■ n iiliiliM^ mm mm ill ,i m m m lis UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY COMPLETE COLLECTION FORMS OF PROCEDURE IN THE SEVERAL Courts flf |1firasDlkiiia. BY P. FRAZER SMITH, COUNSELLOR AT LAW, STATE REPORTER, ETC. SECOND EDITION. PHILADELPHIA: KAY & BROTHER, LAW BOOKSELLERS, PUBLISHERS AND IMPORTERS, 17 AND 19 SOUTH SIXTH STREET, EAST STDK. 1872. T Entered, according to Act of Congress, in the year 1862, BY H. P. & K. H. SMALL, In the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania. Entered, according to Act of Congress, in the year 1872, BY KAY & BROTHER, In the Office of the Librarian of Congress at Washington. Collins, Printer. PEEEACE TO EIRST EDITION. The preparation of the following Forms was undertaken upon the urgency of a friend, in order to supply a want under which the profession had long been laboring. The forms are based almost exclusively upon the Acts of Assembly, having been prepared directly from them, and may be said to be of the first impression, with very slight reference to any forms now in use. The effort has been to use in all cases the precise words of the particular Act, although in some instances it is probable that language more appropriate and otherwise better, might have been employed. The object has been to furnish forms which in themselves, and by their consecutive arrangement, would enable any prac- titioner to commence and progress to the end of the proceedings in the particular case, without the delay or thought necessary to prepare a form for himself. If the plan has been carried out, as it was designed, there will be furnished a book which will be instructive to the younger and less experienced of the profession, and will save much labor to all. It is hoped, too, that the book may tend to produce uniformity in practice throughout the State, especially in those matters in which the proceedings of the lower Courts cannot be reviewed by the Supreme Court. (5) PKEFACE TO FIRST EDITION. The arrangement has been made, as nearly as may be, to correspond with the arrangement of Pardon's Digest by Brightly, and each form has a reference to the particular page and placitum in that book. For example, the form " Agreement for Amicable Action," is based upon the 40th section of the Act of June 13, 1836, found in Brightly's Purdon, page 24, placitum 14. Directly under the title of this form, therefore, will be found "P. 24, pi. 14," and so throughout. Except in a few instances each form is complete in itself; it is therefore made up without reference to any other; and assumed full names of the parties to the proceeding, instead of single letters, are inserted. There are no forms of Conveyancing, and very few of Plead- ing, and those directly or indirectly connected with the prac- tice under the Acts of Assembly. Forms for decrees, aivards, &c., which are frequently pre- pared without the supervision of counsel, are also comprised in the collection. The book has been prepared with an amount of labor which, if it had been anticipated, would have prevented the commence- ment of the work. The Acts of Assembly and many-authorities have been carefully considered : in several instances the authorities are referred to in a foot note. Subjects, on which forms should have been prepared, may have been passed by; it is hoped that there are no forms which will mislead those using them. Should the plan of this collection be satisfactory to the profession, any suggestions for its improvement would be very acceptable. P. F. S. West Chester, Pa., IMarch 17, 1862. (6) PREFACE TO THE SECOND EDITION. The present edition comprises all the matter contained in the former edition, with the exception of a single form under the title "Gambling," based upon the Act of February 16, 1847, which has since been repealed bj the Act of March 31, 1860 (Penal Code). All the forms contained in the first edition have been care- fully revised, and in some instances amended ; a number of new forms added, some upon subjects which had been over- looked in the preparation of the former edition, and others rendered necessary for practice under Acts of Assembly passed since 1860. The references to Brightly's Purdon, upon the same plan as those of the former edition, have been amended to compare with the last edition of Purdon (1862) ; the date of the passage of the Act upon which the form is based, with the page of the Pamphlet Laws upon which it is to be found, are added in this edition ; so that in the event of the issuing of a new edition of Purdon at any future time, a difficulty heretofore experienced in identifying the several Acts referred to is avoided. For example, under the title of the form '■'■ Agreement for Amicable Action' will be found " P. 32, pi. 17, 13 June 1836, P. L. 579," by which it is indicated that the Act will be found in (7) PREFACE TO THE SECOND EDITION. Purdon at page 32, placitum 17, and in tlie Pamphlet Laws of 1836 at page 579. In the preparation of this edition the author has received very valuable assistance from George F. Smith, Esquire, of the West Chester bar, the reference espe- cially to the Pamphlet Laws being entirely at his suggestion and by his labor. Suggestions from the members of the 'profession of amend- ments to the jJresent forms, or of additional forms needed in practice, will be gladly received, and will receive careful con- sideration in the event of the issuing of a subsequent edition. P. F. S. West Chester, May 22, 1872. (8> TABLE' OF CONTENTS. 23. 24. 25. 18 26. 19 127. 20 ! 28. 21 ACTIONS, PERSONAL. 1. Agreement for amicable ac- tion, . . . . 1( 2. Agreement for amicable ac- tion and confession of judg- ment, . . . .1' 3. Precipe and affidavit to hold to bail, . . . . IJ 4. Precipe and affidavit in tres- pass against an unknown defendant, 5. Defendant's bond to sheriff on capias, • . • . 6. Notice by sheriff of bail, &c., 7. Leave to deposit amount of bail in court on capias, . 21 8. Notice to defendant of excep- tion to bail, . . .22 9. Notice of sheriff of exception to bail, . . . .22 10. Notice of justification of bail, 23 11. Notice of substitution of bail, 23 12. Deposit with sheriff in lieu of bail 24 13. Affidavit and precipe for spe- cial capias, . . .24 14. Affidavit on insolvency of ori- ginal bail, , . .25 15. Rule to enter ailditionnl bail, 26 16. Precipe for special capias in default of bail under fore- going rule, . . .26 17. Process for capias to arrest freeholder, . . .26 FRAUDULENT DEBTOKS. 18. Affidavit for warrant of ar- rest, . . . .27 19. Judge's warrant, . . .28 20. Defendant's counter affidavit, 29 6 21. Bond for appearance after ar- 7. rest at adjourned hearing, , 30 i 8, P»g9 Commitment after arrest, . 31 Bond of defendant for payment before expiration of stay on judgment, . . .32 Bond of defendant for payment after expiration of stay, . 33 Bond of defendant pending suit, . . . .34 Bond of defendant not to re- move property, . . 35 Bond for benefit of insolvent laws, . . . .36 Petition for leave to assign, . 38 ACTIONS, REAL. Petition for guardian ad litem, 39 Return of sheriff' to writ of partition, . . . .40 Affidavit of publication of w'rit of partition, . . .41 ADOPTION. Petition for child with parents, 41 Petition for child without pa- rents, . . . .42 Decree of court for adoption of child, . . . .42 APPRENTICES. Petition to bind, . . .43 (Jrder to bind, . . . 4-I- Petition to assign apprentice, 44 Assignment of apprentice, . 45 ARBITRATION. Submission, . . . .46 Affidavit endorsed on submis- sion, . . . .47 Arbitration bond, . . . 47 Affidavit of execution of bond, 48 Rule, 49 Award, . . . .49 Submission, reserving law, . 50 Bond in case reserving law, . 50 (0 TABLE OF CONTENTS. 9. Award of facts, 10. Exceptions to award, . 11. Agreemont under 6th section of Act of 1836, 12. Reference under Act of 1806, 13. Agreement for rule under Act of 18(16, .... 14. Award under Act of 1806, . 15. Notice of award, . 16. Agreement in open court, 17. Compulsory rule, . 18. Affi'lavit of service of rule, . 19. Atlidavit of service where the party cannot be found and has no attorney, 20. Choosing arbitrators where parties agree, . 21. Fixing arbitrators, &c., where parties do not agree, 22. Fixing arl)itrators where but one party attends, 23. Proof of service to be endorsed on copy of record, 24. Adjournment where one party attends, .... 25. Entry of adjournment, . 26. Award, .... 27. Award where substituted arbi- trator, .... 28. Award where arbitrator is sub- stituted, one party being absent, .... 29. Award on death, &c., of ar- bitrator after having been sworn, .... 30. Appeal and affidavit, 31. Recognisance on appeal, 32. Petition of poor party to ap- peal without paying costs, 33. Notice of poor party. &c., . 34. Order of judge allowing poor party to a[>peal, &c., 35. Withdrawal of appeal by con- sent, . . . . .36. Allowance of nonsuit, . 37. Notice to railroad company to produce books, . 38. Affidavit of possession and per- tinency of books in posses- sion of railroad company, . 39. Order of arbitrators to pro- duce books, 40. Award on non-production of books, . . . • 41. Award in account. Page I 51 52! 53 54 54 55 55 56 56 57 BANKS. 1. Certificate, . . . .69 2. Notice of application for char- ter, . . . . • Page 3. Proof of publication of notice of application, . . ,72 BONDS. 1. Declaration in debt, assigning breaches on a bond to secure the performance of an agreement, . . .73 2. Verdict for breaches in an ac- tion on a bond to secure performance of au agree- ment, . . . .75 3. Suggestion of further breaches and precipe for scire facias, 75 4. Scire facias for subsequent breaches after judgment, . 77 5. Precipe in debt on sheriff's bond, . . . .79 6. Declaration on sheriff's bond, 79 7. Suggestion of additional plain- tiff before judgment, . 83 8. Verdict, . . . .83 9. Suggestion of another party on a judgment on sheriff's bond for further breaches, . 84 BOROUGHS. 1. Petition to incorporate a bo- rough, . . . .87 2. Report of the grand jury, . 88 3. Order of court incorporating, 88 4. Petition to change the limits of a borough, , . .89 5. Report of the grand jury, . 90 6. Application of an incorporated borough to become subject to provisions of Act of April 3, 1851, . . . .91 7. Remonstrance against coming under provisions of Act of 1851, . . . .92 8. Refusal to subject borough to Act of 185i, ... 93 9. Confirmation of application to become subject to Act of 1851, . . . .93 10. Complaint for taking private property for the use of bo- rough, . . . .93 11. Recognisance on complaint for grievance from ordinance, , 94 12. Complaint forwideningstreets, 95 COLLATERAL INHERITANCE TAX. 1. Petition to apportion, . . 96 2. Appointment of appraiser, . 97 3. Notice to executor of making appraisement, . . .98 j 4. Citation to file account, . 98 72 5. Service of citation, . . 99 61 62 62 fi3 64 64 65 I 65 I 66 TABLE OF CONTENTS. Ill 6. Application to the Orphans' Court on failure to obey, . 99 7. Citation where tax has not been paid over, . .100 CONSTABLES. 1. Bond of constable, . .101 2. Deputation, . . . .102 3. Petition of surety to inquire into conduct of constable, . 102 4. Decree of court on complaint of surety, . . .103 5. Petition to require freeholder to give security, . .104 6. Decree for security, . .104 7. Decree for removal, . .105 8. Demand for perusal of war- rant, . . . .105 CONTRACT OF DECEDENT. 1. Petition to be allowed to prove 105 in the Common Pleas, 2. Order of court lor notice and decree of sufficiency of pro- bate, .... 3. Certificate of probate, . 4. Petition of executors for leave to execute deed, 5. Decree to make deed, &c., 6. Petition of executor to make probate of contract, . 7. Proceedings to prove a parol contract, .... 8. Petition for specific execution in the Orphans' Court and order for notice, 9. Decree, .... 10. Deceased tenant in common, . 115 11. Bond of executor conveying lauds of tenant in common, 116 CORPORATIONS. 1. Petition for incorporation, 2. Order for publication, . 3. Decree of incorporation, 4. Petition to amend charter, 5. Bail on appeal Iw corporation, 6. Petition for sequestration, 7. Writ of sequestration, . 8. Petition for discovery of ef- fects, .... 110 111 113 114 117 118 119 119 121 122 123 124 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. COUNTIES AND TOWNSHIPS. 1. Execution, . . . .125 COUNTY AUDITORS. 1. Warrant of commitment of I witness, . . • . 126 29 2. Appeal on treasurer from re- port, . . . .1271 COUNTY TREASURER. Petition for removal of county treasurer, . . . .128 Decree of removal of county treasurer, . . .128 DECEDENTS. , Suggestionof existenceof will, 129 Citation to produce will, . 130 Register's citation to witness, 130 Attachment for witness be- fore register, . . .131 Interrogatories before register, 132 Commission to take deposi- tions to be read before re- gister, . . . .132 Appeal from register, . .133 Citation to register's court, . 134 Appeal from register's court, affidavit and recognisance, 134 Recognisance of appellant from register's court, . 135 Caveat against will, . .135 Request for issue on will, . 136 Citation on application for probateof nuncupative will, 136 Nuncupative will made at home, and probate, . .137 Probate of nuncupative will made from home, . . 138 Certificate of probate of will in another state, . .139 Exception to surety in ad- ministration bond, . .139 Notice to administratrix of exceptions to bond, . . 140 Order of register on sustain- ing exceptions, . . 141 Order of register on adminis- tratrix refusing to give ad- ditional security, . .141 Letters of administration de bonis non, . . .142 Petition for guardian of minor over fourteen, . . .143 Petition for guardian of minor under fourteen, . .144 Petition to change guardian, . 144 Petition of executor for guar- dian for non-resident minor, 145 Petition of foreign guardian to be appointed in this state, 145 Petition for appointment of guardian of child of profli- gate father, . . .146 I'etition of foreign guardian to remove property of ward, 147 Order of court authori/ing foreign guardian to remove ward's property, . . 148 IV TABLE OF CONTENTS. Page 30. Notice to resident guardian of application for his dis- charge, . . . .149 31. Petition to discharge resident guanlian, . . .149 32. Order of court discharging resident guardian, . .150 33. Inventory of minor's estate, . 151 34. Triennial account of guar- dian, . . . .152 35. Petition of guardian for dis- charge, . . . .153 36. Order of court on petition of guardian for discharge, . 154 37. Order discharging guardian after report of auditors, . 155 38. Order discharging guardian without auditors, . .155 39. Petition for removal of guar- dian, . . . .155 40. Order citing guardian on ap- plication to remove, . .156 41. Citation to guardian, . . 156 42. Petition for allowance to mi- nor, . . . . .157 43. Petition for allowance to non- resident minor, . .158 44. Petition of guardian for re- funding bond, . . .159 45. Order of court for refunding bond, . . . .160 46. Refunding bond to guardian, 160 47. denunciation of person enti- tled to administration, . 161 48. Inventory and appraisement of goods, &c., of decedent, . 162 49. Eequest of widow for ap- praisers of elected personal property, . . . .162 50. Affidavit of appraisers for widow, .... 51. Inventory of widow's election, 52. Certiticate of appraisers, 53. Election by widow of real estate, .... 54. Election by widow of real estate where widow is ad- ministratrix, 55. Return of division by ap- praisers, .... 56. Return where no division liy appraisers, 57. Return of appraisers where wliole tract is worth no more than 8300, 58. Return of appraisers of land under $600, 59. Decree, where land is divided, 60. Decree, where whole tract is I worth no more than §300, 168 | 69, 70. 71, Page Election by widow to take both personal and real estate, . Affidavit of appraisers, . Inventory, .... Return of appraisers. Notice to creditors by admin- istrator, &c., . Notice to corporation of legacy, .... Petition of heir to suspend collection of surplus bond, 172 Filing bond, &c., not payable in five years, to continue lien, .... Suggestion of interest of cre- ditor on judgment, &c., in favor of testator. Scire facias against executor as debtor of decedent, upon suggestion of creditor. Notice to administrator not to pay debts out of proceeds of real estate, Petition of guardian for per- mission to invest, Bond of administrator to dis- tribute surplus alter sheriff's 74, 76. 169 169 170 171 171 171 173 174 174 176 176 163 79. 163 164 80. 164 81. 165 166 82. 166 83. 167 84. 167 85. 168 86. Petition for sale of real estate for payment of debts, — and exhibits, .... 178 Petition for order of sale to pay balance on administra- tion account, . . .180 Petition for sale, &c., of land in another county, . .181 Decree for raising money on land in another county, . 182 Bond of administrator on sale of real estate, . . .183 Petition to Orplians' Court of another county for sale, &c., of real estate, . .184 Petition of guardian for sale of ward's real estate for maintenance, . . .185 Petition for sale of minor's real estate for improve- ment, . . . .185 Petition for sale of minor's real estate being dilapi- dated, . . . .186 Appointment of auditor on petition for sale, &c., . 187 Report of auditor on applica- tion to sell real estate, . 187 Order of sale, . . .188 Return to order of sale, . 189 Return to order of sale on failure of purchaser, . 190 TABLE OF CONTEXTS. 68. Return to order of sale where no buyers, 89. Conditions of sale, 90. Petition of purchaser at ex- ecutor's sale to pay money into court, 91. Petition of purchaser to pay executor, .... 92. Refunding bond for share of real estate, 93. Petition for clerk to execute deed on death of adminis- trator, .... 94. Petition for order to adminis- trator refusing to make deed, .... 95. Petition for clerk to make deed after order to adminis- trator, .... 96. Petition to sell unproductive, &c., lands of minor, 97. Petition for sale of land where minor is remainder- man, .... 98. Petition by trustee for sale, where lands are unproduc- tive, .... 99. Order for notice of applica- tion for sale of minor's land, .... 100. Bond of guardian on sale of land, .... 101. Petition to let minor's land on ground-rent, 102. Petition for partition, 103. Petition for seven men to make partition, 104. Petition for partition where some parties are unknown, 105. Petition for commissioners to divide, 106. Petition for partition und«;r devise, .... 107. Petition for partition of land held in common, 108. Return of seven (or three) men on land held in com- mon, .... 109. Petition for rule on heirs, . 110. Petition of heir offering ad- vance on valuation, . 111. Adjudication to heir accept- ing, .... 112. Decree charging widow's in- terest on part of real es- tate : to be added to adju- dication or order of sale after petition, . 113. Adjudicj'tion on acceptance of twtf )r more heirs, 114 190 191 115 192 116 193 117 194 % 118 193 119 196 120 121 197 122 198 123 199 124 125 200 126 201 127 201 128 202 2U3 129 204 205 130 206 131 207 132. 208 133. 209 134. 210 211 135. 211 136. 137. 213 138. 213 Pag« 214 215 216 218 219 219 220 221 222 223 224 225 Petition for decree of pay- ment of owelty, Petition to value the interest of widow of tenant in com- mon, .... Petition of co-tenant to charge widow's interest on decedent's share, Decree charging interest of widow of deceased co-ten- ant on land after sale, Petition for inquest where there is a life estate, . Decree of adjudication to re- mainderman, . Petition for order to enter satisfaction on recognisance Petition for rule on heirs for sale, .... Petition for order of sale without rule, Petition for rule to accept or refuse, or for sale, . Decree of court for sale, Petition of successor of de- ceased administrator to make deed, Order of court on adminis- trator to execute deed, &c.. Petition for trustee to exe- cute order of sale where ad- ministrator refuses, . Petition for trustee to exe- cute order of sale where there is no administrator, 227 Petition of husband to re- ceive wife's share on secu- rity, . . . .227 Decree awarding wife's share to husband on security, . 228 Petition of husband for trus- tees for his wife's share, . 228 Decree of court appointing trustees for wife's share . 229 Declaration of wife that her share be paid to husband, &e., . . . .230 Petition for auditor to ascer- tain liens on shares on ac- ceptance in partition, . 230 Petition for auditor to ascer- tain liens on sliares after sale, . . . .231 Petition to pay valuation mo- ney into court to pay liens, 232 Petition by executor to loan money of distributee not giving refunding bond, . 233 Exceptions to administra- tion account, . . . 234 226 VI TABLE OF CONTENTS. Page 139. Petition for aiulitor to aver- age assets, . . . 234 140. Pefition lor auditor to distri- bute, . . . .235 141. Petition to enter satisfaction of transcript, . . . 236 142. Petition for review of account, 237 143. Kefnnding bond for share of personal estate, . . 238 144. Bond of tenant for life to receive legacy, . . 239 145. Petition for payment of leg- acy cliarj^ed on land, . 240 146. Petition of devisee to charge legacy on part of land, . 241 147. Appointment of auditor on application to charge lega- cy on part of land, . . 242 148. Decree charging legacy on part of land, . . . 243 149. Petition for discharge of land when legacy is extin county. John GREGa. J Of January Term, 1855. Case in Assumpsit. 1855, January 6. It is agreed that an amicable action in the above form be entered in said court, and that the said action shall be deemed to be depending in like manner as if the de- fendant had appeared to a summons issued against him by the plaintiff. George Wills, John Gregg. 2. Agreement for Amicable Action and Confession of Judgment. P. 32, pi. 18. 21 March 1806, 4 Sm. L. 330. George Wills "j In the Court of Common Pleas of Chester V. V county. John Gregg. J Of January Term, 1855. Case. 1855, January 7. It is agreed that an amicable action in * See Preface. 2 (17) 18 ACTIONS PERSONAL. the above form be entered in said court, and that the same shall be deemed to be depending in like manner as if the defendant had appeared to a summons issued against him by the plaintiff: said action being founded on a note (or book account, &c., as the case may be), a copy of "which is filed herewith. And it is further agreed, that judgment be confessed herein in favor of the plaintiff against the defendant for the sum of three hundred dollars, with stay of execution for three months. George Wills, John Gregg. Executed in the presence of ] John Doe, > Richard Roe. I 3. Precipe and Affidavit to Jiold to Bail. p. 33, pi. 19. 13 June 1S36, P. L. 573. George Wills \ In the Court of Common Pleas of Chester V. V county. John Gregg. J Of May Term, 1855. Issue capias trespass against the defendant, ■wherefore "with force and arms, &:c., he broke and entered the close of the plaintiff, in said county, and then and there carried away one horse of the value of one hundred dollars (or as the case may be), of the goods of the plaintiff, and converted and disposed the same to his own use ; and other wrongs to the plaintiff then and there did to the great damage of the plaintiff, &c. Bail demanded, §1000. Yours, &c., William Marshall, To James Davis, Esq., Plaintiff's Attorney. Prothonotary. April 10, 1855. Chester county, ss. George Wills, the above named plaintiff, being duly sworn says, that John Gregg, the defendant, on or about the first day ACTIONS PERSONAL. 19 of April, instant, did break and enter into his barn, m the township of Penn in said county, and then and there carried away one horse of the value of one hundred dollars, &c., &c., and other wrongs to this deponent did to his great damage, &c. George Wills. Sworn and subscribed before me, ^ April 10, A. D. 1855. > James Davis, Prothonotary. J 4. Precipe and Affidavit in Trespass against an Unknown Defendant. P. 33, pL 20. 13 June 1836, P. L. 573. George Wills | j^^ ^^^ (,^^^,^ ^^ Common Pleas of Chester ^' I county. Trespass. Chester county, ss. George Wills being duly sworn, says, that a person whose name is unknown, did on the first day of March, instant, break and enter the barn of him the said George Wills, and in his possession, situate in the township of Penn, in said county of Chester, and then and there carried away one horse of the value of one hundred dollars (or as the case may be), and did other wrongs to this deponent to his great damage, &c. George Wills. Sworn and subscribed, March 2, "j A. D. 1855, before V James Davis, Prothonotary. J Issue capias trespass, at the suit of the said George Wills, against the person mentioned in foregoing affidavit, pursuant to the provisions of the seventh section of the Act of June 13, 1836, relating to the commencement of actions, wherefore, with force and arms, &c., he broke and entered the close of the plaintifi', in said county, and then and there carried away one horse of 20 ACTIONS PERSONAL. the value of one hundred doHars of the goods of the plaintiff, and converted the same to his own use, and other wrongs to the plaintiff then and there did to his great damage, &c. Bail in ^1000. Yours, &c., William Marshall, James Davis, Esq. Plaintiff's Attorney. Prothonotar^. March, 2, 1855. 5. Defendant's Bond to Sheriff on Capias. p. 33, pi. 23. 13 June 1836, P. L. 573. i-1 ITT ^.^ ^ In the Court of Common Pleas of Chester George Wills ) ( county. T !1" I Of May Term, 1855. No. 6. Capias John Gregg. ) n^ Trespass. Know all men by these presents. That we John Gregg, above named, John Ward and George Gray, all of the borough of West Chester, in the county of Chester, are held and firmly bound to the Commonwealth of Pennsylvania, in the sum of one thousand dollars, to be paid to the said Commonwealth, her cer- tain attorney and assigns ; to which payment well and truly to be 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 third day of April, in the year of our Lord one thousand eight hundred and fifty-five. Whereas the above named John Gregg, having been arrested and detained by Jesse Sharp, sheriff of said county of Chester, by force of the writ in the above stated action, has been let to bail by the said sheriff upon his giving bond with the above named John Ward and George Gray as sureties : Now the condition of this obligation is such, that in case the said John Gregg shall be condemned in said action, if he shall satisfy the condemnation money and costs, or surrender himself into the custody of the sheriff of said county, or in default thereof, if the said John Ward and George Gray shall do so for ACTIONS PERSONAL. 21 him, then this obligation to be void or else be and remain in full force and virtue. Sealed and delivered in the presence of f John Way, | James Rex. ^ John Gregg, [L. s.l John Ward, [L. ^•1 George Gray, [L. S.] 6. Notice hy Sheriff of Bail, ^o. p. 33, pi. 26. 13 June 1836, P. L. 573. George Wills "j In the Court of Common Pleas of Chester V. V county. John Gregg. J Of May Term, 1865. No. 6. Bail in §1000. To William Marshall, Esq., PlaintiflF's Attorney. Sir, — Please to take notice that having arrested the defend- ant, by virtue of the writ in the above case, I have let him to bail, he having given bond in the sum of one thousand dollars, with condition as is provided by the tenth section of the Act of June 13, 1836, relating to the commencement of actions ; and that John Ward and George Gray, both residing in the borough of West Chester, are the bail in said bonds. Jesse Sharp, May 1st 1855. Sheriff. 7. Leave to deposit amount of Bail in Court on Capias. p. 34, pi. 37. 13 .Tune 1836, P. L. 575, ^ --^ ^ In the Court of Common Pleas of Chester George Wills ) f county. ^ (Of May Term, 1855. No. 6. Capias John Gregg. I ,„ "^ t, •, • r^.-l/^A^ ^ Trespass. Bail in $1000. 22 ACTIONS PERSONAL. Sheriff returns " Cepi Corpus" (or " Cepi Corjms and bail bond.") And noAv, May 1, 1855, by leave of the court, the defendant deposits and pays into court the sum of one thousand dollars the bail demanded in the above suit, to abide the event of said suit, and it is thereupon ordered by the court, that the said John Gregg be discharged from imprisonment (or that John Ward and George Gray, the bail of the defendant in said bond, be dis- charged from all liability). 8. Notice to Defendant of Exception to Bail. p. 33, pi. 27. 13 June 1836, P. L. 573. George Wills "] In the Court of Common Pleas of Chester V. y County. John Gregg. J Of May Term, 1855. No. 6. Capias Trespass. To Samuel Lewis, Esq., Defendant's Attorney. Sir, — Please to take notice that the plaintiff excepts to the sufficiency of John Ward and George Gray, the bail taken in the above case. Yours, &c., William Marshall, Plaintiff's Attorney. May 10, 1855. 9. Notice of Sheriff of Exception to Bail. p. 33, pL 27. 13 June 1836, P. L. 573. -^ In the Court of Common Pleas of Chester George Wills ) f county. ^' ( Of May Term, 1855. No. 6. Capias Tres- JoHN Gregg. J -^ pass. The plaintiff excepts to the sufficiency of John Ward and ACTIONS PERSONAL. 23 George Gray, the bail taken by the sheriff in the above case. William Marshall, To Jesse Sharp, Esq., Plaintiff's Attorney. Sheriff of Chester Co. May 10, 1855. 10. Notice of Justification of Bail. p. 83, pL 27. 13 June 1836, P. L. 573. George Wills j In the Court of Common Pleas of Chester V. V county. John Gregg. J Of May Term, 1855. No. 6. Capias Trespass. To William Marshall, Esq., Plaintiff's Attorney. Sir, — Please to take notice that John Ward and George Gray, the bail taken by the sheriff in the above case, will justify before the Hon. Townsend Haines, President Judge of said court, at the Prothonotary's office, on the thirteenth day of May, instant, at 10 o'clock, a. m. Samuel Lewis, Defendant's Attorney. May 11, 1855. 11. Notice of Substitution of Bail. P. 33, pi. 27. 13 June 1836, P. L. 573. George Wills \ In the Court of Common Pleas of Chester V. > county. John Gregg. J Of May Term, 1855. No. 6. Capias Trespass. To William Marshall, Esq., Plaintiff's Attorney. Sir, — Please to take notice that, to the bail taken by the sheriff in the above case, will be added, (or, — instead of tlie bail 24 ACTIONS PERSONAL. taken in the above case, will be substituted,) James Jones and Robert Smith, of the township of Penn, in said county, farmers, who will justify before the Hon. Townsend Haines, President Judge of said court, at the Prothonotary's oflSce, on the thirteenth day of May instant, at 10 o'clock, a. m. Yours, &c., Samuel Lewis, Defendant's Attorney. May 11, 1855. 12. Deposit with Sheriff in lieu of Bail. p. 34, pi. 34. 13 June 1836, P. L. 575. George Wills ") In the Court of Common Pleas of Chester V. > county. John Gregg. J Of May Term, 1855. No. 6. Capias Trespass. 1855, May 1. Received of John Gregg the sum of one thou- sand dollars deposited with me in lieu of all bail demanded in the above case, to abide the event of said suit. Jesse Sharp, Sheriff. 13. Affidavit and Precipe for Special Capiat. p. 34, pi. 39. 13 June 1836, P. L. 575. ^ -rxr -V In the Court of Common Pleas of Chester George Wills | I county. John Greeg 1 ^^ ^-'■^J Term, 1856. No. 5. Summons. ^ Debt, §500. Chester county, ss. George Wills, above named, being duly sworn says, that the above stated action is pending, that the said John Gregg the ACTIONS PERSONAL. 25 defendant, is justly and truly indebted to him in the sum of five hundred dollars, with interest, on a bond dated the first day of April, A. D. 1855, conditioned for the payment of the said sum of five hundred dollars in one year from the date thereof, with interest ; and that said John Gregg is about to quit the Com- monwealth, as this deponent verily believes, without leaving sufficient real or personal estate therein to satisfy said demand. George Wills. Sworn and subscribed, July 1, ^ A. D. 1856, before V James Davis, Prothonotary. J Issue special capias ad respondendum against John Gregg, the defendant in the above action. (a) William Marshall, To James Davis, Esq., Plaintifi"'s Attorney. Prothonotary. July 1, 1856. 14. Affidavit on Insolvency of Original Bail. p. 35, pi. 41, 42. 13 June 1836, P. L. 577. George Wills '\ In the Court of Common Pleas of Chester V. > county. John Gregg, j Of May Term, 1855. No. 6. Capias Trespass. Chester county, ss. George Wills, the plaintiff above named, being duly sworn, says, that John Ward, the bail for the defendant in this action, has, pending the same, assigned his eff'ects for the benefit of his creditors (or as the case may be). Sworn and subscribed, .June 15, ^ George Wills. a. d. 1855, before me V James Davis, Prothonotary. J (a) The provision to which this form relates, is probably rendered inopera- tive, at least as to action on contract, by the Act of July 12, 1842, " To Abolish Imprisonment for Debt." 26 ACTIONS PERSONAL. 15. Rule to enter Additional Bail. And now, to wit, June 15, 1855, on the filing of the plain- tiif's afiidavit in this case, a rule is entered requiring the defendant to find additional bail on or before the twentieth day of June instant. Three days' notice of the above rule to be given by the plain- tiff to the defendant. 16. Precipe for Special Capias in default of Bail under fore- going Rule. George Wills "] In the Court of Common Pleas of Chester V. y county. John Gregg. J Of May Term, 1855. No. 6. Trespass. Issue special capias ad respondendum in the above action in default of additional bail. Bail in $1000. William Marshall, James Davis, Esq., Plaintiff's Attorney. Prothonotary. June 21, 1855. 17. Process for Capias to arrest Freeholder. p. 35, pL 46. 20 March 1725, 1 Sm. L. 164. ( In the Court of Common Pleas of Chester V. > T r^ county. John Gregg. J "^ Issue capias trespass against the defendant to answer the plaintiff wherefore the defendant broke and entered the close of the plaintiff, and took and carried away the goods of the plain- tiff of great value, to wit : one horse of the value of two hundred ACTIONS PERSONAL. 27 dollars, and other wrongs to the plaintiff did, to his great damage, &c. Bail in $500. William Marshall, James Davis, Esq., Plaintiff's Attorney. Prothonotary. Jan. 1, 1856. Affidavit. Chester county, ss. George Wills, the above plaintiff, being sworn in due form of law says, that the defendant above named has signified his in- tention of going to sea (or of removing out of this Common- wealth, or as the case may be), as this deponent verily believes. Sworn and subscribed, Jan. 1, "^ George Wills. 1856, before the undersigned a Justice of the Peace of ^ said county. | James Davis. j FRAUDULENT DEBTORS. 18. Affidavit for Warrant of Arrest. p. 36, pL 51, 52. 12 July 1842, P. L. 339. ^ _„ ^ In the Court of Common Pleas of Chester George Wills ) f county. ^ ' 1 Of January Tei'm, 1855. No. 7. Case in John Gregg. ) . ., ^ Assumpsit. Chester county, ss. George Wills, the plaintiff above named, being duly sworn says, that he has commenced a suit as above stated ; that the defendant is indebted to him in the sum of three hundred dol- lars on a book account for goods sold and delivered, (or as the case may be, — describing the character of the indebtedness with reasonable particularity), that shortly before the commencement of said suit, the defendant had in his possession and was the owner of four horses (or as the case may be) ; that three of the said horses are not now in his possession, and, as he is informeil and believe.-;, are not in the county of Chester, but in the county 28 ACTIONS PERSONAL. of Lancaster, in the possession of one James Gregg, a brother of the defendant ; that, as this deponent is informed and believes, said James Gregg is of small pecuniary means, unable to pay for said horses, is a carpenter, and has no employment for them (or as the facts may be), that the deponent believes that the de- fendant has assigned, removed and disposed of said property as aforesaid, Avith intent to defraud his creditors, (a) (or as the case may be). Sworn and subscribed, Janu-^ George Wills. ary 6, 1855, before the un- I dersigned a Justice of the )■ Peace of said county. | Henry Fleming. J 19. Judge s Warrant. p. 37, pi. 53. 12 July 1842, P. L. 340. Chester county, ss. The Commonwealth of Pennsylvania, to the sheriff or any constable of Chester county, greeting : Whereas, complaint has this day been made before me, on the oath (or aflBrmation as the case may be) of George AYills, setting forth that he has commenced suit in the Court of Common Pleas of Chester county, No. 7, to January Term, 1855, against John Greo-or ; that the said John Gregg is indebted to him in the sum of three hundred dollars on a book account for goods sold and delivered ; that shortly before the commencement of said suit, the said John Gregg had in his possession and was the owner of four horses ; that three of said horses are not now in his pos- session, and are not in the county of Chester but in the county of Lancaster, in the possession of one James Gregg, a brother of defendant ; that the said James Gregg is a man of small pecuniary means, unable to pay for said horses, is a carpenter, and has no employment for them ; and that the said John Gregg has assigned, removed, and disposed of said property described (a) It is necessary that the facts should be set out In the affidavit, to enable the judf^e to infer whether they are sufficient to justify an arrest under the act. iJoughertjj v. Dougherly, 6 P. L. J. 153. ACTIONS PERSONAL. 29 in said complaint, with intent to defraud his creditors (conform- ing to the affidavit). These are, therefore, to command you to arrest the said John Gregg, and bring him before me at mj office in the borough of West Chester, without delay, to be dealt with according to law : And have you there also this precept. Witness my hand at West Chester, aforesaid, this sixth day of January, A. D. one thousand eight hundred and fifty-five. TowNSEND Haines, Pres. Judge, 15 Jud. Dist. 20. Defendant' 8 Counter Affidavit. p. 37, pi. 55. 12 July 1842, P. L. 340. GEOEaE Wills ^ In the Court of Common Pleas of Chester V. y county. John Gregg. J Of January Term, 1855. No. 7. Chester county, ss. John Gregg, the above-named defendant, being duly sworn says, that the said horses were bond fide sold and delivered to the said James Gregg ; and that the said James Gregg paid the deponent the sum of three hundred dollars ; that the deponent sold said horses for the purpose of raising money to discharge debts due by him to the Bank of Chester County, in two notes, amounting together to the sum of two hundred and fifty dollars, for which Richard Pierce and Eli Bones were liable as endorsers ; and that the said sum of two hundred and fifty dollars has been placed in the hands of the said Richard Pierce and Eli Bones, to take up said notes when they shall become due ; that about twenty dollars of said sum of three hundred dollars has been expended by the deponent in the necessary support of his family, thirty dollars or thereabouts still remaining in his pos- session ; and that said horses were not assigned, removed, or disposed of for the purpose of defrauding the creditors of this deponent. Sworn and subscribed, Jan- "| John Gregg. uary 7, A. d. 1855, before V Townsend Haines, P. J. J 30 ACTIONS PERSONAL. 21. Bond for Appearance after Arrest at Adjourned Hearing. p. 37, pi. 55. 12 July 1842, P. L. 340. George Wills "] In the Court of Common Pleas of Chester V. V county. John Gregg. J Of January Term, 1855. Ko. 7. > Know all men by these presents, that we, John Gregg, the defendant above named, and Henry Rose, both of said county, are held and firmly bound unto George Wills, the above-named plaintiff, in the sum of six hundred dollars, to be paid to the said George Wills, his executors, administrators or assigns, to which payment well and truly to be made we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, dated the seventh day of January, A. D. one thousand eight hundred and fifty-five. Whereas, by virtue of a warrant issued by the Hon. Town- send Haines, President Judge of said court, the said John Gregg has been arrested, and is now before said judge, on the complaint of said George Wills, that he is indebted to him, the said George Wills, in the sum of three hundred dollars, for which he has com- menced suit ; and that the said John Gregg has assigned, re- moved and disposed of his property with intent to defraud his creditors, and said judge has adjourned the further hearing of said John Gregg until the seventeenth day of January instant, at ten o'clock a. m., at the office of said judge, in the borough of West Chester : Now the condition of this obligation is such, that if the above bounded John Gregg shall appear at the said adjourned hear- ing then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the ^ Henry Rose, [l. s.] presence of I John Gregg, [l. s.] William Marshall, ' Samuel Lewis. ACTIONS PERSONAL, 31 22. Commitment after Arrest. p. 37, pi. 57. 12 July 1842, P. L. 340. Geoege Wills ^ In the Court of Common Pleas of Chester V. V county. John Geegg. J Of January Term, 1855. No. 7. Chester county, ss. The Commonwealth of Pennsylvania to the sheriff of said county, and the keeper of the jail of said county : Whereas the plaintiflf, George Wills, by his affidavit, has re- presented to me that the defendant, John Gregg, is indebted to him in the sum of three hundred dollars, for which he has com- menced the above suit ; that said debt has been contracted for goods sold and delivered to him; that shortly before the com- mencement of said suit, the defendant had in his possession, and was the owner of four horses ; that at the making of said affidavit, three of the said horses were not in the possession of said John Gregg, and were not in the county of Chester, but in the county of Lancaster, in the possession of James Gregg, a brother of the defendant, who is of small pecuniary means, unable to pay for said horses, is a carpenter, and has no use for them, and that the defendant has assigned, removed and disposed of said property with intent to defraud his creditors ; and the said John Gregg, having been arrested and brought before me, Townsend Haines, President Judge of the said court, by virtue of a warrant of arrest, issued upon said complaint, and I, having inquired into the allegations of the complaint above specified, am this day satisfied that the same are sub- stantiated, and that the said John Gregg has assigned, removed and disposed of his above mentioned property, with intent to defraud his creditors (or as the case may be, conforming to the affidavit). These are to command the said sheriff to convey the said John Gregg to the said jail, and the keeper thereof to receive and there detain him until he shall be discharged by law. Witness my hand and seal the seventeenth day of January, A. D. one thousand eight hundred and fifty-five. Townsend Haines, [l. s.] President Judge. 32 ACTIONS PERSONAL. 23. Bond of Defendant for Payment before Expiration of Stay on Judgment. p. 37, pi. 58. 12 July 1842, P. L. 340. George Wills V. John Gregg. In the Court of Common Pleas of Chester county. Of January Term, 1855. No. 7. Jan. 2, 1855. Judgment for plflF. for $300. Know all men by these presents, that we John Gregg, the defendant above named, and Henry Rose, both of said county, are held and firmly bound unto George Wills the above-named plaintiff, in the sum of six hundred dollars, to be paid to the said George Wills, his executors, administrators or assigns, to which payment well and truly to be made we do bind ourselves jointly and severally, our heirs, executors and administrators, and every of them, firmly by these presents. Sealed with our seals, dated the seventh day of January, A. D. one thousand eight hundred and fifty-five. Whereas, the said John Gregg having been examined before the Hon. Townsend Haines, President Judge of said court, on the complaint of said George Wills, that the said John Gregg is indebted to him, by judgment, in the sum of three hundred dol- lars, and that he has fraudulently assigned his property (or as the case may be), as in said complaint is specified, and the said judge has been satisfied that the allegation in said complaint is substantiated; and the said Henry Rose, with whom said judge is satisfied, is willing to become security for the payment of the said debt with costs of the suit and the proceedings against him, with interest: Now the condition of this obligation is such, that if the said John Gregg shall pay to the said George Wills, his executors, administrators, or assigns, the amount of the above stated judg- ment with costs of the suit and the proceedings against him, with interest, in nine months from the first day of January Term ACTIONS PERSONAL. 33 aforesaid, then this obligation to be void, or else to be and re- main in full force and virtue. Sealed and delivered in pre- "I John Gregg, [l. s.] sence of us, [ Henry Rose, [l. s.] Townsend Haines, William Marshall. 24. Bond of Defendant for Payment after Expiration of Stay. p. 37, pi. 58. 12 July 1842, P. L. 340. George Wills "i ''"" *^® Court of Common Pleas of Chester ( county. John Gregg. J Of January Term, 1854. No. 10. ^ March 20, 1854. Judgment for plff. for $300. Know all men by these presents, that we John Gregg, the defendant above named, and Henry Rose, both of said county, are held and firmly bound unto George Wills, the above named plaintijOF, in the sum of six hundred dollars, to be paid to the said George Wills, his executors, administrators or assigns, to which payment well and truly to be made we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, dated the seventh day of January, A. D. one thousand eight hundred and fifty-five. Whereas, the said John Gregg having been examined before the Hon. Townsend Haines, President Judge of said court, on the complaint of the said George Wills, that the said John Gregg is indebted to him by the above stated judgment in the sum of three hundred dollars ; and that the length of time for stay of execution for debts of like amount has expired, and that the said John Gregg has fraudulently assigned his property (or as the case may be), in said complaint specified, and the said judge has been satisfied that the allegation in said complaint is sub- stantiated, and the said Henry Rose, with whom the said judge 3 34 ACTIONS PERSONAL. is satisfied, is willing to become surety for the payment of the said debt with costs of the suit and the proceedings against him, with interest : Now the condition of this obligation is such, that if the above named John Gregg shall pay to the said George Wills the amount of the above judgment with costs of the suit and the proceedings against him, with interest, in sixty days from the date hereof, then this obligation to be void, or else to remain in full force and virtue. Sealed and delivered in the ^ -r ^ ,- -, „ ) John Gregg, Tl. s.l presence oi [ ^. ^ ): i rf^ J TT • r Henry Rose, [l. s.l lownsend Hames, I 7 l j William Marshall. ^ 25. Bond of Defendant pending Suit. p. 37, pi. 58. 12 July 1842, P. L. 340. George Wills ^ In the Court of Common Pleas of Chester V. V county. John Gregg. J Of January Term, 1855. No. 7. Know all men by these presents, that we John Gregg, the defendant above named, and Henry Rose, both of said county, are held and firmly bound unto George Wills the above-named plaintiff", in the sum of six hundred dollars, to be paid to the said George Wills, his executors, administrators and assigns, to which payment well and truly to be made we bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, dated the seventh day of January, a. d. one thousand eight hundred and fifty-five. Whereas, the said John Gregg having been examined before the Hon. Townsend Haines, President Judge of said court, on the complaint of said George Wills, that the said John Gregg is indebted to him in the sum of three hundred dollars which is not yet in judgment but for which he has commenced suit to October Term, 1854, of said court ; and that the said John Gregg has fraudulently assigned his property (or as the case ACTIONS PERSONAL. 35 may be,) as in said complaint is specified, and the said judge has been satisfied that the allegations in said complaint are sub- stantiated ; and the said Henry Rose, with whom said judge is satisfied, is willing to become surety that the said debt or demand or so much, if any, as shall be recovered with costs of the suit and costs of this proceeding, shall be paid with interest : Now the condition of this obligation is such, that if the said John Gregg shall within sixty days from the date hereof, pay the above debt or demand, or so much, if any, as shall be re- covered against him with the costs of the suit and of this pro- ceeding, with interest, in case judgment shall then be recovered against him therefor, and the length of time for stay of execu- tion given by law for debts of the amount for which the said George Wills may recover judgment, shall then have expired, and in case the said length of time for stay of execution shall not have elxpired at the time of the recovery of such judgment ; if he shall pay said debt or demand, costs and interest aforesaid, at the expiration of said length of time given by law for stay of execution as aforesaid, or within sixty days from the date hereof, then this obligation to be void, or else shall be and remain in full force and virtue. Sealed and delivered in the >^ John Gregg, [l. s.] presence of us I Henry Rose, [l. s.] Townsend Haines, C William Marshall. ^ 26. Bond of Defendant not to remove Property/. P. 37, pi. 59. 12 July 1842, P. L. 340. George Wills ^ In the Court of Common Pleas of Chester ^- y county. John Gregg. J Of January Term, 1855. No. 7. Know all men by these presents, that we, John Gregg the defendant above named, Henry Rose and John Ward, all of said county, are held and firmly bound unto George Wills the above-named plaintiff, in the sum of six hundred dollars to be 36 ACTIONS PERSONAL. paid to the said George Wills, his executors, administrators or assigns, to which payment well and truly to be made, we bind ourselves jointly and severally, our heirs, executors and admin- istrators, firmly by these presents. Sealed with our seals, dated the seventh day of January, A. D. one thousand eight hundred and fifty-five. Whereas, the said John Gregg having been examined before the Hon. Townsend Haines, President Judge of said court, on the complaint of said George Wills, that he the said John Gregg is indebted to him in the sum of three hundred dollars, and that he is about to remove his property out of the jurisdiction of said court, with intent to defraud his creditors (or as the case may be), as in said complaint is specified ; and said judge has been satisfied that the allegations in said complaint have been sub- stantiated and has approved of Henry Rose and John Ward as sureties in this behalf: Now the condition of this obligation is such, that if the said John Gregg will not remove any property which he now has out of the jurisdiction of said court with intent to defraud any of his creditors, and will not assign, sell, convey or dispose of any of his property with such intent or with a view to give a prefer- ence to any creditor for any debt antecedent to such assign- ment, sale, conveyance or disposition until the demand of the said George Wills, with costs, shall be satisfied, or until thirty days after final judgment shall be rendered in the above stated suit, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the presence of us ] ^^^^ ^^E<^«' C^' ^'l Townsend Haines, } Henry Rose, [l. s.] William Marshall. J J^hn Ward, [l. s.] 27. Bond for benefit of Insolvent Laws. p. 37, pi. 60. 12 July 1842, P. L.-340. George Wills ^ In the Court of Common Pleas of Chester V. V county. John Gregg. J Of January Term, 1855. No. 7. ACTIONS PERSONAL. 37 Know all men by these presents, that we John Gregg, the defendant above-named, Henry Rose and John Ward, all of said county, are held and firmly bound unto George Wills, the above-named plaintiff, in the sum of six hundred dollars, to be paid to the said George Wills, his executors, administrators or assigns, to which payment well and truly to be made, we bind ourselves jointly and severally, our heirs, executors and admin- istrators, firmly by these presents. Sealed with our seals, dated tne seventh day of January, A. D. one thousand eight hundred and fifty-five. Whereas, the said John Gregg having been examined before the Hon. Townsend Haines, President Judge of said court, on the complaint of said George Wills, that the said John Gregg is indebted to him in the sum of three hundred dollars, and that he is about to remove his property out of the jurisdiction of said court with intent to defraud his creditors (or as the case may be), as in said complaint is specified, and said judge has been satisfied that the allegations in said complaint have been sub- stantiated ; and has approved of Henry Rose and John Ward as sureties in this behalf : Now the condition of this obligation is such, that if the said John Gregg will within thirty days from the date hereof, apply by petition to said court, or to a judge thereof — if said court shall not within said thirty days be in session — for the benefit of the insolvent laws of the Commonwealth, and shall comply with all the requisitions of said law, and abide by all orders of the said court in that behalf, or in default thereof, and if he shall fail in obtaining his discharge as an insolvent debtor, he will on the day he shall so fail, surrender himself to the jail of said county ; then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the ^ presence of us Townsend Haines, William Marshall. John Gregg, [l. s.] Henry Rose, [l. s.] John Ward, [l. s.] 38 ACTIONS PERSONAL. 28. Petition for leave to Assign. p. 38, pi. 62, 63. 12 July 1842, P. L. 342. To the Honorable the judges of the Court of Common Pleas of Chester county. The petition of John Gregg respectfully represents : That he was on the seventh day of January, A. D. 1855, arrested on the complaint of George Wills, setting forth that the petitioner was indebted to him in the sum of three hundred dollars, and had fraudulently concealed his property (or as the case may he), as in said complaint is specified ; that on the hearing of said complaint before the Hon. Townsend Haines, President Judge of said court, he was, in pursuance of the pro- visions of the eighth section of an Act to abolish imprisonment for debt and punish fraudulent debtors, on the seventeenth day of the same month committed to the jail of Chester county to be there detained until he should be discharged according to law ; that he is now detained in said jail by virtue of said com- mitment (or, — gave the bond specified in the eleventh section of said act), and that he is desirous to assign his property and have the benefit of the provisions of said act. The petitioner further represents, that the petition is accom- panied with a statement of all his estate, efi"ects and property wheresoever situate and of whatsoever kind, — with a statement of the debts due by him, the names of his creditors, the amount due each, with the nature and character of the debt so far as he can ascertain the same, and a statement of the causes of his in- solvency (and the extent of his losses, if any). He therefore prays the court, that he may assign his property and have the benefit of the provisions of this act. And he will, &c., John Gregg. Chester county, ss. John Gregg, the above petitioner, being duly sworn, says, the ACTIONS REAL. 39 facts set forth in his foregoing petition, and in the accompany- ing statements, are true. (a) Sworn and subscribed, Febru-^ John Gregg. ary 1, a. d. 1855, before the I undersigned, a Justice of y the Peace of said county. Henry Fleming. (The "Statements" mentioned in the petition, must be at- tached to it.) ACTIONS REAL. Petition for Guardian ad litem. p. 39, pi. 6. 13 June 1836, P. L. 587. In the Court of Common Pleaa of Chester county. OfJanuary Term, 1855. No. 8. ^ Partition. (Dower, Ejectment, Waste or Nuisance, as the case may be.) George Wills V. John Gregg, Henry Rose, Joseph Ward, Paul Wil- son and Richard Jones, a minor, under the age of fourteen years. To the Honorable the Judges of said court. The petition of George Wills, plaintiff in above-stated action of Partition, respectfully represents : That the above-named Richard Jones, the minor defendant, has no guardian ; that ser- vice of the writ issued in said action has been duly made upon Robert Jones, the uncle and next of kin of said minor, residing in said county of Chester, in which county said minor resides ; that the day on which judgment by default might be taken against such minor, if he were of full age, has passed ; the peti- tioner, therefore, prays the court to appoint a guardian ad litem for such minor. And he will, &c., Jan. 27, 1855. George Wills. (a) Sec Detwiler v. Casselherry, 5 W. & S. 179. 40 ACTIONS REAL. Chester county, ss. George Wills, the above petitioner, being sworn, says, that the statements in the foregoing petition are true, as he verily believes. Sworn and subscribed, Jan. 27, "] George Wills. A. D. 1855, before > James Davis, Prothonotary. j 1855, January 27. The petition of George Wills being read and duly considered, the court on motion of William Marshall, Esq., of counsel with the plaintiff, appoint Robert Jones guar- dian ad litem of the within named Richard Jones. Note. — If the minor be above fourteen years the petition should state that *' service of writ has been duly made on said minor." 2. Return of Sheriff to Writ of Partition. P. 30, pi. 3. p. 39, pi. 8. 13 June 1836, P. L. 572, 587. P. 772, pi. 17. 11 April 1835, P. L. 200. To the Honorable the Judges within named, I, Jesse Sharp, sheriff of the county of Chester, do certify and return, that I served the within writ on John Gregg, on the tenth day of January, a. d. 1855, by reading the same in his hearing, and giving him a true and attested copy thereof; on the same day, on Henry Rose, who could not conveniently be found, by leav- ing a true and attested copy of said writ at his dwelling-house in the presence of an adult member of his family ; on the same day, on Joseph Ward, who could not conveniently be found, by leaving a true and attested copy of the said writ at the dwell- ing-house of Charles Jackson, with whom he resides, in the pre- sence of an adult member of said Charles Jackson's family ; on the same day, on Richard Jones, a minor, by reading said writ to Robert Jones, the uncle, and next of kin of said minor, and giving him a true and attested copy thereof, and on Paul Wil- son, who resides out of said county of Chester, by publication as appears by the annexed affidavit. So Answers, Jesse Sharp, Sheriff. ADOPTION. 41 3. Affidavit of Publication of Writ of Partition. p. 39, pi. 8. 13 June 1836, P. L. 587. P. 772, pi. 17. 11 April 1835, P. L. 200. Chester county, ss. Jesse Sharp, sheriff of the county of Chester, being duly sworn says, that a copy of the within writ was published, once a week for six successive weeks previously to the last Monday in January, being the return day thereof, in " The Press," a news- paper published in the city of Philadelphia, to wit, on the seven- teenth, twenty-fourth and thirty-first days of December last, and on the seventh, fourteenth and twenty-first days of January, in- stant, and in " The Times," a newspaper published in the county of Chester, on the same days. A copy of said publication is hereto annexed. Jesse Sharp. Sworn and subscribed, January ^ 26th, a. d. 1855, before I James Davis, Prothonotary. J ADOPTION. 1. Petition for Child with Parents. P. 44, pi. 1. 4 May 1855, P. L. 431. To the Honorable the Judges of the Court of Common Pleas of Chester county. The petition of James Wills of the county of Chester, re- spectfully represents, That he is desirous of adopting Charles Gregg, a child of John Gregg, of the Township of Penn, and Sarah Gregg his wife, as one of his heirs ; and, for that purpose, he herein declares his said desire and also that he will perform all the duties of a parent to said Charles Gregg. The peti- tioner therefore prays the court, if satisfied that the welfare of said Charles Gregg will be promoted by such adoption, with the consent of the said John Gregg and Sarah Gregg, evidenced by their signing this petition, to decree that the said Charles Gregg may assume the name of the petitioner, viz. Charles 42 ADOPTION. Wills, and have all the rights of a child and heir of the peti- tioner and be subject to the duties of a child. April 1, 1860. And he will, &c. James Wills, John Gregg, Sarah Gregg. (Affidavit of truth of petition to be appended.) 2. Petition for Child without Parents. p. 44, pi. 1. 4 May 1855, P. L. 431. To the Honorable the Judges of the Court of Common Pleas of Chester county. The petition of James Wills, of said county of Chester, re- spectfully represents, that he is desirous of adopting Abel Lea, a child "without known parents (or as the case may be), as one of his heirs ; — and, for that purpose, he herein declares his said desire and also that he will perform all the duties of a parent to the said Abel Lea ; the petitioner further represents that the said child has been supported for more than one year by the Children's Home, a charitable institution in said county. The petitioner therefore prays the court, if satisfied that the welfare of the said Abel Lea will be promoted by such adoption, and with the consent of the aforesaid Children's Home, signified by an attested copy of a resolution of the board of managers of the same hereto annexed, to decree that said Abel Lea may assume the name of the petitioner, viz. of Abel Wills, and have all the rights of a child and heir of the petitioner and be subject to the duties of such child. And he will, &c. James Wills. (Affidavit of truth of petition to be appended.) 3. Decree of Court for Adoption of Child. p. 44, pi. 1. 4 May 1855, P. L. 431. And now, April 1, I860, upon the petition of James Wills and it appearing that Abel Lea the child therein mentioned, APPRENTICES. 43 has been supported by the Children's Home, a charitable institu- tion, for one year ; and the court being satisfied on due consi- deration, that the welfare of the said Abel Lea will be promoted by being adopted as his child and one of his heirs, with the consent of said Children's Home, decree that the said child shall assume the name "Abel Wills," and have all the rights of a child and heir of the said James Wills, and be subject to the duties of a child. APPRENTICES. 1. Petition to Bind. p. 47, pi. 1. 27 March 1713, 1 Sm. L. 83. To the Honorable the judges of the Orphans' Court of Ches- ter county. The petition of Robert Jones, guardian of the person and es- tate of Richard Jones, a minor child of Jacob Jones, late of the Township of Penn in said county, deceased. Respectfully represents : That the estate of said minor is very small, amounting in the whole but to two hundred dollars, that he is now about twelve years of age, and in good health (or such facts as may be), and that the petitioner believes that it will be for the interest of said minor that he should be bound apprentice to a suitable trade, to husbandry or other employment. He therefore prays the court to order and direct the petitioner to bind said minor to such employment as shall be thought fit. And he will, &c. Robert Jones. Chester county, ss. Robert Jones above named, being duly sworn says that the statements in the foregoing petition are true as he verily believes. Sworn and subscribed Janu- ary 1, A. D. 1855, before the undersigned, a Justice of the Peace. H. Fleming. Robert Jones. 44 APPRENTICES. 2. Order to Bind. p. 47, pi. 2. 27 March 1713, 1 Sm. L. 83. And now, January 2, 1855, upon the petition of Robert Jones, guardian, &c., of Richard Jones, minor child of Jacob Jones, late of the township of Penn, deceased, it appearing to the court that Andrew Reed is a person of good repute and of the same religious pursuasion professed by the said Jacob Jones at the time of his decease, and the said minor appearing in open court and expressing and signifying his mind and inclination to be bound apprentice to the said Andrew Reed, the court order and direct the binding and putting out of said Richard Jones as apprentice to the said Andrew Reed, to learn the art, trade and mystery of a carpenter. 3. Petition to Assign Apprentice. p. 49, pi. 10. 11 April 1799, 3 Sm. L. 386. To the Honorable the Judges of the Court of General Quarter Sessions of the peace of and for the county of Chester. The petition of Job Reed, executor of the last will and testa- ment of Andrew Reed, late of the township of Penn in said county, deceased, and George Martin, father of the hereafter named Philip Martin. Respectfully represents : That said Philip Martin was in the lifetime of the said decedent, bound by indenture, dated the sixth day of May, A. D. one thousand eight hundred and fifty, to serve as an apprentice to the said decedent, his executors and administrators, in the art and mystery of a carpenter, for the term of seven years from the date of said indenture and that two years of the term of said apprenticeship are yet unexpired. That the said executor, with the consent of the said George Martin, is desirous to assign over the remainder of said term of apprenticeship to Anthony Burns of said township of Penn, a suitable person of the same trade with that mentioned in said ARBITRATION. 45 indenture. They therefore pray the court to approve of such assignment. And they -will, &c. Job Reed, George Martin. Chester county, ss. Job Reed and George Martin, being duly sworn, say that the statements in the foregoing petition are true, as they verily believe ; and the said George Martin further says that he con- sents to the assignment in said petition mentioned. Sworn and subscribed, May 1, 1855, before the undersigned, a Justice of the Peace of said county. John Graves. Job Reed, George Martin. 4. Assignment of Apprentice. p. 49, pi. 10. 11 April 1799, 3 Sm. L. 380. Know all men by these presents, that I, Andrew Reed, the master of Philip Martin, the apprentice named in the within In- denture, — by and with the consent of the said Philip Martin and George Martin, father of said Philip, evidenced by their sever- ally executing these presents, — do hereby assign over the said Philip Martin to Anthony Burns of the township of Penn, being a carpenter (or as the trade or calling in the Indenture may be). Witness our hands and seals the first day of March, A. D. one thousand eight hundred and fifty-five. Sealed and delivered in the presence of Henry Fleming, George Boyd. Andrew Reed, [l. s.] Philip Martin, [l. s.] George Martin, [l. s.] Chester county, ss. Before the subscriber, a Justice of the Peace of said county of Chester, — in which county the above-named Andrew Reed lives, 46 ARBITRATION. — came the above-named Philip Martin and George Martin and, before me, gave their consent to the foregoing assignment of the within Indenture. Witness my hand and seal the first day of March, a. d. one thousand eight hundred and fifty-five. Henry Fleming, [l. s.] ARBITRATION. 1. Submission. p. 50. pi. 1. 16 June 1836, P. L. 717. r W T T <5 ^ "^^ ^^^ Court of Common Pleas of Chester f county. John Gregg. 1 Of January Term, 1855. No. 9. -' Debt on Bond, ^500. February 6, 1855. The parties to the above suit, desirous to end the same by arbitration, agree and oblige themselves to submit the same and all matters in controversy therein, to the award of Andrew Reed, Job Jackson, and Philip Martin (or adding — or any two of them agreeing) ; and also agree that this submission shall be made a rule of said court agreeably to the provisions of the first section of the Act of Assembly of the sixteenth day of June, A. D. 1836, relating to reference and arbitrators ; so that the said award be made and set down in writing under their hands and seals (or adding — or the hands and seals of any two of them), ready to be delivered to the parties in said suit, on or before the first day of February next.(a) Executed in the presence of "j George Wills, William Marshall, > John Gregg. Samuel Lewis. J (a) The parties should stipulate in the agreement for a time and place of meet- ing, or for a mode of fixing them. ARBITRATION. 47 2. Affidavit endorsed on Submission. p. 51, pi. 2. 16 June 1836, P. L. 717. Chester countj, ss. William Marshall being sworn in due form of law says, that he saw George Wills and John Gregg sign the within agreement of submission on the daj the same bears date. William Marshall. Sworn and subscribed, March 10, ^ A. D. 1855. I James Davis, Prothonotary. J 3. Arbitration Bond. p. 50, pi. 1. 16 June 1836, P. L. 717. ^ In the Court of Common Pleas of Chester f county. T "^ 1 Of January Term, 1855. No. 7. John Gregg. ) ^ . . "^ . Case m Assumpsit. George Wills V Know all men by these presents, that I, George Wills, plain- tiff in the above-stated suit, am held and firmly bound to John Gregg, defendant in the same suit, in the sum of one thousand dollars, to be paid to the said John Gregg, his executors, admin- istrators and assigns, to which payment well and truly to be made, I bind myself, my heirs, executors and administrators firmly by these presents. Sealed with my seal, dated the first day of January, in the year of our Lord one thousand eight hundred and fifty-five. Whereas, the said George Wills and John Gregg, desirous to end by arbitration the above suit, have submitted the same to the award of Andrew Reed, Job Jackson and Philip Martin (or adding — or any two of them agreeing), and have obligated them- selves to submit to the award of the said persons (or adding — or any two of them agreeing), as aforesaid, and have agreed that said submission shall be made a rule of the said court, agreeably to the provisions of the first section of the Act of Assembly of 48 ARBITRATION. the sixteentli day of June, A. D. 1836, relating to reference and arbitration : Now the condition of this obligation is such, that if the above bounden George Wills shall in all things submit to stand by and perform the award of the said Andrew Reed, Job Jackson and Philip Martin (or adding — or any two of them agreeing), of all matters in controversy in said suit, so that the said award be made and set down in writing under their hands and seals (or adding — or under the hands and seals of any two of them), ready to be delivered to the parties to said suit on or before the first day of February next, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the "] George Wills, [l. s.] presence of William Marshall, Samuel Lewis. A similar bond in which defendant shall be obligor will be necessary. 4. Affidavit of Execution of Bond. p. 51, pi. 2. 16 June 1836, P. L. 717. George Wills ^ In the Court of Common Pleas of Chester V. V county. John Gregg. J Of January Term, 1855. No. 7. Chester county, ss. William Marshall being duly sworn says, that he saw John Gregg, whose name is signed to the within bond, sign, seal and deliver the same as his act and deed on the day that the said bond bears date. Sworn and subscribed, Janu- "j William Marshall. ary 24, A. D. 1855, before > John Graves, J. P. J ARBITRATION. 49 5. Rule. p. 51, pi. 2. 16 June 1836, P. L. 717. George Wills ^ In the Court of Common Pleas of Chester V. V county. John Gregg. J Of January Term, 1855. No. 1. And now, January 24, 1855, upon producing the afiSdavit of William Marshall of the due execution and delivery of the bond (or agreement, as the case may be), in which is inserted the sub- mission of the above-stated suit to the award of Andrew Reed, Job Jackson and Philip Martin (or any two of them agreeing, as it may be), and filing the said affidavit in court, on motion of William Marshall, Esq., of counsel with the plaintiff, it is ordered that the said bond (or agreement) and submission be entered of record, and a rule is hereby made by said court that the par- ties to the said suit shall submit to and finally be concluded by the arbitration which shall be made pursuant to said submission. By the Court, James Davis, Prothonotary. 6. Award. P. 51, pi. 2. 16 June 1836, P. L. 717. In pursuance of the submission within mentioned, we, the arbitrators, having taken upon ourselves the burthen of said arbitration and, after due notice to the parties, having met on the thirtieth day of January last, and heard and duly considered the allegations and proofs of the parties submitted to us by them respectively, do (a) award that there is due from the defend- ant to the plaintiff (or as the case may be), the sum of five hun- dred dollars. Witness our hands and seals the first day of February, Anno Domini one thousand eight hundred and fifty-five. Andrew Reed, [l. s.] Job Jackson, [l. s.] Philip Martin, [l. s.] (a) If the arbitrators should find generally for the defendant, they should award "/Aa< the plaintiff has no cause of action." 4 50 ARBITRATION. 7. Submission Reserving Law. p. 51, pi. 3. 16 June 1836, P. L. 717. George Wills ^ In the Court of Common Pleas of Chester V. > county. John Gregg. J Of January Term, 1855. No. 7. February 6, 1855. It is hereby agreed by the above-named parties, to submit all matters of fact in controversy in said suit, to Andrew Reed, Job Jackson and Philip Martin (or any two of them agreeing, as it may be), reserving all matters of law arising thereupon for the decison of said court, the report of such referees setting forth the facts found by them to have the same effect as a special verdict ; and it is further agreed that this submission shall be made a rule of said court agreeably to the provisions of the third section of the Act of June 16, 1836, relating to reference and arbitration. Executed in the pre- ^ George Wills, senee of John Gregg. William Marshall, Samuel Lewis. . 8, Bond in Case Reserving Law. p. 51, pi. 3. 16 June 1836, P. L. 717. In the Court of Common Pleas of Chester George Wills \ county. John Gregg. J Of January Term, 1855. No. 7. Casein Assumpsit. Know all men by these presents, that I, George Wills, plain- tiff in the above-stated suit, am held and firmly bound to John Gregg, defendant in the same suit, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said John Gregg, his executors, administrators and assigns, to which payment well and truly to be made, I bind myself, my heirs, executors and administrators firmly by these presents. Sealed with my seal, dated the first day of January, in the year of our Lord one thousand eight hundred and fifty-five. ARBITRATION. 51 Whereas, the said George Wills and John Gregg, desirous to end bj arbitration the above suit, have submitted all matters of fact in controversy in the same, to Andrew Reed, Job Jackson and Philip Martin (or any two of them agreeing, as it may be), reserving all matters of law arising thereupon for the decision of said court, the report of said referees, setting forth the facts, found by them to have the same effects as a special verdict ; and also that said submission shall be made a rule of said court, agreeably to the provisions of the third section of the Act of June 16, 1836, relating to reference and arbitration : Now the condition of this obligation is such, that if the above bounden George Wills, shall in all things submit to, stand by and perform the award of the said Andrew Reed, Job Jackson and Philip Martin (or any two of them agreeing, as it may be), of all matters submitted to them, as aforesaid, so that said award be made and set down in writing under their hands and seals (or under the hands and seals of any two of them, as it may be), ready to be delivered to the parties to said suit on or before the first day of February next, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the^ George Wills, [l. s.] presence of | William Marshall, David Brown (Similar bond from Defendants to Plaintiff.) 9. Award of Facts. P. 51, pL 3. 16 June 1836, P. L. 717. Pursuant to the within stated submission, we, the undersigned referees named therein, after due notice to the parties, met at the house of John Smith in the borough of West Chester, on the twenty-sixth day of February, A. d. 1855, and having heard the parties, their proofs and allegations, do report and find the following facts, viz. : (set out the facts). If upon these facts 52 ARBITRATION. the court shall decide that the plaintiff is entitled to recover, then we do award that there is due from the defendant to the plaintiff, the sum of five hundred dollars ; but if the court shall decide that the plaintiff is not entitled to recover, then we do award that the plaintiff has no cause of action. Witness our hands the twentieth day of January, A. D. 1855. Andrew Reed, [l. s.] Job Jackson, [l. s.] Philip Martin, [l. s.] 10. Exceptions to Award. p. 51, pi. 4. 16 June 1836, P. L. 717. George Wills "j In the Court of Common Pleas of Chester V. > county. John Gregg. J Of January Term, 1855. No. 7. Exceptions, in the above case, to the award of Andrew Reed, Job Jackson and Philip Martin, arbitrators, by John Gregg the defendant. 1. The arbitrators misbehaved themselves in this, that they heard Mark Wallace, a witness on the part of the plaintiff, out of the presence of the defendant (or as the case may be). 2. The arbitrators committed a plain mistake in matter of fact in this, that the bond upon which suit was brought was conditioned for the payment of five hundred dollars, and that a receipt was endorsed on the same for two hundred dollars, and there was no proof or allegation that the said receipt was not genuine, or that said sum of two hundred dollars had not been paid and no credit was given for said sum (or as the case may be). 3. The arbitrators committed a plain mistake in matter of law in this, that the said bond on which said suit is brought, showed on its face to have been given for a bet on a horse-race (or as the case may be). (Such an exception is not applicable to an award under No. 8.) 4. Said award was procured by corruption, in this : that after the appointment of the arbitrators in this case, the plaintiff dis- ARBITRATION. 53 charged the said Andrew Reed from the payment of the interest on a bond, due from the said Andrew Reed to the plaintiff, with- out payment or other lawful consideration (or as the case may be). 5. Said award was procured by undue means in this, that during the time the suit was pending before arbitrators, the said Andrew Reed and Job Jackson were entertained and lodged at the house of the plaintiff, and statements were made by the plaintiff on the merits of the suit, out of the presence of the defendant (or as the case may be). John Gregg. Chester county, ss. John Gregg being duly sworn says, that the statements in the foregoing exceptions are true as he verily believes. John Gregg. Sworn and subscribed, Febru- ary 10, A. D. 1855, before James Davis, ' Prothonotary. 11. Agreement under 6th Section of Act of 1836. P. 51, pi. 6. 16 June 1836, P. L. 717. George Wills ^ In the Court of Common Pleas of Chester V. > county. John Gregg. J Of January Term, 1855. No. 7. February 6, 1855. It is agreed that a rule be entered in said court for referring the matters in controversy in said suit to Andrew Reed, Job Jackson and Philip Martin, mutually chosen by the parties (or any two of them agreeing, as it may be), agreeably to the provisions of the sixth section of the Act of June 16, a. d. 1836, relating to reference and arbitration. Referees to meet on ten days' notice, ex parte (or as may be). William Marshall, Attorney for plaintiff. Samuel Lewis, Attorney for defendant. 54 ARBITKATION. 12. Reference under Act of 1806. p. 52, pi. 9. 21 March 1806, 4 Sm. L. 326. George Wills | { John Gregg. J It is agreed between George Wills and John Gregg, desirous of settling a dispute arising (set out the dispute), that such dispute be referred to Andrew Reed, Job Jackson and Philip Martin (or as it may be), agreeably to the provisions of the Act of March 21, 1806, to regulate arbitrations, &c. Referees to meet on ten days' notice, ex farte. Witness our hands the sixth day of February, A. D. 1855. Executed in the pre- sence of William Marshall, Samuel Lewis. George Wills, John Gregg. Chester county, »s. William Marshall being duly sworn says, that he is one of the subscribing witnesses to the foregoing agreement, and that said agreement was duly executed by the parties in his presence. William Marshall. Sworn and subscribed. May 1, ^ 1855, before V James Davis, Prothonotary. J 13. Agreement for Rule under Act of 1806. p. 52, pi. 10. 21 March 1806, 4 Sm. L. .326. George Wills \ In the Court of Common Pleas of Chester V. V county. John Gregg. J Of January Term, 1855. No. 7. February 5, 1855. The above-named parties, by their re- Bpective attorneys, William Marshall and Samuel Lewis, hereby ARBITRATION. 55 consent to a rule of court for referring the above-stated cause to Andrew Reed, Job Jackson and Philip Martin (or as it may be), undertheprovisionsof theActof March21, A. D.1806, to regulate arbitrations, &c. Referees to meet on ten days' notice, ex parte. William Marshall, PlaintiflF's Attorney. Samuel Lewis, Defendant's Attorney. 14. Award under Act of 1806. p. 52, pi. 11. 21 March 1806, 4 Sm. L. 326. We, undersigned referees mutually chosen by the parties named in the foregoing agreement, met in accordance with notice to the parties, at the house of John Smith, in the borough of West Chester, on the seventeenth day of February, a. d. 1855, and being duly sworn (or, the oaths of referees being dispensed with by consent of the parties), and having heard the parties, their proofs and allegations, do award that there is due from the defendant (or plaintiff, as the case may be), to the plaintiff (or the defendant, as the case may be), the sum of five hundred and twenty dollars (or that the plaintiff has no cause of action, as the case may be). Witness our hands and seals the first day of March, a. d. 1855. Andrew Reed, [l. s.] Job Jackson, [l. s.] Philip Martin, [l. s.] (Award to be sealed up by referees, and delivered to the party in whose favor it is.) 15. Notice of Award. p. 52, pi. 11. 21 March 1806, 4 Sm. L. 326. George Wills "j In the Court of Common Pleas of Chester V. V county. John Gregg. J Of January Term, 1855. No. 7. 56 ARBITRATION. To Samuel Lewis, Esq., Defendant's Attorney, Sir, — Please to take notice that an award, of which the an- nexed is a copy, has been made by the referees chosen in said case, and entered of record in the office of the prothonotary of said court, on the twenty-second day of February instant. William Marshall, Plaintiff's Attorney. March 2, 1855. 16. Agreement in open Court. p. 53, pi. 14. 1705, 1 Sm. L. 50. George Wills "j In the Court of Common Pleas of Chester V. > County. John Gregg. J Of January Term, 1855. No. 7. February 6, 1855. And now to wit, by the parties to this case consent (or " by their attorneys, William Marshall and Samuel Lewis, consent"), to a rule of court for referring the adjustment of all matters in dispute between them to Andrew Reed, Job Jackson and Philip Martin (or any two of them agreeing, as it may be), referees mutually chosen by them in open court, under the third section of an Act passed in 1705, entitled "An Act for Defalcation." Referees to meet on ten days' notice, ex parte. 17. Compulsory Rule. p. 53, pi. 15. 16 June 1836, P. L. 719. George Wills "] In the Court of Common Pleas of Chester V. V county. John Gregg. J Of January Term, 1855. No. 7. And now, February 6, 1855, the plaintiff in this case by William Marshall, Esq., his attorney (or, in his proper person, as the case may be), enters in the prothonotary's office a rule of reference, and therein declares his determination to have ARBITEATION. 57 arbitrators chosen on the twenty-sixth day of February instant, for the trial of all matters in variance in the suit between the parties, agreeably to the provisions of Act of June 16, 1836, relating to compulsory arbitrations. George Wills, (or William Marshall, Attorney for plaintiff.) 18. Affidavit of Service of Rule. p. 53, pi. 19. 16 June 1836, P. L. 719. Chester county, ss. Henry Wallings, being duly sworn says, that he served a copy of the annexed rule on the defendant therein named on the eighth day of February, A. D. 1855, by delivering said copy to him the defendant, personally (or to William Marshall, Esq., the attorney of the defendant personally). Sworn and subscribed, Febru- ary 8, A. D. 1855, before James Davis, Prothonotary. Henry Wallings. 19. Affidavit of Service where the Party cannot he found and has no Attorney. p. 53, pi. 19. 16 June 1836, P. L. 719. Chester county, ss. Henry Wallings, being duly sworn says, that he served a copy of the annexed rule on the eighth day of February, A. D. 1855, by leaving the same at the house of John Smith, in the borough of West Chester, that being the last place of abode of the de- fendant, who could not be found and has no agent or attorney. Sworn and subscribed, Febru-"i Henry Wallings. ary 8, 1855, before James Davis, Prothonotary. 58 ARBITKATION. 20. CJioosing Arbitrators where Parties agree. p. 64, pi. 20. 16 June 1836, P. L. 719. And now, February 26, A. d. 1855, in pursuance of the rule of reference in this case, the parties attended at the prothono- tary's office, and agreed that the number of arbitrators should be three, and also agreed in the choice of Andrew Reed, Job Jackson and Philip Martin, to be said arbitrators, and that they should meet at the house of John Smith in the borough of West Chester, on the twelfth day of March next at 10 o'clock, A. M. 21. Fixing Arbitrators, ^c, zvhere Parties do not agree. p. 54, pi. 20. 16 June 1836, P. L. 719. And now, February 26,* a. d. 1855, in pursuance of the rule of reference in this case, the parties met at the prothonotary's office and agreed that the number of arbitrators should be three, but being unable to agree in the choice, Andrew Reed, Job Jackson and George Boyd were selected as arbitrators, in pursu- ance of the provisions of the thirteenth section of the Act of June 16, 1836, relating to reference and arbitration. And the parties not being able to agree upon the time and place of the meeting of said arbitrators, the prothonotary determined that the same should be at the house of John Smith in the borough of West Chester, on the twelfth day of March, A. D. 1855, at 10 o'clock, A. M. 22. Fixing Arbitrators where but one Party attends. p. 51, pi. 21. 16 June 1836, P. L. 719. And now, February 26, 1855, in pursuance of the rule of reference in this case, the plaintiff only attended at the pro- ' thonotary's office, and proof being made that the notice of the meeting to choose arbitrators was duly served on the defendant, the prothonotary fixed three as the number of arbitrators, and nominated for the defendant. Whereupon Andrew Reed, Job Jackson and Philip Martin were selected as arbitrators, and the prothonotary fixed the time and place of meeting at the house of John Smith in the borough of West Chester, on the twelfth day of March next, at 10 o'clock, A. M. ARBITRATION. 59 23. Proof of Service to he Endorsed on Copy of Record. p. 54, pi. 23. 16 June 1836, P. L. 719. Chester county, ss. Henry Wallings being duly sworn says, that he served a copy of the within record on the twenty-seventh day of February, A. D. 1855, on Andrew Reed, Job Jackson and Philip Martin, said arbitrators, by giving to each of them a copy thereof, and on the same day on the defendant by giving him a copy thereof (or, on William Marshall, Esq., attorney for defendant, the defendant not residing in said county). Sworn and subscribed, Febru- ^ Henry Wallings. ary 12, a. d. 1855, before > James Davis, Prothonotary. J 24. Adjournment where One Party attends. p. 54, pi. 24. 16 June 1836, P. L. 719. The undersigned arbitrators named in the annexed order, met at the time and place therein named, and the plaintiif only at- tending, proof was made that due notice of the time and place of meeting had been given to the defendant, and notice being given to the arbitrators that the defendant was prevented from attending by sickness (or, — by unavoidable cause), which the arbitrators judge sufficient, the hearing was adjourned to meet at the same place on the twentieth day of March instant, at 10 o'clock, A. M. Andrew Reed, Job Jackson, Philip Martin. 25. Entry of Adjournment. The arbitrators named in the annexed order, met at the time and place therein appointed, and being duly sworn, both par- ties being present, and having proceeded in the case, adjourned to meet at the same place on the twentieth day of March, at 10 o'clock, A. M. Andrew Reed, Job Jackson, Philip Martin. 60 ARBITRATION. 26. Award. p. 55, pi. 27. 16 June 1836, P. L. 721. We, the undersigned, arbitrators named in the annexed order, met at the time and place therein designated, the parties being present. Being duly sworn, we heard the evidence and al- legations of the parties, and having determined the matters in controversy submitted to us, we award that there is due from the defendant (or plaintiff, as the case may be) to the plaintiff (or defendant, as the case may be), four hundred dollars (or that the plaintiff has no cause of action.) Witness our hands the twelfth day of March, a. d. 1855. Andrew Reed, Job Jackson, Philip Martin. 27. Award ivhere Substituted Arbitrator. p. 55, pi. 25. 16 June 1836, P. L. 721. Andrew Reed and Job Jackson, two of the arbitrators named in the annexed order, met at the time and place therein ap- pointed, Philip Martin the other arbitrator not attending, and proof having been made that due notice of the time and place of meeting was given to said Philip Martin, the absent arbitra- tor, the parties who were present agreed upon (or, not being able to agree upon a suitable person to supply the place of said Philip Martin, the arbitrators appointed) Edwin Brown to fill the vacancy. The arbitrators now selected, having been duly sworn, heard the evidence and allegations of the parties, and proceeded to determine the matters in controversy, and the undersigned, a majority of said arbitrators, do award that there is due from the defendant to the plaintiff the sum of four hun- dred dollars (or as the case may be). Witness the hands of said arbitrators, March 12, A. D. 1855. Andrew Reed, Job Jackson. ARBITRATION. 61 28. Awardwhere Arbitrator is substituted, one Party being absent. pp. 54, 55, pi. 24, 25. 16 June 1836, P. L. 721. Andrew Reed and Job Jackson, two of the arbitrators named in the annexed order, met at the time and place therein appointed, Philip Martin the other arbitrator not attending and proof having been made that due notice of the time and place of meeting was given to the said Philip Martin the absent arbitrator ; the defendant not being present and no suflScient cause being assigned for his absence, proof having been made that due notice of the time and place of meeting was given to said defendant, the arbitrators appointed Edwin Brown to fill the vacancy. The arbitrators now selected having been duly sworn, heard the evidence and allegations of the plaintiff and proceeded to determine the matters in controversy, do award that there is due from the defendant to the plaintiff the sum of four hundred dollars (or as the case may be). Andrew Reed, Job Jackson, Edwin Brown. 29. Award on Death, ^c, of Arbitrator, after having been Sworn. p. 55, pi. 29. 16 June 1836, P. L. 721. And now, March 20, a. d. 1855, Andrew Reed and Job Jackson, two of the arbitrators, met pursuant to adjournment at the place above named, Philip Martin the other arbitrator, having died since the adjournment (or as the case may be), and proceeded with the cause ; and having fully heard the evi- dence and allegations of the parties, but being unable to agree upon an award, appointed Edwin Brown an umpire, and the said arbitrators with said umpire proceeded with the cause, and the said Andrew Reed and Edwin Brown do determine and so award that there is due to the plaintiff from the defendant, the sum of four hundred dollars (or as the case may be). Witness the hands of the said arbitrator and umpire, the twentieth day of March, a. d. 1855. Andrew Reed, Edwin Brown. 62 ARBITRATION. 30. Appeal and Affidavit. p. 56, pi. 36. 16 June 1836, P. L. 723. ^ „^ -s In the Court of Common Pleas of Chester George Wills ) f county. ^ (Of January Term, 1855. No. 9. John Gregg. J j. , ^ ^j*^ , ^.-^^ ■^ Debt on Bond, §oOO. And now, March 25, A. D. 1855, John Gregg the defendant appeals from the award of the arbitrators in this case. John Gregg. Chester county, ss. John Gregg, the above-named defendant, being duly sworn says, that it is not for the purpose of delay the above appeal is entered, but because he firmly believes injustice has been done. Sworn and subscribed, March 25, 1855, before James Davis, Prothonotary. John Gregg. 31. Recognisance on Appeal. p. 56, pi. 36. IG June 1836, P. L. 723. P. 57, pi. 41. 20 March 1845, P. L. 188. _ ._ ^ In the Court of Common Pleas of Chester George Wills ) f county. !!,' ( Of January Term, 1855. No. 9. John Gregg. I -p. , ^ , -^ , ctnnn ^ Debt on bond, §500. Chester county, ss. We John Gregg, the defendant above-named, and Nathan Ralston, acknowledge that we are indebted to George Wills, the plaintiff above-named, in the sum of two hundred dol- lars, with the condition that if the said John Gregg shall pay all costs which have accrued or that may be legally recovered in this case against him the said John Gregg, then this recogni- ARBITRATION. 63 Bance to be void, or else to be and remain in full force and virtue. Taken and acknowledged, "] ^^^^ Gregg, March 25, a. d. 1855, before [ Nathan Ralston. James Davis, Prothonotary. 32. Petition of Poor Party to Appeal without Paying Costs. P. 56, pi. 37. 16 June 1836, P. L. 723. ^ ^7- -V In the Court of Common Pleas of Chester George Wills ) f county. -, ^' (Of January Term, 1855. No. 9. ^^^^ ^^^^^- J Debt on Bond, $500. To the Honorable Townsend Haines, President Judge of said court. The petition of John Gregg, the above-named defendant, re- spectfully represents. That a rule of reference was taken out in the above case by the plaintiif therein, and was so proceeded in, that on the twentieth day of March, A. D. 1855, the arbitra- tors awarded that there was due from the petitioner to the plain- tiff, the sum of four hundred dollars. The petitioner further represents, that he desh-es to appeal from said award, but by reason of poverty he is unable to pay the costs of this suit ; and that it is not for the purpose of delay that he desires to enter such appeal, but because he firmly believes injustice has been done. The petitioner therefore prays your Honor to make an order that his appeal shall be good, although the costs of said case shall not be paid as aforesaid : And he will, &c. John Gregg. Chester county, ss. John Gregg, above named, being duly sworn says, that the statements in the foregoing petition are true. Sworn and subscribed, ^ John Gregg. March 20, 1855, before V John Graves, J. P. J 64 ARBITRATION. 33. Notice of Poor Party, ^e. P. 56, pi. 37. 16 June 1836, P. L. 723, George Wills ^ ^^ *^^ ^°^^^ °^ Common Pleas of Chester ( countj. John Greoo. J ^ January Term, 1855. No. 9. -^ Debt on Bond, |500. To George Wills, Plaintiff above named, Sir, — Take notice that I, the above-named defendant, have applied to the Hon. Townsend Haines, President Judge of said court, to make an order that an appeal by me in the above case shall be good, although the costs of the same shall not be paid ; and the said judge has appointed the twentj-fifth day of March instant, at 10 o'clock a. m., at his office in the borough of West Chester, for a hearing of said petition. March 20, 1855. John Gregg. Chester county, ss. Henry Wallings being sworn says, that he served the within notice on George Wills therein named, on the twentieth day of March, A. D. 1855, by reading the same to him, and giving him a true copy thereof. Sworn and subscribed, March 25, 1855, before Henry Fleming, Justice of the Peace. Henry Wallings. 34. Order of Judge alloiving Poor Party to Appeal, ^c. p. 56, pL 37. 16 June 1S36, P. L. 723. March 25, 1855. Proof of due notice to George Wills, the within-named plaintiff, having been made, and I being satisfied of the truth of the statements therein, do order that the appeal of said John Gregg shall be good as therein prayed for, although the costs in said action shall not be paid. - Townsend Haines, President Judge. ARBITRATION. 65 hi). Withdrawal of Appeal by Consent. p. 57, pi, 46. 16 June 1836, P. L. 724. r^ Tjr -v In the Court of Common Pleas of Chester I county. T ^A (Of January Term, 1855. No. 9. John Gregg. J ^ , ^ , ^^^^ -^ Debt on Bond, $500. I, George Wills, plaintiff, consent that the appeal in the above case be withdrawn. Witness my hand the fourth day of May, A. D. 1855. George Wills. And now. May 4, 1855, I, John Gregg, defendant and appel- lant, withdraw the appeal in this case. John Gregg. George Wills V. 36. Allowance of Nonsuit. p. 55, pL 32. 16 June 1836, P. L. 731. -. In the Court of Common Pleas of Chester ( county. (Of January Term, 1855. No. 9. John Gregg. I -^ , ^ ^ {^r\n ■^ Debt on Bond, $500. Chester county, ss. George Wills, the plaintiff above named, being duly sworn says, that the bond for the recovery of which said suit has been brought, has been lost or mislaid and that he has not been able to find it, although he has made diligent search therefor, that he cannot state that he expects to find said bond or prove its contents within a reasonable time, but hopes that he may be able to find the same at some time, and that the whole amount named in said bond is still due to him. Sworn and subscribed. May 4,^ George Wills. 1855, before James Davis, Prothonotary. 5 66 ARBITRATION". And now, May 4, 1855, the affidavit of George "Wills, the plaintiff, being read and filed, on motion of "William Marshall, Esq., of counsel with said George "Wills, the court allow the plaintiff to suffer a nonsuit in this case, with like effect as if the same had not been referred. 37. Notice to Railroad Company and to produce Boohs. p. 59, pi. 61. 24 February 1847, P. L. 153. In the Court of Common Pleas of Ches- ter county. James Maguire V. The Central Rail- road Company. ^ Of January Term, 1855. No. 10. Before Andrew Reed, Job Jackson and Philip Martin, arbitrators. To the Central Railroad Company, defendants above named. You are hereby notified to produce before the arbitrators on the hearing of the above cause, a book, in which is entered the estimates of work done by the plaintiff on the Central Rail- road, since the first day of March, a. d. 1850, and the accounts of payments made to him. Yours, &c., "William Marshall, Plaintiff's Attorney. April 4, 1855. Chester county, ss. Henry Wallings being duly sworn says, that he served a no- tice of which the foregoing is a true copy, on the said The Central Railroad Company, by giving said notice to George Neal, the president of said company, personally, on the fifth day of April instant. Sworn and subscribed, April 6, ^ Henry "Wallings. 1855, before > Henrv Fleming, J. P. J ARBITRATION. 67 38. Affidavit of Possession and Pertinence/ of Books in Pos- session of Railroad Company. p. 59, pi. 61. 24 February 1847, P. L. 153. James Maguire 1 I" *^« ^^urt of Common Pleas of Ches- V. ter county. The Central Rail- \ ^^ January Term, 1855. No. 10. ROAD Company Before Andrew Reed, Job Jackson and J Philip Martin, arbitrators. Chester county, ss. James Maguire being duly sworn says, that the aforesaid action is depending between himself, as a contractor and the de- fendants, a company incorporated by the laws of this Common- wealth and empowered to construct, make and manage the said Central Railroad ; and that the defendants have in their pos- session or power a book in which are entered the estimates of work done by the plaintiff for the defendants on the Central Railroad since the first day of March, a. d. 1850, and the ac- counts of payments made to him the plaintiff, by the defend- ants, and that the said book contains evidence pertinent to the issue in the above-stated case. Sworn and subscribed. May 1, "j James Maguire. 1855, before \ Henry Fleming, J. P. J 39. Order of Arbitrators to produce Books. p. 59, pi. 61. 24 February 1847, P. L. 153. ,, ^ In the Court of Common Pleas of Ches- James Maguire ter county. m r. ^' T. ^ Of January Term, 1855. No. 10. The Central Rail- _,. .*', ojti,ti ;i ^ Before Andrew Reed, Job Jackson ana ROAD Company. ^, ... ,, . ... . J Philip Martin, arbitrators. The defendants above-named are hereby required to produce on the further hearing of the above cause, on the eleventh day 68 ARBITRATION. of May, instant, at 10 o'clock, A. M., at the house of John Smith, in the borough of West Chester, a book in which are en- tered the estimates of work done by the plaintiff for the defend- ants on the Central Railroad since the first day of March, A. D. 1850, and the payments made to him by the defendants, or sat- isfy the arbitrators why the same is not in the power of the de- fendants so to do. Witness the hands of said arbitrators this first day of May, a. d. 1855. Andrew Reed, ^ Job Jackson, > Arbitrators. Philip Martin, j Chester county, ss. Henry Wallings being duly sworn says, that he served the order of which the foregoing is a true copy, on the said defendants, by giving said order to George Neal, the president of said Central Railroad Company, personally, on the first day of May in- stant. Sworn and subscribed. May 1, '\ Henry Wallings. 1855, before > Henry Fleming, J. P. J 40. Aivard on Non-jjroduction of Books, p. 59, pi. 61. 24 February 1847, P. L. 153. We, the arbitrators named in the annexed order, having met pursuant to adjournment at the house of John Smith, in the borough of West Chester, on the eleventh day of May, a. d. 1855, and due proof having been made of the service of the order of the arbitrators, requiring the defendants (or plaintiff as the case may be), to produce the book in said order mentioned, and the defendants having failed to produce said book this day or to satisfy the arbitrators why the same is not in their power so to do ; and the plaintiff having made oath that the sum of five hundred dollars is justly due to him from the defendants, accord- ing to the best of his knowledge and belief, the arbitrators do award, in favor of the plaintiff against the defendant, the sum BANKS. , 69 of five hundred dollars (or that the plaintiff has no cause of action, as the case may be). Witness our hands the eleventh daj of May, A. d. 1855. Andrew Reed, "j Job Jackson, V Arbitrators. Philip Martin, J 41. Award in Account. p. 25, pi. 1. 20 March 1821, 7 Sm. L. 186. We, the arbitrators named in the annexed order, having met at the time and place therein named, the parties being present, and having been duly sworn, heard the evidence and allega- tions of the parties ; and determining on the whole merits of the cause, we report that there is a balance of four hundred dollars due from the defendant to the plaintiff; and we hereto annex (a) a just account between the plaintiff and defendant, which re- sults in the above-mentioned balance of four hundred dollars. Witness our hands the twelfth day of March, a. d. 1855. Andrew Reed, Job Jackson, Philip Martin. BANKS. 1. Certificate. P. 75, pi. 2, 3. 1 May 1861, P. L. 503. The undersigned do hereby certify, that they have formed an association for the purpose of establishing a bank of discount, deposit and circulation, under the authority of the Act of Assem- bly entitled " A Supplement to an Act to establish a system of (a) An account must be annexed. Wright v. Guy, 10 S. & R. 227 ; Mont- gomery v. Durge, 13 S. & R. 112 ; Clement v. Rohraback, 3 II. 116. 70 BANKS. Free Banking in Pennsylvania and to secure the public against loss from Insolvent Banks, approved the thirty -first day of March Anno Domini one thousand eight hundred and sixty ;" said association and bank to be subject to the terms, conditions, contingencies, restrictions and liabilities prescribed in said act, and in pursuance thereof specify as follows, viz. : — 1. The name of said association is," The Penn Bank:" and the name and residence of each member thereof is as follows, viz. : — Names of Members, Residence. James Wills, Pennsville, Chester county, Pa. John Gregg, " " " George Boyd, Abram Reed, Abel Lea, Job Robb, Israel Mann, Seth Jones, Isaac Fitch, « « « Joseph Hart, ' " " " 2. The place of business where said contemplated bank is to be located, is the borough of Pennsville, in the county of Chester. 3. The amount of capital stock of said association is fifty thousand dollars, the number of shares into which the same is divided is one thousand ; and it is contemplated to increase the capital stock to the amount of three hundred thousand dol- lars, to be divided into six thousand shares. 4. The names and places of residence of the shareholders, and the number of shares held by each of said shareholders, are as follows : Names of Shareholders. Residence. No. of Shares. James Wills, Pennsville, Chester Co., Pa., one hundred. John Gregg, " " " one hundred. George Boyd, " " " one hundred. Abram Beed, " " " one hundred. Abel Lea, « « " one hundred. BANKS. 71 Names of Shareholders. Residence. No. of Shares. Job Robb, Pennsville, Chester Co., Pa., one hundred. Israel Mann, " " " one hundred. Seth Jones, " " " one hundred. Isaac Fitch, " " " one hundred. Joseph Hart, one hundred. Witness our hands and seals the third day of September, Anno Domini one thousand eight hundred and sixtj. James Wills, John Gregg, George Boyd, Abram Reed, Abel Lea, [L. S.] [L. S.] [L. S.] [L. S.] [L. S.] Job Robb, [l. s.] Israel Mann, [l. s.] Seth Jones, [l. s.] Isaac Fitch, [l. s.] Joseph Hart, [l. s.] Chester County, ss. Before me, a Justice of the Peace of said county, personally appeared the above-named James Wills, John Gregg, George Boyd, &c., &c., (inserting names of corporators), and acknow- ledged the foregoing certificate to be their act and deed in due form of law. Witness my hand and seal the third day of Sep- tember, a. d. one thousand eight hundred and sixty. (a) John Graves, [l. s.] Justice of the Peace. Attorney-General's Office, Harrisburg, 19 March, 1861. I do hereby certify, that I have carefully examined the above certificate, and that the same is properly drawp and signed, that the notice of the same has been duly and correctly adver- tised according to law, and that the certificate and published notice are in conformity with the constitution and the laws of this Commonwealth. Samuel A. Puryiance, Attorney-General. (a) This form is a copy of one under which a bank has been incorporated, having been approved by Judge Knox, as well as Mr. Purviance, whilst they respectively held the office of Attorney-General. The published notice was signed by all the members of the association ; — that may have been unnecessary. 72 BANKS. 2. Notice of Ap2^li<^(>'tion for Charter, p. 78, pi. 2, 1 May 1861, P. L. 503. Notice is hereby given, that the undersigned have formed an association and prepared and executed a certificate for the pur- pose of establishing a bank of issue, discount and deposit, un- der the provisions of the Act entitled, " An Act to establish a system of Free Banking in Pennsylvania and to secure the pub- lic against loss from insolvent Banks," approved the 31st day of March, a. D. 1860, said bank to be called "The Penn Bank," and to be located in the borough of Pennsville, in the county of Chester : — to consist of a capital stock of fifty thou- sand dollars, in shares of fifty dollars each, with the privilege of increasing the same to any amount not exceeding in all three hundred thousand dollars. 3. Proof of Publication of Notice of Application. p. 78, pi. 2. 1 May 1861, P. L. 503. [Attach notice as published.] Chester county, ss. George Boyd being duly sworn says, that he is foreman of " The Star," a weekly newspaper published in the county of Chester ; that the above notice has been published in said newspaper once a week for six months ; the first publication having been made on the fifth day of September, A. D, 1860, and the last publication on the sixth day of March, A. d. 1861, and that there is no newspaper in the German language published in said county of Chester, to the best of the deponent's knowledge and belief. Sworn and subscribed, "^ George Boyd. March 7, 1861, before V Jno. Graves, J. P. J BONDS. 73 BONDS. 1. Declaration in Debt assigning Breaches on a Bond to secure the Performance of an Agreement. P. 112, pi. 9. 14 June 1836, P. L. 6.38. George Wills "] In the Court of Common Pleas of Chester V. > county. John Gregg, j Of April Term, 1853. No. 5. Chester county, ss. John Gregg was summoned to answer George "Wills of a plea that he render unto him the sum of two thousand dollars lawful money of the United States, which he owes to and unjustly detains from him, &c. Whereupon the plaintiff, by William Marshall, his attorney, complains, That whereas the defendant heretofore, to wit, on the twenty-ninth day of October, in the year of our Lord one thousand eight hundred and fifty-two, at the county aforesaid, by his certain writing obligatory, with his seal sealed, and to the court here shown, the date whereof is the day and year last aforesaid, acknowledged himself to be held and firmly bound to the plaintiff in the sum of two thou- sand dollars above demanded to be paid to the plaintiff. And the plaintiff, according to the Act of Assembly in such case made and provided, says, that the said writing obligatory was made with a condition thereto subscribed, that if the defendant did well and truly observe and keep all and singular the cove- nants and agreements whatsoever, which on the part of him the defendant, were or ought to be observed or kept in a cer- tain agreement bearing even date with the said writing obliga- tory and made between the plaintiff of the one part and the defendant of the other part, according to the true intent and meaning of the said agreement, then the said obligation to be void ; and the plaintiff further says that by the said agreement in the condition of the said writing obligatory mentioned, — which he now brings here into court, — the defendant covenanted and agreed that he would saw and deliver unto the plaintiff at the 74 BONDS. mill of the defendant, ten hundred thousand feet of h in the folloAving manner, that is to say, two hundred thouoaiiU feet on the first day of December then next ensuing the date of said agreement; four hundred thousand feet on the first day of December, in the year of our Lord one thousand eight hundred and fifty-four and four hundred thousand feet on the first day of December, in the year of our Lord one thousand eight hundred and fifty-five, he, the said plaintiff, paying for the said boards at the time of their delivery, at and after the rate of twenty dollars for every one thousand feet thereof; and al- though the plaintifi" has well and truly fulfilled and performed all and singular the covenants in said agreement mentioned on his part and behalf to be done and performed and did on the first day of December, in the year of our Lord one thousand eight hundred and fifty-three and after the making of the said agreement, offer to receive from the defendant at his said mill, two hundred thousand feet of boards and then and there to pay for the same at and after the rate of twenty dollars for every one thousand feet thereof, yet the defendant did then and there wholly neglect and refuse and still does neglect and re- fuse to saw and deliver to the plaintiff the said two hundred thousand feet of boards, according to the true intent and meaning of the said agreement. By reason of which said breach the said writing obligatory became forfeited and thereby an action has accrued to the plaintiff to demand and have of and from the defendant the said sum of two thousand dollars above demanded, yet the defendant although often requested so to do, has not as yet paid the said sum of two thousand dollars above demanded or any part thereof to the plaintiff, but has hitherto wholly neglected and refused and still neglects and refuses to pay the same, to the damage of the plaintiff eight hundred dollars ; and therefore he bi-ings his suit. William Marshall, For Plaintiff. BONDS, 75 2. Verdict for Breaches in an Action on a Bond to secure Performance of an Agreement. p. 112, pi. 9. 14 June 1836, P. L. 638. And now, January 1, 1854, a jury being called, elected by ballot, sworn and affirmed, viz. : Seth Jones, &c., who (January 3) do say that they find for the plaintiff the sum of two thousand dollars debt ; — and assess to the said plaintiff for the breaches of said covenant (or agreement) assigned in his decla- ration (or replication) in this case, damages at the sum of six hundred dollars, with six cents costs. 3. Suggestion of further Breaches and Precipe for Scire Facias. p. 113, pi. 10. 14 June 1836, P. L. 638. ^ „, ^ In the Court of Common Pleas of Chester George Wills j f county. J ' ((See JudgmentNo.5,to January Term, 1854.) John Ltregg. i_^ T^^•T-k ^-i ^ Judgment Docket r, page 41. And now, January 30, A. d. 1855, the above-named George Wills, by William Marshall, his attorney, according to the form of the Act of Assembly in such case made and provided, gives the same court here to understand and be informed, that the writ in the action in which the above-stated judgment was re- covered against the said John Gregg, was issued on the first day of March, in the year of our Lord one thousand eight hundred and fifty-three and that said action was brought upon and for certain breaches by the said John Gregg, of the condition of the bond mentioned in the declaration in the said action, before the issuing of the said writ. And the said George Wills, for other and further breaches of the said condition of the said bond, ac- cording to the form of the Act of Assembly in such case made and provided, gives the court here to understand and be informed, that after the recovery of said judgment, to wit, on the first day of December, in the year of our Lord one thousand eight hun- dred and fifty-four, at the county aforesaid, the said John Gregg, 76 BONDS. according to the true intent and meaning of tlie agreement in the declavation in tlie said above action mentioned, was bound to de- liver to the said George Wills, on the first day of December, in the year of our Lord one thousand eight hundred and fifty-five, the further quantity of four hundred thousand feet of boards as in said agreement mentioned and to receive from the said George Wills payment for the same at and after the rate of twenty dollars for every thousand feet thereof, which payment he the said George Wills was then and there willing and offered to make to the said John Gregg on deliv.ery of said boards as aforesaid, but the said John Grecrf; has neglected and refused to deliver to the said George Wills, the further quantity of four hundred thousand feet of boards and still neglects and refuses, contrary to the form and effect of the said condition of the said bond, which said breach of the said condition the said George Wills avers and gives the same court here to understand and be in- formed is a further breach of the said condition than the breach for and by reason of which he obtained the above-stated judg- ment ; and he further avers and gives the court here to under- stand and be informed, that by reason of the said last-mentioned breach he has sustained damage to the amount of eight hundred dollars and therefore prays a writ of Scire Facias upon the above-stated judgment may be issued, directed to the sheriff of Chester county, setting forth the said further breach of said bond and commanding the said sheriff to summon the said John Gregg, to show cause why execution should not be had and awarded upon the above-stated judgment, for the damages which he the said George Wills has sustained, by reason of the said further breach of the condition of said bond. William Marshall, Plaintiff's Attorney. Issue Scire Facias upon the above-stated judgment, setting forth above breach, &c., returnable to April Term next. Yours, &c., William Marshall, To James Davis, Esq., Plaintiff's Attorney. Prothonotary. January 3, 1855. BONDS. 77 4. Scire Facias for subsequent Breaches after Judgment. p. 113, pi. 10. 14 June 1836, P. L. 638, Chester county, ss. The Commonwealth of Pennsylvania to the Sheriflf of the county of Chester ; Greeting. Whereas, George Wills heretofore, to wit, on the first day of January, in the year of our Lord one thousand eight hundred and fifty-four, in our county court of Common Pleas before our Judges at West Chester, recovered judgment against John Gregg, late of your county, for a certain debt or sum of two thousand dollars, lawful money of the United States, whereof the said John Gregg is convict, as appears of record, which said judg- ment so recovered against the said John Gregg as aforesaid, was had and obtained in an action brought in our said court upon a certain writing obligatory, bearing date the twenty- ninth day of October, Anno Domini one thousand eight hundred and fifty-two and sealed with the seal of the said John Gregg, whereby the said John Gregg became held and firmly bound unto the said George Wills in the sum of two thousand dollars to be paid to the said George Wills when he, the said John Gregg, should be thereunto afterwards requested, with and under a certain condition to the said writing obligatory subscribed, whereby it was declared that if the above bounden John Gregg should and did well and truly observe and keep all and singular the covenants which on the part of the said John Gregg were or ought to be observed and kept in a certain agreement, bear- ing even date with the said writing obligatory, made between the said George Wills and the said John Gregg, according to the true intent and meaning of said agreement, without any fraud or further delay, then the said obligation was to be void or else to be and remain in full force and virtue ; by which said agreement in said condition mentioned, the said John Gregg covenanted and agreed that he would saw and deliver unto the said George Wills, at the mill of the said John Gregg, ten hun- dred thousand feet of boards in the following manner, that is to say, two hundred thousand feet on the first day of December, 78 BONDS. next ensuing the date thereof, four hundred thousand feet on the first day of December, one thousand eight hundred and fifty-four, and four hundred thousand feet on the first day of December, one thousand eight hundred and fifty-five ; and whereas the said George Wills heretofore assigned in his de- claration filed in the said action, a certain breach in the condi- tion of the aforesaid writing obligatory, according to the form of the Act of Assembly in such case made and provided, to wit, that after the making of the said writing, on the first day of December, Anno Domini one thousand eight hundred and fifty- three, the said John Gregg neglected and refused to deliver to the said George Wills, two hundred thousand feet of boards, contrary to the form and efiect of the said agreement in the said condition of the said writing obligatory mentioned ; — and damages were thereupon assessed for and by reason of the breach so assigned ; — and whereas now in our same court we are given to understand by the said George Wills, as a breach of said agreement in the said condition of the said writing obligatory mentioned, other than the said breach so assigned as aforesaid, that after the recovery of the said judgment, to wit, on the first day of December, Anno Domini one thou- sand eight hundred and fifty-four, the said John Gregg ne- glected and refused to deliver to the said George Wills the further quantity of four hundred thousand feet of boards, con- trary to the form and efi'ect of the said agreement in the said condition of the said writing obligatory mentioned and still does neglect and refuse. By reason of which last-mentioned breach, the said George Wills has given us to understand, that he has sustained damage to the amount of eight hundred dollars and has besought us to provide for him a proper remedy : — and we being willing that what is just in this behalf should be done, do according to the form of the Act of Assembly in such case made and provided, command you that you make known to the said John Gregg, that he be before our Judges at West Chester, at our county court of Common Pleas there to be held on the last Monday of January next, to show cause, if any he has or knows, to say why execution should not be had and awarded against him upon the said judgment so obtained as aforesaid for the da- BONDS. 79 mages to be assessed by reason of the said last-mentioned breach of the said condition of the said writing obligatory, if it shall seem expedient for the said John Gregg so to do : — and further to do and receive what our said court may then and there con. sider of him in this behalf ; and have you then and there this writ. Witness the Honorable Townsend Haines, Esq., at West Chester, the twentieth day of November, Anno Domini one thousand eight hundred and fifty-four. James Davis, Prothonotary. In the Court of ^ Common Pleas of Chester county. 5. Precipe in Debt on Sheriff's Bond. p. 113, pi. 15. 14 June 1836, P. L. 638. The Commonwealth of Pennsylvania^ at the suggestion of George Wills as Plaintiff, V. Charles Wallace, Sheriff of the county of Chester. Issue summons in debt on official bond of Sheriff, $20,000, re^ turnable to April Term next. Yours, &c., William Marshall, To James Davis, Esq., Plaintiff's Attorney. Prothonotary. March 15, 1855. 6. Declaration on Sheriff's Bond. p. 113, pL 16. 14 June 1836, P. L. 638. In the Court of Common Pleas of Chester county. Of April Term, mdccclv. No. 7 Chester county, ss. Charles Wallace, late Sheriff of said county, was summoned to 80 BONDS. answer the Commonwealth of Pennsylvania, at the suggestion of George Wills as plaintiff, of a plea that he render unto the Com- monwealth, the sum of twenty thousand dollars which he owes to and unjustly detains from said Commonwealth. "Whereupon the Commonwealth, by William Marshall her attorney in this behalf says, that whereas the defendant by his certain writing obligatory with his seal sealed and to the court here shown, the date whereof is the second day of Novem- ber, in the year of our Lord one thousand eight hundred and , fifty-two, according to the Act of Assembly in such case made and provided, did on the day and year aforesaid, at the county aforesaid, acknowledge himself to be held and firmly bound unto the Commonwealth of Pennsylvania in the sum of twenty thou- sand dollars, to be paid to the Commonwealth, for the uses, in- tents and purposes declared and appointed by law, with condi- tion to the said writing obligatory subscribed, that if the defend- ant, as Sheriff of said county of Chester, should and did without delay, according to law, well and truly serve and execute all writs and process of the Commonwealth to him directed and should and would from time to time, upon request to him for that purpose made, well and truly pay or cause to be paid to the several suitors and parties interested in the execution of such writs and process, their lawful attorney, agents or assigns, all and every sum and sums of money to them respectively be- longing which should come to his hands and should and would from time to time and at all times, during his continuance in office as Sheriff aforesaid, well and faithfully execute and per- form all and every the trusts and duties to the said office apper- taining, then the said writing obligatory to be void, or else to be and remain in full force and virtue. And whereas the said George Wills, afterwards, to wit, on the first day of January, in the year of our Lord one thousand eight hundred and fifty-four, at the county aforesaid, by the consideration and judgment of the Court of Common Pleas of Chester county, aforesaid, recovered against a certain John Gregg, on the verdict of a jury in a certain action of debt, No. 5, to April Term, a. d. 1853, before that time instituted and pending in the said court at the suit of the said George Wills BONDS. 81 against the said John Gregg, the sum of six hundred dollars, which, by the said court was then and there adjudged to the said George Wills, by reason of the non-performance by the said John Gregg of the condition of a certain writing obligatory then lately made by the said John Gregg, as well as the sum of seventy-two shillings for his costs and charges sustained by him, &c., whereof the said John Gregg was convict, as by the record and proceedings thereof in the said action remaining in the said court more fully appear ; which said judgment so re- covered by the said George Wills against the said John Gregg was then and there a lien upon all the real estate of the said John Gregg in the said county of Chester. And whereas, also, afterwards to wit, on the first day of March, in the year of our Lord one thousand eight hundred and fifty -four, a certain writ of Venditioni Exponas was issued out of the said Court of Common Pleas of Chester County, to the said Charles Wallace, Sheriff as aforesaid directed, commanding him that a certain messuage, plantation, and tract of land, situate in the township of Penn, in said county, bounded by lands of Job Jackson and others, containing about one hundred acres more or less, with the appertenances (which before that time the said Charles Wallace, Sheriff as aforesaid, by virtue of a certain writ of Fieri Facias, had seized and taken in execution as the estate of the said John Gregg, and which remained in his hands for want of buyers), he should without delay expose to sale, so that he should have before the judges at West Chester, at the said Court of Common Pleas there to be held on the last Monday in April then next, as well the said debt of six hundred dollars which the said George Wills had recovered against the said John Gregg, as aforesaid, as also the said seventy-two shillings which to him the said George Wills, were adjudged for his costs and charges, &c., to which said writ of Venditioni Exjoonas the said Charles Wallace on the said last Monday in April did certify and return, that by virtue of said writ he had on the fifth day of April then instant, exposed the premises above mentioned to sale by public, vendue, and sold the same to John Coates for the sum of ten thousand dollars ; and that he had the said moneys ready before the said Judges, as by the said writ he was commanded. 6 82 BONDS. And the said Georse Wills avers that the said sum of ten thousand dollars for which the aforesaid premises were sold as aforesaid, afterwards to wit, on the day and year aforesaid, at the county aforesaid, came into the hands of the said Charles Wallace, Sheriif aforesaid. And the said George Wills further avers, that at the time of the issuing of the said writ of Venditioni Exponas before men- tioned and of the sale of the said real estate of the said John Gregg, by virtue of the said writ, as well the said judgment of six hundred dollars with interest thereon, as the said sum of seventy-two shillings which were adjudged to him for his costs and charges, &c., was, and continued to be a lien upon the real estate of the said John Gregg, so sold by the said Charles Wal- lace, Sheriff as aforesaid, to wit, at the county aforesaid ; and that the said sum of ten thousand dollars which, by virtue of the aforesaid sale of the land of the said John Gregg, came into the hands of the said Charles Wallace, as Sheriff aforesaid, was more than enough to pay and discharge the said judgment of six hundred dollars which the said George Wills had so, as aforesaid, recovered against the said John Gregg, and interest and cost and charges aforesaid. By reason whereof the said Charles Wallace, Sheriff as aforesaid, became and was liable to pay to the said George Wills, the said sum of six hundred dol- lars with interest thereon, from the first day of January one thousand eight hundred and fifty-four, as well as the sum of seventy-two shillings for his costs and charges aforesaid. And the said George Wills further avers, that the said Charles Wallace, Sheriff aforesaid, although often requested so to do, has not paid to him the said sum of six hundred dollars, with interest as aforesaid, nor the aforesaid sum of seventy-two shillings, nor any part thereof, but has wholly neglected and refused to pay the same, by which breach the said writing obli- gatory became forfeited, and thereby action has accrued to the Commonwealth to demand and have from the said Charles Wal- lace, Sheriff aforesaid, the said sum of twenty thousand dollars, above demanded. Yet the said Charles Wallace, Sheriff afore- said, although often requested so to do, hath not as yet paid the said sum of twenty thousand dollars above demanded, BONDS. 83 or any part thereof to the said Commonwealtli, but to pay the same has hitherto wholly refused and still does refuse, to the damage of the Commonwealth five thousand dollars, and there- fore the Commonwealth brings suit, &c. William Marshall, For Plaintiff. 7. Suggestion of Additional Plaintiff before Judgment. p. 1]3, pi. 17. 14 June 18.36, P. L. 6.38. The Commonwealth of Pennsylvania, ~| In the Court of with the suggestion of George Wills Common Pleas of as Plaintiff, . Chester County. V. I Of April Term, A. Charles Wallace, Sheriff of Chester i d. 1855. No. 7. County. j Debt, $20,000. And now, July 3, a. d. 1855, Henry Rose, by leave of the Court suggests that a cause of action has accrued to him on the obligation on which the writ in the above-stated action issued. Samuel Lewis, Attorney for Henry Rose. July 3, A. D. 1855. Suggestion of said Henry Rose filed and, on motion of Samuel Lewis, of counsel with said Henry Rose, the Court order that the said Henry Rose be made a party plaintiff in said writ. 8. Verdict. p. 113, pi. 22. 14 June 1836, P. L. 638. And now, to wit, November 15, 1855, a jury being called, elected by ballot, sworn and affirmed, to wit, Seth Jones, &c., do say that they find for the Commonwealth the sum of twenty thousand dollars debt, and for George Wills, the above-named 84 BONDS, plaintiff, in the sum of seven hundred dollars witli six cents costs. 9. Suggestion of Another Party on a Judgment on Sheriff's Bond for further Breaches. p. 114, pi. 25. 14 June 1836, P. L. 640 The Commonwealth of Pennsylvania, ' with the sufforestion of George Wills, V. In the Common Pleas of Chester county. Charles Wallace, Sheriff of Chester .^ _ ^^ ' ._* ' D. 18o5. No. 47. county. Judgment for Commonwealth, November 15, 1855, for $20,000. And now, to wit, January 11, A. D. 1856, Enoch Brown, by Henry Green his attorney, according to the Act of Assembly in such case made and provided, gives the Court here to under- stand and be informed, that after the rendition of judgment as aforesaid for the Commonwealth against the said Charles Wal- lace, that he, the said Enoch Brown, on the seventh day of De- cember, A. D. one thousand eight hundred and fifty-five, by the consideration and judgment of this Court, recovered against a certain Andrew Reed, on the confession of him the said Andrew Reed, the sum of five hundred dollars, which by the said Court was then and there adjudged to him, the said Enoch Brown, by reason of the non-performance by the said Andrew Reed of the condition of a certain writing obligatory, then lately made by the said Andrew Reed and sealed with his seal, as well as of the sum of seventy-two shillings for the costs and charges, &c., by him the said Enoch Brown in that behalf sustained, whereof the said Andrew Reed was convict as by the record and pro- ceedings thereof remaining in the said Court more fully appears, which said judgment so recovered by the said Enoch Brown, was then and there a lien upon all the real estate of the said Andrew Reed in the said county of Chester. And the said Enoch Brown gives the Court here further to BONDS. 85 understand and be informed, that afterwards, to wit, on the tenth day of the same month of December, a certain writ of Venditioni Exponas was issued out of the said Court, to the said Charles Wallace, Sheriff as aforesaid directed, commanding him that a certain messuage and lot or piece of land situate in the town- ship of Elk in said county, bounded by land of Philip Martin and others, and containing one acre, more or less, with the ap- pertenances (which before that time, the said Charles Wallace, Sheriff as aforesaid, by virtue of a certain writ of Fieri Facias, had seized and taken in execution as the estate of the said Andrew Reed and which remained in his hands unsold for want of buyers,) he should, without delay, expose to sale, so that he should have before the Judges at West Chester, at the said Court of Common Pleas there to be held on the last Monday in January then next, as well the said debt of five hundred dollars, which the said Enoch Brown had recovered against the said Andrew Reed as aforesaid, as also the said seventy-two shillings which to him, the said Enoch Brown, were adjudged for his costs and charges, &c., to which said writ of Venditioni Fxponas the said Charles Wallace on the said last Monday in January, did certify and return, that by virtue of the said writ he had, on the twentieth day of January then instant, exposed the premises above mentioned to sale by public vendue, and sold the same to Philip Martin for the sum of one thousand dollars, and that the said moneys he had ready before the said Judges as by the said writ he was commanded. And the said Enoch Brown gives the Court here further to understand and be informed, that the said sum of one thousand dollars for which the aforesaid premises were sold as aforesaid, afterwards, to wit, on the day and year aforesaid, at the county aforesaid, came into the hands of the said Charles Wallace, Sheriff as aforesaid. And the said Enoch Brown gives the Court here further to understand and be informed, that, at the time of the issuing of the said writ of Venditioni Exponas above mentioned and of the Bale of the said real estate of the said Andrew Reed by virtue of said writ, as well the said judgment of five hundred dollars with interest thereon, as the said sum of seventy-two shillings 86 BONDS. which -were adjudged to him for his costs and charges, &c., was and continued to be a lien upon the real estate of the said Andrew Reed, sold by the said Charles Wallace as SheriflF aforesaid, to wit, at the county aforesaid, and that the said sum of one thousand dollars, which, by virtue of the aforesaid sale of the lands of the said Andrew Reed came into the hands of the said Charles Wallace as Sheriff aforesaid, was more than enough to pay and discharge the said judgment of five hundred dollars, which the said Enoch Brown had so as aforesaid recovered ao-ainst the said Andrew Reed, and interest and costs and charges aforesaid ; — and that by reason thereof the said Charles Wallace, Sheriff as aforesaid, became and was liable to pay to him, the said Enoch Brown, the said sum of five hundred dollars with interest from the said seventh day of December, Anno Domini one thousand eight hundred and fifty-five, as well as the said sum of seventy-two shillings for his costs and charges aforesaid. And the said Enoch Brown gives the Court here further to understand and be informed, that the said Charles Wallace, Sheriff as aforesaid, although often requested so to do, has not paid to him the said sum of five hundred dollars with interest and costs and charges aforesaid nor any part thereof, but has wholly neglected and refused to pay the same, and that he has sustained damages thereby to the amount of seven hundred dollars. And thereupon the said Enoch Brown gives the Court here to understand and be informed, that by reason of the premises he is interested in said judgment for the Commonwealth against the said Charles Wallace, having sustained damages, and there- fore prays that a writ of Scire Facias may be issued out of said court, directed to the Coroner of Chester county, setting forth the aforesaid breach of the condition of the said bond men- tioned in the declaration filed in the above-stated action of debt, commanding the said Coroner to summon the said Charles Wallace, to show cause why execution should not be had and awarded upon the above-stated judgment, for the damages which he, the said Enoch Brown, has sustained by reason of the above-stated breach of said bond as aforesaid. Henry Green, Attorney for Enoch Brown. BOROUGHS. 87 Issue Scire Facias upon the above-stated judgment, setting forth the above breach. George Newlin, Attorney for Enoch Brown. To James Davis, Esq., March 11, 1856. Prothonotarj. BOROUGHS. 1. Petition to Incorporate a Borough. p. 116, pi. 2, 3. 1 April 1834, P. L. 163. To the Honorable the Court of Quarter Sessions of the Peace for the County of Chester. The petition of the undersigned inhabitants of the town of Marshalton in the said County of Chester, respectfully repre- sents : That the said town contains a collection of houses, collo- cated after a regular plan in regard to streets and lanes, (a) and that the petitioners reside within the limits thereof, as hereafter set forth and described, and that the same contains not more than one hundred freeholders (or as the case may be), that they are desirous that said town should be incorporated by the style and title of the Borough of Marshalton, according to the following boundaries, viz., beginning, &c. (setting out the boundaries), a plot or draft whereof accompanies this petition. The petitioners further represent that they are a majority of the freeholders residing within said limits. They therefore pray the Court to cause this, their application, to be laid before the Grand Jury of said county, and if a majority of the said Grand Jury after a full investigation shall certify to the Court that the provisions of the Act of Assembly in such case made and pro- vided, have been complied with, and that it is expedient to grant the prayer of the petitioners, that the Court will confirm said judgment, and that upon compliance with the several condi- (a) Borourjh of West Philadelphia, 5 W. & S. 281. C» BOROUGHS. tions required in said Act of Assembly, the said town of Marshalton may thenceforth be deemed an incorporated borough, by the style and title aforesaid, entitled to all the rights, immuni- ties and privileges provided in said act, and they will, &c. Enoch Rex, &c. Order of Court. PI. 3. January 26, 1857. Upon the hearing of the foregoing peti- tion the Court order the same to be laid before the Grand Jury. 2. Report of the Grand Jury. p. 116, pi. .3. 1 April 1834, P. L. 163. To the Honorable the Court of Quarter Sessions of the Peace of the County of Chester, at January Sessions, A. D. 1857. The Grand Jury of said County respectfully certify, that, after a full investigation of the case presented by the annexed peti- tion to incorporate the town of Marshalton, a majority of said jury do find that the conditions prescribed by the Act of Assem- bly relating thereto have been complied with, and believe that it is expedient to grant the prayer of the petitioners. By direction of a majority of the Grand Jury. Elijah Wolf, Foreman. January 30, 1857, Same day. The Court direct the within certificate to be en- tered of record. 3. Order of Court IncoriJorating. p. 116, pi. 6, 9. p. 119, pi. 46. p. 122, pi. 95. 3 April 1851, 325, 327. In the matter of the application to incorporate the town of Marshalton into a borough. And now, April 26, A. d. 1857, the Court confirm the judg- ment of the Grand Jury, and decree that the said town of Mar- BOROUGHS, 89 shalton be incorporated into a borough, in conformity with the prayer of the petitioners ; that the corporate style and title thereof shall be, " The Borough of Marshalton," that the boun- daries thereof shall be as follows, viz., beginning, &c. (set out boundaries), and that the annual borough election shall be held at the public school house in said borough, on the third Friday in March, in accordance with and subject to all the provisions of the laws regulating township elections, and declare said borough a separate election and school district : — the Court further decree and fix the first election in said borough for election of the offi- cers provided for by law, at the public school house in said borough, on the 17th day of May, a. d. 1857, between the hours of 8 o'clock, A. M. and 7 o'clock, P, m, of said day, and de- signate John Jones to give due notice of said election and the manner thereof, and the Court further decree that Robert Black be the judge, and James Lee and Charles Smith be the inspec- tors of said election. 4. Petition to change the Limits of a Borough. p. 116, pi. 3. 1 April 1834, P. L. 163. To the Honorable the Court of Quarter Sessions of the Peace of and for the County of Chester. The petition of the undersigned, inhabitants of the Borough of Marshalton in said county, respectfully represents : That by virtue of a decree of this Court made the 26th day of April, A. D. 1857, the town of Marshalton was erected into a borough with the following boundaries, viz : beginning, &c. (set out boundaries), that in the judgment of the petitioners it is desira- ble that the limits of said borough should be changed so as to include within the said borough a collection of houses adjoining said borough, collocated after a regular plan in regard to streets and lanes, and having the following boundaries, viz. : beginning at , being the northwest corner of said borough as above described, thence, &c., to, &c., thence, &c., to, &c., thence, &c., to (set out boundaries), being the northeast corner of said borough as above described, thence along the north 90 BOROUGHS. line of said borougli to the place of beginning, a plot or draft of the boundaries of said proposed change and of the said borough as above described accompanies this petition. The petitioners further represent that they reside Avithin the limits of the said borough as first above set forth and of the proposed change, that the whole of the same contains not more than one hundred and thirty freeholders (or as the case may be), and that the petitioners are a majority of said freeholders. The petitioners therefore pray the court to cause this their application to be laid before the Grand Jury of said county, and if a majority of said Grand Jury after a full investigation shall certify to the Court that the provisions of the Act of Assembly in such case made and provided have been complied with and that it is expedient to grant the prayer of the petitioners, that the court will confirm the judgment of said Grand Jury and de- cree such alteration in the limits of said borough upon com- pliance with the several conditions required of said act. And they will, &c., Enoch Kex, &c., Order of Court. January 26, 1857. Upon the hearing of the foregoing petition the Court order the same to be laid before the Grand Jury. 5. Report of the Grand Jury. To the Honorable the Court of Quarter Sessions of the Peace of the County of Chester, at January Sessions, A. D. 1858. The Grand Jury of said county certify. That after a full in- vestigation of the case presented by the annexed petition to change the limits of the Borough of Marshalton, a majority of ' said jury do find that the conditions prescribed by the Act of Assembly relating thereto have been complied with, and that they believe it is expedient to grant the prayer of the peti- tioners. By direction of a majority of the Grand Jury. Joshua Jones, January 28, 1856. Foreman. BOROUGHS. 91 Confirmation and Decree of Court. In the matter of the application to change the limits of the Borough of Marshalton. April 25, 1856. The Court confirm the judgment of the Grand Jury, and decree that the limits of the Borough of Mar- shalton be changed in conformity with the prayer of the peti- tioners. 6. Application of an Incorporated Borough to become subject to provisions of Act of April 3, 1851. p. 116, pi. 11. 3 April 1851, P. L. 325. To the Honorable the Judges of the Court of Quarter Ses- sions of Chester county. The petition of the Borough of Green Hill in said county, respectfully represents : That the said Borough of Green Hill was incorporated by an Act of Assembly of this Commonwealth, passed the tenth day of February, A. D. one thousand eight hundred and fifty ; that the following is a particular description of the boundaries of said borough, viz. : beginning, &c. (set out boundaries), and that a plot or draft of the same accompanies this petition. The pe- titioners therefore pray said Court that said borough may be subject to the restriction and possess the powers and privileges conferred by an act entitled, " An Act regulating Boroughs," approved the third day of April, A. D, one thousand eight hun- dred and fifty-one. By order of the Borough Council, John- Wallace, Chief Burgess. [Corporate Seal.] William Holt, Clerk. Chester county, ss. William Holt, being duly sworn says, that the name " John Wallace" above-written, is the proper handwriting of John 92 BOROUGHS. Wallace, the Chief Burgess of the Borough of Green Hill, and that the name "William Holt," is the proper handwriting of this deponent, who is Clerk of the Borough Council, that said petition is signed and sealed as aforesaid, in pursuance of a resolution of said Borough Council, passed the first day of Feb* ruary, A. D. one thousand eight hundred and fifty-six. Sworn and subscribed, Febru- ary 8, A. D. 1856, before the undersigned a Justice of the Peace of said county. Henry Fleming, J. P. William Holt. 7. Remonstrance against coming under Provisions of Act of 1851. p. 116, pi. 11. 3 April 1851, P. L. 325. To the Honorable the Judges of the Court of Quarter Ses- sions of the County of Chester. The undersigned, inhabitants of the Borough of Green Hill in said county, respectfully remonstrate against the application for a decree making said borough subject to the provisions of an act entitled, " An Act regulating Boroughs," approved April 3, A. D. one thousand eight hundred and fifty-one, for the fol- lowing reasons, viz. (set out reasons.) The petitioners therefore respectfully pray the Court to refuse said application and they will, &c. Enoch Rex, April 26, 1856. Seth Jones. Chester county, ss. Enoch Rex and Seth Jones, being severally duly sworn say, that the statements in the foresroino: remonstrance are true as they verily believe. Sworn and subscribed, April "j Enoch Rex, 26, 1856, before > Seth Jones. John Graves, J. P. J BOROUGHS. 93 8. Refusal to subject Borough to Act of 1851. p. 116, pi. 11. 3 April 1851, P. L. 325. Decree of Court. And now, to wit, June 14, 1856, the Court having heard the application of the Borough of Green Hill to be made subject to the provisions of the act entitled "An Act regu- lating Boroughs," passed April 3, 1851, and the remonstrance against the said application, and having fully considered the same, do refuse said application. 9. Confirmation of Application to become subject to Act of 1851. p. 116, pi. 11. 3 April 1851, P. L. 325. And now, to wit. May 1, 1856, the Court having heard the application of the Borough of Green Hill to be made subject to the provisions of the Act entitled "An Act regulating Boroughs," passed April 3, a. d. 1851, and the remonstrance against said application, and having fully considered the same, do confirm said application, and it is decreed that said Borough of Green Hill shall hereafter be subject to the restrictions and shall possess the powers and privileges conferred by the afore- said act ; and it is further decreed that the provisions of the former charter of the said borough shall be and they are hereby annulled, so far as they are in conflict with the provisions of said act. 10. Complaint for taking Private Property/ for the use of Borough. P. lir, pi. 31. P. 121, pi. 89. 3 April 1851, 320, 326. To the Honorable the Judges of the Court of Quarter Ses- sions of Chester county. The petition and complaint of George Rigdon respectfully represents : That he is the owner of a lot of ground situate on the south side of Walnut street, fifty feet west from Main street, in the 94 BOROUGHS. Borough of Green Hill, in said County of Chester; that he has erected on said lot a house or building in which he pursues, carries on and has carried on his business as a butcher for the space of three years and upwards, and that he has incurred much expense in the construction of said building and appli- ances for the carrying on of said business ; that the burgess and town-council of said borough did, on the tenth day of January last past, enact and ordain an ordinance declaring said business of the complainant noxious and offensive to the inhabitants of said borough, and prohibiting this complainant from carrying on the same. The complainant denying that said business is noxious and offensive to the inhabitants of said borough, complains that he has suffered and is suffering grievance in consequence of said ordinance, and prays the Court to make such determination and order in the premises as may be just and reasonable. And he will, &c. February 1, 1856. George Rigdon. Chester county, ss. George Rigdon being sworn in due form of law, declares and says, that the statements in the foregoing petition and complaint are correct and* true as he verily believes. Sworn and subscribed, Feb-"] George Rigdon. ruary 1, A. D. 1856, before V Henry Fleming, J. P. J 11. Recognisance on Complaint for Grievance from Ordinance. P. 121, pi. 89. 3 April 1S51, P. L. 326. We, George Rigdon, John Walker and Thomas Brown, acknowledge ourselves to be indebted to the Boi'ough of Green Hill in the sum of two hundred dollars, to be levied of our goods and chattels, lands and tenements respectively, if default be made in the following condition, that is to say. Whereas the said George Rigdon has this day made complaint to the Court of Quarter Sessions of the Peace of Chester county, that he has BOROUGHS. 95 suffered grievance by the enacting of an ordinance by the said borough, on the tenth day of January last, prohibiting him from carrying on business as a butcher in said borough : Now the condition of this recognisance is such, that if the above bounden George Rigdon, shall prosecute his said com- plaint with effect, and shall pay the costs for which he may be liable in consequence of said complaint, then this recognisance to be void and of no effect, or else to be and remain in full force and virtue. George Rigdon, John Walker, Thomas Brown. Taken and acknowledged, February 1, A. D. 1856, before the subscriber, one of the Judges of the Court of Common Pleas of Chester county. NiMROD Strickland. 12. Complaint for Widening Streets. P. 121, pi. 90. 3 April 1851, P. L. 326. To the Honorable the Court of Quarter Sessions of the Peace of Chester county. The petition and complaint of George Rigdon and John Walker respectfully represents : That they own and occupy adjoining lots of ground on the south side of Walnut street, in the Borough of Green Hill in said county, on each of which is erected a dwelling-house front- ing on said street ; that by a regulation enacted on the sixth day of January last past, the burgess and town-council have directed that the said Walnut street shall be widened to additional width of twenty feet ; that if the said street shall be opened to such additional width, the complainants will be much aggrieved, inas- much as thereby part of the steps of their dwelling-houses will necessarily be taken away, and the said street will be brought inconveniently near to said houses. That the said street is already of the width of forty feet, and no public necessity or 96 COLLATERAL INHERITANCE TAX. convenience requires that it should be increased to the above stated width. The complainants therefore praj the Court to take such order as may be just and reasonable in the premises. And they will, &c. George Rigdon, John Walker. Chester county, ss. George Rigdon and John Walker being duly sworn say, that the statements in the foregoing complaint are true as they verily believe. Sworn and subscribed, Feb- \ George Rigdon, ruary, a. d. 1856, before > John Walker. H. Fleming, J. P. J COLLATERAL INHERITANCE TAX. 1. Petition to Apportion. P. 150, pi. 10, 12. 24 February 1S34, P. L. 84, 85. To the Honorable the Judges of the Orphans' Court of Chester county. The petition of John Gregg, executor of the last will and testament of George Wills, late of the Township of Penn in said county, deceased, respectfully represents : That the said George Wills died in the month of May last, and by his last will and testament, dated the tenth day of Janu- ary in the present year, and proved the fourth day of May aforesaid, bequeathed to James Wills during his life and after his death to John Ryan absolutely, a carriage ; that the said carriage has been appraised according to law, at the sum of two hundred dollars. The petitioner therefore prays the Court to make an apportionment between the said James Wills and John Ryan of the sum to be paid into the petitioner's hands for the use of the Commonwealth, for the collateral inheritance tax on said COLLATERAL INHERITANCE TAX. 97 bequest, and to take such further order relative thereto as equity shall require. And he will, &c. John Gregg. May 10, 1856. (Affidavit of truth of petition to be appended.) 2. Appointment of Appraiser. p. 151, pi. 21, 22. 10 April 1849, P. L. 571. 11 March 1850, P. L. 170. In the Estate of George Wills of the Township of Penn, in the County of Chester, deceased. Chester county, ss. Jesse John, Register of Wills in and for said county. To Enoch Brown : Greeting. You are hereby appointed appraiser of the estate of George Wills, late of the Township of Penn, in said county, deceased, and are required, after having been duly sworn or affirmed, to put a fair valuation upon the real estate of said decedent ; to make a fair and conscionable appraisement of his personal es- tate ; and to fix the cash value at the time of making said appraise- ment of all annuities and life estates growing out of said estate. Witness my hand and the seal of said Register's office at West Chester, the fourth day of May, a. d. one thousand eight hundred and fifty-six. Jesse John, [Seal.] Register. Chester county, ss. Enoch Brown, the above-named appraiser, being duly sworn says, that he will well and truly, and without prejudice or par- tiality, value and appraise the estate of the said George Wills as above directed, and will in all respects perform his duty as appraiser under the foregoing appointment, to the best of his skill and judgment. Sworn and subscribed May ^ Enoch Brown. 4, A. D. 1856, before > Jesse John, Register. J 7 98 COLLATERAL INHERITANCE TAX. 3. Notice to Executor of making Appraisement. p. 151, pi, 21. Note (c). To Jolin Gregg, Executor, &c., of George Wills, late of the Township of Penn, in the County of Chester, deceased. Please to take notice that the undersigned, appointed ap- praiser of the estate of said decedent, subject to collateral in- heritance tax, will make an appraisement of the same at the late residence of the decedent, on the sixteenth day of May instant, (a) Enoch Brown, May 5, 1856. Appraiser. 4. Citation to file Account. p. 151, pi. 23. 23 March 1841, P. L. 99. Chester county, ss. The Commonwealth of Pennsylvania, to John Gregg, Execu- tor of the last will and testament of George Wills, late of the Township of Penn, in said county, deceased : Greeting. Whereas it appears from the records in the office of the Register of Wills of said County of Chester, that letters testa- mentary on the estate of the said George Wills were granted to you, the said John Gregg, on the fourth day of May, A. D. one thousand eight hundred and fifty-six, that the estate of said decedent is subject to collateral inheritance tax, that you have neglected and omitted to file an account of your adminis- tration of said estate, and that more than one year from the grant of said letters has elapsed. These are therefore to com- mand you to file and settle in said office said account on or before the twelfth day of July next. Herein fail not. Witness my hand and the seal of said Register's office at West Chester, the thirtieth day of June, in the year of our Lord one thousand eight hundred and fifty-seven. Jesse John, Register. [Seal.] (a) Coxe^s Appeal, Register's Court of Philadelphia, 2 February 1854, Ms. COLLATERAL INHERITANCE TAX. 99 5. Service of Citation. Chester county, »s. Job Watts, Sheriff of the county of Chester, being duly sworn says, that he served this citation on John Gregg therein named, by giving him a copy thereof personally on the second day of July instant. Sworn and subscribed, July ^ Job Watts. 3, 1857, before V Jesse John, Register, j 6. Application to the Orphans' Court on failure to Obey. p. 151, pi. 24. 23 March 1841, P. L. 99. To the Honorable, the Judges of the Orphans' Court of Chester County, Jesse John, Register of Wills of said county, respectfully represents ; That on the fourth day of May, in the year of our Lord one thousand eight hundred and fifty-six, letters testamentary on the estate of George Wills, late of the Township of Penn in said county, deceased, were duly granted to John Gregg ; that the estate of said decedent is subject to the collateral inherit- ance tax; that the said John Gregg having neglected and omitted to file an account of his administration of said estate for more than the space of one year from the grant of said letters testamentary, a citation was on the thirtieth day of June last issued to the said John Gregg, commanding him to file and settle such account on or before the twelfth day of July then next, which citation was duly served on the said John Gregg on the second of the same July, as will appear by the said citation and proof of service thereof hereto annexed. The said Register fur- ther representing that the said John Gregg has failed to obey the said citation, applies to the said court to make such orders as may 100 COLLATERAL INHERITANCE TAX. be necessary to enforce obedience by the said John Gregg to tbe same. Jesse John, Register. [Seal.] August 2, 1857. 7. Citation where Tax has not been paid over. p. 151, pL 25. 10 April 1849, P. L. 572. Chester county, ss. The Commonwealth of Pennsylvania to John Wills, Heir at Law of George Wills, late of the township of Penn, in said county, and John Gregg, Executor, &c., of said decedent ; Greeting. Whereas the said George Wills died in or about the month of May, in the year of our Lord one thousand eight hundred and fifty-six, intestate and seised in his demesne as of fee of and in a certain messuage and tract of land in said township, bounded by lands of John Gregg, John Ryan and others, con- taining about one hundred acres more or less, with the apperte- nances, and whereas the said real estate has been valued accord- ing to law at the sum of ten thousand dollars, and is subject to a collateral inheritance tax amounting to five hundred dollars ; and whereas the said George Wills has been dead more than one year, and the said Register has discovered that said collateral inheritance tax has not been paid over according to law. These are therefore to command you, the said John Wills and John Gregg, to appear before the said Register, at his office in the borough of West Chester, on the fifth day of July next, at ten o'clock in the forenoon of said day, then and there to show cause why the said tax should not be paid. Witness my hand and the seal of said Register's office, at West Chester, the twentieth day of June, in the year of our Lord one thousand eight hundred and fifty-seven. Jesse John, [Seal.] Register. CONSTABLES. 101 CONSTABLES. 1. Bond of Constable. P. 182, pi. 3, 4, 8. 15 April 1834, P. L. 556. Know all men by these presents, that we, Job Watts and Enoch Brown, both of the township of Penn, in the County of Chester, are held and firmly bound to the Commonwealth of Pennsylvania in the sum of one thousand dollars, to be paid to the said Commonwealth, her certain attorney or assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, dated the fourth day of May, in the year of our Lord one thousand eight hundred and fifty-six. Whereas, the said Job Watts having been duly elected con- stable of the aforesaid township of Penn, and having this day appeared before the Court of Quarter Sessions of the Peace of said county and accepted said oflSce, the said Court has ap- pointed him constable of said township of Penn for one year from this day and until a successor shall be duly appointed : Now the condition of this obligation is such, That if the said Job Watts shall justly and faithfully discharge the duties of his office as constable aforesaid, then this obligation shall be void and of none efi'ect, otherwise shall be and remain in full force and virtue. Sealed and delivered in the x Job Watts, [l. s.] presence of ( Enoch Brown, [l. s.] John Doe, f Richard Roe. Approval Endorsed. May ], 1856. The within bond of Job Watts, with Enoch Brown as surety in the penalty of one thousand dollars, is approved. By the Court. 102 CONSTABLES. 2. Deputation. Pp. 182, 183, pi. 12, 13. 15 April 1834, P. L. 557. Know all men by these presents, that I, Job Watts, constable of the township of Penn, in the County of Chester, by these presents and with the approbation of the Court of Quarter Ses- sions of said county, have and do appoint Enoch Brown of the same township to be my deputy, to execute all process and to do and perform, during the period for which I have been ap- pointed constable, all other acts and duties which appertain to the office of constable within said township, and which I am authorized to do or could do as constable aforesaid. Witness my hand and seal this first day of May, in the year of our Lord one thousand eight hundred and fifty-six. Sealed and delivered in the ,^ Job Watts, [l. s.] presence of I John Doe, ( Richard Roe. ^ May 1, 1856. The Court approve the appointment of Enoch Brown as deputy of Job Watts, constable of the township of Penn, under the foregoing deputation. By the Court, Abel Robb, Clerk. 3. Petition of Surety to Inquire into Conduct of Constable. p. 183, pi. 14. 27 May 1841, P. L. 403. To the Honorable, the Judges of the Court of Quarter Sessions of the Peace of the County of Chester. The petition of Enoch Brown respectfully represents, That on the first day of May last, John Watt was duly appointed by this Court constable of the township of Penn, in said county, for the term of one year, and that your petitioner became surety for the just and faithful discharge, by the said John Watt, of his duties as constable aforesaid ; the petitioner further repre- CONSTABLES. 103 Bents, that the said John "Watt has fallen into habits of intem- perance and has neglected his duty (set out the specific act or acts), and is therefore unfit and incompetent to discharge his oflScial duties. The petitioner therefore prays the Court to make such order in the premises as is directed by the Act of Assembly in such case made and provided. And he will, &c. Enoch Brown. Chester county, ss. Enoch Brown, the foregoing petitioner, being duly sworn says, that the statements in the foregoing petition are true as he verily believes. Sworn and subscribed, the" fourth day of May, A. D. 1856, before Henry Fleming, Justice of the Peace of said county. Enoch Brown. 4. Decree of Court on Complaint of Surety. p. 183, pi. 14. 27 May 1841, 7 P. L. 403. And now June 10, 1856, the Court having heard and duly considered the complaint of the said Enoch Brown and the answer of the said John Watt, and inquired into the ofiicial conduct of the said John Watt as constable of the township of Penn, and being satisfied that from habits of intemperance and neglect of duty, as set forth in said complaint, the said John Watt is incompetent to discharge his official duties as such constable, do decide that the said John Watt be removed from his said office of constable of the township of Penn, unless the said John Watt shall within ten days give additional security in the sum of one thousand dollars, with one or more sureties, to be approved by the Court, for the just and faithful discharge of the duties of his oflBce. 104 CONSTABLES. 5. Petition to require Freeholder to give Security. p. 183, pi. 14. 27 May 1841, P. L. 403. To the Honorable, the Judges of the Court of Quarter Sessions of the Peace of the County of Chester. The petition of John Ryan of the township of Penn in said county, respectfully represents. That John Watt having been duly elected, was on the fourth day of May last appointed by this Court constable of said township for the term of one year, and did not give security for the just and faithful discharge of his duties ; that the said John Watt has so neglected his duties (specify the facts), and the situation of' his estate is such by reason of liens and other debts, as to render it unsafe to intrust him with the execution of official duties. The petitioner there- fore prays the Court to require said John Watt to give security as is required by law of constables who have not such estate as exempts them from giving security, and to do such other mat- ters and things in the premises as is directed by the Act of Assembly in such case made and provided. And he will, &c. John Ryan. Chester county, ss. John Ryan being duly sworn says, that the statements in the foregoing petition are true as he verily believes. Sworn and subscribed, August 1, "j John Ryan. A. D. 1856, before > John Graves, J. P. J 6. Decree for Security. p. 183, pi. 14. 27 May 1841, P. L. 403. And now, September 10, 1856, The Court having heard and fully considered the complaint of John Ryan, and the answer of the said John Watt, and being satisfied that the said John Watt has so neglected his business and that the situation of his estate is such as to render it unsafe to intrust him with the CONTRACT OF DECEDENT. 105 execution of official duties, do require the said John Watt within ten days to give bond to the Commonwealth in the pen- alty of one thousand dollars, with at least one sufficient surety to be approved by the Court, conditioned for the just and faith- ful discharge of the duties of his office. 7. Decree for Removal. p. 183, pi. 14. 27 May 1841, P. L. 403. And now, September 21, 1856, it appearing to the Court that John Watt, constable of the Township of Penn, has made default in giving security according to the order of this Court, it is decreed that the said John Watt be removed from the office of constable aforesaid. By the Court. 8. Demand for Perusal of Warrant. p. 187, pi. 38. 21 March 1772, 1 Sm. L. 365. To John Watt, constable of the Township of Penn in the County of Chester. I hereby demand of you a perusal and copy, duly certified under your hand, of the warrant under which you arrested and held me in custody on the tenth day of May last. Enoch Brown, June 1, 1856. CONTRACT OF DECEDENT. 1. Petition to he Alloived to Prove in the Common Pleas. P. 189, pi. 1. 31 March 1792, 3 Sm. L. 66. To the Honorable, the Judges of the Court of Common Pleas of Chester County. 106 CONTRACT OF DECEDENT. The petition of John Ryan, respectfully represents : That John Gregg, late of the Township of Penn in said county, in his lifetime, to wit, on the sixth day of December, in the year of our Lord one thousand eight hundred and fifty-five, by a con- tract in writing, herewith exhibited to the Court, bearing date on the day above mentioned, covenanted, agreed, promised and bound himself to convey to the petitioner by good and sufficient deed in fee simple on the first day of April next ensuing the date of said contract, a certain messuage and tract of land situ- ate in the said Township of Penn, bounded by lands of Enoch Brown, George Biles and others, and containing fifty acres more or less with the appertenances, the petitioner agreeing to pay therefor the sum of five thousand dollars, as follows, viz. : one thousand on the execution and delivery of said contract, and the remaining four thousand dollars upon the execution and delivery of said deed, as will more fully and at large appear by said contract herewith presented : That the petitioner paid the said John Gregg the said sum of one thousand dollars in pursuance of said contract, but that the said John Gregg died in the month of March last past, leaving to survive him his widow, Sarah Gregg and one child, viz. James Gregg, not having complied with the said contract, and having made no sufficient provision for the performance thereof in his lifetime : having made his last will and testament, of which he ap- pointed George Wills the Executor, who has duly proved the same and taken upon himself the burthen of the execution thereof. The petitioner therefore prays that he may be per- mitted to prove said contract in this Court, in accordance with the provisions of the Act of Assembly in such case made and provided. And he will, &c. John Ryan. . April 10, 1856.(a) Chester county, ss. John Ryan the above petitioner, being duly sworn says, that (a) Atkijis V. Young, 2 Jones 23, 24. CONTKACT OF DECEDENT. 107 John Ryan. the statements in the foregoing petition are true as he verily believes. Sworn and subscribed, April 10, A. D. 1856, before the under- signed, a Justice of the Peace. Henry Fleming. 2. Order of Court for Notice and Decree of Sufficiency of Probate. In the Estate of John p. 189, pi. 1. 31 March 1792, 3 Sm. L. 66. In the Court of Common Pleas of Chester County : — On the peti- Gregg, deceased. [ tion of John Ryan to prove con- J tract with Decedent. And now, April 10, 1856, the petition of John Ryan being read, the Court direct that notice be given to George Wills, Executor, &c., of John Gregg deceased to Sarah Gregg, widow and James Gregg, a child of said deceased, at least ten days before the first day of May next, to come into Court and show cause, if any they have, why the said John Ryan should not be permitted to prove the contract made with the said John Gregg in his lifetime. And now. May 1, 1856, due proof having been made of the service of notice heretofore directed on George Wills, Sarah Gregg and James Gregg, and no cause being shown against the prayer of the petition of said John Ryan and the Court having heard and duly considered the proofs of said contract, do adjudge the probate thereof to be sufficient. 3. Certificate of Probate. P. 189, pi. 1. 31 March 1792, 3 Sm. L. 66. Chester county, ss. Be it known, that at a Court of Common Pleas held and kept at West Chester, for the County of Chester, on the first day of 108 CONTRACT OF DECEDENT. May, A. D. one thousand eight hundred and fifty-six, before the Hon. Townsend Haines, President, and his Associates, Judges present, upon the petition of John Ryan and after due notice to George Wills, Executor, &c., Sarah Gregg widow and James Gregg only child of John Gregg, deceased, the Court having heard and duly considered the proofs of the annexed contract between the said John Ryan and John Gregg, do ad- judge that the probate of said contract is suflBcient. Witness my hand and the seal of said Court, the second day of May, in the year of our Lord one thousand eight hundred and fifty-six. James Davis, Prothonotary. (Seal of Court of Common Pleas.) 4. Petition of Executors for leave to Execute Deed. p. 189, pi. 1. 31 March 1792, 3 Sm. L. 66. To the Honorable, the Judges of the Court of Common Pleas of Chester county. The petition of George Wills, Executor, &c., of John Gregg, late of the Township of Penn in said county, deceased, respect- fully represents : That the said John Gregg in his lifetime, by a contract in writing bearing date the sixth day of December, A. D. one thou- sand eight hundred and fifty-five, covenanted, agreed, promised and bound himself to convey to one John Ryan, by good and sufficient deed in fee simple, on the first day of April then next, a certain messuage and tract of land situate in the said Town- ship of Penn, bounded by lands of Enoch Brown, George Biles and others, and containing fifty acres more or less, with the appertenances, as is more particularly described in said con- tract: the said John Ryan agreeing to pay therefor the sum of five thousand dollars as follows, viz., one thousand dollars on the execution and delivery of said contract, and the remaining four thousand dollars upon the execution and delivery of the said deed, as by the said contract will more fully and at large appear ; that the said John Ryan paid to the said John Gregg CONTRACT OF DECEDENT. 109 the said sum of one thousand dollars in pursuance of said con- tract, but that the said John Gregg died on the tenth day of March last past, not having complied with said contract, and having made no sufficient provision for the performance thereof in his lifetime : having made his last will and testament, of which he appointed the petitioner the Executor, who has duly proved the same and taken upon himself the burthen of the exe- cution thereof. The petitioner further represents, that upon the petition of the said John Ryan, this Court did on the second day of May last, adjudge the probate of the said contract sufficient, and the same has been duly recorded in the office for recording of deeds in and for said county according to law. The petitioner therefore prays the Court to grant him leave to make and execute a deed conveying to the said John Ryan, his heirs and assigns, the said messuage and tract of land in the said contract mentioned, for such estate or estates and in such manner and form as the Court shall judge to be consistent with the true intent and meaning of the same. And he will, &c. June 12, 1856. George Wills, Executor, &c., of John Gregg, deceased. Chester county, ss. George Wills, the above petitioner, being duly sworn says, that the statements in the foregoing petition are true as he verily believes. Sworn and "subscribed, Junel George Wills. 12, A. D. 1856, before the undersigned, a Justice of the Peace. Henry Fleming. 5. Decree to make Deed, ^c. P. 190, pi. 1. 31 March 1792, 3 Sm. L. 66. And now, June 12, 1856, the Court having considered the prayer of the petition of George Wills, Executor, &c., of John 110 CONTRACT OF DECEDENT. Gregg deceased, and the contract upon whicli the same is founded, do adjudge the said contract to be obligatory between the parties thereto, and do authorize and empower the said George Wills, Executor, &c., of the said John Gregg deceased, to make and execute a deed conveying to the said John Ryan, his heirs and assigns, the messuage and tract of land in said contract mentioned — he, the said John Ryan first paying to the Isaid George Wills as Executor aforesaid, the sum of four thou- sand dollars, the remaining part of the purchase-money still payable by him according to the tenor and eifect of said con- tract. 6. Petition of Executor to make Probate of Contract. p. 190, pi. 2. 31 March 1792, 3 Sm. L. C6. To the Honorable the Judges of the Court of Common Pleas of the County of Chester. The petition of George Wills, Executor of the last will and testament of John Gregg, late of the Township of Penn in the County of Chester, deceased, respectfully represents : That the said John Gregg in his lifetime, to wit, on the sixth day of December, in the year of our Lord one thousand eight hundred and fifty-five, by a contract in writing, a counterpart whereof the petitioner has and herewith exhibits, bearing date on the day above mentioned, covenanted, agreed, promised and bound himself to convey to one John Ryan of the same place, by good and sufficient deed in fee simple on the first day of April then next, a certain messuage and tract of land situate in the same township of Penn, bounded by lands of Enoch Brown, George Biles and others, and containing fifty acres more or less, with the apperte- nances, as is more particularly described in said contract, the said John Ryan by the same contract agreeing to pay therefor the sum of five thousand dollars as follows, viz. : one thousand dollars on the execution and delivery of said contract, and the remaining four thousand dollars on the execution and delivery of the said deed, as by the said contract will more fully and at large appear ; that the said John Ryan paid to the said John CONTKACT OF DECEDENT. Ill Gregg in his lifetime, the said sum of one thousand dollars in pursuance of said contract, but that the said John Gregg died on the tenth day of March last, without having conveyed the said tract of land to the said John Ryan, and having made no sufficient provision for the performance of said contract in his lifetime : — leaving to survive him a widow, Sarah Gregg, and one child, James Gregg, and having made his last will and tes- tament, of which he appointed the petitioner Executor. He therefore prays the Court that he may be permitted to prove said contract in this Court in accordance with the provi- sions of the Act of Assembly in such case made and provided. And he will, &c. George Wills, Executor, &c., of John Gregg, deceased. Chester county, ss. George Wills, the above petitioner, being sworn in due form of law declares and says, that the statements in the foregoing petition are true as he verily believes. Sworn and subscribed before " the undersigned, a Justice of the Peace of said county, April 10, A. D. 1856. Henry Fleming. George Wills. 7. Proceedings to prove a Parol Contract. p. 190, pi. 6. 10 March 1818, 7 Sm. L. 79. To the Honorable, the Judges of the Court of Common Pleas of Chester County. The petition of John Ryan respectfully represents. That John Gregg, late of the Township of Penn, in the said County of Chester, entered into a parol contract with your petitioner on the first day of December, in the year of our Lord one thou- 112 CONTRACT OF DECEDENT. sand eight hundred and fifty-five, by which he agreed to sell and convey to the petitioner by good and sufiicient deed in fee simple, on the first day of April then next ensuing, a certain tract of land, bounded on the north by lands of John Jones, on the south and east by lands of George Wills, on the west by lands of Job Rea and the road leading from West Chester to Oxford, and containing twenty acres more or less, with the ap- pertenances ; in consideration whereof the petitioner agreed to pay to the said John Gregg the sum of two thousand dollars, in manner following, that is to say : Five hundred dollars on the first day of January then next, and the remaining fifteen hun- dred dollars when the said deed should be delivered ; and it was further agreed that the petitioner should enter into possession of said tract of land upon the payment of the said sum of five hundred dollars. The petitioner further represents that he paid the said sum of five hundred dollars to the said John Gregg on the said first day of January, and on said day, and in the lifetime of the said John Gregg, entered into possession of the said tract of land in pursuance of the said contract. The petitioner further represents, that since paying the said sum of money and entering into possession of said land as afore- said, he has erected a large stone barn upon the same, and has repaired and rebuilt the fences ; that he has also spread on said land five hundred bushels of lime, and ploughed and prepared ten acres thereof for planting corn therein ; and that by reason of the premises the said contract has been so far in part executed as to render it unjust to rescind the same. The petitioner further represents, that the said John Gregg died on or about the first day of March last past, having made his last will and testament in writing, of which he appointed George Wills the Executor, and leaving to survive him a widow, Sarah Gregg, and one child, James Gregg ; but that he, did not in his lifetime comply with said contract, nor does there appear to have been any sufficient provision made by him in his life- tinie for the performance of the same. The petitioner therefore prays the Court to appoint a day certain, for the examina- tion of witnesses in support of said contract, and grant the petitioner such relief as the Court may deem he is in equity CONTRACT OF DECEDENT. 113 entitled to, in accordance with the Act of Assembly, in such case made and provided. And he will, &c. John Ryan. (Affidavit of the truth of petition to be appended.) 8. Petition for Specific Execution in the Orphans' Court, and Order for Notice. P. 191, pi. 10. -24 February, 1834, P. L. 75. To the Honorable, the Judges of the Orphans' Court of Chester County ; The petition of John Ryan, of said county, respectfully re- presents. That John Gregg, late of the Township of Penn, in said county, in his lifetime, to wit, on the first day of Decem- ber, in the year of our Lord one thousand eight hundred and fifty-five, by a contract in writing, bearing date on the day last mentioned, bound himself to sell and convey to the pe- titioner by good and sufficient deed in fee simple, on the first day of April then next, a certain messuage and tract of land situate in said Township of Penn, bounded by lands of George Jones, Job Ralston and others, and containing fifty acres more or less, with the appertenances, the petitioner by the same contract agreeing to pay in consideration thereof the sum of five thousand dollars, as follows, viz. : One thousand dollars at and upon the execution of said contract and the re- maining four thousand dollars upon the delivery of the said deed, as by the said contract herewith presented to the Court, will more fully and at large appear. The petitioner further represents that he did, at and upon the execution of said con- tract, pay to the said John Gregg, the said sum of one thousand dollars, but that the said John Gregg died on the first day of March thereafter, seised and possessed of the said messuage and tract of land, without having made any sufficient provision for the performance of said contract, but having made his last will and testament, bearing date the first day of July, in the year of our Lord one thousand eight hundred and fifty-five, whereby he devised the said real estate to his sons, Thomas Gregg 8 114 CONTRACT OF DECEDENT. and James Gregg, in fee ; and of his said will appointed George Wills the Executor, who has duly proved the same and taken upon himself the hurthen of the execution thereof. The peti- tioner further represents that he is willing and hereby offers to perform the said contract on his part. (a) He therefore prays the Court to make a decree for the specific performance of said contract, according to the true intent and meaning thereof. And he will, &c. John Ryan. (Affidavit of truth of petition to be appended.) In the Orphans' Court of Chester In the Estate of John ! County. Gregg, deceased. [ On petition of John Ryan for Spe- j cific Execution, &c. p. 191, pi. 10. 24 February 1834, P. L. 75. - And now, April 10, 1859, Upon the hearing of the foregoing petition, the Court direct a citation to issue to George Wills, Executor of the last will and testament of John Gregg, deceased, and to Thomas Gregg and James Gregg, devisees in said will, to appear in this Court on the 26th day of April, instant, to answer said petition and show cause, if any they have, why a decree should not be made for the specific performance of the contract in said petition mentioned, according to the true intent and meaninor thereof. 9. Decree. Pp. 191, 192, pi. 10,13. 24 February J834, P. L. 75. And now, April 26, 1859. It appearing to the Court here that due notice of the petition of John Ryan has been given to George Wills, Executor, &c., of John Gregg, deceased, and to Thomas Gregg and James Gregg, devisees under said will, and that service of the citation heretofore directed to the said exe- cutor and devisees has been duly made, and the Court, having fully considered the said petition and the facts proved in sup- (a) Chesses Appeal, 4 Barr 55. CONTRACT OF DECEDENT. 115 port of the same and no sufficient cause being shown to the contrary, do adjudge said facts to be sufficient in equity and order, and decree that the said contract be specifically per- formed, according to the true intent and meaning thereof; and the Court do further decree that, upon the payment by the said John Ryan to the said George Wills, executor aforesaid, of the sum of four thousand dollars, being the remainder of the purchase-money payable according to the terms of said con- tract, the said executor do execute to the said John Ryan, a good and sufficient deed, conveying to him in fee simple the messuage and tract of land in the said contract mentioned, in conformity with the intention of the same. Parol Contract. The petition for the specific execution of parol contract is to be similar to that in the Common Pleas, and the proceedings in the Orphans' Court the same as the preceding. 10. Deceased Tenant in Common. p. 192, pi. 15. 8 February 1848, P. L. 27. To the Honorable the Judges of the Orphans' Court of Chester county : The petition of George Wills, executor, &c., of John Gregg, late of the Township of Penn in the said county, deceased, respectfully represents : That the said John Gregg and James Gregg, being the owners in common in fee of a certain mes- suage and tract of land situate in the said Township of Penn, bounded by lands of George Jones, Job Ralston, and others, and containing fifty acres, be the same more or less, with the appertenances, entered into a contract in writing, dated the first day of October, A. d. one thousand eight hundred and fifty, with one John Ryan, to sell said messuage and tract of land to him, he, the said John Ryan, agreeing to pay therefor the sum of five thousand dollars, as follows, viz., one thousand dol- lars thereof on the execution and delivery of said contract and the remaining four thousand dollars on the first day of 116 CONTRACT OF DECEDENT. April then next ; tliat the said John Ryan paid the said sum of one thousand dollars in pursuance of said contract, and that the said John Gregg died on the first day of December last without having made provision by will or otherwise for perfecting the title of the said John Ryan to said messuage and tract of land, but having made a will by which he appointed the petitioner the executor, who having proved the said will, has taken upon himself the burthen of the execution thereof; the petitioner further represents that the said James Gregg, the surviving vendor, is desirous to perfect the title aforesaid to the said John Ryan, who is willing to perform his part of the terms of the same, and the petitioner upon the performance by the said John Ryan of his stipulations in said contract to the satisfac- tion of the petitioner, is about to execute a deed to the said John Ryan, with clause of special warranty, for the share of the said John Gregg in said messuage and tract of land, and that the share of the said John Gregg, deceased, in the unpaid part of said purchase-money is two thousand dollars. The petitioner therefore prays that he may be allowed to give bond in such sum as the Court may judge proper, with security to be approved by the Court or by a judge thereof, conditioned for the faithful application according to law of all the moneys that may be received by him by virtue of the pro- visions of this Act. And he will, &c. George Wills, Executor. (Afiidavit of truth of petition to be appended.) 11. Bond of Executor Conveying Lands of Tenant in Common. p. 192, pi. 15. 8 February 1848, P. L. 27. Know all men by these presents, that we, George "Wills, Executor, &c., of John Gregg, late of the Township of Penn in the County of Chester and State of Pennsylvania, deceased, Charles Rex and Enoch Biles, both of said county, are held and firmly bound to the Commonwealth of Pennsylvania in the sum CORPORATIONS. 117 of four thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attorney and assigns, to which payment well and truly to be made we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, dated the first day of April, a. d. one thousand eight hundred and fifty-one. Whereas the said George Wills, executor aforesaid, in pursu- ance of the act to enable executors and administrators of dece- dents to perfect title to real estate in certain cases, approved the eighth day of February, IS'IS, is about to receive from John Ryan the sum of two thousand dollars, being the said John Gregg's share of the unpaid purchase-money of a certain messuage and tract of land heretofore owned in common by the said John Gregg and James Gregg, which the said owners contracted in the lifetime of the said John Gregg to sell to the said John Ryan ; Now the condition of this obligation is such, that if the said George Wills, executor aforesaid, shall faithfully apply accord- ing to law, all the moneys that may be received by him under and by virtue of the provisions of the above-mentioned act, then this obligation shall be void, or else to be and remain in full force and virtue. Sealed and delivered in pre- ^ George Wills, [l. s.] sence of I Charles Rex, [l. s.] David Bond, i Enoch Biles, [l. s.J Job Mann. I CORPORATIONS. 1. Petition for Incorporation. P. 196, pi. 11. 13 October 1840, P. L. 5. To the Honorable, the Judges of the Court of Common Pleas of Chester County : 118 CORPORATIONS. The petition of the undersigned respectfully represents, That they are citizens of the CommonAvealth of Pennsylvania, as- sociated for literary purposes under the title of " The Penn Lyceum," and are desirous to acquire and enjoy the power? and immunities of a corporation or body politic in law, to be situated and have its principal business transacted in the said County of Chester ; that they have prepared an instrument in writing therein specifying the objects, articles, conditions and name, style and title under which they have associated, and herewith exhibit and present the same to this Court. They therefore pray the Court to peruse and examine said instrument, and if the objects, articles and conditions therein set forth and contained shall appear lawful and not injurious to the community, that the Court will make such order with regard to the same as is directed by the Act of Assembly in such case made and pro- vided ; and, if no sufficient reason be shown to the contrary, that the Court will decree and declare that the petitioners shall, ac- cordincr to the articles and conditions in the said instrument set forth and contained, become and be a corporation or body politic, and have continuance by the name, style and title in said in- strument provided and declared. And they will, &c. John Jones, James Smith, John Ryan, &c., &c. (Affidavit of truth of petition by one or more of petitioners.) 2. Order for Publication. P. 196, pi. 11. 13 October 1840, P. L. 5. In THE MATTER OF THE ApPLiCA- ^ In the Court of Com- TiON OF " The Penn Lyceum" > mon Pleas of Chester FOR Incorporation. J County. And now, to wit, September 15, 1856, The Court having perused and examined the instrument in writing specifying the objects, articles, conditions and name, style or title under which the said " The Penn Lyceum" have associated ; and it appearing COKPOKATIONS. 119 to the Court that the objects, articles and conditions therein set forth and contained are lawful and not injurious to the com- munity ; the Court directs said writing to be filed in the office of the Prothonotary of said Court and notice to be inserted in the " American Republican," a newspaper published in the county of Chester, for three weeks, setting forth that an application has been made to the Court to grant a charter of incorporation to the said " The Penn Lyceum." 3. Decree of Incorporation. (To be endorsed on Articles.) P. 196, pi. 11. 13 October 1840, P. L. 5. In the matter op the Applica- "^ In the Court of Com- TiON OF "The Penn Lyceum" V mon Pleas of Chester FOR Incorporation. J County. And now, to wit, December 1, 1856, it appearing to the Court that publication of notice of the application of the said " The Penn Lyceum" for a charter of incorporation, has been made according to law, in pursuance of the order of the Court in that behalf made at the last term thereof; and no sufficient reason being shown to the contrary, it is decreed and declared by the Court that the persons associated under the name of " The Penn Lyceum" shall, according to the articles and conditions in the within instrument set forth and contained, become and be a corporation or body politic; and the court do further direct that this charter of incorporation be recorded in the office for the recording of deeds in said county of Chester. 4. Petition to Amend Charter. p. 197, pi. 18. 13 October 1840, P. L. 6. To the Honorable, the Judges of the Court of Common Pleas of the County of Chester : The petition of The Penn Lyceum of said County respectfully represents : That by virtue of a decree of this Court made the first day of December, a. d. one thousand eight hundred and fifty-six, the petitioners were created a corporation or body 120 CORPORATIONS. politic, according to the articles and conditions set forth in a certain instrument of writing presented to and approved by this Court and hereto annexed ; that the said corporation is situated in said county of Chester, and transacts its principal business therein ; that by the twentieth article in the said instrument of writing it is provided that alterations and amendments of the articles and conditions of the said instrument of writing or con- stitution upon which said corporation was formed, may be made by two-thirds of the corporators present at a stated meeting of said corporation, provided that the said alterations and amend- ments shall have been proposed at the stated meeting imme- diately preceding ; that at a stated meeting of said corporation held on the first day of April, a. d. one thousand eight hundred and sixty, more than two-thirds of said corporators present adopted the improvements, alterations and amendments specified in the instrument of writing, herewith exhibited to the Court, and that the said improvements, alterations and amendments had been proposed at the stated meeting immediately preceding, held on the first day of January in the same year. The petitioners therefore pray the Court to peruse and ex- amine the said instrument, and if the improvements, alterations and amendments therein set forth and contained are and will be lawful and beneficial, to make such order with regard to the same, as is directed by the Act of Assembly in such case made and provided; and, if no sufficient reason be shown to the con- trary, to decree that the said improvements, alterations and amendments shall be deemed and taken to be a part of the instrument upon which said corporation was formed and estab- lished, to all intents and purposes as if the same had been originally made part thereof. And they will, &c. ExocH JOXES, President. George Rex, Secretary. Chester county, ss. George Ptex, being duly sworn, says, that Enoch Jones, whose CORPOKATIONS. 121 name is signed to the foregoing petition, is the President, and this deponent is the Secretary of the Penn Lyceum ; and that the names signed to said petition are respectively in the hand- writing of the said Enoch Jones and this deponent ; that the improvements, alterations and amendments contained in the instrument of writing in said petition mentioned, Avere proposed and adopted as is therein set forth, and that the said Enoch Jones and this deponent as President and Secretary aforesaid^ were directed by said corporators to sign the said petition on behalf of the said corporation. Sworn and subscribed, April 2,^ George Rex. A. D. 1860, before Henry Fleming, Justice of the Peace. 5. Bail on Ajypcal by Corporation. P. 199, pi. 31. 21 March 1849, P. L. 216. John GREoa V. In the Court of Common Pleas of ^ ^ "* I Chester County. The Royal Insurance ( ^^ ^g .^^ ^^^ ^^^ Company. J The above-named defendants, — by John Jones, their agent (or as the case may be), and Robert Roth of the County of Chester and State of Pennsylvania, acknowledge themselves to be indebted to John Gregg, the above-named plaintiff, in the sum of one thousand dollars, lawful money of the United States, to be levied of their respective goods and chattels, lands and tenements, and to be void on this condition that the said defend- ant shall and will pay to the plaintiiF such sum and sums as shall be finally adjudged to be due to him, the plaintiff in the above- stated suit, together with interest and costs thereon. Taken and acknowledged August 10, A. D. 1856, before James Davis, Prothonotary. John Jones, Robert Ruth. 122 CORPORATIONS. 6. Petition for Sequestration. p. 200, pi. 45. 16 Jane 1S36, P. L. 775. John Gregg V. The Pexx Railroad COMPAXY. In the Court of Common Pleas of Chester County. Of April Term, 1855. No. 10. Debt. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg, the above-named plaintiif, respect- fully represents : That on the fifth day of June, in the year of our Lord one thousand eight hundred and fifty-six, he obtained a judgment in the above-stated suit against the defendant there- in, for the sum of one thousand dollars ; that a writ of Fieri Facias, No. 4, to July Term, A. d. 1855, has been issued out of this Court upon said judgment, to -which the Sherifi" of said county returned that he had seized and taken in execution a certain messuage, warehouse and lot of land situate in the town- ship of Penn in said county, bounded by lands of John Jones, George Smith and others, containing one acre more or less, with the appertenances : that a writ of Venditioni Fxponas, No. 5, to October Term of the same year, was issued out of said Court upon the same judgment, to which the Sheriff returned that he had sold the said messuage, &c., to Robert Wills for the sum of five hundred dollars, and had the said money before the Court. The petitioner further represents, that after deducting costs, he has received by virtue of said judgment and execution, the sum of four hundred and fifty dollars, and that the said judg- ment remains unsatisfied to the extent of five hundred and seventy dollars. The petitioner therefore prays the Court to award a writ to sequester the goods, chattels, credits, rents, issues and profits, tolls and receipts from the roads and other works, property and estate of the said The Penn Railroad Company, according to the Act of Assembly iii such case made and provided. And he will, &c. John Gregg. (Afiidavit of truth of petition to be appended.) CORPORATIONS. 123 7. Writ of Sequestration. p. 200, pi. 45, 46. 16 June 1S36, P. L. 775. Chester county, ss. The Commonwealth of Pennsylvania, to Job Jackson of Chester County, Greeting : Whereas, by our writ of Fieri Facias, tested the tenth day of June last past, We commanded the Sheriif of Chester County that of the goods and chattels, lands and tenements of The Penn Railroad Company in his bailiwick, he should cause to be levied, as well a certain debt of one thousand dollars, lawful money of the United States, which John Gregg lately in our County Court of Common Pleas before our Judges at West Ches- ter, recovered against the said The Penn Railroad Company, as also seventy-two shillings, which to the said John Gregg, in our same Court were adjudged for his damages which he sustained by occasion of the detention of that debt : whereof the said The Penn Railroad Company was convict, as appeared of record, &c. And that he should have that money before our Judges at West Chester, at our County Court of Common Pleas, there to be held, on a day certain in our said writ contained, to render the said John Gregg for his debt and damages aforesaid : and that he should have then and there that writ ; on which said day he to our said Judges did return, that by virtue of our said writ to him directed, he had seized and taken in execution a certain messuage, warehouse and lot of land, situate in the township of Penn, in said county, bounded by lands of John Jones, George Smith and others, containing one acre more or less, with the appertenances, late the property of the said The Penn Rail- road Company, which remained in his hands unsold for want of buyers, &c. And whereas, by our writ of Venditioni Ex.ponas, tested the first day of August last past, we commanded the said Sheriff, that the said messuage, warehouse and lot of land with the appertenances by him so taken in execution, he should without delay expose to sale, and should have that money before our Judges at West Chester, at our County Court of Com- mon Pleas, there to be held, on a day certain in our said writ 124 CORPORATIONS. contained ; on whicli said day he to our said Judges did return that by virtue of our said last-mentioned writ he had sold said premises to Robert Wills for the sum of five hundred dollars, and had said money before our said Judges, &c. And whereas the said John Gregg has shown to us that the said judgment remains unsatisfied to the extent of five hundred and seventy dollars. And whereas our said Court has appointed you, the said Job Jackson, sequestrator in this behalf: We therefore authorize and command you to sequester the goods, chattels, rents, issues and profits, tolls and receipts from the roads, bridges and other works and property of the said The Penn Railroad Company, and your doings in the premises, you shall from time to time report to our said Court, &c.(a) Witness the Honorable Townsend Haines, Esquire, President Judge of our said Court at West Chester, the tenth day of No- vember, A. D. one thousand eight hundred and fifty-nine. James Davis, Prothonotary. 8. Petition for Discovery of Effects. p. 201, pi. 48. 14 April 1S2S, 10 Sm. L. 21.3. John Gregg 1 In the Court of Common Pleas of y. Chester County. The Penn Railroad [ Of May Term, 1859. No. 10. Company. J Debt, $1000. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg, the above-named plaintiff, re- spectfully represents, That on the fifth day of June last past, a judgment in the above-stated action, was rendered in his favor against the defendant therein, for the sum of one thousand dollars and a writ of Fieri Facias, No. 4, to August Term last, was issued out of this Court upon said judgment, to which the Sheriff of said county returned, that the said The Penn Rail- road Company had no goods, chattels, lands or tenements (a) Beits T. Harrishurg Railroad Co., 4 P. L. J. 322. COUNTIES AND TOWNSHIPS. 125 whereof to levy the said judgment, and that no property of the defendant can be found on which an execution may be levied : The petitioner further represents that he verily believes that the effects of the said The Penn Railroad Company are concealed for the purpose of avoiding the payment of their debts ; the petitioner further representing that John Reed is the President, William Jones is the Secretary, and George Rose is the Treasurer of said company, prays the Court to issue a citation directed to the said John Reed, William Jones and George Rose, commanding them to appear in this Court on a day certain and answer such interrogatories as may be put to them and each of them, touching the effects of the said company. And he will, &c. John Gregg. (Affidavit of truth of petition to be appended.) COUNTIES AND TOWNSHIPS. 1. Execution. P. 203, pi. 11, 12. 15 April 1831, P. L. 538. Chester county, 88. The Commonwealth of Pennsylvania, to John [Seal.] Reed and George Rose, Supervisors of the Township of Penn in said county. Greeting : Whereas John Gregg, lately, to wit, on the first day of March last, in our Court of Common Pleas of the County of Chester, before our Judges at West Chester, recovered against the said Township of Penn a judgment for the sum of one hundred dol- lars besides costs, and it is represented to us that the same remains unpaid : These are therefore to command you to cause the amount of said judgment with interest and costs, amounting to one hundred and twenty dollars, to be paid to the said John Gregg out of any moneys unappropriated of said Township of Penn ; and if 126 COUx\TY AUDITORS. there be no such moneys unappropriated, that you cause the same to be paid out of the first moneys that shall be received for the use of said township. Witness the Honorable Townsend Haines, Esquire, President Judge of our said Court, at West Chester, the tenth day of March, in the year of our Lord one thousand eight hundred and fifty-five. I James Davis, Prothonotary. COUNTY AUDITORS. 1. Warrant of Commitment of Witness. p. 207, pi. 12. 15 April 1834, P. L. 545. Chester county, ss. The Commonwealth of Pennsylvania, to the Sherifi" of the County of Chester, Greeting : Whereas James Green, having appeared for examination before the Auditors of said county of Chester, duly convened according to law at the Court-house in the Borough of West Chester, on the sixth day of January, A. D. one thousand eight hundred and fifty-nine, and having been duly sworn and the said Auditors having required the said James Green to make answer to certain questions then and there put to him by them touching the public accounts of George Watt, Treasurer of said county, which accounts the said Auditors were then and there proceeding to audit, settle and adjust according to law, and the said James Green, upon request by said Auditors, having refused to make answer to said questions : These are therefore to command you, the said Sheriff, to take the body of the said James Green and convey him to the keeper of the jail of said county, who is hereby required to receive COUNTY AUDITORS. 127 the said James Green into his custody in said jail, and him safely keep until he shall submit to make answer to such ques- tions, or be otherwise legally discharged. Witness the hands and seals of said Auditors, the sixth day of January, A. D. one thousand eight hundred and fifty-nine. Job Hirst, [l. s.] John Taylor, [l. s.] Rees Welch, [l. s.] 2. Appeal of Treasurer from Report. P. 207, pL 16, 17. 15 April 1834, P. L. 545. In the Matter of the Report of the Auditors of the County of Chester, on the account of George Watt, Treasurer of said county, filed February, a. d. 1859. March 1, 1859, George Watt, above named, appeals from said report to the Court of Common Pleas of said county. George Watt. We, George Watt above named, Robert Green and James Rees, acknowledge ourselves to be indebted to the County of Chester, in the sum of two thousand dollars, lawful money of the United States, to be levied of our goods and chattels, lands and tenements respectively, if default be made in the following condition : Whereas the Auditors of the County of Chester have made report to the Court of Common Pleas of said county, that there is a balance of one thousand dollars due from the said George Watt, as Treasurer aforesaid to the said county, which report was filed amongst the records of said Court on the first day of February last, and the said George Watt has appealed from said report to said Court : Now the condition of this obligation is such, that if the said George Watt shall prosecute his said appeal with effect, and shall pay the costs and such sum of money as he shall appear by the verdict of the jury to be indebted to the said county, 128 COUNTY TREASURER. then this recognisance to be void, or else to be and remain in full force and virtue. Taken and acknowledged March 1, A. D. 1859, before Townsend Haines, f James Rees. Pres. 15th Jud. Dist. George "Watt, Robert Green, COUNTY TREASURER. 1. Petition for Removal of County Treasurer. p. 1271, pi. 1. 27 May 1841, P. L. 401. To the Honorable the Judges of the Court of Quarter Sessions of Chester County. The petition of Marshall Ingrahaoi. Nathan Grim, and Alban Wood, Commissioners of Chester County, respectfully repre- sents : That John Gregg, the county treasurer of said county, as they verily believe, has been and is embezzling (or as the case may be) the public moneys committed to his charge (setting out the facts which are the grounds of their belief). They there- fore pray the Court, if they believe this complaint well founded, to make an order for the removal of said treasurer (or as the case may be). And they will pray, &c. Marshall Ingram, Nathan Grim, October 1, 1850. Alban Wood. 2. Decree of Removal of County Treasurer. P. 1271, pi. 1. 27 May, 1841, P. L. 401. Lsr the Matter of the Appli- ^ t .i /^ c r^ o I In the Court oi Quarter fees- cation for the removal of I . „ ^, ^ . T n /-( X m r sions 01 Chester County, oi John Gregg, County Trea- ( _ , ^ ^o^a ' ^ J October Term, 1860. surer. ^ ' DECEDENTS. 129 And noAv, December 10, 1860, the Court having heard the complaint of the County Commissioners in the above matter, and believing the said complaint well founded, do order and decree that the said John Gregor be removed from the office of County Treasurer aforesaid. DECEDENTS. Before the Register of Wills of said County of Chester. 1. Suggestion of Existence of Will. p. 273, pi. 2. 15 March 1832, P. L. 136. In the Estate of John Gregg, late of the Township of Penn, in the County of Ches- ter, deceased. May 5, 1859. Charles Gregg, one of the sons of the above- named John Gregg, deceased, and interested in this estate, gives the said Register to be informed, that the said John Gregg died on or about the tenth day of March last, having made a testa- mentary writing, which the said Charles Gregg alleges is the last will and testament of said deceased, and that the said writ- ing is in the possession or control of one George Wills ; the said Charles Gregg therefore requests that a citation may be issued to the said George Wills, requiring him to produce and deposit the said testamentary writing in the office of the said Register for probate. Charles Gregg,^ Chester county, ss. Charles Gregg, being duly sworn, says that the statements in the foregoing suggestion are true as he verily believes. Sworn and subscribed. May 5, 1859, before William Baker, Register. 9 Charles Gregg. 130 DECEDENTS. 2. Citation to Produce Will. p. 273, pi. 2. 15 March 1S32, P. L. 136. Chester county, ss. The Commonwealth of Pennsylvania, To George Wills, Greeting : Whereas it has been represented to William Baker, Register of Wills of the County of Chester, by Charles Gregg, that you have in your possession or control a testamentary writing, alleged to be the last will and testament of John Gregg, late of the Township of Penn, in said county, deceased : These are therefore to require you forthwith to produce and deposit said writing in the office of the said Kegister in the Borough of West Chester for probate. Herein fail not at your peril. Witness the said Register and his seal of office at West Chester aforesaid, the fifth day of May, A. D. one thousand eight hun- dred and fifty-nine. William Baker, [Seal.] Register. 3. Register s Citation to Witness. p. 273, pi. 3. 15 March 1S32, P. L. 136. Chester county, ss. The Commonwealth of Pennsylvania, To John Green, Greet- ing : You are hereby commanded to appear at the office of the Register of Wills in the Borough of West Chester and County of Chester, on the twentieth day of May instant, at ten o'clock in the forenoon of said day, to depose and testify what you may know concerning the execution of a certain testamentary writ- ing, alleged to be the last will and testament of John Gregg, late of the Township of Penn, in said County, deceased. Herein fail not under a penalty of three hundred dollars. Witness William Baker, Esq., Register of Wills of said county, and the seal of said office at West Chester aforesaid, DECEDENTS. 131 the fifth day of May, a. d. one thousand eight hundred and fifty-nine. William Baker. [Seal.] Register. 4. Attachment for Witness before Register. p. 273, pi. 3. 15 March 1832, P. L. 136. Chester county, ss. [Seal.] The Commonwealth of Pennsylvania, to the Sheriff of said county ; Greeting. Whereas a citation was, on the fifth day of May instant, duly issued by William Baker, Register of Wills of said county, directed to John Green, commanding him to appear before the said William Baker at his office in the Borough of West Chester, on the twentieth day of the same month of May, to depose and testify what he, the said John Green, might know concerning the execution of a testamentary writing alleged to be the last will and testament of John Gregg, late of the township of Penn in said county, deceased ; and whereas it has been made to appear to the said Register, that the said John Green is within the said county (or "within thirty miles of said office," as the case may be), and that said citation has been duly served more than five days before the said twentieth day of May, and the said John Green has refused and neglected to appear as commanded by said citation : Now these are to command you, that you take the said John Green and have him forthwith (or on a day cer- tain, naming the day), before the said Register at his office aforesaid, then and there to answer for disobedience of said cita- tion and such other n^atters as may be lawfully objected against him and not depart without leave. Witness the said Register, and his seal of office, at West Chester aforesaid, the twentieth day of May, a. D. one thousand eight hundred and fifty-nine. William Baker, Register. 132 DECEDENTS. 5. Interrogatories before Register. p. 273, pi. 4. 15 March 1S32, P. L. 136. In the Matter or the probate of"^ A testamentary writing, alleged to be the last will and testament of . ,„.,, i- ,, />■ -, ^ , „ , , . > VVills of the County John Gregg, late ot the township j f pu f^ > of Penn in the County of Chester, deceased. Before the Register of Wills of tl of Chester. Interrogatories to be proposed to witnesses that may be pro- duced, sworn or affirmed and examined in the above matter on behalf of Charles Gregg, the party producing said writing and asking that the same may be admitted to probate. Interrogatory 1st. Did you know the above-named John Gregg, deceased ? If so, when and where did you know him ? Interrogatory 2d. (As the inquiries may be.) " 3d, &c. (As the inquiries may be.) " (As the number may be.) Do you know any other matter or thing that may be material to the said Charles Gregg. If so, state the same fully and at large as if thereto particularly interrogated. May 5, 1859. Charles Gregg. Commissioners on the part of the said Charles Gregg at Staunton, in the County of Augusta and State of Virginia. Robert Baldwin, Esq., William Boyd, Esq. (or either of them.) The Register of Wills of the County of Chester is requested to issue a commission in the above matter, to take the deposi- tions of witnesses upon the foregoing interrogatories. May 5, 1859. Charles Gregg. 6. Commission to take Depositions to he read before Register. p. 273, pi. 4. p. 860, pi. 13. 15 March 1832, P. L. 136. Commonwealth of Pennsylvania, 1 Chester County. J ro 1 n The Commonwealth to Robert Baldwin and William [Seal.] -n 1 r^ Boyd ; Greeting : DECEDENTS. 133 Know you, that in confidence of your prudence and fidelity, we have appointed you and, by these presents, do give unto you and either of you full power and authority in a certain matter depending before our Register of Wills, for the said County of Chester, touching the probate of a testamentary writing, alleged to be the last will and testament of John Greo-o;, late of the Township of Penn in said County of Chester, deceased, to call before you at a certain day and place, by you for that purpose to be appointed, all and every person and persons who may be named to you, as well on the part of Charles Gregg, who has produced and asked the probate of said will, as on the part of John Green who opposes the said probate, as witnesses in said matter : and then and there examine each of the said witnesses on their oaths or affirmations touching the premises, and reduce their testimony to writing. And when you shall have so done, you are to send the same before our said Register of Wills at the Borough of West Chester in said County of Chester, together with the interrogatories and answers thereto, under your hands and seals, or the hand and seal of either of you. Witness William Baker, Esquire, Register of Wills aforesaid and his seal of office at West Chester in said County of Chester, this sixth day of May, in the year of our Lord one thousand eight hundred and fifty-nine. William Baker, Register. 7. Appeal from Register. p. 861, pi. 20. 15 March 1832, P. L. \i^. In the Estate of John 1 Before William Baker, Esq., Regis- Gregg, deceased. J ter, &c., of Chester County. April 1, 1860. John Green appeals to the Register's Court of said county from the decision of the Register admittin.g the will of the said John Gregg to probate. John Green. 134: DECEDENTS. 8. Citation to Register s Court. p. 861, pi. 21. 15 March 1832, P. L. 146. Chester county, ss. rci ^ -I The Commonwealth of Pennsylvania to Charles [Seal.] ^ ^ . *^ Gregg ; (ireeting. Whereas it was so proceeded in before our Register of Wills of the said County of Chester, in the matter of a certain testamen- tary writing alleged to be the last will and testament of John Gregg, late of the Township of Penn in said County of Chester, deceased, that the said Register did, on the first day of March in the year of our Lord, one thousand eight hundred and sixty, by his decision admit the said will to be proved, as the last will and testament of the said John Gregg ; and whereas James Green, who denied that the said writing was the last will and testament of the said John Gregg, deceased, did on the first day of April last, appeal from said decision to the Register's Court of said County of Chester, and the said Register did thereupon ap- point that a Register's Court for the decision of said appeal, be held at the Court-house in the Borough of West Chester, on the first day of May next, at ten o'clock in the forenoon of said day. These therefore are to warn you the said Charles Gregg, to appear at said time and place and you shall be heard. Witness William Baker, Esq., Register aforesaid and his seal of office, at West Chester, the first day of April, in the year of our Lord one thousand eight hundred and sixty. William Baker, Register. 9. Appeal from Register s Court, Affidavit and Recognisance. p. 802, pi. 24. 15 March 1832, P. L. 146. In the Estate of Joiin)^" ^^^ Register's Court of Chester Gregg, deceased. j County. In the matter of the probate of the alleged will of the said John Gregg, deceased. DECEDENTS. 135 May 10, 1860. James Green, a party aggrieved by the final sentence and decree of the Register's Court in the above mat- ter, in which the matter in controversy exceeds one hundred and fifty dollars, appeals from said sentence and decree. John Green. Chester county, ss. John Green, the above-named appellant, being duly sworn, says that the above appeal is not intended for delay. Sworn and subscribed, May "j John Green. 10, 1860, before V John Graves, J. P. J 10. Recognisance of Appellant from Register s Court. Chester county, ss. We, James Green, the above-named appellant, Seth Jones, and Abel Lea, all of said county, severally acknowledge our- selves to be indebted to the Commonwealth of Pennsylvania in the sum of five hundred dollars, lawful money of the United States, to be levied of our respective goods and chattels, lands and tenements, and to be void on this condition, that the said John Green shall prosecute said appeal with efi'ect, and pay all costs that may be adjudged against him. (a) Taken and acknowledged ^ James Green, May 10, 1860, before I Seth Jones, William Baker, j Abel Lea. Register. ^ 11. Caveat against Will. p. 273, pi. 5. 15 March 1832, P. L. 136. To William Baker, Esquire, Register of Wills of the County of Chester. Let nothing be done in the probate of any testamentary (a) See Brightly's Purd. p. 625, pi. 48. 136 DECEDENTS. writincT alleged to be the last will and testament of John Gregg, late of the Township of Penn in said county, deceased, without notice to the undersigned, interested in the estate of said deceased. Charles Gregg. May 5, 1859. 12. Request for Issue on Will. p. 273, pi. 5. 15 March 2832, P. L. 137. „ / ( Before the Register of Chester Gregg, late of the > p -r, I county. Township of Penn. J Charles Gregg, a son of said deceased, and interested in his estate, objects to the probate of the testamentary writing offered for probate as the last will and testament of the said John Gregof, deceased, and alleges, as the ground of such objection, that the said John Gregg was not of sound and well disposing mind and memory at the time the said writing is alleged to have been executed by him ; and that the execution thereof was procured by duress, fraud, and imposition, and undue influence exercised over the mind of the said deceased (as the case may be). He, said Charles Gregg, therefore requests the Register of Wills of said county to issue a precept to the Court of Common Pleas of said county, directing an issue to be formed to try the validity of said writing. May 6, 1859. Charles Gregg. 13. Citation on Ajyplication for Probate of Nuncupative Will. p. 274 , pi. 9. 15 March 1S32, P. L. 137. In the Matter of the alleged Nun-^ -^ „ , -r. • ,„ -r /^ I i>eiore the Register cupative \\ill of John Gregg, f „ ,„.,, ° , late of the Township of Penn, in the f ^ p ^, f^ ^ p r^^ ^ \ i ) Countv ot Cucster. County or Chester, deceased. ^ *^ To Jane Gregg, widow, and Samuel Gregg, brother of said deceased (or as the case may be). DECEDENTS. 137 Whereas Charles Gregg has made application that the nun- cupative will of John Gregg above named be admitted to pro- bate by the Register of Wills of said county : You and each of you are therefore notified to appear at the office of said Register of Wills in the Borough of West Chester on the tenth day of May next, at 10 o'clock in the forenoon of said day, to contest such probate if you please. Witness the said Register and his seal of office, at West Chester, the twentieth day of April, a. d. one thousand eight hundred and fifty-nine. William Baker, [Seal.] Register. 14. Nuncupative Will made at Home, and Prolate. p. 1017, pi. 8, 10. 8 April 1833, P. L. 249. Nuncupative will of John Gregg, late of the Township of Penn in the County of Chester, deceased. (Here set out the words.) Chester county, ss. John Robb and George Good, being severally duly sworn declare and say, that the foregoing paper contains the testa- mentary words or the substance thereof, declared by John Gregg therein named, on the first day of April, A. D. one thou- sand eight hundred and fifty, and that at the time of his declar- ing the same the said John Gregg was of sound and well disposing mind and memory, to the best of the knowledge and belief of said deponents ; the said deponents further say, that the said testamentary words were declared by the si id John Gregg in the house of his habitation in the said Township of Penn, where he had resided for more than ten days, in such extremity of his last sickness, as to preclude a written will and that the said John Gregg, at the time of pronouncing the said words, did bid these deponents, being then and there present 138 DECEDENTS. at the making of said will, to bear -witness that the said words were his will or to that effect. (a) Sworn and subscribed, May 10, -. JoHX RoBB, A. D. 1850, before ( George Good. William Baker, f Reo-ister. ^ 15. Probate of Nuncupative Will made from Home. p. 1017, pi. 8. 8 April 1833, P. L. 249. Chester county, ss. John Robb and George Good, being severally sworn declare and say, that the foregoing paper contains the testamentary words or the substance thereof, declared by John Gregg therein named, on the first day of April, a. d. one thousand eight hun- dred and fifty, and that at the time of his declaring the same the said John Gregg was of sound and well disposing mind and memory, to the best of the knowledge and belief of these depo- nents ; the said deponents further say that the said testamentary words were declared by the said John Gregg at the house of Andrew Bear, Innkeeper in the City of Lancaster, in such extremity of his last illness, as to preclude a written will, the said John Gregg having been surprised by sickness, being from his own house, and having died before he returned home, and that the said John Gregg, at the time of pronouncing the said words, did bid these deponents, being then and there present at the making of said will, to bear witness that the said words were his will, or to that effect. (a) Sworn and subscribed. May 10, ^ John Robb, 1850, before I George Good. William Baker, f Register. (a) See YarnaU's Will, 4 R. 46 j Porter's Appeal, 10 Barr 2.54; Haus T. Palmer, 9 H. 296. DECEDENTS. 139 16. Certificate of Probate of Will in another State. p. 274, pi. 11. 15 March 1832, P. L. 137. State of Ohio, Butler county, ss. I, John Thomas, Judge of the Probate Court of Butler County aforesaid, and as such having power to receive probate of the will hereafter mentioned, do certify that the foregoing is a true copy of the whole record of the proceedings for the probate of the original will of John Robb, late of the said County of But- ler, deceased, and of the letters testamentary issued thereon to George Good, the executor named in said will. Witness my hand and the seal of said Probate Court, the first day of April, A. D. one thousand eight hundred and fifty-five. John Thomas, Judge of Probate of Butler County, Ohio. [Seal.] State of Ohio, ss. I, John Shaw, Chief Justice of the Supreme Court of the State of Ohio, in which the within-mentioned will was proved, do certify that the same appears to have been duly proved and to be of force, and that the attestation is in due form. Witness my hand the first day of April, A. D. one thousand eight hun- dred and fifty-five. John Shaw, Chief Justice of Supreme Court of State of Ohio. 17. Exception to Surety in Administration Bond. p. 277, pi. 24. 15 March 1832, P. L. 143. In the Matter op the Estate of'^ _, „ ^i -r, • x p „ - f. , m 1 • Before the Kegister oi John Gregg, late oi the iownship ,,^.,, ^ , ^ • , n . V rn . Y ^ills of the Couuty 01 Penn, in the County ot Chester, -. ^i, , , ,. , . of Chester, deceased, who died intestate. J 140 DECEDENTS. To William Baker, Esq., Register of Wills. I, Georjie Greufw, a son and one of the next of kin of the said John Gregg, and interested in his estate, do except to the sufficiency of John Robb and James Good as sureties in the administration bond with Sarah Gregg, Administratrix, &c., of the said John Gregg, deceased ; and I do further except to the sufficiency of the sum of five thousand dollars, in which the said Administratrix and sureties are bound in said bond. George Gregg. April 1, 1857. 18. Notice to Administratrix of Exceptions to Bond. p. 277, pi. 24. 15 March 1S32, P. L. 143. In the Matter of the Estate of^ -r, „ . .„ . ^ ^ , ,. , m 1 • iieiore the Kegister ot John Gregg, late ot the iownship ,„.,, c ^ r^ ^ -r. ■ I r^ n r^^ Y ^llls of the CoUnty 01 fenn, m the (Jounty ot Chester, „ ^, , ' "^ of Chester. deceased. To Sarah Gregg, Administratrix, &c., of said John Gregg, deceased. You will take notice that exceptions have been this day made by George Gregg, a son and one of the next of kin of the said John Gregg, deceased, and interested in his estate, to the suffi- ciency of John Robb and James Good, the sureties with you in your administration bond in said estate, and also to the suffi- ciency of the sum of five thousand dollars in which you with said sureties are bound in said bond, and you are required to appear before me at my office, in the Borough of West Chester, on the ninth day of April, A. D. one thousand eight hundred and fifty, at ten o'clock A. M. of said day, to show cause against the allow- ance of said exceptions. Witness my hand, and the seal of said office, the first day of April, one thousand eight hundred and fifty. William Baker, [Seal.] Register. DECEDENTS. 141 19. Order of Register on sustaining Exeeptions. p. 277, pi. 2J. 15 March 1832, P. L. 143. In the Matter of the Estate of] ^^^^^^ ^^^^ ^.^^^ ^^ John Gregu, late of the Township I ^.^^^ ^^ ^^^ ^ of Penn in the County of Chester, | f. pi , deceased. J And now, April 9, A. D. 1850, upon the hearing of the objec- tions of George Gregg, a son and one of the next of kin of the said John Gregg, deceased, to the sufficiency of John Robb and James Good, the sureties with the said Sarah Gregg, Adminis- tratrix, &c., of said deceased in the administration bond, and also to the sufficiency of the sum of five thousand dollars in which said Administratrix and sureties are bound, and also hearing the said Sarah Gregg, it is ordered by William Baker, Register aforesaid, that the said Sarah Gregg do find at least one additional surety with her as Administratrix aforesaid in the said sum of five thousand dollars, said sum being in the opinion of the Register, suflBcient. 20. Order of Register on Administratrix refusing to give additional Security. P. 277, pi. 24. 15 March 1832, P. L. 143 In the Matter of the Estate of^ John Gregg, late of the Township of Penn in the County of Chester, deceased. Before the Register of ). Wills of the County of Chester. And now. May 10, a. d. 1850, Sarah Gregg, Administra- trix, &c., of said John Gregg, deceased, having neglected to comply with the order of the Register, made on the ninth day of April last past, requiring her to find at least one additional surety with her as Administratrix aforesaid in the sum of five thousand dollars ; the letters of administration on the estate of the said John Gregg, deceased, heretofore granted to the said 142 BECEDENTS. Sarah Gregg are revoked, and letters of administration de bonis 7ion, &c., of the said John Gregg, deceased, are granted to the said George Gregg, the person next in law entitled thereto, he entering into bond to the Commonwealth in usual form in the sum of five thousand dollars, with Robert Reed and John Thomas as his sureties. 21. Letters of Administration de bonis non. p. 277, pi. 24. 15 March 1832, P. L. 143. Chester county, ss. I, William Baker, Register of "Wills and granting Letters of Administration in and for the County of Chester, in the Com- monwealth of Pennsylvania. P^ , T To George Gregg ; Greeting. Whereas John Gregg, of the Township of Penn in said county, lately died intestate, having, whilst he lived and at the time of his death, divers goods and chattels, rights and credits within said county, by means whereof and the laws and usages of this Commonwealth, the power of granting Letters of Administration thereof is in me vested, since whose death administration of all and singular the goods, chattels and credits of said deceased was granted to Sarah Gregg, who, after taking such administration upon her, intermeddled in the said goods, chattels, rights and credits, and said letters of administration were afterwards revoked (or as the case may be), leaving some part thereof un- administered and not fully disposed of. Now I, the said Register, in order that the said unadministered goods, chattels and credits may be well and faithfully administered, applied and disposed of according to law. Do hereby grant unto you, the said George Gregg, full power to administer tlie goods and chattels, rights and credits which were of the said deceased, left unadministered as aforesaid, and to ask, levy, recover and receive the credits whatsoever of the said deceased, which at the time of his death were owing or did in any way being to him, and pay the debts in which the said deceased stood obliged, so far as the said DECEDENTS. 143 goods and chattels, rights and credits will extend, according to their rate and order of law. And I do hereby require you, the said George Gregg, upon your solemn oath, well and truly to administer the said unad- ministered goods and chattels, rights and credits of said deceased, according to law, and also diligently and faithfully to regard, and well and truly to comply with the provisions of the law relating to Collateral Inheritances. And I do, by these presents, ordain, constitute and depute you, the said George Gregg, Administrator of all and singular the goods and chattels, rights and credits, which were of the deceased left unadministered as aforesaid, saving harmless and for ever indemnifying me and all other oiBcers against all per- sons by reason of your administration aforesaid, and saving all others their rights, &c. In testimony w^hereof, I have caused the seal of the Regis- ter's OGEice of this county to be hereunto affixed, dated at West Chester the tenth day of May, A. D. 1850. William Baker, Register. 22. Petition for Guardian of Minor over fourteen. p. 278, pi. 31. 29 March 1832, P. L. 191. To the Honorable, the Judges of the Orphans' Court of the County of Chester : The petition of George Gregg respectfully represents, That the petitioner is a minor child of John Gregg, late of the Town- ship of Penn in said county of Chester, deceased, above the age of fourteen years, is resident within said county, and has no Guardian to take care of his person and estate. He therefore prays the Court to admit him to make choice of a guardian for the purpose aforesaid. And he will, &c. April 2G, 1859. George Gregg. 144 DECEDENTS. 23. Petition for Guardian of Minor under fourteen. p. 278, pi. 31. 29 March 1832, P. L. 191. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, by his mother and next friend, Sarah Gregg, respectfully represents. That the petitioner is a minor child of John Gregg, late of the Township of Penn in said county, deceased, under the age of fourteen years, is resi- dent within said county, and has no guardian to take care of his person and estate. He therefore prays the Court to appoint a guardian for the purpose aforesaid. James Gregg, by his Mother, April 26, 1859. Saeah Gregg. 24. Petition to change Guardian. p. 278, pi, 31. 29 iMarch 1832, P. L. 191. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of William Gregg respectfully represents. That the petitioner is a minor child of John Gregg, late of the Township of Penn in said county, deceased, and is a resident within said county : That on the first day of May, A. D. one thousand eight hun- dred and fifty, this Court appointed George Jones guardian of the petitioner's person and estate, the petitioner being then under the age of fourteen years ; that he has now arrived at the age of fourteen years, and prays the Court to admit him to make choice of a guardian for his person and estate.((if) And he will, &c. April 1, 1859. William Gregg. (a) Lee's Appeal, 3 Cas. Eq. 229. DECEDENTS. 145 25. Petition of Executor, for Guardian for Non-Resident Minor. p. 278, pi. 32. 25 April 1850, P. L. 576. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Robb, Executor, &c., of Charles Robb, late of the Township of Penn in the said County of Chester, deceased, respectfully represents. That, by the will of said Charles Robb, a legacy of five hun- dred dollars was bequeathed to George Rex, a minor under the age of fourteen years, residing in the County of Butler, and State of Ohio; that said legacy is within the jurisdiction of this Court, being in the hands of the petitioner, who as Executor aforesaid, is interested in said estate. The petitioner therefore prays the Court to appoint a Guar- dian of the said estate of the aforesaid minor. And he will, &c. John Robb. April 1, 1859. (AflSdavit of truth of petition to be appended.) 26. Petition of Foreign Guardian to he appointed in this State. p. 278, pi. 36. 29 March 1832, P. L. 191. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Thomas, of Butler County in the State of Ohio, respectfully represents. That he has been appointed by the Probate Court of the County of Butler, guardian of the person and estate of George Rex, a minor child of John Rex, late of the said County of Butler, deceased, as appears by a duly authenticated copy of the record of said Probate Court, hereto annexed : That the said George Rex is entitled, under the will of Charles 10 146 DECEDENTS. Robb, late of the Township of Penn in the said County of Ches- ter, deceased, to a legacy of five hundred dollars. The peti- tioner therefore prays the Court to appoint him Guardian of the person and estate of said minor in the State of Pennsylvania, on his giving security for the due performance of the trust, ac- cording to the Act of Assembly in such case made and pro- vided. And he ■will, &c. John Thomas. April 1, 1859. (Affidavit of truth of petition to be appended.) 27. Petition for Appointment of G-uardian of Child of Pro- fligate Father. p. 701, pi. 23. 4 May 1855, P. L. 430. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Charles Mann of said county, respectfully represents, That he is the maternal uncle of Thomas Reed, who is a minor child of George Reed of said county : That the said George Reed, by reason of drunkenness (or as the case may be), has neglected and refused to provide for his child, the said Thomas Reed ; that Martha Reed, the mother of the said child, is dead (or as the case may be). The petitioner therefore prays the Court to appoint a Guar- dian for said Thomas Reed, to perform the duties provided for by the Act of Assembly in such case made and provided. And he will, &c. April 1, 1859. Charles Mann. (Affidavit of truth of petition to be appended.) DECEDENTS. 147 28. Petition of Foreign Gruardian to Remove Property of Ward. P. 280, pi. 44. 21 April 1856, P. L. 495. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Thomas of Butler County in the State of Ohio, respectfully represents : That he is guardian of George Rex, a minor child of John Rex, late of the said County of Butler and State of Ohio, de- ceased, and that the petitioner and his ward both reside in the said County and State : That the said ward is entitled to the sum of five hundred dollars, under the will of Charles Robb, late of the Township of Penn in the said County of Chester, deceased, which sum of money is now in the hands of John Robb, Executor, &c., of the said Charles Robb, deceased, and said John Robb is also a resi- dent of said County of Chester. The petitioner herewith produces to this Court, from the Pro- bate Court of the said County of Butler, certificates according to the Acts of Congress in such cases, that he has given bond and security as guardian in the said Court, in the sum of one thousand dollars, and shows to this Court, by the will of the said Charles Robb herewith exhibited, that the removal of the said sum of five hundred dollars will not conflict with the terms or limitations attending the right by which the said George Rex owns the same. The petitioner, further showing to the Court that an act similar to that under which this application is made, exists in the State of Ohio,(a) therefore prays the Court to adjudge that the proof is satisfactory, that he has given bond and security as aforesaid and that the removal of said property will not con- flict with the terms or limitations aforesaid, in order that he (a) It is not known that such act exists in Ohio ; this is inserted to complete the form. 148 DECEDENTS. may demand and sue for and remove said property to the afore- said place of residence of himself and ward. And he will, &:c. April 1, 1859. John Thomas. (Affidavit of truth of petition to be appended.) 29. Order of Court authorizing Foreign Gruardian to Remove Ward's Property. p. 280, pi. 44, 45. 21 April 1856, P. L. 495. At an Orphans' Court, held and kept at "West Chester [Seal.] for the County of Chester, the first day of Api'il, Anno Domini one thousand eight hundred and fifty-nine, before the Honorable Townsend Haines, President, and his Associates, Justices present. Upon hearing the petition of John Thomas, guardian of George Rex, a minor child of John Rex, late of the Township of Butler in the State of Ohio deceased, and it appearing to the Court, that said John Thomas and George Rex his ward both reside in the said County of Butler, the Court adjudge the proof to be satisfactory that the said John Thomas has given bond and security in the said state of Ohio, in the sum of one thou- sand dollars, being double the amount of a legacy of five hun- dred dollars to which the said George Rex is entitled under the will of Charles Robb, late of the Township of Penn in the said County of Chester deceased, and the Court having found that the removal of the said sum of five hundred dollars will not conflict with the terms and limitations attending the right by which the said George Rex owns the said property or sum of money, according to the provisions of the Act of Assembly passed the twenty-first day of April, A. D. 1856, and the Court being satisfied that an act similar to the act aforesaid exists in the said State of Ohio, the said John Thomas is authorized to demand and sue for and remove said property or legacy afore- said to the said County of Butler and State of Ohio. By the Court, M. Ayars, Clerk. DECEDENTS. 149 30. Notice to Resident Guardian of Api^lication for his Discharge. p. 2S0, pi. 45. 21 April 1856, P. L. 495. To George Gregg, guardian, &c., of George Rex, a minor cliild of John Rex, late of the County of Butler, and State of Ohio, deceased. Sir, — Please to take notice, that an application will be made to the Oi'phans' Court of Chester County, on the first day of May next, for an order discharging you as resident guardian of said George Rex, and for delivering and passing over of the property of said minor, &c., to the undersigned, guardian appointed by the Probate Court of said County of Butler, in the State of Ohio. April 1, 1859. John Thomas. 31. Petition to discharge Resident Guardian. p. 280, pi. 45. 21 April 1856, P. L. 495. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Thomas, of Butler County, in the State of Ohio, respectfully represents : That he is guardian of George Rex, a minor child of John Rex, late of the same County of Butler, deceased, and that the petitioner and his ward both reside in the same County of Butler. The petitioner herewith produces an exemplification from the Probate Court of said County of Butler (the same being the proper Court), containing all the entries on record in relation to his appointment and giving bond, and authenticated as required by the Act of Congress in such cases. The petitioner further represents, that George Gregg, residing in said County of Chester, was on the first day of June, A. D. 1858, appointed by this Court guardian of the estate of the said George Rex ; the petitioner showing to the Court by a copy of notice and proof of service hereto annexed, that he has given thirty days' notice of this application to the said George Gregg, 150 DECEDENTS. and also that an act similar to that under which this application is made exists in the State of Ohio, therefore prays the Court to cause suitable orders to be made discharging the said George Gregg, and authorizing the delivery and passing over the pro- perty of the said George E-ex, in his possession, to the petitioner, and requiring receipts to be passed and recorded, if this Court shall deem it advisable. And he will, &c. May 1, 1859. John Thomas. (Affidavit of truth of petition to be appended.) 32. Order of Court discharging Resident Cruardian. p. 280, pi. 45. 21 April 1856, P. L. 495. At an Orphans' Court held and kept at West Ches- [Seal.] ter for the County of Chester, the first day of May, in the year of our Lord one thousand eight hundred and fifty-nine, before the Honorable Townsend Haines and his Associates, Justices present : Upon hearing the petition of John Thomas, and it appearing to the Court by exemplication from under the seal of the Pro- bate Court (being the proper Court), of the County of Butler, and State of Ohio, the residence of said John Thomas, contain- ing all the entries on record in relation to his appointment and giving bond, and authenticated as required by the Act of Con- gress, that the said John Thomas has been duly appointed guar- dian of the said George Rex and given bond with sufficient security ; and it further appearing that thirty days' notice has been given to George Gregg, the resident guardian of the said minor, of the intended application for the removal of the said George Gregg, and also that an act similar to the act under which this order is made exists in the State of Ohio : The Court do order that the said George Gregg be and he hereby is discharged from his duties and trust as guardian aforesaid, and DECEDENTS. 151 is authorized to deliver and pass over the property of said minor in his hands to the said John Thomas, who is hereby required to pass to the said George Gregg receipts for the same acknow- ledged or proved so as to be recorded. By the Court, M. Ayars, Clerk. • 33. Inventory of Minor s Estate. p. 279, pi. 38. 29 March 1832, P. L. 192. Inventory of George Jones, guardian of the person and estate of James Gregg, a minor child of John Gregg, late of the Town- ship of Penn in the County of Chester, deceased. Bond of John Rex to said John Gregg, dated April 1, 1857, payable in one year, with interest assigned to Guar- dian by Sarah Gregg Administratrix, &c., of said deceased. Interest on same from April 1, 1859, . Cash received from said Administratrix, Chester county, ss. George Jones, Guardian, &c., of James Gregg, the above- named minor, being duly sworn says, that the foregoing is a just and true inventory and statement of all the property and estate of his said ward which has come into his hands or possession or into the hands or possession of any person for him, to the best of his knowledge and belief. Sworn and subscribed, >^ George Jones. June 1, 1859, before f George Fisher, [ Clerk of Orphans' Court. 152 DECEDENTS. 34. Triennial Account of Guardian. p. 279, pi. 39. 29 March 1832, P. L. 192. The Triennial Account of George Jomes, Guardian, &c., of James Gregg, a minor child of John Gregg, late of the Town- ship of Penn in the County of Chester, deceased. The Guardian is chargeable as follows, 1856. viz. : — June 1. To the amount of inventory filed at this 1857. date, ...... $6010 00 April 1. To 10 months' interest on $5800, 290 00 1858. To 1 year's interest on $5900, . 354 00 April 1. To ward's share ^ of 3 years' rent of farm in Penn Township, at $300 per 1859. annum, ...... 225 00 April 1. To 1 year's interest on $6000 360 00 $7239 00 The Guardian is entitled to credits as 1855. follows, viz. : — May 1. By Cash paid Clerk of Orphans' Court for certificate of appointment, . 88 By Cash paid William Marshall, Esq., 1856. professional services. 5 00 June 1. By Cash paid Clerk of Orphans' Court for filing Inventory, 50 By Cash paid Sarah Gregg, boarding ward 1 year to April 1, 1856, . 90 00 By Cash paid do. sundry bills of cloth- ing and other expenses for ward, to date, ...... 42 00 April 1. By Cash paid Sarah Gregg, boarding ward to date, 1 year. Carried forward, 90 00 $228 38 DECEDENTS. 153 1857. Brought forward, $228 38 April 1. By Cash paid do. sundry bills of cloth- ing, &c., to date, .... 47 00 By Cash, pocket-money to ward at sun- 1858. dry times, ..... o O 12 April 1. By Cash, Lewis Marshall tuition and boarding 1 term, .... 50 00 u By Cash paid Sarah Gregg, 7 months' boarding of ward, .... GO 00 By Cash paid do. for clothing, &c., for 1859. ward, ...... 75 00 April 1. By Cash paid Lewis Marshall, tuition and boarding, two terms, 100 00 a By Cash paid Sarah Gregg, two months' boarding of ward, .... 20 00 May 30. By Compensation to Guardian, . By Cash paid Clerk of Orphans' Court, 217 00 filing this account, .... 50 Balance, ...... G438 00 1859. $7239 00 To Balance, $6438 1 00 Chester county, ss. George Jones, being duly sworn says, that the foregoing is a correct account of his management of his trust as Guardian of the therein-named James Gregg, to the thirtieth day of May, 1859. Sworn and subscribed, May 30,^ George Jones. ' 1859, before George Fisher, Clerk of Orphans' Court. 35. Petition of Cruardian for Discharge. p. 279, pi. 40. 29 March 1882, P. L. 192. To the Honorable, the Judges of the Orphans' Court of of Chester County : 154 DECEDENTS. The petition of George Jones, Guardian, &c., of James Gregg, a minor child of John Gregg, late of the Township of Penn in said county, deceased, respectfully represents. That on the first day of May, a. d. 1856, he was appointed by this Court guardian of the person and estate of the above- named James Gregg, and took upon himself the burden of the execution of said trust ; that he has continued to act as guardian aforesaid, and since his appointment has received of the minor's estate the sum of seven thousand dollars, and has expended for and on account of said minor, up to this time, the sum of one thousand dollars, leaving in his hands a balance of six thousand dollars due said minor, as will particularly appear by the account of the management of the said trust which is herewith rendered to the Court ; and that the said James Gregg is still a minor. The petitioner further represents, that by reason of (state the reasons), he is desirous to be relieved from the said trust; he therefore prays the Court to discharge him from the duties of his appointment as guardian aforesaid, upon his surrender- ing the residue of the estate standing upon his account to a subsequent guardian of said minor, or to such other person as the Court shall appoint to receive the same. And he will, &c. May 1, 1859. George Jones. (Affidavit of truth of petition to be appended.) 36. Order of Court on Petition of Guardian for Discharge. p. 279, pi. 40. 29 xMarch 1832, P. L. 192. 1859, May 1. The within petition is held under advisement and the account accompanying the same is submitted for exami- nation to George Rex, John Robb and Charles Way, Auditors : and Samuel Gregg is appointed to appear and act for said minor in respect to the settlement of said account. By the Court. DECEDENTS. 155 37. Order discharging Guardian after Report of Auditors. p. 279, pi. 40. 29 March 1832, pi. 192. 1859, June 12. The report of George Rex, John Robb and Charles Way, Auditors to examine the account of George Jones, Guardian, &c., of James Gregg, a minor child of John Gregg, late of the Township of Penn in the County of Chester, de- ceased, showing the residue of the estate standing upon said account to be six thousand dollars, having been read, is con- firmed by the Court, and the said George Jones is discharged from the duties of his appointment as guardian aforesaid, upon his paying said residue to Job Wilson, now appointed guardian of said James Gregg. 38. Order discliarging Guardian without Auditors. P. 279, pi. 40. 29 March 1832, P. L. 192. 1859, May 1. The within petition having been read and the account of the said guardian accompanying the same having been examined by the Court, and the appointment of Auditors to examine the same not found necessary ; the said account is confirmed, and the said George Jones is discharged from the duties of his appointment, upon his surrendering the residue of said estate standing upon said account, to wit, the sum of six thousand dollars, to Job Wilson, who is now appointed guardian of said James Gre^s:. By the Court. C30' 39. Petition for removal of Guardian. P. 279, pi. 41. 29 March 1832, P. L. 192. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, a minor, by Sarah Gregg, his mother and next friend, respectfully represents. That he is a child of John Gregg, late of the Township of Penn in the County of Chester, deceased : That on the first day of May, A. D. 1856, George Jones was appointed by this Court guardian of the person and estate of 156 DECEDENTS. the petitioner, and that estate of the petitioner to the amount of six thousand dollars passed into the hands of the said guardian as appears by an inventory of said estate filed in the office of the Clerk of this Court on the first day of June, 1856 ; that the said guardian is mismanaging your petitioner's estate, by in- vesting his moneys in unsafe securities (or as the case may be), (or misconducting himself in respect to the maintenance, educa- tion and moral interest of the petitioner, — set out particulars). The petitioner therefore prays the Court, on due proof of the allegations of this petition, to remove said George Jones from his trust as guardian of your petitioner, and to make such other order and decree touching the premises as the interests of the petitioner may require. And he will, &c. James Gregg, By May 1, 1858. Sarah Gregg. (Affidavit of truth of petition to be appended.) 40. Order citing Guardian on application to Remove. p. 279, pi. 41. 29 March 1832, P. L. 192, May 1, 1858. Upon hearing the within petition, the Court direct a citation to be issued to the said George Jones to ap- pear before this Court on the twelfth day of June next, at 10 o'clock, to show cause why he should not be removed from his guardianship of the said James Gregg, and to abide all orders and decrees of the Court in the premises. By the Court. 41. Citation to Guardian. p. 279, pi. 41. 29 March 1832, P. L. 192. Chester county, ss. l-„ , -. The Commonwealth of Pennsylvania, to George L ■-' Jones, Greeting : Whereas at an Orphans' Court, held and kept at West Chester for the said County of Chester, on the first day of May in the year of our Lord one thousand eight hundred and DECEDENTS. 157 fifty-eight, before the Honorable To"WTisend Haines, President Judge of the Court of Common Pleas of said county and his Associates, Judges of said Orphans' Court : The petition of James Gregg was presented, setting forth that he is a minor child of John Gregg, late of the Township of Penn in said county, deceased. That on the first day of May, A. D. 1856, George Jones above named was appointed by said Orphans' Court guardian of the person and estate of the peti- tioner, and that estate of the petitioner to the amount of six thousand dollars passed into the hands of the said guardian ; that the said guardian is mismanaging the petitioner's estate by investing his moneys in unsafe securities (or as the case may be), and praying the Court upon due proof of the allegations in said petition to remove the said George Jones from his trust as guardian aforesaid, and to make such other order and decree touching the premises as the interests of the petitioner may require. You, the said George Jones, are therefore hereby commanded to be and appear before the said Judges at an Orphans' Court to be held at West Chester for the said County of Chester, on the twelfth day of June next, at 10 o'clock in the forenoon of said day, to show cause why you should not be removed from your trust as guardian aforesaid, and to submit to such other orders and decrees as said Court shall make touching the premises. By the Court. George Fisher, Clerk of Orphans' Court. 42. Petition for Allowance to Minor. p. 279, pi. 42. 29 March 1832, P. L. 192. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, a minor child of John Gregg, late of the Township of Penn in the County of Chester, deceased, by his mother and next friend, Sarah Gregg, Respectfully represents, That the said John Gregg died on 158 DECEDENTS. the first day of May, A. D. one thousand eight hundred and fifty-nine, leaving the petitioner, his infant child, to survive him, without having made an adequate provision for the sup- port and education of the petitioner during his minority ; that the petitioner is entitled under the will of George Gregg, deceased, to a legacy of one thousand dollars, which is now in the hands of his guardian, George Jones : That the petitioner "is now about the age of five years, and has no other estate than the legacy above mentioned. He therefore prays the Court to direct a suitable periodical allowance out of the said estate for his support and education. And he will, &c. James Gregg, by Sakah Gregg. June 12, 1859. (Affidavit of Sarah Gregg to truth of petition to be appended.) 43. Petition for Allowance to Non-resident 3Iinor. p. 279, pi. 43. 13 April 1840, P. L. 319. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of George Jones, Executor of the last will and testament of John Rex, late of the Township of Penn in said county, deceased, Respectfully represents. That the said John Rex died in said County of Chester on the first day of May one thousand eight hundred and fifty-eight, and by his last will and testament bequeathed to Samuel Rex the sum of one thousand dollars ; that the said Samuel Rex is a minor, and resides in the County of Butler and State of Ohio; that the said minor has no estate or means for his support, maintenance and education, except the aforesaid legacy, and that the whole of the same is neces- sary for the purposes aforesaid. The petitioner therefore prays the Court to make such ordei touching the payment of said legacy for the use and benefit of DECEDENTS. 159 said Samuel Rex, as to the Court may appear to be necessary and proper. And he will, &c. May 1, 1859. George Jones. (Affidavit of truth of petition to be appended.) 44. Petition of Guardian for Refunding Bond. P. 303, pi. 182. 13 April 1859, P. L. 604. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of George Jones, late guardian of Samuel Rex, a child of John Rex, late of the Township of Penn in the said County of Chester, deceased, Respectfully represents. That the said John Rex by his last will and testament, dated the first day of May, a. d. one thousand eight hundred and fifty, did give and bequeath to the said Samuel Rex a legacy of one thousand dollars, and of his said will appointed George Rex the Executor ; that at the time the said legacy was payable the said Samuel Rex was a minor, and upon the payment of said legacy to the petitioner as his guardian, the petitioner gave security approved of by this Court, to the said George Rex, Executor, with condition to refund the same according to the Act of Assembly in such case made and provided. The petitioner further represents that the said Samuel Rex has arrived at the age of twenty-one years, and that the petitioner is ready and desirous to pay him the sum of one thousand dollars, being the amount of said legacy, receiving from the said Samuel Rex a refunding bond to indem- nify him, the petitioner, to the amount he may pay to the said Samuel Rex as aforesaid. The petitioner therefore showing to the Court here tliat he has given such security, prays that the said Samuel Rex may be required to enter into refunding bond or other obligation under the direction of this Court to indemnify the petitioner as aforesaid. And he will, &c. June 1, 1859. George Jones. (Affidavit of truth of petition to be appended.) 160 DilCEDENTS. 45. Order of Court for Refunding Bond. p. 303, pi. 152. 13 April 1859, P. L. 604. June 1, 1859. Upon hearing the petition of George Jones, and it appearing to the Court that the allegations therein are true, it is ordered that upon the payment by the said George Jones of the said sum of one thousand dollars therein mentioned to the said Samuel Rex, he may require of the said Samuel Rex a refunding bond with two sufficient sureties in the penalty of two thousand dollars, with condition to indemnify the said George Jones from all loss and damage which he may or shall sustain by reason of the payment of the said sum of one thou- sand dollars to the said Samuel Rex. 46. Refunding Bond to Guardian. p. 303, pi. 182. 13 April 1859, P. L. 604. Know all men by these presents, that we, Samuel Rex, "Wil- liam Jones and George Wilson, all of the County of Chester and State of Pennsylvania, are held and firmly bound unto George Jones, late guardian of the said Samuel Rex, in the sum of two thousand dollars, lawful money of the United States, to be paid to George Jones, his certain attorney, executors, administra- tors and assigns, to which payment well and truly to be made we do bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, dated the first day of June, in the year of our Lord one thousand eight hundred and fifty-nine : Whereas John Rex, late of the Township of Penn in said County, deceased, did by his last will and testament give and bequeath to the said Samuel Rex a legacy of one thousand dollars, which was paid by George Rex, Executor, &c., of the said John Rex, deceased, to the said George Jones, guardian of the said Samuel Rex, he, the said George Jones, giving to said Executor a refunding bond, conditioned according to the Act of Assembly in such case made and provided. And Whereas the said Samuel Rex having arrived at full age, and the said George Jones having represented to the Orphans' Court of Chester County that he is ready and desirous to pay the said legacy to the said Samuel Rex, the Orphans' Court did on the DECEDENTS. 161 first (lay of June, A. D. one thousand eight hundred and fifty- nine, direct him upon payment of the said sum of one thousand dollars to the said Samuel Rex, to require of him a refunding bond in the penalty of two thousand dollars with two sufficient sureties, conditioned to indemnify the said George Jones for all loss or damage which he may or shall sustain by reason of the payment of the said sum of one thousand dollars to the said Samuel Rex as aforesaid : And whereas the said George Jones has, at and upon the delivery of these presents, paid to the said Samuel Rex the said sum of one thousand dollars : Now the condition of this obligation is such, that if the said Samuel Rex, William Jones and George Wilson or either of them, shall and do indemnify the said George Jones from all loss and damage which he may or shall sustain by reason of the payment of the said sum of one thousand dollars to the said George Jones, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the presence of David Bond, Abel Lea. 47. Renunciation of Person entitled to Administration. To William Baker, Esq., Register of Wills of Chester County, Pennsylvania : Sir — I, Sarah Gregg, widow of John Gregg, late of the Town- ship of Penn in said county, deceased, do hereby renounce all my right to Letters of Administration upon the estate of said deceased,(a) requesting that the same may be granted to Edward Gregg, a son of said deceased. Witness my hand this twentieth day of May, A. d. one thou- sand eight hundred and sixty. Witnesses, ^ Sarah Gregg. John Boyd, > Jacob Davis. J (a) Vide Shomo's Ajipeal, 7 P. F. Smith 356. 11 ^ Samuel Rex, [L. S.] V William Jones, [L. S.] J George Wilson. [L. S.] 162 DECEDENTS. 48. Inventory and Appraisement of Goods, ^c, of Decedent. p. 280, pi. 47, 48. 15 March 1832, P. L. 139. In the matter of the estate of John Gregg, late of the Town- ship of Penn, in the County of Chester, deceased. Chester county, ss. Samuel Rex and George Jones being duly sworn say, that they will well and truly and without prejudice or partiality, value and appraise the goods, chattels and credits which were of the said John Gregg, deceased, and in all respects perform their duty as appraisers to the best of their skill and judgment. Sworn and subscribed, June 1, ^ Samuel Rex, 1850, before > George Jones. Wm. Baker, Register. j Inventory of all the goods, chattels and credits of the above- named John Gregg, deceased. Two horses, . • • • . $200 00 Wagon, .... 50 00 Bond, John Wills, • « . . 500 00 Interest, from April 1, 1850. . Cash, • • • • 200 S950 00 00 Taken and appraised June 1, 1850, by Samuel Rex, George Jones. 49. Request of Widoiv for Appraisers of Elected Personal Property. P. 281, pi. 58, 59. U April 1851, P. L. 613. 8 April 1859, P. L. 425. To Samuel Gregg, Administrator, &c., of John Gregg, late of the Township of Penn, in the County of Chester, deceased. . I, Sarah Gregg, widow of said deceased, do desire to retain personal property of said deceased to the value of three hun- dred dollars, and request that the same may be appraised and set apart according to law. June 1, 1850. Sarah Gregg. DECEDENTS. 163 50. Affidavit of Appraisers for Widotv. P. 281, pi. 58, 69. 14 April 1851, P. L. 613. 8 April 1859, P. L. 425, pp. 432, 433, pi. 20, 21. 9 April 1849, P. L. 533. In tlie Matter of the Estate of John Gregg, late of the Township of Penn, in the County of Chester, deceased. Chester county, ««. Samuel Rex and George Jones, appraisers of the personal estate of the said John Gregg, deceased, being duly sworn, say, that they will well and truly appraise and set apart personal property of the said deceased to the value of three hundred dollars, elected to be retained by Sarah Gregg, the widow of the said deceased, for the use of herself and family. Sworn and subscribed, June 1, " A. D. 1859, before H. Fleming, Justice of Peace. r Samuel Rex, George Jones. 61. Inventory of Widow's Election. Inventory of the estate of the above-named John Gregg, deceased, elected to be retained by Sarah Gregg, widow of said deceased. 2 Beds, $50 00 6 Chairs, 3 00 Table, 4 00 Carpets, ...... 10 00 Cash, 113 00 Note, George Wallace, 120 00 $300 00 Appraised and set apart June 1, 1859. Samuel Rex, George Jones. I, Sarah Gregg, widow of said John Gregg, deceased, do elect to retain for the use of myself and family the personal property set out in the foregoing inventory. June 1, 1859. Sarah Gregg. 164 DECEDENTS. 52, Certificate of Ajjpraisers. To the Honorable, the Judges of the Orphans' Court of Chester County : The undersigned, appraisers of the personal estate of John Gregg, late of the Township of Penn, in said county, deceased, Respectfully certify. That after having being sworn in due form of law, they made the foregoing appraisement of the per sonal property of said deceased, elected to be retained by Sarah Gregg, widow of said deceased, as is therein set forth. Witness our hands, the first day of June, A. D. 1859. Samuel Rex, George Jones. 53. Election hy Widow of Real Estate. P. 281, pi. 58, 59. U April 1851, P. L. 613. 8 April 1859, P. L. 425, pp. 432, 433, pi. 20, 21, 22. 9 April 1849, P. L. 533. In the Matter of the Estate of John Gregg, late of the Township of Penn, in the County of Chester, deceased. To Samuel Gregg, Administrator, &c., of the above-named John Gregg, deceased : I, Sarah Gregg, widow of said deceased, do elect to retain real property belonging to the estate of said deceased to the value of three hundred dollars, for the use of myself and family, and request that you will cause the same to be appraised and set apart according to law. June 1, 1850. Sarah Gregg. Chester county, ss. Samuel Rex and George Jones, appraisers of the personal estate of the said John Gregg deceased, being duly sworn say, that they will well and truly and without prejudice or partiality, determine whether in their opinion the reat estate of said de- ceased can be divided, so as to set apart real estate to the value of three hundred dollars for the use of Sarah Gregg, widow of said deceased and her family, without injury to or spoiling the whole, and if so that they will set apart so much as in their opinion shall be sufficient to answer the requirement of the said DECEDENTS. 165 widow and in all respects perform their duty as appraisers according to law. Sworn and subscribed, June^j Samuel Rex, 1, 1850, before V Geokgb Jones. H. Fleming, J. P. J 64. Election by Widow of Real Estate where Widow is Ad- ministratrix. In tbe matter of the Estate of John Gregg, late of the Town- ship of Penn, in the County of Chester, deceased : I, Sarah Gregg, widow of said deceased, having elected to retain real property belonging to the estate of said deceased to the value of three hundred dollars, for the use of myself and family, do request Samuel Rex and George Jones, the ap- praisers of the personal estate of said deceased, to appraise and set apart the same according to law. June 1, 1850. Sarah Gregg. Chester county, ss. Samuel Rex and George Jones, appraisers of the personal estate of the said John Gregg, deceased, being duly sworn say that they will well and truly and without prejudice or partiality determine whether in their opinion the real estate of said de- ceased can be divided, so as to set apart real estate to the value of three hundred dollars for the use of Sarah Gregg, widow of said deceased, and her family, without injury to or spoiling the whole, and if so that they will set apart so much as in their opinion shall be sufficient to answer the requirement of the said widow and in all respects perform their duty as appraisers ac- cording to law. Sworn and subscribed, June ^ Samuel Rex, 1, 1850, before V George Jones. H. Fleming. J 166 DECEDENTS. 55. Return of Division by Appraisers. p. 281, pi. 58, 59. 14 April 1851, p. L. 613. 8 April 1859, P. L. 425. Pp. 432, 433, pi. 20, 21, 22. 9 April 1849, P. L. 533. To tlie Honorable, the Judges of the Orphans' Court of Ches- ter County : The undersigned, appraisers of the personal estate of John Gregg, late of the Township of Penn in said county, deceased, Do certify. That having been duly sworn, we went upon the real estate of said deceased, — the same being of greater value than three hundred dollars, — and having viewed the same, determined that it can be divided without injury to or spoiling the whole ; and have set apart so much thereof as, in our opinion, is of the value of three hundred dollars and no more, and have designated the same by metes and bounds, as follows, viz. : Beginning, &c., (set out boundaries), and containing two acres more or less? with the appertenances. Witness our hands and seals, the first day of June, A. D. one thousand eight hundred and fifty. Samuel Rex, [l. s.] Geobge JoifES. [l. s.] 56. Return where no Division by Appraisers. p. 281, pL 58, 59. 14 AprillSSl, P. L. 613. 8 April 1S59, P. L. 425. Pp. 432, 433, pi. 20, 21, 22. 9 April 1840, P. L. 533. To the Honorable, the Judges of the Orphans' Court of Ches- ter County : The undersigned, appraisers of the personal estate of John Gregg, late of the Township of Penn in the County of Chester, deceased, Do certify, That having been duly sworn, we went upon the real estate of the said deceased, — the same being of greater value than three hundred dollars, — and having viewed the same, determined that said real estate could not be divided without injury to or spoiling the whole. ' DECEDENTS. 167 Witness our hands and seals, the first day of June, A. D. one thousand eight hundred ajjd fifty. Samuel Rex, [l. s.] George Jones, [l. s.] 57. Return of Appraisers where whole Tract is worth no more than $300. To the Honorable, the Judges of the Orphans' Court of Chester County. The undersigned, appraisers of the personal estate of John Gregg, late of the Township of Penn in the County of Chester deceased, do certify : That having been duly sworn we went upon the real estate of said deceased, which consists of a single messuage or tene- ment and lot of ground, and having viewed the same, are of opinion that the same is of the value of three hundred dollars, and no more, and have therefore set apart the same, being de- scribed by metes and bounds as following, viz. : Beginning, &c. (describing it), and containing two acres more or less, with the appertenances for the use of Sarah Gregg, widow of said deceased and her family. Witness our hands and seals the first day of June A. D. ono thousand eight hundred and fifty. Samuel Rex, [l. s.] George Jones, [l. s.j 58. Return of Appraisers of Land under ^600. p. 1458, pi. 1. 27 November 1865, P. L. (1866j 1227. To the Honorable, the Judges of the Orphans' Court of Chester County. The undersigned, appraisei's of the personal estate of John Gregg, late of the Township of Penn in said county, deceased, Do certify. That having been duly sworn, we went upon the real estate 168 DECEDENTS. of said deceased, which consists of a single messuage or tenement and lot of ground, viz. (or as the case may be, describing it briefly) : and having viewed the same, determine that it cannot be divided without prejudice to or spoiling the whole, and ap- praise and value the same at the sum of six hundred dollars. Witness our hands and seals, the first day of April, A. D. one thousand eight hundred and sixty. Samuel Rex, [l. s.] Geokge Jones, [l. s.] 69. Decree^ where Land is Divided. In the Matter of the Estate ") OF John Gregg, late of the l^° *^« Orphans' Court of m 1 • r T) ] 1 I Chester County, lownship or renn, deceased. J "^ And now, to wit, July 15, 1850, it appearing to the Court here, by the return of the appraisers of the personal estate of the said John Gregg, deceased, that they have appraised and set apart a certain portion of the real estate of the said deceased, designated by metes and bounds as follows, viz. : Beginning, &c. (set out boundaries), and containing two acres more or less with the appertenances ; being so much of the real estate of the said deceased, as in the opinion of the said appraisers is of the value of three hundred dollars and no more ; and that Sarah Gregg, widow of said deceased, has elected to retain the same for the use of herself and family ; the court do thereupon order and adjudge the same to the said Sarah Gregg, widow aforesaid, for the use of herself and family. 60. Decree, toJiere ivhole Tract is worth no more than $300. In the matter of the Estate "] OF John Gregg, late of thel^" hester^C^^ ^ Township of Penn, deceased. J ^' And now, to wit, July 15, 1850, it appearing to the Court DECEDENTS. 169 here, by the return of the appraisers of the personal estate of the said John Gregg deceased, that they have viewed the real estate of the said deceased, which consists of a single messuage or tenement and lot of ground, bounded and described as fol- lows, viz. : Beginning, &c. (describing it), that the said apprai- sers are of opinion that the same is of the value of three hundred dollars and no more, and that they have appraised and set apart the same for the use of Sarah Gregg, widow of said deceased, and her family, and that the said widow has elected to retain the said real estate for the use of herself and family ; the Court do thereupon order and adjudge the same to the said Sarah Gregg, widow aforesaid, for the use of herself and family. 61. Election hy Widow to take hoth Personal and Real Estate. p. 281, pi. 58, 59. 14 April 1851, P. L. 613. 8 April 1859, P. L. 425, In the matter of the Estate of John Gregg late of the Town- ship of Penn in the County of Chester, deceased. I, Sarah Gregg, widow of said deceased, do elect to retain personal property of said deceased to the value of fifty dollars, and real property belonging to the estate of said deceased to the value of two hundred and fifty dollars, for the use of myself and family, and desire that the same may be appraised and set apart according to law. June 1, 1850. Sarah Gregg. 62. Affidavit of Appraisers. P. 281, pi. 58, 59. 14 April 1851, P. L. 613. 8 April 1859, P. L. 425, pp. 432, 433, pi. 20, 21, 22. 9 April 1849, P. L. 533. In the Matter of the Estate of John Gregg, late of the Township of Penn, in the County of Chester, deceased. Chester county, ss. Samuel Rex and George Jones, appraisers of the personal estate of the said John Gregg, deceased, being duly sworn, say, that they will well and truly appraise and set apart personal property of the said deceased, to the value of fifty dollars, 170 DECEDENTS. elected to be retained by Sarah Gregg, widow of the said deceased, for the use of herself and family ; and that they will well and truly, and without prejudice or partiality, determine whether, in their opinion, the real estate of the said deceased can be divided so as to set apart real estate to the value of two hundred and fifty dollars, for the use of the said widow and her family, without injury to or spoiling the whole ; and, if so, that they will set apart so much as, in their opinion, shall be sufii- cient to answer the requirement of said widow, and in all respects perform their duty as appraisers according to law. Sworn and subscribed, June 1, ^ Samuel Rex, 1850, before > George Jones. H. Fleming, J. P. I 63. Inventory. Inventory of the personal estate of the above-named John Gregg, deceased, elected to be retained by Sarah Gregg, widow of said deceased. 1 Bed, .... $20 00 6 Chairs, 3 00 Table, .... 4 00 Carpet, .... 10 00 Bedstead, 6 00 Bureau, 7 00 $50 00 Appraised and set apart, June 1, " 1850. Samuel Rex, George Jone 3. I, Sarah Gregg, widow of said John Gregg, deceased, do elect to retain, for the use of myself and family, the personal pro- perty set out in the foregoing inventory. June 1, 1850. Sarah Gregg. DECEDENTS. 171 64. Return of Appraisers. To the Honorable, the Judges of the Orphans' Court of Chester County : The undersigned, appraisers of the personal estate of John Gregg, late of the Township of Penn, in said county, deceased, do certify, that having been sworn in due form of law, we made the foregoing appraisement of the personal property of said deceased, elected to be retained by Sarah Gregg, widow of said deceased, as is therein set forth ; and that we went upon the real estate of said deceased — the same being of greater value than two hundred and fifty dollars — and having viewed the same, determined that the said real estate could not be divided without injury to or spoiling the whole (or as the case may be). Witness our hands and seals, the first day of June, A. d. 1850. Samuel Rex, [l. s.] Geoege Jones, [l. s.] 65. Notice to Creditors by Administrator, ^-c. p. 281, pi. 60. 24 February 1834, P. L. 73, Estate of John Gregg, deceased. Notice is hereby given, that Letters of Administration on the estate of the above-named John Gregg, late of the Township of Penn in the County of Chester, deceased, have been granted to Sarah Gregg, residing in the said Township of Penn. All persons therefore having claims or demands against the estate of the said decedent, are requested to make the same known to the said Sarah Gregg without delay. June 1, 1850. Sarah Gregg. &Q. Notice to Corporation of Legacy. p. 282, pi. 64. 24 February 1834, P. L. 75. To the Penn Library Company of Chester County : You are hereby notified that John Gregg, late of the Town- 172 DECEDENTS. ship of Penn in the said county, deceased, by his last will and testament, duly proved the first day of June, A. D. 1851, be- queathed to the said Company the sum of one hundred dollars, to be appropriated to the general purposes of said Company ; that Sarah Gregg, the undersigned, is the executor of said will, and that she resides in the aforesaid Township of Penn. July 1, 1850. Sarah Grego. 67. Petition of Heir to suspend Collection of Surplus Bond. p. 283, pi. 72. P. 996, pi. 41. U April 1840, P. L. 351. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Gregg of said county, respectfully represents, That the petitioner is a son and heir of John Gregg, late of the Township of Penn in said county, deceased ; that said decedent died intestate, on or about the first day of May, A. D. one thousand eight hundred and fifty, leaving a widow, Sarah Gregg, and one son, the petitioner, his heir at law, and that Letters of Administration on his estate were duly granted to the said Sarah Gregg. The petitioner further represents, that the decedent in his lifetime was seised in his demesne, as of fee, of and in a certain tract of unseated land, situate in the Township of Oxford in said county, bounded by lands of Joel Bailey, John Smith and others, and containing one hundred acres more or less, with the appertenances ; that the same was sold at Trea- surer's sale on the tenth day of June last for taxes to one George Jones, for the sum of one hundred dollars ; that the said taxes and costs necessarily accrued amounted to the sum of ten dollars, which sum the said George Jones paid to Joseph Jacobs, the County Treasurer, who received from the said George Jones a bond to him the said Joseph Jacobs, with warrant of attorney annexed, conditioned for the payment of the sum of ninety dollars, the surplus money remaining after satisfying and paying the taxes and costs aforesaid, and that DECEDENTS. 173 the said Sarah Gregg, Administrator aforesaid, has commenced proceedings in this Court for the collecting of the moneys due on the said surplus bond. The petitioner further represents that the said land is of much greater value than the amount due upon said surplus bond, and that the time for the redemp- tion of the said land has not expired (or as the case may be). The petitioner, further showing to the Court that the collection of the moneys due on said bond will operate injuriously to the interests of the heirs of said John Gregg, deceased, prays the Court to make an order preventing (or, — suspending, — as the case may be), the collecting of the same. And he will, &c. July 1, 1850. James Gregg.; (Affidavit of truth of petition to be appended.) 68. Filing Bond, ^c, not payable in five years, to continue Lien. P. 285, pi. 82. 24 February 1834, P. L. 77. George Wills V. In the Court of Com- The Estate of John Gregg, late j. mon Pleas of Chester of the Township of Penn in the County. County of Chester, deceased. And now, June 1, 1850, The said George Wills files herewith in the office of the Prothonotary of said Court, a copy of a bond (or as the case may be), executed by the said John Gregg in his lifetime to the said George Wills, the same not being payable within five years of the death of the said John Gregg, deceased, in order that the same may be and continue a lien upon the real estate of said deceased, which bond (or as the case may be), is as follows, viz. : — (Set out copy or written statement of bond, &c.) George Wills. 174 DECEDENTS. 69. Suggestion of Interest of Creditor on Judgment, ^c, in favor of Testator. P. 2S5, pi. 84. 3 April 1829, 10 Sm. L. .317. _ ^ ^ In the Coui't of Common Pleas of Chester John Gregg | ^ F County. ^- fOf May Term, 1850. No. 10. George Jones. J g^^ judgment Docket R, page 5. May 2, 1850. Judgment in favor of plaintiff against the defendant for ^500. May 1, 1855. George Wills suggests his interest in said judgment as a creditor of the said John Gregg, and further suggests the death of the said John Gregg, and that the said John Gregg has appointed the said George Jones Executor of his last will and testament. George "Wills. Issue Scire Facias against the defendant George Jones to revive said judgment and continue the lien thereof for the use of persons interested therein. Yours, &c., To James Davis, Esq., William Marshall, Prothonotary. Attorney for May 1, 1855, George Wills. 70. Scire Facias againgt Executor as Debtor of Decedenff upon suggestion of Creditor. P. 285, pi. 84. 3 April 1829, 10 Sm. L. 317. Chester county, ss. rSeal 1 ^^® Commonwealth of Pennsylvania to the Sheriff of said County of Chester, Greeting : Whereas John Gregg heretofore, to wit, on the second day of May, in the year of our Lord one thousand eight hundred and fifty, in our Court of Common Pleas, hefore our Judges at West Chester, recovered judgment against George Jones, late of DECEDENTS. 175 your county, for a certain debt or sum of five hundred dollars lawful money of the United States, as also ten dollars, which to the said John Gregg in our said Court were adjudged for his costs and charges which he had sustained by occasion of the detention of that debt, whereof the said George Jones is convict as appears of record, which said judgment remains and is wholly unpaid, and is a lien upon the real estate of the said George Jones : And whereas now in our same Court here we are given to understand by George Wills that since the recovery of the said judgment by the said John Gregg against the said George Jones as aforesaid, the said John Gregg has died, having appointed the said George Jones Executor of his last will and testament, and has further given us to understand that he, the said George Wills, is a creditor of the said John Gregg, and is interested in the said judgment, and has besought us to provide for him a proper remedy; and we being willing that what is just in this behalf should be done, do according to the form of the Act of Assembly in such case made and provided, command you that you make known to the said George Jones, that he be before our Judges at West Chester, at our county Court of Common Pleas, there to be held on the last day of July next, to show cause, if any he has or knows, why the said judgment should not be revived, and the lien thereof continued on the real estate of the said George Jones, and remain for the use of all persons interested therein, according to the Act of Assembly in such case made and provided, if it shall seem expedient for the said George Jones so to do, and further to do and receive what our said Court shall then and there consider of him in this behalf, and have you there then this writ. Witness the Honorable Townsend Haines, President Judge of our said Court at West Chester, the first day of May, Anno Domini one thousand eight hundred and fifty-five. James Davis, Prothonotary. 176 DECEDENTS. 71. Notice to Administrator not to pay Debts out of Proceeds of Real Estate. p. 285, pi. 85. 16 July 1842, P. L. 388. In the matter of the real estate of John Gregg, late of the Township of Penn in the County of Chester, deceased : To George Gregg, Administrator, &c., of said John Gregg, deceased : You are herehy notified, that the undersigned, distributees of the proceeds of the sale of the real estate of the said John Gregg, deceased, sold under an order of the Orphans' Court of said County of Chester for distribution, object to the payment out of said proceeds of any debts or claims owing by the said de- cedent, the said real estate not being legally liable for the same. James Gregg, May 1, 1854. Job Gregg. 72. Petition of Guardian for Permission to Invest. p. 286, pi. 86. 29 March 1832, P. L. 193. To the Honorable, the Judges of the Orphans' Court of Chester County: The petition of George Jones, Guardian, &c., of James Gregg, a minor child of John Gregg, late of the Township of Penn in said county, deceased, Respectfully represents, That the said James Gregg his ward is about the age of ten years and that the petitioner has in his hands as guardian aforesaid, the sum of six thousand dollars, the estate of said minor, the income whereof is to be appropriated for the support of said minor (or as the case may be), and that the petitioner is desirous of investing the said sum of six thousand dollars. The petitioner therefore prays the Court, upon due proof, to make an order directing the investment of the said sum of six thousand dollars in such of the securities named in the Act of Assembly in such case made and provided and at such prices DECEDENTS. 177 and rates of interest and on such terms of payment as the Court shall think fit. And he will, &c. May 1, 1854. George Jones. (Afiidavit of truth of petition to be appended.) 73. Bond of Administrator to distribute Surplus after Sheriff's Sale. P. 288, pi. 99. 24 February 1834, P. L. 79. George Wills "j In the Court of Common Pleas of Chester V. > county. John Gregg. J Of May Term, 1855. No. 10. Know all men by these presents that we, James Gregg, ad- ministrator, &c., of John Gregg, the above-named defendant, now deceased, John Rex and Samuel Bond, all of the County of Chester, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of two thousand dollars lawful money of the United States, to be paid to the said Common- wealth, her certain attorney and assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, dated the first day of July, A. D. one thousand eight hundred and fifty-five. Whereas the real estate of the said John Grefjg has been Do sold by the sheriff of Chester County, under and by virtue of the above-stated execution and there has been raised by said sale the sum of one thousand dollars more than is sufficient to pay off liens of record against said real estate : And whereas the said John Gregg, the defendant, has since died and administration of his estate has been granted to the said James Gregg, and the said Court bas ordered the same to be paid to the said James Gregg as administrator aforesaid, upon his giving bond to the Commonwealth, to the satisfaction of the Court, with the above-named John Rex and Samuel Bond as his sureties, in the sum of two thousand dollars with condi- tion according to the Act of Assembly : 12 178 DECEDENTS. Now the condition of this obligation is such, that if the said James Gregg, Administrator, &c., of the said John Gregg, de- ceased, shall legally distribute the said sum of one thousand dollars, then this obligation shall be void and of none effect, or else shall be and remain in full force and virtue. Sealed and delivered in the ^ James Greqg, [l. s.] William Marshall, James Davis. presence of I John Rex, [l. s.] Samuel Bond. [l. s.] 74. Petition for Sale of Real Estate for Payment of Debts, — and Exhibits. Pp. 289, 290, pi. 104, 105, 107. 24 February 1834, P. L. 80. 29 March 1832, P. L. 198, 200. To The Honorable, the Judges of the Orphans' Court of Chester County: The petition of John Rex, Administrator, &c., of John Gregg, late of the Township of Penn in said County of Chester, de- ceased, Respectfully represents, That the said John Gregg died on or about the first day of March, A. D. one thousand eight hundred and fifty, intestate, leaving to survive him a widow, Sarah Gregg, and three child- ren, viz. : James Gregg, George Gregg and Anne Gregg, the last two being minors and having for their guardian George Jones ; That the personal estate of the decedent is insufficient for the payment of his debts and education of his minor children (or for the payment of debts, as the case may be), as will appear by a true and perfect inventory and conscionable appraisement of all the personal estate whatsoever of the said decedent and a just and true account of all the debts of the decedent, which have come to the knowledge of the petitioner, herewith exhibited. The petitioner further represents, that the said John Gregg died seised in his demesne as of fee, of and in certain real estate situate in said County of Chester, described in a state- ment herewith exhibited, a certified copy of said inventory (or a certificate of the Register of the amount of said inventory). DECEDENTS. 179 being hereto annexed. The petitioner therefore prays the Court to order the sale (or mortgage as the case may be), of such part or so much of the said real estate as to the Court shall appear necessary for the payment of the debts and education of the minor children (or for the payment of the debts, as the case may be) of the said decedent. And he will, &c. May 1, 1850. John Rex. (A certified copy of the Inventory filed in the Register's oflSce, should be here annexed.) A just and true account of all the debts of the within-named John Gregg, deceased : George Will's judgment, . . . $1500 00 Interest, 14 months, 105 00 Peter Rush, note, 600 00 Interest, 14 months, 47 00 Charles Way, book account, . 50 00 12297 00 (Or as the case may be.) A full and correct statement of all the real estate of the within-named John Gregg, deceased. No. 1. — A messuage, being the mansion-house, and tract of land situate in the Township of Penn in said County of Chester, bounded by lands of Job Wallace, James Rex and others, and containing one hundred acres more or less, with the appertenances. No. 2. — A tract of woodland situate in the said Township of Penn, bounded by lands of Samuel Rex, Wilson Jones and others, and containing fifty acres more or less, with the appertenances. Chester county, ss. Wilson Jones and Samuel Rex being duly sworn say, that they are well acquainted with the above-described real estate, late of the said John Gregg, deceased, and are of opinion that the same would bring at a cash sale as follows, viz. : Lot No. 1, ten thou- 180 DECEDENTS. sand dollars, and Lot No. 2, three thousand dollars, and that they are in no Avise interested in said estate. Sworn and subscribed in open "1 Wilson Jones, Court, V Samuel Rex. George Fisher, Clerk. J Chester county, ss. John Rex, being duly sworn, says that the statements in the foregoing petition are true ; that the exhibits hereto annexed are respectively a true and perfect inventory and conscionable appraisement of all the personal estate whatever of the said decedent; a just and true account of all the debts of the dece- dent, and of all the real estate of the decedent wheresoever situate, which have come to the knowledge of the petitioner, as he verily believes. Sworn and subscribed, May 1, ") John Rex. 1850, in open Court, V George Fisher, Clerk. J 75. Petition for Order of Sale to jyai/ Balance on Administra- tion Account. p. 289, 290, pi. 105, 106, 107. 29 March 1832, P. L. 198, 200. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Rex, Administrator, &c., of John Gregg, late of the Township of Penn in the said county, deceased, respectfully represents. That the said John Gregg died on or about the first day of March, A. D. one thousand eight hundred and fifty, intestate, leaving to survive him a widow, Sarah Gregg, and three children, viz. : James Gregg, George Gregg, and Anne Gregg, the last two being minors and having for their guardian George Jones : The petitioner further represents, that on a final settle- DECEDENTS. 181 ment of his administration account on the estate of said deceased, wliich was confirmed by this Court on the twelfth day of March, A. D. one thousand eight hundred and fifty- one, there is a balance due from the said estate to the petitioner of two thousand dollars, as appears by a certificate of said account hereto annexed, and that there are not suflScient personal assets to pay said balance. The petitioner further represents, that the said John Gregg died seised in his demesne as of fee, of and in certain real estate situate in said County of Chester, and described in the state- ment herewith exhibited : The petitioner therefore prays the Court to order the sale (or mortgage as the case may be), of such part or so much of said real estate as may be necessary to pay the said balance appearing to be due to him on his account as aforesaid. And he will, &c. May 1, 1850. John Rex. (The exhibits and affidavits should be the same as in the pi^eceding form, with the addition of the certificate of balance of his account.) 76. Petition for Sale, ^c, of Land in another County. Pp. 289, 290, pi. 205, 106, 107. 29 March 1832, 3 P. L. 198, 200. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Rex, Administrator, &c., of John Gregg, late of the Township of Penn in the said County of Chester, deceased, Respectfully represents. That the said John Gregg died on or about the first day of March, a. d. one thousand eight hundred and fifty, intestate, leaving to survive him a widow, Sarah Gregg, and three children, to wit, James Gregg, George Gregg and Anne Gregg, the last two of whom are minors, and have for their guardian George Jones. That the personal estate of the decedent is insufficient for the payment of his debts and the education of his minor children (or for the payment of 182 DECEDENTS. his debts, as the case may be), as will appear by a true and perfect inventory and conscionable appraisement of all the per- sonal estate whatsoever of the said decedent and a just and true account of all the debts of said decedent which have come to the knowledge of the petitioner herewith exhibited. The petitioner further represents that the said decedent died seised in his demesne as of fee, of and in certain real estate situate in the Counties of Chester, Berks and Bucks, described in a statement herewith exhibited. The petitioner therefore prays the Court to make a decree authorizing him to raise so much money as the Court may think necessary from the real estate situate in such of said counties as the Court may designate. And he will, &c. May 1, 1850. John Rex. (The affidavits and exhibits should be the same as those in the first form, No. 74, for sale, &c.) 77. Decree for Raising Money on Land m another County. p. 289, pi. 106. 29 March 1832, P. L. 198. In the Matter of the Estate of John Gregg, late of the Township of Penn in the County of Chester, deceased : And now, May 1, 1850, Upon the petition of John Rex, Administrator, &c., of the said John Gregg, deceased, praying that he may be authorized to raise from the real estate of said deceased, situate in the Counties of Berks, Bucks and Chester, so much mone}^ as may be necessary to pay his debts, with the exhibits accompanying said petition, the Court being satisfied of the propriety of a sale or mortgage of the following described real estate of the decedent, situate in the said County of Bucks, viz., a messuage and tract of land situate in the Township of Bensalem, bounded by lands of John Roberts, George Thomas and others, containing one hundred acres more or less, with the appertenances, do authorize the said John Rex to raise the sum of three thousand dollars from the above described real estate. DECEDENTS. 183 78. Bond of Administrator on Sale of Real Estate. p. 290, pi. 107. 29 March 1832, P. L. 200. Know all men by these presents, that we, John Rex, Admin- istrator, &c., of John Gregg, late of the Township of Penn in the County of Chester, deceased, James Reed and Job Wallace, all of said county, are held and firmly bound to the Common- wealth of Pennsylvania in the sum of six thousand dollars, lawful money of the United States, to be paid to the said Com- monwealth, her certain attorney and assigns, to which payment, well and truly to be made, we bind ourselves jointly and seve- rally, our heirs, executors and administrators, firmly by these presents : Sealed with our seals, dated the second day of May in the year of our Lord one thousand eight hundred and fifty. Whereas the Orphans' Court of said County of Chester did, on the first day of May, a. d. 1850, order the said John Rex, Administrator aforesaid, to sell (or mortgage, as the case may be), a certain tract of woodland situate in the Township of Penn in said County of Chester, bounded by lands of Samuel Rex, Wilson Jones and others, and containing fifty acres more or less, with the appertenances, late the estate of said decedent, for the payment of his debts, the said John Rex first having filed in the office of the Clerk of said Court a bond to the Commonwealth in the sum of six thousand dollars with the said James Reed and Job Wallace as his sureties, who were approved by the Court, conditioned for the faithful appropriation of the proceeds of such sale (or mortgage, as the case may be), according to his respective duties : Now the condition of this obligation is such, that if the said John Rex shall faithfully appropriate the proceeds of such sale (or mortgage, as the case may be), according to his respective duties, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the ^ John Rex, [l. s.] presence of ( James Reed, [l. s.] William Marshall, ( Job Wallace, [l. s.] George Fisher. ^ 184 DECEDENTS. 79. Petition to Orphans' Court of another County for Sale, ^c., of Meal Estate. p. 298, pi. 106. 29 March 1832, P. L. 198. To the Honorable, the Judges of the Orphans' Court of the County of Bucks : The petition of John Rex, Administrator, &c., of John Gregg, late of the County of Chester, deceased. Respectfully represents, That the said John Gregg died on or about the first day of March, A. d. one thousand eight hundred and fifty, intestate, and seised, amongst other real estate, of a messuage and tract of land in the Township of Bensalem in the said County of Bucks, bounded by lands of John Roberts, George Thomas and others and containing one hundred acres more or less, with the appertenances ; That upon the application of this petitioner, the Orphans' Court of Chester County did, on the first day of May last, make a decree, authorizing him to raise by sale or mort- gage of the above-mentioned tract of land, the sum of three thousand dollars for the payment of the debts of the said dece- dent and maintenance and education of his minor children (or, — for the payment of the debts of the decedent), as will appear by an exemplification of the proceedings in this behalf, in the said Orphans' Court of Chester County, herewith exhibited : The petitioner therefore prays the Court to make an order for the sale or mortgage, as the Court here shall think expedient, of so much or such parts of the above-described real estate as shall, in the opinion of the Court, be necessary to raise the said sum of three thousand dollars. And he will, &c. June 1, 1850. John Rex. (Affidavit of the truth of petition to be appended.) DECEDENTS. 185 80. Petition of Guardian for Sale of Ward's Real Estate for Maintenance. p. 289, pi. 105, 106. 29 March 1S32, P. L. 198. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of George Jones, guardian, &c., of George Gregg, a minor chihi over (or, — under, as the case may be), the age of fourteen years, of John Gregg, late of the Township of Penn in said County, Respectfully represents, That the personal estate of said minor is insufficient for his maintenance and education, and that he is seised in his demesne as of fee, of and in certain real estate situate in said county, described in a statement herewith exhibited. The petitioner herewith further exhibiting a true and perfect inventory and conscionable appraisement of all the personal estate whatsoever of the said minor, prays the Court to order the sale or mortgage of such part or so much of said real estate^ as to the Court shall appear necessary for the maintenance and education of said minor. And he will, &c. May 1, 1850. George Jones. (Exhibits of real and personal estate and affidavits as in form No. 74, Petition for sale by administrator.) 81. Petition for Sale of Minor s Real Estate for Improvement. p. 289, pi. 105, 106. 29 March 1832, P. L. 198. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of George Jones, guardian of the person and estate of George Gregg, a minor child, under (or — over, as the case may be), the age of fourteen years, of John Gregg, late of the Township of Penn in the said County of Chester, deceased, Respectfully represents, 186 DECEDENTS. That tlie said minor is seised in his demesne as of fee, of and in certain real estate situate in said County of Chester, described in a statement herewith exhibited ; that the personal estate of the minor is insufficient for the improvement and repairs of his real estate. The petitioner herewith further exhibiting a true and perfect inventory and conscionable appraisement of all the personal estate whatever of the said minor, prays the Court to order the sale or mortgage of such part or so much of said real estate, as to the Court shall appear necessary for the improvement and repairs of the other parts of said real es- tate. And he will, &c. May 1, 1850. George Jones. (Exhibits and affidavits as in the preceding form.) 82. Petition for sale of 3Iinor's Real Estate being Dilapidated. p. 2S9, pi. 105, 106. 29 March 18.32, P. L. 198. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of George Jones, guardian of the person and estate of George Gregg, a minor child, under (or, — over — as the case may be), the age of fourteen years, of John Gregg, late of the Township of Penn in the County of Chester, deceased, Re- spectfully represents, That the said minor is seised in his demesne as of fee, of and in certain real estate situate in said County and described in a statement herewith exhibited ; and that the said real estate is in such a state of dilapidation and decay (describe how), (or — so unproductive and expensive), that it would be to the interest and benefit of said minor, that the same should be sold. The petitioner herewith further exhibiting a true and perfect inventory and conscionable appraisement of all the personal pro- perty whatever of the said minor, prays the Court to order a DECEDENTS. 187 sale or mortgage of such part or so much of said real estate, as to the Court shall appear necessary. And he will, &c. May 1, 1850. George Jones. (Exhibits and affidavits as in the preceding form.) 83. Appointment of Auditor on Petition for Sale, (J-c. P. 290, pi. 108. p. 300, pi. 169. 29 March 1832, P. L. 200. 13 April 1840, P. L. 319. And now, May 1, 1850, upon the application of George Jones, Guardian, &c., of George Gregg, a minor child of John Gregg, late of the Township of Penn, deceased, for a decree authorizing the sale or mortgage of the real estate of said minor, the Court appoint Wilson Robb to investigate the facts of the case and to report upon the expediency of granting the application and the amount to be raised of such sale or mortgage. Ten days' notice of the time and place of hearing to be given to Sarah Gregg, the mother of said minor (or — if over fourteen years — to said minor). 84. Report of Auditor on Application to Sell Real Estate. p. 290, pi. 108. 29 March 1832, P. L. 200. To the Honorable, the Judges of the Orphans' Court of Chester County : The undersigned, appointed by the annexed order of Court Auditor for the purposes therein mentioned, Respectfully reports, that due notice of the time and place of hearing having been given to Sarah Gregg, the mother of said minor, according to the order of the Court, and having been first duly sworn, he sat for the performance of the duties of his appointment at the mansion-house, late of the said John Gregg, deceased, in the said Township of Penn ; and having investigated the facts of the case he finds that the personal estate of the said minor amounts to the sum of five hundred dollars, that the real estate of the said minor consists of two lots, to wit : No. 1, A 188 DECEDENTS. messuage and tract of land situate in said township, bounded by lands of Job Wallace, James Reed and others, containing one hun- dred acres more or less, with the appertenances. Lot No. 2, A tract of woodland situate in the same township, bounded by lands of Samuel Rex, Wilson Jones and others, containing fifty acres more or less, with the appertenances, That Lot No. 1, is a farm having sufficient woodland upon it for its necessary uses ; that the buildings need much repair ; that said farm is not in a good state of cultivation and the fences are in bad order ; that an expenditure of one thousand dollars in improving said farm would increase its intrinsic value, make it much more productive and be to the interest and benefit of the said minor. The undersigned further reports, that the woodland could, without injury, be divided into two parts of about equal size by a line beginning, &c. (describing it), and that in his opinion, the part on the West side of said line containing twenty-four acres more or less, is the least valuable, presently and pros- pectively, and would bring at a cash sale about the sum of twelve hundred dollars. The undersigned therefore reports that it is expedient to raise the sum of one thousand dollars for the improvement and repair of said farm, and for that purpose to sell the above-mentioned twenty-four acres of woodland. All which is respectfully submitted. Wilson Robb. June 1, 1850. 85. Order of Sale. p. 289, pi. 106. 29 March 1832, P. L. 198. Chester county, ss. At an Orphans' Court, held and kept at West Ches- [Seal.] ter for said County, on the first day of May, a. d. 1850, before the Honorable Townsend Haines, President, and his Associates, Judges of said Court : It is ordered by the said C-ourt that John Rex, Administra- DECEDENTS. 189 tor, &c., of John Gregg, late of the Township of Penn, deceased (first filing in the ofl5ce of the Clerk of this Court, a bond in the sum of six thousand dollars, with James Reed and Job Wal- lace as his sureties, who are approved by the Court, conditioned for the faithful application of the proceeds of such sale accord- ing to his respective duties), (a) do expose the following described real estate of said deceased at public sale on the premises in the Township of Penn aforesaid, to wit, A tract of woodland bounded by lands of Samuel Rex, Wilson Jones and others, containing fifty acres more or less, with the appertenances, for the payment of the debts of the said intestate. Due notice of the said sale to be given according to the pro- visions of 54th section of the Act of Assembly, relating to Orphans' Courts, passed the twenty-ninth of March, a. d. 1832. By the Court, Geoege Fisher, Clerk. 86. Return to Order of Sale. To the Honorable, the Judges within named : I, John Rex, Administrator, &c., of the within- named John Gregg, deceased. Do respectfully report and return. That having given due public notice of the time and place of sale, in accordance with the provisions of the 54th section of the Act of Assembly en- titled " An Act relating to Orphans' Courts," passed the twenty- ninth day of March, A. D. 1832, I did on the first day of Oc- tober last, expose the within-mentioned real estate to sale by public vendue or outcry, and sold the same to John Robb of the said County of Chester for the sum of three thousand dol- lars, he being the best bidder and that the highest price bidden for the same : Which sale I pray may be confirmed by the Court. John Rex, November 1, 1850. Administrator. (a) The practice of the different Orphans' Courts as to time of giving se- curity, has not been uniform; some recjuiriiig the security to be given before the order issues ; others, before the confirmation of sale. See also 6th and 10th sections of lieal Estate Act of April 18, 1853. 190 DECEDENTS. 87. Return to Order of Sale on Failure of Purchaser. To the Honorable, the Judges within named : I, John Rex, Administrator, &c., of the within-named John Gregg, deceased. Do respectfully report, That having given due public notice of the time and place of sale, in accordance with the provisions of the 54th section of the Act of Assembly, entitled, "An Act relating to Orphans' Courts," passed the twenty-ninth day of March, a. d. 1832, I did, on the first day of October last, expose the within-men- tioned real estate to sale by public vendue or outcry, and the same was struck down to John Robb of the said County of Chester, at his bid, for the sum of three thousand dollars ; but the said John Robb having failed to comply with the conditions of sale, I return said real estate unsold for want of buyers. John Rex, November 1, 1850. Administrator. 88. Return to Order of Sale where no Buyers. To the Honorable, the Judges within named. I, John Rex. Administrator, &c., of the within-named John Gregg, deceased, Do respectfully report and return : That having given due public notice of the time and place of sale, in accordance with the provisions of the 54th section of the Act of Assembly, entitled " An Act relating to Orphans Courts," passed the twenty-ninth day of March, A. D. 1832, 1 did, on the first day of October last, expose the within-men- tioned real estate to sale by public vendue or outcry, and that the same remains unsold for want of buyers. John Rex, November 1, 1850. Administrator. DECEDENTS. 191 89. Conditions of Sale. p. 289, pi. 106. 29 March 18.32, P. L. 198. Conditions of sale of a tract of land, situate in the Township of Penn in the County of Chester, bounded by lands of Samuel Rex, Wilson Jones and others, containing fifty acres more or less, with the appertenances, late the estate of John Gregg, deceased, exposed to sale the first day of October, a. d. one thousand eight hundred and fifty, by order of the Orphans' Court of said county, for the payment of the debts of said decedent. 1. The highest and best bidder shall be the purchaser, the administrator reserving one open bid. (a) 2. All grain in the ground is reserved, with privilege to the owner or owners to enter upon the premises in the proper sea- sons and cut, store, thresh and haul it away, he and they leav- ing the straw on the premises. (5) 3. Immediately upon the property being struck down, the purchaser shall pay to the Administrator five per cent, of the purchase-money or give a note for the amount thereof, with approved security, payable in thirty days ; he shall also enter into an obligation with approved security, conditioned for the payment of the balance of the purchase-money on the first day of April next and for a faithful compliance in all respects with all the conditions of the sale. 4. A deed for all the right, title and interest of the said John Gregg in the said real estate will be executed and delivered to the purchaser, complying with all the conditions of sale, on the first day of April next (or as the case may be). All necessary instruments of writing to be at the expense of the purchaser. 5. Any person to whom the said tract of land shall be fairly struck down, refusing to comply with all these conditions, shall be liable to all damage resulting from his refusal, and shall not be entitled to any benefit of a subsequent sale. October 1, 1850. John Rex, Administrator, &c., of John Gregg, deceased. (a) See Stains v. Shore, 4 Harris 200. (6) Bacfcenstrop v. Stahlin's Administrators, 9 Casey 251. 192 DECEDENTS. I, John Robb of the Township of Oxford in the County of Chester, acknowledge that the within-mentioned tract of land, late the estate of John Gregg, deceased, was fairly struck down to me at my bid for the sum of three thousand dollars, and We, the said John Robb and Wilson Jones of the same township, do acknowledge, that we jointly and severally owe the said John Rex the sura of six thousand dollars, to be paid to him on the first day of April next (or as the case may be), in case the said John Robb shall not pay the above sum of three thousand dol- lars on or before said day, according to the foregoing conditions, and shall not in all respects faithfully comply with the said conditions. Witness our hands and seals the first day of October, A. D. one thousand eight hundred and fifty. Sealed and delivered in "1 John Robb, [l. s.] the presence of I WiLSON Jones, [l. s.] George Kirk, Charles Jacobs. 90. Petition of Purchaser at Executor s Sale to pay Moneys into Court. P. 290, pi. 111. 24 February 1834, P. L. 76, To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Robb of said county, Respectfully re- presents. That John Gregg of the Township of Penn in said county, lately died having made his last will and testament duly proved on the first day of June, A. D. one thousand eight hundred and fifty, and seised in his demesne as of fee, of and in a certain messuage and tract of land situate in the said Township of Penn, bounded by lands of Samuel Rex, Wilson Jones and others, and containing fifty acres more or less, with the appertenances : That by his will the said decedent ordered and directed, amongst other things, that the said messuage and ti-act of land should DECEDENTS. 193 be sold by his Executor in said will named, tbe proceeds thereof applied to the payment of his debts so far as might be neces- sary, and the remainder of said proceeds if any, should be divided equally between his wife Sarah Gregg, and his children James Gregg and Enoch Gregg, and of his said will appointed John Rex the Executor. The petitioner further represents that in pursuance of the directions of said will, the said Executor sold the said real estate to the petitioner on the fourth day of December last, for the sum of three thousand dollars. He therefore prays the Court that he may pay the said sum of three thousand dollars, the purchase-money of said sale, into Court to be disposed of according to the uses and trusts con- tained in said will.(a) And he will, &c. March 12, 1851. John Robb. (Affidavit of truth of petition to be appended.) 91. Petition of Purchaser to pay Executor. p. 290, pi. 111. 24 February 1S34, P. L. 76. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Robb of said county, Respectfully re- presents, That John Gregg of the Township of Penn in said county, lately died, having made his last will and testament, which was duly proved on the first day of June, A. D. one thousand eight hundred and fifty, and seised in his demesne as of fee, of a cer- tain messuage and tract of land situate in the said township, bounded by lands of Samuel Rex, Wilson Jones and others and containing fifty acres more or less, with the appertenances ; that by his will the said decedent ordered and directed amongst other things, that the said messuage and tract of land should be sold by his Executor in said will named, and the proceeds thereof applied to the payment of his debts so far as might be niecessary, and the remainder of said proceeds if any, should bf (a) See Cadbury v. Duval, 10 Barr 269 et seq. Dahell v. Crauford, 1 Pars 48 et seq. 13 194 DECEDENTS. equally divided amongst Sarah Gregg, the widowof the testator, and his children James Gregg and Enoch Gregg, and of his s^id will appointed John Rex the Executor. The petitioner further represents that in pursuance of the aforesaid directions, the said Executor sold the said real estate to the petitioner on the first day of December last, for the sum of three thousand dollars, to be paid on or before the first day of April next, that the petitioner is desirous to pay the said purchase-money to the said Executor, according to the contract of the aforesaid sale. He therefore prays the Court to grant him leave to pay the said sum of three thousand dollars, the purchase-money afore- said to the said John Rex as Executor, &c., of said deceased, to be disposed of according to the uses and trusts of said ■will.(a) And he "will, &c. March 10, 1851. John Robb. (Affidavit of truth of petition to be appended.) 92. Refunding Bond for Share of Real Estate. p. 290, pi. 112. 24 February 1834, P. L. 76. Know all men by these presents. That we, James Gregg, Enoch Gregg and Wilson Jones, all of the County of Chester and State of Pennsylvania, are held and firmly bound to John Rex, Executor of the last will and testament of John Gregg, late of the Township of Penn in said county, deceased, in the sum of one thousand dollars lawful money of the United States, to be paid to the said John Rex, his certain attorney, executors, administrators or assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators firmly by these presents. Sealed with our seals, dated the first day of April, in the year of our Lord one thousand eight hundred and fifty-one. Whereas the said James Gregg, one of the heirs of the above- named John Gregg, deceased, is entitled to receive the sum of five hundred dollars of the proceeds of the real estate of said (a) See Cadbury v. Duval, 10 Barr 269 et seq. Dalzell v. Crawford, 1 Pars. 48 e< seq. DECEDENTS. 195 decedent, sold pursuant to the directions of his will (or — to an order of the Orphans' Court of Chester County — as the case may be), and the said John Rex is about to pay the said sum of five hundred dollars to the said James Gregg : Now the condition of this obligation is such that in case, after the payment of the said sum of five hundred dollars to the said James Gregg by the said John Rex, any debt or demand shall be recovered against the estate of the said John Gregg, de- ceased, or otherwise be duly made to appear, if the said James Gregg shall and will refund the rateable part of such demand, and the costs and charges attending the recovery of the same, so far as such real estate would have been liable to such demand if it had remained unsold, then this obligation to be void, or else shall be and remain in full force and virtue. Sealed and delivered in the -. James Gregg, [l. s.] presence of f Enoch Gregg, [l. s.] James Wills. j Wilson Jones, [l. s.] George Beale. ^ 93. Petition for Cleric to execute Deed on Death of Adminis- trator. p. 291, pi. 114. 29 March 1832, P. L. 204. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Robb of said county, respectfully repre- sents : That by virtue of an order of this Court, a certain messuage and tract of land situate in the Township of Penn in said county, bounded by lands of Samuel Rex, Wilson Jones and others, late the estate of John Gregg, deceased, was exposed to sale on the first day of October last, by John Rex, Administrator of said deceased, and sold to the petitioner for the sum of three thou- sand dollars, of which, in accordance with the conditions of said sale, the sum of one hundred and fifty dollars has been paid by the petitioner and the remaining two thousand eight hundred and fifty dollars are to be paid on the first day of April next, 196 DECEDENTS. and the said sale on return thereof being made by the said Administrator, was confirmed by this Court on the first day of November last. The petitioner further represents, that since the said sale, to wit, on or about the first day of November last, the said Administrator has died (or — has been removed by the Court — as the case may be), and that no conveyance of said real estate has been made to the petitioner as the purchaser thereof; that more than three months have elapsed since said sale, and there has been no Administrator to succeed the said John Rex : The petitioner therefore prays the Court to direct the Clerk of this Court to execute and deliver to the petitioner, as purchaser aforesaid, the necessary deed of conveyance on his full compliance with the terms and conditions of sale, and on his paying into Court the moneys payable by said terms and conditions. And he will, &c. March 12, 1861. John Robb. (Affidavit of truth of petition to be appended.) 94. Petition for Order to Administrator refusing to make Deed. p. 291, pi. 114. 29 March 1832, P. L. 204. To the Honorable, the Judges of the Orphans' Court of Chester County. The petition of John Robb of said county, respectfully represents : That by virtue of an order of this Court, a certain messuage and tract of land situate in the Township of Penn in said county, bounded by lauds of Samuel Rex, Wilson Jones and others, late of the estate of John Gregg, deceased, was exposed to sale on the first day of October last by John Rex, Administrator, &c., of said deceased, and sold to the petitioner for the sum of three thousand dollars, of which, in accordance with the con- ditions of sale, the sum of three hundred dollars has been paid by the petitioner and the remaining sum of twenty-seven hun- dred dollars was to be paid on the first day of April last. The DECEDENTS. 197 petitioner further represents, that he was ready and willing to pay the said sum of twenty-seven hundred dollars on the said first day of April, and on that day tendered the said sum to the said John Rex, in compliance with the conditions of said sale, and requested from the said Administrator a deed for the said real estate ; that the said Administrator has neglected and refused to execute and deliver such deed : The petitioner there- fore prays the Court to make an order requiring the said John Rex, Administrator aforesaid, to execute said deed. And he will, &c. May 1, 1851. John Robb. (Affidavit of truth of petition to be appended.) 95. Petition for Clerk to make Deed after Order to Adminis- trator. p. 291, pi. 114. 29 March 1832, P. L. 204. To the Honorable, the Judges of the Orphans' Court of Chester County: The petition of John Robb of said county, respectfully represents, That by virtue of an order of this Court, a certain messuage and tract of land situate in the Township of Penn in said county, bounded by lands of Samuel Rex, Wilson Jones and others, late the estate of John Gregg, deceased, was exposed to sale on the first day of October last by John Rex, Administrator, &c., of said deceased, and sold to the petitioner for the sum of three thousand dollars, of which, in accordance with the conditions of said sale, the sum of three hundred dollars has been paid by the petitioner, and the remaining sum of twenty-seven hundred dollars was to be paid by him on the first day of April last, and a deed executed and delivered to him by the said Adminis- trator. The petitioner further represents, that on the first day of May, A. D. 1851, this Court made an order requiring the said John Rex to execute a deed to the petitioner for the said real estate on or before the tenth day of June then next, of 198 DECEDENTS. "whicli order tlie said John Rex has had due notice for the space of thirty days before the said day, as will appear by proof of service of the same hereto annexed. The petitioner therefore prays the Court to direct the Clerk of the Court to execute and deliver to the petitioner as pur- chaser aforesaid, the necessary deed of conveyance of the said real estate, on his full compliance with the terms and conditions of sale and paying into Court the moneys payable by the said terms and conditions. And he will, &c. June 12, 1851. John Robb. (AflSdavit of truth of petition to be appended.) 96. Petition to sell unproductive, ^c, Lands of Minor. p. 292, pi., 118. 3 April 1851, P. L. 305. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Robb, Guardian, &c., of James Gregg, a minor child of John Gregg, late of the Township of Penn in the County of Chester, deceased, respectfully represents. That the said minor is seised in his demesne as of fee, of and in a certain tract of woodland, situate in the said Township of Penn, bounded by lands of John Wallace, Wilson Jones and others, and containing fifty acres more or less, with the apper- tenances ; that the said land is entirely unproductive and is not increasing in value (or as the case may be), and that it would be to the interest of the said James Gregg that the same should be sold. The petitioner therefore prays the Court to authorize him to make sale of said land. And he will, &c. May 1, 18o0. John Robb. (Affidavit of Guardian of truth of petition to be appended.) Chester county, ss. George Jones and Wilson Jones being duly sworn say, that DECEDENTS. 199 they are acquainted with the tract of woodland, the estate of Jaraes Gregg, the minor mentioned in the foregoing petition, and are of opinion that the same would bring at a cash sale the sum of five thousand dollars, and that they are in no wise interested in said estate. Sworn and subscribed, May 1, 1850, before George Fisher, Clerl: of Orphans' Court. George Jones, Wilson Jones. 97. Petition for Sale of Land where Minor is Remainderman. p. 292, pi. 118. 3 April 1851, P. L. 305. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Sarah Gregg of said county, respectfully represents, That under and by virtue of the will of John Gregg, late of the Township of Penn in said county, deceased, she holds for her life with remainder in fee to James Gregg and Enoch Gregg, a certain messuage and tract of land situate in said township, bounded by lands of Wilson Jones, John Wallace and others, containing one hundred acres more or less, with the apperte- nances ; that the said James Gregg and Enoch Gregg are minor children of the said John Gregg, and have for their guardian, John Robb. The petitioner further represents that it will be for the interest of the said minors that the said land should be sold ; she therefore prays the Court to appoint a trustee to make sale of said land, and to hold the proceeds thereof in trust for the parties interested therein, according to the Act of As- sembly in such case made and provided. And she will, &c. May 1, 1850. Sarah Gregg. (Affidavit of petitioner as to truth of petition and affidavit of value to be appended.) 200 DECEDENTS. 98. Petition ly Trustee for Sale, where Lands are Unpro- ductive. p. 292, pi. 118. 3 April 1851, P. L. 305. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of George Jones of said county, respectfully represents, That John Gregg, late of the Township of Penn in said county, died about the first day of June, A. D, one thousand eight hundred and fifty, having made his last will and testa- ment, which was proved on the last-mentioned day, and by his said will devised to the petitioner in fee, a certain messuage and tract of land situate in the said Township of Penn, bounded by lands of John Wallace, Wilson Jones and others and containins one hundred acres more or less, with the appertenances, to be held by the petitioner in trust nevertheless to collect and receive the rents, issues and profits thereof, and after deduct- ing the necessary expenses, to pay the balance of the said proceeds to Sarah Gregg, the widow of the testator, semi- annually during the term of her life, and at and upon her decease, in trust to sell the said land and distribute the proceeds to and amongst the children of the testator's deceased daughter, Mary Rex, the wife of John Rex ; and that the children of the said Mary Rex are Job Rex and Ellen Rex, both of whom are minors, residing in said county and having for their guardian, John Robb. The petitioner further represents, that the said tract of land is so unproductive and so greatly out of repair, that after paying the necessary and proper expenses, there is a very small sum payable to the said Sarah Gregg, that the said real estate is depreciating in value (or as the case may be), and that it would be to the interest of the said Sarah Gregcj; and the said Job Rex and Ellen Rex, that the said land should be sold. The petitioner therefore prays the Court to authorize him to DECEDENTS. 201 make sale of said land, according to the Act of Assembly in such case made and provided. And he will, &c. George Jones. May 1, 1851. (Affidavit of Trustee of truth of petition and affidavit of value to be appended.) 99. Order for Notice of Application for Sale of Minor s Land. p. 292, pi. 119. 3 April 1S51, P. L. 306. And now, May 1, 1851, upon the application of John Robb, guardian, &c., of James Gregg, a minor child of John Gregg, late of the Township of Penn in the County of Chester, deceased, for a sale of the real estate of said minor, the Court appoint the twelfth day of June next, for the hearing and investigating the facts of the case ; and direct notice of said day and the aforesaid application to be given to Sarah Gregg, the next of kin of said minor, at least thirty days prior to the said twelfth day of June. 100. Bond of Guardian on Sale of Land. p. 292, pi. 122. 3 April 1851, P. L. 306. Know all men by these presents, that we, John Robb, guar- dian of the person and estate of James Gregg, a minor child of John Gregg, late of the Township of Penn in the County of Chester and State of Pennsylvania, deceased, Job Wallace and Enoch Rex, all of said County of Chester, are held and firmly bound to the Commonwealth of Pennsylvania in the sum of twelve thousand dollars, lawful money of the United States, to be paid to the Commonwealth, her certain attorney and assigns, to which payment well and truly to be made we bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, dated the 202 DECEDENTS. first day of November, in tlie year of our Lord, one thousand eight hundred and fifty. Whereas, by virtue of an order of the Orphans' Court of said County of Chester, made the first day of May in the year afore- said, the said John Robb, guardian aforesaid, sohl certain lands in the said order mentioned, the estate of the said James Gregg, to one Robert Jones for the sum of six thousand dollars, and the said Court, upon the return thereof by the said guardian on the first day of November, a. d. 1850, did order and decree that upon the said John Robb filing in the office of the Clerk of said Court, a bond to the Commonwealth in the sum of twelve thousand dollars, with Job Wallace and Enoch Rex as his sureties, who are approved by the Court, conditioned for the faithful appropriation of the proceeds of said sale, the said sale should be confirmed : Now the condition of this obligation is such, that if the said John Robb, guardian aforesaid, shall faithfully appropriate the proceeds of said sale, then the above obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in pre- sence of John Robb, [l. s.] Job Wallace, [l. s.] George Fisher, [ Enoch Rex, [l. s.] Charles Jacobs. I 101. Petition to let Minor s Land on G-round-Rent. p. 292, pi. 123. 16 March 1847, P. L. 474. To The Honorable, the Judges of the Orphans' Court of Chester County: The petition of John Robb, guardian of the person and estate of James Gregg, a minor child of John Gregg, late of the Township of Penn in the said county, deceased, respectfully represents, That the said minor is the owner of a certain lot of vacant gi'ound situate at the south-east corner of New and Chestnut Streets, in the Borough of West Chester in said county, being one hundred feet on New Street, and one hundred and fifty DECEDENTS. 203 feet on Chestnut Street ; that said vacant ground is unproduc- tive and very expensive, and that it will be to the interest of said minor that the same should be let on ground-rent. The petitioner therefore prays the Court to make a decree authorizing him to let the same on ground-rent and execute the proper and necessary deeds therefor, reserving thereout such yearly rent as to the Court may seem reasonable and just, and making the principal or consideration-money to become payable after the period at which the said minor shall become of full age. And he will, &c. May 1, 1850. John Robb. (Affidavit of Guardian of truth of petition to be appended.) 102. Petition for Partition. p. 292, pi. 124. 29 March 1832, P. L. 201. To the Honorable, the Judges of the Orphans' Court of Ches- ter County : The petition of James Gregg, a son of John Gregg, late of the Township of Penn in the said county, deceased, respectfully represents. That the said John Gregg died about the first day of May, Anno Domini, one thousand eight hundred and fifty, intestate, seised in his demesne as of fee, of and in a certain messuage and tract of land, situate in said Township of Penn, bounded by lands of Wallace Boyd, James Rex and others, and containing one hundred acres more or less, with the appertenances, and leaving to survive him a widow, Sarah Gregg, and two children, viz. : James Gregg, the petitioner, and Ellen Gregg, a minor, having for her guardian John Robb ; that under and by virtue of the intestate laws of this Commonwealth it belongs to the said Sarah Gregg to have one equal third part of said real estate for and during the term of her life, and to the said James Gregg and the said Ellen Gregg each it belongs to have one equal half part of the remaining two-thirds of said real estate in fee. No partition of said real estate having been had, the petitioner prays the Court to aAvard an inquest to make partition of the 204 DECEDENTS. said real estate to and among the aforesaid parties according to their respective rights.(a) And he "will, &c. June 12, 1850. James Gregg. (Affidavit of truth of petition to he appended. 103. Petition for Seven Men to make Partition. p. 292, pi. 124. 29 March 1832, P. L. 201. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Sarah Gregg, James Gregg and Ellen Gregg, a minor, by her guardian George Jones, respectfully represents. That John Gregg lately died intestate, seised in his demesne as of fee, of and in a certain messuage and tract of land situate in the Township of Penn in said county, bounded by lands of Wallace Boyd, James Rex and others, containing one hundred acres more or less, with the appertenances, and leaving to sur- vive him a widow, the above-named Sarah Gregg, and two children, viz., the said James Gregg and Ellen Gregg, the last being a minor, and having for her guardian the said George Jones ; that under and by virtue of the intestate laws of this Commonwealth, it belongs to the said Sarah Gregg to have one equal third part of said real estate for and during the term of her life, and to the said James Gregg and Ellen Gregg each it belongs to have one equal third part of said real estate in fee. No partition of said real estate having been had, the petitioners pray the Court to appoint Joseph Jones, &c., &c., seven (or more as the case may be), disinterested persons, chosen on behalf and with consent of the parties to make partition of the real estate amongst them according to their respective rights. And they will, &c. Sarah Gregg, James Gregg, Ellex Gregg. June 12, 1850. By her guardian, George Jones. (Affidavit of truth of petition to be appended.) (a) See Gourlei^ v. Kinlei/, 16 P. F. Smith 270. DECEDENTS. 205 104. Petition for Partition where some Parties are Unknown. p. 293, pi. 128. 14 April 1835, P. L. 275. To the Honorable, the Judges of the Orphans' Court of the County of Chester : The petition of James Gregg, a son of John Gregg, late of the Township of Penn in the County of Chester, deceased, respectfully represents. That the said John Gregg died about the first day of May, in the year of our Lord one thousand eight hundred and fifty, intestate, leaving to survive him a widow, Sarah Gregg, two children, viz., the petitioner and Ellen Gregg, a minor, who has for her guardian John Robb, all residing in said County of Chester, and also the children of a deceased son, Robert Gregg, who, many years since, removed to the State of Illinois, and died there shortly after his removal and in the lifetime of the said John Gregg, leaving to survive him four children, of whom the petitioner has not heard since the death of their father and whose names and residence are therefore unknown to the peti- tioner : That the said John Gregg died seised in his demesne as of fee, of and in a messuage and tract of land situate in the said Township of Penn, bounded bj' lands of Wallace Boyd, James Rex and others, and containing one hundred acres more or less, with the appertenances ; that under and by virtue of the intestate laws of this Commonwealth, to the said Sarah Gregg it belongs to have one-third part of said real estate for and during the term of her natural life ; that to the said James Gregg, the petitioner, and the said Ellen Gregg it belongs each to have four equal eighteenth parts of the said real estate, and to each of the children of the said Robert Gregg, deceased, it belongs to have one equal eighteenth part of said real estate in fee. No partition of the said real estate having been had, the petitioner prays the Court to award an inquest to make parti- tion of the same to and amongst the aforesaid parties according to their respective rights. And he will, &c. James Gregg. 206 DECEDENTS. Chester county, ss. James Gregg, the above-named petitioner, being duly sworn, says, that the statements in the foregoing petition are true, as he verily believes, and that the names and residences of the children of the said Robert Gregg, deceased, are unknown to the petitioner. , Sworn and subscribed, June 12, ""j James Gregg. 1860, in open Court, V George Fisher, Clerk. I 105. Petition for Commissioners to Divide. P. 773, pi. 25. 27 April 1855, P. L. 369. P. 292, pi. 124. 29 March 1832, P. L. 201. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Sarah Gregg, widow of John Gregg, late of the Township of Penn in the County of Chester, deceased, James Gregg and Ellen Gregg (a minor, by her guardian, John Robb), children of said deceased, Respectfully represents. That the said John Gregg died about the first day of May, A. D. one thousand eight hundred and fifty, intestate, leaving to survive him the petitioners, his widow and children as above named, and seised in his demesne as of fee, of and in a certain messuage and tract of land in the said Township of Penn, bounded by lands of Wallace Boyd, Enoch Rex and others, containing one hundred acres more or less, with the apperte- nances ; that under and by virtue of the intestate laws of this Commonwealth it belongs to the said Sarah Gregg to have one equal third part of the said real estate during her natural life, and to the said James Gregg and Ellen Gregg each it belongs to have one equal third part of the said real estate in fee. No partition of said real estate having been had, the petitioners pray the Court to appoint Job Rex, George Jones and Thomas Rex, agreed and nominated by the parties, commissioners to DECEDENTS. - 207 divide and value the said real estate with the same eflfect as a sheriflF's inquisition for the same purpose. (a) And they will, &c. Sarah Greog, James Gregg, Ellen Gregg, Bj her guardian, John Robb. June 12, 1850. (Aflfidavit of truth of petition to be appended.) 106. Petition for Partition under Devise. p. 293, pi. 125. 1.3 April 1840, P. L. .320. To the Honorable, the Judges of the Orphans' Court of the County of Chester : The petition of James Gregg, Respectfully represents, That John Gregg, late of said county, died in or about the month of May, A. D. one thousand eight hundred and fifty, seised in his demesne as of fee, of and in a certain messuage and tract of land, situate in the Township of Penn in said County of Chester, bounded by lands of Wallace Boyd, Enoch Rex and others, and containing one hundred acres more or less, with the appertenances, having made his last will and testament dated the first day of April in the year aforesaid, and proved the first day of June in the same year ; that by his said will the testator devised the said messuage and tract of land to his two grand- children, James Robb and Charles Robb, children of a deceased daughter, Sarah Robb and your petitioner in fee, to be equally divided amongst them ; that the said James Robb and Charles Robb are minors, and have for their guardian Enoch Rex ; that by virtue of the said devise, the said James Robb, Charles Robb and your petitioner are each entitled to one undivided third part of said premises. The petitioner therefore prays the (a) See Gourley v. KinJeij, 16 P. F. Smith 270. 208 DECEDENTS. Court to award an inquest to make partition of the aforesaid real estate to and among the parties entitled thereto. And he ■will, &c. James Gregg. June 12, 1860. (Affidavit of truth of petition to be appended.) 107. Petition for Partition of Land held in Common. p. 293, pi. 127. 13 March 1847, P. L. 319. To the Honorable, the Judges of the Orphans' Court of the Chester County: The petition of James Gregg respectfully represents, That John Gregg of said county, lately died intestate, seised in his demesne as of fee, as tenant in common -with Enoch Rex, of and in an undivided moiety or half part of a messuage aid tract of land, situate in the Township of Penn in said county, bounded by lands of John Rex, John Robb and others, and con- taining one hundred acres more or less, with the appertenances, and also seised in his demesne as of fee in severalty of and in a certain other messuage and tract of land in the same Township of Penn, bounded by lands of William James, George Ralston and others, and containing fifty acres more or less, with the appertenances : That the said John Gregg left to survive him a widow, Sarah Gregg, two children, George Gregg, — his eldest son, — and the petitioner, and two grandchildren, James Robb and Charles Robb, children of Jane Robb a daughter, now dead, of the said John Gregg : That by virtue of the laws of this Commonwealth, the said Sarah Gregg is entitled to have one- third part of the said real estate of the said John Gregg for the term of her natural life ; that the said George Gregg and James Gregg are each entitled to two-sixth parts, and the said James Robb and Charles Robb each to one-sixth part of the remaining two-third parts, the same into six equal parts to be divided. DECEDENTS. 209 The petitioner therefore prays the Court to award an inquest to make partition of the said real estate according to law. And he will, &c. James Gregg. (AflSdavit of truth of petition to be appended.) 108. Return of Seven {or Three) 3Ien on Land held in in Common. P. 293, pi. 127. 13 March 1847, P. L. 319. P. 773, pi. 25. 27 April 1855, P. L. 201. To the Honorable, the Judges of the Orphans' Court of Ches- ter County ; The undersigned, seven (or three) men appointed by the annexed order to value and divide the real estate in said order mentioned, respectfully report and return. That on the first day of September, A. D. one thousand eight hundred and sixty, we went on to the said premises, and in presence of as many of the parties as chose to be present, all having been duly warned, and said seven (or three) men having been duly sworn and aflSrmed according to law, they found that the said premises could not be conveniently divided into as many shares as there are parties entitled, but that the same can be divided into three shares, and they do therefore divide the same as follows, viz. : Lot No. 1. The undivided moiety or half part of the within-mentioned messuage and tract of land, of which the said decedent was seised as tenant in common with Enoch Rex, the same being situate in the Township of Penn in said County of Chester, bounded by lands of John Rex, John Roberts and others, the whole tract containing one hundred acres more or less, with the appertenances ; which undivided moiety we appraise at the sum of six thousand dollars, and we value the part or share in said lot, to which the said Sarah Gregg, the widow of said decedent is entitled, at the sum of two thousand dollars. Lot No. 2. That part of the within-mentioned messuage and tract of land of which the decedent was seised in severalty beginning at a stone, thence, &c., and containing thirty acres 1-1 210 DECEDENTS. more or less, "witli tlie appertenances, Tvliicli said lot No. 2, we appraise at the sum of three thousand dollars, and we value the purpart or share in said lot to which the said Sarah Gregg, widow aforesaid, is entitled at the sum of one thousand dollars. Lot No. 3. Being the remaining part of the said messuage and tract of land held by the decedent in severalty beginning, &:c., containing twenty acres more or less, with the appertenances ; which said lot No. 3, we appraise at the sum of fifteen hundred dollars, and we value the purpart^or share to which the said Sarah Gregg, widow aforesaid, is entitled, at the sum of five hundred dollars. Witness our hands the first day of September aforesaid. Joseph Jacobs, Thomas Good, &c., &c. 109. Petition for Rule on Heirs. p. 294, pi. 133. 29 March 1832, P. L. 201. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, one of the children of John Gregg, late of the Township of Penn in said county, deceased. Respectfully represents. That an inquest awarded by this Court at the May sessions 1850, made return that the real estate of the decedent in said inquisition mentioned, could not be divided amongst the parties entitled thereto, without prejudice to, or spoiling the whole, but had appraised the same at the sum of six thousand dollars, which return was confirmed nisi, on the tenth day of August last. The petitioner therefore prays the Court to grant a rule on all persons interested, to come into Court on a certain day to be fixed by this Court, to accept or refuse said estate. And he will, &c. James Gregg. September 12, 1850. DECEDENTS. 211 110. Petition of Heir offering Advance on Valuation. p. 77*, pi. 28. 22 April 1856, P. L. 534. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, a son of John Gregg, late of the Township of Penn in the County of Chester, deceased, Respectfully represents. That an inquest awarded by this Court (or as the case may be), have returned that they have valued the real estate of the said deceased at the sum of six thousand dollars, and that the return of said inquest was confirmed nisi on the tenth day of June instant ; the petitioner further represents, that he is one of the parties in interest in the said real estate, and hereby offers the sum of three hundred dollars beyond the said valua- tion for the said real estate and prays that the same may be allotted to him at the sum of six thousand three hundred dollars. And he will, &c. June 12, 1850. James Gregg. 111. Adjudication to Heir Accejyting. Pp. 293, 294, 295, pi. 129, 130, 137. 29 March 1832, P. L. 201, 202. P. 774, pi. 28, 13 April 1856, P. L. 534. In the matter of the partition of the Real Estate of John Gregg, late of the Township of Penn, deceased. And now, October 30th, A. D. 1850, the inquest heretofore awarded to make partition of the real estate of said deceased, having made return that the same could not be divided amongst the parties entitled without prejudice to or spoiling the whole and that they had valued the same at the sum of six thousand dollars, and proof having been made of the due service of a rule upon all the persons interested in said estate to appear in Court this day and accept or refus^the same at the appraisement and said proof having been adjudged sufficient, James Gregg, one of the parties in interest, appeared in open Court and offered in writing the sum of three hundred dollars therefor above the sum of six thou- sand dollars, the valuation returned as aforesaid, and asked that 212 DECEDENTS. the said real estate might be ordered to him, at the sum of six thousand three hundred dollars ; and the said sum of three hun- dred dollars being the highest price offered therefor above the valuation, the Court do allot and order the said real estate to the said James Gregg, at the said sum of six thousand three hundred dollars — he paying to the other parties interested, in one year, their proportionable part of the said sum at which the same is allotted and ordered to him as aforesaid, with inte- rest. And it is further ordered by the Court, that the said James Gregg do enter into recognisance to the Commonwealth in the sum of nine thousand dollars, conditioned to pay the other parties interested their proportionable parts of the said sum of six thousand three hundred dollars, according to the order of the Court ; and also giving bond to each of the distri- butees, with John Robb and Enoch Rex as his sureties, — who are approved by the Court, — for the payment of their respec- tive shares on or before the thirtieth day of October next, with interest. The purpart or share of Sarah Gregg, the widow of said de- ceased, to wit, the sum of two thousand one hundred dollars, with the interest thereof, to be and remain charged upon the premises, and the legal interest thereof to be annually and regu- larly paid by the said James Gregg, his heirs and assigns hold- ing said premises, to the said Sarah Gregg during her natural life, to be recovered by the said Sarah Gregg, by distress or otherwise, as rents in this Commonwealth are recoverable ; and at her death, the said principal sum of two thousand one hun- dred dollars to be paid by the said James Gregg, his heirs and assigns holding the premises, to the persons thereunto legally entitled. DECEDENTS. 213 112. Decree charging Widoivs Interest on Part of Real Estate : to he added to Adjudication or Order of Sale after Petition. p. 1459, pi. 4. 7 January 1867, P. L. 1367. And it further appearing to the Court that said tract No. 1 is fullj sufficient to secure the principal and interest of the share or purpart of Sarah Gregg, deceased, in the whole of the real estate of said decedent. It is decreed that the said share or purpart of the said Sarah Gregg, to wit the sum of two thousand one hundred dollars, together with the interest thereof, shall be and remain charged on said lot No. 1, and the legal interest thereof be annually and regularly paid by the said James Gregg (or by the purchaser if a sale), his heirs and as- signs holding said premises of lot No. 1, to the said Sarah Gregg during her natural life, to be recovered by the said Sarah Gregg by distress or otherwise as rents in this Commonwealth are re- coverable and at her death the said principal sum of two thou- sand one hundred dollars, to be paid by the said James Gregg (or the purchaser), his heirs and assigns holding said premises to the persons legally entitled thereto : and it is further decreed that the remaining tracts or pieces of land of said decedent shall be wholly discharged from the share and purpart of said widow or any part thereof. 113. Adjudication on Acceptance of Two or more Heirs. p. 294, pi. 131. 29 March 1832, P. L. 201. In the matter of the partition of the Real Estate of John Gregg, late of the Township of Penn, deceased. And now, October 30th, a. d. 1850, the inquest heretofore awarded to make partition of the real estate of said deceased, having made return that equal partition in value could not be made, but that they had divided the same into two purparts or shares, particularly described in said return, and had appraised 214 DECEDENTS. purpart or share No- 1, at the sum of two thousand dollars, and purpart or share No. 2, at the sUm of three thousand dol- lars ; the Court do order lot No. 1, to James Gregg, the eldest son of said deceased, who appeared in open Court and ac- cepted the same at the said sum of two thousand dollars ; and do order lot No. 2, to Charles Gregg the other son of said de- ceased, who appeared in open Court and accepted the same at the said sum of three thousand dollars ; and the Court do further award that the said purpart or share No. 2, shall be subject to the payment of the sum of five hundred dollars, said sum being necessary to equalize the value of the said two purparts or shares according to the aforesaid appraisement thereof; and the Court do further order, that the said Charles Gregg do enter into recognisance to the Commonwealth in the sum of one thou- sand dollars, conditioned for the payment of the said sum of five hundred dollars to the said James Gregg, in one year, with interest, and also do give bond to the said James Gregg, with John Robb and Enoch Rex as his sureties, — who are approved by the Court, — conditioned for the payment to the said James Gregg, of the sum of five hundred dollars with interest, in manner aforesaid. 114. Petition for Decree of Payment of Owelty. p. 295, pi. 136. 6 April 1844, P. L. 214. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg a son of John Gregg, late of the Township of Peun, in said county, deceased, respectfully represents. That, by virtue of certain proceedings in relation to the par- tition of the real estate of the said John Gregg, deceased, it was so proceeded in, by this Court, that on the thirtieth day of October last past. Lot No. 1, of said real estate, was ordered to your petitioner and accepted by him at the sum of two thousand DECEDENTS. 215 dollars, and Lot No. 2 of said real estate was decreed to Charles Gregg, another son of the decedent, at the sum of three thou- sand dollars, and the Court awarded that the said lot No. 2 should be subject to the payment to the petitioner of the sum of five hundred dollars, the said sum being necessary to equalize the purparts of the said Charles Grregg and the petitioner. The petitioner further represents that the said Charles Gregg does not reside in this Commonwealth, but resides in the city of New York, that the said owelty remains unpaid, and the petitioner is therefore lawfully interested in the same : He therefore prays the Court to order a rule upon the said Charles Gregg, requiring the payment of said owelty, at such time and upon such terms and conditions as the Court shall direct, and if upon the return of said rule and proof of service thereof, according to the order of the Court, the said Charles Gregg shall refuse or neglect to comply with the same, that the Court will enforce the said rule, by ordering the sale of said lot No. 2, so as aforesaid decreed to the said Charles Gregg, for the purpose of paying said owelty, as in other cases of sales, under the Act of Assembly of the 29th day of March, a. d. 1832. And he will, &c. James Gregg. December 11, 1850. (Affidavit of truth of petition to be appended.) 115. Petition to Value the Interest of Widow of Tenayit in Common. p. 295, pi. 138. 24 April 1843, P. L. G60. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Sarah Gregg, widow of John Gregg, late of the township of Penn in said County of Chester, deceased, Respectfully represents, That the said John Gregg lately died intestate, and was at 216 DECEDEXTS. the time of his death entitled in common with John Robb, to an undivided moiety or half part of a messuage and tract of land, situate in the said Township of Penn, bounded by lands of Enoch Rex, Wallace Boyd and others, and containing fifty acres more or less, with the appertenances : that the said John Gregg left to survive him, his widow, the petitioner and two children, James Gregg and Charles Grecrg;, and two grand- children, Job Robb and Ruth Robb, children of Mary Robb, late Gregg, a daughter, now dead, of the decedent, said grand- children being minors, and having for their guardian George Rex : The petitioner further represents, that the said co-tenants have failed to make partition among themselves, so as to set out in severalty the portion of said messuage and tract of land appertaining to the estate of the said John Gregg, deceased ; that more than one year has elapsed since the estate of the said intestate has come into the possession of his representatives, and that the said John Robb, James Gregg-, Charles Grecrcr, Job Robb, Ruth Robb and the petitioner, are all the parties having an interest in the premises : The petitioner therefore prays this Court, to call before them all the said parties having an interest in the said premises, and to order an inquest to value the share or interest of the petitioner, as widow aforesaid in the same, having reference to the said intestate's purpart. And she will, &c., Sarah Gregg. April 20, 1850. (AflBdavit of truth of petition to be appended.) 116. Petition of Co-tenant to Charge Widoiv's Interest on De- cedent's Share. P. 295, pi. 138. 24 April 184.-?, P. L. 360. To the Honorable, the Judges of the Orphans' Court of Chester County : DECEDENTS. 21T The petition of John Robb, respectfully represents, That John Gregg lately died intestate, leaving to survive him, his widow, Sarah Gregg, and two children, viz. : James Gregg and Charles Gregg, and two grandchildren, Job Robb and Ruth Robb, — children of Mary Robb, late Gregg, a daughter, now deceased, of the decedent — said grandchildren being minors, and having for their guardian George Rex : That at the time of his death, the said John Gregg was entitled, in common with the petitioner, to an undivided moiety or half part of a messuage and tract of land situate in the Township of Penn, bounded by lands of Enoch Rex, Wallace Boyd and others, containing fifty acres more or less, with the appertenances. The petitioner further represents, that since the death of the said intestate, such proceedings were had in this Court, upon the application of the said Sarah Gregg, that an inquest ordered by this Court made return, that they had valued her share or interest, as widow aforesaid, in said premises, at the sum of one thousand dollars, which return was confirmed the tenth day of January, A. D. one thousand eight hundred and fifty, and the said valua- tion remained charged upon said premises according to law. The petitioner further represents, that since the return of said inquest and confirmation thereof as aforesaid, in a certain action in the Court of Common Pleas of said county, No. 10, to April Term, 1850, partition of said premises has been made between him and the representatives of the said John Gregg, deceased, by which the share or part appertaining to the said intestate's estate has been set out in severalty, that is to say. Lot No. 2, as described in the return of the inquest in said action, was allotted to the above-named James Gregg, Charles Gregg, Job Robb and Ruth Robb, as the heirs and representa- tives of the said John Gregg, deceased. The petitioner there- fore prays the Court to make a decree charging the said valua- tion of the share or interest of the said Sarah Gregc;, as widow aforesaid, in such manner as the Court shall deem just and equi- table, upon the said lot No. 2 of the premises so allotted to the heirs and legal representatives of the said John Gregg, deceased, 218 DECEDENTS. and discharging all the other parts of the premises there- from. And he will, kc, January 1, 1851. John Robb. (Affidavit of truth of petition to he appended.) 111. Decree Charging Interest of Widow of Deceased Co- ' Tenant on Land after Sale. p. 295, pi. 138. 24 April 1843, P. L. 360. P. 297, pi. 152. 29 March 1832, P. L. 203. John Robb In the Court of Com- mon Pleas of Ches- ter County. Order of sale after -writ de partitione faci- enda. No. 10, to July Term, 1851. James Gregg, Charles Gregg, Job Robb and Ruth Robb, minors (who have for their guardian George Rex), heirs and representatives of John Gregg, deceased. And now, December 1, 1851, it appearing to the Court, that the premises mentioned in said order have been sold by the Sheriff of said county to John Rex, for the sum of six thou- sand dollars, and it further appearing that the Orphans' Court of said county did, on the first day of June last, order that the sum of one thousand dollars should remain charged upon the said premises, as the value of the share or interest of Sarah Gregg, widow of the said John Gregg, deceased, in the one un- divided moiety or half part of said premises to which he was entitled at the time of his death, in common w4th the said John Robb, it is ordered and decreed by the Court that the sum of one thousand dollars (part of the sum of six thousand dollars, the purchase-money aforesaid,) shall remain in the hands of the said John Rex during the natural life of the said Sarah Gregg, widow aforesaid, and the interest thereof shall be annually and regularly paid to her by the said John Rex, his heirs and assigns holding the said premises, to be recovered by distress or other- wise as rents are recoverable in this Commonwealth, and at her decease the said sum of one thousand dollars shall be paid to the persons legally entitled thereto. DECEDENTS. 219 118. Petition for Inquest where there is a Life Estate. p. 296, pi. 141. 29 March 1832, P. L. 203. To the Honorable, the Judges of the Orphans' Court of the County of Chester : The petition of James Gregg, Respectfully represents, That John Gregg, late of the Township of Penn in said county, deceased, lately died intestate, leaving no widow, mother or lineal descendants, but leaving to survive him a father, George Gregg, and three brothers, viz. : James Gregg, Charles Gregg, and Robert Gregg, all residing in the County of Chester : That the said John Gregg died seised in his demesne as of fee of and in a certain messuge and tract of land situate in the said Town- ship of Penn, bounded by lands of Enoch Rex, Wallace Boyd and others, and containing fifty acres more or less, with the appertenances. That by virtue of the laws of this Common- wealth, the said James Greiro;, Charles Gregs and Robert Gregg, are each entitled to one equal undivided third part of said premises, subject to the life estate of the said George Gregg in the same ; the petitioner therefore prays the Court to award an inquest to make partition of said premises to and amongst the persons entitled to the same as aforesaid. And he will, &c., June 12, 1850. James Gregg. (AflBdavit of truth of petition to be appended.) 119. Decree of Adjudication to Remainderman. p. 296, pi. 141. 29 March 1S32, P. L. 203. In the matter of the partition of the real estate of John Gregg, late of the Township of Penn, deceased. And now, October 30, a. d. 1850, the inquest heretofore awarded to make partition of the real estate of said deceased, having made return that the same could not be divided amongst the parties entitled without prejudice to or spoiling the whole, 220 DECEDENTS. and that they had valued the same at the sum of six thousand dollars, and proof having been made of the due service of a rule upon all the persons interested in said real estate to appear in Court this day and accept or refuse the same at the appraise- ment, and said proof having been adjudged sufficient : It appearing that no higher oflFer than the valuation of the inquest had been made for said real estate, James Gregg the eldest brother of said deceased, appeared in open Court and ac- cepted the said real estate at the valuation aforesaid, whereupon the Court do order the said real estate to the said James Gregg at the sum of six thousand dollars, the valuation aforesaid, he, the said James Gregg, entering into recognisance to the Com- monwealth in the sum of eight thousand dollars, for the pay- ment of the interest of the said sum of six thousand dollars to George Gregg, the father of intestate, annually during his life and for the payment at his death, of the principal sum to the parties entitled thereto : and also giving bond with Enoch Rex and Wallace Boyd as sureties, who are approved by the Court, to each of the other parties, conditioned for the payment of their distributive shares at and upon the death of the said George Gregg. 120. Petition for Order to Enter Satisfaction on Recognisance. p. 296, pi. 143. 29 March 1832, P. L. 203. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents, That by virtue of certain proceedings in partition in this Court, the real estate of John Gregg, late of the Township of Penn in said county, deceased, was adjudged to the petitioner on the thirtieth day of October, A. D. 1850, at the sum of six thousand dollars, and the petitioner in pursuance of the order of this Court, then entered into a recognisance to the Com- monwealth in the sum of eight thousand dollars, conditioned to pay the interest of the said sum of six thousand dollars to DECEDENTS. 221 George Gregg during his life and at his death to pay the prin- cipal sum to the parties entitled thereto : The petitioner further represents that the said George Gregg died on the first day of December last past, and that upon his death, Charles Gregg became entitled to receive the sum of two thousand, part of the said sum of six thousand dollars : that the entire amount diie to the said Charles Gregg has been fully paid and dis- charged and that the said Charles Gregg has neglected to enter upon the record his acknowledgment thereof. The petitioner therefore prays that he may be permitted to make proof of such payment to the said Charles Gregg and that this Court will make an order for the relief of the petitioner from said recog- nisance. And he will, &c. April 1, 1851. James Gregg. (Affidavit of truth of petition to be appended.) 121. Petition for Rule on Heirs for Sale. P. 297, pi. 149. 29 March 1832, P. L. 203. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, one of the children and heirs of John Gregg, late of the Township of Penn in said county, de- ceased, Respectfully represents. That an inquest awarded by this Court at the last May Ses- sion thereof, made return that the real estate of the decedent in said inquisition mentioned, could not be divided amongst the parties entitled thereto, without prejudice to or spoiling the whole, but appraised the same at the sum of six thousand dol- lars and said return was confirmed 7iisi on the tenth day of August next following ; that upon the twelfth day of Sep- tember, in the same year, upon the application of the petitioner, this Court granted a rule upon all persons interested in said real estate, to come into Court on the first day of November then next, to accept or refuse the said real estate at the valua- tion : The petitioner further represents that due notice of said 222 DECEDENTS. rule has been given to all the heirs of the said John Gregg, de- ceased, and that thej have neglected or refused to take the said real estate at the valuation : He therefore prays the Court to grant a rule upon the other heirs and others interested, to show cause why the said real estate should not be sold. And he will, &c., November 5, 1850. James Gregg. (Affidavit of truth of petition to be appended.) 122. Petition for Order of Sale without Rule. p. 297, pi. 149. 29 March 1832, P. L. 203. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg and Charles Gregg, children of John Gregg, late of the Township of Penn in said county, deceased, and Job Robb and Ruth Robb, minors, children of Mary Robb, a daughter, now deceased, of the said John Gregg, by their guardian, George Rex, Respectfully repre- sents. That an inquest awarded by this Court, made return, that the real estate of the said John Gregg, deceased, in said inqui- sition mentioned, could not be divided without prejudice to or spoiling the whole and appraised the same at the sum of six thousand dollars, which return was confirmed nisi, on the twelfth day of September last; that a rule was granted by this Court on all the parties interested, to come into Court this day to accept or refuse the said real estate at the valuation : The petitioners further represent that they are all the heirs of the said John Gregg, deceased, and having had due notice of the above-mentioned rule, do refuse to accept said real estate at the valuation and pray the Court to dispense with any rule to show cause why the said real estate should not be sold, and make a decree, authorizing and requiring John Robb, the Administrator, &c., of said decedent to expose said real estate DECEDENTS. 223 to public sale, at such time and place and upon such terms as the Court may decree. And they will, &c. James Gregg, Charles Gregg, Job Robe, euth robb, November 1, 1850. by George Rex, Guardian. (Affidavit of truth of petition to be appended.) 123. Petition for Rule to Accept or Refuse, or for Sale. p. 297, pi. 150. 25 April 1850, P. L. 569. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, one of the heirs of John Gregg, late of the Township of Penn in said county, deceased, Respectfully represents. That an inquest awarded by this Court, made return that the real estate of said deceased in the inquisition mentioned, could not be divided without prejudice to or spoiling the whole, and appraised the same at the sum of six thousand dollars, which return was confirmed nisi, on the twelfth day of September last. The petitioner therefore prays the Court to grant a rule upon the parties interested, to appear in Court at a certain day to be fixed by the Court, to accept or refuse said real estate at the valuation or show cause why the same should not be sold, in case the said parties should neglect or refuse to take and accept the same as aforesaid. And he will, &c. October 1, 1850. James Gregg. (Affidavit of truth of petition to be appended.) 224 DECEDENTS. 124. Decree of Court for Sale. p. 290, pi. 110. 29 March 1832, P. L. 208. P. 297, pi. 150, 152. 25 April 1850, P. L. 569. 29 March 1832, P. L. 203. And now, November 5, 1850, on due proof of notice, accord- ing to the order of the Court to all the heirs and parties inte- rested in the real estate of John Gregg, late of the Township of Penn, deceased, to appear in Court on the first day of November, instant, to accept or refuse said real estate at the valuation thereof or show cause why the same should not be sold : And all said heirs having neglected or refused to take and accept the same or show cause as aforesaid, the Court do authorize and require John Robb, Administrator, &c., of said deceased (he having first given bond to the Commonwealth in the sum of eight thousand dollars, with Enoch Rex and George Wills as his sureties, who are approved by the Court, condi- tioned for the faithful application of the proceeds of such real estate, according to law), to expose the said real estate to sale on the premises, on the sixth day of December next, on the following terms, to wit : One-third of the purchase-money to be paid cash, one-third in one year, and one-third at the death of Sarah Gregg, the widow of said deceased, the latter two pay- ments with their interest paj'able annually, to be secured by bond and mortgage on the premises. And it is further decreed, that the share of the said Sarah Gregg, widow aforesaid, shall remain in the hands of the pur- chaser during her natural life and the interest thereof shall be annually and regularly paid to her by the purchaser, his heirs and assigns holding the premises, to be recovered by distress or otherwise, as rents are recoverable in this Commonwealth, and at her decease her share of the purchase-money shall be paid to the persons legally entitled thereto. Notice of said sale to be given agreeably to the provisions of the 54th section of the Act of March 29, 1832, relating to Orphans' Courts. DECEDENTS. 225 125. Petition of Successor of deceased Administrator to make Deed. p. 298, pi. 153. 29 March 1832, P. L. 204. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Charles Wills, Administrator de bonis non of John Gregg, late of the Township of Penn in said county, deceased, Respectfully represents, That pursuant to an order of this Court, John Robb, Ad- ministrator, &c., of said John Gregg, deceased, on the sixth day of December, a. d. 1850, exposed to public sale the real estate of said John Gregg, deceased, and sold the same to Enoch Rex, for the sum of six thousand dollars and that the said sale on return thereof was duly confirmed on the tenth day of the same month of December ; that after the confirma- tion of said sale and before a conveyance was made to the pur- chaser, the said John Robb died and administration of the unadministered goods of the said John Gregg, deceased, was granted to the petitioner ; that the petitioner is desirous to execute and deliver to the said Enoch Rex, a deed of convey- ance for the said real estate, according to the Act of Assembly in such case made and provided. He therefore prays the Court that he may be allowed to give security to be approved by the Court for the faithful appropriation of the proceeds of the aforesaid sale, in order that he may execute and deliver to said purchaser a deed of conveyance of said estate. And he will, &c. January 1, 1851. Charles Wills. (Affidavit of truth of petition to be appended.) 126. Order of Court on Administrator to Execute Deed, ^c. p. 298, pi. 153. 29 March 1832, P. L. 204. In the Estate of John Gregg, " late of the Township of Penn in the County of Chester, de- coased. 15 In the Orphans' Court of Chester County. 226 DECEDENTS. And now, April 2, A. d. 1851, on the petition of Enoch Rex, the Court order that John Robb, Administrator, &c., of said deceased, do forthwith execute and deliver to the said Enoch Rex a deed of conveyance of the real estate of said deceased, sold to him pursuant to an order of this Court, and the sale thereof confirmed on the tenth day of December last, upon the said Enoch Rex complying with the terms and conditions of sale. By the Court, George Fisher, Clerk. [To he endorsed.) Chester county, ss. i- Henry Wallings, being duly sworn says, that he served the order of which the within is a true copy, on the therein-named John Robb, by delivering the same to him personally on the second day of April last past. Sworn and subscribed in open ^ Henry "Wallings. Court, May 3, 1851. I Georcre Fisher. I 127. Petition for Trustee to Execute Order of Sale where Administrator refuses. p. 298, pi. 154. 24 February 1834, P. L. SI. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, a child and heir of John Gregg, late of the Township of Penn in said county, deceased, Respect- fully represents, That such proceedings in relation to the partition of the real estate of said deceased were had in this Court, that on the first day of November last, an order was directed to issue to John Robb, Administrator, &c., of said deceased, to sell said real estate, as by said order will more fully appear ; that the said John Robb has neglected to execute said order; the petitioner there- DECEDENTS. 227 fore respectfully prays the Court to appoint some suitable per- son trustee, for the purpose of making such sale. And he will, &c., December 1, 1850. James Gregg. (Affidavit of truth of petition to be appended.) 128. Petition for Trustee to execute Order of Sale where there is no Administrator. p. 298, pi. 154. 24 February 1S34, P. L. 81. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, one of the sons and heirs of John Gregg, late of the Township of Penn in said county, de- ceased. Respectfully represents, That such proceedings in relation to the partition of the real estate of said deceased, have been had in this Court, that an order has this day been directed to issue for the sale of said real estate and that there is no executor or administrator of the estate of said deceased : The petitioner therefore prays the Court to appoint some suitable person trustee, for the purpose of making such sale. And he will, &c., November 1, 1850. James Gregg. (Affidavit of truth of petition to be appended.) 129. Petition of Hushand to receive Wife's Share on Security. p. 298, pi. 156. 29 March 1832, P. L. 205. To the Honorable, the Judges of the Orphans' Court of Ches- ter County : The petition of James Robb, Respectfully represents, That he is intermarried with Mary, a daughter and heir of John Gregg, late of the Township of Penn in said county, de- ceased : That by virtue of proceedings in this Court, the sura of five hundred dollars was on the tenth day of October last, 228 DECEDENTS. awarded to the said Mary Robb, as the share or portion to which she is entitled out of the real estate of the said decedent : The petitioner further represents that he is desirous to give se- curity, with condition, as is provided by the 48th section of the Act of March 29, 1832, relating to Orphans' Courts, in order that the amount of said share or portion may be paid to him. He therefore prays the Court to allow him to give such security and to make a decree, directing the payment to him of the said share or portion. (a) And he will, &c., November 1, 1850. James Robb. (AiBdavit of truth of petition to be appended.) 130. Decree aivarding Wife's Share to Husband on Security. p. 298, pi. 156. 29 March 1832, P. L. 203. And now, November 1, 1850, the Court order and decree, that the sum of five hundred dollars, awarded on the tenth day of October, a. d. 1850, for the share or portion to which Mary Robb, the wife of James Robb and a daughter and heir of John Gregg, late of the Township of Penn, deceased, is en- titled out of the real estate of said deceased, be paid to the said James Robb, he entering into bond to the Commonwealth in the sum of one thousand dollars with Enoch Rex and John Robb as his sureties, who are approved by the Court, con- ditioned for the payment of the said sum of five hundred dol- lars upon his death, to the said Mary Robb, or if she shall not survive him, to her heirs, as if it were real estate. 131. Petition of Husband for Trustee for his Wife's Share. p. 298, pi. 156. 29 March 1832, P. L. 205. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Robb, Respectfully represents, That the petitioner is intermarried with Mary, a daughter and (a) Quere : As to effect of Married Women's law on this. DECEDENTS. 229 heir of Jolin Gregg, late of the Township of Penn in said county, deceased ; that by virtue of proceedings in this Court the sum of five hundred dollars was, on the tenth day of October last, awarded to the said Mary Robb, as the share or portion to which she is entitled out of the real estate of the said decedent. The petitioner further represents, that he respectfully refuses to give security, as is provided by the 48th section of the Act of March 29, 1832, relating to Orphans' Courts, that the said share or portion may be paid to him : He therefore prays the Court to decree that the same may be vested in trustees, as is provided by the aforesaid section of said Act, reserving to him the interest thereof during his life. And he will, &c. November 1, 1850. James Robb. (Affidavit of truth of petition to be appended.) 132. Decree of Court Appointing Trustees for Wife's Share. p. 298, pi. 156. 29 March 1832, P. L. 205. And now, November 1, 1850, the Court order and decree that the sum of five hundred dollars, awarded on the tenth day of October, A. D. 1850, for the share or portion to which Mary Robb, the wife of James Robb and a daughter and heir of John Gregg, late of the Township of Penn, deceased, is entitled out of the real estate of said deceased, be vested in Enoch Rex and George Rex, trustees, who are approved by the Court, in trust to pay the same to the said Mary Robb after the death of the said James Robb, or, if she shall not survive him, to her heirs as if the same were real estate, and to pay the interest thereof to the said James Robb annually during his life. 230 DECEDENTS. 133. Declaration of Wife that her Share he paid to Husband, ^c. p. 298, pi. 156. 29 March 1832, P. L. 205. In the Estate of John Gregg, late^ In the Orphans' of the Township of Penn in the County > Court of Chester of Chester, deceased. J County. Whereas I, Mary Robb, wife of James Robb, am entitled to the sum of five hundred dollars, proceeding from the sale of the real estate of John Gregg, late of the Township of Penn in said County of Chester, deceased : Now I do certify and declare, that I consent and agree that the same be paid to my husband the said James Robb, without any condition or security whatever. Witness my hand, this first day of November, A. D. one thousand eight hundred and fifty. Mary Robb. On the first day of November, Anno Domini one thousand eight hundred and fifty, personally appeared before me, one of the Judges of the Orphans' Court for the County of Chester, Mary Robb, wife of James Robb of the Township of Elk in said county, farmer, who, being of full age and by me examined separate and apart from her said husband, and the contents and legal effect of the foregoing instrument by me fully explained and made known to her, declared that she executed the same freely and voluntarily, without any threat or compulsion on the part of her husband or any other person. Witness my hand and seal the day and year above written. TowNSEND Haines, [l. s.] 134. Petition for Auditor to ascertain Liens on Shares on Acceptance in Partition. P. 299, pi. 157. 29 March 1832, P. L. 206. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, eldest son and one of the heirs DECEDENTS. 231 of John Gregg, late of the Township of Penn in said county, deceased, Respectfully represents, That by virtue of proceedings in partition in this Court, in relation to the real estate of said decedent, an inquest appointed by this Court returned, that said real estate could not be divided amongst the heirs and legal representatives of said deceased, without prejudice to or spoiling the whole, and that they had appraised the same at the sum of six thousand dollars, which return was confirmed nisi by this Court, on the first day of October, a. d. 1850, and that the petitioner has this day accepted the same at the valuation thereof; that in consequence of the said proceedings, the shares or parts of the other heirs of said John Gregg, in said real estate, have been converted into money. The petitioner therefore prays the Court to appoint a suitable person as Auditor to ascertain whether there are any liens or encumbrances on said real estate affecting the interest of the parties. And he will, &c. October 5, 1850. James Gregg. (Affidavit of truth of petition to be appended.) 135. Petition for Auditor to ascertain Liens 07i Shares after Sale. p. 299, pi. 157. 29 March 1S32, P. L. 206. To the Honorable, the Judges of the Orphans' Court of Chester County: The petition of James Gregg, a son and heir of John Gregg, late of the Township of Penn in said county, deceased, Respect- fully represents. That by virtue of an order of this Court after proceedings in partition, the real estate of said decedent was, on the first day of September, A. D. 1850, sold to Enoch Rex for the sum of six thousand dollars, and said sale, on return thereof, was con- firmed nisi on the twelfth day of the same month ; that in con- sequence of said sale, the shares and parts of the other heirs in 232 DECEDENTS. said real estate have been converted into money : The petitioner therefore prays the Court to appoint a suitable person as Au- ditor to ascertain whether there are any liens or other encum- brances on said real estate affecting the interests of the parties. And he will, &c. September 12, 1850. James Gregg. (Affidavit of truth of petition to be appended.) 136. Petition to pay Valuation Money into Court to pay Liens. p. 299, pi. 157. 29 March 1832, P. L. 206. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Enoch Rex, Respectfully represents, That by virtue of certain proceedings in partition, in relation to the real estate of John Gregg, deceased, the same was on the first day of September, A. D. 1850, ordered to James Gregg, the eldest son of said decedent, at the sum of six thousand dollars, the valuation thereof, and the said James Gregg did on the same day enter into recognisance to the Commonwealth in the sum of six thousand dollars, conditioned for the payment to the other heirs of said decedent of their proportionable parts, in one year from said day with interest : The petitioner further represents, that he holds a judgment in the Court of Common Pleas of said county, for the sum of one thousand dollars against Charles Gregg, a son and heir of said decedent, which judgment was recovered on the first day of August, A. D. 1850, and was at the time of the partition aforesaid, a lien on said real estate, affecting the interest of the said Charles Gregg therein, and that the share or part of the said Charles Gregg in the valua- tion money aforesaid is three thousand dollars : The petitioner therefore prays the Court to make an order on the said James Gregg to pay into Court the amount of the said recognisance, when the same shall become due, to be distributed according to DECEDENTS. 233 the provisions of the 49th section of the Act of March 29, a. d. 1832, relating to Orphans' Courts. And he will, &c. January 1, 1851. Enoch Rex. (AflSdavit of truth of petition to be appended.) 137. Petition hy Executor to loan Money of Distributee not giving Refunding Bond. p. 299, pi. 159. p. 302, pi. 178. 24 February 1834, P. L. 81. To the Honorable, the Judges of the Orphans' Court of Ches- ter County : The petition of John Robb, Administrator, &c., of John Gregg, late of the Township of Penn, deceased, Respectfully represents, That such proceedings were had in said Court in relation to the real estate of said deceased, that on the first day of Octo- ber last, this Court decreed that James Gregg, a son and heir of said deceased, was entitled to the sum of one thousand dol- lars, his distributive share of the proceeds of said real estate, in the hands of the petitioner as administrator aforesaid ; that the petitioner is desirous to pay over the said sum of one thou- sand dollars, but that the said James Gregg is unable to give security to refund, as is provided by the 45th section of the Act of February 24, 1834, relating to Executors and Adminis- trators : The petitioner further represents, that he is desirous to put the said money at interest by lending the same to Enoch Rex, upon bond and mortgage on a tract of land in said Town- ship of Penn, bounded by lands of Wallace Boyd, Job Wills and others, containing fifty acres more or less, with the apper- tenances : The petitioner therefore prays the Court to approve said security. And he will, &c. November 1, 1850. John Robb. (Afl5davit of truth of petition to be appended.) 234 DECEDENTS. 138. Exceptions to Administration Account, p. 300, pi. 167. 14 April 1835, P. L. 275. Ix THE Matter of the Account of"^ John Robb, Administrator of John | i^ the Orphans' Court Gregg, late of the Township of j' of Chester County. Penn, deceased. Exceptions to the above-mentioned account, by James Gregg, a son of said deceased and interested therein : 1. The accountant has not charged himself "with all the in- terest which he has received or ought to have received. 2. The accountant has a credit for $500 compensation which is too much and should be reduced (or as the exception may be). 3. (Or as the number may be). The account requires a gene- ral examination and revision. James Gregg. Chester county, ss. James Gregg, being duly sworn says, that the statements in the foregoing exceptions are true as he verily believes. Sworn and subscribed, November 1, 1850, in open Court. George Fisher, Clerk. James Gregg. 139. Petition for Auditor to average Assets. P. 300, pi. 16S, 109. 29 March 1832, P. L. 194. 13 April 1S40, P. L. 319. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Rex, Administrator, &c., of John Gregg, late of the Township of Penn in said county, deceased, Respect- fully represents : DECEDENTS. 235 That lie has settled an account of his administration of the estate of said deceased, which was confirmed by this Court on the twelfth day of June last, and by which it appears, that the assets in his hands amount to the sum of five hundred dollars : and that said assets are not sufficient to pay all the debts of the said decedent ; lie therefore prays the Court to appoint an auditor or auditors to settle and adjust the rates and proportions of said assets to and among the respective creditors of the said decedent according to the order established by law. And he will, &c., John Kex, Administrator. (Affidavit of truth of petition to be appended.) 140. Petition for Auditor to Distribute. p. 300, pi. 169. 13 April 1840, P. L. 319. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, a son and one of the heirs of John Gregg, late of the township of Penn in said county, de- ceased, Respectfully represents, That John Rex, Administrator, &c., of said deceased, has settled an account of his administration of the estate of said decedent, which was confirmed 7iisi by this Court on the twelfth day of June last : that by said account it appears that there is of the estate of said decedent, in the hands of said adminis- trator, the sum of five hundred dollars, and that the petitioner is interested in the distribution thereof : He therefore prays the Court to appoint an auditor or auditors to make distribution of said estate to and amongst the parties entitled thereto. And he will, &c., James Gregg. (Affidavit of truth of petition to be appended.) 236 DECEDENTS. 141. Petition to enter Satisfaction of Transcript. p. 301, pi. 172. 29 March 1S32, P. L. 198. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Rex, Administrator, &c., of John Gregg, late of the Township of Penn, deceased, Respectfully represents, That upon the settlement of his account of the estate of said decedent, which was confirmed nisi on the twelfth day of June last, there appeared to be due from him and in his hands, the sum of five hundred dollars ; that a certified transcript of said account was furnished to the Prothonotary of the Court of Com- mon Pleas of Chester County, who filed and docketed the same agreeably to the provisions of the Act of Assembly in such case made and provided, and the said transcript thereupon became a lien upon the real estate of the petitioner. The petitioner further represents, that said sum of money w^as payable to James Gregor and Charles Greo:or, sons of said deceased, as will CO Co' ' appear by the report of the auditor appointed to make distribu- tion of the same, and the decree of this Court confirming said report, on the first day of August, A. D. 1850. The petitioner further represents, that by payment of the aforesaid sum of money to the said James Gregg and Charles Gregg, according to the aforesaid decree, he has fully paid and discharged the amount of said lien, and has in writing requested the said James Gregg and Charles Gregg to enter satisfaction thereof on the record of said transcript, in the Court of Common Pleas aforesaid and has tendered all the cost for the same ; that more than thirty days have elapsed since the making of said request and tender, and the said James Gregg and Charles Gregg have hitherto neglected and refused, and still neglect and refuse to enter satisfaction aforesaid. The petitioner therefore prays the Court to permit him to make proof, that the entire amount due from him as administrator aforesaid, according to the final settlement of said account, has been fully paid and discharged, DECEDENTS. 237 and that upon due proof being made thereof, this Court will make an order for his relief from such recorded lien. And he will, &c. John Rex, Administrator. (Affidavit of truth of petition to be appended.) 142. Petition for Review of Account. p. 301, pi. 173. 13 October 1840, P. L. 1. To the Honorable, the Judges of the Orphans' Court of Ches- ter County : The petition of James Gregg, one of the sons of John Gregg, late of the Township of Penn in said county, deceased, Respect- fully represents. That John Rex, Administrator, &c., of said deceased, settled an account of his administration of the estate of said deceased, which, by a final decree of this Court, was confirmed on the twelfth day of June, A. D. 1857. The petitioner further repre- sents, that there are errors in said account which he specifically sets forth as follows, viz. (Set out errors definitely.) The petitioner showing that he is interested in said account, prays the Court to review said account, and grant a rehearing of so much of the same as is hereinbefore alleged to be error, and give such relief as equity and justice may require. And he will, &c. James Gregg. Chester county, ss. James Gregg being sworn in due form of law, says that the statements and the specification of errors in the foregoing petition are correct and true as he verily believes. Sworn and subscribed, June 10, 1 James Gregg. A. D. 1858, before > John Jones, J. P. J 238 DECEDENTS. 143. Refunding Bond for Share of Personal Estate. p. 302, pi. 178. 24 February 1834, P. L. 81. Know all men by these presents, that we, James Gregg, one of the distributees, &c., of John Gregg, late of the Township of Penn in the County of Chester, deceased, Charles Gregg and George Boyd, all of said county, are held and firmly bound unto John Rex, Administrator, &c., of said deceased, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said John Rex, his certain attorney, executors, administrators and assigns, to which payment well and truly to be made, we do bind ourselves jointly and seve- rally, our heirs, executors and administrators firmly by these presents. Sealed with our seals, dated the first day of May, in the year of our Lord one thousand eight hundred and fifty : Whereas the said James Gregg, upon giving security as is directed by the Act of Assembly in such case made and pro- vided, is entitled to receive the sum of five hundred dollars, his share in the distribution of the residue of the estate of the said John Gregg, deceased, appearing to be in the hands of the said John Rex, Administrator aforesaid, by his administration ac- count confirmed by the Orphans' Court of said county on the tenth day of March last, and the said John Rex has paid to the said James Gre^o- the aforesaid sum of five hundred dollars upon his giving such security : Now the condition of this obligation is such, that if any debt or demand shall hereafter be recovered against the estate of the said John Gregg, deceased, or otherwise be duly made to ap- pear, and the said James Gregg shall refund a rateable part of such debt or demand, and of the costs and charges attending the recovery of the same, then this obligation shall be void, or else shall be and remain in full force and virtue. Sealed and delivered in the ^ James Gregg, [l. s.] presence of I Charles Gregg, [l. s.] William Marshall, f George Boyd. [l. s.] George Fisher. ^ DECEDENTS. 239 144. Bond of Tenant for Life to receive Legacy. p. 303, pi. 184, 24 February 1834, P. L. 82. Know all men by these presents, that we, James Gregg, Charles Gregg and George Boyd, all of the County of Chester and State of Pennsylvania, are held and firmly bound unto John Rex, Executor of the last will and testament of John Gregg, late of the Township of Penn in the said county, de- ceased, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said John Rex, his certain at- torney, executors, administrators and assigns, to which pay- ment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents ; Sealed with our seals, dated the first day of March, in the year of our Lord one thousand eight hundred and sixty : Whereas the said John Gregg, in and by his last will and testament, dated the first ^ay of May, a. d. 1850 and duly proved on the first day of March, A. D. 1858, did give and be- queath to the said James Gregg the sum of five hundred dol- lars for his life and directed, that after his death the same should be paid to his daughter Sarah Robb : And whereas the said James Gregg is desirous that the said legacy should be paid to him: Now the condition of this obligation is such, that if at and upon the death of the said James Gregg, the said sum of five hundred dollars shall be paid to the said Sarah Robb, then this obli- gation shall be void, or else be and remain in full force and virtue. Sealed and delivered in the James Gregg, [l. s.] presence of I Charles Gregg, [l. s.] William Marshall, [ George Boyd, [l. s.] George Fisher. [To he e7idorsed.) And now, March 1, 1860, the Court adjudge the within bond to be in such sum and form as shall sufficiently secure the in- terest of Sarah Robb therein named, whenever the same shall accrue or vest in possession in her. 240 DECEDENTS. 145. Petition for Payment of Legacy charged on Land. p. 304, pi. 192. 24 February 1S34, P. L. 84. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents, That John Gregg, late of the Township of Penn in said county, lately died, having made his last will and testament in writing duly executed, dated the tenth day of May, A. D. 1858, and proved the first day of June in the same year, whereby amongst other things, he gave, devised and bequeathed as fol- lows, yiz. : " I give and devise to my son Charles Gregg, the tract of land whereon I now reside, containing fifty acres more or less, to hold to him and his heirs for ever, and I charge the said tract of land with the payment of five hundred dol- lars in one year after my decease, to my son James Gregg, to whom I give and bequeath the said sum of five hundred dol- lars :" and of his said will appointed John Rex the Executor, who duly proved the same, and took upon himself the burden of the execution thereof; and that the petitioner is the same James Gregg in said devise and bequest mentioned. The peti- tioner further represents, that since the death of the testator and probate of said will, the said Charles Gregg has accepted said de\ase, and sold and conveyed the tract of land devised to him as aforesaid, to one George Boyd ; that more than one year has elapsed since the death of the said testator, and that the said sum of five hundred dollars, charged upon the said tract of land and bequeathed to the petitioner, is still unpaid : The petitioner therefore prays the Court, to cause due notice to be given to the said John Rex, Executor aforesaid, — to the said Charles Gregg the above-named devisee — to the said George Boyd, and such other persons interested in the said estate (if any), as justice may require, and thereupon proceed according to equity to make such decree or order touching the payment DECEDENTS. 241 of the aforesaid legacy out of the said tract of land, as may seem requisite and just. And he will, &c., James Gregg. (Affidavit of truth of petition to be appended.) 146. Petition of Devisee to cliarge Legacy on Part of Land. p. 304, pi. 195. 23 February 1853, P. L. 98. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents, That John Gregg of the Township of Penn in said county, died on or about the first day of March, a. d. one thousand eight hundred and fifty-six, having made his last will and testa- ment dated the tenth day of January in the same year and that the said last will and testament was duly proven and let- ters testamentary thereon granted to John Rex, the executor therein named, on the sixth day of March aforesaid : That by the said will the testator amongst other things, gave and be- queathed to his son Charles Gregg, an annuity of five hun- dred dollars, payable on the first day of April in every year during his life, and at the death of the said Charles Gregg, he bequeathed to Sarah Robb, a daughter of the testator, the sum of two thousand dollars, and charged the said annuity and legacies on all his residuary real estate, which real estate in and by said will he devised to the petitioner in fee : That said real estate consists of the following tracts and parcels of land (briefly describing them) ; that the said Charles Gregg is about twenty-five years of age, in good health, that the said Sarah Robb is in full life, and that said Charles Gregg and Sarah Robb both reside in the said County of Chester ; that, by reason of the premises, the payment, discharge and satisfaction of said annuity and legacy, may be postponed and not take place until a distant period. The petitioner further represents that by rea- son thereof, all the said residuary real estate is rendered in 16 242 DECEDENTS. some measure inalienalile, although said annuity and legacy might be amply secured by setting apart a portion of the said real estate, and he is desirous that the remaining residuary real estate after setting apart such portion as may be ample se- curity for the payment of the said annuity and legacy, may be and remain discharged and exonerated from the lien and charge of the same : The petitioner therefore showing that more than one year has elapsed since the granting of the said letters testamentary, prays the Court to order a citation to issue to the said John Rex, Executor aforesaid, and to the said Charles Gregg and Sarah Robb, and all other persons interested, if any, to appear in Court on a day certain, and show cause why the relief above mentioned should not be granted, and make such further order in the premises as is required by the Act of Assembly in such case made and provided. And he will, &c. James Gregg. (Affidavit of truth of petition to be appended.) 147. Appointment of Auditor on Application to charge Legacy on Part of Land. P. 304, pi. 195. 23 February 1853, P. L. 98. -, _, , ") In the matter of the application of In THE Estate OF John ( ^ ^ r -,• ^ r^ ^ ■, y James (jrr egg tor discharge 01 lien Gregg, deceased. I ^ . J of legacy. And now, March 10, a. d. 1860, the citation in the above case having been returned, and it appearing to the Court that John Rex, Executor, &c., of the said John Gregg, deceased, and Charles Gregg and Sarah Robb, in the said citation mentioned, being all the parties interested in said application, have had due notice of the same, it is considered by the Court that the case be referred to John Smith, Auditor, who is directed to inquire into the circumstances and to report upon the amount and con- dition of the estate of the said John Gregg, deceased, and upon the expediency and propriety of exempting any part or portion of the residuary real estate of said deceased, from the lien and DECEDENTS. 243 charge of the annuity and legacy mentioned in the said cita- tion, having due regard to the absolute and ultimate security of the same. 148. Decree charging Legacy on Part of Land. p. 304, pi. 195. 23 February 1853, P. L. 98. T _, _ ^ In the matter of the application of In the Estate of John , „ ^ \- ^ n „ . , > James Uregg tor a discharge oi Gregg, deceased. ( ,. ,. , o J hen 01 legacy, &c. And now, June 12, a. d. 1860, the report of John Smith, Auditor in this case, being made, and it appearing that due notice thereof has been given to John Rex, Executor, &c., of said deceased, and to Charles Grregg and Sarah Robb, legatees under the will of said deceased, they being all the persons in- terested in the case ; and it further appearing to the Court by said report that all the debts of the testator have been paid (or "paid and sufficiently secured" as the case may be), that the said annuity and legacy can be amply secured upon the follow- ing described tract of land, part of the residuary real estate of said deceased, viz. (describing land) : and that it is expedient and proper that the remainder of said real estate should be ex- empted from the lien and charge of said annuity and legacy, due regard being had to the absolute and ultimate security of the same, the Court do order and decree that the above men- tioned and described tract of land, be set apart as security for said annuity and legacy, and the Court do further order and decree, that all the remaining residuary real estate of the said John Gregg, deceased, not specifically set apart as aforesaid, shall be and remain discharged and exonerated from the lien and charge of said annuity and legacy in the hands of any bond fide purchaser of said real estate for a valuable consideration. 244 DECEDENTS. 149. Petition for Discharge of Land when Legacy is Extin- guished. p. 305, pi. 197. 23 February 1853, P. L. 99. To the Honorable, the Judges of the Orphans' Court of Chester County: The petition of James Gregg, Respectfully represents, That John Gregg, late of said county, died on or about the first day of March, A. D. one thousand eight hundred [and fifty-six, having made his last •will and testament dated the tenth day of January in the same year and duly proved on the tenth day of March aforesaid : That by the said will the tes- tator gave to his son Charles Gregg, and to his daughter Sarah Robb, each an annuity of five hundred dollars, payable to them on the first day of April in each year during their respective lives, and charged the said annuities on all his residuary real estate, which by the same will he devised to the petitioner charged as aforesaid ; that of said will he appointed John Rex the Executor, who took upon himself the burden of the execu- tion thereof: The petitioner further represents, that such pro- ceedings were had in this Court, that by a decree and order thereof on the twelfth day of June, A. D. 1859, the following described tract of land, viz. : (describe it,) part of the aforesaid real estate, was set apart and appropriated as security for the payment of the said annuities and the remaining residuary real estate discharged and exonerated from the lien and charge of said annuities in the manner set forth in said decree : The petitioner further represents that since the making of said de- cree and order, viz. : on the first day of March last past, the said Charles Gregg has died, that the Avhole amount of the said annuity up to the time of his death has been fully paid by the petitioner and that the charge of the said annuity has therefore become extinguished in fact and law : The petitioner therefore prays the Court after due notice and inquiry into the facts, to make an order and decree for the exoneration and discharge of such part or portion, or so much of the real estate set apart and appropriated as aforesaid, as may appear to the DECEDENTS. 245 Court to be beyond the amount requisite and proper for tbe purpose of providing a sufficient continuing security for the payment of the remaining annuity to the said Sarah Robb.(a) And he will, &c. James Gregg. (Affidavit of truth of petition to be appended.) 150. Petition to pay Legacy into Court, p. 305, pi. 199. 1 May 1861, P. L. 420. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents, That John Gregg, of the Township of Penn in said county, died on or about the first day of March, A. D. one thousand eight hundred and sixty, having made his last will and testament, dated the tenth day of January in the same year, and that the said last will and testament was duly proved and letters testamentary thereon granted to John Rex, the executor therein named, on the eighth day of March aforesaid ; that by the said will the testator amongst other things gave and bequeathed to his son Charles Gregg the sum of two thousand dollars ; that in and by said will the testator devised to the petitioner in fee certain real estate described as follows (describe briefly) ; and that it is claimed by the said Charles Gregg that the said legacy or sum of tAvo thousand dollars is charged upon the real estate so devised as aforesaid to the petitioner. The petitioner therefore prays the Court to permit him to pay into Court the said sum of two thousand dollars, and upon the payment of the said sum of two thousand dollars into Court as aforesaid, to make a decree discharging the said real estate of the petitioner from the lien of the said legacy or sum of two thousand dollars. And he will, &c. James Gregg. (Affidavit of truth of petition to be appended.) (a) See McCredifs Appeal, 14 P. F. Smith 428. 246 DECEDENTS. 151. Petition of Administrator, cfc, to he Discharged. p. 305, pi. 201. 29 March 1832, P. L. 19i. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of John Rex, Administrator, &c., of John Gregg, late of the Township of Penn, in the County of Chester, deceased, Respectfully represents. That he has made a settlement of his accounts so far as he has administered the estate committed to him, and the same was confirmed by this Court on the twelfth day of June last ; that by the aforesaid settlement, it appears that the remainder of the property of the said estate in his hands, amounts to one thousand dollars : The petitioner therefore prays the Court to discharge him from the duties of his appointment as adminis- trator aforesaid, upon his surrendering the aforesaid remainder of said property in his hands, to such person as the Court shall direct. And he will, &c. JoHX Rex. (Affidavit of truth of petition to be appended.) 152. Petition for Pxceutor, ^c, to give Security. p. 305, pi. 202. 29 March 1832, P. L. 194. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents, That John Gregg, of the Township of Penn in said county, lately died, having made his last will and testament, dated the first day of May, a. d. one thousand eight hundred and fifty, which was duly proved and letters testamentary thereon granted on the tenth day of March last, to John Rex, the Executor named therein, Avho took upon himself the burden of the execu- tion thereof, and possessed himself of all the goods, chattels and credits belonging to the testator, amounting to the sum of ten DECEDENTS. 247 thousand dollars, as by an inventory of the same filed in the Register's Office of the County of Chester, on the first day of April last, will appear ; that by the said will the testator bequeathed to the petitioner the residue of his estate after the payment of debts and specific legacies ; that the petitioner verily believes that the said residue will amount to the sum of at least one thousand dollars, upon a due administration of said estate ; that he is therefore interested in the same : The peti- tioner further represents that the said John Rex is wasting and mismanaging said estate and property under his charge, by (set out the manner of wasting — or any other cause provided by the Act) : The petitioner therefore showing that the case requires despatch, prays the Court to issue a citation to the said John Rex, requiring him to appear on a day certain before an Orphans' Court to be convened for the purpose, to answer this complaint and to show cause, if any he have, why he should not give security conditioned for the performance of his trusts, and that the Court will grant such further relief as may be autho- rized by law. And he will, &c. James Gregg. (Affidavit of truth of petition to be appended.) 153. Petition for Attachment against Defaulting Executor. Pp. 305, 306, pi. 202, 29 March 1832, P. L. 194. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents. That John Gregg, late of the Township of Penn in said county, lately died, having made his last will and testament, dated the first day of May, A. D. one thousand eight hundred and fifty, which was duly proved and letters testamentary granted thereon, on the tenth day of March last, to John Rex, the executor named therein, who took upon himself the burden of its execution, and possessed himself of all the goods, chattels 248 DECEDENTS. and credits of the testator, amounting to the sum of ten thou- sand doHars, as bj an inventory of the same filed in the Re- gister's Office of Chester County, on the first day of April last, M'ill appear ; that by the said will the testator bequeathed to the petitioner the residue of his estate after the payment of his funeral expenses, debts and specific legacies, which residue the petitioner verily believes will amount to the sum of at least one thousand dollars on a proper administration of said estate, and he is therefore interested in the same. The petitioner fur- ther represents, that the said John Rex is wasting and misman- aging said estate and property under his charge (set out the manner of wasting — or any other cause provided by the Act), and is about to remove from this Commonwealth (or as the case may be). The petitioner prays the Court to issue a writ of at- tachment to take the said John Rex and have him before this Court on a day certain, to answer the complaint of the peti- tioner, and show cause, if any he have, why he should not give security for the performance of his trusts, and that the Court will grant such further relief as may be authorized by law. And he will, &c. James Gregg. (Affidavit of truth of petition to be appended.) 154. Petition of Sureties of Administrator, ^c, for Counter Security. p. 307, pi. 209. 29 March 18.32, P. L. 197. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of George Boyd, Respectfully represents , That John Gregg, late of said county, died about the first day of iVIarch last, intestate, and that administration of his goods, chattels and credits, was on the fifth day of the same month duly granted by the Register of said county to John Rex, and that the petitioner became surety in the sum of twenty thousand dollars in the administration bond of the said John Rex, with condition according to law ; that by virtue of the au- DECEDENTS. 249 thority conferred upon him as administrator aforesaid, the said John Rex possessed himself of the said goods, chattels and cre- dits, amounting in value to the sum of ten thousand dollars, as by an inventory of the same filed in the office of said Ile- gister, on the first day of April last, will appear : The petitioner further represents, that the said John Rex is wasting and mismanaging said estate and property under his charge, by (state the manner of wasting — or any other cause provided by the Act). The petitioner therefore prays the Court to issue a citation to the said John Rex, requiring him to appear in this Court on a day certain, to answer this complaint, and show cause, if any he have, why he should not be ordered to give such counter securities as the Court shall judge neces- sary, to indemnify the petitioner against loss by reason of his suretyship, and that the Court will grant such further relief as may be authorized by law. And he will, &c. George Boyd. (Affidavit of truth of petition to be appended.) 155. Order to Executor^ tf(?., to give Security. Pp. 305, 306, pi. 202, 203. 29 March 1832, P. L. 194, 195. P. 766 pi. 25. 29 March 1832, P. L. 208. T -ni T ) In the matter of the citation to In the Estate of John ^ , _, _ „ p, , , > John Rex, Executor, &c., to give ' J security. And now, September 12, 1860, due proof being made of the service of the citation in this case, and the said John Rex not appearing according to the requisition thereof, the Court pro- ceeded to hear the proof of the facts set forth in the complaint of the said James Gregg, and it appearing to the Court that the allegations in said complaint are true and that the said John Rex is wasting and mismanaging the estate and property under his charge (or as the case may be), the Court do require the said John Rex, Executor aforesaid, to give security, on or before the first day of October next, by entering into bond to the 250 DECEDENTS. Commonwealth, in the sum of twenty thousand dollars, with two sufficient sureties to be approved by the Court, conditioned for the performance of his trust, as Executor aforesaid. Notice of this order to be given to the said John Rex, ten days before the said first day of October next. 156. Order vacating Letters. p. 306, pi. 203. 29 March 1832, P. L. 195. And now, October 1, 1860, it appearing to the Court, that due notice has been given to John Rex, Executor, &c., of John Gregg, of the order of the Court of September 12, 1860, requiring him to give security, &c., on this day, and the said John Rex having neglected and refused to give such security, the Court order and decree, that the letters testamentary on the estate of the said John Gregg, heretofore granted to him, be and the same are hereby vacated ; and the Court further award that letters of administration of the unadministered goods of the said John Gregg, deceased, with the will annexed, be granted by the Register of said County of Chester, to George Boyd, he entering into bond to the Commonwealth in the sum of twenty thousand dollars, with at least two sufficient sureties, in the form and condition as are required by law. And the Court further orders the said John Rex, upon the grant of administra- tion to the said George Boyd as above directed, to deliver and pay all and every the goods, chattels and estates of the decedent in his hands, to the said George Boyd. 157. Order on Administrator to deliver Estate to Surety. P. 307, pi. 209. 29 March 1832, P. L. 197. ^ ^ ^ ") In the matter of the citation to In the Estate of John t i -d * i • • ^ . f ^ , , V John Rex, Administrator, &c., Gregg, deceased. , . J to give counter security. DECEDENTS. 251 And now, October 1, 18G0, it appearing to the Court that notice has been given to John Rex of the order of the Court, of September 12, 1860, requiring him to give counter security, &c., on this day, and the said John Rex having neglected and refused to give such security, the Court direct the said John Rex to pay and deliver over forthwith to the said George Boyd, all goods, chattels, effects and securities whatsoever, for which the said George Boyd may be accountable as surety for the said John Rex, he the said George Boyd first entering into bond to the Commonwealth, in the sum of twenty thousand dollars, with James Gregg and Enoch Rex, as his sureties, — with whom the Court is satisfied, — conditioned that he will faithfully pre- serve and account for said goods, chattels, effects and securities, and deliver and dispose of the same according to the order of the said Court. 158. Bond of Surety on Delivery of Estate. p. 307, pi. 209. 29 March 1S32, P. L. 197. Know all men by these presents, that we, George Boyd, James Gregg and Enoch Rex, all of said county, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of twenty thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attor- ney or assigns, to which payment well and truly to be made, we bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, dated the first day of October, in the year of our Lord one thousand eight hundred and sixty : Whereas such proceedings were had in the Orphans' Court of Chester County in relation to the estate of John Gregg, late of the Township of Penn in said county, deceased, that John Rex, Administrator, &c., of said deceased, was by said Court directed to pay and deliver to the said George Boyd, all goods, chattels, effects and securities whatsoever, for which the said George 252 DECEDENTS. Boyd was accountable as surety in the administration bond of the said John Rex, Administrator aforesaid, upon the said George Boyd entering into bond to the Commonwealth in the sum of twenty thousand dollars, with condition hereinafter written : Now the condition of this obligation is such, that if the said George Boyd shall faithfully preserve and account for the afore- said goods, chattels, effects and securities, and deliver and dis- pose of the same according to the order of the said Court, then this obligation shall be void, or else shall be and remain in full force and virtue. Sealed and delivered in presence of William Marshall, George Fisher. George Boyd, [l. s.] James Gregg, [l. s.] Enoch Bex. [l. s.] 159. Petition for Security from an Executrix Marrying. p. 306, pi. 205. 29 March 1S32, P. L. 195. To The Honorable, the Judges of the Orphans' Court of Chester County : The petition of Sarah Robb and John Robb, minor children of Mary Robb, deceased, by their next friend, James Gregg, Respectfully represents. That John Gregg, late of the Township of Penn in said county, died about the first day of March, a. d. one thousand eight hundred and fifty-eight, having made his last will and testament dated the tenth day of January in the same year, of which will he appointed his wife Sarah Gregg, the executrix, who having duly proved the same on the tenth day of the same month, took upon herself the burden of its execution and pos- sessed herself of the personal property of said deceased ; that by the said will the testator bequeathed to the said petitioners the sum of one thousand dollars each, payable to them when they should respectively attain the age of twenty-one years ; that the said Sarah Gregg has recently married one John Rex, DECEDENTS. 253 "without securing the aforesaid portions of said minors : They therefore pray the Court to issue a citation to the said John Rex and Sarah Rex — late Gregg — his wife, to appear on a day certain, before this Court, to answer the complaint of the peti- tioners and show cause, if any they have, why the said John Rex should not be required to give security conditioned for the faithful performance of the trusts under said will, and that the Court will grant such further relief as may be authorized by law. And they will, &c. Sarah Robb, John Robb, By their next friend, James Gregg. (Affidavit by James Gregg of truth of petition to be appended.) 160. Petition to Vacate Letters where Executor is Lunatic, ^c. p. 306, pi. 207. 29 March 1832, P. L. 196. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents. That John Gregg, late of the Township of Penn, died about the first day of April last, having made his last will and testa- ment, which will was duly proved on the tenth day of the same month, and letters testamentary thereon were duly granted to John Rex, the Executor named therein ; that since the granting of the said letters, to wit on the first day of September instant, by proceedings duly had in the Court of Common Pleas of said county, the said John Rex was duly declared to be a lunatic, and George Boyd appointed Committee of his person and estate, as by an exemplification of the proceedings hereto annexed will appear : The petitioner therefore prays the Court to vacate the letters testamentary granted to the said John Rex, and award new 254 DECEDENTS. letters, according to tlie Act of Assembly in sucli case made and provided. And he will, &c. James Gregg. (Affidavit of truth of petition to be appended.) 161. Application to dismiss Executor, Administrator, or Guardian. p. 307, pi. 211. 1 May 1S61, P. L. 680. To the Honorable, the Judges of the Orphans' Court (or as the case may be) of Chester County : The petition of John Robb, respectfully represents, That John Gregg, late of the Township of Penn in said county, died about the first day of January, a. d. 1850, having made his last will and testament, dated the tenth day of June, A. D. 18-49, which was duly proved the twelfth day of January aforesaid ; that letters testamentary were duly granted to James Gregg, the Executor named therein, who took upon himself the burden of the execution thereof, and filed in the Register's Office of said county an inventory of the goods, chattels and credits of the decedent, amounting to the sum of ten thousand dollars, and possessed himself of the same ; that the said James Gregg is wasting and mismanaging the property and estate under his charge (state briefly the circumstances constituting mismanage- ment, &c., or inserting the other circumstances mentioned in the act as the case may be), and by reason thereof the interests of the estate and property are likely to be jeopardized by the continuance of said James Gregg as Executor ; The petitioner further showing that he is one of the residuary legatees under said will and a person interested, prays the Court to issue a citation to said James Gregg to appear on a day to be named by the Court to answer said charge and to make such necessary rules and orders for bringing said matter to a hearing as the Court may deem right, and if upon the hearing, the Court shall be satisfied of the truth of the matters herein charged, DECEDENTS. 255 that they will vacate the letters testamentary granted as afore- said, and remove the said James Gregg and award new letters to be granted by the Register of Wills. And he will pray, &c. October 1, 1850. John Robb. (Affidavit of the truth of petition to be appended.) 162. Petition to discharge Administrator, ^c, on account of Sickness, ^e. Pp. 307, 308, pi. 211, 212. 1 May 1861, P. L. 681. To the Honorable, the Judges of the Orphans' Court of Chester County: The petition of John Robb, Respectfully represents. That John Gregg, late of the Township of Penn in said county, deceased, died about the first clay of January, a. d. 1850, having made his last will and testament, which was duly proved the twelfth day of January aforesaid ; that letters testamentary were duly granted to James Gregg, the Executor named therein, who took upon himself the burden of the execution thereof; that the said James Gregg has become incompetent to discharge the duties of his trust by reason of sickness (state the character of sickness — or as the case may be). The peti- tioner further showing to the Court that he is a residuary legatee under the said will and a person interested, prays the Court, upon being satisfied that said incompetency is likely to continue to the injury of the estate under the control of the said James Gregg, Executor aforesaid, to make a decree vacat- ing the letters testamentary, granted as aforesaid to the said James Gregg, and remove the said James Gregg and award new letters to be granted by the Register of Wills, &c. And he will, &c. October 1, 1850. John Robb. (Affidavit of truth of petition to be appended.) 256 DECEDENTS. 163. Decree in case of Executor or Administrator. In the Estate of John ) In tlie Orphans' Court of Chester Gregg, deceased. j County. Of October Term 1850. In the matter of the application for the removal, &;c., of James Gregg, Executor, &c., of said deceased. And now, March 10, 1851, on the hearing of the matters complained of in said application, the Court being satisfied of the truth of the matters charged, do order and decree the letters testamentary heretofore granted to the said James Gregg as therein set forth be vacated, and that said James Gregg be removed from his trust as Executor, and the Court award that letters of administration with the will annexed be granted by the Register to George Rex in due form of law. 164. Decree in case of Guardian, <|-c., to he appointed ly the Court. P. 306, pi. 202. 24 March 1832, P. L. 194. P. 307, pi. 211. 1 May 1861, P. L. 680. In the Estate of Samuel Gregg, '\ In the Orphans' Court a minor child of John Gregg, de- V of Chester County. ceased (or as the case may be). J Of October Term, 1850. In the matter of the application for the removal of James Gregg, Guardian, &c., of said minor. And now, March 10, 1851, on the hearing of the matter complained of in said application, the Court being satisfied of the truth of the matters charged, do order and decree that the appointment of the said James Gregg as aforesaid be vacated, and that he be removed from his trust as guardian aforesaid, and that George Rex be appointed guardian of the person and estate of the said Samuel Gregg, he, the said George Rex, entering into bond to the Commonwealth in the sum of twenty thousand dollars, with Seth Rea and James "Wills as his sureties, — who are approved by the Court, — conditioned for the per- DECEDENTS. 257 formance of his trust as guardian aforesaid. And the Court do further order and decree, that the said James Gregg do deliver over and pay to the said George Rex all and every the goods, chattels and property, money, estate and efifects of the said John Gregg, in their hands. 165. Petition for Discharge of Executor removing from State. P. 307, pi. 208. 29 March 1832, P. L. 197. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents. That John Gregg, late of the Township of Penn in said county, died intestate about the first day of March, a. d. one thousand eight hundred and fifty-eight, and that administration of his goods, chattels and credits was granted by the Register of Wills of said county to John Rex, who filed an inventory of said personal estate, amounting to ten thousand dollars and possessed himself of the same : The petitioner further represents that the said John Rex has removed from this State, and has ceased to have any known place of residence therein during the period of more than one year last past : The petitioner showing to the Court that he is a son and one of the next of kin of the said John Gregg, and therefore interested in the estate of said deceased, prays the Court to make a decree vacating the letters of administration heretofore granted to the said John Rex as aforesaid, and such further order and decree as is directed by the Act of Assembly in such case made and provided. And he will, &c. James Gregg. (Affidavit of truth of petition to be appended.) 17 258 DECEDENTS. 166. Petition to discharge Deceased Administrator's Estate and his Sureties from Liability. p. 307, pi. 210. 2 February 1853, P. L. 31. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Samuel Rex, Respectfully represents, That on the first day of March, A. D. one thousand eight hundred and sixty, administration of the goods, chattels and credits which were of John Gregg, late of the Township of Penn in said county, deceased, was duly granted by the Register of said county to Sarah Gregg and John Rex, who gave bond to the Commonwealth in the sum of ten thousand dollars, with Enoch Rex and George Boyd as their sureties, with condition according to law : The petitioner further represents that since the granting of said letters and entering into bond as aforesaid, to wit, on or about the tenth day of June last, the said John EjCX has died, and administration of his estate has been granted to the petitioner, who is one of his children and next of kin, and a party interested in his estate : The petitioner therefore prays the Court to discharge the estate of the said John Rex, deceased, and the said Enoch Rex and George Boyd, his afore- said sureties, from further liabilities on account of their surety- ship for him as aforesaid, and make such further order as is directed by the Act of Assembly in such case made and provided. And he will, &c. Samuel Rex. (Affidavit of truth of petition to be appended.) 167. Petition for Citation. p. 766, pi. 18. 29 March 1832, P. L. 208. In the Estate of John "I In the Orphans' Court of the Gregg, deceased. / County of Chester. To the Honorable, the Judges of the Orphans' Court of Chester County : DECEDENTS. 259 The petition of James Gregg, Respectfully represents : That John Gregg, late of the Township of Penn in said county, died intestate on or about the first day of March, in the year of our Lord one thousand eight hundred and fifty-nine, and that administration of his goods, chattels and credits were duly granted to Sarah Gregg and James Robb by the Register of Wills of said county, they having entered into bond to the Common- wealth with Seth John and Abel Lea as their sureties, (a) con- ditioned according to law and filed in the office of said Register an inventory of said goods, chattels and credits amounting to one thousand dollars ; that more than one year has elapsed since the grant of administration aforesaid and the said Sarah Gregg and James Robb have not exhibited any account and settlement of said goods, chattels and credits into the said Register's Office : The petitioner therefore showing that he is a son and one of the next of kin of said John Gregg and interested in his estate, prays the Court to award a citation against the said Sarah Gregg and James Robb, commanding them to exhibit such account and settlement as aforesaid, or show cause, &c., and to grant such other relief as may be equitable. And he will, &c., James Gregg. (Affidavit of truth of petition to be appended.) 168. Citation. p. 766, pi. 18. 29 March 1832, P. L. 208. Chester county, ss. The Commonwealth of Pennsylvania to Sarah Gregg [Seal.] and John Robb, Administrators of the goods, chat- tels and credits which were of John Gregg, late of the Township of Penn in said county, deceased : Greeting : — Whereas it has been represented to us before our Justices of the Orphans' Court of Chester County, by the peti- (a) The sureties should be named in petition and citation, that service may be made on them in case it cannot be made on Administrator. 260 DECEDENTS. tion of James Gregg, that the said Jolin Gregg died intestate on or about the first day of March, in the year of our Lord, one thousand eight hundred and fifty-nine, and that the ad- ministration of his goods, chattels and credits, was by the Reg- ister of said Court duly committed to you, the said Sarah Gregg and John Robb, you having given bond to the Commonwealth, -with Seth Jones and Abel Lea as your sureties, conditioned accord- ing to law and that you have filed in the ofiice of the said Register, an inventory thereof, amounting to the sum of one thousand dollars, but have not exhibited into said office any ac- count or settlement of said goods, chattels and credits, although more than one year has elapsed since the grant of administra- tion aforesaid ; and the said James Gregg further showing to us that he is a son and one of the next of kin of said deceased, and interested in his estate, has besought us to provide a remedy for him in this behalf : These are therefore to command you, the said Sarah Gregg and James Robb, Administrators aforesaid, to exhibit into the Register's Office aforesaid, a just account and settlement of said goods and chattels on or before the return of this citation, on the last Monday in July next, or show cause at said day to our Judges, why you have not so done. Witness the Honorable Townsend Haines, President of Court, the tenth day of June, in the year of our Lord one thousand eight hundred and sixty. George Fisher, Clerk. 169. Proof of Service of Citation. P. 766, pi. 19, 20, 22. 29 March 1832, P. L. 203. Chester county, ss. - James Wills, being sworn in due form of law, says, that he served the within citation on the said Sarah Gregg therein named, on the twentieth day of June last, by giving her a copy thereof personally, and on the said James Robb therein named, DECEDENTS. 261 on the same day, by leaving a copy thereof with a member of his family at his last place of abode. Sworn and subscribed, July 1, ^ James Wills. A. D. 1860, before V John Graves, J. P. I 170. Proof of Service of Citation on Sureties. p. 766, pi. 19, 21, 22. 29 March 1832, P. L. 208. Chester county, ss. James Wills, being duly sworn, says that Sarah Gregg and James Robb, respondents named in the within citation, could not be found and have no known dwelling place in said county : and that he served said citation on Seth Jones therein named, on the twentieth day of June last by giving him a copy person- ally, and on Abel Lea therein named, on the same day, by leaving a copy thereof with a member of his family at his last place of abode. Sworn and subscribed in open ^ James Wills. Court, July 3, 1860. I George Fisher, Clerk. J 171. Return of Citation not Served. p. 766, pi. 23. 29 March 1832, P. L. 208. Chester county, ss. James Wills, being duly sworn, says, that Sarah Gregg and James Robb within named, cannot be found, and have no known dwelling place within this Commonwealth, their supposed place of residence being Baltimore, in the State of Maryland (or, the deponent having no knowledge or information of their place of residence), and that there is no surety of said Sarah and James 262 DECEDENTS. on whom service can be made as directed by the Act of Assembly in such case made and provided. Sworn and subscribed in open ^ James WiLLS. Court, July 30, 1860. I George Fisher, Clerk. J In the Estate of John Gregg, deceased. 172. Decree awarding Second Citation. p. 766, pi. 23, 24. 29 March 1832, P. L. 208. In the Orphans' Court of Chester County. In the matter of the citation to Sarah Gregg and James Robb, Execu- tors, &c., of John Gregg, dceeased, to settle an account, &;c. And now, August 1, 1860, on the return of the citation in this case, it appearing to the Court, upon the oath of the com- plainant James Wills, that the respondents Sarah Gregg and James Robb cannot be found, and have no known dwelling place within this Commonwealth, and that there is no surety of the said respondents on whom service of said citation can be made according to the Act of Assembly in such case made and pro- vided : The Court award another citation commanding the said Sarah Gregg and James Robb, as in the original citation they were commanded, and returnable on the last Monday in October next ; and the Court do further order that the citation now awarded be published once a week for four successive weeks before the return thereof, in the "Star," a newspaper pub- lished in the County of Chester, and in the "Press," a news- paper published in the City of Philadelphia. 173. Proof of Publication of Citation. P. 766, pi. 22, 24. 29 March 1832, P. L. 203. Chester county, S8. Eli Fox, being duly sworn, says, that the within citation has DECEDENTS. 263 been publislied once a week for four successive weeks, before the return thereof, in the " Star," a newspaper published in the County of Chester, and in the "Press," a newspaper published in the City of Philadelphia, viz. : in the " Star" on the third, tenth, seventeenth and twenty-fourth days of August last, and in the "Press" on the fourth, eleventh, eighteenth and twenty- fifth days of the same month. Sworn and subscribed, Septem- "| Eli Fox. ber 11, 1860, in open Court. > George Fisher, Clerk. J 174. Reference to Auditor, ^c. p. 766, pi. 25, 26. 29 March 1832, P. L. 209. In the Estate of John Gregg, deceased. In the Orphans' Court of Chester County. In the matter of the citation to Sarah Gregg and James Robb, Administrators of John Gregg, deceased, to settle an account. And now, October 31, 1860, the said Sarah Gregg and James Robb not appearing according to the requisitions of said citation, and due proof being made that the said Sarah and James cannot be found and have no known dwelling place in this Commonwealth ; that there is no surety of the said Sarah and James, on whom service can be made according to law and that publication of said citation has been made according to the order of the Court : The Court do proceed to make such de- cree in respect to the subject-matter of said citation as is just and necessary, and therefore do order that the petition of James Wills, the complainant, be taken as confessed, and direct a reference to David Bond, Esquire, as Auditor, to take proof of the facts and circumstances set forth in the said petition and to report them, and to report an account against the defendants if necessary (or as the decree may be), and the Court direct that notice of the hearing before the Auditor be given by publica- 264 DECEDENTS. tion once a week, for four successive weeks, before said hear- ing, in the " Star," a newspaper published in the County of Chester, and in the "Press," a newspaper published in the City of Philadelphia. (Or as the order may be.) 175, Report of Auditor on Citation, ^e. p. 766, pi. 27. 29 March 1832, P. L. 209. To the Honorable, the Judges of the Orphans' Court of the County of Chester : The undersigned, appointed by the annexed order, Auditor, for the purposes therein mentioned, reports that having given notice of the time and place where he would hear the parties, by publication once a week for four successive weeks, in the "Star" and the "Press" within-named, to wit, in the "Star" on the third, tenth, seventeenth and twenty-fourth days of November last, and in the " Press" on the fifth, twelfth, nine- teenth and twenty-sixth days of the same month (a copy of said notice being hereto annexed), he sat at his office in the borough of West Chester, on the fifth day of December instant, and having been duly sworn to perform the duties of his appoint- ment with fidelity, the complainant with his counsel, William Marshall, Esquire, being present, and the defendants not ap- pearing (or as the case may be), he proceeded to take proof of the facts and circumstances set forth in the petition of the com- plainant and finds as follows, viz. (set out the finding). The Auditor therefore being of opinion that it is necessary, reports the account hereto annexed against the defendants, by which it appears that there is a balance of five hundred dollars in the hands of the defendants, which sum he reports to be due to the estate of the said John Gregg, by the defendants. All which is respectfully submitted. David Bond, December 10, 1860. Auditor. (Annex account.) In the Estate op John Gregg, deceased. DECEDENTS. 265 176. Confirmation of Auditor s Report and Decree, ^c. p. 766, pi. 27. 29 March 1832, P. L. 209. In the Orphans' Court of Chester County. In the matter of the citation to Sarah Gregg and James Robb, Administrators of John Gregg, deceased, to settle an account. And now, December 16, 1860 : The report of David Bond Esquire, Auditor to take proof of the facts and circumstances set forth in the complainant's petition, &c., having been read, it is ordered that the same be confirmed, and it is decreed by the Court that there is in the hands of the said Sarah Gregg and James Robb, the sum of five hundred dollars due the estate of the said John Gregg, and that the said Sarah Gregg and James Robb do pay the costs of this proceeding. 177. Decree on Report of Distribution. p. 766, pi. 27. 29 March 1832, P. L. 209. ^ -. 1 In the Orphans' Court of Chester In the Estate of John ( p x Gregg, deceased. f tt ,. c -i- l -y ^^ J Upon report oi distribution. And now, January 1, 1861 : The report of David Bond, Es- quire, Auditor to make distribution of the balance in the hands of Sarah Gregg and James Robb, Administrators, &c., of John Gregg, deceased, to and amongst the parties entitled thereto, having been read, it is ordered and decreed by the Court, that the same be confirmed, and it is further ordered that the said Administrators pay the amount in their hands to the persons entitled thereto according to the report of the Auditor. 266 DECEDENTS. 178. Petition for Execution in Orphans' Court. .p. 766, pi. 28. 29 March 1832, P. L. 209. T Ti T 1 I"^ tlie Orphans' Court of Chester In the Estate of John ( p Gregg, deceased. | ^t , ,. ,. ., . ) Upon decree ot distribution. To the Honorable, the Judges of the Orphans' Court of Ches- ter County : The petition of James Gregg, Respectfully represents. That David Bond, Esquire, Auditor to make distribution of the balance in the hands of Sarah Gregg and James Robb, Admin- istrators of John Gregg, late of the Township of Penn in said county, deceased, reported amongst other things, that the pe- titioner was entitled to the sum of two hundred dollars, part of said balance, which report was confirmed by this Court on the first day of January instant, and the said Sarah Gregg and James Robb were then ordered to pay the amount in their hands as administrators aforesaid to the persons entitled thereto, according to the said report. The petitioner further represent- ing to the Court that the said Sarah Gregg and James Robb have not paid him the said sum of two hundred dollars, accord- ing to said report and order, prays the Court allow him a writ of execution, in the nature of a writ of Fieri Facias, against the said Sarah Gregg and James Robb, for said sum of two hundred dollars. And he will, &c. James Gregg. (Affidavit of truth of petition to be appended.) 179. Fieri Facias in Orphans' Court. p. 766. pi. 28. 29 March 1832, P. L. 209. Chester County, ss. pq 1 -J The Commonwealth of Pennsylvania, to the Sheriff of the County of Chester ; Greeting : We command you, that of the goods and chattels., lands and DECEDENTS. 267 tenements of Sarah Gregg and James Robb, late of your county, in your bailiwick, you cause to be levied a certain debt of two hundred dollars, lawful money of the United States, which, by our Orphans' Court before our Judges at West Chester, was decreed to be due from the said Sarah Gregg and James Robb to the said James Gregg and ordered to be paid to him as by the record of said Court in that behalf appears : And have you that money before our said Judges at West Chester at our Orphans' Court — there to be held on the last Monday in July, instant, to render unto the said James Gregg for his debt afore- said ; and have you then and there this writ. Witness the Honorable Townsend Haines, Esquire, President of our said Court at West Chester, the tenth day of January, in the year of our Lord one thousand eight hundred and sixty- one. James Davis, Prothonotary. 180. Petition for Attachment or Sequestration. p. 766, pi. 28. 29 March 1832, P. L. 209. T -n T ) In the Orphans' Court of Chester In the Estate of John I '■ /-I J J / County. Gregg, deceased. I "^ „,..,. J Upon decree oi distribution. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents. That David Bond, Esquire, Auditor to make distribution of the balance in the hands of Sarah Gregg and James Robb, Administrators, &c., of John Gregg, late of the Township of Penn in said County of Chester, deceased, reported amongst other things that the petitioner was entitled to the sum of two hundred dollars, part of said balance, which report was confirmed by this Court on the first day of January, instant, and the said Sarah Gregg and James Robb Avere ordered to pay the amount 268 DECEDENTS. in their hands as administrators aforesaid, to the persons en- titled thereto, according to the said report : The petitioner fur- ther representing to the Court, that the said Sarah Gregg and James Robb have not paid him the said sum of two hundred dollars according to said report and order, prays the Court to direct a writ of attachment (or " sequestration" as the case may be), to issue against the said Sarah Gregg and James Robb to enforce compliance with said order. And he will, &c. James Gregg. (AflSdavit of truth of petition to be appended.) [Seal.] 181. Attachment on Decree of Payment. p. 766, pi. 28. 29 March 1832, P. L. 209. The Commonwealth of Pennsylvania, to the Sheriff of the County of Chester ; Greeting : Whereas, by a degree of our Orphans' Court, before our Judges thereof, at West Chester, on the first day of January, instant, Sarah Gregg and James Robb were ordered to pay James Gregg a certain debt of two hundred dollars, which was then decreed by our said Court to be due from the said Sarah Gregg and James Robb to the said James Gregg ; and whereas it is represented to our said Court that the said Sarah Gregg and James Robb have wholly neglected to comply with said order and decree and to pay the said sum of money to the said James Gregg : We therefore command you to attach the said Sarah Gregg and James Robb so as to have them before our said Orphans' Court on the last Monday of January, instant, there to answer to us as Avell touching the contempt which as is alleged has been committed against us, as also such other matters and things as shall then and there be laid to their charge in this behalf, and further to perform and abide such order as our said Court shall make in this behalf, and thereof fail not : And have you then and there this writ. Witness the Honorable Townsend Haines, DECEDENTS. 269 President of our said Court at "West Chester, the tenth day of January, in the year of our Lord one thousand eight hundred and sixty-one. James Davis, Clerk. 182. Petition for Attachment in First Instance. p. 767, pi. 35, 29 March 1832, P. L. 210. In the Estate of John 1 In the Orphans' Court of Chester Gregg, deceased. j County. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents, That (setting out the facts and the interest of petitioner ;) The petitioner further represents, that the said James Robb has absconded (or "is about to abscond," or "is about to depart") from his usual place of abode to the prejudice of the petitioner. The petitioner therefore prays the Court to allow the issuing of a writ of attachment (or " sequestration" — or " attachment and sequestration") against the said James Robb, to compel him to (set out the act to be done), or to show cause, &c., and to grant such other relief to the petitioner as may seem equita- ble. And he will, &c. James Gregg. Chester county, ss. James Gregg, being duly sworn, says, that the statements in the foregoing petition are true as he verily believes, that the said James Robb has absconded (or "is about to abscond," or "is about to depart") from his usual place of abode to the pre- judice of the complainant. Sworn and subscribed in open "j James Gregg. Court, May 1, 1860. I George Fisher, Clerk. J 2T0 DECEDENTS. 183. Recognisance to Dissolve Attachment. p. 767, pi. 36. 29 March 1832, P. L. 210. In the Estate of John Gregg, deceased. In the Orphans' Court of Chester County. y In the matter of petition of James Gregg for attachment against James Robb in the first instance. Chester county, ss. We, James Robb above named, Seth Jones and Abel Lea, all of the County of Chester, severally acknowledge ourselves to be indebted to the Commonwealth of Pennsylvania in the sum of two thousand dollars, lawful money of the United States, to be levied of our goods and chattels, lands and tenements respec- tively, and to be void upon condition that the said James Robb shall appear on the last Monday in July next, before the said Court, to answer to the above petition of the said James Gregg and abide the orders and decrees of the said Court in the premises. Taken and acknowledged May 10, 1 James Robb, 1860, before I Seth Jones, Townsend Haines, f Abel Lea. President Judge. 184. Order Dissolving AttacJwieyit of Executor on Security. p. 767, pi. 36. 29 March 1S32, P. L. 210. In the Matter of the Es tate of John Gregg. > In the Orphans' Court of Ches- ter County. Upon attachment and seques- tration against James Robb, Executor, &c., on the petition of James Gregg. And now. May 10, 1860 : James Robb, above named, having given security to the satisfaction of the Court, by recognisance DECEDENTS. 271 to the Commonwealth, in the sum of two thousand dollars, with Seth Jones and Abel Lea as his sureties, conditioned that he will appear in said Court on the last Monday of July next, to answer to said petition and to abide all orders and decrees of said Court in the premises, said attachment and sequestration are dissolved. 185. Petition for Writ of Seizure of Trust Ustate when Trustee Absconds, ^c. p. 767, pi, 37. 29 March 1832, P. L. 210. In the Matter of the Estate of \ In the Orphans' Court of John Gregg, deceased. / Chester County. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents, That the said John Gregg died on or about the first day of January last, having made his last will and testament, dated on the first day of March, one thousand eight hundred and fifty- nine : That of the said will he appointed James Robb the Exe- cutor, who duly proved the same on the tenth day of January aforesaid, took upon himself the burden of the execution thereof, took possession of the personal estate of said deceased, and filed in the Register's Office of said county an inventory thereof, amounting to five thousand dollars ; that by said will the testator bequeathed all his said personal estate, after the payment of his debts, to the petitioner ; that the said James Robb has in his possession the property and effects set out in said inventory, a copy whereof is hereto annexed, and that the said James Robb is wasting and otherwise disposing of said property and efi'ects, contrary to his duty and trust (or " is about to abscond and carry said trust property and efi'ects out of the jurisdiction of this Court"), the petitioner therefore prays the Court to award a writ in the name of the Commonwealth, to the Sheriif of said county, returnable on a day certain to this Court, to be convened for that purpose, — Commanding the said Sherifi* to take posses- sion of all such property and to hold the same subject to the 272 DECEDENTS. order of this Court, and also to attach all debts due to said trust and all stocks in said inventory mentioned, and serve a copy of said writ upon each debtor of said trusts and upon each incorporated company in which said stocks belonging to said trust are held. And he will, &c. James Gregg. Chester county, ss. James Gregg above named, being duly sworn, says, that the statements in the foregoing petition are true, that the said James Robb has in his possession the trust property and effects mentioned in the inventory hereto annexed, and that he is wasting and otherwise disposing of the same, contrary to his duty and trust (or " is about to abscond and carry said trust property out of the jurisdiction of this Court"), as the deponent verily believes. Sworn and subscribed, May '\ James Wills. 10, 1860, before V John Graves, J. P. I 186. Writ of Seizure of Trust Estate when Trustee Absconds, ^c. p. 767, pi. 37. 29 March 1832, P. L. 210. Chester county, ss. r-q , -| The Commonwealth of Pennsylvania To the Sheriff of the County of Chester ; Greeting : Whereas we have been informed in our Orphans' Court, held and kept at West Chester for said County of Chester, before our Judges thereof, on the part and behalf of James Gregg, that James Robb, Executor of the last will and testa- ment of John Gregg, deceased, has in his hands trust property and effects, the estate of the said deceased, to wit (set out the property) : and that he is wasting and otherwise disposing of the same, contrary to his duty and trust (or " is about to abscond and carry said trust property and effects out of the jurisdiction of said Court"), you are therefore hereby commanded to take DECEDENTS. 273 possession of all the trust property and eiFects specified herein and hold the same subject to the order of our said Court ; and also to attach all the debts and stocks specified herein, and keep them under attachment, subject to the order of said Court, and serve a copy of this writ upon each of said debtors owing said debts and upon each company in which said stock may be held. And how you shall have executed this writ, you are to make known to the Justices of our said Court at West Chester on the last Monday of July next, and have you then there this writ : Witness the Honorable Townsend Haines, President of our said Court, at West Chester, the tenth day of May in the year of our Lord one thousand eight hundred and sixty. George Fisher, Clerk. 187. Bond of Complainant to Sheriff before seizing Trust Estate when Trustee Absconds, ^-c. P. 767, pi. 37. 29 March 1832, P. L. 210. In the Estate of John 1 In the Orphans' Court of Chester Gregg, deceased. / County. In the matter of the writ of seizure against James Robb, Executor of said deceased, upon complaint of James Gregg : Know all men by these presents, that we, James Gregg above named, Seth Jones and Abel Lea, all of said County of Chester, are held and firmly bound to Jesse John, Sheriff" of said county,. in the sum of ten thousand dollars, lawful money of the United States, to be paid to the said Jesse John, his certain attorney, executors, administrators and assigns, to which payment well and truly to be made, we bind ourselves, jointly and severally our heirs, executors and administrators firmly by these presents. Sealed with our seals, dated the twelfth day of May, in the year of our Lord one thousand eight hundred and sixty. The condition of this obligation is such, that if the above bounden James Gregg shall indemnify the said Jesse John, Sheriff" aforesaid, against any damages arising from the execu- 18 274 DECEDENTS. tion of the above-stated writ of seizure, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the >^ James Gregg, [l. s.] presence of I Seth Jones, [l. s.] David Bond, | Abel Lea. [l. s.] Job Mann. -^ 188. Bond of Defendant on Writ of Seizure. P. 767, pi. 37. 29 March 1832, P. L. 210. In the Estate of John GpiEGG, deceased. ^ In the Orphans' Court of Chester County. " In the matter of the writ of seizure against James Robb, Executor, (fee, of said deceased. Know all men by these presents, that we, James Robb, Exe- cutor, &c., of John Gregg, deceased, Seth Jones and Abel Lea, all of said county, are held and firmly bound unto Jesse John, Sherijff of said County of Chester, in the sum of ten thousand dollars, lawful money of the United States, to be paid to the said Jesse John, his certain attorney, executors, administrators and assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, dated twelfth day of May, in the year of our Lord one thousand eight hundred and sixty. The condition of this obligation is such, that if the trust pro- perty and effects specified in the above-mentioned writ of seizure, shall be forthcoming at the return of said writ, then this obliga- tion to be void, or else to remain in full force and virtue. Sealed and delivered in the"' presence of James Robb, [l. s.] Seth Jones, [l. s.] Daniel Bond, { Abel Lea. [l. s.] Job Mann. DECEDENTS. 275 189. Return of Writ of Seizure when Executed. p. 767, pi. 37. 29 March 1832, P. L. 210. To the Honorable, the Judges within named : I, Jesse John, the within-named Sheriff, do certify and return that by virtue of the within writ, I did, on the twelfth day of May last, take possession of the trust property and eifects men- tioned in the schedule marked A, hereto annexed, being part of the same in said writ specified, and that the remainder of the said trust estate and effects specified in said writ I did not find in the possession of said defendant ; and that I hold said trust estate and effects subject to the order of the Orphans' Court, as by the said writ I am commanded : I further certify and return, that on the said day I have attached the debts and stocks men- tioned in the schedule hereto annexed, marked B, being the same debts and stocks specified in said writ of seizure ; and that on the same day I served a copy of said writ, personally, on Enoch Rex, one of the debtors in said writ and schedule named, by giving him said copy, and on the thirteenth day of the same month on the Delaware Railroad Company, named in said writ and schedule, by giving a copy thereof to George Boyd, a director of said company, said company having been incorpo- rated by this Commonwealth, and its principal office for the transaction of business being located out of this State, and the said George Boyd residing within the County of Chester ; and on the fourteenth day of the same month on Charles Fox, another of the debtors in said writ and schedule specified, by leaving the said copy at his dwelling-house in the presence of an adult member of his family ; and on the last-mentioned day on Rees Keim, another of the debtors in said writ and schedule specified, by leaving the said copy with George Reed an adult member of the family of Thomas Reed, in which said Rees Keim resides (or, according to the circumstances). So answers, Jesse John, Sheriff. 276 DECEDENTS. 190. Return of Sheriff on Security given hy Defendant. p. 767, pi. 37. 29 March 1832, P. L. 210. To the Honorable, the Judges "within named : I, Jesse John, the within-named Sheriff, do certify and return, that by virtue of the T^thin writ on the twelfth day of May last, I proceeded to execute the same writ according to the command thereof, but that the said James Robb, against whom the same issued, gave me sufficient security that the trust pro- perty and effects specified therein, should be forthcoming at the return thereof, and therefore I did not execute the same. So answers, Jesse John, ' Sheriff. 191. Writ of Seizure against Discharged Trustee. p. 768, pi. 38. 29 March 1S32, P. L. 211. Chester county, ss. The Commonwealth of Pennsylvania, to the Sheriff ' •- ■-' of said county ; Greeting : Whereas, such proceedings were had in our Orphans' Court, held and kept at West Chester, before our Judges thereof, on the part and behalf of James Gregg, that letters testamentary, heretofore granted by the Register of said county to James Robb, Executor, &c., of the last will and testament of John Gregg, late of the Township of Penn in said county, were by the decree of said Court vacated, and upon the grant to George Boyd, by the said Register, of administration of the unadmin- istered goods with the will annexed, of the said John Gregg, de- ceased, the said James Robb by the final order and decree of said Court, was directed to deliver over and pay to the said George Boyd, all and every the goods, chattels and estates of the said John Gregg, deceased, in his hands : And whereas we have been informed in our said Court, that the said Register has granted administration aforesaid to the said Geoi'ge Boyd, and DECEDENTS. 277 that the said James Robb has in his hands. the following trust property and effects of the estate of the said John Gregg, de- ceased, which he has neglected and refused to deliver over and pay to the said George Boyd, in obedience to said decree, to wit (set out the property specifically). You are hereby com- manded to take possession of all the said trust property and effects herein specified and hold the same subject to the order of our said Court, and also to attach all debts and stocks speci- fied herein and keep them under attachment, subject to the order of our said Court, and serve a copy of this writ upon each of said debtors owing said debts, and upon each company in which said stock may be held. And how you have executed this writ you are to make known to the Justices of our said Court at West Chester, on the last Monday in July next, and have you then there this writ. Witness the Honorable Townsend Haines, President of our said Court at West Chester, the tenth day of May, in the year of our Lord, one thousand eight hundred and sixty. George Fisher, Clerk. 192. Order of Sale after Sequestration. In the Estate of John Gregg, deceased. p. 768, pi. 40. 29 March 1832, P. L. 211. In the Orphans' Court of Chester County. > Upon Sequestration against John Robb, Administrator, on petition of James Gregg. And now, February 1, 1860, The Sheriff having made return to the writ of Sequestration issued in this case ; — the Court or- der that the decree of this Court of January 1, 1860, for pay- ment by James Robb of the sum of two hundred dollars and costs to the said James Gregg, be satisfied out of the estate and effects sequestrated by virtue of said writ, the said James Gregg having first given security by recognisance to the Com- 278 DECEDENTS. monwealtb, in the sum of fiv^e hundred dollars, with Seth Jones and Abel Lea as his sureties, who are approved by the Court, conditioned that the said James Gregg shall abide the order of the Court touching the restitution of what he may receive, in case the said James Robb shall appear and be admitted to de- fend the above suit. In the Estate of John Gregg, deceased. r 193. Recognisance of Complainant upon Order of Sale on Se- questration. p. 76S, pi. 40. 29 March 1832, P. L. 211. In the Orphans' Court of Chester County. Upon Sequestration against James Robb, Administrator, &c., &c. On the petition of James Gregg. Chester county, ss. We, James Gregg, above named, Seth Jones and Abel Lea, all of said County of Chester, do severally acknowledge our- selves to be indebted to the Commonwealth of Pennsylvania in the sum of five hundred dollars, lawful money of the United States, to be levied of our goods and chattels, lands and tene- ments, respectively, and to be void upon condition, that the said James Gregg shall abide the order of the Court touching the restitution of what he may receive of the estate and effects of the said James Robb, sequestrated by virtue of the writ of sequestration in this suit, in case the said James Robb shall appear and be admitted to defend said suit. Taken and acknowledged February 1, 1860, in open Court. George Fisher, Clerk. James Gregg, Seth Jones, Abel Lea. DECEDENTS. 279 194. Petition of Defendant after Decree to he admitted to Defend. p. 768, pi. 41. 29 March 1832, P. L. 211. >^ In the Orphans' Court of Chester In the Estate of John I County. Gregg, deceased. f In the matter of the citation against ^ James Robb, Administrator. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Robb, above named, Respectfully represents, That such proceedings in the estate of John Gregg, late of the Township of Penn in said county, deceased, were had in this Court, that on the fifth day of August, in the year of our Lord one thousand eight hundred and fifty-five, upon the report of David Bond, Esq., Auditor, the Court decreed that there was in the hands of the petitioner the sum of four hundred dollars due the estate of the said deceased, and that the peti- tioner should pay the costs of said proceeding ; that such further proceedings were had in said Court, that on the tenth day of September, in the year aforesaid, this Court decreed that of the said sum of four hundred dollars the petitioner should pay to James Gregg the sum of two hundred dollars, and to Charles Gregg the sum of two hundred dollars ; that the petitioner received no personal notice of said decrees before the first day of July last, being within one year last past (or " that no personal notice of said decree has been given to the peti- tioner, and that five years have not elapsed since the entry thereof.") The petitioner therefore prays the Court upon his paying such costs as the Court may adjudge, to admit him to a defence herein. And he will, &c. James Robb. (Affidavit of truth of petition to be appended.) In the Matter of the Es- tate OF John Gregg, deceased. 280 decedents. 195. Order for Issue to Common Pleas. p. 768, pi. 44. 29 March 18.32, P. L. 211. In the Orptans' Court of Ches- ter County. In the matter of the citation against James Robb, Adminis- trator, &c., on the petition of James Gregg. And now. May 1, I860, on the hearing of this case, the Court deem it expedient and do order that an issue be sent into the Court of Common Pleas of said county of Chester for the trial by jury of the following facts, viz. : (set out the facts to be tried). 196. Precept for Issue to Common Pleas. p. 768, pi. 44. 29 March 1832, P. L. 211. Chester county, ss. The Commonwealth of Pennsylvania, To the Judges [Seal.] of the Court of Common Pleas of said county ; — Greeting : Whereas in our Orphans' Court, held and kept at West Chester for the County of Chester before the Judges thereof, on the tenth day of May in the year of our Lord one thousand eight hundred and sixty, such proceedings were had upon a certain citation issued out of our said Court at the instance of James Gregg against James Robb, administrator of the goods, chattels and credits of said deceased, that on the hear- ing thereof, the said James Gregg averred that (set out the facts disputed), and thereupon our said Orphans' Court, deem- ing it expedient, did direct an issue to be sent into the said Court of Common Pleas for the trial of said facts by a jury : We therefore command you that you cause an action to be entered upon the record of said Court of Common Pleas, as of the day of the delivery of this precept into the office of the prothonotary of said Court, between the said James Gregg and the said James Robb, so that an issue may be formed upon the DECEDENTS. 281 said facts, and tried in due course according to the practice of our said Courts in actions commenced by writ, and that you certify the result of the trial so had in the premises into our said Orphans' Court. Witness the Honorable Townsend Haines, President Judge of our said Orphans' Court at West Chester, the day and year above written. George Fisher, Clerk. 197. Petition and Affidavit for Issue on Distribution. p. 768, pi. 44, 45, 46. 29 March 1832, P. L. 211. 20 April 1846, P. L. 411. In the Estate op John Gregg, deceased. In the Orphans' Court of Chester County. In the matter of the distribution of money arising from sale of dece- dent's real estate. To the Honorable, the Judges of the Orphans' Court of said County of Chester : The petition of James Gregg, Respectfully represents, That in the matter of the said distribution there are material facts in dispute, the nature and character whereof he herein sets forth as follows, viz. (set forth the facts) : The petitioner therefore further representing that he appears by record in this csise primd facie, to be entitled to the fund in Court for distribution, prays the Court to direct an issue into the Court of Common Pleas of said county, for the trial of said facts by a jury, and also to direct the said fund to be invested pendente lite, in the debt of the United States or some other sufficient security subject to the decree of the Court. And he will, &c., James Gregg. Chester county, ss. James Gregg, the above petitioner, being duly sworn, says, that the statements in the foregoing petition are true, and that material facts, the nature and character of which are set forth 282 DECEDENTS. in said petition, are in dispute in the distribution therein men- tioned. Sworn and subscribed, May 10, "j James Gregg. ISGO, in open Court. V George Fisher, Clerk. J Ix THE Estate of John Gregg, deceased. 198. Order for Issue and Investment. p. 768, pi. 46. 20 April 1846, P. L. 411. In the Orphans' Court of Chester County. >■ In the matter of the distribution of the money arising from sale of decedent's real estate. And now, May 10, 1860, upon' the petition of James Gregg, the Court determine that an issue shall be granted according to the prayer thereof, and direct that an issue be sent to the Court of Common Pleas of said county, for the trial by jury of the facts set forth in said petition, and the money arising from said sale having been paid into Court and it appearing by the record of this case that the said James Gregg is primd facie entitled to said fund, the Court upon his application order that the same be invested lyendente lite in the debt of the United States (or as the case may be), subject to the decree of this Court. 199. Petition for Order to produce Books, (f• James Robb, Executor, &c., of said deceased, on petition of James Gregg. Before David Bond, Esq., Auditor. To the Honorable, the Judges of the Orphans' Court of Chester County : The Petition of James Robb, the above-named defendant, Respectfully represents. That he verily believes that James Gregg, the above com- plainant, has in his possession or power the books, papers and documents (or as the case may be), hereafter mentioned, viz. (describing them with reasonable certainty) : and that said books, papers and documents are necessary to a just decision of the question before the said Auditor in this case. He there- 284 DECEDENTS. fore prays the Court to compel the said James Gregg to pro- duce said books, papers and documents before said Auditor in the above-mentioned proceedings. And he will, &c. James Robb. (Affidavit of truth of petition to be appended.) In the Estate of John Gregg, deceased. 201. Order to produce BooJcs, ^e. p. 768, pi. 47. 29 March 1832, P. L. 208. In the Orphans' Court of Chester County. } In the matter of the citation against James Robb, Executor, &c., on the petition of James Gregg. And now. May 1, 1860, on the petition of James Gregg, it appearing to the Court that James Robb has in his possession or power books, papers and documents, in said petition described, which are necessary to a just decision of the question before the Court (or the Auditor, as the case may be), in this case, it is ordered that the said James Robb do produce said books, papers and documents, on the hearing of said case before the Court (or the Auditor), or show cause why he should not be compelled to do so. In the Estate of John Gregg, deceased. 202. Attachment for not producing Boohs, ^-e. p. 768, pi. 47. 29 March 1832, P. L. 208. In the Orphans' Court of Chester County. )■ In the matter of the citation against James Eobb, Executor, &c., on the petition of James Gregg. And now, June 10, 1860, due proof having been made of the service of the order heretofore made by the Court, requiring the DECEDENTS. 285 said James Robb to produce tlie books, papers and documents mentioned therein, on the hearing of this case before the Court, and the said defendant having neglected to produce the same, the Court order and direct that an attachment issue against him, the said James Robb, to compel the production of said books, papers and documents. 203. Order for an Attachment for not Producing Boohs before Auditor. P. 768, pi. 47. 29 March 1832, P. L. 208. In the Orphans' Court of Chester County. In the matter of the citation against In the Estate of John ^ xn me matter oi ine ciiaiion againsi Gregg, deceased. j^^^^ ^^^^^ Executor, &c., on petition of James Gregg. And now, June 10, 1860, due proof having been made of the service of the order heretofore made by the Court, requiring the said James Robb to produce the books, papers and docu- ments mentioned therein, on the hearing before the Auditor in this case and of notice to the said James Robb of the time and place of said hearing ; And the Court, having been informed by the report pro Jiac vice of the said Auditor, that the said James Robb has neglected to produce the same, do order and direct that an attachment issue against the said James Robb to com- pel him to produce said books, papers and documents, in accord- ance with said order. 204. Appeal from Decree, — Affidavit and Recognisance. P. 769, pi. 49. 29 March 1832, P. L. 213. Iln the Orphans' Court of Chester County. V in the matter 01 the citation against Gregg, deceased. j^^^^ j^^^^^ Executor, &c., on petition of James Gregg. June 10,1860: James Robb, the above-named defendant, 286 DECEDENTS. beint' acfrieved by the definitive decree of said Court in the above case, appeals from the same to the Supreme Court. James Robb. Chester county, ss. James Robb, the above-named appellant, being duly sworn says, that said appeal is not intended for delay. Sworn and subscribed, June ^ James Robb. 10, 1860, before > John Graves, J. P. J Chester county, ss. "We, James Robb, the above-named appellant, Seth Jones and Abel Lea, all of said county, do severally acknowledge our- selves to be indebted to James Gregg, the complainant, in the sum of one thousand dollars, lawful money of the United States, to be levied of our goods and chattels, lands and tenements respectively, and to be void on condition that the said James Robb shall prosecute his said appeal with efi"ect, and pay all costs that may be adjudged against him. Taken and acknowledged June 10, "" 1860, before Townsend Haines, [ Abel Lea. Prest. Jud^e. James Robb, Seth Jones, 205. Petition to supi^ly Vacancy on Death of one of tioo Exe- cutors, Tnistees. p. 308, pi. 216. 10 April 1S49. P. L. 620. To the Honorable, the Judges of the Orphans' Court of the City and County of Philadelphia : The petition of Sarah Robb, Respectfully represents, That John Robb, late of said city, died about the first day of March last, having made his last will and testament dated on the first day of January, one thousand eight hundred and fifty, and proved on the tenth day of the same month of March ; that he appointed Enoch Rex and George Boyd, Executors of the same, and devised to them in fee, all his real estate wherever DECEDENTS. 287 situate : In trust nevertheless to and for the following uses, intents and purposes, that is to say (set out the trust) ; that letters testamentary were granted to the said Enoch Rex and George Boyd, who took upon themselves the burden of the exe- cution of said will and of the aforesaid trust ; that the said Enoch Rex died in the month of May last, leaving George Boyd, the other Executor, continuing in said trust : The peti- tioner showing that she is the same Sarah Robb named in said trust and interested therein, prays the Court, with the consent of the said George Boyd and with notice to such of the other parties as the Court may deem material, to appoint a trustee in the place of the said Enoch Rex, according to the Act of As- sembly in such case made and provided. And she will, &c. Sarah Robb. (Affidavit of truth of petition to be appended.) 206. Petition for Citation to Widow to Elect, (|'C. p. 362, pi. 6. 29 March 1832, P. L. 200. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Charles Gregg, Respectfully represents. That John Gregg of the Township of Penn in said county, died on the first day of February, a. d. one thousand eight hundred and fifty-nine, having made his last will and testament dated the first day of January in the same year : That by the said will he bequeathed and devised to his widow Sarah Gregg, as follows, viz. (set out the bequests and devises) : which devises and bequests, if accepted by the said Sarah Gregg, will by operation of law, bar her dower in the estate of said testator, and by the said will he bequeathed and devised all the residue of his estate to James Robb and your petitioner, to be equally divided between them : That more than twelve months have elapsed since the death of the said John Gregg, and the said Sarah Gregg has not elected between her dower and the pro- 288 DECEDENTS. perty Revised and bequeathed to her as aforesaid : The peti- tioner therefore showing that he is interested in the estate of said decedent, prays the Court to issue a citation to the said Sarah Gregg, widow aforesaid, to appear in said Court at a certain time, not less than one month after the issuing of said citation, to make her election either to accept said devise and bequest in lieu of dower or waive said devise and bequest and take her dower. And he will, &c. Charles Gregg. (AflBdavit of truth of petition to be appended.) 207. Election of Widow. p. 362, pi. 6. 29 March 1832, P. L. 200. In the Estate of John Gregg, deceased : And now, April 1, 1860, Sarah Gregg, widow of the said John Gregg, deceased, having appeared in Court in obedience to the citation heretofore issued to her in this behalf, elected to accept the devise and bequest to her under the will of said decedent as set out in said citation (or " elected to waive the devise and bequest under the will of said decedent and take her dower," as the case may be), M'hereupon it is ordered by the Court that a record be made of said election. 208. Order on Widow not appearing. p. 362, pi. 6. 29 March 1832, P. L. 200. In the Estate of John Gregg, deceased : And now, April 1, 1860, Due proof having been made of the service of the citation heretofore issued to Sarah Gregg, widow of the above-named John Gregg, deceased, to appear this day and elect to accept the devise and bequest to her under the will of said deceased, or to waive said devise and bequest and take her dower, and the said Sarah Gregg having neglected and refused to appear upon such citation, it is ordered and decreed that such DECEDENTS. 289 neglect and refusal be deemed an acceptance of said devise and bequest, and a bar of the dower of the said Sarah Gregg in the estate of said decedent, and it is further ordered that a record thereof be made. 209. Election of Widow to accept or refuse under Will. p. 362, pi. 6. 29 March 1832, P. L. 200. P. 1017, pi. 12, 13. 8 April 1S53, P. L. 249. 11 April 1848, P. L. 537. P. 1554, pi. 1. 20 April 1869, P. L. 77. In the Matter of the Estate ") t .i r^ ^ . /-. . <. _ „ - „ , I In the Orphans Court of OF John Gkegg, late of the > ^, , >, m 1 • p -n J J Chester County, lownship 01 renn, deceased. J I, Sarah Gregg, widow of the said John Gregg, deceased, do hereby elect to accept the devise and bequest to me made under the will of said decedent in lieu of dower (or, do hereby waive the devise and bequest to me made under the will of said deceased and elect to take my dower and share of the personal estate of said deceased under the intestate laws of this Commonwealth). Witness my hand the first day of January, A. D. 1870. Sarah Gregg. 210. Petition of Surviving Wife for Order to pay her, her Husband's Estate where there are no Heirs. p. 564, pi. 28, 29. 8 April 1833, P. L. 318. 6 April 1833, P. L. 207. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Sarah Jones of said county, Respectfully represents, That Seth Jones, late of the Township of Penn in said county, died intestate on or about the first day of March, A. D. one thousand eight hundred and fifty-eight, leaving your petitioner, his wife, to survive him, but leaving no heirs or other known kindred ; that the said Seth Jones died seised in fee of the fol- 19 290 DECEDENTS. lowing real estate, viz. : (describe it), and also of personal estate amounting, after the payment of all the expenses and debts of said intestate, to the sum of one thousand dollars, as will ap- pear by the final settlement of the administration accounts of said intestate, by Enoch Rex, Administrator of his estate, which accounts were confirmed by this Court on the tenth day of March last : that said real and personal estate of said intestate, by virtue of the Acts of Assembly in such case made and pro- vided, vested in the petitioner as his surviving wife as aforesaid : The petitioner therefore prays the Court to grant a rule upon all the heirs and other persons interested or claiming any in- terest in said estate, to appear in said Court at some time cer- tain, and show cause why a decree should not be made ordering and directing the said Enoch Rex, Administrator aforesaid, to pay to the petitioner the balance of the said intestate's estate in his hands. And she will, &c. Sarah Jones. (Affidavit of truth of petition to be appended.) 211. Petition for Guardian for 3Iinor at a distance, ^c. p. 323, pi. 3. 25 August 1S64, P. L. 1029. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Samuel Gregg, Respectfully represents, That the petitioner is a minor child, above the age of fourteen years, of John Gregg, late of the Township of Penn in said county, deceased, and is entitled to a legacy under the will of his said father (or as the case may be) ; that he resides in the city of Detroit and State of Michigan, so distant from the borough of West Chester, the seat of justice of said county, as to make it unnecessarily expensive for him to appear (or as the case may be) ; that the petitioner has no guardian : He there- fore prays the Court to appoint a guardian for his personal DECEDENTS. 291 estate without requiring him to appear in Court and make choice. And he will, &c. February 1, 1860. Samuel Gregg. (AflSdavit of truth of petition to be appended.) 212. Petition to pay Legacy^ ^c, to Guardian of Minor resid- ing out of the State. p. 1653, pi. 5. 25 May 1871, P. L. 279. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Executor, &c. (or as the case may be) of John Gregg, late of the Township of Penn in said county, deceased. Respectfully represents, That the said John Gregg died about the first day of January, A. D. one thousand eight hundred and fifty-nine, having made his will, which was duly proved on the tenth day of the same month ; that by his will he bequeathed amongst other things a legacy of one thousand dollars to his son Samuel Gregg, and of the same will appointed the petitioner the Executor, who has taken upon himself the burden of the execution thereof; that the said legacy is in the possession of the petitioner as Executor afore- said, and more than a year having elapsed since the death of the said John Gregg (or as the case may be), the petitioner desires to pay the same to the said Samuel Gregg : The peti- tioner further represents, that the said Samuel Gregg is a minor and resides out of this State, in the city of Detroit and State of Michigan ; and that George Rex is the guardian, &c., of said minor, appointed in the State of Michigan aforesaid : The petitioner therefore showing to the Court, by the certificate of the probate judge (or such officer as has jurisdiction of the foreign guardian's accounts), that the said guardian has given security by bond, with sufficient sureties, in the sum of two thousand dollars (or as the case may be), for the faithful appro- priation of the said legacy, prays that this Court will make an 292 DECEDENTS," order authorizing tlie petitioner to pay over the said legacy (or as the case may be) to the said George Rex, Guardian, &c., of the said Samuel Greo-s- And he will, &c. James Gregg, Executor, &c. (Affidavit of truth of petition to be appended.) (The petition should be accompanied with a certificate, accord- ing to the Act of Congress, of the appointment of the foreign guardian, and of his having entered security, &c.) 213. Petition to define Curtilage, ^c, to House demised, ^-c. p. 1522, pi. 1, 2, 3. 14 April 1368, P. L. 97. To The Honorable, the Judges of the Orphans' Court of Chester County : The petition of Sarah Gregg, widow of John Gregg, late of the Township of Penn in said county, deceased, Respectfully represents, That the said John Greo^o; died in the month of March, a. d. one thousand eight hundred and sixty, having made his last will dated on the first day of January and proved the first day of April in the year aforesaid : — that by said will he devised amongst other things as follows, viz. : I give and devise to my wife Sarah Gregg, during the term of her life, the dwelling- house in which we now live, together with one half the garden (set- ting out the devise verbatim, or if the title is otherwise derived as the case may be), that the boundaries of the curtilage and lot appertenant to said dwelling-house, and necessary for the use and enjoyment of the same, are not defined by said will (or as the case may be). The petitioner therefore prays the Court to appoint commissioners to designate the boundaries of the curtilage and lot appertenant to said dwelling-house (or as the case may be) and necessary for the convenient use of the same for the purpose for which it was intended. And she will, &:c. Sarah Gregg. (Affidavit of truth of petition to be appended.) DECEDENTS. 293 214. Report of Commissioners. To the Honorable, the Judges within named : The undersigned appointed by the annexed order, Commis- sioners for the purposes in said order mentioned, Respectfully report, That having given due notice of at least ten days (or as the case may be), to James Gregg, &c. (naming the persons), being all the parties interested, of the time at which they would ex- amine the said dwelling-house for the purposes in said order mentioned, they did on the eleventh day of April, a. d. one thousand eight hundred and sixty, examine said dwelling-house for said purposes and they hereby designate and describe by metes and bound with their courses and distances, with the limits and extent of ground necessary for the convenient use of the dwelling-house in said order mentioned, for the purpose for which it is designed ; and they herewith annex a draft of the same. Witness the hands of the said Commissioners the eleventh day of April, A. D. one thousand eight hundred and sixty. Seth Lea, Abel Jones, George Boyd, Commissioners. 215. Petition for Appraisement of Land ordered by Will to he Appraised. p. 1549, pi. 4, 5, 6, 7, 8. 17 April 1869, P.L. 72. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Samuel Gregg, Respectfully represents. That John Gregg, late of the Township of Penn in the said county, died in January, A. D. one thousand eight hundred and sixty, having made his will which was proved the first day of April in the same year ; that by said will he devised his farm situate, &c., to the petitioner in fee, at such sum as the same 294 DEEDS. should be appraised by " disinterested neighbors," and that said sum should be divided amongst all his children, including the petitioner, and to be paid in one year from the death of the testator (or, as the case may be, setting out the devise, &c.) : that the said testator did not indicate by whom such appraisement should be made, and has not designated the number of persons to make such appraisement (or as the case may be) ; the peti- tioner further represents, that besides the petitioner the children of the testator are Sarah Wills, intermarried with James Wills (naming all), all of whom reside in the said County of Chester (or, as the case may be). The petitioner therefore prays the Court to appoint three disinterested and judicious persons, citi- zens of said county, to make appraisement of said farm, and award an inquest directed to the Sheriff of the said county, for the purpose of having said appraisement made. And he will, &c. April 30, 1871. Samuel Gregg. (Affidavit of truth of petition.) DEEDS. 1. Petition for Order to Record Deed, ^c. P. 1297, pi. 1, 2, 3. 1 April 1863, P. L. 188. To the Honorable, the Judges of the Court of Common Pleas of Chester County: The petition of John Gregg, Respectfully represents, That he is the present owner of a messuage and tract of land situate in the Township of Penn, in said County of Chester, bounded by lands of Enoch Rex, Seth Lea, Abel Jones and others, and containing one acre more or less with the apperte- nances ; that previously to the first day of May, one thousand eight hundred and fifty, the said tract of land was formerly owned by James Wills, and at and before said time said tract of land was servient to a right of way in favor of one George DEEDS. 295 Jones, and that on the said day the said George Jones executed and delivered to said James Wills, a release, discharging the said tract of land from the right of way aforesaid ; that the pe- titioner is interested in said release, and the same has never been recorded, and is in the possession of said James Wills (or as the case may be, setting out as near as may be, the character of the deed and the other circumstances). The petitioner further represents, that six months' notice has been given to the said James Wills, to deliver to him (or record) the said release. He therefore prays the Court to grant a rule upon said James Wills, to show cause why the said release should not be delivered up to the petitioner (or recorded), and to decree and direct the said James Wills to deliver up to the petitioner (or record) the aforesaid release. And he will, &c. October 1, 1860. John Gregg. (Affidavit of truth of petition to be appended.) 2. Decree to Deliver up or Record a Deed, ^c. In the Matter of the Applica- ^ In the Court of Common TIONOF John Gregg, to deliver V Pleasof Chester County. up (or record) release. J Of October Term, 1860. And now, December 10, 1860, upon hearing of the rule here- tofore granted in said matter, the said James Wills not having shown to the satisfaction of the Court, why the release in said rule mentioned, should not be delivered up to the said John Gregg (or recorded), the Court decree and direct that the said James Wills deliver up the said release to the said John Gregg (or record the same) ; and that said James Wills pay the costs of this proceeding (or as the case may be). 296 DIVORCE. DIVORCE. 1. Libel for Desertion, ^c. Pp. 345, 346, 347, pi. 1, 3, 5, 6, 12. 13 March 1815, 6 Sin. L. 286. 26 AprU 1850, P. L. 591. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition and libel of Sarah Boyd, by her next friend Enoch Rex, Respectfully represents : That a marriage was con- tracted and celebrated between the libellant and George Boyd, on the first day of March, A. D. one thousand eight hundred and fifty, and although by the laws of God as well as by their mutual vows in this behalf, the said George Boyd and the libel- lant were bound to that constancy which belongs to the married state, yet so it is, that the said George Boyd, in violation of said laws and his vows aforesaid, has wilfully and maliciously deserted the libellant and absented himself from her habitation, without reasonable cause, for more than six months past (or as the case may be). (a) Wherefore the libellant showing that she is a citizen of this Commonwealth, and has resided therein for the time of one year previously to filing this her petition and libel, prays that a subpoena may issue from this Court to the said George Boyd, commanding him to appear at the next Court of Common Pleas of said County, to answer said petition and libel, and show cause why the libellant should not be divorced and separated from the nuptial ties and bonds of matrimony contracted as aforesaid with the said George Boyd. And she will, &c. Sarah Boyd, By her next friend, Enoch Rex. Chester county, ss. Sarah Boyd, the above-named libellant, being duly sworn, (fl) If the divorce is asked for barbarous treatment or offering: indignities, it may be advisable to particularize. See Hoffman v. Hoffman, 6 Cas. 417. DIVORCE. 207 Bays, that the facts contained in her foregoing petition and libel are true to the best of her knowledge and belief — that the said complaint is not made out of levity or collusion between her and the said George Boyd, and for the mere purpose of being freed and separated from each other, but in sincerity and truth for the causes mentioned in said petition and libel. Sworn and subscribed, December "j Sarah Boyd. 1, 1859, before V Henry Fleming, J. P. J 2. Subpoena. P. 347, pi. 12. 13 March 1815, 6 Sin. L. 237. Chester county, ss. po 1 -J The Commonwealth of Pennsylvania, to George Boyd ; Greeting : We command you, that all manner of business and excuses being set aside, you be and appear in your proper person before our Judges at West Chester, at our County Court of Common Pleas there to be held on the last Monday of December instant, to show cause, if any you have, why your wife Sarah Boyd should not be divorced from the bonds of matrimony which she hath contracted with you the said George Boyd, agreeably to the prayer of the petition and libel exhibited against you before our said Court ; and this you shall in no wise omit at your peril. ' Witness the Honorable Townsend Haines, Esq., President Judge of our said Court at West Chester, this first day of December, a. d. one thousand eight hundred and fifty-nine. Allowed. James Davis, Townsend Haines, Prothonotary. President Judge. 298 DIVORCE. 3. Return of Sheriff to Subpoena. P. 348, pi. 13. 13 March 1815, 6 Sm. L. 287. Chester county, ss. Jesse John, being affirmed in due form of law, declares and says, that after having made diligent search and inquiry for the within-named George Boyd, he was unable to find him in the said County of Chester. Affirmed and subscribed in "^ Jesse John, open Court, the 25th day of December, a. d. 1859. James Davis, Prothonotary. ^ Sheriff. 4. Alias Subpoena. P. 348, pi, 13. 13 March 1815, 6 Sm. L. 287. Chester county, ss. ro \-\ The Commonwealth of Pennsylvania to George Boyd ; Greeting : We command you as before we commanded you, that all manner of business and excuses being set aside, you be and ap- pear in your proper person, before our Judges at West Chester, at our County Court of Common Pleas, there to be held on the last Monday of February next, to show cause, if any you have, why your wife, Sarah Boyd, should not be divorced from the bonds of matrimony which she hath contracted with you, the said George Boyd, agreeably to the prayer of the petition or libel exhibited against you before our said Court ; and this you shall in no wise omit at your peril. Witness the Honorable Townsend Haines, Esquire, President of our said Court at West Chester, this fourteenth day of Jan- uary, one thousand eight hundred and sixty. James Davis, Prothonotary. Allowed. Townsend Haines, President Judire. DIVORCE. 299 5. Return of Sheriff to alias Subpoena. p. 348, pi. 13. 13 March 1815, 6 Sm. L. 287. Chester county, ss. Jesse John, being affirmed in due form of law, declares and says, that after having made diligent search and inquiry for George Boyd, the within-named defendant, he was unable to find him in said County of Chester. Affirmed and subscribed in " open Court, this 28th day of February, A. D. 1860. > James Davis, Prothonotary. Jesse John, Sheriff. 6. Proof of Puhlication. P. 348, pi. 13. 13 March 1815, 6 Sm. L. 287. Sarah Boyd, by her next friend, Enoch Rex, In the Court of Common Pleas of Ches- ter County. ^ Of December Term, 1859. No. 10. Divorce. George Boyd. Chester county, ss. Jesse John, Sheriff of said county, being affirmed in due form of law, declares and says, that he caused a notice of (of which the annexed printed slips are copies), to the within-named George Boyd, to be published once a week for four successive weeks in the "Village Record" and "American Republican," two newspapers published in said county, and that said notice appeared in the " American Republican" on the following days, to wit, March first, eighth and fifteenth and twenty-second, and in the " Village Record," on the following days, to wit, 300 DIVORCE. March second, ninth and sixteenth and twenty-third, a. d. 1860. Affirmed and subscribed in"^ open Court, this 25th daj of April, A. D. 1860. James Davis, Prothonotarj. Jesse John, Sheriff. T. Interrogatories. p. 3i7, pi. 12. 1?. March 1815, 6 Sm. L. 287. Sarah Boyd, Libellant, ") Sur Libel in Divorce. V. V Of December Term, 1859. George Boyd, Respondent. J No. 10. Interrogatories to be propounded to witnesses, called, sworn or affirmed, and examined on the part of the above-named libellant. 1. What is your name, age, residence and profession, or occupation ? 2. Do you know the parties, libellant and respondent, or either of them, if so, how long have you known them or either of them, and where have you known them or either of them ? 3. Were you present at the marriage of the libellant with the respondent, if so, when did such marriage take place, and when and by whom were they married, and who were present at said marriage : state what you know herein ? 4. State whether the libellant and respondent have lived and cohabited together as man and wife, if so, where, and how long? 5. Has the respondent wilfully and maliciously deserted and absented himself from the habitation of the libellant without reasonable cause, if so, when ? State also whether he continued in such desertion and absence up to this time. State all your knowledge herein fully, as if particularly interrogated thereto. 6. If you know of any other matter or thing of advantage to DIVORCE. 301 the libellant, state the same fully and at large, as if particularly interrogated thereto. (a) David Bond, April 30, 1860. Attorney for Libellant. And now, April 30, 1860, the above interrogatories filed, and on motion of David Bond, Esq., of counsel with the libellant, Job Mann, Esquire, is appointed Examiner. 8. Commission to Examiner. P. 347, pt. 12. 13 March 1815, 6 Sm. L. 287. Chester county, ss. The Commonwealth of Pennsylvania to Job Mann, •- ■-' Esq. ; Greeting : Know you, that we, in confidence of your integrity, have given unto you and by these presents do give unto you full power and authority in pursuance of a rule made in our County Court of Common Pleas for Chester County aforesaid, between Sarah Boyd, libellant and George Boyd, respondent, to call before you at a certain day and place by you for that purpose to be ap- pointed, all and every person and persons who may be named to you by the said parties or either of them, and then and there to examine them on their oaths or affirmations on certain inter- rogatories hereto annexed, touching the premises and to reduce their testimony to writing, and when you shall have so done you are to send the same to our said Court closed up and under your hand and seal plainly and distinctly set forth, together with this commission : Witness the Honorable Townsend Haines, Esquire, President of our said Court, at West Chester, this ninth day of May, A. D. 1860. James Davis, Prothonotary. Return Endorsed. To the Honorable, the Judges of the Court in the within order named : (a) Of course, the interrogatories will be framed to suit the particular case. 302 DIVORCE. The execution of the within Commission will appear by the depositions of Abel Lea, &c., &c. (insert names of witnesses), hereunto annexed. Respectfully submitted, Job Mann, Examiner. 9. Depositions. p. 347, pi. 12. 13 March 1815, 6 Sm. L. 287. Depositions of witnesses, produced, sworn or affirmed and examined on the interrogatories hereunto annexed, in the mat- ter of a certain libel in divorce, pending in the Court of Com- mon Pleas of Chester County, wherein Sarah Boyd is libellant and George Boyd is respondent, on the part of said libellant, taken before Job Mann, Examiner, appointed by said Court of Common Pleas, at his office in the borough of West Chester in said County, on the twelfth day of June, A. D. 1860. Abel Lea, a witness produced on the part of the libellant, being affirmed in due form of law, declares and says as follows : In answer to the first interrogatory the witness says, &c. (setting out answer.) In answer to the second interrogatory the witness says, &c. (And so through all the interrogatories.) Examination taken, reduced to writincr, read to witness and by him subscribed and affirmed to at the time and place above mentioned, before me. Job Mann, Examiner. Abel Lea. 10. Decree of Divorce. P. 34S, pi. 15. 13 March 1815, 6 Sm. L. 288. Sarah Boyd, by her next friend, "1 ^" ^^^ Court of Common Enoch Rex, ^'^^' °^ ^^^'*^' C^^^^^' V Of December Term, 1860. ""■ Ko. 10. George Boyd. I Di^^orce. DIVORCE. 303 And now, October 13, 1860 ; The Court having heard this cause and having fullj considered and proceeded to determine the same as to law and justice appertain, Do sentence and de- cree, that the said Sarah Boyd be divorced and separated from the nuptial ties and bonds of matrimony heretofore contracted between her, the said Sarah Boyd, the libellant, and the said George Boyd the respondent: — and that thereupon all and every the duties, rights and claims accruing to either the said Sarah Boyd or the said George Boyd, at any time hereto- fore in pursuance of said marriage, shall cease and determine, and the said Sarah Boyd and George Boyd shall severally be at liberty to marry again in like manner as if they had never been married, and further the Court do award to the said Sarah Boyd against the said George Boyd her costs in this behalf expended. 11. Libel for Adultery. Pp. 345, 346, 347, pi. 1, 3, 5, 6, 12. 13 March 1815, 6 Sm. L. 286. 26 April 1850, P. L. 291. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition and libel of Sarah Boyd by her next friend John Rex, Respectfully represents. That a marriage was contracted and celebrated between the libellant and George Boyd, on the first day of March, A. D. one thousand eight hundred and fifty, and although by the laws of God as well as by their mutual vows in this behalf, the said George Boyd and the libellant were bound to the constancy which belongs to the married state, yet so it is, that the said George Boyd, in violation of said laws and his vows aforesaid, has committed adultery with one Jane Doe, and other persons to your petitioner unknown : Wherefore the libellant, showing that she is a citizen of this Commonwealth, and has resided therein for one whole year previously to filing this, her pe- tition and libel, prays that a subpoena may issue from the 304 DIVORCE. said Court to the said George Boyd, commanding him to appear at the next Court of Common Pleas of said County, to answer said petition and libel, and show cause why the libellant should not be divorced and separated from the nuptial ties and bonds of matrimony contracted as aforesaid with the said George Boyd. And she will, &c. Sarah Boyd, By her next friend, December 1, 1859. John Rex. (Affidavit as in form No. 1.) 12. Libel where Marriage is hy Fraud, ^c. p. 346, pi. r, 1. 8 May 1854, p. L. 644, To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition and libel of Sarah Boyd by her next friend John Rex, Respectfully represents, That on the first day of March, a. d. one thousand eight hundred and fifty, an alleged marriage was celebrated between your petitioner and George Boyd, that said alleged marriage was procured by fraud (or force, as the case may be), on the part of the said George Boyd, in this, that (set out the special and particular acts constituting the fraud or force), (a) and that said alleged marriage has not been subsequently confirmed by the acts of the libellant : Wherefore the libellant showing that she is a citizen of this Commonwealth, and has resided therein for the term of one year previously to filing her petition and libel, prays that a subpoena may issue from the said Court to the said George Boyd, commanding him to appear at the next Court of Common Pleas of said County, to answer said petition and libel, and show cause why the libellant should not be divorced and separated from the nuptial ties and bonds of matrimony (a) See Hoffman v. Hoffman, 6 Cas. 417. DIVORCE. 305 alleged to have been contracted as aforesaid with the said George Bojd. And she will, &c. Sarah Boyd, By her next friend, December 1, 1859. John Rex. (Affidavit as in form No. 1.) 13. Libel on Husband's Conviction of Felony. p. 347, pi. 7, 11. 8 May 1854, P. L. 644. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition and libel of Sarah Boyd, by her next friend, John Rex, Respectfully represents, That a marriage was contracted and celebrated on the first day of March, A. D. one thousand eight hundred and fifty, be- tween the libellant and George Boyd, and that by virtue thereof the libellant and the said George Boyd have since lived and cohabited as man and wife : the libellant further represents, that the said George Boyd, on the first day of April last, was convicted in the Court of Oyer and Terminer, &c., of the said County of Chester, of having feloniously and burglariously broken and entered the dwelling-house of one John Gregg in the same county, and that the said George Boyd was thereupon sentenced by the said Court, to an imprisonment in the Eastern Penitentiary of Pennsylvania, for the term of three years : Wherefore, the libellant showing that she is a citizen of this Commonwealth, and has resided therein for one whole year pre- viously to filing this, her petition and libel, prays that a sub- poena may issue from the said Court to the said George Boyd, commanding him to appear at the next Court of Common Pleas of said county to answer said petition and libel, and show cause why the libellant should not be divorced and separated from the 20 306 DIVORCE. nuptial ties and bonds of matrimony contracted with the said George Boyd, as aforesaid. And she will, &c. Sarah Boyd, By her next friend, December 1, 1859. John Kex. » (AflSdavit as in form No. 1.) 14. Libel where the Marriage is void. P. 347, pi. 11. 14 April 1859, P. L. 647. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition and libel of Sarah Rex, by her next friend John Rex, Respectfully represents. That on the first day of March, A. d. one thousand eight hundred and sixty, a supposed marriage was contracted between the libellant and George Boyd, which supposed marriage is ab- solutely void, by reason of the said George Boyd having a wife, Jane Boyd, formerly Jane Doe, living at the time when said supposed marriage with the libellant was contracted (or as the reason may be). Wherefore, the libellant showing that she is a citizen of this Commonwealth, and has resided therein for one year previously to filing this, her petition and libel, prays that a subpoena may issue from said Court to the said George Boyd, commanding him to appear at the next Court of Com- mon Pleas of said county, to answer the said petition and libel, and show cause why this Court shall not decree the said sup- posed marriage to be null and void. And she will, &c. Sarah Rex, By her next friend, December 1, 1859. John Rex. (Affidavit as in form No. 1.) DIVORCE. 307 15. Petition on behalf of Wife when Lunatic. P. 348, pi. 14. 13 April 1843, P. L. 235. To the Honorable, the .Judges of the Court of Common Pleas of Chester County : The petition and libel of Sarah Boyd, by John Rex her brother and next friend, Respectfully represents. That a marriage was contracted and celebrated between the libellant and George Boyd, on or about the first day of March, A. D. one thousand eight hundred and fifty ; and, although by the laws of God as well as by their mutual vows in this behalf, the libellant and the said George were bound to that constancy ■which belongs to the married state, yet so it is, that the said George Boyd, in violation of said laws and his vows aforesaid, has wilfully and maliciously deserted her the said libellant and absented himself from her habitation, without reasonable cause, for more than six months past (or as the case may be) ; and this petition and libel further represents, that the said libellant is a lunatic or non compos mentis, being now and having been for the space of two years last past and upwards, so far deprived of her reason and understanding, as to be rendered altogether unfit and unable to govern herself or manage her affairs ; that this unsound state of mind is manifested by a loss of memory, &c., &c. (as the facts may be, setting them out — or if the party has been found lunatic, state the finding). Where- fore it being further shown to the Court that the libellant is a citizen of this Commonwealth, and has resided therein for one year previously to filing this petition and libel, she prays that a subpoena may issue from the said Court to the said George Boyd, commanding hira to appear at the next Court of Com- mon Pleas of said county, to answer the said petition and libel, and show cause why she, the said libellant, should not be divorced and separated from the nuptial ties and bonds 308 DIVORCE. of matrimony contracted with the said George Boyd, as afore- said. And she will, &c. Sarah Boyd, By her brother and next friend, December 1, 1859. John Rex. (Affidavit by John Rex, as in form No. 1.) 16. Petition of Wife for Support, ^c, pendente lite. Sarah Boyd, by her nexfl In the Court of Common Pleas of friend, John Rex, 1 Chester County. V. I No. 5, to May Term, a. d. 1859. George Boyd. j Subpoena in Divorce. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of the above-named libellant, Sarah Boyd, by her next friend the said John Rex, Respectfully represents. That upon her petition and libel setting forth that a marriage was contracted and celebrated between the libellant and the said George Boyd, on the first day of March, A. D. 1850 ; and that the said George Boyd had wilfully and maliciously deserted the libellant, and absented himself from her habitation without reasonable cause for and during the term of six months, a sub- poena was issued to the said George Rex to appear at the next August Term of said Court, to answer said petition and libel ; that the respondent has appeared in obedience to the said sub- poena, and confessed the fact of marriage with the libellant, as set forth, but otherwise contests said suit. The petitioner further represents, that she has no income competent to her support and the maintenance of said suit. She therefore prays the Court to allot to her the sum of three hundred dollars for her support during said suit and for her costs and expenses in main- DIVORCE. 309 taining the same, and direct the respondent to pay the said sum to her attorney or herself for the purposes aforesaid.(a) And she will, &c., Sarah Boyd, By her next friend, June 10, 1860. John Rex. (Affidavit by Sarah Boyd of truth of petition to be appended.) In the Court of Common Pleas of Chester County. ' No. 5. To May Term, 1859. Divorce. 17. Rule on Husband on application of Wife for Support, ^c., pendente lite. Sarah Boyd, by" her next friend, John Rex, V. George Boyd. And now, June 10, 1860 ; The petition of Sarah Boyd, the above-named libellant, was read, and same day, on motion of David Bond of counsel with said libellant, the Court grant a rule upon George Boyd the respondent, to show cause why he should not pay to the said libellant or her attorney, the sum of three hundred dollars for her support during the pendency of this suit, and for her costs and expenses in maintaining the same. Returnable July 10, 1860. 18. Order on Husband for Support, ^c.,of Wife, pendente lite. Sarah Boyd, by"" her next friend, John Rex, In the Court of Common Pleas of Chester County. No. 5. To May Term, 1859. Divorce. V. George Boyd. And now, July 10, 1860, On hearing the parties on the rule (a) Shelford on Marriage and Divorce 5.33, 586 ; Poynter on Marriage and Divorce 259, 260 ; 3 Burn's Eccles. Law 508 a. 310 DIVORCE, to show cause, &c., heretofore granted in this case, and on full consideration thereof, the Court order George Boyd, the respondent, to pay to Sarah Boyd, the libellant, or to David Bond, Esquire, her attorney, the sum of three hundred dollars for her support during the pendency of the above suit and for her costs and expenses in maintaining the same. 19. .Appeal to Supreme Court, Affidavit and Recognisance. p. 348, pi. 17. 13 March 1813, 6 Sm. L. 288. P. 410, pi. 8. 11 March 1809, 5 Sm, L. 17. Sarah Boyd, by her next^ friend, John Bex, libellant, V. George Boyd, respondent. In the Court of Common Pleas of Chester County. No. 5. To May Term, 1860. Subpoena in Divorce. November 1, 1860. George Boyd, respondent above named, appeals to the Supreme Court of the Eastern District of Penn- sylvania, from the final sentence and decree in the above suit. George Boyd. Chester county, ss. George Boyd, the respondent above named, being sworn in due form of law, says, that the appeal in the above case is not intended for delay. Sworn and subscribed. No- ^ George Boyd. vember 1, 1860, before > Henry Fleming, J. P. J George Boyd, the above respondent, and John Gregg, each acknowledge themselves to be indebted to the said John Kex, for the use of the above-named libellant, in the sum of five hundred dollars, to be levied of their respective goods and chattels, lands and tenements, and to be void upon condition that the aforesaid George Boyd shall prosecute the said appeal with effect. Taken and acknowledged, Novem-^ George Boyd, ber 1, 1860, before the under- John Gregg. signed, one of the Judges of said Court. Robert Parke. DIVORCE. 811 20. Petition, a mensd et tlioro. p. 349, pi. 24. 26 February 1817, 6 Sm. L. 405. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition and libel of Sarah Boyd, by her next friend John Rex, Respectfully represents. That on the first day of March, A. d. one thousand eight hundred and fifty, a marriage was contracted and celebrated between the libellant and George Boyd, and although by the laws of God as well as by their mutual vows in this behalf, they were bound to the constancy which belongs to the married state, yet so it is, that the said George Boyd in violation of said laws and his vows aforesaid, has oifered such indignities (a) to the person of the libellant, as to render her condition intolera- ble, and her life burdensome, and has thereby forced her to withdraw from his house and family (or as the case may be). Wherefore the libellant showing that she is a citizen of this Commonwealth and has resided therein for the term of one year previously to filing this her petition and libel, prays that a subpoena may issue from the said Court to the said George Boyd, commanding him to appear at the next Court of Common Pleas of said county, to answer said petition and libel, and show cause why the Court should not grant to the libellant a divorce from bed and board ; and that the Court would allow to her such alimony as the circumstances of the said George Boyd will admit of. And she will, &c., Sarah Boyd, by her next friend, April 10, 1859. John Rex. (Affidavit as in other petitions for divorce. )(6) (a) See Hoffman v. Hoffman, 6 Cas. 417. (6) That part of the affidavit negativing collusion, would seem to be entirely incongruous and inapplicable, but the practice in some Courts is to rec^uire it. In the Court of Common Pleas of Chester County. Of May Term, 1859. No. 5. Divorce. 812 DIVORCE. 21. Decree of Divorce, a mensd et tlioro. p. 349, pi. 24. 26 February 1817, 6 Sm. L. 405. Sarah Boyd, by^ her next friend, John Rex, V. George Boyd. And now, October 1, 1859, The Court having heard this cause and having fully considered and proceeded to determine the same as to law and justice appertain, do grant unto the said Sarah Boyd, the libellant, a divorce from the bed and board of the said George Boyd, the respondent ; and having fully con- sidered the circumstances of the said George Boyd, the Court allow to the said Sarah Boyd, the annual sum of one hundred dollars, her alimony to be paid by the said George Boyd in half yearly payments of fifty dollars each, on the first days of April and October in every year, to continue until a reconciliation shall take place between the said Sarah Boyd and the said George Boyd, or until the said George Boyd shall, by his petition or libel, oifer to receive and cohabit with the said Sarah Boyd again and use her as a good husband ought to do and the Court shall thereupon suspend or discharge and annul said decree. 22. Petition to receive Wife. P. 349, pi. 24. 26 February 1817, 6 Sm. L. 405. Sarah Boyd, by her next ^ In the Court of Common Pleas friend, John Bex, libellant, I of Chester County. V. j Of May Term, 1859. George Boyd, respondent. J No. 5. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition or libel of George Boyd, the above-named respon- dent, Respectfully represents. That on the first day of October, DIVORCE. 313 A. D. one thousand eight hundred and fifty-nine, upon the libel and complaint of Sarah Boyd^ the above-named libellant, this Court made a decree in the above-stated suit, granting to the said libellant a divorce from the bed and board of the petitioner and allowing her the annual sum of one hundred dollars, to be paid by the petitioner for her alimony : The petitioner now hereby offers to receive the said Sarah Boyd, cohabit with her again and to use her as a good husband ought to do : he there- fore prays the Court that the aforesaid sentence and decree may be suspended, or in case of the refusal of the said Sarah Boyd to return and cohabit under the protection of the Court, that the Court will discharge and annul the said sentence and decree. And he will, &c. November 1, 1859. George Boyd. (Affidavit of truth of petition to be appended.) 23. Order for Citation on Petition to suspend Decree, d mensd et thoro. P. 349, pi. 24. 26 February 1817, 6 Sm. L. 405. Sarah Boyd, by her next -, In the Court of Common Pleas friend, John Rex, ( of Chester County. V. I Of May Term, 1859. No. 5. George Boyd. -^ Divorce. And now, November 1, 1859 ; The petition of George Boyd, respondent, was read, and on same day, on motion of Job Mann, Esquire, of counsel with said George Boyd ; the Court direct a citation to issue to Sarah Boyd, the libellant, to appear in this Court on the tenth day of December next and answer said petition, and show cause if any she have, why the decree made in this case on the first day of October last, divorcing her from the bed and board of the said George Boyd, should not be sus- pended, or in case of her refusal to return and cohabit with him under the protection of the Court, why the Court should not annul and discharf^e said decree. 314 DIVORCE. 24. Order Annulling Decree, a mensd et tJioro. p. 349, pi. 24. 26 February 1817, 6 Sm. L. 405. Sarah Boyd, by her next >^ In the Court of Common Pleas friend, John Rex, I of Chester County. V. •J Of May Term, 1859. No. 5. George Boyd. ^ Divorce. And now, December 10, 1859 ; The said Sarah Boyd having appeared in obedience to the citation issued in this case, and the Court having heard the parties and fully considered the offer of George Boyd, the respondent, by his petition or libel, to receive and cohabit again with the libellant, and use her as a good husband ought to do, and the said Sarah Boyd refusing to return and cohabit with the said George Boyd under the protection of the Court: the Court do annul and discharge the sentence and decree of the first day of October last divorc- ing the said Sarah Boyd from the bed and board of the said George Boyd and allowing her the alimony in said sentence and decree specified. 25. Order Suspending Decree, a mensd et thoro. p. 349, pi. 24. 26 February 1817, 6 Sm. L. 405. Sarah Boyd, by her next >. In the Court of Common Pleas friend, JoHX Rex, ( of Chester County, V. ( Of May Term, 1859. No. 5. George Boyd. Divorce. And now, December 10, 1859 ; The said Sarah Boyd having appeared in obedience to the citation issued in this case, and the Court having heard the parties and fully considered the offer of George Boyd the respondent, by his petition and libel, to receive and cohabit again with the said Sarah Boyd the libellant and use her as a good husband ought to do, and the said Sarah Boyd not refusing to return and cohabit with the said George Boyd under the protection of the Court, the Court do DIVORCE. 315 suspend the decree of the first day of October last, divorcing the said Sarah Boyd from the bed and board of the said George Boyd and allowing her the alimony in said decree specified. 26. Petition to Revive Decree d mensd et thoro. p. 349, pi. 24. 26 February 1817, 6 Sm. L. 405. Sarah Boyd, by her next friend, John Rex, In the Court of Common Pleas of Chester County. 'Of May Term, 1859. No. 5. Divorce. V. George Boyd. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Sarah Boyd, above named, by her next friend, John Rex, Respectfully represents, That such proceedings were had in this Court in the above case, that, on the first day of October, in the year of our Lord one thousand eight hundred and fifty-nine, the Court granted to the petitioner a divorce from the bed and board of her hus- band, the above-named George Boyd, and allowed her the annual sum of one hundred dollars alimony ; — that the said George Boyd having by his petition or libel offered to receive and cohabit again with the petitioner and use her as a good husband ought to do, and the petitioner not refusing to return and cohabit with the said George Boyd, under the protection of the Court, the Court did, on the tenth day of December last, suspend the said decree of October, 1859. The petitioner further represents, that in pursuance of the said ofi'er of the said George Boyd, she did in good faith, return and cohabit with the said George Boyd ; but that the said George Boyd has for the space of three months and upwards last past, and since her return and cohabitation as aforesaid, failed in performing his said offers and engagements, and has not used her as a good husband ought to do, but has offered such indignities to her person as to render her condition intolerable and her life burden- some, and thereby forced her again to withdraw from his house and family (or as the case may be). The petitioner therefore prays the Court, that the former sentence of the first day of 316 DIVORCE. October, A. D. one thousand eight hundred and fifty-nine, may be revived and enforced, and the arrears of her alimony ordered to be paid. And she will, &c., Sarah Boyd, By her next friend, August 1, 1860. John Rex. (Affidavit of truth of petition to be appended.) 27. Order for a Citation to Revive Decree. p. 349, pi. 24. 26 February 1S17, 6 Stn. L. 405. Sarah Boyd, by her next friend," John Rex, In the Court of Common Pleas of Chester County. 'Of May Term, 1859. No. 5. Divorce. V. George Boyd. And now, August 1, 1860, the petition of Sarah Boyd was read, and same day, on motion of David Bond, Esquire, of counsel with the said Sarah Boyd, the Court direct a citation to issue to George Boyd the respondent, to appear in this Court on the first day of September next and answer the said petition, and show cause, if any he have, why the sentence and decree of October 1, 1859, in this case, should not be revived and enforced, and the arrears of the alimony of the said Sarah Boyd ordered to be paid. 28. Order Reviving Decree, ^-c. p. .349, pi. 24. 26 February 1S17, 6 Sm. L. 405. Sarah Boyd, by her next friend,^. In the Court of Common John Rex, ' Tleas of Chester County. V. I Of May Term, 1859. No. 5. George Boyd. J Divorce. And now, September 1, 1860, the said George Boyd having DIVORCE. 317 appeared in obedience to the citation issued in this case, and the Court Raving heard the parties and the proofs in the case, and fully considered the same, and it appearing that the allega- tions in the petition of the said Sarah Boyd are true, and that the said George Boyd has failed in his offers and engagements to receive and cohabit with the said Sarah Boyd again, and to use her as a good husband ought to do, it is ordered and decreed that the sentence and decree of the first day of October, A. D. one thousand eight hundred and fifty-nine, granting to the said Sarah Boyd a divorce from the bed and board of the said George Boyd, and allowing her alimony as is in said decree specified, be revived and enforced ; and it is further ordered that •the sum of fifty dollars, the arrears of the said alimony, be paid to her. 29. Affidavit and Precipe for Execution for unpaid Alimony. p. 350, pi. 25. 15 April 18i5, P. L. 455. Sarah Boyd, by her next n In the Court of Common Pleas friend, John Rex, ( of Chester County. V. r Of May Term, 1859. No. 5. George Boyd. ^ Divorce. Chester county, ss. Sarah Boyd, the above-named libellant, being duly sworn, says, that the sum of fifty dollars, a payment of alimony under the decree in the above case, made due and payable by the Court on the first day of April, instant, is due and unpaid. Sworn and subscribed, April 15, \ Sarah Boyd. 1860, before > John Graves, J. P. j Issue Fieri Facias against the respondent, George Boyd, for fifty dollars, the above-stated sum of unpaid alimony. Interest from April 1, 1860. Yours, &c. David Bond, for Libellant. To James Davis, Prothonotary. April 15, 18G0. 318 DIVORCE. 30. Petition of Wife for Security for Alimony. p. 350, pi. 25. 15 April 1845, P. L. 455. Saeah Boyd, by her next friend, ^ In the Court of Common John Rex, Libellant, ( Pleas of Chester County. ^ V. j Of May Term, 1859. George Boyd, Respondent. No. 5. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Sarah Boyd, the above-named libellant, by her next friend, John Rex, Respectfully represents. That upon the first day of October, a. d. one thousand eight hundred and sixty, this Court made a decree in the above-stated suit, granting to your petitioner a divorce from the bed and board of the said respondent, and allowing to the petitioner the annual sum of one hundred dollars, to be paid by the respondent for her alimony, and also ordering the respondent to pay all the costs in said suit, amounting to the sum of one hundred dollars ; that by virtue of the Act of Assembly in such case made and provided, the said decree was entered in the Judgment Docket of this Court, and thereupon became a lien upon the real estate of the respondent. The petitioner further represents, that all the real estate owned, by the respondent consists of a house and lot of land, in the Township of Penn in said county, bounded by lands of John Rex, John Gregg and others, containing two acres more or less, with the appertenances, which the petitioner verily believes is not worth more than one thousand dollars, and is therefore not suflBcient for the full and permanent secu- rity for payment of said decree ; and that the respondent is possessed of other sufficient estate. The petitioner therefore prays that she may be permitted to make proof to the satisfac- tion of the Court of the statements in this petition, and that the Court will thereupon order and require the respondent to give such security as shall be determined and approved by the Court, DIVORCE. 319 for the due payment of the said alimony according to the terms of the decree in the above-stated suit.* And she will, &c. Sarah Boyd, By her next friend, May 1, 1860. John Rex. (Affidavit by Sarah Boyd of truth of petition.) 31. Rule on Petition for Security for Alimony. p. 350, pi. 25. 15 April 1845, P. L. 455. ^ In the Court of Common Pleas of Chester County. ' Of May Term, 1859. No. 5. Divorce. Sarah Boyd, by her next friend, John Rex, V. George Boyd. And now, May 1, 1860 ; The petition of Sarah Boyd, the libellant, was read, and same day on motion of David Bond, Es- quire, of counsel with said Sarah Boyd, a rule is granted on George Boyd respondent, to show cause why the Court should not order and require that security, such as shall be determined and appi'oved by the Court, shall be given for the due payment of the alimony allowed to the said Sarah Boyd, according to the terms of the decree of the Court, of the first day of Octo- ber, A. D. 1859. Returnable June 10, 1860. 32. Order for Security for Alimony. p. 350, pi. 25. 15 April 1845, P. L. 455. Sarah Boyd, by her next"] In the Court of Common Pleas friend, John Rex, of Chester County. y^ \ Of May Term, 1859. No. 5. George Boyd. Divorce. J And now, June 10, 1860, on hearing the parties on the rule to show cause, &c., heretofore granted in this case, and the Court being of opinion that the lien on the real estate of George 320 DIVORCE. Boyd, the respondent, is not sufficient for the full and perma- nent security, for the payment of the decree of October 1, 1859, allowing alimony to the said Sarah Boyd ; and satisfactory proof having been made that the said George Boyd is pos- sessed of sufficient estate, the Court do order a decree, and require that the said George Boyd enter into bond to the Commonwealth to the use of the said Sarah Boyd, in the sum of two thousand dollars, with such sureties as shall be approved by the Court (or as the order may be), conditioned for the due payment to the said Sarah Boyd of the annual sum of one hundred dollars, in half-yearly payments of fifty dollars each, on the first days of April and October in every year, until a reconciliation shall take place between the said Sarah Boyd and the said George Boyd, or until the said George Boyd shall by his petition or libel offer to receive and cohabit again with the said Sarah Boyd and use her as a good husband ought to do and the Court shall thereupon suspend or discharge and an- nul said decree. friend, John Rex, V. George Boyd. 33. Bond for Alimony. p. 350, pi. 25. 15 April 1845, P. L. 455. Sarah Boyd, by her next ^ I" the Court of Common Pleaa of Chester County. ^ Of May Term, 1859. No. 5. Divorce. Know all men by these presents, that we, George Boyd, the above-named respondent, Seth Jones and Abel Lea, all of the County of Chester, are held and firmly bound unto the Com- monwealth of Pennsylvania, in the sum of two thousand dol- lars, lawful money of the United States, to be paid to the Com- monwealth, her certain attorney and assigns, to the use of the said Sarah Boyd, to which payment well and truly to be made, we bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents ; Sealed with our seals, DOMESTIC ATTACHMENT. 321 dated the tenth day of June, in the year of our Lord one thou- sand eight hundred and sixty. Whereas the said Court of Common Pleas did, by decree of the first day of October, in the year of our Lord one thousand eight hundred and fifty-nine, grant unto the said Sarah Boyd, a divorce from the bed and board of the said George Boyd, and allowed to the said Sarah Boyd the annual sum of one hundred dollars, her alimony, to be paid by the said George Boyd, in half-yearly payments, of fifty dollars each, on the first days of April and October in every year, to continue until a reconciliation shall take place between the said Sarah Boyd and the said George Boyd, or until the said George Boyd shall by his petition or libel, ofier to receive and cohabit with the said Sarah Boyd again, and use her as a good husband ought to do and the Court shall thereupon suspend, or discharge, or annul said decree : Now the condition of this obligation is such, that if the above bounden George Boyd, shall duly pay the said alimony to the said Sarah Boyd according to the terms of said decree, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the presence of James Davis, David Bond. George Boyd, [l. s.] Seth Jones, [l. s.] Abel Lea. [l. s.] DOMESTIC ATTACHMENT. 1. Precipe and Affidavit in ease of Inhabitant. Pp. 353, 354, pi. 1, 2. 13 June 1836, P. L. 608. I In the Court of Common Pleas of Chester T r^ ( County. John Gregg. J -^ Issue writ of Domestic Attachment to attach all and singu- 21 322 ' DOMESTIC ATTACHMENT. lar the goods and chattels, lands and tenements, of the said John Gregg, in the hands of Enoch Rex, Garnishee, or in whose hands soever the same may be, for the benefit of the said James Wills, and the other creditors of the said John Gregg. Yours, &c., William Marshall, Plaintiff's Attorney. To James Davis, June 1, 1860. Prothonotary. Chester County, ss. James Wills, above named, being duly sworn, says, that the said John Grenjo; is indebted to him in the sum of four hundred dollars, for goods sold and delivered to him at his request (or as the case may be) ; that the said John Gregg is an inhabitant of this Commonwealth, and has absconded from his usual abode within the same (or as the case may be), with design to defraud his creditors, as the deponent verily believes. Sworn and subscribed, June 1, "| James Wills. 1860, before V James Davis, Prothonotary. J 2. Affidavit in a case of one not an Inhabitant. Pp. 353, 354, pi. 1, 2. 13 June 1S36, P. L. 608. Chester county, ss. James Wills, above named, being duly sworn, says, that the said John Gregg is indebted to him in the sum of four hundred dollars, for goods sold and delivered at his request (or as the case may be) ; that the said John Gregg has not become an in- habitant of this Commonwealth, and has confined himself (or " concealed himself elsewhere," as the case may be), within the county to avoid the service of process and defraud his creditors, as the deponent verily believes. Sworn and subscribed, June 1, ^ James Wills. A. D. 1860, before V James Davis, Prothonotary. J DOMESTIC ATTACHMENT. 323 3. Suggestion and Affidavit of another Creditor. P. 354, pi. 6. 13 June 1836, P. L. 609. _. _„ - In the Court of Common Pleas of Chester James Wills ) ^ f County. ^' \ Of January Term, 1860. No. 10. John Gregg. I ^ ^. r^^ , -^ Domestic Attachment. Thomas Robb, a creditor of the above-named John Gregg, suggests his name on the Record in the above case to prosecute said writ. George Boyd, To James Davis, Esquire, Attorney for Thomas Robb. Prothonotary. February 1, 1860. Chester county, ss. Thomas Robb, above named, being duly sworn, says, that the said John Gregg is indebted to him in the sum of two hundred dollars, for goods sold and delivered at his request (or as the case may be), as he verily believes. Sworn and subscribed, February 1, 'j Thomas Robb. A. D. 1860, before V James Davis, Prothonotary. J 4. Petition for Sale of Perishable Goods. p. 354, pi. 7. 13 June 1836, P. L. 609. James Wills 1 V. In the Court of Common Pleas of Chester County, r Of January Term, 1860. No. 10. Domestic Attachment. To the Honorable, the Judges of the Court of Common Pleas of said County of Chester : The petition of Thomas Robb, Respectfully represents. That he is a creditor of the above-named John Greyer, and that by virtue of the writ issued in the above case, the Sheriflf 324 DOMESTIC ATTACHMENT. of Chester County did, on the tenth day of January instant, attach in the hands of Enoch Rex, one hundred bushels of apples, of the goods and chattels of said John Gregg, which said apples are liable to perish before the time arrives when the trustees appointed under the above writ are authorized to sell the same : The petitioner therefore prays the court to order the Sheriff of said county to sell said apples, and receive and pay over the money arising from such sale, according to law. And he will, &c. Thomas Robb. (Affidavit of truth of petition to be appended.) 5. Petition to Dissolve Attachment. p. 355, pi. 12. 13 June 1S36, P. L. 615. .. In the Court of Common Pleas of Chester James Uills | ^ f County. ^- ( Of January Term, 1860. No. 10. John Gregg, j -p, ,■ \^. \ . Domestic Attachment. To the Honorable, the Judges of the Court of Common Pleas above named : The petition of John Gregg, the above-named defendant, Respectfully represents. That he is an inhabitant of the Commonwealth of Pennsyl- vania, but that the other allegations on which the above-stated attachment is founded are untrue ; that the petitioner is not indebted to the plaintiff in the sum of four hundred dollars for goods sold and delivered, or in any other sum, or for any other cause whatsoever ; and that he has not absconded from his usual abode in said Commonwealth with design to defraud his creditors, as in the plaintiff's affidavit filed in said case is alleged. The petitioner further showing, that no final decree of distribution has been made in said case, prays the Court to grant a rule upon the said James Wills to show cause why the said attachment should not be dissolved, and DOMESTIC ATTACHMENT. 325 also that the Court will make an order staying all further pro- ceedings by the trustees under said attachment. And he will, &c. John Gkegg. (Affidavit of truth of petition to be appended.) 6. Appeal to Supreme Court. p. 355, pi. 16. 13 June 1836, P. L. 615. In the Court of Common Pleas of Chester County. T in' r Of January Term, 1860. No. 10. John Gregg. | ^ . i ' Domestic Attachment. James Wills V June 1, 1860, John Gregg, the above-named defendant, ap- peals to the Supreme Court for the Eastern District of Penn- sylvania, from the definitive decree of the Court of Common Pleas in the above case. John Gregg. Chester county, ss. John Gregg, above named, being duly sworn, says that the above appeal is not intended for delay. Sworn and subscribed, June 1, ^ John Gregg. 1860, before V James Davis, Prothonotary. j Chester county, ss. We, John Gregg, the above-named appellant, Enoch Rex and John Robb, all of the County of Chester, acknowledge ourselves to be indebted to James Wills, the above-named plaintiff, in the sum of one thousand dollars (the sum directed by the Court of Common Pleas aforesaid), to be levied of our goods and chattels, lands and tenements respectively, and to be void upon 326 DOMESTIC ATTACHMENT. condition that tlie said John Gregg shall prosecute his appea aforesaid "with eifect. Taken and acknowledged June 1, >^ John Gregg, A. D. 1860, before f Enoch Rex, Townsend Haines, [ John Robb. President of said Court. ^ James Wills V. John Gregg. 7. Affidavit of Trustees. P. 355, pL 17. 13 June 1836, P. L. 610. . In the Court of Common Pleas of Chester I County. j Of January Term, 1860. No. 10. ^ Domestic Attachment. Chester county, ss. George Boyd, Job Rees and Seth Jones, appointed trustees of the estate of the defendant under the above Domestic At- tachment, being severally duly sworn, say, that they will well and truly execute the trust reposed in them, to the best of their skill and understanding. Sworn and subscribed before me, ^ George Boyd, a Justice of the Peace of said I Job Rees, county, January 10, 1860. | Seth Jones. H. Fleming, J. P. ^ James Wills V. John Gregg. 8. Bond of Trustees. P. 355, pi. 19. 13 June 1836, P. L. 610. In the Court of Common Pleas of Chester ' County. \ Of January Term, 1860. No. 10. Domestic Attachment. Know all men by these presents, that we, George Boyd, Job DOMESTIC ATTACHMENT. 32T Rees and Seth Jones, appointed Trustees under tlie above-stated Domestic Attachment, Noah Welsh and Abel Lea of the County of Chester, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of two thousand dollars, lawful money of the United States, to be paid to the Commonwealth, her cer- tain attorney and assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents : Sealed with our seals, dated the tenth day of January, in the year of our Lord one thousand eight hundred and sixty. The condition of this obligation is such, that if the above- bounden George Boyd, Job Rees and Seth Jones, shall duly execute the above-mentioned trust, then this obligation shall be void, or else be and remain in full force and virtue. ^ George Boyd, [l. s.] Job Rees, [l. s.] ^ Seth Jones, [l. s.] Noah Welsh, [l. s.] J Abel Lea, [l. s.] Sealed and delivered in the presence of James Davis, William Marshall. 9. Summons to Persons to be Examined. p. 356, pi. 25. 13 June 1836, P. L. 611. James Wills I In the Court of Common Pleas of Chester County. ( Of January Term, 1860. No. 10. John Gregg. J -p. ^. ;r^^ , Domestic Attachment. Chester county, ss. The Commonwealth of Pennsylvania to James Robb and Abel Lea ; Greeting : You and each of you are hereby summoned to be and appear before the undersigned. Trustees under the above- stated Domestic Attachment, at the house of Enoch Rex in the borough of West Chester, on the first day of March next, at ten o'clock in the forenoon of said day, to be examined on oath 328 DOMESTIC ATTACHMENT. or affirmation, toucliing the real and personal estate of the above- named defendant and such other matter as the said Trustees are authorized to inquire of by virtue of the Act of Assembly in such case made and provided : Witness the hands of the said Trustees the tenth day of February, a. d. 1860. George Boyd, Job Rees, Seth Jones, Trustees. 10. Comviitment of Person refusing to he Examined, ^c. p. 356, pi. 26. 13 June 1836, P. L. 612. In the Court of Common Pleas of Chester County. James Wills ^ J ^^ (Of January Term, 1860. No. 10. Domestic Attachment. Chester county, ss. The Commonwealth of Pennsylvania to the Sheriff of said county, and the keeper of the prison of said county ; Greeting : Whereas James Robb of said county was duly summoned to attend before the undersigned Trustees, under the above-stated Domestic Attachment, at the house of Enoch Rex in the borough of West Chester in said county, on this first day of March, a. D. one thousand eight hundred and sixty, to be ex- amined upon oath or affirmation touching such matters as the Trustees were authorized by law to inquire of, and the said James Robb having appeared before said Trustees in accordance with said summons, refused to be sworn (or "refused to attend" or " having been sworn, refused to make answers to the ques- tions" or " interrogatories," then and there administered to him by and on behalf of said Trustees, as the case may be) : These are therefore to command you, the said Sheriff, to take the said James Robb and convey him to the said prison, and you, the keeper of the same prison, to receive the said James Robb and DOMESTIC ATTACHMENT. 329 detain him until he shall submit to be examined as aforesaid : And for so doing this shall be their sufficient warrant. Wit- ness the hands of the said Trustees, this first day of March, A. D. one thousand eight hundred and sixty. George Boyd, Job Rees, Seth Jones. 11. Bond to Release Person Committed. p. 356, pi. 27. 13 June 1836, P. L. 612. \In the Court of Common Pleas of Chester County. V. I Of January Term, 1860. No. 10. Domestic Attachment. Know all men by these presents, that we, James Robb, Noah Welsh and Abel Lea, are held and firmly bound unto the Com- monwealth of Pennsylvania, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Com- monwealth, her certain attorney and assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents : Sealed with our seals, dated the first day of March, A. D. one thousand eight hundred and sixty : Whereas the above-bounden James Robb, having been duly summoned to attend before George Boyd, Job Rees and Seth Jones, Trustees under the above-stated Domestic Attachment, on the first day of March aforesaid, to be examined upon oath or aflBrmation touching such matters as the said Trustees were authorized by law to inquire of, and the said James Robb hav- ing appeared before the same Trustees in accordance with said summons, and having refused to be sworn or affirmed (or as the case may be), was committed to the prison of Chester County and there detained by virtue of the warrant of the said Trustees, and is desirous of being enlarged therefrom, 330 DOMESTIC ATTACHMENT. upon giving bail according to the Act of Assembly in such case made and provided : Now the condition of this obligation is such, that if the above- bounden James Robb, shall appear at the next Court of Com- mon Pleas of Chester County, to be holden for said County of Chester, and then and there answer all such interrogatories as shall be exhibited to him under the direction of said Court, and abide all orders which shall be made by said Court on behalf of the said Trustees, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the ^ presence of James Davis, William Marshall. James Robb, [l. s.] Noah Welsh, [l. s.] Abel Lea. [l. s.] 12. Order to Deliver Boohs, ^c. James Wills p. 356, pi. 28. 13 June 1836, p. L. 612. In the Court of Common Pleas of Chester I County. John Grego. J ^f January Term, 1860. No. 10. Domestic Attachment. Chester county, ss. The Commonwealth of Pennsylvania, to James Robb ; Greeting : Whereas, subsequently to the above-stated attachment being executed, it hath been discovered that you have a certain day- book or book of original entries (or as the case may be, describ- ing the books, effects, &c., with reasonable certainty), belonging to the above-named defendant John Gregg, you are hereby required to deliver the said book (or as the case maybe), to the undersigned. Trustees under the above attachment, or either of them, on or before the first day of March next. Witness the DOMESTIC ATTACUMENT. 331 hands of the said trustees, the tenth day of February, A. D. one thousand eight hundred and sixty. George Boyd, Job Rees, Seth Jones. 13. Warrant of Seizure. p. 356, pi. 30. 13 June 1836, P. L. 612. „^ ^ In the Court of Common Pleas of Chester James Wills ) ^ [ County. ^' (Of January Term, 1860. No. 10. John Gregg. J t. .- a., i •^ Domestic Attaciiment. Chester county, ss. The Commonwealth of Pennsylvania to the Sheriflf of said county, Greeting : Whereas the undersigned, trustees under the above-stated attachment, have been informed that certain goods and effects of the said John Gregg, the defendant in said attachment, and books of account and papers relating to his estate, are reputed to be and are in the house of said defendant (or as the case may be), situate, &c. (describe it). These are therefore to command you to go to the said house (or as the case may be), of the said John Gregg, and in the day-time break open the same, and any doors, trunks or chests of the defendant therein, and seize such goods, effects, books of account and papers, and deliver the same to the undersigned trustees aforesaid for the benefit of the creditors of the said John Gregg ; for so doing this shall be your sufficient warrant. Witness the hands and seals of the said trustees, the tenth day of March, A. D. one thousand eight hundred and sixty. George Boyd, [l. s.] Job Rees, [l. s.] . Seth Jones, [l. s.] 332 EJECTMENT. EJECTMENT. 1. Notice of Tenant to Landlord. p. 364, pi. 2. 21 March 1772, 1 Sm. L. 372, James Wills ^ In the Court of Common Pleas of Chester V. V County. John Gregg. J Of January Term, 1860. No. 2. To Enoch Rex : Sir, — You are hereby notified that a writ of ejectment in the above suit to recover possession of the premises in the Town- ship of Penn in said county, in my possession and holden by me as your tenant, has this day been delivered to me. Yours, &c. January 1, 1860. John Gregg. 2. Petition of Landlord to become a Party. p. 364, pi. 3. 21 March 1772, 1 Sm. L. 372. T ,Tr -s In the Court of Common Pleas of Chester James Wills ^ ( County. ^'' ( Of January Term, 1860. No. 2. John Gregg. ) ^. -^ ' ' Ejectment. To the Honorable, the Judges of the Court of Common Pleas of said County of Chester : The petition of Enoch Rex, Respectfully represents, That he is the landlord of the above-named defendant, John Gregg, who holds possession of the premises for which the writ in the above case has been issued by demise from the petitioner, and who has appeared to the said writ. The petitioner there- fore prays the Court to suffer him to make himself a defendant in the same by joining with the said John Gregg. And he will, &c. Enoch Rex. (AflSdavit of truth of petition to be appended.) EJECTMENT. 333 S. Petition of Landlord to Defend after Judgment hy Default. p. 364, pi. 3. 21 March 1772, 1 Sm. L. 372. T ,Tn- ^ In the Court of Common Pleas of Chester James Wills ) ^ f County. T ^A (Of January Term, 1860. No. 2. John Gregg. I ^. -^ ' ^ Ejectment. To the Honorable, the Judges of the Court of Common Pleas of the said County of Chester ; The petition of Enoch Rex, Respectfully represents, That he is the landlord of the above-named defendant, John Gregg, who holds possession of the premises for which the writ in the above case has been issued by demise from the petitioner ; that the said John Gregg has neglected and refused to appear to said writ, and that judgment has been signed in said suit for want of such appearance ; that the petitioner desires to appear by himself to said writ : He therefore prays the Court to permit him so to do, and to order a stay of execution in said judgment until the Court shall make further order therein. And he will, &c. Enoch Rex. (Affidavit of truth of petition to be appended.) 4. Petition of Alienee to become Party. p. 364, pi. 3. 21 March 1772, 1 Sm, L. 372. T « 117- ^ In the Court of Common Pleas of Chester James Wills ) ^ I County. John Gregg. ) ^^ ^^^^-^ Term, 1860. No. 2. •^ Ejectment. To the Honorable, the Judges of the Court of Common Pleas above named : The petition of Enoch Rex, Respectfully represents, That the above-named defendant, John Gregg, holds the possession of the premises for which the writ in the above case 834 ESTREPEMENT. has been issued under a demise for the term of five years from the first day of April last, from George Robb, who owned the same in fee simple ; that the said George Robb, on the first day of May last, and before the issuing of said writ, conveyed his reversion in the said premises to the petitioner in fee (or as the case may be), and that the title of the petitioner is connected to and consistent with the possession of the said defendant who has appeared to said writ : The petitioner therefore prays the Court to suffer him to make himself defendant in the said suit by joining with the said John Gregg. (a) And he Will, &c. Enoch Rex. (Affidavit of truth of petition to be appended.) ESTREPEMENT. 1. Precipe and Affidavit generally, p. 366, pi. 11. 2 April 1803, 4 Sm. L. 89. , ,,^ -, In the Court of Common Pleas of Chester James \\ills| ^^^^^^^ T ^ (See No. 12. To January Term, 1860. John Gregg. } ^. j ^ ■^ Jiijectment. Issue writ of Estrepement against the defendant to prevent waste and destruction of the premises for which the above- mentioned Ejectment is depending. Yours, &c. William Marshall, Plaintifi"s Attorney. To James Davis, Esq., January 1, 1860. Prothonotary. (a) See McClay v. Benedict, 4 R. 424. ESTREPEMENT. 335 Chester county, ss. James Wills, the plaintiff above named, being duly sworn says, That John Gregg, the defendant, has committed and is committing waste and destruction of and in the premises for which the said action of Ejectment is depending, by cutting down the timber trees on said premises (or as the case may be). Sworn and subscribed, January ^ 1, A. D. 1860, before Townsend Haines, Prest. Judge of said Court James Wills. 2. Precipe and Affidavit, Working Quarries, ^-c, and Certi- ficate of Counsel. P. 1007, pL 2. 27 March 1833, P. L. 99. In the Court of Common Pleas of Chester James Wills | ^^^^^^^ ^' ( See No. 2. To January Term, 1860. Eject- JoHN Gregg. ) ^ ment. Issue writ of Estrepement against the defendant to prevent waste and injury of the premises, for which the above-men- tioned action of Ejectment is depending. Yours, &c. William Marshall, Plaintiff's Attorney. May 10, 1860. Chester county, ss. James Wills, the plaintiff in the above suit, being duly sworn says : That the defendant has committed and is committing waste and injury of the premises, for which the above-men- tioned suit of Ejectment has been instituted, by working quar- ries in the same, which quarries were opened previously to the institution of said suit ; that the term next succeeding that to which the writ in said suit was made returnable, has commenced ; 336 ESTREPEMENT. and that tlie title and riglit of possession to said premises is vested in the deponent, as he verily believes.(a) Sworn and subscribed, May 10, -\ James Wills. 1860, before ( Townsend Haines, ( Prest. Judge of said Court. I, William Marshall, Attorney for the plaintiff in the above case, do certify my opinion that the title and rights of posses- sion to the premises for which the above-stated suit of Ejectment has been instituted is vested in the plaintiff. William Marshall. May 10, 1860. 3. Affidavit of Defendant. p. 1007, pL 2. 27 March 1833, P. L. 99. -- In the Court of Common Pleas of Chester James Wills ) ^ ( Countv- V. ( Of May Term, 1860. No. 2. John Gregg. J -n , ■^ Estrepement. Chester county, ss. John Gregg, the defendant, being duly sworn says, that the title and right of possession to the premises mentioned in the above-stated writ of Estrepement, are vested in him and not in the plaintiff, as he verily believes, and that the quarries worked by him in the same were opened previously to the institution of the suit No. 2, to January Term, in 1860, in the same Court for the recovery of the possession of said premises. Sworn and subscribed, June 1, ^ John Gregg, a. d. 1860, before V H. Fleming, J. P. j (a) See Brown v. O^Brien, 4 P. L. J. 454 ; as to character of affidavit. ESTREPEMENT. 337 4. Recognisance of Defendant to Dissolve. p. 1007, pi. 2. 27 March 1833, P. L. 99. -- In the Court of Common Pleas of Chester James Wills ) ^ f County. ^' I Of May Term, 1860. No. 2. John Gregg, j t^ , ■^ JiiStrepement. Chester county, «s. We, John Gregg, the defendant above named, James Robb and Enoch Rex, all of the County of Chester, acknowledge ourselves to be indebted to James Wills, the plaintiff above named, in the sum of one thousand dollars, to be levied of our goods and chattels, lands and tenements, respectively ; and to be void upon condition that the said John Gregg|will indemnify the said plaintiff, James Wills, against any damage and loss by the further working the quarries mentioned in said writ of Es- trepement (or on such other terms and conditions as the Court may order). Taken and acknowledged, July^ John Gregg, 1, A. D. 1860, in open Court. ( James Robb, James Davis, C Enoch Rex. Prothonotary. •' 5. Petition of Landlord to stay Waste. p. 1008, pi. 3. 29 March 1822, 7 Sm. L. 620. I In the Court of Common Pleas of Chester , ^ f County. John Gregg. J *^ To the Honorable, the Judges of the Court of Common Pleas of Chester County: The petition of James Wills of said county. Respectfully represents, That on the first day of January, in the year of our Lord one thousand eight hundred and fifty-seven, he leased to John Gregg a certain messuage and tract of land, of which he is the owner, situated, &c. (describing it), for the term of three years, 22 338 ESTKEPEMENT. commencing from the first day of April then next ensuing, reserving the rent in said lease mentioned ; — ■which demise yet continues (or " which demise has expired, and due notice has been given to the said John Gregg to leave said premises accord- ing to the provisions of the Act of Assembly in such case made and provided" — as the case may be), and that the said John Gregg being in possession of said premises has committed (or " threatens to commit") waste to the freehold by cutting down timber trees on said premises (or as the case may be). The petitioner therefore prays the Court to order the Prothono- tai-y of said Court to issue a writ of Estrepement to stay waste of said premises. And he will, &c., James Wills. Chester county, ss. James Wills, above named, being sworn in due form of law says. That the statements of the foregoing petition are true, as he verily believes, and that the said John Gregg has committed waste to the therein mentioned premises (or as the case may be), as is therein set forth. Sworn and subscribed, March ^ James Wills. 1, 1860, before l Henry Fleming, J. P. J 6. Affidavit when Waste is Threatened. p. lOOS, pi. 3. 29 March 1822, 7 Sm. L. 520. Chester county, ss. James Wills, the above-named petitioner, being duly sworn says. That in consequence of the threat of the said John Gregg, he verily believes the waste mentioned in said petition will be committed, unless restrained by law. Sworn and subscribed, March ^ James Wills. 1, 1860, before V H. Fleming, J. P. J ESTKEPEMENT. 339 7. Order to Issue Writ against Tenant. p. lOOS, pi. 3. 29 March 1822, 7 Sin. L. 520. In the Court of Common Pleas of Chester James Wills , ., f County V. -r r ^ I Upon petition of James Wills, Landlord, JOHN \jREGG. I „ -,j. . _ _. ^ tor Writ 01 iiStrepement. March 1, 1860. On the petition of said James Wills and it appearing to the Court that the facts therein set forth bring him within the provisions of the first section of the Act of the twenty-second day of March, 1822, to prevent waste in certain cases, the Prothonotary is ordered to issue a writ of Estrepe- ment to stay waste to the premises in said petition mentioned. 8. Writ against Tenant, ^c. P. 1008, pi. 3. 29 March 1822, 7 Sm. L. 520. Chester county, ss. The Commonwealth of Pennsylvania : To the Sheriff of the said County of Chester and John Gregg ; Greeting : Whereas by the law of the land no waste or strip ought to be committed in any lands or tenements by any tenant during his possession of premises demised to him, and whereas the said James Wills, on the first day of January, in the year of our Lord one thousand eight hundred and fifty-seven, leased to the said John Gregg, a certain messuage and tract of land of which he is the owner, situate, &c. (describing it), for the term of three years from the first day of April then next ensuing, reserving the rent in said lease mentioned, which demise yet continues (or " which demise has expired and due notice has been given to the said John Gregg to leave said premises, accord- ing to the Act of Assembly in such case made and provided"), and the said John Gregg is in possession of the premises : And now, on the part of the said James Wills, we have received complaint that the said John Gregg and his servants and others 340 ESTREPEMENT. employed by him, very great waste and strip in the lands and wood standing and growing thereon daily do commit (set out particular waste as mentioned in petition), and do not desist, to the grievous damage and hurt of the said James Wells, contrary to the law of the land, and to the form of the statutes in such case made and provided. We, being willing that the said laws and statutes aforesaid be inviolably observed, do command you the said Sheriff, that you strictly prohibit the said John Gregg and his servants and others employed by him, to commit or do any waste or strip in the lands or wood aforesaid contrary to the law and statutes aforesaid, and restrain the said John Gregg, his servants and others employed by him, that they commit not nor do any such waste as aforesaid. We command you, the said John Gregg, that you do not nor cause to be done any waste or strip in the lands or wood aforesaid, as you will answer the contrary at your and their peril by whom you shall cause waste or strip to be done as aforesaid. - Witness the Honorable Townsend Haines, President Judge of our Court of Common Pleas of West Chester, for the County of Chester aforesaid, the first day of May, in the year of our Lord one thousand eight hundred and sixty. James Davis, Prothonotary. 9. Petitio7i of Purchaser at Sheriff's Sale. p. 1008, pi. 3. 29 iMarch 1822, 7 Sm. L. 520. I In the Court of Common Pleas of Chester V. r r^ T f^ I County. John Gregg, j -^ To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents : That by virtue of a writ of Venditioni Exponas, issued out of said Court, a certain messuage and tract of land situate, &c. (de- scribing it), was exposed to sale by the Sherifi" of said county ESTREPEMENT. 341 on the tentli day of May last, as the property of John Gregg ; that the petitioner was at the said sale declared by the said Sheriff the highest bidder for the said premises, and became and "was the purchaser thereof: That the said John Gregg is in posses- sion of said premises and has committed waste to the freehold, by cutting down timber on the same (or as the case may be): The petitioner therefore prays the Court to order the prothono- tary of said Court to issue a writ of Estrepement to stay waste to said premises. And he will, &c. James Wills. (Affidavit as in former precedent.) 10. Petition of Mortgagee to Stay Waste. p. 1008, pi. 3, 6. 29 March 1822, 7 Sm. L. 520. 22 April 1850, P. L. 549. James Wills V In the Court of Common Pleas of Chester T "^ ( County. John Gregg. J "^ To the Honorable, the Judges of the Court of Common Pleas of the County of Chester : The petition of James Wills, Respectfully represents. That John Gregg on the first day of April, in the year of our Lord one thousand eight hundred and fifty, executed and delivered to the petitioner, a mortgage on a messuage and tract of land situate, &c., to secure to the petitioner the payment of one thousand dollars with its interest, in one year from the date thereof, which mortgage is unsatisfied and said premises are still bound by the same ; that said premises are now subject to be sold by a Levari Facias on said mortgage (or as the case may be), that the said John Gregg is in possession of said premises and has committed waste to the freehold by cutting down timber trees (or as the case may be). The petitioner therefore prays the Court to order the Pro- 342 ESTREPEMENT. thonotarj of said Court to issue a writ of Estrepement to stay waste on the same. And he will, &c. James Wills. (Affidavit as in preceding form.) 11. Petition of Judgment Creditor after Condemnation to Stay Waste. p. 1008, pi. 3. 29 March 1822, 7 Sm. L. 520. I In the Court of Common Pleas of Chester V y T A I County. John Gregg, j *^ To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents : That on the first day of January last, he recovered a judgment in this Court upon an award of arbitrators (or as the case may be), against John Gregg for the sum of five hundred dollars, which judgment bound a certain messuage and tract of land belonging to the said John Gregg, situate, &c. (describing it), and that the said premises have been condemned by inquisition and are subject to be sold by a writ of Venditioni Exponas (or as the case may be) ; that the said John Gregg is in possession of the said premises and has committed waste to the freehold by cut- ting down timber trees (or as the case may be). The petitioner therefore prays the Court to order the Pro- thonotary of the said Court to issue a writ of Estrepement, to stay waste in the same. And he -will, &c. James Wills. (Affidavit as in preceding form.) ESTREPEMENT. 343 12. Petition of Remainderman to Stay Waste. p. 1008, pi. 5. 10 April 1843, P. L. 472. James Wills 1 t , ^ „ ^ t^, „ ^, f in the Court of Common Pleas of Chester T ^ 1 County. John Gregg. J "^ To the Honorable, the Judges of the Court of Common Pleas of the County of Chester : The petition of James Wills, Respectfully represents, That John Grregg is tenant for life of a certain messuage and tract of land situate in, &c. (describing it), and that the peti- tioner is interested in the estate in remainder therein, being the owner in fee of said remainder : That the said John Gregg is in possession of said premises and has committed waste to the freehold by cutting down timber trees thereon (or as the case may be) : The petitioner therefore showing to the Court by a copy of notice and proof of service thereof, hereto annexed, that five days' notice has been given to the said John Gregg, notify- ing him to desist from the commission of waste as aforesaid, prays the Court to order the Prothonotary of said Court to issue a writ of Estrepement to stay waste in said premises. And he will, &c. James Wills. (Affidavit as in former precedent.) 13. Notice to Tenant for Life to desist from Waste. P. 1008, pi. 5. 10 April 1848, P. L. 472. To John Greora; : — You are hereby notified to desist from the commission of waste by the cutting down timber trees (or as the case may be), on a certain messuage, &c. (describing it), of which you are now in the possession as tenant for life, and of which the under- signed is interested as owner of the remainder in fee. May 1, 1860. James Wills. 344 ESTREPEMEXT. 14. Petition of Creditor to Stay Waste on Land of a Decedent. p. lOOS, pi. 7. 22 April 1S50, P. L. 549. ( In the Court of Common Pleas of Chester /-I T> r County. George Robb. J *^ To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents, That John Gregg, of the Township of Penn in said county, lately died intestate, seised in his demesne as of fee, of and in a certain messuage, &c. (describing it) ; that at the time of his decease, the said John Gregg was indebted to the petitioner in the sum of one thousand dollars, for goods sold and delivered to him at his request (or as the case may be), and that the per- sonal estate of said decedent is not sufficient to pay his just debts ; that George Robb is in possession of the above-mentioned real estate .of the decedent, and has committed waste to the freehold by cutting timber trees (or as the case may be), and that in consequence of such waste the claim of the creditors of the decedent will be endangered and their collection defeated in whole or in part. The petitioner therefore prays the Court to order the Pro- thonotary of said Court to issue a writ of Estrepement to stay waste to said real estate. And he will, &c. James Wills. (Affidavit as in former precedent.) 15. Petition of Tenant of Decedent to Dissolve, <^c. P. 1008, pi. 7. 22 April 1850, P. L. 549. -s In the Court of Common Pleas of Chester James \\ ills | ^ I County. ''• (Of May Term, 1860. Xo. 10. George Robb. ) ^ , -^ XiStrepement. To the Honorable, the Judges of the Court of Common Pleas of Chester County : ESTREPEMENT. 345 The petition of George Robb, Respectfully represents, That he is in possession of a certain messuage, &c., late the estate of John Gregg, deceased ; that upon the petition of James Wills, a creditor of the said decedent, a writ of Estrepe- ment "was on the first day of May last, issued out of this Court to stay waste alleged to have been committed by the petitioner to said real estate : The petitioner further represents, that by a contract made with the said John Gregg in his lifetime, and dated the first day of January last, he purchased of the said John Gregg certain timber trees as set out in the same, and that he has cut no other timber trees than those in said contract mentioned (or as the circumstances may be, showing why he has committed the waste or denying it), and that he is desirous to enter into security to indemnify the creditors of said dece- dent against any damage or loss which may be occasioned by the commission of waste on said decedent's premises as afore- said : The petitioner therefore prays the Court upon receiving such security, or on such other terms and conditions as the Court may consider equitable and just, to dissolve said Estrepe- ment. (Affidavit of truth of petition to be appended.) And he will, &c. George Robb. James "Wills V. George Robb. 16. Bond of Tenant of Decedent. p. 1008, pi. 7. 22 April 1850, P. L. 549. ^ In the Court of Common Pleas of Chester I County. Of May 'Term, 1860. No. 10. Estrepement. Chester county, ss. Know all men by these presents, that we, George Robb, Enoch Rex and Seth Jones, all of said county, are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of one thousand dollars, lawful money of the United States, to be paid to the Commonwealth, her certain attorney or assigns, to which payment well and truly to be made we bind ourselves 346 ESTREPEMENT. jointly and severally, our heirs, executors and administrators, firmly by these presents ; sealed with our seals, dated the first day of May, in the year of our Lord one thousand eight hun- dred and sixty : Whereas a writ of Estrepement, as above stated, was on the first day of April last, issued out of the Court of Common Pleas of Chester county, on the application of James AYills, a creditor of John Grregg late of the Township of Penn in said county, de- ceased, to stay waste to a certain messuage, &c. (describing it), the estate of said deceased, in possession of said George Robb : Now the condition of this obligation is such, that if the said George Robb shall indemnify the creditors of the said deceased, against damage or loss which may be occasioned by the com- mission of waste on said decedent's premises by the said George Robb, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in •>. George Robb, [l. s,] the presence of ( Enoch Rex, [l. s.] Abel Lea, j Seth Jones. [l. s.] John Todd. ^ 17. Petition hy Plaintiff in Foreign Attachment to Stay Waste in Land Attached. P. 1009, pi. 10. 8 May 1855, P. L. 533. In the Court of Common Pleas of Chester James Wills V ( County. John Gregg. J ^^ J^^-^^T Term, 1860. No. 10. Foreign Attachment in Case. To the Honorable, the Judges of the Court of Common Pleas above named : The petition of James Wills, the plaintiff above named, Re- spectfully represents, That the above Foreign Attacnment has been executed upon a messuage and tract of land of the defendant, situate, &c. (describing it), which premises are in the possession of one Enoch Rex : that the said Enoch Rex has committed waste to the freehold by cutting down timber trees (or ESTREPEMENT. 347 as the case may be). The petitioner therefore prays the Court to order the Prothonotary of this Court to issue a writ of Estrepe- ment to stay waste in the premises. And he will, &c., James Wills. (Affidavit as in former precedents of Estrepement.) 18. Petition of Plaititiff in Foreign Attachment to Stay Waste in Land hound hy 3Iortgage, ^c, attached. P. 493, pi. 10. P. 1009, pi. 10. 8 May 1855, P. L. 532. >^ In the Court of Common Pleas of Chester James Wills /^ , [ County. ^- ( Of January Term, 1860. No. 10. John Gregg. J ^ ■ a ^.^ i ^ ■ n l^oreign Attachment in Case. To the Honorable, the Judges of the Court of Common Pleas aforesaid : The petition of James Wills, the plaintiff above named, Respectfully represents, That Enoch Rex is a debtor to John Gregg, the defendant, by a mortgage dated the first day of April, A. D. one thousand eight hundred and fifty, upon a messuage, &c. (describing it), to secure the payment of one thousand dollars, with interest, in one year from the date thereof ("or judgment" — describing it — as the case may be) ; that the said Enoch Rex is a non-resi- dent and cannot be personally served with notice or process as garnishee, and that the above-stated Foreign Attachment has been executed by attaching and levying the same on the above- described real estate, on which the said mortgage (" or judg- ment") is a lien and encumbrance, according to the Act of Assem- bly in such case made and provided. The petitioner further re- presents, that the said real estate is in the possession of James Robb, and that he has committed waste to the freehold by cut- ting timber trees (or as the case may be). The petitioner there- fore prays the Court to order the Prothonotary to issue a writ of Estrepement to stay waste in the same. And he will, &c., James Wills. (Affidavit as in former precedent.) 348 ELECTIONS. ELECTIONS. 1. Petition to Contest Election of County or Township Officers. p. 392, pi. 186. 2 July ISP-O, P. L. 554. To the Honorable, the Judges of the Court of Quarter Sessions of Chester County : The petition of the undersigned (more than) twenty qualified electors of said county, Respectfully represents, That the officers of the General Election, held for said county on the tenth day of October last, have certified and returned that at said election, John Gregg received five thousand votes for the office of Sheriff of said county, and James "Wills re- ceived forty-nine hundred votes for the said office of Sheriff: The petitioners complain that the said election was undue (or "the return of said election is false," or both, as the case may be) ; and that the said James Wills was duly elected Sheriff of said county, and not the said John Gregg ; and the petition- ers set forth the following facts on which their complaint is founded, by which it will appear that the said James Wills was elected Sheriff as aforesaid, viz. : 1st. 2d, &c. (Set out facts.) The petitioners therefore pray the Court to hear and deter- mine said complaint. And they will, &c., Enoch Rex, Seth Jones, &c., &c. Chester county, ss. Enoch Rex and Seth Jones, two of the above-named petition- ers, being duly sworn, say, that the facts stated in the foregoing petition are true to the best of their knowledge and belief. Sworn and subscribed, Novem-^ Enoch Rex, ber 1, 1860, before > Seth Jones. H. Fleming, J. P. J EMBEZZLEMENT. 349 2. Petition to Change Place of Election. p. 386, pi. 143. 20 April 1854, P. L. 419. To the Honorable, the Judges of the Court of Quarter Ses- sions of said county : The petition of the undersigned qualified electors of the election district composed of the Township of Penn in said county, Respectfully represents. That the con- venience of the voters of said district would be promoted by the change of the place of holding the general, special and township elections for said district, from the public-house of Enoch Rex, where said elections are now held, to the Union School House in said district. The petitioners, therefore, showing that they are one-third of the qualified voters of said district, pray the Court to order an election, in said election district, on the ques- tion of the change of the place of holding said elections as above mentioned. And they will, &c. Seth Jones, &c., &c. (Affidavit of truth of petition by one or more to be appended.) EMBEZZLEMENT. 1. Petition for Removal of County Treasurer on Embezzle- ment, ^-c. p. 213, pi. 25. 27 May 1841, P. L. 401. To the Honorable, the Judges of the Court of Quarter Sessions of the County of Chester : The petition of the undersigned Commissioners of the said county. Respectfully represents. That they believe that John Doc, County Treasurer of said 360 EMBEZZLEMENT. county, is embezzling, wasting, using and improperly managing the public moneys committed to bis cbarge, and set fortb tbe following facts as tbe ground of said complaint, viz. : (Set out facts witb particularity.) Tbe petitioners tberefore pray tbe Court, if tbe Court believe the said complaint to be well founded, to make sucb order in accordance witb tbe Act of Assembly in sucb case made and provided as to tbe Court shall appear just and proper in tbe premises. And they will, &;c. Enoch Rex, ^ George Jones, V Commissioners. James Robb, J (Affidavit of truth of facts by one or more of Commissioners to be appended.) 2. Petition where Security of County Treasurer is insufficient. p. 213, pi. 25. 27 May 1841, P. L. 401. To the Honorable, tbe Judges of the Court of Quarter Ses- sions of Chester County : Tbe petition of tbe undersigned Commissioners of said County, Respectfully represents, That John Doe was, at tbe General election in October last, duly elected County Treasurer of said county, and gave bond to the County of Chester with Job Wills and Seth Potts as his sureties, in the sum of twenty thousand dollars, conditioned as is directed by the Act of As- sembly in such case made and provided, and took upon himself the duties of said office : that since that time the said Job Wills has become insolvent and has assigned bis real and personal property for the benefit of his creditors (or as the case may be, setting out tbe facts showing the insufficiency of the security). Tbe petitioners therefore believing from tbe insufficiency of the security of tbe said John Doe, as County Treasurer afore- said, that the public interests are likely to suffer, pray, if the Court believe this complaint to be well founded, that such order may be made, in accordance witb the Act of Assembly EQUITY. 351 in this behalf made and provided, as to said Court shall appear just and proper in the premises. And they will, &c. Enoch Rex, "| George Jones, V Commissioners. James Robb, J (Affidavit of truth of petition of one or more Commissioners to be appended.) EQUITY. 1. Bill of Discovery against Defendant in aid of Execution. Pp. 406, 407, pi. 42, 48. 16 June 1836, P. L. 76.3, 764. James Wills '\ In the Court of Common Pleas of Chester V. V County. John Gregg. J In Equity. To the Honorable, the Judges of the Court of Common Pleas of Chester County sitting in Equity : James Wills above named, brings this bill against said John Gregg, and thereupon your orator complains : That on the tenth day of June, in the year of our Lord one thousand eight hun- dred and fifty-nine, by the consideration of this Court, he recovered in said Court a judgment against the said John Gregg, No. 10, to July Term, in the year aforesaid, for the sum of five hundred dollars ; that on the said judgment — to October Term of the same year, No. 1 — a writ of Fieri Facias was issued, which was returned nulla bona ; that the amount now actually due on said judgment is five hundred dollars ; your orator further complains, that about the time of the re- covery of said judgment, the said John Gregg was in pos- session, as owner, of a large stock of dry goods, groceries and other personal property, the usual contents of a country store, in a storehouse occupied by him in the Township of Penn in 352 EQUITY. the County of Chester, at which he was carrying on the busi- ness of a storekeeper (or as the case may be) ; and that there is reason to believe that the defendant has personal estate, where- with said judgment may be satisfied : Your orator further com- plains that the defendant has closed his said storehouse and ceased to do business thereat, that said goods are not now in said house and the said personal estate has been removed and concealed by the defendant (or as the case may be) ; and that by reason of said removal and concealment, your orator is pre- vented from having execution of his judgment. To the end therefore, that the defendant may, if he can, show why your orator should not have the relief hereby prayed, and may on his oath and according to the utmost of his knowledge, remembrance, information and belief, full, true, direct and per- fect answers make to all such interrogatories as may be pro- pounded to him and as are hereinafter mentioned and set forth, as by the note hereunder written he is required to answer, that is to say : 1. Whether your orator did not on the tenth day of June, in the year of our Lord one thousand eight hundred and fifty-nine, in said Court of Common Pleas of Chester County, recover against the defendant a judgment for the sum of five hundred dollars, and whether on said judgment a writ of Fieri Facias did not issue out of said Court to October Term of the same year No. 1, which was returned by the Sheriff nulla bona, and whether the amount actually due on said judgment is not five hundred dollars. 2. Whether, &c. 3. Whether, &c. (adding interrogatories as the circumstances may require). And that discovery may be made of the personal estate of the defendant : May it please the Court to award the Common- wealth's writ of Scire Facias to the Sherifi" of said County of Chester, requiring him to make known to the said John Gregg, that he be and appear at a certain time to be appointed by the Court, to answer this bill, and full, true, direct and perfect answer make to all and singular the interrogatories herein pro- pounded, and further to stand to, abide by and perform such further order, direction and decree as to the Court may seem EQUITY. 353 meet, and that your orator may have such further and other relief as equity and good conscience may require. James Wills, David Bond, Solicitor for Plaintiff. Chester county, ss. James Wills being duly sworn, says, that he verily believes the facts set forth in the said bill are true. Sworn and subscribed, April "j James Wills. 1, 1860, before V John Evans, J. P. J The defendant John Gregg, is required to answer the inter- rogatories numbered respectively, 1, 2, 8, &c. (stating all the numbers.) I certify, that in my opinion the case set forth in this bill is of such a nature that no adequate remedy can be obtained at law. David Bond, April 1, 1860. Plaintiff's Solicitor. 2. Bill of Discovery in Aid of Execution against Defendant ^and Third Person. Pp. 406, 407, pL 42, 48. 16 June 1836, P. L. 763, 764. James Wills ^ In the Court of Common V. V Pleas of Chester County. John Gregg and Enoch Rex. J In Equity. To the Honorable, the Judges of the Court of Common Pleas of Chester County, sitting in Equity : James Wills, above named, brings this bill against said John Gregg and Enoch Rex : — and thereupon your orator complains that on the tenth day of June, in the year of our Lord one thousand eight hundred and fifty-nine, by the consideration of this Court, he recovered a judgment therein, against the said John Gregg, No. 10, to July Term, in the year aforesaid, for 28 854 EQUITY. the sum of five hundred dollars ; that on said judgment to October Term, in the same year, a writ o^ Fieri Facias was issued, •which was returned nulla bona ; that the amount now actually due on said judgment is five hundred dollars. Your orator fur- ther complains, that about the time of the recovery of said judgment, the said John Gregg was in possession as owner, of a large stock of dry goods, groceries and other personal pro- perty, the usual contents of a country store in a store-house occupied by him in the Township of Penn, in the County of Chester, at which he was carrying on business as a store- keeper (or as the facts may be), and that there is reason to believe that the said John Gregg, the defendant in said judg- ment, has personal estate wherewith the same may be satisfied. Your orator further complains, that the said John Gregg, the defendant aforesaid, has transferred the said personal estate to the said Enoch Rex, who has now possession of the same, and that the said personal estate is still the estate of the said John Gregg ; that by reason thereof your orator is prevented from having execution of his said judgment: to the end therefore that the defendants in this bill may, if they can, show why your orator should not have the relief hereby prayed and may on their oath, and according to the utmost of their knowledge, remem- brance, information and belief, full, true, direct and perfect answer make to all such interrogatories as may be propounded to them as hereinafter mentioned and set forth, as by the note hereunder written, they are required to answer, that is to say: 1. Whether your orator did not, on the tenth day of June, in the year of our Lord one thousand eight hundred and fifty- nine, in said Court of Common Pleas of Chester County, recover against the said John Gregg a judgment for the sum of five hundred dollars, and whether, on said judgment, a writ of Fieri Facias did not issue out of said Court to October Term in the same year, which was returned by the SheriflF " nulla bona,'' and whether the amount actually due on said judgment is not five hundred dollars. 2. Whether, &c. 3. Whether, &c. (adding interrogatories as the circumstances may require). EQUITY. 355 And that discovery may be made of the personal estate of the said John Grego;. May it please the Court to award the Commonwealth's writ of Scire Facias to the Sheriff of said County of Chester, requiring him to make known to the said John Gregg and Enoch Rex, that they be and appear, at a certain time to be appointed by the Court, to answer this bill, and full, true, direct and per- fect answer make to all and singular the interrogatories herein propounded, and further to stand to, abide by and perform such further order, direction and decree, as to the Court may seem meet, and that your orator may have such further and other relief as equity and good conscience may require. James Wills. David Bond, Solicitor for Plaintiffs. Chester county, ss. James Wills, being duly sworn, says, that he verily believes that the facts set forth in the said bill are true. Sworn and subscribed, April 1, ^ James Wills. 1860, before V John Graves, J. P. J The defendants, John Gregg and Enoch Rex, are required to answer the interrogatories numbered 1, 2, 3, &c. (stating all the numbers). I certify, that in my opinion, the case set forth in this bill is of such a nature that no adequate remedy can be obtained at law. David Bond, April 1, 1860. Plaintiff's Solicitor. 356 EQUITY. 3. Scire Facias against Defendant in Execution and Third Person on Bill of Discovery. p. 407, pi. 48. 16 June 1836, P. L. 764. Chester county, ss. The Commonwealth of Pennsylvania : To the Sheriff of the said County of Chester, Greeting : — Whereas, James Wills, by his bill filed in our Court of Com- mon Pleas of the said County of Chester, before our Judges thereof, on the first day of April, in the year of our Lord one thousand eight hundred and sixty, has given our said Court to understand and be informed, that on the tenth day of June in the year of our Lord one thousand eight hundred and fifty- nine, he recovered a judgment in said Court against John Gregg for the sum of five hundred dollars : that in the October Term of said Court, in the same year, a writ of Fieri Facias was issued upon said judgment, to which writ the Sheriff of said county did return, that the said John Gregg had no goods in his bailiwick, whereof the said judgment could be levied ; that the amount actually due to the said James AVills on said judg- ment was five hundred dollars : that about the time of the recovery of said judgment, the said John Gregg was in posses- sion as oTvnier, of a large stock of store goods and that there is reason to believe that the said John Gregg has personal estate, wherewith the said judgment may be satisfied ; that the said John Gregg has transferred the said personal estate to Enoch Rex, who has possession of the same ; that the said personal estate is still the estate of the said John Gregg, and that by reason thereof, the said James Wills is prevented from having execution of his said judgment ; and the said James Wills has besought us to provide him a proper remedy, whereby discovery may be made of the personal estate of the said John Gregg, and we, being willing that what is just in this behalf should be done, according to the form of the Act of Assembly in such case made and provided, require you to make known to the said Enoch Rex, that he be and appear on the first Monday in May next, at our said Court of Common Pleas, before our EQUITY. 357 Judges thereof at West Chester, then and there to answer said bill and all such interrogatories as shall be propounded to him, or show cause why he should not, and abide the judgment of our said Court in the premises. Witness the Honorable Town- send Haines, President Judge of our said Court, at West Ches- ter, the first day of April, in the year of our Lord one thousand eight hundred and sixty. James Davis, Prothonotary. 4. Bill of Discovery in aid of Issue at Laiv. p. 401, pi. 3. P. 402, pi. 4. 16 June 1836, P. L. 789. 13 October 1840, P. L. 7. „^ -N In the Court of Common Pleas of Chester James Wills ) ^ f County. ^* ( Of May Term, 1860. No. 10. John Gregg. I t^. , , ^ Jiijectment. To the Honorable, the Judges of the Court of Common Pleas of Chester County : James Wills, above named, brings this bill against John Gregg, and thereupon your orator complains that the defendant in the above-stated action of Ejectment now depending in the said Court of Common Pleas, in which your orator is the plain- tiff, for the recovery of a tract of land, mentioned in the writ in said case and now in possession of the defendant, who claims to hold said land by virtue of a deed in fee simple to him, the defendant, for the same from Enoch Kex, now deceased, dated the first day of April, in the year of our Lord one thousand eight hundred and fifty, which deed was recorded on the same day in the Recorder's Ofiice of Chester County, in Deed Book W, p. 40. That at the time the said deed was delivered, he, the defendant, executed and delivered to the said Enoch Rex, a certain other deed bearing even date therewith, by which he, the defendant, declared that he did not hold the said land in his own right as absolute owner thereof, but in trust for the said Enoch Rex during liis life, in the manner particularly set 358 EQUITY. out in the last-mentioned deed, and after his death to convey the same to your orator in fee, — that upon the death of the said Enoch Rex, the defendant, as Executor of his last will and testament, obtained possession of the said last-mentioned deed, which he now has in his possession, or has destroyed and refuses to produce, and now sets up the said deed first mentioned as conveying to him an absolute estate in said tract of land, with- out any trust whatsoever ; and your orator charges, that if the said deed declaring the trust aforesaid were produced, the truth of the matters aforesaid would appear, and that the said deed declaring said trust and the said matters hereinbefore set forth, are material to the plaintiff in support of his aforesaid action. In consideration whereof, and forasmuch as your orator cannot have discovery of the matters aforesaid, except in a Court of Equity, where matters of this kind are properly cognisable and discoverable : To the end, therefore, that the defendant may, if he can, show why your orator should not have the relief prayed for and may, on his oath and according to the utmost of his knowledge and belief, full, true, direct and perfect answer make to all such of the several interrogatories hereinafter mentioned and set forth, as by the note hereunder written he is required to answer, that is to say : 1. Whether the defendant does not claim to hold the land mentioned in the writ in the above-stated action, and now in his possession by virtue of a deed in fee simple for the same from Enoch Rex, now deceased, which deed is dated on the first day of April, in the year of our Lord one thousand eight hundred and fifty, and recorded on the same day in the Recorder's Ofiice of Chester County, in Deed Book AY, p. 40. 2. Whether, &c. 3. Whether, &c. (adding interrogatories as the circumstances may require). And that discovery may be made of the matters set forth in said bill and interrogatories, May it please the Court to grant a rule upon the defendant to answer the said bill and the said interrogatories, and produce the said declaration of trust if the same is now in his possession or power, and to set forth what has become of the said declaration of trust, if it is not now in his possession or power, and whether a discovery EQUITY. 359 of tlie matters aforesaid is not material for maintaining your orator's action aforesaid, and to stand to and abide by and perform sucli further order, direction and decree as to the Court shall seem meet, and that your orator may have such further and other relief as equity and good conscience may require. James Wills. David Bond, Plaintiff's Solicitor. Chester county, ss. James Wills, above named, being duly sworn, says, that he verily believes that the statements set forth in the above bill are true. Sworn and subscribed, April 1, ^ James Wills. 1860, before V John Graves, J. P. j The defendant, John Gregg, is required to answer the inter- rogatories numbered 1, 2, 3, &c. (stating all the numbers). I certify that, in my opinion, the case set forth in this bill is of such a nature that no adequate remedy can be obtained at law. David Bond, April 1, 1860. Plaintiff's Solicitor. 5. Bill to Perpetuate Testimony. p. 400, pL 1. P. 402, pi. 7. 16 June 1S36, P. L. 789. 13 October 1840, P. L. 7. James Wills ^ In the Court of Common Pleas of Chester V. V County. John Gregg. J In Equity. To the Honorable, the Judges of the Court of Common Pleas of Chester County, sitting in Equity : James Wills, of the County of Chester, brings this bill against John Gregg of the same county, and thereupon your orator complains and says, that George Gregg in his lifetime was 360 EQUITY. seised in his demesne as of fee, of a certain messuage and tract of land (describing it), and that in or about the year of our Lord one thousand eight hundred and twenty he put his two sons, Charles Gregg and the above-named John Gregg, into possession thereof, each of them to occupy a separate part of the same; the line of such separation being designated by a hickory tree, then marked by the said George Gregg, at the east end thereof, and a stone placed in the ground at the west end thereof; that the said Georo;e Greoror beino; so seised of the said tract of land, and his said two sons being in possession thereof as aforesaid, died having made his last will and testa- ment, dated the first day of October, in the year of our Lord one thousand eight hundred and forty, and proved on the twen- tieth day of the same month ; that by said will he did, amongst other things, devise as follows, viz. : " I give and devise to my son John Gregg that part of my farm in Penn Township, now in his possession, to hold to him and his heirs for ever ; and to my son Charles Gregg that part of my said farm now in his possession, to hold to him and his heirs for ever, the said parts being separated from each other by a line marked by me at the time my said sons took possession of said farm ;" that the said Charles Gregg, by deed dated the first day of April last, con- veyed to your orator in fee that part of said tract of land de- vised to him as aforesaid, and that there is no written evidence of the location of the line between the part of said tract devised to the said John Gregg and the part conveyed to your orator as aforesaid, other than that contained in the will of the said George Gregg as above stated ; and your orator charges that he has requested the said John Gregg to enter into a written agreement with him establishing the location of said line be- tween them in accordance with the aforesaid marks, but the said John Gregg refuses to enter into such agreement, and falsely alleges that the said line is in a difi'erent place from that which your orator charges it to be. And your orator charges, that there are divers aged persons now living, particularly one Seth Jones and one Abel Lea, residing in said County of Chester, who have knowledge of the fixing of the said line, and of the possession of the said parts of the tract of land aforesaid, in EQUITY. S61 accordance therewith during the lifetime of the said George Gregg, and since his death, and other matters and things tend- ing to show and prove that the location of said line is where your orator charges the same to be ; and that if the said wit- nesses should die, your orator would be deprived of the benefit of their testimony. And your orator respectfully insists, that he is entitled to have the several witnesses who can prove the matters and things aforesaid, examined thereto in perpetuam rei memoriam, and to have their testimony preserved and per- petuated in this Honorable Court, and to have full benefit of such witnesses as against the said John Gregg, upon any trial or trials at law which may be had with regard to the location of the aforesaid line, and to have one or more commission or com- missions (if necessary), issued out of this Honorable Court for the examination of said witnesses : In consideration whereof, and forasmuch as your orator is unable at present to have the said witnesses examined in chief on any trial at law respecting the matters aforesaid, and may by death or otherwise be deprived of the benefit of their tes- timony : To the end therefore that the defendant may, if he can, show why your orator should not have the relief hereby prayed, and may on his oath, and according to the utmost of his knowledge, remembrance, information and belief, full, true, direct and per- fect answer make to such of the several interrogatories herein- after mentioned and set forth, as by the note hereunder written he is required to answer, that is to say : 1. Whether the said George Gregg was not in his lifetime seised in his demesne as of fee, of a certain messua";e and trar* of land (describing it as in bill), and in or about the year of o Lord one thousand eight hundred and twenty, the said Gee Gregg did not put his two sons, Charles Gregg and Johu Gregg, into possession of the same, each to occupy a separate part thereof. 2. Whether, &c. 3. Whether, &c. (adding interrogatories as the circumstances may require). And that your orator may have the several witnesses who can prove any of the matters and things in said 362 EQUITY. bill set forth, examined in regard thereto in perpetuam rei memoriam, and that their testimony may be preserved and per- petuated in this Honorable Court, so that your orator may have the full benefit thereof against the said John Gregg, upon any trial or trials at law, which may be had in regard to the loca- tion of the aforesaid line : And that your orator may have one or more commission or commissions issued out of this Honor- able Court for the examination of the said witnesses : May it please the Court, to grant unto your orator, the Com- monwealth's writ of Subpoena, to be directed to the said John Gregg, thereby commanding him at a certain day and under a certain pain therein limited, personally to be and appear before this Honorable Court, and then and there, full, true, direct and perfect answer make to all and singular the premises, and fur- ther to stand to and abide by and perform such further order, direction and decree, as to the Court may seem meet, and that your orator may have such further and other relief as equity and good conscience may require. James Wills. David Bond, Plaintiff's Solicitor. Chester County, ss. James Wills being duly sworn, says, that the statements in the foregoing bill are correct and true as he verily believes. Sworn and subscribed, April 1, ^ James Wills. 1860, before V John Graves, J. P. J The defendant John Gregg, is required to answer the inter- rogatories numbered respectively, 1, 2, 3, &c. (stating all the numbers). I certify, that in my opinion the case set forth in this bill is of such a nature that no adequate remedy can be obtained at Law. David Bond, April 1, 1860. Plaintiff's Solicitor. EQUITY. 363 6. Bill to Perpetuate Testimony of Lost Record. p. 857, pi. 19. P. 401, pi. 2. p. 402, pi. 4. 25 April 1850, P. L. 572. 13 October 1840, P. L. 7. James Wills ^ In the Court of Common Pleas of Chester V. V County. John Gregg. J In Equity. To the Honorable, the Judges of the Court of Common Pleas of said County of Chester : James Wills, of said county, brings this bill against John Gregg, and therefore your orator complains and says. That on the tenth day of March, in the year of our Lord one thousand eight hundred and fifty-nine, by the consideration and judgment of this Court, your orator recovered judgment against said John Gregg, for the sum of two hundred dollars, besides costs on a bond dated on the said tenth day of March, "with warrant of at- torney to confess judgment with condition to said bond annexed for the payment of the sum of one hundred dollars, in one year from the date thereof with interest for the same, and that said judgment was entered of record in this Court in Judgment Docket H, at page 500, and that said judgment and said sum of one hundred dollars are wholly unsatisfied and unpaid : Your orator further says, that the said page of the Judgment Docket H aforesaid, has been removed and taken from said Docket, and the record of said judgment thereby lost and de- stroyed and the said John Gregg refuses to have said judgment replaced on the records of this Court. In consideration whereof and to the end that your orator may have the relief hereby prayed, and may have proof of said record according to the form of the Act of Assembly in such case made and provided, so that it may have the same legal operation as the original record would have had, and that the said John Gregg may, upon his oath, according to the best and utmost of his knowledge and belief, full, true, perfect and distinct answers make to all and every the matters aforesaid, and of such of the several interro- gatories herein mentioned and set forth, as by the notice here- under written, he is required to answer, that is to say : 1. Whether your orator did not recover a judgment against 364 EQUITY. the defendant, on the tenth day of March, in the year of our Lord one thousand eight hundred and fifty-five, for the sum of two hundred dollars, on a bond dated on the said tenth day of March, with warrant of attorney, to confess judgment with condition thereto annexed for the payment of one hundred dollars, in one year from the date thereof with interest, 2. Whether the said judgment was not entered on record in the Court of Common Pleas of Chester County in Judgment Docket H, at page 500. 3. Whether the said judgment and the sum of one hundred dollars are not wholly unsatisfied and unpaid. 4. Whether the said page of the said Judgment Docket has not been removed and taken from said docket and the record of said judgment thereby lost and destroyed : And that your orator may be at liberty to examine the wit- nesses who may be able to testify touching the several matters and things alleged by your orator in said bill, and that their evidence may be recorded and perpetuated in this Court for the benefit of your orator ; and that one or more commission or commissions may issue for the examination of such wit- nesses : May it please the Court to grant unto your orator, the Com- monwealth's writ of Subpoena to be directed to the said John Gregg, commanding him at a certain day and under a certain pain to be therein limited, personally to be and appear before this Court, and there full, true, direct and perfect answer make to all and singular the premises, and further to stand to, per- form and abide by such further order and direction therein, as to the Court shall seem meet. And your orator will, James Wills. David Bond, Plaintifi"s Solicitor. Chester county, ss. James Wills, being duly sworn, says, that the statements in the foregoing bill are correct and true as he verily believes. Sworn and subscribed. May 1, ^ James Wills. 1860, before V John Graves, J. P. J EQUITY. 365 The defendant, John Gregg, is required to answer the inter- rogatories respectively, 1, 2, 3, 4. I certify that in my opinion the case set forth in this bill is of such a nature that no adequate remedy can be obtained at law. David Bond, May 1, 1860. Plaintiff's Solicitor. Issue Subpoena in this case, returnable to the next rule day but one, viz. : the first Monday in June next. David Bond, James Davis, Esq., Plaintiff's Solicitor. Prothonotary. May 1, 1860. 7. Bill for Account in PartnersJiip. p. 777, pi. 9. p. 402, pi. 4. 13 October 1840, P. L. 7. James Wills"] In the Court of Common Pleas of Chester V. V County. John Gregg. J In Equity. To the Honorable, the Judges of the Court of Common Pleas of said County of Chester, sitting in Equity : James Wills of said county brings this his bill against John Gregg of the same place : And thereupon your orator complains and says, that on or about the first day of April, in the year of our Lord one thou- sand eight hundred and fifty-five, the complainant and the said John Gregg entered into partnership in the business of grocers, by agreement in writing, signed by your orator and the defend- ant, which writing was as follows, viz. (set it out, or "to the purport and effect following, that is to say") : as by the said agreement appears, and that in pursuance of said agreement your orator and the defendant each contributed and paid to the partnership stock, the sum of one thousand dollars ; and your orator further shows that the said copartnership business has been carried on by him and the defendant in pursuance of the said agreement, until the first day of April last, when the said 366 EQUITY. partnership was dissolved by its limitation, as is in said agree- ment stipulated : and your orator further shows that he has in all things conformed to the conditions and stipulations in said asrreement contained ; and that the defendant has since the commencement of said partnership and during the continuance thereof, been in the habit of receiving large sums of money, drawing checks and making promissory notes on the partnership account and has not duly and regularly entered said transac- tions in the partnership books of account, and that your orator has been kept in ignorance of the state of the transactions of said partnership : that the defendant has neglected and refused to pay to your orator his reasonable and proper share of the profits of said partnership, but has paid to your orator a very small portion of said profits, falsely pretending that the said portion was all the share to which your orator was entitled of the same. And your orator further shows to the Court that no settlement has been made of the said partnership accounts between him and the defendant, although he has repeatedly applied to the defendant for such settlement, but the defendant absolutely refuses to come to such settlement. And your orator charges, that there were large profits made by the carrying on of said partnership business, beyond the amount which your orator has received as aforesaid and that all the property and effects of the partnership, at the time of the dissolution thereof, were retained by the defendant, and since said dissolution the defendant has received large sums of money due to the said partnership ; and your orator further charges, that since the dissolution of said partnership, he has paid the sum of five hun- dred dollars in respect of the partnership debts, that upon a true and just settlement of said partnership accounts, it will appear that a large balance is due from the defendant to your orator in respect to said partnership. All which actings, pre- tences and refusals, are contrary to equity and good conscience, and tend to the manifest wrong of your orator, complainant in the premises : To the end therefore, that the defendant may, if he can, show why your orator should not have the relief hereby prayed, and may on his oath and according to the utmost of his knowledge, remembrance, information and belief, full, true, EQUITY. 367 direct and perfect answer make to such of the several inter- rogatories hereafter mentioned and set forth, as by the note hereunder Avritten he is required to answer ; that is to say : 1. Whether the orator and the defendant did not enter into partnership on the first day of April, one thousand eight hun- dred and fifty-five, under the articles of agreement in this bill above set forth, and whether the orator and the defendant did not each contribute and pay to the partnership stock, the sum of one thousand dollars, and whether the said partnership busi- ness was not carried on by the orator and the defendant in pur- suance of said agreement until the first day of April last, when it expired by its limitation as stipulated in said agreement. 2. Whether, &c. (following with the other interrogatories). And that an account may be taken of all and every the said partnership dealings and transactions, and that the defendant may be directed to pay to your orator, what, if anything, shall upon such account appear to be due from him ; your orator be- ing ready and willing and hereby ofi'ering to pay to the defend- ant, what if anything shall be due to him from the joint con- cern. May it please the Court, to grant unto your orator, the Com- monwealth's writ of Subpoena, directed to the said John Gregg, thereby commanding him at a certain day and under certain pain therein limited, personally to be and appear before this Honorable Court and, then and there, full, true, direct and perfect answer make to all and singular the premises, and fur- ther to stand to, abide by and perform, such further order, direction and decree, as to the Court shall seem meet, and that your orator may have such further and other relief as equity and good conscience may require. James Wills. David Bond, Solicitor for Plaintiff. 868 ERROR. Chester county, ss. James Wills being duly sworn says, that the statements ia the foregoing bill and account are true as he verily believes. Sworn and subscribed, May 15, ^ James Wills. 1860, before V John Graves, J. P. J The defendant, John Gregg, is required to answer the inter- rogatories numbered, 1, 2, 3, &c., &c. (stating all the numbers). I certify, that in my opinion, the case set forth in the fore- going bill is of such a nature that no adequate remedy can be obtained at law, (or "that the remedy at law will be attended with great additional trouble, inconvenience and delay.") David Bond, May 15, 1860. Plaintiff's Solicitor. Issue Subpoena in this case, returnable into the Prothono- tary's Office on the next rule day but one, to wit, on the first Monday in July next. David Bond, Plaintiff's Solicitor. James Davis, Esq., May 15, 1860. Prothonotary. ERKOR. 1. Precipe^ Affidavit and Recognisance in Error. p. 409, pi. 1. P. 410, pi. 8. P. 411, pi. 14. 22 May 1722, 1 Sm. L. 138. 11 March 1809, 5 Sm. L. 17. 16 June 1836, P. L. 762. John Gregg, Plaintiff in Error, ^ In the Supreme Court of V. V Pennsylvania, for the James Wills, Defendant in Error. J Eastern District. Issue Writ of Error to the Court of Common Pleas of Ches- ter County, to remove the record and proceedings in a certain action of Debt in said Court (No. 10, to January Term, 1859), ERROR. 369 in wliicli the said James Wills is plaintiff and tlie said Joiin Gregg defendant. Returnable to the next Term. Yours, &c., William Marshall, To James Davis, Esq., Attorney for Plff. in Error. Prothonotary, Sup. Court, E. D. March 1, 1860. Chester county, ss. John Gregg, the party purchasing said writ of Error, being duly sworn, says, that the same is not intended for delay. Sworn and subscribed March 1, 1860, before I jojjj, Gregg. James Davis, j Prothonotary. ^ Chester county, ss. We, John Gregg, the above-named plaintiff in Error, Enoch Rex and Seth Jones, all of said County of Chester, severally acknowledge ourselves to be indebted to the said James Wills, the defendant in Error, in the sum of one thousand dollars, to be levied of our respective goods and chattels, lands and tene- ments, and to be void on this condition, that the said John Gregg shall prosecute his said writ of Error with effect, and if the said judgment shall be affirmed, or the said writ of Error be discontinued or non-prossed, that he will pay the debt, dam- ages and costs that may be awarded upon said writ of Error. Taken and acknowledged March 1, 1860, before Townsend Haines, President of Court of Common Pleas of said county. John Gregg, Enoch Rex, Seth Lea. 24 3T0 ERROR. 2. Appeal from Orphans Court and Recognisance. P. 410, pi. S, p. 411, pi. 1.3, p. 769, pi. 49. 11 March 1809, 5 Stn. L. 17. 25 April ISJO, P. L. 574. 29 March 1832, P. L. 213. Ix THE Estate of John "l In the Orphans' Court of Chester Gregg, deceased. / County. January 1, 1860, James Gregg being aggrieved by the defini- tive decree of said Court, confirming the Administration ac- counts of Sarah Gregg, Administratrix of said John Grego-, deceased, appeals from the same to the Supreme Court. James Gregg. Chester county, ss. James Gregg, the above-named appellant, being duly sworn, says, that said appeal is not intended for delay. Sworn and subscribed, March 1, ") James Gregg. 1860, before V George Fisher, Clerk 0. C. J Chester county, ss. We, James Gregg, appellant above named, Enoch Rex and Seth Lea, all of Chester county, do severally acknowledge our- selves to be indebted to the said Sarah Gregg in the sum of five hundred dollars, to be levied of our goods and chattels, lands and tenements respectively, and to be void on condition that the said James Gregg shall prosecute his said appeal with effect, and shall pay all costs that may be adjudged against him. Taken and acknowledged, March 1, ") James Gregg, 1860, before V Enoch Rex, George Fisher, Clerk 0. C. J Seth Lea. 3. Precipe and Affidavit for Certiorari from Supreme Court to Quarter Sessions. p. 410, pi. 8. 11 March 1809, 5 Sm. L. 17. In the Matter of the Road leading ^ In the Supreme Court FROM Davis's School-house to V of Pennsylvania, Jones's Tavern. I Eastern District. ERROR. 371 Issue Certiorari on behalf of Enoch Rex, to the Court of Quarter Sessions of the Peace of Chester County, to remove the records and proceedings of said Court in the matter of the above-mentioned road. Yours, &c. William Marshall, To James Davis, Esq., Plaintiff's Attorney. Prothonotary of Sup. Ct. E. D. March 1, 1860. Chester county, ss. Enoch Rex, the party purchasing the above writ of Certiorari, being duly sworn, says, that the same is not intended for delay. Sworn and subscribed, March 1, "| Enoch Rex. 1860, before I George Fisher, Clerk Q. S. J 4. Precipe and Affidavit for Certiorari from Common Pleas to Justice of Peace. p. 413, pi. 24. 20 March 1810, 5 Sm. L. 171. ' f In the Court of Common Pleas of Chester ■ ( County. John Gregg, j Issue Certiorari on behalf of the defendant, to remove the proceedings had in the trial of the above case before Isaac Pinch, a Justice of the Peace of said county. Yours, &c. William Marshall, To James Davis, Esquire, Defendant's Attorney. Prothonotary. March 1, 1860. Chester county, ss. John Gregg, the party applying for the above writ, being duly SAVorn, says, that it is not for the purpose of delay, but that in his opinion, the cause of action in said case was not cog- nisable before a Justice (or that the proceedings proposed to be removed are, to the best of his knowledge, unjust and illegal), 372 ESCHEAT. and if not removed will oblige the deponent to pay more money to the plaintiff (or receive less from the defendant or, — as the case may be) in said case than is justly due. Sworn and subscribed, March 1, "j John Gregg. 1860, before V James Davis, Prothonotary. J ESCHEAT. 1. Information. p. 415, pi. 1. P. 418, pi. 19. 29 September 1787, 2 Sm. L. 425, 429. To Ephraim Banks, Auditor-General of the Commonwealth of Pennsylvania : You are hereby informed that Enoch Rex, in the Township of Penn in the County of Chester, within said Commonwealth, died on or about the first day of March instant, intestate, with- out heirs or any known kindred, seised and possessed at the time of his death of real and personal estate. Witness my hand, March 2, 1860. Signed in presence of ^ James Wills. Seth Lea, V John Gregg. J 2. Precept to Sheriff. P. 416, pi. 4. 29 September 17S7, 2 Sm. L. 426. Chester county, »s. •? The Commonwealth of Pennsylvania to the Sheriff of said County ; — Greeting : We command you to impannel and summon twenty-four good and lawful men of said county, to come before William Marshall, Deputy, duly appointed by the Auditor-General of ESCHEAT. 373 said Commonwealth, at the Court House in the borough of West Chester (or such other place as may be designated by the Deputy, naming the place), on the fifteenth day of March in- stant, to inquire whether as shall be alleged, Enoch Rex, of the Township of Penn in said County of Chester, has died in- testate, without heirs or any known kindred, and whether he was at the time of his death seised and possessed of any and what estate, real or personal, in said County of Chester, and also to inquire in whose hands or possession the said estate shall be : Witness the said Deputy, the first day of March, in the year of our Lord one thousand eight hundred and sixty. William Marshall. 3. Inquisition. p. 416, pi. 7, &c. 29 September 1787, 2 Sm. L. 426. Chester county, ss. Inquisition, taken on the fifteenth day of March, in the year of our Lord one thousand eight hundred and sixty, at the Court House in the borough of West Chester in said county, before William Marshall, Deputy of the Auditor-General of the Com- monwealth of Pennsylvania, to inquire whether Enoch Rex of said county has died intestate, without heirs and any known kindred, and whether he was, at the time of his death, seised and possessed of any and what estate, real or personal, in said county, and also to inquire in whose hands or possession the said estate may be, upon the oaths and affirmations of Seth Lea, James Robb, &c., &c., twenty-three (or as the case may be, not less than twelve), good and lawful men of said county, sum- moned and impannelled according to law, who, being respectively sworn and affirmed, and charged to inquire of the premises, do say, that the said Enoch Rex died on or about the first day of the present month of March in the said County of Chester, intestate, without heirs or any known kindred ; that the said Enoch Rex, at the time of his death, was seised of the real estate mentioned and described in a schedule marked A hereto annexed, and of 374 ESCHEAT. the personal estate mentioned in a schedule marked B hereto annexed : That the said real estate is in the possession of Abel Jones, who occupies the same under a lease from the said Enoch Rex, in his lifetime, which lease will expire on the first day of April next, and that the said personal estate is in the possession* of the said Abel Jones, all of which estate real and personal above mentioned, is in the said County of Chester ; and the said Inquest do further find that the said Enoch Rex was seised of certain other real estate, in the Township of Bristol, County of Bucks and State of Pennsylvania aforesaid, mentioned and de- scribed in a schedule hereto annexed marked C, and therefore the Inquest aforesaid do find that the said real and personal estate in the said County of Chester, and the said real estate in the said County of Bucks, has escheated to the Common- wealth of Pennsylvania : AVitness the hands and seals of the said Deputy and the In- quest aforesaid, the fifteenth day of March, in the year of our Lord one thousand eight hundred and sixty. William Marshall, [l. s.] JaxMes Robb, [l. s.] Seth Lea, [l. s.] &;c., &c. 4. Petition for Traverse. p. 417, pi. 14, 16, 17. 29 September 1787, 2 Sm. L. 427, 428. In the Matter of the") x y r^ . e r^ -m r- _, ^ In the Court of Common Pleas oi Escheated Estate of > ,-,, r^ , T^ -n 1 1 Chester County. Enoch Rex, deceased. J '' To the Honorable, the Judges of the Court of Common Pleas aforesaid : The petition of George Rex, Respectfully represents. That by an Inquisition taken on the first day of March, in the year of our Lord one thousand eight hundred and fifty-nine, taken before William Marshall, Deputy, duly appointed of the Auditor- General of Pennsylvania, it was found that Enoch Rex, above named, died intestate within the said county, without heirs or ESCHEAT. 375 any known kindred, and seised and possessed of certain real and personal estate in the said inquisition particularly specified, and that said estate liad escheated to the Commonwealth of Pennsylvania; that said inquisition was certified and trans- mitted by the said deputy into the office of the Prothonotary of this Court, on the third day of the same mouth of March, and a copy of the award of said jury of inquest on the same day was filed in the office of the said Prothonotary, and a like copy was, on the eighth day of the same month, filed in the ofiice of the Prothonotary of the Court of Common Pleas of the County of Bucks, being the counties in which said escheated property was found by the said inquest to be; and that on the first day of March, in the year of our Lord one thousand eight hundred and fifty-two, the said William Marshall, deputy aforesaid, made sale of said real estate to James Robb, who paid the purchase- money thereof, viz. : the sum of seven thousand dollars, to the State Treasurer according to law. The petitioner further represents, that he is an heir and one of the kindred of the said Enoch Rex, being the son of Mary Gregg, formerly Mary Rex, who was a sister of the said Enoch Rex dqceased ; that the said Mary Gregg died in the lifetime of the said Enoch Rex, leaving no husband, and leaving one child, viz. : the petitioner ; that at the time of the said sale your petitioner, being an inhabitant of the State of Pennsylvania, was an infant, and that he attained full age on the first day of May, in the year of our Lord one thousand eight hundred and fifty-eight, and not before. The petitioner therefore appearing and making claim to the said lands, prays the Court that he may be at liberty to tra- verse the aforesaid inquisition, and that the Court will make such order in the premises as is authorized by the Act of Assem- bly in such case made and provided. And he will, &c. George Rex. (Afiidavit of truth of petition to be appended.) V. George Rex. 876 ESCHEAT. 5. Traverse of Inquisition. p. 417, pi. 14, &c. 29 September 1787, 2 Sm. L. 427. The Commonwealth ] ^^ ^^" ^"^'* °^ ^°^^°^ ^^^^' "^ OF Pennsylvaxia ^ C,^^^*^^' ^°^^*:^- Of May Term, 1860. No. 10. In the matter of tlie Escheated Estate of Enoch Rex. Chester County, ss. By a certain inquisition taken at the court-house in the borough of West Chester, in said county, on the first day of March, in the year of our Lord one thousand eight hundred and fifty, before William Marshall, deputy of the Auditor- General of the Commonwealth of Pennsylvania in that behalf, to inquire amongst other things, whether the said Enoch Rex had died intestate, without heirs or any known kindred, it was found that the said Enoch Rex had died intestate without heirs or any known kindred, seised and possessed of certain estate, real and personal, in said inquisition specified, which estate had thereby escheated to the Commonwealth, as by the proceedings in said matter had will fully appear : And now. May 1, a. d. 1860, comes George Rex, by his attorney, John Worth, and prays Oyer of the said proceedings, and the same being read and heard, the said George complains that by reason of the finding in said inquisition, he is greatly injured ; because, protesting that the said inquisition and other proceedings are insufficient in law, for plea nevertheless says, that the said Enoch Rex died leaving heirs and known kindred, to wit, the said George, who is an heir and of the kindred of the said Enoch Rex ; without this, that the said Enoch Rex died without heirs or known kindred, and this the said George is ready to verify ; wherefore he prays judgment that the said inquisition and proceedings thereupon may be vacated and dis- charged, and that he may receive all the moneys received by the Commonwealth for the sale of the real estate of the said Enoch Rex, after all charges thereon shall be deducted. John AVorth, Attorney for George Rex. ESCHEAT. 377 6. MepUcation to Traverse and Similiter. p. 417, pi. 14, &c. 29 September 1787, 2 Sm. L. 427. ^ In the Court of Common Pleas of The Commonwealth m x n * ^ Chester County. . or Pennsylvania I ^^^ ^^^^ ^^^^^ ^g^^^ ^^^ ^^^ In the matter of the Escheated Estate J of Enoch Rex, deceased. And Samuel Douglass, Attorney- General of the Common- wealth, who prosecutes for the Commonwealth in this behalf, says, that by reason of anything by the said George Rex above in pleading alleged, that the said inquisition and proceedings thereon should not be vacated and discharged and the said George Rex should not receive the moneys in the said traverse mentioned, because he says that the said Enoch Rex did die in- testate without heirs or any known kindred ; and that the said George Rex is not an heir and of the kindred of the said Enoch Rex, and this the said Attorney-General prays may be inquired of by the country, &c. Samuel Douglass, Attorney- General. And the said George Rex does the like. 7. Petition for Issue on question of Reward. p. 418, pi. 21. 16 April 1827, 9 Sm. L. 441. In the Matter of THE^ r .^ r^ . c n -m c _, T-i I In the Court ot Common Pleas oi Esche.\ted Estate of V ^, ^ „ _, -n 1 1 I Chester County. Enoch Rex, deceased. J To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills Respectfully represents, That by an inquisition taken on the first day of March, in the year of our Lord one thousand eight hundred and sixty, before 378 ESCHEAT. William Marshall, deputy of the Auditor-General of the Com- mon-weal th of Pennsylvania, it was found that the said Enoch Rex had died intestate, without heirs or any known kindred, seised and possessed of real and personal estate in said inquisition specified and that said estate had escheated to the Common- wealth, which inquisition was certified and transmitted into the Prothonotary's Office of this county, on the second day of the same month of March, and on the same day filed therein by the said Prothonotary ; that the said lands produced the price of fire thousand dollars, and that the said goods and chattels pro- duced the price of nine hundred dollars, after all costs of prose- cution and charges of sale deducted therefrom : The petitioner further represents, that he first informed Ephraim Banks, Esq., the Auditor-General of the Commonwealth, of said Escheat, by writing signed by the petitioner in the presence of two wit- nesses, who subscribed their namas to said writing ; that he pro- cured the necessary evidence to establish the title of the Com- monwealth to the same and prosecuted the right of the Com- monwealth thereto with efi'ect ; that by virtue of the premises the petitioner became entitled to one-third part of the price of the said goods and chattels, to wit, the sum of three hundred dollars, and to one-fifth part of the price of the said real estate , to wit, the sum of one thousand dollars ; but so it is, that notwithstanding the facts as above set forth, one Abel Jones claims the said re- ward allowed by the laws regulating Escheats, and alleges that he, the said Abel Jones, gave the information aforesaid (or as the case may be). The petitioner therefore prays the Court to direct an issue to be formed between the petitioner and the said Abel Jones, to try their right to the reward aforesaid, according to the provisions of the Act of Assembly in such case made and provided. And he will, &c. James Wills. (Affidavit of truth of petition to be appended.) EXECUTION. 379 EXECUTION. 1. Suggestion and Plea of Freehold for Stay of Execution. P. 431, pi. 4. 16 June 1836, P. L. 762, James Wills "~| In the Court of Common Pleas of Chester V. y County. John Gregg. J Of January Term, 1860. No. 10. March 1, 1860 : Judgment against the defendant on award of Arbitrators for $600. And now, March 19, 1860, John Gregg, the defendant, gives the Court to understand that he is possessed of an estate of fee simple within the said County of Chester, worth the amount of the judgment recovered as above stated, clear of all encumbrances, wherefore he prays that exe- cution of the said judgment may stay for twelve months from the first day of January last, being the first day of the Term to which the said action has commenced. John Gregg. Chester county, ss. John Gregg above named, being duly sworn, says, that the statements in the above suggestion and plea are true as he verily believes. Sworn and subscribed, March -| John Gregg. 19, 1860, before James Davis, Prothonotary. 2. Recognisance for Stay. P. 431, pi. 5, 8. 16 June 1836, P. L. 762. 20 March 1845, P. L. 189. James Wills ""i In the Court of Common Pleas of Chester V. V County. John Gregg. J Of January Term, 1860. No. 10. March 1, 1860 : Judgment against the defendant on award of Arbitrators for 380 EXECUTION. Chester county, ss. Enoch Rex acknowledges himself to be indebted to James Wills, the above-named plaintiff, in the sum of fourteen hundred dollars, lawful money of the United States, to be levied of his goods and chattels, lands and tenements, and to be void upon condition that he, the said Enoch Rex, shall pay the amount of the above judgment, together with the interest and costs, in the event that the said John Rex shall fail to pay the same at the expiration of twelve months from the first day of January last, being the first day of the term to which the said action has commenced. Taken and acknowledged, March ^ Enoch Rex. 10, 1860, before James Davis, Prothonotary. March 10, 1869. I approve of the above security for stay of execution of the above-stated judgment. T. Haixes, Prest. Judo-e of said Court. 3. Request for Appraisers of Personal Property. p. 433, pi. 21. 9 April lSi9, P. L. 533. James Wills ^ In the Court of Common Pleas of Chester V. V County. John Gregg. J Fieri Facias to May Term, 1860. No. 2. To Jesse John, Sheriff of the County of Chester : You are hereby requested to summon three disinterested and competent persons to appraise the personal property, levied on by virtue of the said execution, which the undersigned, the debtor above-named, may elect to retain under the provisions of the Act of Assembly in this behalf made and provided. March 1, 1860. John Gregg. EXECUTION. 381 4. Summons and Return of Appraisers of Personal Property. p. 433, pi. 21. 9 April 1849, P. L. 633. James Wills ~| In the Court of Common Pleas of Chester V. > County. John Gregg. J Fieri Facias to May Term, 1860. No. 2. To Enoch Rex, Seth Jones and Abel Lea : You are hereby summoned to appraise, after having been duly sworn or affirmed, the personal property of John Gregg, the debtor in the above execution, which he may elect to retain to the value of three hundred dollars : Witness my hand the fifth day of March, a. d. 1860. Jesse John, Sheriff. To Jesse John, Sheriff of the County of Chester : We, the undersigned, summoned by virtue of the above sum- mons, having been duly sworn, well and truly and without pre- judice and partiality, to appraise the personal property elected to be retained by the said John Gregg as aforesaid and in all respects to perform our duties as appraisers to the best of our skill and judgment, do certify that we have appraised the said property as set forth in the Inventory hereto annexed. Witness our hands and seals the sixth day of March, a. d. 1860. Enoch Rex, [l. s.] Seth Jones, [l. s.] Abel Lea. [l. s.] Inventory of personal property elected to be retained by John Gregg, the defendant in the above-stated execution, viz. : One Red Cow, .... $20 00 One Horse Cart, ... 15 00 &c., &c. Appraised March 5, 1860. Enoch Rex, Seth Jones, Abel Lea, Appraisers 382 EXECUTION. 5. Request for Appraisers of Real Property. p. 433, pi, 21, 9 April 1849, P, L, 533, James "Wills "] In the Court of Common Pleas of Chester V. > County. John Gregg. J Fieri Facias to May Term, 1860. No. 2. To Jesse John, Sheriff of the County of Chester : The undersigned, the debtor above named, elects to retain real estate levied on under the above execution, to the value of three hundred dollars, and request's you to summon three dis- interested competent persons to appraise the same. John Gregg. March 1, 1860. 6. Summons of Apjoraisers of Real Property. p. 433, pi. 21, 22, 9 April 1849, P, L. 533. James Wills '\ In the Court of Common Pleas of Chester V. V County. John Gregg. J Fieri Facias to May Term, 1860. No. 2. To Enoch Ptex, Seth Jones and Abel Lea. Your are hereby summoned to appraise, after having been duly sworn or affirmed, the real property levied on under the above execution, to the value of three hundred dollars, elected to be retained by John Gregg, the debtor in the above execution. Witness my hand the fifth day of March, a, d. 1860. Jesse John, Sheriff. 7. Return of Appraisers Dividing. p. 433, pi. 22, 9 April 1849, P. L. 533. To Jesse John, Sheriff of Chester County : The undersigned, summoned by the above request, do certify that having been duly sworn, well and truly and without pre- judice or partiality, to appraise the real property elected to be retained by the said John Gregg, and in all respects to perform EXECUTION. 383 our duty as appraisers to the best of our skill and judgment, we went upon the real estate of John Gregg, the defendant in said Execution, levied on under the same, and having found that it is of greater value than three hundred dollars, do deter- mine that in our opinion, the said real estate can be divided without injury to or spoiling the whole, and have proceeded to set apart as much thereof as in our opinion shall be of sufficient value to answer the requirement of the defendant as aforesaid, and designate the portion so set apart by metes and bounds as follows, viz. : Beginning, &c. Witness our hands and seals, the fifth day of March, A. D. one thousand eight hundred and sixty. Enoch Rex, [l. s.] Seth Jones, [l. s.] Abel Lea. [l. s.] 8. Return of Ajypraisers 7iot Dividing. p. 433, pi. 23. 9 April 1849, P. L. 533. To Jesse John, Sheriff of Chester County : The undersigned, summoned by the above request, do certify that having been duly sworn, well and truly, and without pre- judice or partiality, to appraise the real property elected to be retained by the said John Gregg, and in all respects to perform our duty as appraisers to the best of our skill and judgment, we went upon the real estate of John Gregg, the defendant in said Execution, levied on under the same, and having found that the same is of greater value than three hundred dollars, do determine that in our opinion said real estate cannot be divided without prejudice to or spoiling the whole. Witness our hands and seals, the fifth day of March, A. D. one thousand eight hundred and sixty. Enoch Rex, [l. s.] Seth Jones, [j>. s.] Abel Lea. [l. s.] 384 EXECUTION. 9. Pi^ecipe to levy on Stock in another s JVame, Affidavit atid Recognisance. P. 434, pi. 27, 28. 16 June 1836, P. L. 767. James Wills In the Court of Common Pleas of Chester County. V. John Gregg. (See Judgment against Defendant, February I 1, 1860, in Judgt. Dock, H, p. 10.) Debt, 1500. Int. from Feb. 1, 1860. Costs, &c. Issue process in the nature of attachment upon said judg- ment, against the defendant, to levy upon ten shares in the Capital Stock of the Bank of Chester County, held in the name of Enoch Rex, with clause of summons to the said Enoch Rex, in the nature of Scire Facias against the garnishees in Foreign Attachment : returnable to the next term. Yours, &c. William Marshall, To James Davis, Esquire, Plaintiff's Attorney. Prothonotary. March 1, 1860. Chester county, ss. James Wills, the plaintiff in the above execution, being duly sworn says, that he verily believes that the above-mentioned ten shares in the Capital Stock of the Bank of Chester County, held in the name of Enoch Rex, is really the property of John Gveo'cr the above defendant. Sworn and subscribed, March ^ James Wills. 1, 1860, before V James Davis, Prothonotary. J Chester county, ss. We, James Wills, Setb Jones and Abel Lea severally ac- EXECUTION. 385 knowledo-e ourselves to be indebted to the Commonwealtli of Pennsylvania in the sum of five hundred dollars, lawful money of the United States, to be levied of our respective goods and chattels, lands and tenements, and to be void on this condition, that the said James Wills shall pay such damage as the Court may adjudge to the party to whom said stock shall really belong, in case the same shall not be the property of the defendant. (a) Taken and acknowledged, >^ James Wills, March 1, 1860, before I Seth Jones, James Davis, j Abel Lea. Prothonotary. ^ 10. Precipe to Levy on Stock in Defendant's Name. p. 434, pi. 29. 16 June 1836, P. L. 767. James Wills V. John Gregg. In the Court of Common Pleas of Chester County. ^ (See Judgment against Defendant, February 1, 1860, in Judgment Dock. H, p. 10.) Debt, $500. Interest from Feb. 1, 1860. Costs, &c. Issue process in the nature of an attachment upon said judgment against the defendant to levy upon ten shares in the Capital Stock of the Bank of Chester County, held in the name of the said John Gregg. (a) Yours, &c. William Marshall, James Davis, Esq., Plaintiff's Attorney. Prothonotary. March 1, 1860, 25 (a) See Lex v. Potters^ 4 Harris 295. 386 EXECUTION. 11. Claim of Ownership of Stock, Affidavit and Recognisance. p. 434, pi. 29. 16 June 1836, P. L. 767. -r ,,^ -, In the Court of Common Pleas of Chester James Wills | „ ( County. _ ' f Attachment Execution, May Term, 1860. John Gregg. I ^t -. a ■> j ' -' No. 10. May 1, 1860, Enoch Rex claims to be the owner of the stock levied on under the above execution. ExocH Rex. Chester county, ss. Enoch Rex, being duly sworn, says, that the ten shares in the Capital Stock of the Bank of Che-ster County, held in the name of John Gregg, the above-named defendant, and levied on by virtue of the above execution, is really the property of this deponent. Sworn and subscribed, May 6, ^ Enoch Rex. 1860, before " I James Davis, [ Prothonotary. Chester county, ^ss. We, Enoch Rex, Seth Jones and Abel Lea, severally ac- knowledge ourselves to be indebted to James Wills, the plaintiff in the above execution, in the sum of five hundred dollars, to be levied of our respective goods and chattels, lands and tene- ments, and to be void on this condition, That the said Enoch Rex shall pay to the said James AVills, such damages as the Court may adjudge to him, if the stock levied on under the above execution shall really belong to the said John Gregg, the defendant. Taken and acknowledged, May . Enoch Rex, 1, 1860, before I Seth Jones, James Davis, j Abel Lea. Prothonotary. ^ EXECUTION. 387 12. Order to admit Claimant of Stock to become a Party, ^e. p. 434, pi. 29. 16 June 1836, P. L. 767. T Txr -\ In the Court of Common Pleas of Chester James Wills.) ^ f County. r A \ Attachment Execution. ^''™'^''"'^"- J Of May Term, I860. No. 10. And now, May 1, 1860, Enoch Rex having claimed to be the owner of the stock levied on under the above execution, and having filed an affidavit and entered into Recognisance accord- ing to the Act of Assembly in such cases made and provided, the Court admit the said Enoch Rex to become a party to the record in the above case, and to take defence in like manner as if he were made garnishee in the writ issued in such case. 13. Precipe for Attachment Execution. p. 434, pi. 30. 16 June 1836, P. L. 767. James Wills ^ t ^ r^ o r^ \ in the Court ot Common V. > ^ „ , , T. I Pleas of Chester County. Jonx Gregg and James Robb. J "^ (See Judgment against Defendant, February 1, 1860, in Judg. Dock. H, p. 10.) Issue writ of attachment against the defendant to attach and levy in satisfaction of said judgment all debts and dividends due to the defendants and each of them, by Seth Jones and Abel Lea, assignees in trust for creditors of Enoch Rex, and all other debts, deposits, goods and chattels in hands or possession of said Seth Jones and Abel Lea, and insert in said writ of attachment, a clause in the nature of a Scire Facias against garnishee, &c., requiring the said Seth Jones and Abel Lea to appear at the next Term of said Court and show cause why said 388 EXECUTION. judgment shall not be levied of the effects of the defendants in their hands. Debt §500 Int. from February 1, 1860. Costs, &c. Yours, &c. AYiLLiAM Marshall, James Davis, Plaintiff's Attorney. Prothonotary. May 1, 1860. 14. Sheriff's Heturn to Attachment Execution. P. 435, pi. 31. 16 June 1836, P. L. 768. To the Honorable, the Judges of the Court of Common Pleas of Chester County : I, the within-named Sheriff, do certify and return that by virtue of the within writ, I did on the thirteenth day of June, A. D. 1855, go to the within-mentioned Seth Jones, and in pre- sence of Morgan Reese, a credible person of the neighborhood, attached and levied all debts and dividends due to the defend- ants or either of them by the said Seth Jones and Abel Lea, assignees in trust for creditors of Enoch Rex or either of them, and in the hands of the said Seth Jones as one of the said assignees, payable to the said defendants or either of them, especially certain dividends adjudged to be due to the within- named John Gregg and James Robb by the decree of the said Court, upon the report of George Boyd, Esquire, Auditor, distributing the balance of the estate of said Enoch Rex in the hands of said assignees. And also that I did on the same day personally give notice to the said Seth Jones and John Gregg of the contents of the said writ, and gave to each of them a true and attested copy thereof; and I do further certify and return, that I did on the twenty-seventh day of the same month go to the within-named Abel Lea, and in the pre- sence of Benjamin Passmore, a credible person of the neigh- borhood, attached and levied all debts and dividends due to the defendants and each of them by the said Seth Jones and Abel EXECUTION. 389 Lea, assignees aforesaid, or either of them, and in the hands of the said Abel Lea as one of the said assignees, payable to the said defendants or either of them, especially certain dividends adjudged to be due to the within-named John Gregg and James Robb, by the decree of the said Court upon the report of said George Boyd, Esquire, Auditor, distributing the balance of the estate of said Enoch Rex in the hands of said assignees ; and also that I did, on the last-mentioned day, give notice to the said Abel Lea personally of the contents of said writ, and gave him a true and attested copy thereof, and that the said James Robb is not a resident of the County of Chester. So answers, Jesse John, Sheriff. 15. Refunding Bond for Legacy Attached. p. 435, pi. 35. 13 April 1843, P. L. 235. ^ In the Court of Common Pleas of Chester James Wills | p, , f County. ' r Attachment Execution. John Gregg. ) ^^ ^^^ ^^^^^ ^^^^^ ^^^ ^^^ Know all men by these presents that we, James Wills, the plaintiff above named, Seth Jones and Abel Lea, all of the County of Chester, are held and firmly bound to Enoch Rex, Executor, &c., of Charles Gregg, late of the Township of Penn in said county, deceased, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Enoch Rex, his certain attorney, executors, administrators and assigns, to which payment well and truly to be made, we do bind our- selves jointly and severally, firmly by these presents ; Sealed with our seals, dated the first day of September, in the year of our Lord one thousand eight hundred and sixty : Whereas by virtue of the above attachment, a certain legacy of five hundred dollars, bequeathed by the will of the said Charles Gregg, deceased, to the said John Gregg the above- 390 EXECUTION. named defendant, was attached and levied upon and adjudged to be in the hands of the said Enoch Ilex, Executor aforesaid : Now the condition of this obligation is such, that if, after the payment of said legacy to the said James Wills, any debt or demand shall be recovered against the estate of the said Charles Grrcgg, or otherwise be duly made to appear, he, the said James Wills, shall refund the rateable part of such debt or demand and the costs and charges attending the recovery of the same, then this obligation shall be void, or else be and remain in full force and virtue. Sealed and delivered in the ^ ^ „^ r- -, r. I James Wills, [l. s. | presence ot ( ^ ^ ): i William Marshall, f S^th Jones, [l. s.] T T\ ■ J Abel Lea. Fl. s. | James Davis. ■- -■ 16. Interpleader — Application of Sheriff. p. 437, pi. 44. ]0 April 1848, P. L. 450. T TTT N In the Court of Common Pleas of Chester James Wills ^ f County. T ^;. (Of May Term, 1860. No. 10. John Gregg. ) _, , j; ' -^ Fieri Facias. To the Honorable, the Judges of the said Court : The petition of Jesse John, Sheriff of said county, Respect- fully represents. That by virtue of the above writ of Fieri Facias, he has levied on and taken possession of the goods contained in the inventory hereto annexed, as the property of the above defend- ant, and claim has been made to the said goods and chattels by Enoch Rex, who is not a party against whom said process issued : The petitioner therefore prays the Court to grant a rule upon the plaintiff in said Execution and the said Enoch Rex, to appear and maintain or relinquish their respective claims to the pro- perty levied on under the above Execution. And he will, &c. Jesse John, Sheriff. (Affidavit of truth of petition to be appended.) EXECUTION. 391 « 17. Interpleader — Affidavit of Claimant. p. 437, pi. 44. 10 April 1S48, P. L. 450. T ITT -V In the Court of Common Pleas of Chester James Wills ) f County. JohkGee««.J Of J% Term, 1860. No. 10. Fieri iacias. Chester county, ss. Enoch Rex, being duly sworn, says, that by virtue of the above writ of Fieri Facias, Jesse John, SherifiF of said county, has levied upon and taken in Execution the goods and chattels in the schedule hereto annexed ; that this deponent claims to be and is the owner of said goods and chattels. Sworn and subscribed, May 1 1860, before James Davis, Prothonotary. Enoch Rex. 18. Interpleader — Bond of Claimant. P 437, pi. 44. 10 April 1848, P. L. 450. James Wills V In the Court of Common Pleas of Chester County. JobnGregu.) Of May Tc™, 1860. No. 10. ^ Fieri Facias. Know all men by these presents, that we, Enoch Rex, Seth Jones and Abel Lea, all of the County of Chester, are held and firmly bound unto the above-named James Wills, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said James Wills, his certain attorney, executors, administrators and assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these pre- sents : Sealed with our seals, dated the first day of May, in the year of our Lord one thousand eight hundred and sixty : 392 EXECUTION. Whereas, Jesse Jolin, Sheriff of said County of Chester, by virtue of the above writ of Fieri Facias, has levied and taken possession of the goods in the annexed schedule specified, Tvhich goods are claimed by the said Enoch Rex to be his property ; and -whereas the said Court of Common Pleas, under the power granted them by the 9th section of the Act of April 10, 1848, to extend the Chancery powers of certain Courts, has directed an issue to determine whether the right of property to said goods and chattels levied upon and claimed as aforesaid, or any part thereof is in the said claimant : Now the condition of this obligation is such, that if the said goods and chattels levied upon and claimed as aforesaid, shall be forthcoming upon the determination of the said issue to answer the said writ of Execution, if the issue shall be de- termined in favor of the said James Wills, or if as many of such goods and chattels shall be forthcoming, as shall be deter- mined not to be the property of the said Enoch Rex, then this obligation to be void, or else to remain in full force and virtue. Sealed and delivered in the presence of James Davis, William Marshall. Enoch Rex, [l. s.] Seth Jones, [l. s.] Abel Lea. [l. s.] 19. Interpleader — Declaration, Plea, ^c. p. 437, pi. 44. 10 April 1S4S, P. L. 450. In the Court of Common Pleas of Chester County. Of August Term, 1860. No. 10. Chester county, ss. Enoch Rex of said county, complains of James Wills of said county : For that whereas heretofore, to wit, on the first day of May, in the year of our Lord one thousand eight hundred and sixty, before the making of the promise and undertaking of the defendant hereinafter mentioned, to wit, on the day and year aforesaid, at the county aforesaid, a certain discourse was had EXECUTION. 393 and moved by and between the plaintiff and defendant, -wherein a certain question then and there arose, that is to say, whether the right of property in certain goods and chattels, or any of them, viz. (specifying the goods and chattels) : which had been, heretofore, to wit, on the tenth day of April, in the year of our Lord one thousand eight hundred and sixty, levied upon by the Sheriff of said county, under and by virtue of a writ of Fieri Facias issued out of said Court, No. 10, to May Term thereof, in the year aforesaid, at the suit of the defendant herein, against one John Gregg, was in the plaintiff herein at the time of the said levy ; and in that discourse the plaintiff then and there affirmed that the right of property in the said goods and chattels was in him the plaintiff at the time of the levy thereupon ; which affirmation the defendant then and there contradicted, and then and there affirmed to the contrary thereof; and thereupon, afterwards, to wit, on the day and year aforesaid, at the county aforesaid, in consideration that the plaintiff at the special instance and request of the defendant, had then and there paid to the defendant the sum of one hundred dollars, lawful money of the United States, he the defendant undertook, and then and thero faithfully promised the plaintiff to pay him the sum of two hun- dred dollars of like lawful money, if the right of property in the said goods and chattels so as aforesaid levied on was at the time of the said levy thereon in the plaintiff; and the plaintiff in fact says, that the right of property in the said goods and chattels so as aforesaid levied on, was, at the time of the levy thereon, in him the plaintiff, to wit, at the county aforesaid, whereof the defendant, on the day and year aforesaid, at the county aforesaid, had notice : Whereby the defendant then and there became and was liable to pay the plaintiff the said sum of two hundred dollars, and being so liable the defendant, in consideration thereof, promised the plaintiff to pay him the said sum of two hundred dollars when he should be thereunto after- wards requested. Nevertheless, the defendant, although often requested, has not paid the plaintiff the said sum of money or any part thereof, but the same to him to pay has hitherto wholly refused and still 394 EXECUTION. does refuse, to the damage of the plaintiff, five hundred dol- lars. And therefore he brings suit, &c. William Marshall, Plaintiff's Attorney. And the defendant by George Boyd his attorney, comes and defends the wrong and injury, when, &c., and says, that the plaintiff ought not to have or maintain his aforesaid action thereof against him, because he says, that although true it is that the said discourse was had and moved by and between the plaintiff and the defendant, wherein the said question did arise as aforesaid and that he, the defendant, did undertake and promise in manner and form as the said plaintiff hath above in that behalf alleged, nevertheless, for plea in this behalf the defendant says, that the right of property in said goods and chattels so as aforesaid levied, was not at the time of said levy thereon in the plaintiff in manner and form as the plaintiff has above in that behalf alleged, and of this the defendant puts himself upon the country. George Boyd, Defendant's Attorney. And the plaintiff, as to the plea of the defendant above pleaded whereof the defendant has put himself on the country, does the like. William Marshall, Plaintiff's Attorney. 20. Affidavit of Irregular Sale, ^c. p. 438, pi. 45. 10 April 1849, P. L. 597. J "Wttt'^ ^ ^^ *^® Court of Common Pleas of the City ( and County of Philadelphia. John Greoo. J «? -M-J T"m, 1860. No. 10. Fieri Facias. Philadelphia county, ss. Enoch Rex, being duly sworn, says, that he is assignee for the benefit of creditors of the above defendant, John Gregg (or as the case may be) ; that the personal property of the said John Gregg was levied on by the Sheriff by virtue of the above exe- EXECUTION. 395 cution ; that the sale was made under the following circum- stances (set out the circumstances), and therefore was so irregu- lar and fraudulent as to produce a sacrifice of said property to the prejudice of this deponent and that said goods have not been delivered. Sworn and subscribed, April 10, 1860, before James Davis, Prothonotarj. Enoch Rex. James Wills V. 21. Notice of Rent Due. p. 438, pi. 47. 16 June 1S36, P. L. 777. }In the Court of Common Pleas of Chester County. Of May Term, 1860. No. 10. ±ieri Jfacias. To Jesse John, Sheriff of Chester county : Please to take notice, that the premises, upon which are the goods and chattels taken by virtue of the above execution, are held by the said John Gregg under a demise for one year from the undersigned, at a rent of two hundred dollars per annum ; that the said goods and chattels are liable to the distress of the undersigned as landlord, and that one hundred dollars of said rent was due at the time of the taking of said goods in execution. Enoch Rex. May 1, 1860. 22. Waiver of Inquisition. P. 439, pi. 51, 52. 16 June 1836, P. L. 777. >. In the Court of Common Pleas of Chester James Wills ) ^ ( County. i; (Of May Term, 1860. No. 10. John Gregg. J t7- • t, . May 1, 1860. I, Enoch Rex, being the owner of the Real 396 EXECUTION. Estate levied on under the above Fieri Facias, at the time of the issuing thereof, by title from the said John Gregg, do dispense with and waive an inquisition of the same as provided by Law. Enoch Rex. 23. Election of Plaintiff after Condemnatio7i. p. 441, pi. 65. 13 October 1840, P. L. 2. T ^ -nr ^ -x In the Court of Common Pleas of Chester James Wills ^ f County. John Gee««. J I' ^^i^ T^™' ^^^O. No. 10. ^ Fien Facias. To Jesse John, Sheriff of Chester county : I, James Wills, the above-named plaintiff, hereby signify my election to permit John Gregg the defendant, to retain the pos- session of the Real Estate levied upon under the above Execu- tion, at the annual valuation and appraisement of the same made by the inquest. Witness my hand the second day of May, a. d. 1860. James Wills. 24. AcceiJtance of Defendant after Condemnation. p. 441, pi. 65. 13 October 1840, P. L. 2. T TTT -s In the Court of Common Pleas of Chester James Wills ^ f County. T !!" I Of May Term, 1860. No. 10. John Gregg. ) _,. . j; . ' -' ±ieri Jtacias. To Jesse John, Sheriff of Chester county : You are hereby notified that I, John Gregg, the above-named defendant, am willing to retain the Real Estate levied on under the above Execution, at the annual valuation and appraisement thereof made by the inquest. Witness my hand, May 2, 1860. John Gregg. EXECUTION. 397 James Wills ^ 25. Affidavit of Non-payment of Rent after Acceptance. p. 441, pL 68. 13 October 1S40, P. L. 2. In the Court of Common Pleas of Chester County. ^' I Of May Term, 1860. No. 10. John Gregg. ) -^. .4, . -' Jiien J^acias. Chester county, ss. James Wills, the plaintiff above named, being duly sworn says, that an half-yearly instalment of the annual valuation and appraisement of the real estate levied on under the above execution and retained by him the said John Gregg, was due on the fifth day of November last, and that the said John Gregg has failed to make payment of the same for the period of thirty days. Sworn and subscribed, December . James Wills. 1, A. D. 1860, before I James Davis, f Prothonotary. ^ 26. Application to Distribute after Acceptance by Defendant. p. 441, pi. 69. 13 October 1840, P. L. 2. „, ^ In the Court of Common Pleas of Chester James Wills | „ I County. !!: (Of May Term, 1860. No. 10. John Gregg. ) ^. . ^ . ■^ j^ieri ±acias. To the Honorable, the Judges of the Court of Common Pleaa above named : The petition of Enoch Rex, a lien creditor of the above- named defendant. Respectfully represents. That the inquest under the above Fieri Facias, having been of opinion that the clear profits of the real estate, levied on by virtue of said execution, would be sufficient to pay the debt and damages to be levied by the same, together with the costs, beyond all reprises within seven years, did value the yearly rents 398 EXECUTION. and profits of said land beyond all reprises at the sum of five hundred dollars, and the plaintifi" having elected to permit the defendant to retain the possession of the same at the said annual valuation and appraisement, the defendant has notified to the Sheriff his willingness to retain said real estate at such valuation and appraisement. The petitioner therefore prays the Court to make an order directing the manner in "which the money arising from such half-yearly instalments shall be distributed amongst the lien creditors of said defendant. And he will, &c. Enoch Rex. (Afiidavit of truth of petition to be appended.) 27. Application to Sequester Life Estate. p. 443, pi. 81. 13 October 1840, P. L. 3. T- ,„ . In the Court of Common Pleas of Chester James Wills | ^ f County. ^' \ Of May Term, 1860. No. 10. John Gregg. I „. . -A . -^ ±ieri J^acias. To the Honorable, the Judges of the Court of Common Pleas above named : The petition of Enoch Rex, Respectfully represents, That he is a lien creditor of the above defendant John Gregg ; that by virtue of the above Fieri Facias, the life estate of the said defendant in a certain tract of land, viz. : A mes- suage, &c. (describing it), was taken in execution by the Sheriff; that said real estate is improved land, yielding rents, issues and profits. The petitioner therefore prays the Court to award a writ to sequester the rents, issues and profits of the said estate, and to appoint a sequestrator to carry the same into effect. And he will, &c. May 10, 1860. Enoch Rex. (Affidavit of truth of petition to be appended.) James Wills "] V. EXECUTION. 399 28. Bond of Sequestrator. p. 443, pL 83. 13 October 1840, P. L. 3. In tlie Court of Common Pleas of Chester County. ("Of May Term, 1860. No. 10. John Gregg. I ^. . ^ . ■' Mien lacias. Know all men by these presents, that we, George Boyd, Seth Jones and Abel Lea, all of said County of Chester, are held and firmly bound to the Commonwealth of Pennsylvania, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attor- ney or assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents; Sealed with our seals, dated the tenth day of May, in the year of our Lord one thousand eight hundred and sixty : g;, Whereas on the application of Enoch Rex, a lien creditor of said John Gregg, the said Court awarded a writ to sequester the rents, issues and profits of the life estate of the said John Gregg, taken in execution under the above writ of Fieri Facias, and did appoint the said George Boyd sequestrator, to carry said writ into effect : Now the condition of this obligation is such, that if the above bounden George Boyd, sequestrator aforesaid, shall faithfully execute his said trust, then this obligation shall be void, or else be and remain in full force and virtue. Sealed and delivered in^ George Boyd, [l. s.] presence of f Setii Jones, [l. s.] Job Mann, | Abel Lea. [l. s.] David Bond. ^ 400 EXECUTION. 29. Notice to Sheriff to Appraise Yearly Value of Life Estate. p. 444, pi. 86. 24 January 1849, P. L. 676. _ ,„ ^ In the Court of Common Pleas of Chester James A\ills j ^ f County. '"' ( Of May Term, 1860. No. 10. John Gregg. I _. , j; . ^ Jtteri ±aeias. To Jesse John, Esq., SheriflF of the said County of Chester: You are hereby requested to cause the inquest to be held by you on the lands taken in execution, by virtue of the above Execution, to make appraisement of the yearly value of the lands so taken by you, in which I, the above defendant, have a life estate, and return the same according to law. John Gregg. April 20, 1860. 30. Notice to Plaintiff of Request to Value Life Estate. p. 444, pi. 86. 24 January 1849, P. L. 676. ^ In the Court of Common Pleas of Chester James \v ills | ^ I County. ^- ( Of May Term, 1860. No. 10. John Gregg. \ ^. . d. . -' Fieri iacias. To James Wills, plaintiiF above named : Please to take notice, that I have requested the Sheriff of said county to cause the inquest to be held on the lands taken by virtue, of the above Execution in which I, the defendant above named, have a life estate, to make an appraisement of the yearly value of said lands, and to return the same accord- ing to law. John Gregg. April 20, 1860. EXECUTION. 401 31. Inquisition of Lands in Adjoining Counties. p. 444, pi. 87. 13 June 1840, P. L. 692. Inquisition taken at the OfiBce of the Sheriff of the County of Chester, on the twenty-seventh day of April, in the year of our Lord one thousand eight hundred and sixty, before Jesse John, Sheriff of said county, by virtue of the annexed writ of Levari Facias, on the oaths and affirmations of Seth Jones, &c. (set out names), twelve honest and lawful men of his bailiwick, who, upon their oaths and affirmations aforesaid do say ; that the land taken in execution by virtue of said writ, viz. : (describing it), being part of the following described land lying in the said County of Chester and Berks, viz.: (describing it), cannot be sold sepa- rately and apart from the other part lying in said County of Berks, without prejudice to the whole (or as the case may be); and the inquest aforesaid, on their oaths and affirmations afore- said, do further say, that the following described part of said tract of land lying in the said County of Berks, viz. : (describing it), (or all such land lying in the said County of Berks, as the case may be), ought to be sold with that part in the County of Chester, taken in execution as aforesaid. In witness whereof as well the said Sheriff as the inquest aforesaid, have to this in- quisition set their hands and seals the day and year aforesaid. Jesse John, [l. s.] Sheriff. Seth Jonep, [l. s.] &c., &c. 32. Suggestion and Affidavit for Testatum Fieri Facias. p. 445, pi. 91. 16 June 1836, P. L. 775. T Wrrm'^ ^^ ^^^ Court of Common Pleas of Chester ( County. ' I Judgment against Defendant, February 1, JOHN IxREGG. ) ^^^^^ ^^^ ^^^^^ g^^ ^^^^^^ ^^^^ ^^^ ^ ^ April 1, 1860, James Wills, the plaintiff above-named, sus:- 26 ^ 402 EXECUTION. gests that Jolin Gregg, the defendant in said judgment, has no real or personal estate in the County of Chester. James Wills. Issue Testatum Fieri Facias on the above judgment, to the County of Bucks. Returnable to next term. Debt, $500. Interest from February 1, 1860. Costs, &c. Yours, &c. William Marshall, Plaintiff's Attorney. To James Davis, Esq., April 1, 1860. Prothonotary. Chester county, ss. James Wills, being duly sworn says, that the above sugges- tion is true as he verily believes. Sworn and subscribed, April 1, ^ James Wills. 1860, before V James Davis, Prothonotary. J 33. Receipt of Lien Creditor Purchaser. p. 446, pL 100. 20 April 1846, P. L. 411. -r ,,j -. In the Court of Common Pleas of Chester James Wills ) f County. -r li (Of May Term, 1860. No. 10. John Gregg. I _^ ,. . . „ Venditioni iLxponas. I, Enoch Rex, purchaser of the land sold under the above execution and, as a lien creditor of the said John Gregg, being entitled to receive the sum of five hundred dollars, a portion of the proceeds of such sale, acknowledge to have received from Jesse John, Sheriff of said county, the said sum of five hun- dred dollars, agreeably to the provisions of the Act relative to lien creditors becoming purchasers, passed the twentieth day of April, A. D. 1846. Enoch Rex. EXECUTION. 403 34. Return of Sheriff on Purchase of Lien Creditor. p. 446, pi. 101. 20 April 1846, P. L. 411. To tlie Judges within named : I, Jesse John, the within-named Sheriff, do certify and return, that by virtue of the annexed writ, after due public and timely notice of the time and place of sale, I did, on the first day of April last, expose the premises within mentioned to sale, by public vendue or outcry, and sold the same to Enoch Rex of said county, for the sum of one thousand dollars, he being the highest and best bidder and that the highest price bidden for the same ; and I do further return, that the said Enoch Rex, the above-named purchaser, is a lien creditor of the said John Gregg, the defendant, entitled as such to receive the sum of five hundred dollars of the proceeds of said sale ; — that I have received the receipt of the said Enoch Rex for said sum, and hereto attach a list of the liens on said Real Estate so sold as aforesaid ; and the remainder of the moneys for which said land was sold, I have ready before the Judges aforesaid at the day and place within contained, as within I am commanded. Jesse John, Sheriff. 35. Application for Issue. P. 446, pi. 101, 104. P. 447, pi. 105. 20 April 1846, P. L. 411. 16 June 1836, P. L. 777. ■^ In the Court of Common Pleas of Chester James Wills County. V. V Of May Term, 1860. No. 10. John Gregg. Venditioni Exponas. Money in Court. To the Honorable, the Judges of the Court of Common Pleas above named : The petition of Enoch Rex, Respectfully represents. That he is a lien creditor of the above-named John Gregg, 404 EXECUTION. the defendant and as such, interested in the distribution of the money in Court, that there are material facts in dispute in relation to said distribution, the nature and character of which arc as follows, viz. (set out the facts). The petitioner therefore prays the Court to direct an issue to try said disputed facts. (a) And he will, &c. Enoch Rex. (Aflfidavit of truth of petition to be appended.) 36. Refunding Bond after Distribution and Appeal. p. 447, pi. 111. 16 June 1836, P. L. 77S. -.In the Court of Common Pleas of Chester James vV ills | ^ ( County. '"' f Of May Term, 1860. Ko. 10. John Gregg. J ^r j-/- ■ t^ Venditioni ±jxponas. Know all men by these presents, that we, Enoch Rex, Seth Jones and Abel Lea, all of the said County of Chester, are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of one thousand dollars, lawful money of the United States, to be paid to the Commonwealth, her certain attorney and assigns, to which payment well and truly to be made, we do bind ourselves, jointly and severally, our heirs, executors and administrators, firmly by these presents ; Sealed with our seals, dated the first day of June, in the year of our Lord one thou- sand eight hundred and sixty : Whereas by a decree of the said Court of Common Pleas, distributing the money in Court under the above-stated execu- tion, the said money, to wit, the sum of five hundred dollars, was ordered to be paid to the said Enoch Rex, and whereas James Robb has appealed from said decree to the Supreme Court of Pennsylvania, and the said Court of Common Pleas has ordered the said money to be paid to the said Enoch Rex upon his giving sufiicient real security to refund, according to the Act of Assembly in such case made and provided : (a) See Biddle v. King, 1 Phila. Rep. 394. EXECUTION. 405 Now the condition of this obligation is such, that if the said Enoch Rex shall refund the said sum of five hundred dollars with interest thereon, or so much thereof as shall be required by the Court, if said decree shall be reversed or altered, then this obligation to be void, or else to be and remain in full force and virtue.(a) Sealed and delivered in >. Enoch Rex, [l. s.] the presence of ( Seth Jones, [l. s.] George Boyd, f Abel Lea. [l. s.][ John Rea. 37. Petition for the Successor of Deceased Sheriff to Acknow- ledge Deed. p. 449, pi. 122. 16 June 1836, P. L. 780, ,^^ -, In the Court of Common Pleas of Chester James Wills ) ^ f County. ^ ' (Of May Term, 1860. No. 10. John Gregg. J _ ^.\ .^' Venditioni iLxponas. To the Honorable, the Judges of the Court of Common Pleas of said County of Chester : The petition of James Wills, the plaintiff in the above-named execution, Respectfully represents, That by virtue of the same, a certain messuage and tract of land (describing them), the pro- perty of the defendant, was, on the twentieth day of April last, sold by Jesse John, then Sheriff of said county, to Enoch Rex, for the sum of one thousand dollars ; that since the said sale and before the execution and acknowledgment by him of any deed for the said real estate, the said Jesse John has died. The peti- tioner therefore prays the Court, by an order to be entered on the records thereof, to direct William Keen, the present Sheriff, to execute a deed of said real estate to the said Enoch Rex, (a) This is given as the form of bond; hut as the Act of Assembly requires " real security," the bond should be secured by mortgage, and be accompanied bv a warrant of attorney to confess judgment. 406 EXECUTION. upon the terms required by the Act of Assembly in such case made and provided. And he will, &c. James Wills. (Affidavit of truth of petition to be appended.) 38. Petition for Sheriff to Perfect Defective Deeds. p. 449, pi. 124. 16 June 1S36, P. L. 7S0. -. In the Court of Common Pleas of Chester James vvills ) ^ f County. ^' (Of May Term, 1860. Ko. 10. John Gregg. I „ 7./. . ^ ^ Venditioni Ji,xponas. To the Honorable, the Judges of said Court : The petition of Enoch Rex of said county, Respectfully re- presents, That the petitioner is the purchaser of a messuage and tract of land, &c. (describing them), sold by virtue of the above execution, as the property of John Gregg, the defendant ; that he has paid the purchase-money of the same and all the costs and charges for which he was liable ; that a deed for the same was executed by Jesse John, Sheriff of said county, which is informal and defective for the following reasons, viz. (set out particulars of informality). The petitioner therefore prays the Court, by an order to be entered on the records of said Court, to compel the said Sheriff to perfect the title to the petitioner as purchaser aforesaid. And he will, &c. Enoch Rex. (Affidavit of truth of petition to be appended.) EXECUTION. 407 39. Petition to Perfect Defective Return. p. 449, pi. 125. 21 April 1846, P. L. 430. T ixr ^ In the Court of Common Pleas of Chester James Wills ) ( County. John Gregg. J Of May Term, 1860. No. 10. Venditioni Exponas. To the Honorable, the Judges of said Court : The petition of Enoch Rex, Respectfully represents, That certain real estate, viz., a messuage, &c. (describing them), was sold on the twentieth day of April last, by the Sheriff of said county, under the above execution, as the pro- perty of the defendant, John Gregg, and purchased by the petitioner ; and that said Sheriff has made a defective and informal return of bis proceedings on said execution ; as ap- pears by the facts herein set forth, viz. (set out facts). The petitioner therefore prays the Court to direct notice to be given to the defendant in said execution and all other persons interested therein, to appear in this Court on a day certain to be fixed by the Court, to answer this petition, and that the Court will thereupon examine into the facts of the case and make such order and decree therein as justice and equity may require and is directed by the Act of Assembly in such case made and provided. And he will, &c. Enoch Rex. (Aflfidavit of truth of petition to be appended.) 40. Notice to Quit after Sheriff's Sale. p. 450, pi. 128. 16 June 1836, P. L. 780. James Wills ^ ^^ *^^® Court of Common Pleas of Chester I County. John Gregg. [Of May Tern,, 1860. No. 10. Venditioni Exponas. To John Gregg, defendant above named : lou are hereby notified, that the lands sold by virtue of the 408 EXECUTIOX. above execution aa your property, situate, &c. (describing them), and now in your possession, were purchased by me, and that a deed from the SherifiF to me was duly acknowledged on the first day of May instant. I therefore require you to surrender to me possession of said lands within three months from the date hereof. Witness my hand the second day of May, A. D. 1860. Enoch Rex. 41. Petition to Justices to obtain Possession after Sheriff's Sale. p. 450, pi. 129, 130. 16 June 1836, P. L. 781. James Wills V. John Gregg. In the Court of Common Pleas of Chester County. Of May Term, 1860. Ko. 10. Venditioni Exponas. To John Graves and John Newlin, Esquires, Justices of the Peace of said county : The petition of Enoch Rex, Respectfully represents, That by virtue of the above execution, he purchased at Sheriif's sale a certain messuage, &c. (describing them), as the property of the defendant, John Gregg, and that a deed to the petitioner for the same was duly acknowledged by the Sheriff of said county on the first day of May last ; that John Gregg, the defendant, is now in possession of the same and has had notice, in accordance with the Act of Assembly in such case made and provided, of said sale to the petitioner, and was required to give up said estate three months previously to this application, viz., on the second day of the said month of May ; that the said John Gregg ha« refused and neglected, and still does refuse and neglect to comply with said notice and requi- sition, and give up said estate as aforesaid : The petitioner therefore prays the said Justices, to issue a warrant directed to the Sheriff" of said county, commanding him to summon a jury of twelve men of his bailiwick, to appear before said Justices at a time and place to be specified within four days after the issu- EXECUTION. 409 ing thereof, and also to summon the said John Gregg to appear before said justices and jury and show cause, if any he has, why the delivery of possession of said lands and tenements should not forthwith be given to the petitioner. And he will, &c. Enoch Rex. (Affidavit of truth of petition to be appended.) 42. Warrant to Sheriff to summon Jury for PurcJiaser, ^^c. p. 450, pi. 130. 16 June 1836, P. L. 781. Chester county, ss. The Commonwealth of Pennsylvania to the Sheriff of the County of Chester ; — Greeting : Whereas we have been informed by the petition of Enoch Rex, that he has purchased at a Sheriff's sale, a certain mes- suage, &c. (describing them), late the property of John Gregg, and that a deed for the same to the said Enoch Rex, was duly ac- knowledged by the said Sheriff on the first day of May last past, that the said John Gregg is now in possession of said pre- mises, has had notice of said sale and was required to give up said estate more than three months before the application of said petitioner ; that the said John Gregg has refused and still does refuse to comply with the notice and requisition of the pe- titioner as aforesaid : We therefore command you, that you sum- mon a jury of twelve men of your bailiwick, to appear before the undersigned, two of the Justices of the Peace of said county, at the house of Seth Lea, in the borough of West Chester in said county, on the sixth day of August instant, to inquire of such things as may be submitted to them in the premises, and also that juu summon John Gregg of said county, to appear before the said justices and jury at the same time and place, to show cause, if any he has, why delivery of possession of said estate sliould not be forthwith given to the petitioner. Witness the hands and seals of the said justices, the second day 410 EXECUTION. of August, in the year of our Lord one thousand eight hun- dred sixty. JoHx Graves, [l. s.] John Newlin. [l. s.] 43. Justices Record in Proceedings for Possession of Purchaser. p. 450, pi. 129. 16 June 1836, P. L. 781. Enoch Rex ^ Before John Graves and John Newlin, Es- V. V quires, Justices of the Peace of the County John Gregg. J of Chester. August 2, 1860. The petition of Enoch Rex verified by his oath, was presented to the said Justices, setting forth that the petitioner had purchased at Sheriff's sale, a certain messuage, &c. (describing them), sold as the property of John Gregg, and that the deed for the same to the petitioner had been duly acknowledged by the Sherifi" of Chester County on the first day of March last ; that the said John Gregg being in possession of said premises at the time of this application, was duly notified of the sale of the same to the petitioner and required to give up said estate three months previously to said application : Whereupon, — same day, a warrant was issued by said Justices to the Sheriff of Chester County, commanding him to summon a jury of twelve men, to appear before the said Justices, at the house of Seth Lea, in the borough of West Chester in said County of Chester, on the sixth day of August instant, to in- quire of the premises, and also to summon the said John Gregg to appear before the said Justices and jury at the same time and place, and show cause, if any he had, why delivery of the possession of the said messuage, &c., should not be given to the petitioner. And now, August 6th, 1860, the said jury having come be- fore the said Justices, at the time and place in said warrant named, and the said John Gregg having also appeared, and the said jury having been duly sworn and affirmed, the said justice EXECUTION. 411 and jury proceeded to inquire of the premises, and found that the said Enoch Rex has become the purchaser of the real es- tate in his petition mentioned, viz, : a messuage, &c. (describing it), at the sale of the Sheriff of the same, as the property of the said John Gregg, and that a Sheriff's deed therefor was duly acknowledged by the Sheriff aforesaid, on the first day of May last ; that the said John Gregg, the person now in posses- sion of said real estate, was the defendant in the execution under which the same was sold, and has had notice of said sale and of the requisition of the said Enoch Rex to give up said estate three months previously to his said application ; and that the said John Gregg has refused and neglected to comply with said notice of requisition to surrender the possession of said premises to the petitioner, and the jury assessed the sum of one hundred dollars against the said John Gregg as damages for the unjust detention of the premises : — whereupon the said Justices, same day, do award possession of said real estate to the said Enoch Rex, and enter judgment against the said John Gregg for the sum of one hundred dollars, the damages afore- said, and the sum of fifty dollars as the reasonable costs taxed by said Justices. Same day, — warrant issued by the Justices to the Sheriff of said county, forthwith to deliver to the said Enoch Rex, full possession of said lands and tenements, and to levy the costs and damages aforesaid. 44. Inquisition for Possession of Purchaser. p. 450, pi. 132. 16 June 1836, P. L. 781. Inquisition, taken at the house of Seth Lea, in the borough of West Chester and County of Chester, on the sixth day of August, A. D. one thousand eight hundred and sixty, before John Graves and John Newlin, Esquires, two of the Justices of the Peace of said county, upon the oaths and affirmations of Abel Jones, James Robb, &c., &c., twelve men of said County of Chester, who being duly sworn and affirmed and charged to 412 EXECUTION. inquire of the premises, do say, that Enoch Rex, in the annexed ■warrant named, has become the purchaser of the real estate therein mentioned, viz. : (describing it), by purchase at SheriflTs sale, as the property of the therein-named John Gregg, and that a SheriiF's deed therefor to the said Enoch Rex was duly acknowledged, on the first day of May last ; that the said John Gregg, now in possession of said real estate, was the de- fendant in the execution under which the same was sold ; that he has had three months* notice of said sale and of the requisi- tion of the said Enoch Rex to surrender the possession there- of to him previously to the said application and that the said John Gregg has hitherto refused and neglected to comply with said notice and requisition ; and the jury do assess the damages against the said John Gregg for the unjust detention of the premises, at the sum of one hundred dollars. In witness whereof, as well the said Justices as the jury aforesaid, have to this inquisition set their hands and seals, the day and year first above written. JoHX Graves, [l. s.] JoHX Newlin, [l. s.] James Robb, [l. s.] Abel Jones, [l. s.] &c., &c. 45. Warrant to Sheriff to deliver Possession. p. 450, pi. 135. 16 June 1836, P. L. 782. Chester county, ss. The Commonwealth of Pennsylvania, to the Sheriff of the County of Chester ; — Greeting : Whereas the undersigned. Justices of the Peace of said County, on the sixth day of August, A. D. one thousand eight hundred and sixty, did award the possession of certain real es- tate, viz. : (describing it), now held by John Gregg, to Enoch Rex, and did also enter judgment against the said John Gregg, for the sum of one hundred dollars, damages sustained by the EXECUTION. 413 said Enoch Rex, by reason of the unjust detention of said pre- mises by the said John Gregg, together with fifty dollars costs of said proceeding. These are therefore to command you, forthwith to deliver to the said Enoch Rex, his heirs or assigns, full possession of said lands and tenements and levy the said sums of fifty dollars costs and one hundred dollars damages of the estate of said John Gregg, and for so doing this shall be your sufiicient war- rant. Witness the hands and seals of said Justices, the sixth day of August, A. D. one thousand eight hundred and sixty. John Graves, [l. s.] John Newlin. [l. s.] 46. Affidavit of Tenant of Title in Himself. p. 451, pi. 137, I. 16 June 1836, P. L. 782. Enoch Rex ^ Before John Graves and John Newlin, Es- V. V quires. Justices of the Peace of Chester James Robb. J County. Proceedings to obtain possession of real estate purchased at Sheriff's sale. Chester county, ss. James Robb, above named, being duly sworn says, that he has not come into possession of the premises, the subject of the above proceedings, viz. (describe them), and does not claim to hold them under John Gregg, the defendant in the execution under which the said Enoch Rex alleges that he purchased, but that the deponent came into possession of said premises and claims to hold the same in his own right, by conveyance from Charles Gregg, dated April 1, 1858 (stating title in short). Sworn and subscribed. May 1, ^ James Robb. A. D. 1860, before V John Graves, J. P. J 414 EXECUTION. 47. Affidavit of Tenant of Title from Defendant before Judgment. p. 451, pi, 137, II. 16 June 1836, P. L. 782. Enoch Rex '\ Before John Graves and John Newlin, Es- V. V quires, Justices of the Peace of Chester 1 James Robb. J County. Proceedings to obtain possession of real estate purchased at Sheriflf's sale. Chester county, ss. James Robb, above named, being duly sworn says, that he has come into possession of the premises, the subject of the above proceedings, viz. (describe them), by title derived to him from John Gregg, the defendant in the execution under which the same were sold, before the judgment under which the said execution and sale took place, to wit, by lease of said premises from the said John Gregg, dated the first day of April, A. D. 1858, for the term of five years (or as the case may be), which term will expire on the first day of April, A. D. 1863. Sworn and subscribed, May ^ James Robb. 1, 1860, before V John Graves, J. P. J 48. Affidavit of Tenant of Title in Third Person. p. 451, pi. 138. 16 June 1836, P. L. 782. Enoch Rex ^ Before John Graves and John Newlin, Es- V. V quires. Justices of the Peace of Chester James Robb. J County. Proceedings to obtain possession of real estate purchased at Sheriff" 's sale. Chester county, ss. James Robb, above named, the person in possession of the premises, the subject of the above proceeding, viz. (describe EXECUTION. 415 them), being duly sworn, says, that he does not hold the same under John Gregg, the defendant in the execution under which the sale took place, but under Seth Lea, by a lease from the said Seth Lea, dated April 1, 1858, for the term of three years. Sworn and subscribed, August 1, ^ James Robb. 1860, before V John Graves, J. P. I 49. Summons to Person utider whom the Tenant Claims to Hold. p. 451, pi. 138. 16 June 1836, P. L. 782. Enoch Rex "] Before John Graves and John Newlin, Es- V. y quires. Justices of the Peace of Chester James Robb. J County. Proceedings to obtain possession of real estate purchased at Sheriff's sale. Chester county, ss. The Commonwealth of Pennsylvania, to Seth Lea ; Greeting : Whereas, James Robb, above named, being the person in possession of the premises claimed in said proceedings, viz. (describe them) : has made oath before said Justices, that he does not hold the same under John Gregg, the defendant in the execution under which the sale took place, but under you, the said Seth Lea, by lease dated April 1, 1858, for the term of three years. These are therefore to command you, the said Seth Lea, to appear before the said Justices at the office of the said John Graves in the Borough of West Chester, on the twenty-fifth day of May instant, A. D. 1861, at ten o'clock in the forenoon of said day, then and there to make oath or affirmation, and enter into recognisance, according to the Act of Assembly in such case made and provided. Witness the hands and seals of the said Justices, the first day of May aforesaid. John Graves, [l. s.] John Newlin. [l. s.] 416 EXECUTION. 60. Oath of Person under whom Tenant Claims. p. 451, pi. 139. 16 June 1836, P. L. 783. Enoch Eex \ Before John Graves and John Newlin, Es- V. V quires, Justices of the Peace of Chester James Robb. J County. Chester county, ss. I, Seth Lea, do swear, that I verily believe that I am entitled to hold the premises in dispute against Enoch Rex the peti- tioner ; that I do not claim the same by, from or under John Gregg the defendant, as whose property the same were sold (or " that I do not claim the same by, from or under the defendant John Gregg, as whose property the same were sold, by title derived to me subsequent to the rendition of the judgment under which the same were sold," or as the case may be), but by a different title, viz. (state title in short). Sworn and subscribed, May 25, ^ Seth Lea. A. D. 1861, before \ John Graves, J. P. j 51. Recognisance of Persons Claiming Lands Purchased, ^c. P. 451, pi. 140. 16 June 1S36, P. L. 783. Enoch Rex ^ Before John Graves and John Newlin, Es- V. V quires. Justices of the Peace of Chester James Robb. J County. Chester county, ss We, James Robb above named, Seth Jones and Abel Lea, severally acknowledge ourselves to be indebted to the above- named Enoch Rex, in the sum of one thousand dollars, lawful money of the United States, to be levied of our respective goods and chattels, lands and tenements and to be void upon condi- tion, that the said James Robb shall appear at the next Court of Common Pleas of said county, and then and there plead to any declaration in ejectment which may be filed against him, and thereupon proceed to trial in due course of practice, and in FINES. 417 case he, the said James Robb, should fail therein, that he "will deliver up the premises, the subject of the said proceedings, viz. : (describe them), to the said Enoch Rex, and pay him the full value of the rents or mesne profits of said premises, accrued from the time of the purchase, with all costs and dama- ges. Taken and acknowledged, Maj^ James Robb, 25, A. D. 1861, before I Seth Jones, John Graves, f Abel Lea. John Newlin. ^ FINES. 1. Petition to remit Recognisance. p. 478, pi. 10. 9 December 1783, 2 Stn. L. 86. Commonwealth of^ t ,, ^ . c r\ ^ o • ^ m In the Court oi Quarter bessions oi Ches- Pennsylvania ; , n ^ 1 1 -^i, A u \ ter County : — charged with Assault ' and Battery on Enoch Rex. John Gregg, j To the Honorable, the Judges of said Court : The petition of James Wills, Respectfully represents, That the petitioner on the first day of May last, was bound to the Commonwealth of Pennsylvania in recognisance, acknowl- edged in this Court, in the sum of five hundred dollars, conditioned that the defendant above named should be and appear at the then next sessions of said Court, to be held on the first Monday in April last, to answer the said charge of assault and battery and such other matters as should be then and there lawfully objected against him, and not depart the said Court without leave : that the said defendant did not appear according to the condition of said recognisance, whereby the same was forfeited in this Court : The petitioner further represents that (set out the facts on which the application is grounded) : He therefore prays the Court to hear the circumstances of the case and on such hearing to 27 418 FINES. moderate or remit said recognisance according to Equity and their legal discretion. And he will, &c. June 10, 1860. James Wills. (Affidavit of truth of petition to be appended.) 2. Appeal from Order of Quarter Sessions hi Forfeited Re- cognisance. P. 410, pi. 8. p. 411, pi. 14. p. 478, pi. 11. 13 April 1791, ."? Sm. L. 34. 16 June 1886, P. L. 762. 2 December 1783, 2 Sm. L. 86. The Commonwealth OF Pennsylvania V. In the Court of Quarter Sessions of the Peace of Chester County: — I charged with Assault and Battery John Gregg. j on Enoch Rex. Upon petition of James Wills, recognisor with said defend- ant, for an order to moderate or remit the forfeited recognisance in the above case : August 1, 18G0. James Wills appeals to the Supreme Court from the order of the said Court ordering said forfeited recognisance to be levied. James Wills. Chester county, ss. James Wills the above appellant, being duly sworn says, that said appeal is not intended for delay. Sworn and subscribed, August^ James Wills. 11, a. d. 1860, before Thomas Evans, Clerk. J We, James Wills, appellant above named, Abel Jones and Seth Lea, do severally acknowledge ourselves to be indebted to the Commonwealth of Pennsylvania, in the sum of one thou- sand dollars, lawful money of the United States, to be levied of our goods and chattels, lands and tenements, and to be void on this condition, that if the said James Wills shall prosecute his FOREIGN ATTACHMENT. 419 said appeal with effect, and if the said order be affirmed will pay the debt, damages and costs adjudged or accruing upon such order, and all other damages that may be awarded on said appeal, then this recognisance to be void and of none effect, or else to be and remain in full force and virtue. Taken and acknowledged, August "" 1, 1860, before James Wills, Townsend Haines, v Abel Jones, Prest. Judge of Court of Quar- Seth Lea. ter Sessions. FOREIGN ATTACHMENT. 1. Precipe. P. 491, pi. 1, &c. 13 June 1836, P. L. 580. James Wills ) -r .^ 1 County. John Gregg. J '' In the Court of Common Pleas of Chester Issue Foreign Attachment in debt, $500, against the defend- ant, returnable to May Term next. Bail to dissolve $1000. The Sheriff will attach all the goods and chattels, &c., of the defendant, in the hands of Enoch Rex, Executor, &c., of Charles Gregg, deceased, or in the hands and possession of any other persons whatsoever, and summon the said Enoch Rex and such other persons as garnishees. Yours, &c. To James Davis, William Marshall, Prothonotary. Plaintiff^s Attorney. 420 FOREIGN ATTACHMENT. 2. Refunding Bond to Executor, Garnishee. p. 492, pi. 7. 27 July 1842, P. L. 436. ^ In the Court of Common Pleas of Chester James Wills | ^^^^^^^ ^' I Of May Term, 1859. No. 10. ' Foreign Attachment. Debt. Know all men by these presents, that we, James Wills, the above plaintiff, Abel Jones and Seth Lea, all of said County of Chester, are held and firmly bound to Enoch Rex, Executor of the last will and testament of Charles Gregg, deceased, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Enoch Rex, his certain attorney, executors, administrators and assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, dated the first day of May, in the year of our Lord one thousand eight hundred and sixty. Whereas by virtue of the writ in the above-stated action, a certain legacy of five hundred dollars, bequeathed by the will of the said Charles Gregg, deceased, to the said John Gregg, has been attached in the hands of the said Enoch Rex, Execu- tor aforesaid, and whereas the said James Wills is about to re- ceive the said legacy of five hundred dollars so bequeathed and attached as aforesaid, of the said Enoch Rex, the Execu- tor aforesaid : Now the condition of this obligation is such, that if after re- ceiving the said legacy as aforesaid, any debt or demand shall be recovered against the estate of the said Charles Gregg, de- ceased, or otherwise be duly made to appear, he, the said James Wills shall refund the rateable part of such debt or demand and the costs and charges attending the recovery of the same, then this obligation shall be void, or else be and remain in full force and virtue. Sealed and delivered in the presence of William Marshall, James Davis. James Wills, [l. s.] Abel Jones, [l. s.] Seth Lea. [l. s.] FOREIGN ATTACHMENT. 421 3. Precipe for Scire Facias against Garnishee. P. 494, pi. 15. 13 June 1836, P. L. 582. James Wills V. Enoch Rex, Garnishee of John Gregg. In the Court of Common Pleas of Chester County. See Foreign Attachment. No. 10. To May Term, 1860. (Judgment entered in Judgt. Dock. H, p. 10.) Issue Scire Facias against the defendant to show cause if any he have, why the plaintiff should not have execution of his judg- ment in said Foreign Attachment of the estate and effects in the hands and possession of said Garnishee. Returnable to next term. William Marshall, To James Davis, Plaintiff's Attorney. Prothonotary. November 10, 1860. James Wills V. Enoch Rex, Garnishee of John Gregg. 4. Interrogatories to G-arnishee. P. 494, pL 16, 17. 13 June 1836, P. L. 582. In the Court of Common Pleas of Chester County. Of November Term, 1860. No. 2. Scire Facias against Garnishee. (See Foreign Attachment No. 10, to May Term, 1860.) Interrogatories to be exhibited by above-named plaintiff to Enoch Rex, the above-named Garnishee of John Gregg: Interrogatory 1. Have you, or had you at the time of the service of the writ in the above-stated Foreign Attachment upon you, or at any time since, any estate and effects of the said John Gregg in your hands and possession : if so, state what estate and effects you have or had in your possession, as aforesaid. Interrogatory 2. Have you, or had you at the time of the service of said writ, or at any time since, in your hands 422 FOREIGN ATTACHMENT. and possession, a certain legacy of five hundred dollars, be- queathed by the will of Charles Gregg to the said John Gregg (or as the case may be, and continuing the interrogatories as the circumstances of the case may require). William Marshall, November 10, 1860. Plaintifi"'s Attorney. James Wills V. Enoch Rex, Garnishee of John Gregg. 5. Recognisance of Plaiyitiff before Execution. P. 495, pi. 22. 13 June 1S36, P. L. 583. In the Court of Common Pleas of Chester County. Of November Term, 1860. No. 2. Scire Facias against Garnishee. See Foreign Attachment, No. 10, J to May Term, 1860. Chester county, ss. We, James Wills, Seth Jones and Abel Lea, severally ac- knowledge ourselves to be indebted to the above-named John Gregg, in the sum of one thousand dollars, lawful money of the United States, to be levied of our goods and chattels, lands and tenements respectively, and to be void upon this condition, that if the said John Gregg, by himself or attorney, shall within a year and day next ensuing the date of this recognisance, come into Court and disprove or avoid the debt recovered against him in the above-stated Foreign Attachment, or shall discharge the same with costs, in such case the said James Wills shall restore to him, the said John Gregg, the goods and effects attached and condemned as aforesaid, or the value thereof, or so much as shall be disproved or discharged, or else that the said Seth Jones and Abel Lea will do it for him. Taken and acknowledged, Dec. 1, . James Wills, 1860, before ( Seth Jones, Townsend Haines, f Abel Lea. President of Court of Common Pleas. ^ December 1, 1860. I approve the sureties in the foregoing recognisance. Townsend Haines, Prest. Judge. James Wills V FOREIGN ATTACHMENT. 423 6. Recognisance to Dissolve. P. 495, pi. 24, 25. 13 June 18.36, P. L. 583. 20 March 1845, P. L. 189. In tlie Court of Common Pleas of Chester County. T " (Of May Term, 1860. No. 10. John Gregg. ) -n, . . -r^ , Ar.^rt -^ Foreign Attachment. Debt $500. Chester county, ss. We, John Gregg, the above defendant, Seth Jones and Abel Lea, all of said County of Chester, severally acknowledge our- selves to be indebted to the said James Wills in the sum of one thousand dollars, to be levied of our goods and chattels, lands and tenements respectively, and to be void on this condition, that the said John Gregg shall pay to the said James Wills, the debt or damages, interest and cost that may be recovered against him in said Foreign Attachment. Taken and acknowledged, June 1, ^ John Gregg, 1860, before > Seth Jones, James Davis, Prothonotary. J Abel Lea. 7. Application for Order to Sheriff to collect Rents. p. 495, pi. 28, 29. 13 June 1836, P. L. 574. T „^ ^ In the Court of Common Pleas of Chester James Wills ) f County. , ^' (Of May Term, 1860. No. 10. John Gregg. ) ^ . , -n. , ^.^^ ^ Foreign Attachment. Debt ^oOO. To the Honorable, the Judges of the Court of Common Pleas of said County of Chester : The petition of James Wills, the above plaintiff. Respectfully represents, That the Sheriff of said county has returned to the writ in the above case, that by virtue of the same, he has attached a certain messuage, &c. (describing it as returned), the property of the defendant, which has been demised for the term of five 424 FOREIGN ATTACHMENT. years, from the first day of April last, to Enoch Rex, reserving an annual rent of t-ffo hundred dollars, payable on the first day of April in every year during the continuance of said demise : The petitioner further represents, that he has a just cause of action against the defendant, viz. : a bond in the penal sum of one thousand dollars, &c. (setting out the cause of action shortly), on which the sum of five hundred dollars is due and unpaid. The petitioner therefore prays the Court to issue a ■writ to the Sheriff, requiring him to collect and recover from the said Enoch Rex, tenant aforesaid, all the rent of the said demised premises which shall have accrued at the time of the execution of the said writ, and as may hereafter accrue, until the further order of the Court. And he will, kc. James Wills. Chester county, ss. James Wills, the above petitioner, being duly sworn, says, that the statements in the foregoing petition are true as he rerily believes, and that he has a just cause of action against the said John Gregg, as set out in said petition. Sworn and subscribed, June 1, ^ James Wills. 1860, before I James Davis, Prothonotarv. I James Wills") 8. Ilule to assess Damages. p. 494, pi. 14. 8 May 1855, P. L. 532. In the Court of Common Pleas of Chester Countv. JoHNGHE8«.|ofMa/Te™1860. N„. 10. -^ r oreign Attachment. And now, October 28, 1860, the plaintiff enters a rule for the Prothonotary to assess damages on the judgment in this case. William Marshall, Plaintifi"'s Attorney. GROUND-RENTS. 425 Chester countj, ss. James Wills, the above plaintiff, being duly sworn says, that there is due to him from the defendant in the above-stated Foreign Attachment, the sum of five hundred dollars, on the following cause of action, viz. (set it out). Sworn and subscribed, October ) James Wills. 28, 1860. James Davis, Prothonotary. And now, December 25, 1860, upon the affidavit of the plain- tiff (or as the case may be), and proof made and filed of due publication of notice of the rule and statement of the claim in this case, as directed by the Act of Assembly in such case made and provided, the Prothonotary assesses the damages against the defendant in favor of the plaintiff at the sum of five hun- dred dollars, as of October 28, 1860. James Davis, Prothonotary. GROUND-RENTS. 1. Petition for Extinguishing, ^c. p. 517, pi. 7. 5 February 1826, 7 Sm. L. 355. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills of said county, Kespectfully represents, That Charles Gregg, of the Township of Penn in said county, by indenture dated the first day of October, in the year of our Lord one thousand eight hundred and fifty, granted to one Enoch Rex in fee, a certain messuage, &c. (describing premises), reserving thereout to the said Charles Gregg, his heirs and as- signs, the yearly rent or sum of sixty dollars, lawful money of the United States, payable in half-yearly payments, on the first days of April and October in every year thereafter for ever, without any deduction or abatement for taxes or charges ; and that by the same indenture it was granted and provided, 420 GROUXD-RENTS. that if he, the said Enoch Rex, his heirs and assigns, should at any time within ten years of the date of said indenture, pay to the said Charles Gregg, his heirs and assigns, the just and full sum of one thousand dollars and the arrearages, if any, of the said yearly rent to the time of such payment, the said yearly rent thereby reserved should for ever thereafter cease and be extinguished and the covenant for the payment thereof should become void and of none effect, and that he, the said Charles Gregg, his heirs and assigns, would at the proper costs and charges of the said Enoch Rex, his heirs and assigns, by some proper deed or assurance in the law, to be well and suffi- ciently executed and acknowledged, grant, release and extin- guish the said yearly rent by the said indenture reserved and all his and their estate in and to the said messuage and lot of land, &c., thereby granted, with the appertenances, to the said Enoch Rex, his heirs and assigns for ever, anything in said in- denture contained to the contrary notwithstanding : That by virtue of divers conveyances, the said messuage and lot of land, subject to the said ground-rent, has become vested in the peti- tioner, James Wills, in fee, and that the said Charles Gregg, since the making of the said indenture, died seised in fee of said rent, and having made his last will and testament in writing bearing date the first day of March, a. d. 1855, whereby, among other things, he devised the said rent to his son John Gresg in fee, and that the said John Greg"; is a minor and has for his guardian Seth Jones ; that the time within which said ground-rent may be extinguished has not expired, and the peti- tioner is desirous of paying the said sum of one thousand dol- lars and the arrearages of said rent, if any, which may be due, and receive a proper deed, releasing and extinguishing the same according to the covenant and proviso in that behalf contained in the said indenture, but that by reason of the premises, said ground-rent has become vested in a person not authorized to re- lease and extinguish the same : The petitioner therefore prays, that a release and discharge of said ground-rent may be executed by the said Seth Jones, guardian of the said John Gregg, in such manner and form as the Court shall judge to be consistent with the true intent and meaning of the parties to the said indenture, and that the Court having considered the prayer of GROUND-RENTS. 427 this petition and the contract whereon it was founded, and hav- ing adjudged the same obligatory between the parties, shall make an order authorizing and requiring the said guardian, on payment being made to him of all arrearages of rent and inte- rest thereon, if any, and of the said sum of one thousand dol- lars, specified in the said indenture, to make and execute a sufficient release and discharge of said yearly ground-rent. And he will, &c. James Wills. (Affidavit of truth of petition to be appended.) 2. Bond of Gruardian, ^c, on Receiving, ^c. p. 517, pi. 7. 5 February 1821, 7 Sm. L. 355. Know all men by these presents, that we, Seth Jones, guar- dian of the person and estate of John Gregg, a minor child of Charles Gregg, late of the Township of Penn in the County of Chester and State of Pennsylvania, Abel Lea and Francis Robb, all of said county, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of two thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attorney and assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents ; Sealed with our seals, dated the first day of August, in the year of our Lord one thousand eight hundred and sixty. Whereas, upon the petition of Enoch Rex, the Court of Com- mon Pleas of said county did this day order, that upon the payment to the said Seth Jones, guardian aforesaid, of the sum of one thousand dollars and the arrearages of a certain yearly ground-rent, vested in the said John Gregg and reserved out of a certain messuage and lot of land belonging to the said Enoch Rex in fee, and the interest thereon, if any, he, the said Seth Jones, should make and execute to the said Enoch Rex, his heirs and assigns, a sufficient release and discharge of said ground-rent : 428 HABEAS CORPUS. Now the condition of this obligation is sucli, that if the abovc-bounden Seth Jones shall and do properly and legally appropriate the said sum of one thousand dollars and the arrearages of said ground-rent, and the interest thereon, if any, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the presence of James Davis, William Marshall. Seth Jones, [l. s.] Abel Lea, [l. s.] Francis Robb. [l. s.] HABEAS CORPUS. 1. Petition on Charge of Crime. p. 619, pi. 1. IS February 1785, 2 Sm. L. 275. To the Honorable Townsend Haines, President Judge of the Court of Common Pleas of Chester County : The petition of John Gregg, Respectfully represents, That he is detained by Benjamin Haines, keeper of the prison of Chester County, for supposed criminal matter which is set forth in the warrant of commitment, a copy whereof is hereto annexed. The petitioner therefore prays, that a writ of Habeas Corpus may be granted and awarded under the seal of the said Court of Common Pleas, directed to the said Benjamin Haines, com- manding him to have the body of the petitioner before your Honor immediately, to do, submit to and receive whatsoever your Honor may consider right in that behalf, and likewise to certify, specifically and fully, the true causes of his commit- ment and detainer and when he was committed. And he will, &c. John Gregg. Delivered in presence of ^ James Boyd, > George Rex. ) (Affidavit of truth of petition to be appended.) INSOLVENT. 429 2. Petition on any Restraint. p. 622, pi. 14. 18 February 1785, 2 Sm. L. 279. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg, Respectfully represents. That the petitioner is in actual confinement and restraint of his liberty, by Enoch Rex, and that such confinement and restraint, to the best of his knowledge and belief, is not by virtue of any commitment or detainer for any criminal or sup- posed criminal matter : The petitioner therefore prays the court to award and grant a writ of Habeas Corpus under the seal of said Court, to the said Enoch Rex, commanding him to have the body of the petitioner before the Court immediately, to do, submit to and receive what- soever the Court may consider right in this behalf, and likewise to certify specifically and fully the true causes of his confine- ment and restraint and the time of his confinement and restraint. And he will, &c. John Gregg. Delivered in the presence of "j James Boyd, > George Rex. J (AflBdavit of truth of petition to be appended.) INSOLVENT. 1. Petition under Bread Act. p. 538, pi. 5. p. 539, pi. 6. 26 March 1814, 6 Sm. L. 201. 30 March 1833, P. L, 107. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg, Respectfully represents. That he was committed to the jail of Chester County by virtue of a certain writ of Capias ad Satisfaciendum on a judg- 430 INSOLVENT. ment, for the sum of two hundred dollars, recovered in an action of trespass in said county (No. 10, to May Term, 18613), in which James Wills 'is plaintiff and the petitioner is defendant, and is by virtue thereof confined in said jail ; that the petitioner is poor and insolvent : That the said James Wills has been duly notified by Benja- min Haines, the keeper of said prison, to pay for the support of the petitioner, at the said prison on every Monday morning, the daily allowance fixed and ordered by this Court, and that the said James Wills has failed for the space of three days to make said payment. The petitioner further showing to the Court that he is desti- tute of property for his support in prison, and that failure of payment of said allowance has been made as aforesaid, prays the Court forthwith to discharge him from imprisonment. And he will, &c. John Gregg. (Affidavit of truth of petition to be appended.) 2. Petition for Discharge from Custody. p. 539, pi. 12. 16 June 1836, P. L. 731. To the Honorable Townsend Haines, President Judge of the Court of Common Pleas of Chester County : The petition of John Gregg, Respectfully represents, That he has been arrested, detained and held in custody by Benjamin Haines, keeper of the jail of Chester county, by virtue of, &c. (describe process). The petitioner therefore prays your Honor to make an order for his discharge from such custody, upon his giving bond to the plaintiff in said suit, in such amount and with such security as shall be approved by your Honor. And he will, &c. John Gregg. (Affidavit of truth of petition to be appended.) INSOLVENT. 431 3. Order to Jailer, to DiscJiarge. p. 539, pi. 13. 16 June 18.36, P. L. 731. To Benjamin Haines, Keeper of the Jail of Chester County: l^ou are hereby directed forthwith to discharge John Gregg, now held by you in custody, by virtue of (describe process), on his paying the jail fees, if any be due. Witness my hand, March 1, 1860. TowNSEND Haines, President Judge, 15th Jud. District. 4. Bond to take Benefit, ^e. p. 539, pi. 14. 16 June 1836, P. L. 731. Know all men by these presents, that we, John Gregg and Francis Parke, all of the county of Chester, are held and firmly bound unto James Wills of the same place, in the sum of four hundred dollars, lawful money of the United States, to be paid to the said James Wills, his certain attorney, executors, administrators and assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents : Sealed with our seals, dated the first day of March, in the year of our Lord one thousand eight hundred and sixty. Whereas the said John Gregg has this day been discharged from the custody of Benjamin Haines, keeper of the jail of Chester county, where he was held by virtue of (describe pro- cess), at the suit of the said James Wills, upon his giving bond to apply for the benefit of the Insolvent Laws, &c. Now the condition of this obligation is such, that if the said John Gregg shall appear at the next Court of Common Pleas of said county and then and there present his petition for the benefit of the Lisolvent Laws of this Commonwealth, and comply with all the requisitions of said law, and abide all the orders of said Court in that behalf; or in default thereof, and if he shall fail in ob- 432 INSOLVENT. taining his discharge as an insolvent debtor, that he shall sur- render himself to the jail of said county, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the -. John Gregg, [l. s.] presence of I Francis Parke, [l. s.] James Davis, | William Marshall. ^ 5. Petition for Benefit of Insolvent Laws. p. 539, pi. .9. p. 540, pi. 17. 16 June 1S36, P. L. 731, 732. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg, Respectfully represents, That he has been arrested and detained in the custody of Benjamin Haines, keeper of the jail of Chester County, on a writ of Capias ad Satisfaciendum, &c. (or as the case may be, describing the process), without collusion with the plaintiff, and that he was discharged from such custody, by order of the Hon- orable Townsend Haines, President Judge of this Court, upon giving bond to the plaintiff with security, approved by said Judge, conditioned to appear at this term of said Court and present his petition for the benefit of the Insolvent Laws of the Commonwealth and to do such other things as are directed by the Act of Assembly in such case made and provided. The petitioner further represents, that he is a resident of said county and has resided within this Commonwealth for six months immediately preceding his application to this Court ; that he is willing to deliver up for the use of his creditors all his property, and has accompanied this petition with a state- ment of all his estate, effects and property, wheresoever situate and of whatsoever kind, a statement of the debts due by him, containing the names of his creditors, the amount due to each, and the nature and character of the debt so far as he can ascer- tain the same ; and a statement of the causes of his insolvency, and of the extent of his losses. INSOLVENT. 433 The petitioner therefore prays the Court to grant him the relief provided for insolvent debtors, by the laws of this Com- monwealth. And he will, &c. John Gregg. Chester county, ss. John Gregg, being sworn in due form of law, says, that the facts set forth in the foregoing petition and in the accompany- ing statements referred to therein, are true as he verily believes. Sworn and subscribed. May 1, "j John Gregg. A. D. 1860, before I Henry Fleming, J. P. J Schedule 1. Statement of all the estate, eifects and property of John Gregg, the within petitioner, wheresoever situate and of what- soever kind. 1 Horse, &c., &c. (state property specifically). Schedule 2. Statement of the debts due by the petitioner, containing the names of his creditors, the amount due to each and the nature and character of the debt, so far as he can ascertain the same: James Wills, Judgment and Execution, . . $200 Enoch Rex, Bond, 100 Seth Jones, Note, 100 Abel Lea, Book Account, .... 40 Schedule 3. Statement of the causes of the petitioner's insolvency and the extent of his losses. (Set out particulars.) 28 434 INSOLVENT. 6. Bond of Trustees. p. 541, pi. 28. 16 June 1836, P. L. 734. Know all men by these presents, that we, James Wills, trustee of John Gregg, an insolvent debtor, discharged under the Insolvent Laws of this Commonwealth, Seth Jones and Abel Lea, all of the County of Chester, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attorney or assigns, to which payment well and truly to be made, we do bind our- selves jointly and severally, our heirs, executors and adminis- trators, firmly by these presents ; Sealed with our seals, dated the first day of September, in the year of our Lord one thou- sand eight hundred and sixty. The condition of this obligation is such, that if the above- bounden James Wills shall and do faithfully execute his trust as trustee aforesaid of the said John Gregg, then this obligation shall be void, or else be and remain in full and virtue. Sealed and delivered in the ] James Wills, [l. s.] presence of Seth Jones, [l. s.] James Davis, f Abel Lea. [l. s.] William Marshall. 7. Petition of Insolvent to Restore Ids Estate, ^c. p. 543, pL 47. IG June 1836, P. L. 738. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg, Respectfully represents. That on the first day of August, in the year of our Lord one thousand eight hundred and fifty-five, he was discharged by this Court as an insolvent debtor, according to the provisions of the Acts of Assembly granting relief to insolvent debtors, and under the direction of this Court delivered up and transferred to James INSOLVEXT. 435 Wills, as his trustee, for the use of his creditors, all his pro- perty of every kind whatsoever. The petitioner further repre- sents, that since his discharge and the transfer aforesaid, he has satisfied the claims of all his creditors and that part of said property so delivered up and transferred, has not heen sold ; the petitioner therefore prays the Court to allow him to make proof in such manner as the Court may direct of the facts set forth in this petition, and that the Court will thereupon order his aforesaid estate and effects not sold, to be restored to him. And he will, &c. John Gregg. (Affidavit of truth of petition to be appended.) 8. Application on Consent of Majority of Creditors to Exempt Property of Insolvent from Execution for Seven Years. P. 543, pi. 49. 16 June 1836, P. L. 738. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg, Respectfully represents. That on the first day of March last, he was discharged by this Court as an insolvent debtor, according to the provisions of the Acts of Assembly of this Commonwealth granting relief to insolvent debtors. The petitioner further represents, that a majority, in number and value, of his creditors residing in the United States or hav- ing a known attorney therein, have consented in writing that the estate and effects which he may hereafter acquire shall be exempted for the term of seven years hereafter, from any debt contracted and cause of action existing previously to his said discharge as an insolvent debtor, as will appear by the agree- ment of said creditors in writing herewith exhibited. The petitioner therefore prays, that upon notice of this appli- cation bcinfif given accordins; to law, the Court will make an 436 INSOLVENT. order that the estate and effects which he may hereafter require, shall be exempted as aforesaid. And he will, &c. John Gregg. (Affidavit of .truth of petition to be appended.) 9. Petition for a Receiver. p. 543, pi. 50, 51. P. 544, pi. 55. 31 March 1860, P. L. 414. 13 October 1S40, P. L. 4. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, a creditor of John Gregg, a petitioner for the benefit of the Insolvent Laws of this Common- wealth, Respectfully represents, That upon the hearing of the petition of the said John Gregg for the benefit of the said Insolvent Laws, on the first day of March last, it appeared to the Court that there was just ground to believe that the insolvency of the petitioner arose from losses by gambling (or as the case may be), and thereupon the Court committed the said John Gregg to the jail of said County of Chester for trial, at the Court of Quarter Sessions of the same County (or as the case may be). The petitioner therefore prays the Court to appoint a Receiver of all the estate which belonged to the said John Gregg, accord- ing to the directions of the Act of Assembly in that behalf made and provided. And he will, &c. James Wills. (Affidavit of truth of petition to be appended.) INSURANCE. 437 INSURANCE. 1. Petition to Supply Lost Policy. p. 558, pi. 42. 4 March 1850, P. L. 126. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents, That upon the first day of January, in the year of our Lord one thousand eight hundred and fifty, the Penn Insurance Com- pany issued a policy of Insurance to Enoch Rex, to indemnify him from all damages and loss by fire which he might sustain, not exceeding the sum of one thousand dollars, on the follow- ing described property, viz., (describe it), which policy was afterward, viz. : on the first day of April, A. D. 1852, trans- ferred by the said Enoch Rex to the petitioner, who had become the owner of the said property insured therein, and said trans- fer was duly approved by the said company ; that the petitioner is by virtue of said transfer, entitled to the benefit of the same, and that said policy is lost or destroyed. The petitioner further represents, that on the first day. of May, A. D. 1860, he made a demand for a copy of said policy of the President of said Penn Insurance Company and ten- dered to him one dollar for the expenses of making said copy. The petitioner therefore prays the Court to grant a rule on the said Penn Insurance Company, commanding them to appear before this Court on a day certain and show cause why a copy of said policy, together with the transfers which have been ap- proved and recorded on the books of said Company, should not be supplied, and that the Court will make such further order in the premises as is directed by the Act of Assembly in that be- half made and provided. And he will, &c. James Wills. Chester county, ss. James Wills, being duly sworn says, that the policy of Insur- 438 JUDGMENT. ance mentioned in the foregoing petition has been lost or de- stroyed, as he verily believes ; — that on the first day of May, A. D. 18G0, he made a demand for a copy of said policy, of the President of the said Penn Insurance Company and tendered one dollar for the expenses of making such copy. Sworn and subscribed. May 10, "| 1860, before V James Wills. H. Fleming, J. P. J James Wills *] V. JUDGMENT. 1. Amicable Scire Facias. r2, pi. 5. 26 March 1827, 9 Sm. L. 30.3. In the Court of Common Pleas of Chester County. ('Of April Term, 1860. ^ Amicable Fieri Facias, Sur Judgment. See Judgment, entered April 1, 1855, in Judgment Docket H, p. 400, for $500. March 31, 1860. It is agreed that an amicable Scire Facias on the above-stated Judgment be entered in said Court in the above form, with the same effect as if a Scire Facias had regu- larly issued and been returned by the Sheriff " Scire Feci.'" It is further agreed that judgment be confessed to the plaintiff ao-ainst the defendant for the amount now due on said orio-inal Judgment. James Wills, John Gregg. JUDGMENT. 439 2. Amicable Scire Facias to use, ^-c, against Defendant and Terre Tenant. p. 572, pi, 5. 26 March 1827, 9 Sm. L. 303. James Wills, to the use 1 In the Court of Common Pleas of Chester County. Of April Term, 1860. Amicable Scire Facias, Sur Judg- ment. of Enoch Rex, V. John Gregg and Seth Jones, terre tenant. See Judgment, entered April 1, 1855, v. John Gregg, defendant, in Judgment Docket H, p. 400, for $500. Assigned to Enoch Rex, April 1, 1856. March 31, 1860. It is agreed that an Amicable Scire Facias on the above-stated judgment be entered in said Court, in the above form, with the same effect as if a Scire Facias had regu- larly issued, and had been returned by the Sheriff " Scire Feci." It is further agreed, that judgment be confessed to the plaintiff to the use of the said Enoch Rex against the defendant and against the terre tenant in respect of the land bound by the original judgment for the amount now due on the same. (a) Enoch Rex, John Gregg, Seth Jones. 3. Amicable Scire Facias against Terre Tenant. p. 572, pL 5. 26 March 1827, 9 Sm. L. 30.3. James Wills -. V. I In the Court of Common Pleas of John Gregg and Seth j Chester County. Jones, terre tenant. ^ Amicable Scire Facias to revive Judgment, entered in said i^a) See Sanies^ s Appeal, 2 Casey 185. 440 JUDGMENT. Court, April 1, 1855, in Judgment Docket V, p. 10, against John Gregg for $500, Real Debt. April 1, 1860, It is agreed that an Amicable Scire Facias be entered in the above form, with the same eifect as if a Scire Facias had regularly issued, and had been returned by the Sheriff " >S'e/rg i^eci." It is further agreed that judgment be confessed to the plaintiff against the terre tenant, in respect of the land bound by the original judgment, for the amount of principal and interest now due. (a) James Wills, Seth Jones. 4. Amicable Scire Facias to use, on Judgment imrt paid. p. 572, pi. 5. 26 March 1827, 9 Sm. L. 303. James Wills, to the use of -. Fnoptt Rf\' f Court of Common Pleas y of Chester County. Joh/greg«. J Of April Term, 1860. Amicable Scire Facias to revive Judgment, entered in said Court, April 1, 1855, in Judgment Docket V, p. 10, in favor of James Wills, against John Gregg, for $500, Real Debt. April 1, 1860. It is agreed that an Amicable Scire Facias be entered in the above form, with the same effect as if a Scire Facias had regularly issued and had been returned by the Sheriff ^^ Scire Feci." It is further agreed, that judgment be confessed to the plaintiff for the use aforesaid against the defend- ant, for the sum of three hundred and fifty dollars, the principal now due, and interest from the first day of March last. Enoch Rex, John Gregg. (a) See Sames's Appeal, 2 Casey 185. James Wills '\ JUDGMENT. 441 5. Amicable Scire Facias of Judgment not due. p. 573, pL 7. 26 March 1827, 9 Sm. L. 304. In the Court of Common Pleas of Chester County, John GKE««. J Of April Term, I860. Amicable Scire Facias to revive Judgment. See Judgment, entered April 1, 1855, in Judgment Docket H, p. 100, for $500, payable April 1, 1864. March 31, 1860. It is agreed that an Amicable Scire Facias to revive the above-stated Judgment, be entered in said Court in the above form, with the same effect as if a Scire Facias had regularly issued, and had been returned by the Sheriff " Scire Feci." It is further agreed, that the said judgment shall be revived and shall continue a lien on the real estate of the defendant according to the Act of Assembly in such case made and provided. James Wills, John Gregg. 6. Amicable Scire Facias on Judgment Appealed from. p. 573, pi. 10. 21 April 1840, P. L. 419. James Wills"] In the Court of Common Pleas of Chester V. V County. John Gp.egg. J Amicable Scire Facias to revive Judgment. See No. 10, to January Term, 1855. Judgment against de- fendant on award of Arbitrators, for |500, entered April 1, 1855, in Judgment Docket H, p. 400. April 10, 1855. Defendant appeals. March 81, 1860. It is agreed that an amicable Scire Facias, to revive the above-stated judgment, be entered in said Court in the above form, with the same effect as if a Scire Facias had regularly issued and had been returned by the Sheriff " Scire Feci." It is further agi-eed, that the said judgment shall be revived, without prejudice, and shall continue a lien on the real 442 JUDGMENT. estate of the defendant according to the Act of Assembly in such case made and provided. James Wills, JoHX Gregg. 7. Precipe for Scire Facias. p. 572, pi. 3, 5. 4 April 1798, 3 Sm. L. 331. 20 March 1S27, 9 Sm. L. 303. f In the Court of Common Pleas of Chester , ' 1 County. John Gregg. J See Judgment, entered April 1, 1855, in Judgment Docket H, p. 400, for $500, Real Debt. Issue Scire Facias on the above-stated Judgment, returnable to next Term. Yours, &c., Job Mann, To James Davis, Esq., For Plaintiff. Prothonotary. March 31, 1860. In the Court of Common Pleas of Chester County. 8. Precipe for Scire Facias against Terre Tenant. P. 572, pi. 3, 5. 4 April 179S, 3 Sm. L. 331. 20 March 1827, 9 Sm. L. 303. James Wills V. John Gregg and George Boyd, terre tenant. See Judgment entered April 1, 1855, against John Gregg, in Judgment Docket H, p. 400, for $500, Real Debt. Issue Scire Facias on the above-stated Judgment, returnable to next Term. Yours, &c., Job Mann, To James Davis, Esq., For Plaintiff. Prothonotary. April 1, 1860. JUDGMENT. 443 9. Scire Facias to Revive Lien. Chester county, ss. The Commonwealth of Pennsylvania to the Sheriff of Ches- ter County ; — Greeting : Whereas, James Wills, lately, to wit, May 1, 1860, in our County Court of Common Pleas before our Judges at West Chester, recovered judgment against John Gregg, late of your county, as well for a certain debt of five hundred dollars lawful money of Pennsylvania, as for seventy-two shillings for his damages which he sustained by occasion of the detention of that debt, whereof the said John Gregg is convict, as appears of record, &c. And now in our same Court, we are given to understand, that the said James Wills desires that the same judgment may be revived according to the provisions of the Act of Assembly in such case made and provided, and continued a lien upon the real estate of the said John Grecro;, and has besought us to provide for him a proper remedy in that behalf; and we being willing that the same should be done, do command you that by good and lawful men of your bailiwick, you make known to the said John Gregg that he be and appear before our Judges at West Chester, at our County Court of Common Pleas, there to be held in ten days after the service of this writ (or as the return day may be), to show if anything he has or knows to say why the lien of said judgment should not be revived and con- tinued according to the provisions of the Act of Assembly in such case made and provided; and further to do and receive what our said Court may consider of in that behalf; and have you then and there this writ : — Witness the Honorable William Butler, President of our said Court, at West Chester, this eighteenth day of December, a. d. one thousand eight hundred and sixty-one. James Davis, Prothonotary. 444 JUDGMENT. 10. Application for Satisfaction, ^c, in PIdladelpJda, p. 670, pi. 28. 14 April 1851, P. L. 612. James Wills ^ In the Court of Common Pleas of tlie City V. > and County of Philadelphia, John Gregg. J Of March Term, 1850. No. 10. February 1, 1850. Judgment in favor of the plaintiff for $100, entered in Judgment Docket H, p. 101. To the Honorable the Judges of the Court of Common Pleas above named : The petition of Jolin Gregg, the above-named defendant, Respectfully represents. That on the first day of February, in the year of our Lord one tliousand eight hundred and fifty, James Wills, the plaintiff in the above-stated action, obtained judgment against the peti- tioner, for the sum of one hundred dollars, that more than ten years have elapsed since the rendition of said judgment, and the same has been paid by the petitioner (or as the case may be) : The petitioner therefore prays the Court to examine the facts set forth herein, and upon being satisfied of the truth thereof, to direct the Prothonotary upon the payment of the costs, if any be due to him upon such judgment, to enter satisfaction upon the record thereof. And he will, &c. John Gregg. (Affidavit of truth of petition to be appended.) JUSTICES OF THE PEACE. 445 JUSTICES OF THE PEACE. 1. Official Bond. p. 591, pi. 15. 21 June 18.39, P. L. 373. Know all men by these presents, that we, John Gregg, elected Justice of the Peace for the Township of Penn in the County of Chester and State of Pennsylvania, and Enoch Rex of the county and state aforesaid, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attorney and assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents ; Sealed with our seals, dated the first day of April, in the year of our Lord one thousand eight hundred and sixty : The condition of this obligation is such, that if the said John Gregg shall faithfully apply all moneys that shall come into his hands as an officer, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the presence of James Davis, Georfje Fisher. John Gregg, [l. s.] Enoch Hex. [l. s.] 2. Petition for Security on Justice s Insolvency, ^^c. P. 591, pi. Ifl, 17. 21 April 1816, p. L. -l.^l, 8 May 1850, P. L. 716. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents, That John Gregg was, on the twentieth day of March last, duly elected a Justice of the Peace of said county for the Town- 446 JUSTICES OF THE PEACE. ship of Pcnn, and in the opinion of the Hon. Townsend Haines, President Judge of said Court, being possessed of a freehokl estate, of the value of five hundred dollars beyond all reprises, said sum being equal to the amount in which security would be otherwise required, he was not required to give such security : The petitioner further represents, that the said John Gregg has become insolvent, having made an assignment of all his estate for the benefit of his creditors (or as the case may be) : The petitioner therefore prays the Court, upon due proof of the allegations in this petition, to require the said John Gregg to give security in the manner directed by the Sixth Section of the Act entitled, " An Act providing for the election of Aldermen and Justices of the Peace," in such sum and by such time as the Court may think necessary and proper. And he will, &c. James "Wills. (Afiidavit of truth of petition to be appended.) 3. Petition for Additional Security on Surety's Removal, ^c. p. 591, pi. 16, 17. 21 April 1846, P. L. 434. 8 May 1850, P. L. 716. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills of said county. Respectfully represents, That John Gregw was on the twentieth dav of March last, duly elected a Justice of the Peace of said county, and gave bond to the Commonwealth of Pennsylvania, with Enoch Rex of said county as his surety, in the sum of five hundred dollars conditioned according to law : The petitioner further represents that the said Enoch Rex, surety aforesaid, has removed from this state into the State of Delaware (or as the case may be) : The petitioner therefore prays the Court, upon due proof of the allegations in this petition, to require the said John Gregg to give additional security, in the manner provided by the Sixth Section of the Act entitled, " An Act providing for the election JUSTICES OF THE PEACE. 447 of Aldermen and Justices of the Peace," in sucli sum and by such time as the Court may think necessary and proper. And he will, &c. James Wills. (Affidavit of truth of petition to be appended.) 4. Petition for Counter Security. P. 591, pi. 16, 17, 18. 21 April 1846, P. L. 434. 8 May 1850, P. L. 716. 16 April 1849, P. L. 664. To the Honorable, the Judges of the Court of Common Pleas of the County of Chester : The petition of Enoch Rex, Respectfully represents, That on the twentieth day of March last, John Gregg was duly elected a Justice of the Peace of said county for the Town- ship of Penn, and that the petitioner became his surety, accord- ing to the Sixth Section of the Act entitled, " An Act provid- ing for the election of Aldermen and Justices of the Peace :" The petitioner further represents that the said John Gregg by reason of habits of intemperance, is likely to increase the re- sponsibility of his sureties : The petitioner therefore prays the Court, upon due proof of the allegations in this petition, to re- quire the said John Gregg to give security, to indemnify the petitioner against loss by reason of his suretyship, in the man- ner provided by the above-mentioned Act of Assembly, in such sum and at such time as the Court may think necessary and proper. And he will, &c. Enoch Rex. (Affidavit of truth of petition to be appended.) 5. Petition to Compel Delivery of Dockets. P. fine, pi. 112. 21 April 1846, P. L. 433. To the Honorable, the Judges of the Court of Common Pleaa of Chester County : 448 JUSTICES OF THE PEACE. The petition of James Wills, Respectfully represents, That John Gregg, one of the Justices of the Peace of said county, duly commissioned for the Township of Penn, has re- moved out of said district ; that demand was duly made by the petitioner, on the first day of April last, of the said John Gregg to deliver his dockets and all official records connected there- with, or cause the same to be delivered to Abel Lea, Esquire, he being the nearest justice in the said district ; and the said John Gregg has failed for twenty days to comply with the pro- visions of the fourth section of the Act " In relation to certain public oificers and their sureties," passed the twenty-first day of April, A. D. 18-46. The petitioner therefore prays the Court to compel the said John Gregg to deliver said dockets and records by decree and attachment against him. And he will, &c. James Wills. ''Affidavit of truth of petition to be appended.) 6. Petition to Supply Lost Record. p. 606, pi. 114. 30 April 1850, P. L. 640. To Enoch Rex, Esquire, Justice of the Peace of the County of Chester, for the Township of Penn : The petition of James Wills, Respectfully represents. That on the first day of March last, a summons was issued by said Justice, against one John Gregg, in a certain action of debt on book account, not exceeding one hundred dollars, on the return of which summons, on the sixth day of the same month, the said John Gregg appeared before the said Justice, and on hearing, judgment was rendered against the said John Gregg for the sum of fifty dollars, which judgment has not yet been paid or in any manner satisfied, and that the petitioner is therefore still interested in said judgment ; that the docket of said Justice, containing the said proceedings, has been destroyed. The petitioner therefore prays the said Justice to issue a pre- cept in the nature of a summons, requiring the said John Gregg to appear before him on a day certain, not less than five nor more than eight days from the issuing thereof, and show cause JUSTICES OF THE PEACE.' 449 •why the prayer of the petitioner should not be granted and the said proceedings supplied and entered in the docket of said Justice. And he will, &c. James Wills. Chester county, ss. James Wills, being sworn in due form of law, says, that the statements in the foregoing petition are true, and that the pro- ceeding asked to be supplied is truly set forth in said petition, as he verily believes. Sworn and subscribed, June 1, ^ James Wills. 1860, before V Enoch Rex, J. P. J 7. Petition 07i Refusing to Pay Over. p. 608, pi, 123. 28 March 1820, 7 Sm. L. 310. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents. That on the sixth day of March last, a judgment was ren- dered by Enoch Rex, Esquire, a Justice of the Peace of said county, in a certain action of debt on book account, in favor of the petitioner against one John Gregg, for fifty dollars besides costs ; that on the twentieth day of the same month, the said Enoch Rex, Esquire, received from the said John Gregg, the amount of said judgment and refuses to pay the same over to the petitioner, he being the person to whom the same is owing. The petitioner therefore prays the Court to direct a notice to issue to the said Enoch Rex, Esquire, returnable as may suit the convenience of the Court, setting forth the contents of this petition, and upon return of said notice, with due proof of the service thereof, to proceed in the manner directed by the Act of Assembly in such case made and provided. And he will, &c. James Wills. (Affidavit of truth of petition to be appended.) 29 450 JUSTICES OF THE PEACE. 8. Notice to Justice to Pay Over. p. 608, pi. 123. 28 March 1820, 7 Sm. L. 310. Chester county, ss. The Commonwealth of Pennsylvania, to Enoch [Seal.] Rex, Esquire, a Justice of the Peace of the County of Chester ; Greeting : * You are hereby notified, that the petition of James Wills was, on the first day of May, A. D. one thousand eight hundred and sixty, presented to the Court of Common Pleas of Chester County setting forth : that on the sixth day of March last, a judgment was rendered by you in a certain action of debt on book account, in favor of the said James Wills, against one John Gregg, for fifty dollars, besides costs ; that on the twentieth day of the same month, you received from the said John Gregg the amount of the said judgment and have refused to pay the same over to the said James Wills, he being the person to whom the same is owing. You are further notified to appear before said Court on the first day of June next, to answer the com- plaint in said petition, and show cause why judgment should not be entered against you for the said sum of fifty dollars, with interest and costs. By the Court. James Davis, Prothonotary. April 20, 1860. 9. Decree of Court on Appearance for not Paying Over. p. 608, pi. 123. 28 March 1820, 7 Sm. L. 310. James Wills ^ In the Court of Common Pleas of Chester V. > County. Enoch Rex. J Of May Term, 1860. No. 10. Upon complaint for not paying over money received on judgment. And now, June 1, 1860, Enoch Rex, the above-named de JUSTICES OP THE PEACE. 451 fendant, having appeared in Court in pursuance of the notice issued in this case, and having admitted the petition of the said James Wills, the Court enter judgment against the said Enoch Rex, in favor of the above-named James Wills, for the sum of fifty dollars and fifty-eight cents, the amount retained by the said Enoch Rex, as set forth in said complaint, with interest from the receipt thereof, and four dollars to the said James Wills, the party aggrieved, besides costs. 10. Decree of Court on Default for not Paying Over. p. 60S, pi. 123. 28 March 1820, 7 Sm. L. .^10. James Wills ^ In the Court of Common Pleas of Chester V. V County. Enoch Rex, Esq. j Of May Term, 1860. No. 10. Upon complaint for not paying over money received on judgment. And now, June 1, 1860, due proof having been made of the service of the notice issued in this case, on the said Enoch Rex, and the said Enoch Rex having refused and neglected to appear, in pursuance thereof, the Court enter judgment against the said Enoch Rex, in favor of the above-named James Wills, for the sum of fifty dollars and fifty-eight cents, the amount retained by the said Enoch Rex, as set forth in the said com- plaint, with interest from the receipt thereof, and four dollars to James Wills the party aggrieved, besides costs. 11. Answer of Justice to Complaint for not Paying Over. p. 608, pi. 123. 28 March 1820, 7 Sm. L. 310. James Wills ^ In the Court of Common Pleas of Chester V. V County. Enoch Rex, Esq. J Of May Term, 1860. No. 10. Upon complaint for not paying over money, recovered on judgment. 452 JUSTICES OF THE PEACE. The answer of Enoch Rex, the above defendant, to the peti- tion and complaint of the said James Wills : The defendant, reserving to himself all right of exception to the said petition and complaint, for answer thereto saith, that true it is as is alleged in said petition, that on the first day of March last, a judgment was rendered by this defendant as a Justice of the Peace of said county, in a certain action of debt on book account, in favor of the said James Wills against John Gregg in said petition named, for fifty dollars, besides costs, and that on the twentieth day of the same month, this defend- ant received from the said John Gregg the amount of said judg- ment ; — but this defendant for further answer says (set forth the facts of defence in the case), all which matters and things this defendant is ready and willing to aver, maintain and prove, as the Court shall direct, and prays to be hence dismissed with his costs and charges in this behalf sustained. Enoch Rex. (Affidavit to truth of answer to be appended.) 12. Issue on Complaint for not Paying Over. p. 608, pi. 123. 28 March 1820, 7 Sm. L. .310. James Wills ^ In the Court of Common Pleas of Chester V. > County. Enoch Rex, Esq. J Of May Term, 1860. No. 10. Upon complaint for not paying over money received on judgment. And now, June 1, 1860, the defendant having appeared in pursuance of the notice issued in this case, and having by his answer this day filed, disputed the facts set forth in the plain- tiff's petition, the Court form an issue to try the facts in dispute in said case, in which issue the said James Wills shall be plain- tiff and the said Enoch Rex the defendant, and the plaintiff shall declare as for money had and received and the defendant shall plead the general issue within twenty days (or as the order may be). LANDLORD AND TENANT. 453 LANDLORD AND TENANT. 1. Warrant of Distress. P. 610, pi. 1. 21 March 1772, 1 Sm. L. 370. To Abel Lea, of the County of Chester : I hereby authorize you to distrain the goods and chattels in and on a certain messuage and tract of land, with the apper- tenances, now in the occupancy and possession of John Gregg, and situate in the Township of Penn in said county, adjoining lands of James Robb, Enoch Rex and others, for one hundred dollars, being one year's rent due to me for the same premises, on the first day of April instant, and to proceed thereon for the recovery of said rent according to law : and for so doing this shall be your sufficient warrant. Witness my hand, the second of April, a. d. 1860. James Wills. 2. Notice of Distress. p. 610, pi. 1. 21 March 1772, 1 Sm. L. 370. To John Gregg, of the Township of Penn in the County of Chester : Take notice, that as bailiff to James Wills, your landlord, and by virtue of a warrant from him, I have this day distrained, on the premises occupied and possessed by you in the said Town- ship of Penn, the goods and chattels named in the annexed in- ventory, for the sum of one hundred dollars rent due by you on the first day of April instant, to the said landlord, for one year's rent of said premises. Witness my hand, the second day of April, a. d. 1860. Abel Lea. 454 LANDLORD AND TENANT. 3. Affidavit of Appraisers and Inventory/. p. 610, pi. 1. 21 March 1772, 1 Sm. L. 370. Chester county, ss. We, Enoch Rex and James Robb, being duly sworn, say that we will well and truly, according to the best of our understand- ing, appraise the goods and chattels of John Gregg, distrained for rent by James Wills. Sworn and subscribed, April 7, -^ Enoch Rex, 1860, before I James Robb. Jesse John, ( Sheriff. ^ Appraisement of the goods and chattels of the above-named John Gregg, distrained as aforesaid. One Farm W^agon, Cart, ..... Two Cows, .... &c., &c. $50 20 60 00 00 00 ei30 00 Taken and appraised, April 7, A. D. 1860. Enoch Rex, James Robb. 4. Consent of Tenant that Goods may Remain on Premises. I, John Gregg, do hereby consent and agree that James Wills my landlord, who has distrained my goods and chattels for rent of the premises now occupied and possessed by me in the Township of Penn and County of Chester, shall continue in possession of said goods and chattels on said premises, for the space of twenty days from the date hereof, the said James Wills having, at my request for my convenience, agreed to forbear the sale of the LANDLORD AND TENANT. 455 said goods and chattels for the said space of time, the expenses of keeping said possession to be paid by me. Witness my hand the seventh day of April, A. d. 1860. John Gregg.^ 5. Notice to Quit. p. 613, pi. 18. 21 March 1772, 1 Sm. L. 373. To John Gregg : Sir : — Please to take notice that I desire to have again and repossess the messuage and tract of land in the Township of Penn and County of Chester, leased by me to you for the term of one year from the first day of April, a. d. 1859, at the determination of said lease, and therefore demand and require you to remove from and leave the same. Given under my hand the first day of January, A. d. 1860. James Wills. 6. Complaint to Justices on Non-removal. p. 613, pi. 18. 21 March 1772, 1 Sm. L. 373. To John Graves and John Newlin, Esquires, two Justices of the County of Chester : The complaint of James Wills represents, that on or about the first day of January, in the year of our Lord one thousand eight hundred and fifty-nine, he was quietly and peaceably possessed of a messuage and tract of land, &c. (describing them), and demised the same under the annual rent of one hundred dollars to John Gregg, the tenant now in possession, for the term of one year from the first day of April in the year aforesaid ; that said John Gregg entered into possession of said premises by virtue of said lease, and that said term is fully ended ; that on the first day of January last past, the petitioner demanded and required the said John Gregg to remove from and leave the said premises, and that the said John Gregg has 456 LANDLORD AND TENANT. refused to comply with said request in three months after the said request to him made : The complainant therefore requests said Justices to proceed in such manner as is provided by law to enable him to recover possession of said premises. James Wills. Chester county, ss. James Wills, the above complainant, being duly sworn, says, that the statements and allegations in the foregoing complaint are true. Sworn and subscribed, April ^ James Wills. 2, A. D. 1860, before I John Graves, J. P. J 7. Warrant to Sheriff to Summon Jury and Tenant. p. 613, pi. 18. 21 March 1772, 1 Sm. L. 373. Chester county, ss. The Commonwealth of Pennsylvania to the Sheriff of said county ; Greeting : Whereas we have been informed by the complaint of James Wills, that on or about the first day of January, in the year of our Lord one thousand eight hundred and fifty-nine, he was quietly and peaceably possessed of a messuage and tract of land, &c. (describing them), and demised the same under the annual rent of one hundred dollars to John Gregg, the tenant now in possession, for the term of one year from the first day of April, in the year aforesaid ; that the said John Gregg en- tered into possession of said premises by virtue of said lease, and that the said term is fully ended; that on the first day of January last past he demanded and required the said John Gregg to remove from and leave the said premises, and that the said John Gregg has refused to comply with said request in three months since the same was made : We therefore command you to summon twelve substantial freeholders to appear before the undersigned two Justices of the LANDLORD AND TENANT. 457 Peace of said county, at the house of John Babb, in the Borough of West Chester, on the sixth day of the present month of April, at ten o'clock in the forenoon of said day, to inquire of such things as may be submitted to them in this behalf, and also to summon the said John Gregg, to appear before the said Justices and freeholders, at the same time and place, to show cause, if any he has, why restitution of the possession of the aforesaid messuage and tract of land should not forthwith be made to the said James Wills. Witness the hands and seals of the said Justices, the second day of April, in the year of our Lord one thousand eight hun- dred and sixty. John Graves, [l. s.] John Newlin. [l. s.] 8. Inquisition on Non-Removal of Tenant. p. 613, pi. 18. 21 March 1772, 1 Sm. L. 373. Inquisition taken the sixth day of April, in the year of our Lord one thousand eight hundred and sixtv, at the house of John Babb, in the Borough of West Chester and County of Chester, before John Graves and John Newlin, Esquires, two of the Justices of the Peace of said county, upon the oaths and affirmations of Abel Lea, James Robb, &c., &c., twelve substan- tial freeholders, who, being duly sworn and affirmed and charged to inquire of the premises do say : that, on or about the first day of January, in the year of our Lord one thousand eight hundred and fifty-nine, James Wills was quietly and peaceably possessed of a messuage and tract of land, &c. (describing them), and demised the same under the annual rent of one hundred dollars, to John Gregg, the tenant now in possession, for the term of one year from the first day of April in the year afore- said, and that by virtue of said lease the said John Gregg en- tered into possession of the premises aforesaid, and that the said term is fully ended ; that three months before the application of the said James Wills to said Justices in this behalf, viz. : on the first day of January, A. D. one thousand eight hundred and 458 LANDLORD AND TENANT. sixty, tlie said James Wills did demand and require the said John Gregg to remove and leave said premises ; and that said John Gregg has refused and still refuses to comply with said request, and the freeholders aforesaid do assess against the said John Gregg in favor of the said James Wills, the sum of twenty dollars damages for the unjust detention of the said premises. In witness whereof, as well the said Justices, as the freeholders aforesaid, have hereto set their hands and seals, the sixth day of April, A. D. one thousand eight hundred and sixty. John Graves, [l. s.] John Newlin, [l. s.] Abel Lea, [l. s.] James Robe, [l. s.] &c., &c. 9. Record of Justices on Non-Removal. p. 613, pL 18. 21 March 1772, 1 Sm. L. 373. James Wills ^ Before John Graves and John Newlin, Es- V. y quires. Justices of the Peace of the County John Gregg. J of Chester. April 2, 1860. Upon the complaint of the said James Wills, and due proof made before the said Justices, that on or about the first day of January, in the year of our Lord one thousand eight hundred and fifty-nine, he was quietly and peaceably possessed of a messuage and tract of land, &c. (describing them), and that he demised the same, under the annual rent of onfe hundred dollars, to John Gregg, the tenant now in pos- session, for the term of one year from the first day of April, in the year last aforesaid ; that the said John Gregg entered upon said premises by virtue of said lease, and that the said term is fully ended ; that on the first day of January last, the said James Wills demanded and required the said John Gregg to remove from and leave the said premises, and that the said John Gregg has refused to comply with said request in three months after said request to him made. A warrant was issued LANDLORD AND TENANT. 459 by said Justices to the Sheriff of Chester County, commanding him to summon twelve substantial freeholders to appear before said Justices at the house of John Babb in the borough of West Chester, on the sixth day of the present month of April, at ten o'clock in the forenoon of said day, to inquire of the pre- mises, and also to summon John Gregg, at the same time and place, to appear before the said Justices and freeholders and show cause, if any he has, why restitution of the possession of the aforesaid messuage and tract of land should not be forth- with made to the said James Wills : And now, April 6, 1860, the parties appeared at the time and place above named, and the said freeholders being duly sworn and affirmed and charged to inquire of the premises, upon hearing the said parties, it appeared to said Justices and freeholders, that on or about the first day of January, in the year of our Lord one thousand eight hundred and fifty-nine, the said James Wills was quietly and peaceably possessed of a messuage and tract of land, &c. (describing them), and demised the same under an annual rent of one hundred dollars, to John Gregg, the tenant now in pos- session, for the term of one year from the first day of April, in the year aforesaid ; that by virtue of said demise, the said John Gregg entered into possession of said premises and that the said term is fully ended : that three months before the applica- tion of the said James Wills to the Justices in this behalf, viz., on the first day of January, A. d. one thousand eight hundred and sixty, the said James Wills did demand and require the said John Gregg to remove and leave the said premises, and that the said John Gregg has refused and still refuses to com- ply with said request ; and the said freeholders assessed against the said John Gregg in favor of the said James Wills, twenty dollars damages for the unjust detention of said premises : Whereupon the said Justices, the same day, do enter judgment against the said John Gregg, for the said sum of twenty dollars damages aforesaid, and the sum of thirty dollars reasonable costs in this behalf. Same day, the warrant of the Justices issued to the Sheriff of Chester County, commanding him to deliver to the said James Wills, his heirs or assigns, full posses- sion of the aforesaid messuage and tract of land, and to levy the 460 LANDLORD AND TENANT. costs and damages aforesaid of the goods and chattels of the said John Gregg. 10. Warrant of Possession. p. 613, pi. 18. 21 March 1772, 1 Sm. L. 373. Chester county, ss. The Commonwealth of Pennsylvania to the Sheriff L '-I of the County of Chester ; Greeting : Whereas such proceedings were had before the undersigned, two Justices of the Peace of said county, and twelve freehold- ers, summoned according to law, that on this sixth day of April, in the year of our Lord one thousand eight hundred and sixty, it appeared to said Justices and freeholders, that James Wills had demised to John Gregg, for the term of one year, a certain messuage and tract of land, &c. (describing them), of which the said Jarnes Wills had been quietly and peaceably possessed, and that said John Gregg had entered into the possession thereof by virtue of said demise ; that the said term being ended, after demand by the said James Wills to the said John Gregg to remove from said premises three months before the applica- tion in this behalf to the said Justices, the said John Gregg had refused and still refuses to comply with said request and the said Justices did enter judgment against the said John Gregg, for the sum of twenty dollars damages for the unjust detention of said premises, together with thirty dollars costs in this behalf: Now, these are to command you forthwith to deliver to the said James Wills, full possession of the said above-described premises, and levy the said costs and damages of the goods and chattels of the said John Gregg, and for so doing this shall be your sufficient warrant : Witness the hands and seals of said Justices, the sixth day of April, A. D. one thousand eight hundred and sixty. John Graves, [l. s.] John Newlin. [l. s.] LANDLORD AND TENANT. 461 11. Allegation of Title in Third Person. p. 614, pi. 19, 21 March 1772, 1 Sm. L. 374. James Wills | Before John Graves and John Newlin, Es- V. > quires, Justices of the Peace of Chester John Gkegg.J County. Proceedings of plaintiff as landlord to obtain possession, &c. And now, April 6, 1860 ; John Gregg alleges that the title to the messuage and tract of land, in question in these proceed- ings, is disputed and claimed by Enoch Rex, in virtue of a right under a deed from the Sheriff of Chester County, dated the first day of August last (or as the case may be) ; in pursuance of a sale of the same as the property of the said James Wills : said right having accrued since the commencement of the lease to the said John Gregg, set out in the complaint of the said James Wills. John Gregg. 12. Affidavit of Third Person of his Title, — and Recognisance. p. 614, pi. 19. 21 March 1772, 1 Sm. L. 374. James Wills '\ Before John Graves and John Newlin, Es- V. V quires. Justices of the Peace of Chester John Gregg. J County. Proceedings of plaintiff" as landlord to obtain possession, &c. Chester county, ss. Enoch Rex being sworn in due form of law says, that he verily believes that he is entitled to the premises in dispute in the above proceeding, by virtue of a deed dated August 1, 1859, from the Sheriff of Chester County, in pursuance of a sale of the same under an execution against the said James Wills, since the commencement of the lease from the said James Wills to said John Gregg. Sworn and subscribed, August 6, ^ Enoch Rex. a. D. 1860, before I John Graves, J. P. J 462 LANDLORD AND TENANT. Chester county, ss. We, Enoch Rex ahove named, Seth Jones and Abel Lea, severally acknowledge ourselves to be indebted to James Wills, in the sum of two hundred and sixty-six dollars and sixty-seven cents, lawful money of the United States, to be levied of our goods and chattels, lands and tenements respectively, and to be void upon this condition, that the said Enoch Rex shall prosecute his claim aforesaid at the next Court of Common Pleas to be held for said county. Taken and acknowledged, April "" 6, A. D. 1860, before John Graves, John Newlin, JJ. P. Enoch Rex, Seth Jones, Abel Lea. 13. Affidavit of Holding under Co-tenant, — and Recognisance. p. 614, pi, 20. 22 March 1814, 6 Sm. L. 176. James Wills ^ Before John Graves and John Newlin, Es- V. V quires. Justices of the Peace of the County John Gregg, j of Chester. Proceedings of plaintiff as landlord to obtain possession, &c. Chester county, ss. John Gregg above named being duly sworn, declares that the premises in dispute in the above proceeding are holden and claimed under James Robb, a co-tenant with the said James Wills, and that said premises in dispute do not exceed in quan- tity or value the just proportion of the said James Robb. Sworn and subscribed, April 6, ^ John Gregg. A. D. 1860, before John Graves, John Newlin, JJ. P. Chester county, ss. We, James Robb, named in the above proceedings, Seth Jones and Abel Lea, all of the County of Chester, severally ac- knowledge ourselves to be indebted to James Wills, above named. LANDLORD AND TENANT. 463 in the sum of one thousand dollars, lawful money of the United States, to be levied of our respective goods and chattels, lands and tenements, and to be void on this condition, that the said James Robb shall prosecute his claim at the next Court of Common Pleas to be held for the said County of Chester. Taken and acknowledged, April , James Robb, 6, A. D. 1860, before I Seth Jones, John Graves, j Abel Lea. John Newlin, JJ. P. ^ 14. Notice to Tenant on Non-payment of Rent. p. 614, pi. 2L 3 April 1830, P. L. 187. To John Gregg : There being the sum of fifty dollars now due and in arrear from you for rent of the house, &c. (describe it), in your pos- session, under lease from me, and there being no goods on said premises adequate to pay the said rent, the payment of which is hereby demanded, except such articles as are exempt from levy and sale by the laws of this Commonwealth, you are hereby notified to quit the said premises within fifteen days from the date hereof, or pay and satisfy the rent so due and in arrear. Witness my hand the second day of April, 1860. James Wills. 15. Complaint to Justices on Non-payment of Rent. p. 615, pi. 21. 3 April 1830, P. L. 187. To John Graves and John Newlin, Esquires, two Justices of the Peace of said county : The complaint of James Wills represents, that on the first day of January, A. D. 1859, he demised to John Gregg a house, &c. (describing it), for the term of two years from the first day of April then next, reserving an annual rent of one hundred dollars, payable in half-yearly payments, on the first 464 LANDLORD AND TENANT. days of April and October in each year, and that the said John Gregg entered into possession of said premises by virtue of the demise aforesaid ; that on the first day of April last, the sum of fifty dollars, one half-year's rent as aforesaid, became due according to the terms of said demise ; that the said John Gregg has neglected and refused to pay the same, and that there are no goods on said premises adequate to pay said rent so in arrear, except such articles as are exempt from levy and sale by the laws of this Commonwealth : The complainant further represents, that he did, on the second day of the present month of April, give notice to the said John Gregg to quit said premises within fifteen days therefrom, or pay and satisfy the said sum of fifty dollars, the rent so due and in arrear, and that the said John Grego- has not removed from and delivered up said premises to the complainant, nor paid and satisfied such rent within the period of fifteen days aforesaid. James Wills. Chester county, ss. James Wills, above named, being duly sworn, says, that the statements and allegations in the foregoing complaint are true. Sworn and subscribed, April "j James Wills. 18, A. D. 1860, before V John Graves, J. P. J 16. Warrant to Constable to Summon Tenant on Non-payment of Rent. p. 615, pi. 2L 3 April 1830, P. L. 187. Chester county, ss. The Commonwealth of Pennsylvania to William Lynch, Constable of the borough of West Chester ; Greeting : Whereas it appears to the undersigned, two Justices of the Peace of said county, by the complaint of James Wills, That on the first day of January, A. D. 1859, he demised to John Gregg a house, &c. (describing it), for the term of two years LANDLORD AND TENANT. 465 from tlie first day of April then next, at the annual rent of one hundred dollars, payable half-yearly, on the first days of April and October, and that on the first day of April inst., the sura of fifty dollars, one half-year's rent, was due and in arrear, and the said John Gregg had neglected and refused to pay the same, and that there were no goods on said premises adequate to pay said rent, except such as are exempt from levy and sale ; that the said John Gregg has refused to remove from and deliver up said premises to the said James Wills, or pay and satisfy said rent, after due notice for that purpose : These therefore are to command you to summon John Gregg to appear before the undersigned at the office of John Graves in the borough of West Chester, on the twenty-third day of April inst., at ten o'clock in the forenoon of said day, to answer the said com- plaint : Witness the hands and seals of the said Justices, the seventeenth day of April, a. D. one thousand eight hundred and sixty. John Graves, [l. s.] John Newlin. [l. s.] James Wills V. John Gregg. 17. Record of Justices on Non-payment of Rent, p. 615, pi. 21. 3 April 1830, P. L. 187. Before John Graves and John Newlin, Es- quires. Justices of the Peace of Chester County. Proceeding to obtain possession on non-pay- ment of rent. April 17, 1860 ; Upon complaint on the oath of said James Wills, and it appearing to the said Justices that the said James Wills had leased to John Gregg a house, &c. (describing it), for the term of two years from the first day of April, a. d. one thousand eight hundred and fifty-nine, at the annual rent of one hundred dollars, payable half-yearly, on the first days of April and October, and that the sum of fifty dollars of said rent was due and in arrear on the first day of the present month of April, which sum the said John Gregg had neglected and 30 466 LANDLORD AND TENANT. refused to pay ; that there were not sufficient goods and chattels on the premises to pay said rent, except such as are exempt by law from levy and sale, and that the said John Gregg, after being notified on the second day of April aforesaid to quit said premises or pay and satisfy the rent so due and in arrear, within fifteen days thereafter, has refused to remove and re- deliver up possession of said premises, the said Justices issued their precept to William Lynch, constable of the borough of West Chester, commanding him to summon the said John Gregg to appear before the said Justices at the office of said John Graves, in the borough aforesaid, on the twenty-third day of April instant, at ten o'clock in the forenoon of said day, to answer the complaint of the said James Wills. April 23, 1860. The parties having appeared (or, — proof being made of the due service of said precept on the said John Gregg and he not appearing), the said Justices proceeded to hear the case ; and it appearing that said complaint is in all particulars just and true, the Justices enter judgment against the said John Gregg, that the said house, &c., shall be delivered up to the said James Wills, and the said Justices ascertain and determine on due and legal proof, that the rent due as aforesaid and in arrear is fifty dollars, and, at the request of the said James Wills, the said Justices issue a writ of possession directed to the said William Lynch, commanding him forthwith to deliver actual possession of the said house, &c., to the said James Wills, and to levy the costs on the said John Gregg, in the manner costs are by law levied and collected in other writs of execution. May 3, 1860. Constable returns. (Set out return in short.) 18. Record of Justice finding against Landlord. p. 615, pi. 21. 3 April 1830, P. L. 187. James Wills ""i Before John Graves and John Newlin, Es- V. > quires. Justices of the Peace of the County John Gregg, j of Chester. Proceedings to obtain possession on non-payment of rent. LANDLORD AND TENANT. 467 April 17, 1860. Upon complaint, — upon the oath, — of said James Wills, setting forth that said James Wills had leased to John Gregg a house (describing it), for the term of two years from the first day of April, A. D. one thousand eight hundred and fifty-nine, at the annual rent of one hundred dollars, pay- able half-yearly, on the first days of April and October : that the sum of fifty dollars of said rent was due and in arrear on the first day of the present month, which the said John Gregg had neglected and refused to pay ; that there were not sufficient goods and chattels on said premises, except such as are exempt by law from levy and sale, and that the said John Gregg, after being notified on the second day of April aforesaid, to quit said premises or pay and satisfy the rent so due and in arrear, within fifteen days thereafter, has refused to remove and redeliver up possession of said premises, the said Justices issued their pre- cept to William Lynch, constable of the borough of West Chester, commanding him to summon the said John Gregg to appear before the said Justices at the office of the said John Graves in the borough aforesaid, on the twenty-third day of April instant, at ten o'clock in the forenoon of said day, to answer the complaint of said James Wills : April 23, 1860. The parties having appeared, the said Jus- tices proceeded to hear the case, and upon such hearing, it appeared that the aforesaid complaint of the said James Wills is vexatious and unfounded, whereupon the Justices dismiss said complaint with costs to be paid by the said James Wills. 19. Recognisance on Appeal on Non-fayment of Rent. p. 615, pi. 21. 3 April 1830, P. L. 187. James Wills V. John Gregg. J Before John Graves and John Ncwlin, Es- quires, Justices of the Peace of Chester County. Proceeding of landlord to obtain possession for non-payment of rent. 468 LANDLORD AND TENANT. Chester county, ss. We, John Gregg above named, Abel Lea and Seth Jones, all of the County of Chester, severally acknowledge ourselves to be indebted to the said James Wills, in the sum of two hundred dollars, to be levied of our respective goods and chattels, lands and tenements, and to be void on this condition : That in case the judgment in the above case shall be affirmed, the said John Gregg shall pay all costs that may have accrued or may accrue in said case, and will also pay to the said James Wills all rent that has accrued or may accrue up to the time of final judg- ment, for the premises mentioned in said proceedings. Taken and acknowledged, "^ John Gregg, April 28, 1860, before I Abel Lea, John Graves, [ Seth Jones. John Xewlin, JJ. P. 20. Complaint on Removal and Refusing to give Security. p. 616, pi. 25. 25 March 1S25, 8 Sm. L, 41L To John Graves and John Newlin, Esquires, Aldermen of the City of Philadelphia : The Application and Complaint of James Wills, represents, That the complainant, on the first day of April, in the year of our Lord one thousand eight hundred and sixty, demised to John Gregg a house, &c. (describing it), for the term of one year from said day, at an annual rent of one hundred dollars, payable quarterly : that the said John Gregg entered upon said premises by virtue of said lease, and has removed therefrom without leaving sufficient property thereon to secure the pay- ment of three months' rent thereof; that the complainant, on the first day of June instant, demanded of the said John Gregg security for the payment of said rent, and the said John Gregg has refused to give such security in five days after said demand and has refused to deliver up possession of said premises : The complainant therefore applies to the said Aldermen to LANDLORD AND TENANT. 4g9 proceed in such manner as is directed by the Act of Assembly, to give him possession of said premises. James Wills. City of Philadelphia, ss. James Wills, being duly sworn says, that the statements and allegations in the foregoing complaint are true as he verily believes. Sworn and subscribed, June 6, 1 James Wills. 1860, before I John Graves, J. P. J 21. Warrant to Summon Tenant on Refusal to give Security. p. 616, pi. 25. 25 March 1825, 8 Sm. L. 411. City of Philadelphia, ss. The Commonwealth of Pennsylvania to William Lynch, a Constable of the City of Philadelphia ; Greeting : Whereas, complaint has been made to John Graves and John Newlin, Esquires, Aldermen of said city, on the oath of James Wills, that he had demised to John Gregg a house, &c. (describ- ing it), for the term of one year from the first day of April last, that the said John Gregg entered upon said premises by virtue of said demise, and has removed therefrom without leav- ing sufficient property thereon to pay three months' rent of the same ; that the said John Gregg has refused to give security for the payment of said rent in five days after demand of the same and has refused to deliver up possession of said premises : These therefore are to command you to summon the said John Gregg to appear before the said Aldermen, at the office of John Graves, on the twelfth day of the present month of June, at ten o'clock in the forenoon of said day, to answer said complaint. Witness the hands and seals of the said Aldermen, the sixth day of June, A. D. one thousand eight hundred and sixty. John Graves, [l. s.] John Newlin. [l. s.] 470 LANDLORD AND TENANT. 22. Record of Justices on Refusing to give Security. p. 616, pi. 25. 25 March 1825, 8 Sm. L. 411. James Wills '\ Before John Graves and John Kewlin, Es- V. V quires, Aldermen of the City of Philadel- JoHN Gregg. J phia. Proceedings by landlord to obtain possession for want of security for rent. June 6, 1860. Complaint made on the oath of said James Wills, that on the first day of April, a. d. 1861, he demised to the said John Gregg a house, &;c. (describing it), for the term of one year from said day, at an annual rent of one hundred dollars, payable quarterly ; that the said John Gregg entered upon said premises by virtue of said demise, and has removed therefrom without leaving sufficient property thereon to secure the payment of three months' rent : that the complainant had, on the first day of June, instant, demanded of the said John Gregg security for the payment of said rent, and the said John Gregg had refused to give such security in five days after said demand, and has refused to deliver up said premises : Same day, — precept issued to William Lynch, constable, to summon said John Gregg to appear before said Aldermen at the office of said John Graves, on the twelfth day of June instant, at 10 o'clock, A. M. June 7, 1860. Proof of service of summons on said John Gregg, on sixth day of June, on oath of William Lynch. June 12, 1860. The parties appeared (or, — said John Gregg not appearing), the Aldermen proceeded to hear the case, and it appearing- that the said John Gregg had removed from the premises mentioned in said lease, without leaving sufficient goods and chattels to secure the payment of three months' rent, or giving security for the payment of said rent in five daya after demand aforesaid, and had refused to deliver up posses- sion of said premises, the Aldermen enter judgment against the said John Gregg, that said premises shall be delivered up to the said James Wills forthwith : Same day, — at the request of the said James Wills, the said LANDLORD AND TENANT. 471 Aldermen issue a writ of possession, directed to said William Lynch, to deliver possession as aforesaid, and also to levy the costs of the defendant accordino; to law. 23. Record of one Justice to Dispossess Tenant. [a) P. 1341, pi. 1. 14 December 1S63, P. L. 1125. James Wills "j r John Gregg. J And now, April 2, 1860, it appearing before the justice in this case, by due proof, that the said James Wills, on or about the first day of January, A. D. one thousand eight hundred and fifty-nine, was quietly and peaceably possessed of a certain messuage, &c. (describing it), being the same mentioned and described in the complaint in this case ; that he demised the same under the annual rent of one hundred dollars to the said John Gregg, the tenant now in possession, for the term of one year from the first day of April in the year last aforesaid, and that the said John Gregg entered into possession of the pre- mises by virtue of said lease ; that the said term is fully ended ; that the said James Wills had given notice to the said John Gregg on the first day of January last, being three months previous to the expiration of said term, that he desired to re- possess the same : and it further appearing right and proper to the said Justice, judgment is entered against the said John Gregg, that he forthwith give up the possession of the said premises to the said James Wills, and the said Justice further gives judgment in favor of said James Wills against said John Gregg for fifty dollars, the damages which in the opinion of the said Justice the said James Wills has sustained, and for all the costs of these proceedings. (a) Sec Gioens v. Miller, 12 P. F. Smith 133. 472 LUNATICS AND HABITUAL DRUNKARDS. LUNATICS AND HABITUAL DRUNKARDS. 1. Petition for Commission, and Affidavit. p. 680, pi. 1, 2, 4. 13 June 1836, P. L. 592. To the Honorable, the .Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents, That John Gregg, a resident of said county, now is, and for five years last past and upwards, has been so far deprived of his reason and understanding, that he is rendered altogether unfit and unable to govern himself or to manage his afi"airs, as by the afiidavits hereto annexed appears : Wherefore the petitioner further showing, that he is a rela- tion by marriage of the said John Gregg, being the husband of his daughter (or as the case may be), respectfully prays the Court to issue a commission in the nature of a writ de lunatico inquirendo, to inquire of the lunacy of the said John Gregg, directed to such person as the Court shall think fit. And he will, &c. James Wills. (AflBdavit of petitioner of truth of petition to be appended.) Chester county, ss. Seth Jones and Abel Lea being severally duly sworn, declare and say that they are well acquainted with John Gregg, named in the foregoing petition, and have been so acquainted for more than five years last past, and from observing the actions and behavior of the said John Gregg, and hearing his speech and conversation, these deponents are convinced that the said John Gregg is now, and has been, for the space of time above men- tioned of unsound mind, and by reason thereof is wholly un- fit for the management of himself and his affairs : And these LUNATICS AND HABITUAL DRUNKARDS. 473 deponents saj, that said state of unsoundness was and is mani- fest by (state facts indicating insanity), (a) and further say not. Sworn and subscribed, May 1, "j Seth Jones, A. D. 1860, before V Abel Lea. John Graves, J. P. | 2. Petition for Commission when Lunatic is under Restraint. p. 680, pL 1, 2, 4. 13 June 1836, P. L. 592. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents, That John Gregg, a resident of said county, now is and for the space of five years last past and upwards has been, so far deprived of his reason and understanding, that he is rendered altogether unfit and unable to govern himself or to manage his affairs, as by the afiidavits hereto annexed appears. The petitioner further represents, that the said John Gregg is under restraint in the Pennsylvania Hospital for the Insane, in the City of Philadelphia, and that he cannot conveniently be removed to the place of his residence : Wherefore the peti- tioner further showing to the Court, that he is a relation by marriage of the said John Gregg, being the husband of his daughter (or as the case may be), prays the Court to issue a commission in the nature of a writ de lunatico inquirendo, to inquire of the lunacy of the said John Gregg, directed to such person as the Court shall think fit. And he will, &c. James Wills. (Affidavits of petitioner of the truth of petition ; — and also of other persons stating facts, to be appended.) (a) Although perhaps not absolutely ncccssar}', the better practice is to state in the affidavit, facts manifesting insanity. 474 LUNATICS AXD HABITUAL DRUNKARDS. 3. Petition for Commission ivhen Lunatic resides out of the CommomvealtJi. p. 680, pi. 1, 2, 4. 13 June 1S36, P. L. 592. To the Honorable, the Judges of the Court of Common Pleas of Chester county : The petition of James Wills, Respectfully represents, That John Gregg being now in the said county, but not having any residence within this Commonwealth, now is, and for the space of six months last past and upwards, has been, so far deprived of his reason and understanding, that he is ren- dered altogether unfit and unable to govern himself or to man- age his affairs, as by the affidavits hereto annexed appears: Wherefore the petitioner further showing that he is a relation by marriage of the said John Gregg, being the husband of his daughter (or as the case may be), prays the Court to issue a commission in the nature of a writ de lunatico inquirendo, to inquire of the lunacy of the said John Gregg, directed to such person as the Court shall think fit. And he will, &c, James Wills. (Affidavits of petitioner to the truth of petition ; — and also of other persons stating facts, to be appended.) 4. Petition for Commission ivhere Lunatic has no Relations, ^c. p. 680, pi. 1, 2, 4, 5. 13 June 133o, P. L. 592. 15 April 1851, P. L. 714. To the Honorable, the Judges of the Court of Common Pleas of Chester county : The petition of James Wills, Respectfully represents, That John Gregg, of the Township of Penn in said county, now is, and for the space of five years last past and upwards, has been so far deprived of his reason and understanding that he is rendered altogether unfit and unable to govern himself or to manage his affairs, as by the affidavits hereto annexed appears; LUNATICS AND HABITUAL DRUNKARDS. 475 that the said John Gregg has no relative by blood or marriage, residing within the Commonwealth. Wherefore the petitioner, showing that he is a disinterested person of the same Township of Penn, in which the said John Gregg resides, prays the Court to issue a commission in the nature of a writ de lunatico inquirendo, to inquire of the lunacy of the said John Gregg, directed to such person as the Court shall think fit. And he will, &c. James Wills. (Affidavits of petitioner of truth of petition ; — and also of other persons stating facts, to be appended.) 5. Petition for Commission where Lunatic is absent from the Commonwealth. p. 680, pi. 1, 2, 4. 13 June 1S36, P. L. 592. To the Honorable, the Judges of the Court of Common Pleas of the County of Chester : The petition of James Wills, Respectfully represents. That John Gregg now is, and for the space of six months last past and upwards, has been so far deprived of his reason and understanding, that he is rendered altogether unfit and unable to govern himself or to manage his affairs, as by the affidavits hereto annexed appears ; that the said John Gregg is an inha- bitant of this Commonwealth and is now absent therefrom, and that his last place of residence was in the said County of Ches- ter (or, — that he has real estate in said County of Chester). Wherefore the petitioner .further showing to the Court that he is a relative by marriage of the said John Gregg, being the husband of his daughter (or as the case may be), respectfully prays the Court to issue a commission in the nature of a writ de lunatico inquirendo, to inquire of the lunacy of the said John Gregg, directed to such person as the Court shall think fit. And he will, &c. James Wills. (Affidavits of the petitioner of the truth of petition ; — and also of other persons stating facts, to be appended.) 476 LUNATICS AND HABITUAL DRUNKARDS. 6. Petition for Commission on Habitual Drunkards. p. 680, pi. 1, 2, 4, 5. 13 June 1836, P. L. 592. 15 April 1851, P. L. 714. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents, That John Gregg of said county, by reason of habitual drunk- enness, has become incapable of managing his estate, and is wasting and destroying the same, as by the aiJidavits hereto annexed appears : Wherefore the petitioner showing that he is a relative by marriage of the said John Gregg, being the hus- band of his daughter (or as the case may be), respectfully prays the Court to issue a commission in the nature of a writ de lunatico inquirendo, to inquire of the habitual drunkenness of the said John Gregg, directed to such person as the Court shall think fit. And he will, &c. James Wills. (AflBdavits of petitioner of truth of petition ; — and also of other persons stating facts, to be appended.) 7. Notice to Relations, cj-e., of Commission. p. 681, pi. 7. 13 June 1836, P. L. 594. To Charles Gregg and James Gregg : You are hereby noti- fied, that a commission issued by the Court of Common Pleas of Chester County, on the first day of May instant, and directed to the undersigned to inquire of the lunacy of John Gregg, will be executed at the house of John Babb, in the Borough of West Chester in said county, on the twentieth day of the same month of May, at ten o'clock, A. M. Witness the said Commissioner, the first day of May, a. d. 1860. William Marshall, Commissioner. LUNATICS AND HABITUAL DRUNKARDS. 477 8. Venire. p. 680, pi. 3. p. 681, pi. 8. 13 June 1836, P. L. 592, 594. Chester county, ss. ' The Commonwealth of Pennsylvania to the Sheriff of Chester County ; — Greeting : You are hereby required to summon nine persons (or as the case may be, not more than twelve nor less than six), lawful men of said county, to come before the undersigned Commis- sioner, by virtue of a commission in the nature of a writ de lunatico inquirendo, issued by the Court of Common Pleas of said county, at the house of John Babb in the Borough of West Chester in the said county, on the twentieth day of the present month of May, at ten o'clock in the forenoon of said day, to inquire of the lunacy of John Gregg in said commission named, and of such other things as shall be given them in charge by virtue thereof : Given under the hand and seal of said Com- missioner, the second day of May, a. d. one thousand eight hundred and sixty. William Marshall, [l. s.] 9. Subpoena. p. 680, 1 1. 3. 13 June 1S36, P. L. 592. Chester county, ss. The Commonwealth o'' Pennsylvania, to Enoch Rex, Seth Jones, &c. ; — Greeting : You and each of you are hereby required to be and appear at the house of John Babb, in the Borough of West Chester, in said county, on the twentieth day of the present month of May, at ten o'clock in the forenoon of said day, before the under- signed Commissioner, by virtue of a commission in the nature of a writ de lunatico inquirendo, issued by the Court of Common Pleas of Chester County, to inquire amongst other things of the lunacy of John Gregg in said commission named, then and there to testify such matters as you may know of the lunacy of the 478 LUNATICS AND HABITUAL DRUNKARDS. said John Gregg, and all such other matters as shall be de- manded of you by virtue of said commission. Herein fail not at your peril. Given under the hand and seal of the Commissioner, the second day of May, A. D. 1860. William Marshall, [l. s.] Commissioner. 10. Habeas Corpus. p. 680, pi. 3. 13 June 1836, P. L. 592, Chester county, ss. The Commonwealth of Pennsylvania, to James Gregg ; Greeting : Whereas it has been represented to the undersigned, Com- missioner, by virtue of a commission in the nature of a writ de lu7iatico inquirendo, issued by the Court of Common Pleas of said county, to inquire amongst other things of the lunacy of John Gregg in said commission named, that the said John Gregg is now in your custody ; these are therefore to will and require you, to have the body of the said John Gregg before the under- signed, on the execution of said commission, at the house of John Babb, in the borough of AVest Chester in said county, on the twentieth day of the present month of May, at ten o'clock in the forenoon of said day, there to be examined touching the matters aforesaid. Given under the hand and seal of the said Commissioner, the second day of May, in the year of our Lord one thousand eight hundred and sixty. William Marshall, [l. s.] Commissioner. 11. Inquisition before Commissioner of Lunacy. p. 680, pi. 3. 13 June 1836, P. L. 592. Inquisition taken at the house of John Babb, in the Borough LUNATICS AND HABITUAL DRUNKAKDS. 479 of West Chester and County of Chester, this twentieth day of May, in the year of our Lord one thousand eight hundred and sixty, before William Marshall, Commissioner, by virtue of a commission, in the nature of a writ de lunatico inquirendo, issued by the Court of Common Pleas of said county, bearing date the second day of May aforesaid, to the said William Marshall directed, and to this inquisition annexed, to inquire amongst other things of the lunacy of John Gregg in said com- mission named, upon the oaths and affirmations of Seth Lea, Enoch Rex, &c., &c. (naming all the inquest), nine good and lawful men of said county who, being sworn and affirmed, and charged to inquire of the premises, on their oaths and affirma- tions, Do say, that the said John Gregg is, at the time of the taking of this inquisition, a lunatic, and has been so for the space of five years last past, and does not enjoy lucid intervals ; and that at the time of his becoming a lunatic, he was seised of the lands and tenements mentioned and described in schedule marked A, hereto annexed, the same being of the value therein set down ; and that at the same time, he was possessed of the goods and chattels mentioned in schedule marked B, hereto annexed, the same being of the value therein set down ; but whether the said John Gregg has since aliened or disposed of the said lands and tenements, goods or chattels, or any part thereof, the inquest aforesaid know not (or as the case may be) ; and the inquest aforesaid further say, that the said John Gregg is of the age of fifty years or thereabouts, and that his heirs and next of kin, with their ages respectively, are mentioned and contained in schedule marked C, hereto annexed. In witness whereof, as well the said Commissioner as the inquest aforesaid, have hereto set their hands and seals, the day and year first above written. William Marshall, [l. s.] Enoch Rex, [l. s.] Seth Lea, [l. s.] &c., &c. 480 LUNATICS AND HABITUAL DRUNKARDS. 12. Inquisition before Commissioner of Habitual Drunkenness. p. 680, pi. 3. 13 June 1836, P. L. 592. Inquisition taken at tlie house of John Babb, in the borough of West Chester, in the County of Chester, on the twentieth day of May, in the year of our Lord one thousand eight hun- dred and sixty, before William Marshall, Commissioner, by virtue of a commission in the nature of a writ de lunatico in- quirendo issued by the Court of Common Pleas of said county, bearing date the second day of May aforesaid, and to this in- quisition annexed, to inquire amongst other things, of the habi- tual drunkenness of John Gregg, in said commission named, upon the oaths and affirmations of Seth Lea, Enoch Rex, &c. (naming all the jurors), nine good and lawful men of said county, who, being sworn and affirmed and charged to inquire of the premises, on their oaths and affirmations. Do say, that the said John Gregg is an habitual drunkard, and that he is seised of the lands and tenements mentioned and described in schedule marked A, hereto annexed, which are worth by the year as is therein set down ; that he is possessed of the goods and chattels mentioned in schedule marked B, hereto annexed, which are of the value therein set down ; that the said John Gregg is of the age of fifty years or thereabouts, and that his heirs and next of kin, with their ages respectively, are mentioned and contained in schedule marked C, hereto annexed. In witness whereof, as well the said Commissioner as the in- quest aforesaid, have hereto set their hands and seals the day and year first above written. William Marshall, [l. s.] Enoch Rex, [l. s.] Setii Lea, [l. s.] Abel Jones, [l. s.] kc, &c. Return to Commissioyi. To the Honorable, the Judges within named : The execution of the within commission appears by the in- quisition and other schedules hereto annexed, said inquisition LUNATICS AND HABITUAL DRUNKARDS. 481 having been taken on ten days' notice, to James Gregg, a son of George Gregg, a brother of said lunatic. So answers, William Marshall, Commissioner. 13. Petition when Estate is small, ^o. p. 680, pi. 1, 2, 3, 4. P. 681, pi. 9. 13 June 1836, P. L. 592, 594. To the Honorable, the Judges of the Court of Common Pleas of Chester County: The petition of James Wills, Respectfully represents, That John Gregg, a resident of said county, now is, and for five years last past and upwards has been, so far deprived of his reason and understanding, that he is rendered altogether unfit and unable to govern himself or to manage his aiFairs, as by the affidavits hereto annexed appears ; that the estate of the said John Gregg consists of, kc. (setting it out as nearly as may be), and is therefore so small, that the costs of an inquisition will be found an undue burden (or, — that the said John Gregg has no estate, as the case may be). Wherefore the petitioner further showing, that he is a relative by marriage of the said John Gregg, being the husband of his daughter (or as the case may be), prays the Court to direct an inquest to be impannelled from the jurors attending the Court, and that said inquisition be held by one of the Judges thereof, at such convenient time and place as shall be ordered by the Court. And he will, &c. James Wills. (Affidavits of petitioner of truth of petition, and of other per- sons to facts manifesting insanity, to be appended.) 14. Inquisition before Judge, and Certificate of Want of Pro- bable Cause. P. 681, pi. 10. 13 Juno 1836, P. L. 592, Inquisition taken at the Court House in the borough of West Chester and County of Chester, the twentieth day of May, in 31 482 LUNATICS AND HABITUAL DRUNKARDS. the year of our Lord one tliousand eiglit hundred and sixty, at the time and place in the hereinafter-mentioned order named, before Jesse Sharp, one of the Judges of the Court of Common Pleas of said county, in pursuance of an order of said Court, to this inquisition annexed, to inquire, amongst other things, of the lunacy of John Gregg, upon the oaths and affirmations of Seth Lea, Enoch Rex, &c., &c. (naming them), nine good and lawful men of said county, impannelled from the jurors attend- ing said Court, who, being sworn and affirmed, and charged to inquire of the premises, on their oaths and affirmations. Do say, that the said John Gregg is not a lunatic. In witness whereof, as well the said Judge as the inquest aforesaid, have to this inquisition set their hands and seals the day and year first above written. Jesse Sharp, [L. S.] Enoch Rex, [L. S.] Abel Lea, [L. S.] &c., &c. I, Jesse Sharp, the Judge holding the above inquisition, do certify, that it appeared that there was not probable cause for the application for said inquisition. Witness my hand the day and year above written. Jesse Sharp. 15. Traverse of Inquisition. p. 6S1, pi. 15. IS June 1836, P. L. 605. The Commonwealth of ^ In the Court of Common Pleas of Pennsylvania, ex re- Chester County. latione James Wills, \ Of J.Iay Term, 1860. No. 10. V. Commission in nature of a writ de John Gregg. I lunatico inquirendo. And now, on the first day of August, in the year aforesaid, comes the said John Gregg, by Job Mann his attorney, and prays oyer of said commission, the return thereof, and the in- quisition thereupon taken ; and the same being read and heard, LUNATICS AND UABITUAL DRUNKARDS. 483 the said John Gregg complains, that by color of the premises he is greatly vexed and disturbed and that unjustly, because, protesting that the said commission and return and inquisition are insufficient in law, to which he need not, nor is bound by law to answer. For plea nevertheless in this behalf, the said John Gregg says, that he, at the time of taking the said inquisition and always before, was, and from thence hitherto has been and now is of sound mind and understanding, fit and able to govern himself and to manage his aiTairs. Without this, that he, the said John Gregg, at the time of taking the said inquisition or at any time before or after, was or is now of unsound mind or understanding, and unfit and unable to govern himself, or manage his afi'airs, — in manner and form as by said inquisition is found, and this the said John Gregg is ready to verify. Wherefore he prays judgment, and that the said com- mission, return and inquisition may be vacated and discharged, and that he may be restored to the government of himself and the possession of his lands and tenements, goods and chattels, and the management of his affairs, and that he, under color of the said inquisition, may be no further molested, but from the premises may be wholly discharged by the Court. Joe Mann, For Defendant. 16. Replication and Similiter to Traverse. p. 681, pi. 15. 13 June 1836, P. L. 005. The Commonwealth of ^ In the Court of Common Pleas of Chester County. \ Of May Term, 1860. No. 10. Commission in the nature of a writ de lunatico inquirendo. Pennsylvania, ex re- latione James Wills, V. John Gregg. Chester county, ss. And David Bond, Attorney for the Commonwealth in this behalf says, that by reason of anything by the said John Gregg above in pleading alleged, the said commission, return and in- quisition ought not to be vacated or discharged, nor the said 484 LUNATICS AND HABITUAL DRUNKARDS. John Gregg restored to the government of himself and the pos- session of his lands and tenements, goods and chattels, and management of his affairs ; because he says, that the said John Gregg at the time of the taking of said inquisition and before was, and now is, of unsound mind and understanding, so as not to be sufficient to govern himself, and manage his affairs in manner and form as by the said inquisition is found : and this the said David Bond, Attorney in this behalf, prays may be inquired of by the country. David Bond, For Commonwealth. And the said John Gregg does the like. 17. Petition of Wife of Drunhard, ^c, to act as Feme Sole. p. 701, pi. 22, 24. 4 May 1855, P. L. 430. To the Honorable, the Judges of the Court of Common Pleas of Chester County : i The petition of Sarah Gregg, wife of John Gregg of the Township of Penn in said county. Respectfully represents. That the said John Gregg, from drunkenness, has neglected and refused to provide for the petitioner, and has deserted her for the space of (a)six months (if profligacy or other cause is averred, set out in detail facts constituting the profligacy or other cause) : She therefore prays the Court, if satisfied with the justice and propriety of this application and upon such notice as the Court may direct, — to make a decree and grant her a certificate that she shall be authorized to act, have the power, and transact business as a Feme Sole trader, according to the provisions of the Act of the twenty-second of February, A. D. 1718, entitled, An Act concerning Feyne Sole traders. Sarah Gregg. (Affidavit of truth of petition to be appended.) (a) No time is fixed by the statute, but it is deemed the better practice to state a period of time. LUNATICS AND HABITUAL DRUNKARDS. 485 Chester county, ss. Samuel Rex and George Jones, being duly sworn, say that they are well acquainted with the above-named John Gregg ; that he is of intemperate habits and has so been for the space of one year ; that he has deserted his wife the above-named petitioner, and that he has neglected to provide for her (or as the case may be. Set out in detail the facts within the knowledge of the aflSants). Sworn and subscribed, June ^ Samuel Rex, 1, 1860, before V George Jones. H. Fleming, J. P. J 18. Application of Wife to have sole Charge of Children. p. 701, pi. 23, 24. 4 May 1855, P. L. 430. To the Honorable, the Judges of the Court of Common Pleas of the County of Chester : The petition of Sarah Gregg, the wife of John Gregg of the Township of Penn in said County of Chester, Respectfully represents. That the said John Gregg by drunkenness (or as the case may be), has neglected and refused to provide for James Gregg and Jane Gregg, children of the said John and the petitioner : h She therefore prays the Court, if satisfied of the justice and propriety of this application, and upon such notice as the Court, may direct, to make a decree and grant her a certificate that she shall be authorized to have all the rights and be entitled to claim and be subject to all the duties reciprocally due between a father and his children, and to act and have the power, and transact business, as is provided by the third Section of an Act, entitled " An Act relating to the duties of husband and wife, and parent and children," passed the fourth day of May, Anno Domini one thousand eight hundred and fifty-five. And she will, &c. April 1, 1860. Sarah GREoa. (Affidavit of truth of petition to be appended.) In the Court of Common Pleas of Chester County. 486 LUNATICS AND HABITUAL DRUNKARDS. 19. Order giving Mother the Privileges of a Father. p. 701, pi. 22, 23, 24. 4 May 1855, P. L. 430. In the Application of Sarah Gregg, to be substituted for her husband in care of their children. And now, June 10, 1860, due proof having been made that notice of the application of Sarah Gregg has been given to John Gregg (or as the notice required is), according to the order of the Court, and the allegation in said application being sus- tained by the testimony of Abel Lea and Seth Jones, two re- spectable witnesses, and the Court, being satisfied of the justice and propriety of the application of the said Sarah Gregg, decree and grant her a certificate, that she shall have all the rights, and be entitled to claim and be subject to all the duties reciprocally due between a father and his children, and that she may place them at employment and receive their earnings, and bind them to apprenticeship, without the interference of the said John Greyer, the same as the father of children can now do by law, provided that the said Sarah Gregg shall set such children a good example, and properly educate and maintain them according to her ability. 20. Bond of Committee. p. 682, pi. 18. 13 June 1836, P. L. 596. Know all men by these presents, that we, Seth Lea and Abel Jones, committee of the person and estate of John Gregg, a lunatic, Enoch Rex and James Robb of the County of Chester, are held and firmly bound unto the Commonwealth of Pennsyl- vania, in the sum of ten thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her cer- tain attorney and assigns, to which payment well and truly to be made, we bind ourselves jointly and severally, our heirs, exe- cutors and administrators, firmly by these presents ; Sealed with LUNATICS AND HABITUAL DRUNKARDS. 487 our seals, dated tlie first day of August, in the year of our Lord one thousand eight hundred and sixty : The condition of this obligation is such, that if the above- bounden Seth Lea and Abel Jones shall faithfully perform their trust as committee aforesaid and duly account according to law, for all property and funds which may have come into their hands, then this obligation to be void, or else to remain in full force and virtue. ;aled and delivered in t he^ Seth Jones, [l. S.] presence of Abel Lea, [L. S.] James Davis, Enoch Rex, Tl. S.] David Bond. James Robb. [L. s.] 21. Inventory. p. 682, pi. 22. 13 J une 1836, P. L. 596. Inventory of the Personal Estate and statement of the Real Estate of John Gregg, a lunatic — filed by Seth Jones and Abel Lea, committee of the person and estate of said lunatic. Five Horses, .... Twenty Cows, .... &c., &c. A messuage and tract of land (de- scribing it), .... Chester county, ss. Enoch Rex and James Robb, being duly sworn say, that they have well and truly and without prejudice and partiality, ap- praised the real and personal estate contained in the foregoing inventory, and that the same contains a just and true appraise- ment of the estate mentioned therein. Sworn and subscribed, August ~| Enoch Rex, 10, 1860, before > James Robb. John Graves, J. P. J $500 00 600 00 5000 00 00 $6100 488 LUNATICS AND HABITUAL DRUNKARDS. Chester county, ss. Seth Jones and Abel Lea, above named, being severally duly STVorn say, that the foregoing is a just and true inventory of all the personal estate belonging to the said John Gregg, so far as the same has come to their possession or knowledge, and a cor- rect statement of the real estate of the said John Gregg. Sworn and subscribed, August ^ Seth Jones, 10, A. D. 1860, before >- Abel Lea. John Graves, J. P. J 22. Petition to ajyplt/ Principal of Personal Estate of Lunatic to Support, ^c. p. 682, pi. 24. 13 June 18.36, P. L. 597. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Seth Jones and Abel Lea, committee of the person and estate of John Gregg, a lunatic, Respectfully repre- sents, That the said lunatic has a wife, ]NLary Gregg, and two minor children, viz. : James Gregg and Charles Gregg ; that his per- sonal estate amounts to the sum of one thousand dollars, as by the inventory, a copy whereof is hereto annexed, will appear, and the rent derived from his real estate, which is leased on the most advantageous terms that could be obtained, is two hundred dollars per annum, and that there are debts and engagements due by the lunatic amounting to five hundred dollars, as by the annexed statement thereof will appear. The petitioners further represent, that in their judgment the sum of four hundred dollars will probably be required annually, for the support and maintenance of said lunatic and of his family and the education of his minor children, and that the income of his real and personal estate is insufficient for said purposes. They therefore pray the Court to authorize them to apply so LUNATICS AND HABITUAL DRUNKARDS. 489 mucli of the principal of the personal estate of said lunatic, as may be necessary for the purposes aforesaid. And they will, &c. Seth Jones, Statement of the debts due by Lunatic : — Enoch Rex, Bond, ..... George Shaw, Book Account, . Bank of Chester County, Note, Robert Rex, . . . do. . lBel Lea. $100 00 60 00 200 00 150 00 (Inventory to be annexed.) $500 00 Chester county, ss. Seth Jones and Abel Lea, the within-named petitioners, being duly sworn say, that the statements in the foregoing petition are true ; that the above statement of debts is correct and true, and the annexed is a true copy of the inventory of the estate, real and personal, of the said John Gregg, as filed in the Pro- thonotary's Office of said Court. Sworn and subscribed, August "j Seth Jones, 10, 1860, before > Abel Lea. John Graves, J. P. J 23. Petition of Committee for Authority to Invest. p. 682, pi. 25. 13 June 1836, P. L. 599, To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Seth Jones and Abel Lea, Committee of the person and estate of John Gregg, a lunatic, Respectfully repre- sents, That there is now in their possession, as committee aforesaid, the sum of five hundred dollars, money of said lunatic, and that they expect that a further sum of money, the amount of which is yet unknown, will shortly come into their hands from 490 LUNATICS AND HABITUAL DRUNKARDS. the sale of the chattels of said lunatic (or as the case may be) : The petitioners therefore pray the Court to grant them leave, under the direction of the Court, to invest said money in such stocks or upon such security as shall be approved by the Court. And they will, &c. Seth Jones, Abel Lea. (Affidavit of petitioners of the truth of petition to be appended.) 2J:. Petition for Sale of Real Estate and Exiiihits. p. 683, pL 30, 31, 32. 13 June 1836, P. L. 597. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Seth Jones and Abel Lea, Committee of the person and estate of John Gregg, a lunatic, Respectfully repre- sents, That the said lunatic has a vrife, to "wit, Sarah Gregg and two children, to wit, James Gregg and Charles Gregg (the last of whom is a minor, and has for his guardian George Boyd), who are all the next of kin of said lunatic, capable of inheriting his estate ; — that the personal estate of said lunatic is not sufficient for the payment of his debts and engagements, the support and maintenance of said lunatic and his family, and for the education of his minor child ; the petitioners accompany this petition with a true and perfect statement and inventory of the real and per- sonal estate of the lunatic, so far as the same has come to their knowledge ; a statement of the debts due by the lunatic, so far as they can ascertain the same, and an estimate of the sum that will probably be required annually for the support and mainte- nance of the lunatic, and for the support and maintenance of bis family, and education of his minor child : The petitioners therefore showing to the Court, by the annexed notice and proof of service thereof, that due notice of this appli- cation has been given to the aforesaid wife and next of kin of the said lunatic, pray the Court to make an order authorizing LUNATICS AND HABITUAL DRUNKARDS. 491 them to sell at public sale, — or mortgage, such parts of the real estate of said lunatic as the Court may deem expedient. And they will, &c. Seth Jones, Abel Lea. Chester county, 8S. Seth Jones and Abel Lea, the above petitioners, being duly sworn say, that the allegations in the foregoing petition are true, that the inventory annexed contains a true and perfect statement of the real and personal estate of the lunatic so far as the same has come to their knowledge, that the annexed statement of debts is correct so far as they can ascertain the same, and that the estimate of the sum required annually for the purposes in said petition mentioned, is just and reasonable, as they verily believe. Sworn and subscribed, August ^ Seth Jones, 10, 1860, before > Abel Lea. John Graves, J. P. J Chester county, ss. Enoch Rex and James Robb, being severally duly sworn say, that they are well acquainted with the real estate of John Gregg in the annexed inventory mentioned, viz. (describing it), and are of opinion that the same will bring at a cash sale not more than five thousand dollars, and that they are not interested in said estate. Sworn and subscribed, August ^ Enoch Rex, 10, 1860, before V James Robb. John Graves, J. P. J Statement of debts due by the within-named John Gregg. David Bond, Note, $100 Job Mann, Bond, ... . 400 &c., &c. $500 Statement and inventory of the real and personal estate of said John Gregg. (This should be a copy of that filed in Prothonotary's office.) 492 LUNATICS AND HABITUAL DRUNKAKDS. Chester county, ss. Charles Natt and Job Rea being duly sworn say, that they are well acquainted with John Gregg, the within-named lunatic, and his family, and estimate the sum which would be probably required annually for the support and maintenance of himself and family, and the education of his children, at four hundred dollars. Sworn and subscribed, August "j Charles Natt, 10, 1860, before V Job Rea. John Graves, J. P. J To Sarah Gregg, wife of John Gregg, and James Gregg and Charles Gregg, children of said John Gregg : You will please to take notice, that as committee of the said John Gregg, we intend to apply to the Court of Common Pleas of Chester County, on the fourth day of August next, for an order authorizing a sale or mortgage of such part of the real estate of said John Gregg, as said Court shall deem expedient, for the support and maintenance of said John Gregg and his family, and the education of his minor child. Seth Jones, August 1, 1860. Abel Lea. Chester county, ss. William Lynch, being duly sworn says, that he served the within notice upon Sarah Gregg and James Gregg, therein named, personally, on the second day of August instant, by giving them true copies thereof, and the same day on Charles Gregg, by giving a true copy to his guardian George Boyd (or as the case may be). Sworn and subscribed, August ^ William Lynch. 10, 1860, before V John Graves, J. P. J LUNATICS AND HABITUAL DRUNKARDS, 493 25. Appointment of Auditor to Investigate and Report. p. 683, pi. 33. 13 June 1836, P. L. 597. Chester county, ss. At a Court of Common Pleas, held and kept at West Chester for the County of Chester, the tenth [Seal.] day of August, A. D. one thousand eight hundred and sixty, before the Honorable Townsend Haines, President, and his associates. Judges of said Court : The petition of Seth Jones and Abel Lea, committee of the person and estate of John Gregg, a lunatic, was presented, set- ting forth that the personal estate of the lunatic is not suf- ficient for the payment of his debts and engagements, the sup- port and maintenance of himself and family and the education of his minor child, and praying the Court to make an order authorizing the sale or mortgage of such parts of his real estate as the Court shall deem expedient for the purposes aforesaid : Whereupon the Court appoint William Marshall, Esquire, Auditor to investigate the facts of the case and report upon the expediency of granting said application, and if the case shall require it, the amount proper to be raised by such sale or mortgage. Due notice of the hearing by the said auditor, to be given to Sarah Gregg, the wife, and James Gregg and Charles Gregg, children of said lunatic. By the Court, James Davis, Prothonotary. 26. Iteport of Auditor. To the Honorable, the Judges of the Court of Common Pleas within named : The undersigned. Auditor appoin-ted by the annexed order, for the purposes therein mentioned, Respectfully reports, That he sat for the investigation of the case in said order mentioned, at his office in the borough of West Chester, on the first day 494 LUNATICS AND HABITUAL DRUNKARDS. of September instant, and having been duly sworn, proceeded to the duties committed to him. There were present at the hearing, the petitioners with their counsel, Davis Bond, Esquire, and also Sarah Gregg the wife, and James Gregg, a son of the lunatic, and George Boyd, guardian of Charles Gregg, a minor child of the lunatic, with their counsel, Job Mann (or, — if the wife or any of the children were absent or unrepresented, state proof of their having been notified and how). The Auditor finds the facts of the case in relation to the ailegations in the petition to be as follows, viz. (set out facts). The Auditor therefore reports, that it is expedient to grant the application of the petitioners, and that the amount proper to be raised by said sale (or, — mortgage — as the case may be), will be five thousand dollars (or as the case may be.) All which is respectfully submitted. William Marshall, Auditor. September 10, 1860. 27. Decree of Sale, ^c. p. 683, pi. 34, 38. 13 June 1836, P. L. 598. In the Estate of John 1 In the Court of Common Pleas of Gregg, a lunatic. J Chester County. Upon the application of the committee of the said lunatic for the sale or mortgage of his real estate. And now, September 10, 1860. The report of William Mar- shall, Esquire, Auditor to investigate the facts in this case, being read and confirmed, it is considered by the Court, that an order do issue to Seth Jones and Abel Lea, committee, &c., of said lunatic, to sell the following described real estate of the lunatic, viz. (describing it), at public sale, upon the following terms, viz. : One-third of the purchase-money to be paid cash, one-third in one year, and the remaining third in two years ; the latter two payments with their interest, payable annually, to be secured by judgment-bond and mortgage on the premises. Notice of LUNATICS AND HABITUAL DRUNKARDS. 495 said sale to be given by full advertisement, at least twenty days, by bandbills posted on at least twenty of the most public places in said county, and in at least two newspapers in said county, not less than three times in each (or as the Court may order). (a) It is furthermore ordered, that before the confirmation of said sale, the said committee shall enter into bond to the Common- wealth, in the sum of ten thousand dollars, with Enoch Rex and James Robb as their sureties, who are approved by the Court, for the faithful application of the proceeds of said sale accord- ing to the duties of their trust, and make return to this order on the first day of the next term of this Court. 28. Decree of Mortgage. p. 683, pL 35, 38. 13 June 1836, P. L. 598. In the Estate of John i In the Court of Common Pleas of Gregg, a lunatic. j Chester County. Upon the application of the committee for the sale or mort- gage of his real estate. And now, September 10, 1860. The report of William Mar- shall, Esquire, Auditor to investigate the facts in this case, being read and confirmed, it is considered by the Court, that an order do issue to Seth Jones and Abel Lea, committee, &c., of the said John Gregg, to raise by mortgage of the following described real estate of said lunatic, viz. (describing it), the sum of two thousand dollars for the payment of his debts, the maintenance and support of the lunatic and his family, and the education of his minor child, at a rate of interest not exceeding six per cent, per annum, and that before the confirmation of said mortgage the said Seth Jones and Abel Lea enter into bond to the Commonwealth, in the sum of four thousand dollars, with Enoch Rex and James Robb as their sureties, who are approved by the Court, conditioned for the faithful application of the proceeds of said mortgage, according to the duties of their trust, and make return to this order on the first day of the next term of this Court, (a) ^wRtul Estate, Furdon's Digest, p. 852, \>\. 4. 18 April 1853, V. L. 505. 496 LUNATICS AND HABITUAL DRUNKARDS. 29. Return to Order to Mortgage. P. 683, pi. 30, &c. 13 June 1836, P. L. 698. To the Honorable, the Judges- within named : We, the within-named committee, Do return, that in pur- suance of said order we have raised by loan from Job Mann, the sum of two thousand dollars, for the purposes in said order mentioned, payable in one year from the first day of November instant, with interest at the rate of six per cent, per annum, and to secure the payment thereof, have executed a mortgage to the said Job Mann on the real estate of the said John Gregg de- scribed in said order, which mortgage we pray may be confirmed by the Court. Seth Jones, Abel Lea. November 1, 1860. 80. Decree to raise Money on Land in another County. p. 683, pi. 36. 13 June 1836, P. L. 598. In the Estate of John 1 In the Court of Common Pleas of Gregg, a lunatic. J Chester County. Upon application of Committee of said lunatic, for the sale or mortgasre of his real estate. And now, September 10, 1860. The report of William Mar- shall, Esquire, Auditor to investigate the facts in this case, being read and confirmed, and the Court being satisfied of the expediency of the sale or mortgage of the real estate of the said lunatic, situate in the County of Bucks, viz. (describing it) : it is considered by the Court, that the said Seth Jones and Abel Lea, Committee, &c., of the said lunatic, be authorized to raise the sum of five thousand dollars by the sale or mortgage of said real estate in the County of Bucks, as the Court of Com- mon Pleas of said County of Bucks shall deem expedient. LUNATICS AND HABITUAL DRUNKARDS. 497 31. Petition to Court of another County for Decree of Sale, ^e. p. 683, pi. 36. 13 June 1836, P. L. 698, To the Honorable, the Judges of the Court of Common Pleas of the County of Bucks : The petition of Seth Jones and Abel Lea, Committee, &c., of John Gregg, of the County of Chester, a lunatic, Respectfully represents, That, upon the application of the petitioners to the Court of Common Pleas of said County of Chester, for an order autho- rizing them to sell or mortgage such parts of the real estate of said lunatic as the Court should deem expedient, for the pay- ment of his debts, the maintenance and support of himself and family and the education of his minor children, such proceed- ings were had on the tenth day of September last, that the said Court of Common Pleas of Chester County made an order, authorizing the petitioners to raise the sum of five thousand dollars from the real estate of the lunatic in said County of Bucks, viz. (describing it) : for the purpose aforesaid, by sale or mortgage thereof, as the Court shall deem expedient, as by an exemplification of the records of the said Court of Common Pleas in this behalf, herewith exhibited to the Court, will appear. The petitioners therefore pray the Court to make an order for the sale or mortgage, as they shall deem expedient, of said real estate for the purposes aforesaid. And they will, &c. Seth Jones, Abel Lea. (AflBdavit of truth of petition to be appended.) 32. Bond of Committee on Sale of Heal Estate. p. 683, pi. 38. 13 June 1836, P. L. 598. Know all men by these presents, that we, Seth Jones and Abel Lea, Committee, &c., of John Gregg, a lunatic, Enoch 32 498 LUNATICS AND HABITUAL DRUNKARDS. Rex and James Robb, all of said county, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of ten thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attorney or assigns, to which payment well and truly to be made we bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents : Sealed with our seals, dated the first day of November, in the year of our Lord one thousand eight hundred and sixty. Whereas the Court of Common Pleas of said county, on the tenth day of September last, did make an order authorizing the said Seth Jones and Abel Lea, Committee aforesaid, to raise the sum of five thousand dollars by the sale (or mortgage, as the case may be), of the real estate in said order described, for the payment of the debts of said lunatic and for the support and maintenance of himself and family and the education of his minor children ; Now the condition of this obligation is such, that if the above- named Seth Jones and Abel Lea, Committee aforesaid, shall faithfully apply the proceeds of said sale (or mortgage), accord- ing to the duties of their trust, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the -. Seth Jones, [l. s.] presence of f Abel Lea, [l. s.] William Marshall, C Enoch Rex, [l. s.] James Davis. -^ James Robb. [l. s.] 33. Petition for Deed on Death of Committee. p. 683, pi. 40. 13 June 1S36, P. L. 598. To the Honorable, the Judges of the Court of Common Pleas of the County of Chester : The petition of Job Mann, Respectfully represents, That by virtue of an order of this Court, the tenth day of September last, Seth Jones, Committee, &c., of John Gregg a lunatic, exposed to public sale on the twentieth day of October LUNATICS AND HABITUAL DRUNKARDS. 499 last, the real estate of said lunatic, described in said order, viz. (describing it), and then sold the same to the petitioner for the sum of five thousand dollars, on the conditions in the said order mentioned ; that since said sale, the said Seth Jones, Committee aforesaid, has died (or as the case may be), without having executed a deed to the petitioner for the said real estate. The petitioner therefore prays the Court to direct the Prothonotary of this Court to execute and deliver to him the necessary deed for said real estate, on his paying into Court the said sum of money otherwise payable to said Seth Jones, and in other respects complying with the terms of the said contract of sale. And he will, &c. Job Mann. (Affidavit of truth of petition to be appended.) 34. Petition for Mortgage on Death of Committee. p. 683, pi. 40. 13 June 1836, P. L. 598. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Job Mann, Respectfully represents, That by virtue of an order of this Court, of the tenth day of September last, Seth Jones, Committee, &c., of John Gregg, a lunatic, entered into a contract with the petitioner to borrow from him the sum of two thousand dollars for the purposes in said order mentioned, the same to be paid with interest at the rate of six per cent, per annum, on the first day of November, A. D. one thousand eight hundred and sixty-one, and to be se- cured by mortgage to bear date on the first day of November, on the real estate of said lunatic described in said order, viz. (describing it). That since the making of said contract, the said Seth Jones, committee aforesaid, has died without receiving from the petitioner the money so contracted to be borrowed on executing said mortgage. The petitioner therefore prays the Court to direct the Pro- thonotary of this Court, to execute the said mortgage, upon the 600 LUNATICS AND HABITUAL DRUNKARDS. petitioner paying into Court the said sum of money otherwise payable to said committee, and in other respects complying with the said contract for mortgage. And he "will, &c. Job Mann. (Affidavit of truth of petition to be appended.) 35. Petition for Deed from Neiv Committee on Death of Com- mittee. p. 683, pi. 40. 13 June 1836, P. L. 59S. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Job Mann, Respectfully represents. That by virtue of an order of this Court, of the tenth day of September last, Seth Jones, Committee, &c., of John Gregg, a lunatic, exposed to public sale on the twentieth day of October last, the real estate of said lunatic described in said order, viz. (describing it), and then sold the same to the petitioner for the sum of five thousand dollars, on the conditions in the said order mentioned ; that since said sale, the said Seth Jones, committee aforesaid, has died (or as the case may be), without having exe- cuted a deed to the petitioner for the said real estate : The petitioner further represents, that Abel Lea has been appointed committee of the person and estate of said lunatic : The peti- tioner therefore prays the Court, upon the said Abel Lea giving security to the satisfaction of the Court, for the faithful appli- cation of the proceeds of the sale of the aforesaid real estate according to the duties of his trust, to order the said Abel Lea to execute to the petitioner a deed for the said real estate, upon payment to him, the said Abel Lea, of the purchase- money of said real estate, and the performance of the terms of the contract of sale as aforesaid. And he will, &c. Job Mann. (Affidavit of truth of petition to be appended.) LUNATICS AND HABITUAL DRUNKARDS. • 601 86. Petition for Deed lahere Committee Refuses, — and Notice. p. 683, pi. 40. P. 684, pi. 41. 13 June 1836, P. L. 598, 599, To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Job Mann, Respectfully represents, That by virtue of an order of this Court, of the tenth day of September last, Seth Jones, Committee, &c., of John Gregg, a lunatic, on the twentieth day of October last, exposed to public sale the real estate of said lunatic in said order mentioned, viz. (de- scribing it) ; and then sold the same to the petitioner for the sum of five thousand dollars, on the conditions specified in the said order ; that the said Seth Jones has neglected and refused to execute any deed for said real estate : The petitioner there- fore, showing to the Court, by the annexed notice and proof of service thereof, that due notice has been given to the said Seth Jones of this application, prays the Court, if no sufiicient cause be shown by the said Abel Lea for such neglect and re- fusal, to direct the Prothonotary of this Court to execute and deliver to the petitioner, the necessary deed for said real estate on his paying into Court the said purchase-money otherwise payable to the said Seth Jones, and in other respects comply- ing with the terms of said contract of sale. And he will, &c. Job Mann. (Affidavit of truth of petition to be appended.) Notice to Cojnmittee. To Seth Jones, Committee, &c., of John Gregg, a lunatic : You are hereby notified, that in consequence of your neglect and refusal to execute a deed for the real estate of said lunatic, purchased by me at public sale, under an order of the Court of Common Pleas of Chester County, directed to you, I shall apply to the said Court on the tenth day of November instant, to order the Prothonotary of said Court to execute to me a deed for said real estate, unless sufficient cause be shown for such neglect and refusal. Job Mann. November 1, a. d. 1860. 502 LUNATICS AND HABITUAL DRUNKAEDS. Chester county, ss. William Lynch, being duly sworn says, that he served a notice of ■which the within is a true copy, personally on the said Seth Jones by giving him said notice (or as the case may be), on the first day of November instant. Sworn and subscribed, Novem-1 "William Linch. ber 10, 1860, before I John Graves, J. P. J 37. Petition for Sale of Timber. p. 684, pi. 42. 16 April 1849, P. L. 663. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Seth Jones, Committee of John Gregg, a lunatic, Respectfully represents, That the said lunatic is seised in his demesne as of fee, of and in a certain messuage and tract of land (describing them), that about twenty acres of the same is woodland and is in the judg- ment of the petitioner, more than is necessary for said real estate; that ten acres of the same might be cut off said land without disadvantage thereto ; that the buildings on said real estate are out of repair, and the same needs improvement in other respects (or as the case may be). The petitioner there- fore prays the Court to authorize him to sell and dispose of the wood and timber growing upon ten acres of said land, with the privilege to the purchaser of entering upon said land to cut and carry the same away, or to authorize the petitioner, in his dis- cretion, to cut the same and dispose thereof when cut, if in the opinion of the Court the conversion of the same into money, in either of the modes aforesaid, will be beneficial to said John Gregg, in order that the proceeds of such sales shall be expended in improving the real estate of the said John Gregg (or " form a LUNATICS AND HABITUAL DRUNKARDS. 503 part of his personal estate as if originally a part thereof," as the case may be). And he will, &c. Seth Jones. (Affidavit of truth of petition to be appended.) Chester county, ss. Enoch Rex and James Robb being duly sworn say, that they are well acquainted with the real estate of the said John Gregg in the foregoing petition named, and with the woodland thereof, and are of opinion that the wood might be cut from ten acres thereof beneficially to the said John Gregg ; that in their opinion, said wood is worth not more than seven hundred dollars, and that they are in no wise interested therein. Sworn and subscribed, Novem- "I Enoch Rex, ber 1, 1860, before V James Robb. John Graves, J. P. J 38. Decree to Cut Timber. p. 683, pi. 42. 16 April ]S49, P. L. 663, In the Estate of John 1 In the Court of Common Pleas of Gregg, a lunatic. J Chester County. Upon the application of Seth Jones, Committee, to sell timber. And now, November 1, 1860. The petition of Seth Jones, Committee, &c., of John Gregg, a lunatic, being read, and due cause being shown to the Court, and the Court being of opinion that the conversion into money of the wood from ten acres of his real estate, mentioned in said petition, will be beneficial to the said John Gregg; it is considered by the Court that the said Seth Jones, Committee aforesaid, be authorized to sell and dis- pose of the wood from ten acres of said real estate, with the privilege to the purchaser to enter thereon to cut and carry away the same, or in the discretion of said Committee, to cut the same and dispose thereof when cut ; the proceeds of said sale to be expended in improving the real estate of said 604 LUNATICS AND HABITUAL DRUNKAEDS. Jolin Gregg (or " to form a part of the personal estate of said John Gregg, as if originally a part thereof," as the case may be), the said Seth Jones entering into bond to the Common- wealth, in the sum of fourteen hundred dollars, with Enoch Rex and James Robb as his sureties, who are approved by the Court, for the due application of the proceeds of said timber. 39. Bond of Committee Selling Timber. Know all men by these presents, that we, Seth Jones, Com- mittee of the person and estate of John Gregg, a lunatic, Enoch Rex and James Robb, all of the County of Chester, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sura of fourteen hundred dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attorney and assigns, to which payment well and truly to be made, we bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents ; Sealed with our seals, dated the first day of November, A. D. one thousand eight hundred and sixty : Whereas by an order of the Court of Common Pleas of said county, the said Seth Jones, committee aforesaid, was this day authorized to sell and dispose of certain wood and timber of the said John Gregg, in said order mentioned, or, in his discretion, to cut the same and dispose thereof when cut, and to expend the proceeds in improving the real estate of said John Gregg (or as the case may be) : Now the condition of this obligation is such, that if the said Seth Jones, committee aforesaid, shall duly apply the proceeds of said sale, then this obligation to be void, or else to remain in full force and virtue. Sealed and delivered in the-. Seth Joxks, [l. s.] presence of I Enoch Rex, [l. s.] James Davis, [ James Robb. [l. s.] William Marshall. ^ LUNATICS AND HABITUAL DRUNKARDS. 505 40. Petition to enforce Contract of Lunatic for Sale of Land. P. 684, pi. 43. 13 June 1836, P. L. 599. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Seth Jones, Committee, &c., of John Gregg, a lunatic, Respectfully represents, That the said John Gregg did by contract in writing, here- with exhibited, dated the first day of January, in the year of our Lord one thousand eight hundred and sixty, bind himself to sell and convey to Job Mann, in fee simple, for the considera- tion of five thousand dollars, a messuage, &c. (describing them), with the appertenances, and in pursuance of said contract, one thousand dollars were paid at the date thereof to the said John Gregg, and the remainder was to be paid on the first day of April then next, when a deed was to be executed and delivered to the said Job Mann for the said messuage, &c, ; that since the making of the said contract the said John Gregg has become lunatic, and has been so found by an inquisition taken on the first day of March last, under authority of this Court, being seised and possessed of said real estate, and without having executed and delivered to the said Job Mann a deed for the same ; that the petitioner was duly appointed Committee of the person and estate of the said John Gregg, and that the next of kin of the said John Gregg are his wife, Sarah Gregg, and two children, James Gregg and Charles Gregg, the last of whom is a minor, and has for his guardian, Enoch Rex. The petitioner therefore prays the Court to cause due notice of this application to be given to the said Job Mann, and to the said next of kin of the said John Gregg, to appear in Court on a day certain, and answer this petition, and if no sufficient cause be shown to the contrary, to decree specific performance of said contract, according to the true intent and meaning thereof. And he will, &c. Seth Jones. (Affidavit of truth of petition to be appended.) In the Estate of John Gregg, a lunatic. 506 LUNATICS AND HABITUAL DRUNKAKDS. 41. Order of Court to Parties to come in. ^ In the Court of Common Pleas of Chester County. Application of Seth Jones, Com- mittee, to enforce Contract of Lunatic, &c. And now, April 10, A. D. 1860, upon the hearing of the petition of the said Job Mann, the Court direct that twenty days' notice be given to Job Mann, and to Sarah Gregg the ■wife, and James Greyer and Charles Gregor the children of said lunatic, to appear in this Court on the tenth day of May next, to answer the petition of the said Seth Jones, Committee of the said John Gregg, and show cause, if any they have, why specific performance of the contract mentioned in said petition should not be decreed, according to the true intent and meaning thereof. 42. Notice to Parties to Apj^ear. p. 6S4, pi. .13. 13 June 1S36, P. L. 599. Chester county, ss. At a Court of Common Pleas, held and kept at [Seal.] West Chester, for said County of Chester, on the tenth day of April, in the year of our Lord one thousand eight hundred and sixty, before the Honorable Town- send Haines, President, and his Associates, Judges present. The petition of Job Mann was presented, setting forth that John Gregg did by contract in writing, dated the first day of January, in the year aforesaid, bind himself to sell and convey a messuage (describing it), to Job Mann, in fee simple, for the consideration of five thousand dollars, and in pursuance of said contract, one thousand dollars were paid at the date thereof, and the remainder was to be paid on the first day of April then next, when a deed was to be executed and delivered to the said Job Mann, for the said messuage, &c. ; that since the making LUNATICS AND HABITUAL DRUNKARDS. 507 of the said contract, the said John Gregg has become a lunatic, and has been so found by an inquisition, taken on the first day of March last, under authority of this Court, being seised and possessed of said messuage, &c., and without having executed and delivered a deed for the same, and praying the Court to decree specific performance of said contract, according to the true intent and meaning thereof. Whereupon the Court directed that twenty days' notice should be given to the said Job Mann, and to Sarah Gregg, wife, and James Gregg and Charles Gregg, children of said John Gregg, to appear in Court on the tenth day of May next, and answer said petition, and show cause, if any they or either of them have, why the Court should not decree specific performance of said contract, according to the true intent and meaning thereof. By the Court. James Davis, Prothonotary. In the Estate of John Gregg, a lunatic. 43. Decree of Specific Performance. p. 684, pL 43, 45. 13 June 1836, P. L. 599, 600. In the Court of Common Pleas of Chester County. Upon the Application of Seth Jones, Committee, to enforce Contract of Lunatic, &c. And now, May 10, 1860, proof having been made of due service of the notice heretofore directed on Job Mann the purchaser, and Sarah Gregg the wife and James Gregg and Charles Gregg children of said lunatic, and the Court having fully considered the said petition, and the facts in the case being sufficient in Equity, and no sufficient cause being shown to the contrary, the Court decree that the said contract be specifically performed, according to the true intent and meaning thereof. And the Court further direct, that upon the payment by the said Job Mann of the sum of four thousand dollars, the re- 508 LUNATICS AND HABITUAL DRUNKARDS. mainder of the purchase-money payable according to the terms of said contract, that the said Seth Jones, committee aforesaid, do execute, to the said Job Mann, a good and sufficient deed, conveying to him in fee simple, the said messuage and tract of land in said contract mentioned, in accordance with the inten- tion of the same. 44. Petition to enforce Parol Contract. p. 684, pi. 46. 13 June 1836, P. L. 600. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Job Mann, Respectfully represents, That John Gregg, of said county, entered into a parol con- tract with the petitioner on the first day of January, in the year of our Lord one thousand eight hundred and sixty, by which he bound himself to sell and convey to the petitioner in fee simple, a certain messuage, &c. (describe property), with the appertenances, for the consideration of five thousand dol- lars, in manner following, that is to say, one thousand dollars at the time of said agreement, and the remaining four thousand dollars on the first day of April then next, when a deed from the said John Gre^ir for the same should be delivered to the petitioner ; and it was further agreed that the petitioner should enter into possession of the said messuage, &c., upon the pay- ment of the said sum of one thousand dollars : That the peti- tioner has paid the said sum of one thousand dollars, and entered into possession of the said messuage, &c., in pursuance of said contract ; that since paying said sum of one thousand dollars and entering into possession as aforesaid, he has (state what improvements, &c., or other matters from which the equity arises), and that by reason of the premises the said contract has been so far executed as that it would be against equity to rescind the same. The petitioner further represents, that since the making of the said contract, the said John Gregg has become lunatic, and has been so found by an inquisition taken on the first day of LUNATICS AND HABITUAL DRUNKARDS. 509 March last, under authority of this Court, being seised and pos- sessed of said messuage, without having executed and delivered a deed to the petitioner therefor in pursuance of said contract ; that Seth Jones was duly appointed Committee of his person and estate, and that the next of kin of the said John Gregg are his wife, Sarah Gregg, and two children, James Gregg and Charles Gregg, the last of whom is a minor and has for his guardian Enoch Rex : The petitioner therefore further representing to the Court, that he is willing, and hereby offers to perform his part of the contract, prays the Court to direct due notice of this petition, to be given to the said Seth Jones the Committee aforesaid, and to the said Sarah Gregg the wife, and James Gregg and Charles Gregg, the children of the said lunatic, to appear in Court on a day certain and answer this petition, and if no sufficient cause be shown to the contrary, to decree specific performance of said contract, according to the true intent and meaning thereof. And he will, &c. Job Mann. (Affidavit of truth of petition to be appended.) 45. Petition to Rescind Contract. p. 684, pi. 47. 1.3 June 1836, P. L. 600. To the Honorable, the Judges of the Court of Common Pleas of Chester County: The petition of Seth Jones, Committee of John Gregg, a lunatic, Respectfully represents. That the said John Gregg did by agreement in writing herewith exhibited, dated the first day of January, in the year of our Lord one thousand eight hundred and sixty, con- tract with Job Mann, to purchase from him a messuage, &c. (describing them), with the appertenances, in fee simple, for the consideration of five thousand dollars ; and in pursuance of said contract, one thousand dollars of said consideration was paid at the date thereof, and the remainder was to be paid on the first day of April then next, at which time a deed was to be executed and delivered by the said Job Mann 510 LUNATICS AND HABITUAL DRUNKARDS. for the said messuage, &c., with the appertenances ; that since the making of the said contract, the said John Greffof has be- come lunatic and has been so found by an inquisition under authority of this Court, without having executed said contract with the said Job Mann ; that the petitioner has been duly ap- pointed committee of the person and estate of the said John Gregor, and that the next of kin of the said John Gregor are his wife Sarah Gregg and two children James Gregg and Charles Gregg, the last of whom is a minor, and has for his guardian Enoch Rex : The petitioner further represents (set out facts showing that it is advantageous to lunatic's estate to rescind) ; he therefore prays the Court to direct due notice of this petition to be given to the said Job Mann and the said Sarah Gregor, James Grecror and Charles Gregg, to appear in open Court on a day certain and answer this bill and petition, and, with the assent of the said Job Mann, if no sufficient cause be shown to the contrary, to make a decree for the rescinding the said contract, if such proceeding shall not be disadvantageous to the estate of said John Gregg, upon such terms as shall be equitable and just. And he will, &c. Seth Jones. (Affidavit of truth of petition to be appended.) In the Estate of John Gregg, a lunatic. 46. Decree of Rescission. p. 6S1, pi. 47. 13 June 1836, P. L. 600, In the Court of Common Pleas of Chester County. > Upon the petition of Seth Jones, Committee, to rescind Contract J of Sale. And now, May 10, 1860 ; Proof having been made of due ser- vice of the notice heretofore directed, on Job Mann the ven- dor, Sarah Gregg, James Gregg and Charles Gregg the next of kin of said lunatic, and the said Job Mann having by writing LUNATICS AND HABITUAL DRUNKARDS. 611 filed, assented to the rescinding of the contract in said petition mentioned, the Court upon due consideration of the case, being of opinion that the rescinding of said contract will not be dis- advantageous to the estate of the said lunatic, and no cause being shown to the contrary, do decree that upon the repayment by the said Job Mann to Seth Jones, Committee aforesaid, of the sum of nine hundred dollars (or as the terms may be), part of the aforesaid sum of one thousand dollars, paid to the said Job Mann in pursuance of said contract, within thirty days from the date of this decree, that the contract aforesaid be re- scinded. 47. Petition to Discharge Lunatic from Arrest. p. 685, pi. 50. 13 June 1836, P. L. 601. „r -N In the Court of Common Pleas of Chester James Wills ) ^ \ County. Gre 1 ^^ ^^""^ ^®^™' ■^^^^' ^''' ^^' ^ Capias Trespass, Bail ^1000. To the Honorable, the Judges of the Court of Common Pleas of Chester County aforesaid : The petition of James Gregg, Respectfully represents, That the said John Gregg is the father of the petitioner (or as the case may be), and was this day arrested and is now held in custody of the Sheriff of said county, by virtue of a writ of Capias ad Respondendum^ issued in the above case; that the said John Gregg was on the tenth day of March last, by an inquisition under the authority of this Court, found to be a lunatic, as by a certified copy of the proceedings upon such inquisition herewith produced will appear : The petitioner therefore prays the Court to discharge the said John Gregg from arrest and imprisonment aforesaid without bail. And he will, &c. James Gregg. (Afiidavit of truth of petition to be appended.) 512 LUNATICS AND HABITUAL DRUNKARDS. 48. Affidavit of Plaintiff to prevent Discharge of Lunatic. p. 685, pi. 50, 51. 13 June 1836, P. L. 601. T TTT -. In the Court of Common Pleas of Chester James wills ^ f County. J p' (Of May Term, 1860. No. 10. JOHN i^REGG. J ^^^^.^^ Trespass, Bail $1000. Chester county, ss. James Wills being duly sworn says, that he verily believes that the inquisition by which the said John Gregg the above defendant was found a lunatic, was unduly and untruly found (or " that the said John Gregg the defendant, has been restored to a sound state of mind"). Sworn and subscribed, May 1, ^ James Wills. A. D. 1860, before V John Graves, J. P. ) 49. Jailor s notice to Justice on Arrest of Insane Person. p. 685, pi. 52. 13 June 1836, P. L. 601. >. In the Court of Common Pleas of the City JaxMes Wills j n ^ f t>i -i i i i,- I and County ot rhiladelphia. ^' I Of May Term, 1860. No. 10. John Gregg, j ^ . rn Capias Irespass. To John Graves and John Newlin, Esquires, Justices of the Peace of said county : You are hereby notified that the above- named defendant John Gregg, was arrested by virtue of a writ of Capias ad Respondendum, issued in the above case, is now in prison in the jail of said county, and appears to be of unsound mind ; you are therefore required to attend at said prison and inquire into the state of the mind of said John Gregg. John Haines, May 1, 1860. Keeper. LUNATICS AND HABITUAL DRUNKARDS. 513 60. Finding of Justices on Imprisonment of Insane Defendant. p. 685, pi. 6.1 13 June 1836, P. L. 602. ^ „^ ^ In the Court of Common Pleas of the County James WILLS | ^f Chester. , !; (Of May Term, 1860. No. 10. John Gregg. I ^ . m -^ Capias Irespass. To James Davis, Prothonotary of the said Court : The un- dersigned, two of the Justices of the Peace of said county, Do certify, that in pursuance of a notice from John Haines, keeper of the Chester County prison, having attended at said prison on the second day of the present month of May, to inquire into the state of the mind of John Gregg the above defendant ; and by our own view and by examination, by the oaths and affirmations of such persons as we thought fit to examine, we inquired into the state of the mind of the said John Gregg, and it then and there appeared to us that the said John Gregg is of unsound mind, and unfit to apply for the benefit of the act for the relief of insolvent debtors. Witness our hands and seals, the third day of May, A. D. one thousand eight hundred and sixty. John Graves, [l. s.] John Newlin. [l. s.] 51. Order of Court for Appearance for Insane Defendant. p. 685, pi. 56. 13 June 1836, P. L. 602. In the Court of Common Pleas of Chester James Wills f County. JoH«GRE«a.j Of May Term, I860. No. 10. ■^ Capias Trespass. And now. May 5, 1860, the Court here being given to under- stand, that the said John Gregg, being in custody under the writ issued in the above case, is of unsound mind, do appoint James Gregg, a son of the said John Gregg, to appear and act for him 33 514 LUNATICS AND HABITUAL DRUNKARDS. in said action, and do order that the appearance of said James Gregg to said action be forthwith entered of record. 52. Order of Discharge of Insane Defendant. p. 685, pi. 65, 13 June 1S36, P. L. 602. In the Court of Common Pleas of Chester James Wills , ( County. John Gregg I ^^ ^^^^ ^®^™' '^^^^' ^^- ^^• Capias Trespass. And now, May fifteenth, A. D. 1860, It appearing to the Court, that the notice heretofore directed in this case has been published and given to James Wills, the plaintiff, according to the order of the Court, and' the Court having proceeded to ascertain the state of the mind of the said John Gregg, and being satisfied that he is of unsound mind, — it is ordered that the said John Gregg be discharged from confinement under the writ in the above case. 53. Order to deliver Insane Defendant to Lunatic Asylum. P. 676, pi. 7. p. 685, pi. 55. P. 686, pi. 62. 14 April 1845. P. L. 441. 13 June 1836, P. L. 603. 31 March 1860, P. L. 445. T _- ^ In the Court of Common Pleas of Chester James Wills ) ^ f County. ^' ( Of May Term, 1860. No. 10, John Gregg. I ^ . m -^ Capias irespass. And now. May fifteenth, a. d. 1860, It appearing to the Court, that the notice heretofore directed in this case has been published and given to James Wills, the plaintiff, according to the order of the Court ; — and the Court having proceeded to as- certain the state of the mind of the said John Gregg, and being satisfied that he is of unsound mind : and it further appearing to the Court, that the said John Gregg is not in a fit condition LUNATICS AND HABITUAL DRUNKARDS. 515 of mind to be set at large, it is ordered that the said John Gregg be committed to the Pennsylvania State Lunatic Hospital, to be kept in strict custody, at the expense of said County of Ches- ter, — he being in indigent circumstances — so long as he shall continue to be of insane mind (or " be delivered to his kindred and friends," as the case may be). 54. Order Appointing Assignees on Discharge of Insane Defendant. P. 685, pi. 57. 13 June 1836, P. L. 60.3. T „r \ ^^ t^e Court of Common Pleas of Chester James Wills | ^ ^* ( Of August Term, 1860. No. 2. John G^^^^^^- J e^. ^,: Debt $500. And now, August 10, 1860, It appearing to the Court that the notice heretofore directed in this case has been published and given to James Wills, the plaintiff, according to the order of the Court, and the Court having proceeded to ascertain the state of the mind of the said John Gregg, the defendant, and being satisfied that he is of unsound mind, it is ordered that the said John Gregg be discharged from confinement under the writ in above case ; and the Court appoints Seth Jones and Abel Lea to act as assignees of the estate and effects of the said John Gregg, with the same effect, to all intents and purposes, as if the said Seth Jones and Abel Lea had been named and appointed assignees in an assignment made by the said John Gregg, being of sound mind, under the laws relating to insolvent debtors. 516 LUNATICS A^'D HABITUAL DRUNKARDS. 55. Order authorizing Arrest of Defendant on becoming of Sound 3find. James Wills ^ p. 6S5, pi. 57. 13 June 1S36, P. L. 603. In the Court of Common Pleas of Chester County. ^" r Of May Term, 1860. No. 10. John Gregg. ) ^ ■ m ■^ Capias Irespass. And now, December 10, 1860, Due proof having been made to the Court, that since the order of discharge of the said John Gregg, heretofore made in this case, he has become of sound mind ; it is ordered that the said John Gregg may be arrested and imprisoned in the above suit. 5Q. Petition of Bail of Lunatic for Discharge. p. 6S5, pi. 60. 13 June 1836, P. L. 603. T ,^. ^ In the Court of Common Pleas of Chester James uills ) ^ f County. ^ I Of May Term, 1860. No. 10. John Gregg. ) ,^ .^^ ■^ Capias Irespass. To the Honorable, the Judges of the Court of Common Pleas aforesaid : The petition of Enoch Rex, Respectfully represents, That the petitioner is the special bail for the said John Gregg, in the above-stated action, and that the said John Gregg at the time of his arrest, viz., on the first day of April last, had been (or — subsequently to the time of his arrest, viz., on the first day of April last, has been) found by an inquisition, under the au- thority of this Court, to be a lunatic ; that in consequence of such lunacy the said John Gregg could not be surrendered to the pi-ison ■without prejudice to his health and safety. The petitioner there- fore, showing that he has not become absolutely liable as special bail aforesaid, prays the Court, after due notice to the said James Wills, to hear and decide the question and if, upon hear- LUNATICS AND HABITUAL DRUNKARDS. 517 ing, the Court shall be satisfied of the truth of the facts herein stated, to order an exoneretur to be entered upon the bail-piece in this case. And he will, &c. Enoch Rex. (Affidavit of truth of petition to be appended. 57. Order to enter Exoneretur on Bail-piece of Lunatic. p. 6S5, pi. 60. 13 June 1836, P. L. 603. In the Court of Common Pleas of Chester WILLS j V. James Wills , f County John GaEOa. «/ M^^^J-"' l^CO- No. 10. ^ (Japias Trespass. And now, May 10, 1860, It appearing to the Court that due notice has been given to James Wills, the above plaintiff, of the hearing of the application of Enoch Rex, for the entry of an exoneretur on the bail-piece in this case, and the Court being satisfied that the facts stated in the said application are true, and that the said John Gregg could not be surrendered to prison without prejudice to his health and safety, and it further ap- pearing that the said Enoch Rex has not become absolutely liable on special bail aforesaid : — do order an exoneretur to be entered on the bail-piece in this case. 58. Bond of Friends of Lunatic Criminal. p. 686, pi. 65. 31 March 18f;0, P. L. 445. Know all men by these presents, that we, James Gregg, son of John Gregg, hereafter mentioned, Seth Jones and Abel Lea, all of the County of Chester, are held and firmly bound to the Commonwealth of Pennsylvania, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attorney or assigns, to which payment well and truly to be made, we bind ourselves, jointly and severally, our heirs, executors and administrators, firmly 518 LUNATICS AND HABITUAL DRUNKARDS. by these presents : Sealed witli our seals, dated the first day of May, in the year of our Lord one thousand eight hundred and sixty. Whereas the said John Gregg was this day tried in the Court of Quarter Sessions of said county, on a charge of as- sault and battery upon one Enoch Rex, and was acquitted by the jury trying said charge, and said jury found specially that the said John Gregg was acquitted upon the ground of insanity at the time of the commission of said offence : and the Court has made an order for the enlargement of said John Gregg, and his delivery to his kindred and friends upon security being en- tered by such kindred and friends, with condition according to law. Now the condition of this obligation is such, that if the said John Gregg shall be restrained by seclusion or otherwise, from the commission of any oifence, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the ^ James Gregg, [l. s.] presence of James Davis, William Marshall. Seth Jones, [l. s.] Abel Lea. [l. s.] 69. Petition for Supersedeas of Committee, ^c. p. 686, pi. 67. 13 June 1836, P. L. 605. The Commonweath of Pennsylvania, ex re- latione James Wills, V. John Gregg. In the Court of Common Pleas of Chester County. Of May Term, 1860. No. 10. Commission in the nature of a writ de lunatico inquirendo. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg, Respectfully represents, That the inquisition, by virtue of the above commission, held on the twelfth day of March last, found the petitioner to be a lunatic, and that Seth Jones was on the confirmation of said in- quisition, viz., on the first day of May then next, appointed LUNATICS AND HABITUAL DRUNKARDS. 619 Committee of his person and estate. The petitioner further represents, that he is restored to a sound state of mind : He therefore prays the Court to take proof of the facts, and if the Court shall be satisfied of the truth of the allegations herein, to make an order that the commission issued in this case and the inquisition taken thereon, and the appointment of the com- mittee and all proceedings relating thereto, be suspended (" or altogether superseded and determined"). And he will, &c. John Gregg. (Affidavit of truth of petition to be appended.) 60. Order to Supersede. p. 68fi, pi. 67. 13 June 1836, P. L. 605. The Commonwealth of ^ In the Court of Common Pleas of Pennsylvania, ex re- Chester County. latione James Wills, I Of May Term, 1860. No. 10. V. Commission in the nature of a writ John Gregg. de lunatico inquirendo. Upon the petition of said John Gregg for a Supersedeas. And now, December 10, 1860, The Court having taken proofs of the facts, and being satisfied that the allegations in said pe- tition are true, that the said John Gregg is restored to a sound state of mind, do order that the commission issued in this case and the inquisition taken thereon, and the appointment of com- mittee and all proceedings relating thereto, be altogether super- seded and determined (or "be suspended until the further order of the Court," as the case may be). 61. Application to dismiss Committee of Lunatic. p. 307, pi. 211. 1 May 1861, P. L. 630. P. 682, pi. 22. 13 June 1836, P. L. 596. To the Honorable, the Judges of the Court of Common Pleas of Chester County : 520 LUNATICS AND HABITUAL DRUNKARDS. The petition of James Gregg, respectfully Represents, That heretofore, to wit, on the first day of July, A. d. one thousand eight hundred and sixty, such proceedings were had in the said court, that John Gregg of the same county was found to be a lunatic, &c., and Seth Lea and Abel Jones were appointed the Committee of his person and estate, and under- took the said trust ; that the said Seth Lea and Abel Jones, committee aforesaid, have for more than forty days since they undertook the said trust, neglected to exhibit a true and perfect inventory of the estate and property of the lunatic, which have come to their hands and knowledge according to law (or as the case may be). The petitioner further showing that he is a son of the said John Gregg and a person interested, prays the Court to issue a citation to the said Seth Lea and Abel Jones to ap- pear on a day to be named by the court to answer the said charge and make such necessary rules and orders for bringing said matter to a hearing as the court may deem right ; and if upon the hearing the court shall be satisfied of the truth of the matters herein charged, that they will vacate the appointment of the said Seth Lea and Abel Jones as committee aforesaid, remove them and appoint suitable persons as committee afore- said. And he will, &c. October 1, 1860. James Gregg. (AflSdavit of truth of petition to be appended.) l^^ Draw a decree as in decree for discharging guardian mutatis mutandis. 62. Petition in case of Lunatic Married Woman. p. 6S7, pi. 71. 28 October 1851, P. L. 725. To the Honorable, the Judges of the Court of Common Pleas of Chester County : LUNATICS AND HABITUAL DRUNKARDS. 521 The petition of 'John Gregg, Respectfully represents, That Sarah Gregg, the wife of the petitioner, has become in- sane, and has been so, for the space of six months past and up- wards, as by the affidavits hereto annexed will appear : The petitioner therefore prays the Court to select and appoint three discreet and intelligent persons, one of whom shall be a prac- tising physician, to make an examination of the said alleged in- sanity, and on report of the facts thereof, to take such order in the premises as is directed by the Act of Assembly in such case made and provided. And he will, &c. John Gregg. (Affidavits of truth of petition and of facts manifesting in- sanity, to be appended.) 63. Lunatic Married Woman, — Order to Examine. p. 687, pi. 7L 28 October 1851, P. L. 725. Chester county, ss. At a Court of Common Pleas, held and kept at [Seal.] West Chester for the County of Chester, on the first day of April, A. D. one thousand eight hun- dred and sixty, before the Honorable Townsend Haines, Presi- dent, and his Associates, Judges of said Court. Upon the petition of John Gregg of said county, setting forth that Sarah Gregg, the wife of the petitioner, had become insane, and pray- ing the Court to select and appoint three discreet, intelligent persons, one of whom shall be a practising physician, to make an examination into the alleged insanity of the said Sarah Gregg : The Court, on due consideration, select and appoint Jacob Price, M. D., Job Mann and Abel Lea, to make an ex- amination, personal or otherwise, of such alleged insanity, and report the facts to the Court. And the Court direct the said examination be made upon ten days' notice of the time and 522 LUNATICS AND HABITUAL DRUNKARDS. place thereof, to James Wills, the brother of the said Sarah Gregg. Bj the Court. James Davis, Prothonotary. 64. Lunatic 3Iarried Woman, — Report of Examiners. p. 687, pi. 71. 28 October 1851, P. L. 725. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The undersigned, appointed by the annexed order of the Court for the purposes therein mentioned, Report, that having been first duly sworn, and after due notice to James Wills, the brother of the said Sarah Gregg, as directed by the Court, we did, on the twentieth day of April instant, at the house of the said John Gregg, make an examination personal and by the testimony of witnesses, of the alleged insanity of the said Sarah Gregg and report the facts as follows, viz. (set out the facts) ; we are therefore of opinion that the said Sarah Gregg is insane. All which is respectfully submitted. Jacob Price, Job Mann, April 21, 1860. Abel Lea. 65. Lunatic Married Woman, — Order of Court. p. 687, pi. 71. 28 October 1S71, P. L. 725. In the Court of Common Pleas of Chester County. ► On the Application of said John Gregg, for an Examination of the alleged insanity of his Wife. And now, May 1, 1860, Jacob Price, M. D., Job Mann and In the Matter of Sarah Gregg, a lunatic. Wife of John Gregg. MANDAMUS. 523 Abel Lea, heretofore appointed to examine into the alleged in- sanity of Sarah Gregg, having represented to the Court the facts of the case, and the Court being fully satisfied that the said Sarah Gregg is insane and having approved said report ; — it is ordered that said report be filed of record in said Court, and that the said John Gregg, upon giving good and sufficient security to the Commonwealth, by bond in the sum of five thou- sand dollars, with Enoch Rex and Job Mann as his sureties, who are approved by the Court, conditioned for the faithful per- formance of his trust, shall have power to transact all business relating to the management and disposition of the estate, real and personal, of himself or of the said Sarah Gregg, in as full and ample a manner as he might or could do, if the said Sarah Gregg were sane and gave her full consent thereto. MANDAMUS. 1. Petition. p. 688, pi. 1, mon Pleas of Ches- aries of lot of John Gregg, &c. J ter County. And now, March 10, 1860, The Court fix the first day of May next, at ten o'clock in the forenoon, at the Court House in the borough of West Chester, for the appointment of Commis- sioners to designate the boundaries of the lot on which the said John Gregg has commenced to erect a building, &c., and direct ten days' notice thereof to be given to the said John Gregg and all persons interested ; to those in the County of Chester per- sonally, or by writing left at the place of their abode, and to all others, by publication, for two successive weeks, in the Vil- lage Record (or as the Court may order). mechanic's lien. 543 4. Appointment of Commissioners hy Agreement. p. 709, pi. 3, 7, 8. 16 June 1836, P. L. 697. In the Matter of the Application '\ In the Court of Cotn- OF James Wills, to designate bound- > mon Pleas of Ches- aries of lot of John Gregg, &c. J ter County. And now, May 1, 1860, It appearing that due notice of the hearing of said application has been given, according to the order of the Court to the said John Gregg and all parties inte- rested, the Court appoint Enoch Rex, Seth Jones and Abel Lea, persons nominated by all the parties interested, Commis- sioners to designate the boundaries of the said lot or piece of ground in the said application mentioned, or the curtilage apper- tenant to the building commenced thereon ; and the said com- missioners are to examine the place at which said building is being erected, and make report to the Court thereon, sufficiently designating and describing by metes and bounds, with their courses and distances, and by a draft, if necessary, the limits and extent of ground necessary for the convenient use of such building for the purposes of a dwelling-house for which it is designed (or as the case may be). 6. Appointment of Commissioners ivitliout Agreement. p. 709, pi. 3, 7. 16 June 1836, P. L. 697. In the Matter of the Application ^ In the Court of Com- OF James Wills to designate bound- > mon Pleas of Ches- aries on lot of John Gregg. J ter County. And now, May 1, 1860, It appearing that due notice of the hearing of said application has been given according to the order of the Court to the said John Gregg and all parties interested, and that the said parties cannot agree upon a nomi- nation of Commissioners, the Court appoint Enoch Rex, Seth Jones and Abel Lea, Commissioners to designate the boundaries 644 mechanic's lien. of said lot mentioned in said application or tlie curtilage apper- tenant to the building commenced thereon, and said commis- sioners are to examine the place at which said building is being erected (or the said buildings, as the case may be), and make report to the Court, therein sufficiently designating and de- scribing by metes and bounds, ■with their courses and distances and, by a draft if necessary, the limits and extent of ground necessary for the convenient use of such building, for the pur- poses of a dwelling-house for which it is designed. 6. Report of Commissioners. p. 709, pi. 8. 16 June ]836, P. L. 697. To the Honorable, the Judges of the Court of Common Pleas "within named : The undersigned, commissioners appointed by the annexed order for the purposes therein mentioned, Report, That having been duly sworn, faithfully to perform the duty committed to us, we did on the first day of June instant, exam- ine the place at which the building in said order mentioned is being erected (or the buildings in said order mentioned, as the case may be), and designate and describe by metes and bounds, with their courses and distances hereafter specified, as well as by the draft hereto annexed, the limits and extent of ground necessary for the convenient use of said building for the pur- poses of a dwelling-house for which it is designed ; that is to say, beginning at a stone, &c. (setting out metes and bounds with courses and distances specifically), all which is respectfully submitted. Enoch Rex, Seth Jones, June 2, 1860. Abel Lea. mechanic's lien. 545 7. Claim. p. 709, pi. 3, p. 710, pi. IS, 19. 16 June 1836, P. L. 697, 698. James Wills 1 x , ^ n r^ -r., in the Court ot (Jommon Jrleas oi V. T /^ J )- Chester County. John Gregg, owner, and ,, , . , x / x T T.,T X ^ Mechanic s Lien. (a) Job Mann, contractor, j ^ '' James Wills above named, hereby files his claim or statement of demand for work done (or as the case may be), for and about the erection and construction of (the building hereafter men- tioned, and against the same and the ground covered by said building, and so much other ground immediately adjacent there- to and belonging to the above-named John Gregg, as may be necessary for the ordinary and useful purposes of the same, and sets forth as follows, viz. : 1. The name of the party claimant is James Wills ; the name of the owner or reputed owner of said building is John Gregg ; the name of the contractor (or as the case may be), is Job Mann. 2. The amount claimed to be due is two hundred dollars for stone and lime (or as the case may be), furnished within six months past, the particular items, amounts and dates when said materials were furnished, being specifically set out in a bill hereto annexed and made part of this claim. 3. The said building is located on a lot or piece of ground, part of a tract of land situate, &c. (describing situation of land), it is a two-storied stone building with two-storied stone back buildings, the main building being about thirty feet in front by forty feet in depth, and the back buildings being about twenty feet in width by forty feet in depth : Witness the hand of the said James Wills, the first day of May, a. d. 18G0. James Wills. (a) See Shujerhj v. Cawley, 2 Casey 248 ; Fourth Baptist Church v. Front, 4 Id. 153. 35 546 mechanic's lien. (A bill of items with the dates should be annexed : if deemed advisable the particulars may be stated in the body of the claim ; the plan here suggested is most convenient where there are several items.) 8, Claim against Adjoining Buildings. P. 709, pi. 18, 19. P. 711, pi. 20, 21, 22. 16 June 18?,6, P. L. 698, 699. 30 March 1.S31, P. L. 243. 25 April 1850, P. L. 576. James Wills -^ In the Court of Com- V. I mon Pleas of Ches- JoHN Gregg, owner or reputed owner, [ ter County, and Job Mann, contractor. -^ Mechanic's Lien. James Wills above named, hereby files his claim or statement of demand for work done (or as the case may be), for and about the erection and construction of the three several buildings hereafter mentioned, and against the same and the ground cov- ered by said buildings, and so much other ground immediately adjacent thereto and belonging to the said John Gregg, as may be necessary for the ordinary and useful purposes of the same, and sets forth as follows, viz. : 1. The name of the party claimant is James Wills, the name of the owner or reputed owner of said buildings is John Gregg, the name of the contractor (or as the case may be), is Job Mann. 2. The amount claimed to be due is two hundred dollars for stone and lime (or as the case may be), furnished within six months past, the particular items, amounts and dates when the said materials were furnished being specifically set out in a bill hereto annexed, and made part of this claim. 3. The said buildings are located in the borough of Penn in said county, on the north side of Gay street, the easternmost house being fifty feet west from High street and adjoining lands of Seth Jones on the east, and Abel Lea on the west, each of said buildings is a two-storied brick dwelling-house, twenty feet in front by thirty feet in depth ; and the said James Wills ap- portions the amount of his claim among said houses as follows, viz. : he claims to be due to him on the easternmost of said mechanic's lien. 547 bouses the sum of seventy dollars, on tlie westernmost of said houses the sum of sixty dollars, and on the middle house of said buildings the sum of seventy dollars. Witness the hand of the said James Wills, the first day of May, A. D. 1860. James Wills. (Add bill of items, &c.) 9. Claim on Contract. P. 714, pL 41. 16 April 1845, P. L. 538. James Wills , V. f In the Court of Common John Gregg, owner or reputed f Pleas of Chester County, owner. -^ James Wills above named, hereby files his claim or statement of demand, for Avork done and materials furnished for and about the construction of the building hereafter mentioned, and against the same and the ground covered by said building, and so much other ground immediately adjacent thereto and belonging to the said John Gregg, as may be necessary for the ordinary and use- ful purposes of the same, and sets forth as follows, viz. : 1. The name of the party claimant is James Wills ; the name of the owner or reputed owner of said building is John Gregg. 2. The amount claimed to be due is two thousand dollars, for carpenter work — mason work (setting out different kinds of work) done, and for stone, lime (setting out different kinds of materials) furnished, between the first day of October, in the year of our Lord one thousand eight hundred and fifty- nine, and the first day of April last past, under and in pursu- ance of a contract between the said James Wills and the said John Gregg ; — dated the said first day of October aforesaid, for the erection of said building, a copy of which contract is hereto annexed and made part of this claim. 3. The said building is located on the north side of Gay 648 mechanic's lien. street, fifty feet west from Higli street, in the Borough of Penn in said county, on a lot adjoining ground of Seth Jones, Abel Lea and others ; — and is a two-storied brick building, about twenty feet in front by thirty feet deep, with two-storied back buildings, fifteen feet in width by twenty feet in depth. Witness the hand of the said James Wills, the first day of March, a. d. 1860. James Wills. (Annex copy of contract.) 10, Suggestion of Additional Claim. p. 713, pi. 36. 14 April 1855, P. L. 238. 1 In the Court of Common Pleas of Chester County. ' Upon claim filed March 1, John Gregg, owner or reputed ' owner, and Job Mann, con- tractor. 1860, upon Mechanic's Lien. Docket No. 2, p. 60. And now. May 1, 1860, the said James Wills comes into the ofiice of the Prothonotary of said Court, and gives it to be understood, that since the filing of the above-stated claim, he has performed further work (or as the case may be), for and about the erection of the building in the above claim mentioned, viz. (describing the building as in the original claim): owned or reputed to be owned by the said John Gregg, the said Job Mann being the contractor therefor ; that the amount claimed to be due to the said James Wills for the said further work (or as the case may be), is one hundred dollars, the particular items, amounts owed and dates when such work was done, being set out in a bill hereto annexed and made part of this claim ; and he sugo-ests the same on the above-stated record according to the form of the Act of Assembly in such case made and provided. James Wills. (Annex bill of items.) mechanic's lien. 549 11. Return of Sheriff to Scire Facias. p. 30, pi. 3. p. 712, pi. 27. 13 June 1836, P. L. 672. 16 June 1836, P. L. 699. To the Honorable, the Judges within named : I, Jesse John, Sheriff of said County of Chester, to the within writ do certify and return ; that I served the same on the within-named John Gregg, on the tenth day of April, 1860, by reading it in his hearing (or by " giving him notice of its contents") and by giving him a true and attested copy thereof, and on the same day, on the within-named Job Mann, who could not conveniently be found, by leaving a true and attested copy thereof at the dwelling-house of Seth Jones, in whose family the said Job Mann resides, with an adult member thereof; and also leaving a copy on the same day, at the building men- tioned in said writ, with Abel Lea residing therein. So answers, Jesse John, Sheriff. 12. Return of Sheriff to Scire Facias tvhen Parties are not found, ^-0. P. 712, pi. 27. 16 June 1836, P. L. 699. To the Honorable, the Judges within named : I, Jesse John, Sheriff of the said County of Chester, to the within writ do certify and return. That I served the same on the tenth day of April, 1860, by affixing a copy thereof on the door (or "front part," as the case may be), of the building in the said writ mentioned, the said building not being occupied as a place of residence, and I further certify and return, that the said John Gregg and Job Mann have nothing in my bailiwick by which they can be summoned. So answers, Jesse John, Sheriff. 550 mechanic's lien. 13. Suggestion of Another Person on Scire Facias. p. 712, pi. 28. 16 June 1S36, P. L. 700, James Wills "^ In the Court of Common V. Pleas of Chester County. John Gregg, owner or reputed V Of May Term, 1860, Ko. 10. owner, and Job Manx, con- Scire Facias upon Mechan- tractor. J ic's Lien. And now, May 1, 1860, Seth Jones comes into Jourt ana gives the Court to understand and be informed, that on the first day of March in the year aforesaid, according to the form of the Act of Assembly in such case made and provided, he filed in said Court, a claim against the above-named John Gregg, owner or reputed owner and Job Mann, contractor (or as the case may be), for the sum of one hundred dollars, for work done (setting out the nature and kind of work or materials, as the case may be), for and about the erection and construction of a certain building, to wit (describing it as in the claim), as will fully appear by the Records of this Court ; being the same buildincr mentioned in the writ of Scire Facias issued in this case : — and thereupon this suggestion is entered of record, and at the request of the said Seth Jones, the Court grant a rule upon the said John Gregg and Job Mann, to appear and plead to the said suggestion in thirty days, or in default thereof that judg- ment be entered atjainst them. 14. Petition of Defendant ivhere no Scire Facias has issued. p. 713, pi. 33. 16 June 1836, P. L. 701. In the Court of Com- James "Wills V. John Gregg, owner or reputed owner, and Job Mann, Contractor. mon Pleas of Ches- ;. ter County. See Mechanic's Lien. Docket No. 2, p. 50. MILL-DAMS. 551 To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg above named, Respectfully re- presents : That on the first day of March last, the above-named James Wills filed in this Court a claim for the sum of one hundred dollars, for work done by him for and about the erection and construction of the following described building, viz. : (describe it as in claim), of which the petitioner is the owner ; that said claim has been paid in full (or as the case may be, set out the facts), and that by reason thereof, there is nothing due from the petitioner to the said James Wills (or " there is but fifty dollars due from the petitioner to the said James Wills," setting out as the case may be), and that no Scire Facias has been issued on said claim : The petitioner therefore prays the Court to grant a rule upon the said James Wills and such other persons, if any, as may be interested in said claim, to appear in Court, at a time to be fixed for that purpose, and show cause why said claim should not be proceeded on as if a Scire Facias had been issued by said James Wills, and had been duly served and returned. And he will, &c. John Gregg. (Affidavit of truth of petition to be appended.) MILL-DAMS. 1. Petition to Remove. p. 742, pL 1, 2. 23 March 1803, 4 Sin. L. 20. To the Honorable, the Judges of the Court of Quarter Ses- sions of the County of Clarion : The petition and complaint of James Wills, Respectfully re- presents : That John Gregg being owner of land adjoining Toby's 552 MILL-DAMS. X creek in said county, and the said creek being a navigable stream of water, declared by law a public highway, did on and before the first day of January last, erect a dam for a saw-mill upon said stream adjoining his own lands ; and the petitioner complains to the Court that said dam obstructs and impedes the navigation of said stream (or " prevents fish from passing up the same," as the case may be): The petitioner and com- plainant therefore prays the Court to appoint three commis- sioners to view said dam, and compare it with the provisions of the Act in such case made and provided, and report to the next sessions of this Court the state thereof. And he will, kc. James Wills. (Affidavit of truth of petition to be appended.) I 2. Appointmetit of Commissioners. p. 742, pi. 1, 2. 23 March 1803, 4 Sm. L. 20. At a Court of Quarter Sessions, held and kept at Clarion for the County of Clarion, the first day of May, in the year of our Lord one thousand eight hundred and sixty, before the Honorable John Knox and his Associates, Judges present. The petition of James "Wills was presented, set- [Seal.] ting forth that John Gregg, being the owner of land adjoining Toby's creek, said creek being a navigable stream of water in said county, declared by law a public highway, did on or before the first of January last erect a dam for a saw-mill upon said stream adjoining his own lands, and complains that said dam obstructs the navigation of said stream : Whereupon the Court appoint Enoch Rex, Seth Jones and Abel Lea, Commissioners, who are required to view said dam, and compare it with the provisions of an Act authorizing the erection of dams on navigable streams, &c., passed the MORTGAGES. 553 twenty-third day of March, a. d. 1803, and report to this Court at the next sessions thereof the state of said dam. By the Court. George Fisher, Clerk. 3, Rejjort of Commissioners. P. 742, pi. 1, 2. 23 March 1S03, 4 Sm. L. 2a To the Honorable, the Judges of the Court of Quarter Sessions of the County of Clarion : The undersigned, appointed by the annexed order, commis- sioners for the purposes therein mentioned, Respectfully report, That in pursuance of said order, having been first duly sworn, we did, on the tenth day of May instant, view the dam erected by the within-named John Gregg, in said order mentioned, and compare the same with the provisions of the Act authorizing the erection of dams on navigable streams, &c,, passed the twenty-third day of March, 1803, and that we found the state of said dam such as to obstruct and impede the navigation of (or "prevent the fish from passing up," as the case may be), said Toby's creek. All which is respectfully submitted. Enoch Rex, Seth Jones, May 11, 1860. Abel Lea. MORTGAGES. 1. Petition for Entry of Satisfaction. p. 327, pi. 108. 31 March 1823, 8 Sm. L. 131. To the Honorable, the Judges of the Court of Common Pleas of Chester County : 554 MORTGAGES. Tlie petition of John Gregg, Respectfully represents, That on the first day of March, A. D. one thousand eight hundred and forty, he executed and delivered to John Rex, a mortgage on a messuage and tract of land, situate in the Town- ship of Penn, in the County of Chester, &c. (describe the land), to secure the payment of a certain bond, dated the day and year aforesaid, in the penalty of two thousand dollars condi- tioned for the payment of one thousand dollars in one year from the date thereof, with interest, which mortgage was duly recorded on the same day in the Recorder's Office of Chester County, in Mortgage Book N, p, 248 ; that payment has been made of all the money, principal and interest, due and to become due on said mortorage, and has so continued for two years and upwards ; that the said John Rex is still the legal holder of the said mortgage and has removed out of the State : The petitioner therefore prays the Court to direct notice of the facts set forth in this petition to be given to the said John Rex, and to require him to appear at the next term of said Court to answer said petition, and, upon due proof that the full amount for which the mortgage was given has been paid, to order satis- faction to be entered on the record of said mortgage, and do such other things as are directed by the Act of Assembly in such case made and provided. And he will, &c. John Gregg. (Affidavit of truth of facts to be appended.) 2. Order of Court to enter Satisfaction. p. 327, pi. lOS. 31 March 1823, 8 Sm. L. 131. In the Matter of the Petition 1 Pleas of Chester County OF John Gregg, for entry of I In the Court of Comm .n satisfaction on a mortgage to John Rex. And now, April 1, 1860, it appearing to the Court that notice of the facts stated in said petition has been given agree- MORTGAGES. bbb ablj to the order of this Court of January 1, 1860, and the said John Rex not appearing to answer said petition, and due proof being made that the full amount for which the mortgage mentioned in said petition was given has been paid, the Court decree and direct that satisfaction shall be entered on the record thereof by the Recorder of tlie County of Chester, on the payment of the costs due relative to the entering of said mortgage, and any proceedings thereon. 3. Order for Issue to try Fact of Satisfaction. p. 327, pi. 108. 31 March 1823, S Sm. L. 131. In the Matter of the Petition .^ OF John Gregg, for entry of (in the Court of Common satisfaction on a mortgage to | Pleas of Chester County. John Rex. And now, April 1, 1860, the above-named John Rex appeared in Court in pursuance of the notice heretofore given, and by his answer to said petition denied that the whole amount of the money for which said mortgage was given has been paid, as is affirmed in said petition, and desired that said matter of fact should be tried by a jury ; — whereupon the Court direct that an issue be formed upon a wager in the usual form, to determine whether the whole amount of money for which said mortgage was given has been paid, in which issue the said John Gregg shall be the plaintiif, and the said John Rex the defend- ant ; and said issue shall be proceeded, according to the rules of this Court as in other cases. 4. Petition to 'pay Mortgage Money into Court. V. .•J27, pi. 109. 3 April 1851, P. L. 871. To the Honorable, the Judges of the Court of Common Pleas of Chester County : 556 MORTGAGES. The petition of John Gregg, Respectfully represents, That on the first day of March, a. d. one thousand eight hun- dred and fifty, he executed and delivered to John Rex, a mort- gage on a messuage and tract of land in the Toynship of Penn, in said County of Chester, situate, &;c. (describe the land), said mortgage being recorded in the Recorder's Office of said county, in Mortgage Book N, p. 50, to secure the payment of a bond dated the same day and year, in the penalty of two thousand dollars, conditioned for the payment of one thousand dollars, with interest, in one year from the date thereof; that the said John Rex claims that there is due to him, under the said mort- gage, the sum of one thousand dollars, and the petitioner states as his objection to said claim, that the said mortgage was given to indemnify the said John Rex against loss by reason of his having become surety for the petitioner, in a bond to one George Boyd, for the payment of one thousand dollars, which bond has been fully paid and discharged, and the said John Rex, there- fore, has now no just claim under said mortgage. The peti- tioner prays the Court to allow him to pay into Court the sum of one thousand dollars, the amount claimed under said mort- gage by the said John Rex, and upon the payment thereof into Court, to order and decree that satisfaction shall be entered upon said mortgage ; and further, that the Court will proceed to hear and determine the objections to the payment of any part of the money in Court, as to right and justice may belong, and decree accordingly. And he will, &c. John Gregg. (Affidavit of truth of petition to be appended.) 5. Petition to enforce Payme7it or jEntrij of Satisfaction of Lost Mortgage. p. 327, pi. 111. 10 AprU 18i9, P. L. 621. To the Honorable, the Judges of the Court of Common Pleas of Montgomery County : MORTGAGES. 657 The petition of John Gregg, Respectfully represents, That on the first day of March, A. D. one thousand eight hundred and fifty, he executed and delivered to John Rex, of the said county, a mortgage on a certain messuage and tract of land, situate in the Township of Limerick in said county (describe the land), said mortgage being recorded in the Recorder's Office of said county, in Mortgage Book M, page 10, to secure the payment of a bond, dated the same day, in the penalty of two thousand dollars, conditioned for the payment of one thou- sand dollars in one year from the date thereof with interest ; the petitioner further represents, that the said mortgage debt has not been paid, that the said mortgage is lost, destroyed or mislaid, and that he is desirous to pay off and satisfy said mortgage, and to have satisfaction entered on the record of the same. The petitioner therefore prays, that due notice may be given in such manner and for such time as the Court may direct, to the said John Rex, who is entitled to the said mort- gage debt, and to all and every other persons interested therein, requiring them to appear on a day certain to be fixed by the Court, and answer this petition, and that the Court, having examined into the facts of the case and the complaint and grievance of the petitioner, will grant such relief and make such order and decree therein as the necessities of the case may in justice and equity require. (a) And he will, &c. John Gregg. (Affidavit of truth of petition to be appended.) 6. Receipt endoi'sed on Mortgage, and Order of Judge for EntT^ of Satisfaction. p. .327, pi. 110, 11 April 1856, P. L. 304. I, John Rex, the within-named mortgagee, do acknowledge that the within mortgage from John Gregg is satisfied and dis- (a) The provisions of the Act referred to, are confined to Philadelphia, Montgomery and Lycoming Counties. 558 MORTGAGES. charged. Witness my hand the first day of March, A. D. one thousand eight hundred and sixty. Endorsed in the presence of us, j John Rex. William Marshall, V George Fisher. J I, Townsend Haines, President Judge of the Court of Com- mon Pleas of Chester County, Do certify, that I allow satis- faction to be entered on a certain morto-age from John Greso; to John Rex, dated March 1, 1850, and recorded in the Re- corder's Office of Chester County, in Mortfratje Book M, pafje 50. Witness my hand March 1, 18G0. TowNSEND Haines. 7. Petition for Cancelling Forged Mortgage. p. 1272, pi. ]. 27 March 1862, P. L. 192. To the Honorable, the Judges of the Court of Common Pleas of Cbester county : Tlie petition of John Gregg, Respectfully represents. That on the first day of January, A. D. 1860, tliere was duly recorded in the Recorder's Office of Chester County, in Mortgage Book M, page 500, a mortgage, dated on the day above mentioned to Seth Lea, on a certain messuage and tract of land situate in the Township of Penn in said county, par- ticularly described in said mortgage, containing one hundred acres, more or less, with the appertenances, to secure a bond therein mentioned, and bearing even date therewith, conditioned for the payment of one thousand dollars with its interest, ou the first day of April next ; that the said tract of land belongs to the petitioner, and that the signature "John Gregg" to said mortgage purports to be the signature of the petitioner : The petitioner further represents and alleges that said signature is a forgery : The petitioner therefore prays the Court to direct the Sheriff of said county to notify the said Seth Lea in the manner directed by the Act of Assembly in such case made and provided to appear at the next term of the Court to answer this petition, and that upon due proof being made that the said signature is a forgery, that the Court will decree and direct NAMES. 559 that said mortgage be cancelled by the Recorder of Deeds of said county on tlie payment of the costs accrued for and by reason of the proceedings in pursuance hereof. And he will, &c. John Gregg. (Affidavit of truth of petition to be appended.) 8. Amicable Scire Facias Siir Mortgage. James Wills ) ^ , ^ r. /-. -n, ,. />•, ( In the Court of Common Pleas of Chester V. > John Gregg, j *^^'^ ^* March 31, 1860. It is agreed that an amicable Scire Facias upon a mortgage from John Gregg to James Wills, dated March 1, 1858, and recorded in the Recorder's Office of Chester County, in Mortgage Book L, page 60, be entered in said Court in the above form with the same effect as if a Scire Facias had regularly issued and been returned by the Sheriff " Scire Feci." It is further agreed that judgment be confessed to the plaintiff against the defendant for the sum of one thousand and sixty- five dollars, the amount of principal and interest now due upon said mortcfa";e. NAMES. 1. Petitio7i to Change. P. 753, pL 1. 9 April 1852, p. L. 301. To the Honorable, the Judges of the Court of Common Pleas of the County of Chester : The petition of James Wills, of said county, Respectfully re- presents. That (set out the reasons), for which reasons he is desirous to change his name to George Boyd. He therefore respectfully prays the Court to make a decree changing his name from James Wills to George Boyd. And he will, &c. April 30, 1860. James Wills. (Affidavit of truth of petition to be appended.) 560 NATURALIZATIOX. 2. Decree of Court Changing^ ^e. P. 753, pi. 1. 9 April 1852, P. L. 301. And now August 1, 1860, The Court having fullj considered the petition of James Wills, do decree that the name of the said James Wills be changed to George Boyd, and do further order that notice of this decree be published for four successive weeks in the "Sun," and the "Star," two newspapers published in the said County of Chester. NATURALIZATION. 1. Declaration of Intention. p. 1021, pi. 1. p. 1023, pi. 9. State of Pennsylvania : Chester County, ss. Be it remembered, that on the first day of May, [Seal.] A. D. 1858, personally appeared before me, James Har- ris, Prothonotary of the Court of Common Pleas of said county, John Rowan, who is a free white person, a native of Ireland and a subject of the United Kingdoms of GreatBritain and Ireland, now residing in the county and state aforesaid, over the age of twenty-one years, and Avho being duly sworn according law, declares and says, that it is bond fide his intention to become a citizen of the United States of America, and to renounce for ever all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly to the Queen of the United Kingdoms of Great Britain and Ireland, of whom he is now a subject. In testimony whereof, I have hereunto subscribed my name, and affixed the seal of the said county at West Chester, this first day of March, A. D. 1858. James Harris, Prothonotary. NATURALIZATION. 561 2. Petition for Naturalization, — and Affidavits. p. 1021, pi. 1, I., II., III., IV. P. 1023, pi. 10. To the Honorable, the Judges of the Court of Common Pleas in and for the County of Chester : The petition of John Rowan, Respectfully represents, That he is a free white person and a native of Ireland, whence he emigrated to the United States of America, on or about the first day of December, in the year of our Lord one thousand eight hundred and fifty-four, and arrived at Philadelphia in the State of Pennsylvania, on or about the second day of January, in the year of our Lord one thousand eight hun- dred and fifty-five (this must be at least five years before the application) : That in pursuance of an Act of Congress enti- tled " An Act to establish a uniform system of naturalization, and to repeal the Acts heretofore passed on that subject," he made a declaration of his intention to become a citizen of the United States, before James Harris, Prothonotary of this Court, on the first day of March, in the year of our Lord one thousand eight hundred and fifty-eight (it must be at least two years be- fore application), a certificate whereof is hereto annexed : That he has resided within the United States for more than five years, and for more than one year in the State of Pennsylvania: That he has never borne any hereditary title or been of any of the orders of nobility in the kingdom from which he came, and if any such should by any means descend to him, he does hereby renounce the same : Your petitioner therefore prays the Court to admit him to become a citizen of the United States upon making the proofs required and taking the oath prescribed by the Act of Congress. And he will, &c. John Rowan. Chester county, ss. James Wills, a citizen of the L^nited States, being sworn ac- cording to law says, that he is well acquainted with John Rowan, the within-named petitioner, that the petitioner has resided within the United States for more than five years, and for more 36 562 NATURALIZATION. than one year within the State of Pennsylvania ; that during that time he has behaved himself as a man of good moral char- acter, attached to the principles of the Constitution of the United States, and well disposed towards the good order and happiness of the same. Sworn and subscribed in open Court, ^ James Wills. the first day of May, A. D. 1860. f James Harris, C Prothonotai'y. ^ Chester county, ss. John Rowan, the within-named petitioner, being sworn accord- ing to law, declares and says, that the statements in the within petition are true ; that he will support the Constitution of the United States, and that he does absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly to the Queen of the United Kingdoms of Great Britain and Ire- land, of whom he was heretofore a subject. Sworn and subscribed in open Court, . John Rowan. this first day of May, A. d. 1860. I James Harris, [ Prothonotary. -^ 3. Where Applicant came into Country/ a Minor. Pp. 1021, 1022, pi. 1, .S. The petition of George Rowan, Respectfully represents, That he is a free white person and an alien, that he arrived in the United States before the year one thousand eight hun- dred and fifty-four, being then under the age of eighteen years : that he has now arrived at the age of twenty-one years, and has resided in the United States three years, next preceding his arriving at said age, and has continued to reside therein to the time of his making this application to be admitted a citizen thereof: that he has resided in the United States five years, NATURALIZATION. 663 including the three years of his minority, and one year in the State of Pennsylvania ; that for three years next preceding this application, it has been bond fide his intention to become a citizen of the United States, and to renounce for ever all alle- giance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly to the Queen of the United Kingdoms of Great Britain and Ireland, of whom he is a subject: that he has never borne any hereditary title or been of any of the orders of nobility in the kingdom from which he came, and if any such title or order of nobility should come to him he hereby expressly renounces the same : He therefore prays the Court, to admit him to become a citizen of the United States, upon making the proof and taking the oath required by the Act of Congress. And he will, &c. George Rowan. Chester county, 8S. James Wills, a citizen of the United States, being duly SAvorn according to law, says, that he is well acquainted with George Rowan, the within-named petitioner ; that for three years next preceding this application, it has been bond fide the intention of the petitioner to become a citizen of the United States ; that to his knowledge the petitioner has resided within the United States five years including the three years of his minority, and one year in the State of Pennsylvania ; that during the whole of said period he has behaved himself as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed towards the good order and happiness of the same. Sworn and subscribed in open Court, James Wills. this first day of May, A. D. 1860. f James Harris, [ Prothonotary. ^ Chester County, ss. George Rowan, the within-named petitioner, being sworn 564 OFFICES. according to law, says, that the statements contained in his petition are true, that he will support the Constitution of the United States, and that he does absolutely and entirely re- nounce and abjure all allegiance to every foreign prince, poten- tate, state or sovereignty whatever, and particularly to the Queen of the United Kingdoms of Great Britain and Ireland, of whom he was heretofore a subject. Sworn and subscribed in open ^ Court, this first day of May, A. D. 1860. James Harris, Prothonotary. George Rowan. OFFICES. 1. Petition for Citation to give Further Security^ ^-c. p. 762, pi. 15. 21 April 1846, P. L. 4.32. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents, That John Gregg was duly elected, commissioned and quali- fied Prothonotary of the Court of Common Pleas (or as the ofiice may be), of said County of Chester and entered upon the duties of his office on the first day of December last ; that pre- viously thereto he gave a bond to the Commonwealth, with Seth Jones and Abel Lea as his sureties, in the sum of ten thousand dollars, conditioned according to law ; that since the execution and approval of said bond, the said John Gregg has become liable for neglect of duty (or as the case may be, setting out the particulars of the cause of complaint), and that by reason thereof the said John Gregg, and the said Seth Jones and Abel OFFICES. 565 Lea are not wortli the amount of the penalty of said bond (or as the case may be). The petitioner therefore prays the Court to award a citation directed to the said John Gregg and the said Seth Jones and Abel Lea, commanding them to appear at the next term of this Court to answer the matters alleged in this petition, and show cause why the said John Gregg shall not give other and further security. And he will, &c. James Wills. (AflSdavit of truth of petition to be appended.) 2. Decree of Court as to further Security. p. 762, pi. 15. 21 April 1846, P. L. 432. In the Matter op the Citation to ^ In the Court of Com- JoHN Gregg, Prothonotary, et at, > mon Pleas of Ches- to give further Security, &c. J ter County. And now, May 1, 1860. On the return of the citation in this case, it appearing to the Court, that the same had been duly served on the said John Gregg, Seth Jones and Abel Lea, and the Court having heard the said parties, and examined the facts of the case, and being satisfied that the said Seth Jones and Abel Lea, sureties of said John Gregg, have become liable for neglect of duty (or as the case may be, setting out the par- ticulars), do order and direct that the said John Gregg shall, within thirty days, enter into a new bond to the Commonwealth, in the sum of ten thousand dollars, conditioned according to law, with sureties to be approved by the Court, or two Judges thereof, in lieu of the former bond given by the said John Gregg, with the said Seth Jones and Abel Lea as his sureties. 566 OFFICES. 3. Discharge of Original Sureties on further Security given. P. 762, pi. 15. P. 815, pi. 71. P. 891, pi. 3, III. 21 April 1846, P. L. 432. 14 April 1834, P. L. 355. 12 March 1791, 3 Sm. L. 8. In the Matter of the Citation to "^ In the Court of Com- JoHN Gregg, Prothonotary, et ah, V mon Pleas of Ches- to give Security, &c. J ter County. And now, July 30, 1860, John Gregg, above named, having entered into bond to the Commonwealth, in the sum of ten thou- sand dollars, with James Robb and George Boyd as his sureties, who are approved by the Court, conditioned for the faithful execution of the duties of his office as Prothonotary, and for the performance of the other duties directed by the Act of Assembly in such case made and provided, the said Seth Jones and Abel Lea are discharged from all responsibility as sureties for the said John Gregg, as Prothonotary aforesaid. And it is ordered that the said bond shall be recorded in the Recorder's Office of said county, and by him transmitted to the Secretary of the Commonwealth. 4. Proceedings on Refusal to give further Security. p. 762, pi. 15. 21 April 1846, P. L. 432. In THE Matter of the Citation to "~| In the Court of Com- JoHN Gregg, Prothonotary, et al., > mon Pleas of Ches- to give Security, &c. J ter County. And now, August 1, 1860, The said John Gregg having neglected and refused to give other security as directed by the order of this Court, of May 1, 1860 ; the Court direct that the exemplification of the proceedings in the premises be transmit- ted to the Governor of this Commonwealth. PARTITION. 667 5. Order for Issue on Petition for further Security. p. 617, pi. 12. In the Court of Com- mon Pleas of Chester County. In the Matter of the Citation to John Gregg, Prothonotarj, et al, to give Security, &c. On the petition of James Wills. And now, May 1, 1860, On the return of the citation in this case, the said John Gregg, Seth Jones and Abel Lea having appeared in obedience to the commands thereof, the Court at the request of the said John Gregg (or his sureties, as the case may be), direct that an issue be made upon a wager in the usual form, to try the facts set forth in the petition of the said James Wills, viz. (set out the facts), in which issue the said James Wills shall be the plaintiff, and the said John Gregg (or the sureties, as the case may be), shall be the de- fendant, and that said issue shall be tried by a jury without delay. P. 770, pi. 6. P. 772, pi. 12. PARTITION. 1. Precipe. 7 April 1807,4 Sm. L. 3^ L. .353. James Wills 5 February 1821, 7 Sm. In the Court of Com- mon Pleas of Chester County. John Gregg, Enoch Rex, Seth Jones, a minor above the age of fourteen years, and Sarah Jones, a minor under the age of fourteen years. Issue summons against the defendants, to answer the plain- tiff of a plea wherefore, whereas the said James Wills, John Gregg, Enoch Rex, Seth Jones, a minor above the age of 568 PARTITION. fourteen years, and Sarah Jones, a minor under the age of fourteen years, hokl together and undivided, a certain mes- suage and tract of Land, &c. (describing it), of which they, the said John Gregg, deny partition to be made between them, ac- cording to the form of the Act of Assembly in such case made and provided, and unjustly permit the same not to be done, contrary, &c., returnable to next term. Yours, &c. William Marshall, To James Davis, Esq., For Plaintiff. Prothonotary. April 1, 1860. 2. Declaration. P. 770, pi. 6. P. 772, pi. 12. 7 April 1807, 4 Sm. L. 398. 5 February 1821, 7 am. L. 353. In the Court of Common Pleas of Chester County, of May Term, 1860. No. 10. Chester county, ss. John Gregg, Enoch Rex and Seth Jones and Sarah Jones, minors, all late of said county, were summoned to answer James Wills of a plea wherefore, whereas the said James, John, Enoch, Seth and Sarah, hold together and undivided, a certain messuage and tract of land, kc. (describing them), of which the said John, Enoch, Seth and Sarah, deny partition to be made between them, according to the form of the Act of Assembly in such case made and provided, and unjustly permit the same not to be done, contrary to the form of the said Act ; and therefore the said James, by William Marshall his at- torney, says, that whereas he and the said John, Enoch, Seth and Sarah, hold together and undivided, the messuage and tract of land aforesaid, with the appertenances, two eighth parts whereof the whole into eight equal parts to be divided with the appertenances, belong to the said James to hold to him and his heirs for ever ; two other eighth parts whereof the whole to be divided as aforesaid, with the appertenances, be- PARTITION. 569 long to the said John, to hold to him and his heirs for ever ; two other eighth parts whereof the whole to be divided as aforesaid with the appertenances, belong to the said Enoch to hold to him and his heirs for ever ; one other eighth part whereof the whole to be divided as aforesaid with the appertenances, belongs to the said Seth, to hold to him and his heirs for ever, and one other eighth part whereof the whole to be divided as aforesaid with the appertenances belongs to the said Sarah, to hold to her and her heirs for ever ; To be held by them in severalty, so that the said James of his two eighth parts thereof, the said John of his two eighth parts thereof, the said Enoch of his two eighth parts thereof, the said Seth of his one eighth part thereof, and the said Sarah of her one eighth part thereof, to them re- spectively happening, may severally apportion themselves ; they the said John, Enoch, Seth and Sarah, partition thereof be- tween them, according to the laws of this Commonwealth of Pennsylvania to be made do not permit, very unjustly and con- trary to the same laws : Whereupon the said James says, that he is worse and has damage to the value of one hundred dol- lars, and therefore he brings suit. William Marshall, For Plaintiff. 3. Judgment. P. 770, pi. 6. P. 772, pi. 12. 7 April 1S07, 4 Sm. L. 398. 5 February 1821, 7 Sm. L. .35.3. James Wills V. In the Court of Common Pleas 7^ ^ "' T7 T> of Chester County. John Gregg, Enoch Rex, V ^^ ,^ ^ ,^,X ^^ . 1 Q - 1 o Of May Term, 18G0. No. 10. and Sethj ONES and Sarah _, /. ' T ,,^^ • Partition. JONES, minors. J And now. May 1, 1860, It appearing to the Court here by the return of the Sheriff, that service and notice of the writ in the above case has been made and given in conformity with law, and the said parties having appeared (or " default having 570 PARTITION. been male by the defendants"), tbe Court proceeded to ex- amine the title and quantity of the parts and purparts of the respective defendants as well as the plaintiifs, and there- upon do give judgment that partition be made of the premises mentioned in said writ and declaration, according to the rights of the parties set out in the declaration, and do award a writ to make partition, whereby said purparts shall be set out in severalty. 4. ApiJlication of Defendants to set out Plaintiff's Share only. p. 772, pi. 12. 5 February 1821, 7 Sm. L. 353. In the Court of Common Pleas of Chester County. Of May Term, 1860. No. 10. Partition. James Wills V. John Gregg, Enoch Rex, and Seth Jones and Sarah Jones, minors. To the Honorable, the Judges of the Court of Common Pleas of Chester County aforesaid : The undersigned, defendants in the above case, hereby de- clare their wish that their interest in the premises, whereof the plaintiff seeks partition in the above suit, may remain undivided. Witness the hands of said defendants, this thirteenth day of April, A. D. 1860. John Gregg, Enoch Rex, Seth Jones, Sarah Jones, By their Guardian, Job Mann. PAKTITION. 571 5. Judgment to set out Plaintiff's Share. p. 770, pi. 6. P. 772, pi. 12. 7 April 1807, 4 Sm. L. 393. 5 February 1821, 7 Srn. L. 353. James Wills In the Court of Common Pleas of Chester County. Of May Term, 1860. No. 10. Partition John Gregg, Enoch Rex, and Seth Jones and Sarah Jones, minors. And now, May 1, 1860, It appearing to the Court here, hy the return of the Sheriff, that service and notice of the writ in the above case, has been made and given in conformity with law, and the said parties having appeared (or, — " default hav ing been made by the defendants"), and the defendants having, by writing filed, declared their wish that their interest in the premises, whereof the plaintiff seeks partition in the above case, may remain undivided, the Court proceeded to examine the plaintiff's title and quantity of his part or purpart, and do give judgment that he shall have partition of the same according to his right, as set out in the declaration in this case, and award a writ to make partition whereby his proportion or purpart shall be set out in severalty. 6. Precijye for Writ de Partitione Faciendd. James Wills V. John Gregg, Enoch Rex, and Seth Jones and Sarah Jones, minors, who have Job Mann for their guardian, pendente lite. In the Court of Common Pleas of Chester County. See Judgment in Partition. No. 10. To May Term, 1860. Judgment Docket K, p. 50. 572 PARTITION. Issue writ de partitione faciendd on the above judgment. Returnable to next term. Yours, &c. William Marshall, To James Davis, Esq., For Plaintiff. Prothonotary. May 1, 1860. 7. Judgment of Partition only for Parties Appearing. P. 772, pi. 13. 25 April 1850, P. L. 571. James Wills "1 V. In the Court of Common Pleas of Chester County. John Gregg, Enoch Rex, V Of May Term, 1860. No. and Seth Jones and Sarah 10. Jones, minors. J Partition. And now, May 1, 1860, It appearing to the Court here, by the return of the Sheriff, that service and notice of the writ in the above case has been made and given in conformity to law, and the said James Wills, John Greo-jr and Enoch Rex, havinor appeared and default being made by the said Seth Jones and Sarah Jones, the Court proceeded to examine the title and quantity of the parts, and purparts of the said James Wills, John Gregg and Enoch Rex, in the premises mentioned in the wi'it and declaration in this case. And thereupon the Court do give jmlgment that the shares of the said James Wills, John Gregg and Enoch Rex, according to their respective rights, as set out in the said declaration, be allotted to them, and do award a writ to make partition whereby the proportions or pur- parts of the said James Wills, John Gregg and Enoch Rex, shall be set out in severalty : And it is further considered by the Court, that the residue of said premises may remain for the persons entitled thereto and subject to a further partition amono; them. PARTITION. 573 8. Affidavit as to Unknown Parties. p. 773, pi. 19. 25 April 1850, P. L. 571, -. „^ .. In the Court of Common Pleas James Wills ) ,- r^^ . r^ . [ 01 Chester County. "• , ^ „ (Of May Term, 1860. No. 10. John Gkegg and Enoch Rex. ) ^ ..-^ -' rartition. Chester county, ss. James Wills, the plaintiff above named, being duly sworn says, that one undivided half part of the premises mentioned in the writ of partition in the above case, was owned by the heirs of a certain George Fox, who removed to the State of Illinois many years ago, and has since died seised of said pre- mises, as the defendant believes, and that the same are now owned by his heirs at law, or their devisees or alienees, and that the names and residence of said heirs, devisees or alienees are unknown to the deponent. Sworn and subscribed, in open . James Wills. Court, May 1, 1860, before I James Davis, f Prothonotary. ^ 9. Decree of Publication to Parties Unknown. p. 773, pi. 19. 25 April 1850, P. L. 571. -r ,Tr -. In the Court of Common Pleas James Wills ) c ^^^ . r^ . f 01 Chester County. r n ^*j -17 T> I Of May Term, 1860. No. 10. John Gregg and Enoch Rex. I ^ . .-^ ' ■^ Partition. And now, May 1, 1860, It appearing to the Court by the oath of James Wills, the plaintiff in this case, that the names and residences of parties interested in the premises mentioned in the writ and declaration, as owners of one undivided half part of the same, are unknown to him, the Court, on motion of 574 PARTITION. William Marshall, Esquire, of counsel with the plaintiff, direct notice to be given to said parties by publication, once a week for six successive weeks, before the first day of the next term of this Court, in the " Chicago Times," a newspaper published in the City of Chicago and State of Illinois, and in the " Press," a newspaper published in the City of Philadelphia, and State of Pennsylvania. 1 10. Suggestmi of Name of Alienee as Party. P. 773.{a) T ,, , T Ti- ^ In the Court of Common Pleas Job Mann and James \\ ills | „ ,„ ^, ( 01 Chester County. ^'* -r (Of May Term, 1860. No. 10. Enoch Rex and Seth Jones. ) -^ . / ^ Partition. And now. May 10, 1860, Abel Lea, by his Attorney, David Bond, comes and gives the Court to understand and be informed, that since the issuing of the writ of summons in the above case, James Wills, one of the above-named plaintiffs, has granted and conveyed to the said Abel Lea, all his right, title and interest in, to and out of the premises mentioned and described in the writ and declaration in this case. Whereupon, on motion of said David Bond, it is ordered by the Court, that the name of the said James Wills be withdrawn from the record of this suit, and the said Abel Lea substituted as plaintiff in his place and stead. 11. Order for Rule to Accept. p. 773, pL 21, 23. P. 774, pi. 26. 11 March 1799, 3 Sm. L. 387. 7 April 1807, 4 Sm. L. 400. 5 May 1841, P. L. 353. James Wills V. John Gregg and Enoch Rex. In the Court of Common Pleas of Chester County. Of August Term, 1860. No. 1. Breve de partitiojie faciendd. And now, August 1, 1860, The said writ having been returned (a) See M'Clure v. M'Clure, 1 Phila. Rep. 117. PARTITION. 675 by tlie Sheriff, and the return thereof approved by the Court, on motion of David Bond, Esquire, of counsel with the plaintiff, the Court grant a rule on all persons interested in said case, to come into Court on the tenth day of September next, to accept or refuse the estate mentioned in the said writ, at the appraised value thereof. John Gregg and Enoch Rex. 12. Decree upon Acceptance. p. 773, pi. 21, 23. p. 774, pi. 26. 11 March 1799, 3 Sm. L. 387. 7 April 1807, 4 Sm. L. 400. 5 May 1841, P. L. 353. James Wills "] In the Court of Common Pleas of Chester V. [ County. Of August Term, 1860. No. 1. Breve de partitione faciendd. And now, September 10, 1860, Due proof having been made of the service of the rule, on all parties interested in this case, and Enoch Rex, the party entitled to a choice of the premises in said writ mentioned, not coming into Court in person, or by attorney, a record thereof is made, and the Court direct the premises to be offered to the said James Wills (the next in succession, according to the date of his title), who elected to take the same at the appraised value thereof, to wit, the sum of three thousand dollars, whereupon the same are adjudged to him, he entering into recognisance to the Commonwealth of Pennsylvania, with Abel Lea and Seth Jones as his sureties, who are approved by the Court, in the sum of four thousand dollars, conditioned for the payment to the other parties of tlieir proportions of the appraised value of said premises, ac- cording to their respective rights, in one year from this day, with interest. And the Sheriff is directed to make and execute to the said James Wills a conveyance of said premises, subject nevertheless to a lien thereon in favor of the others of the said parties, until payment be made to them of their respective shares of the aforesaid valuation money. 576 PARTITION, 13. Order to Sell after Non-acceptance, P. 773, pi. 21, 23, p. 774, pi. 26. 11 March 1799, 3 Sm. L. 387. 7 April 1807, 4 Sm. L. 400. 5 May 1841, P. L. 353. James Wills "] In the Court of Common Pleas of Chester V. ! County. John Gregg and [Of August Term, 1860. No. 1. Enoch Rex. J Breve de partitione faciendd. And now, September 10, 1860, Due proof of the service of the rule in this case having been made, and none of the said parties agreeing to take the premises in said writ mentioned, at the^appraised value thereof, of which a record is made at the instance of the said James Wills, the plaintiff, by his attorney, David Bond, Esquire ; — the Court make an order for the sale of the said premises at public auction, by the Sheriff of the County of Chester, he having first given notice thereof accord- ing to the provisions of the Act of Assembly in such case made and provided. James Wills V. 14. Petition for Deed on Death of Sheriff, ^c. p. 774, pi. 31. 29 March 1824, 8 Sm. L. 287. In the Court of Common Pleas of Chester County. T ^ ■" 1 ;> Of November Term, 1860. No. 1. John Gregg and f , ,, n , 7 . . /. . ^ T, Order to sell after oreve de partitione faci- Enocu Rex. , r j J en da. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Abel Lea, Respectfully represents, That by virtue of the above-stated order of sale, the premises mentioned therein were exposed to sale at public auction on the first day of October last, by Jesse John, Sheriff of said county, and were sold to the petitioner for the sum of two thousand dollars, of which he paid the sum of one hundred dollars, and entered into bond with security to the satisfaction of the Sheriff, for the payment of the balance, on the first day of the present PARTITION. 577 month of November (set out the facts as they may be) ; that since the said sale, the said Sheriff has died (or as the case may be), without having executed and acknowledged any deed for the same to the petitioner : He therefore prays the Court to order and direct Robert Keim, Esquire, Sheriff of said county, to perfect said title and execute a deed to the petitioner as pur- chaser aforesaid. And he will, &c. Abel Lea. (AflSdavit of truth of petition to be appended.) James Wills V. John Gregg and Enoch Rex. 15. Order to Present Sheriff to Perfect Title. p. 774, pi. 31. 29 March 1824, 8 Sm. L. 287. In the Court of Common Pleas of Chester County. y Of November Term, 1860. No. 1. Order to sell after breve de partitione faciendd. And now, November 6, 1860, Upon the petition of Abel Lea, and it appearing just and equitable, the Court order and direct Robert Keim, Esquire, Sheriff of said County of Chester, to perfect the title of the said Abel Lea, to the premises sold under the above order by Jesse John, late Sheriff of said county, and to execute a deed therefor to the said Abel Lea, upon the full discharge and payment by him of the money and price for which said premises were sold as aforesaid, with such costs and charges as remain unpaid, to the said Jesse John. 16. Declaration in Case of Life Estate. p. 774, pi. 33. 11 April 1835, P. L. 199. In the Court of Common Pleas of Chester County, of May Term, 1860. No. 10. Chester county, ss. John Gregg and Enoch Rex, both late of said county, were 37 578 PARTITION. summoned to answer James Wills of a plea, "Wherefore, whereas the said James Wills and the said John Gregg, hold together and undivided, a certain messuage and tract of land, &c. (describing them), the said Enoch Rex being the holder of an estate in the same, for and during the term of his life, of which the said John and Enoch deny partition to be made between them, the said James and John, according to the form of the Act of Assembly in such case made and provided, and unjustly permit the same not to be done, contrary to the form of the said act : And thereupon the said James, by William Marshall his attorney, says, that whereas he and the said John hold together and undivided, subject to the life estate of the said Enoch as aforesaid, the said messuage and tract of land with the appertenances, one moiety or half part thereof the whole into two equal parts to be divided with the appertenances, belongs to the said James to hold to him and his heirs for ever, subject as aforesaid, and the other moiety or half part thereof the whole into two equal parts to be divided, belongs to the said John to hold to him and his heirs for ever, subject as aforesaid, to be held by them in severalty, so that the said James of his one n!oiety or half part thereof, and the said John of his one moiety or half part thereof, to them respectively happening, subject as aforesaid, may severally apportion themselves, they the said John and Enoch, partition thereof between the said James and John, according to the laws of the Commonwealth of Pennsyl- vania, to be made do not permit, very unjustly and contrary to the same laws : Whereupon the said James says that he is worse, and has damage to the value of one hundred dollars, and therefore he brings suit. William Marshall, For Plaintiff. PARTITION. 579 17. Acceptance and Decree in case of Life Estate. p. 774, pi. 33. 11 April 1835, P. L. 199, James Wills >. In the Court of Common Pleas of Chester V. \ County. John Gregg and C Of August Term, 1860. No. 1. Enoch Rex. Breve de partitione faciendd. And now, September 10, 1860, Due proof having been made of the service of the rule on all the parties interested in this case to come into Court and accept or refuse the premises in said writ described, and James Wills, the party entitled to a choice, having come into Court in person, and elected to take said premises at the valuation thereof, to wit, the sum of two thousand dollars, the same are thereupon adjudged to him, he entering into recognisance to the Commonwealth, with Abel Lea and Seth Jones as his sureties, who are approved by the Court, conditioned for the payment of the annual interest of the said sum x>f two thousand dollars, or so much thereof as may remain — after the payment of the costs of the proceedings in this partition — to the said Enoch Rex during his life, and to the said John Gregg his propoi'tion of said appraised value, at and upon the death of the said Enoch Rex, and the Sheriff is directed to make and execute to the said James Wills, a con- veyance of said premises, subject, nevertheless, to a lien thereon in favor of the others of the said parties, until payment be made to them of their respective interests of said valuation money. 18. Adjudication without the Consent of Tenant for Life. p. 774, pi. 33. 11 April 1835, P. L. 199. James Wills -. In the Court of Common Pleas of Chester V. \ County. John Gregg and f Of August Term, 1860. No. 10. Enoch Rex. Breve de partitione faciendd. And now, September 10, 1860, Due proof having been made 580 PARTNERSHIP. of the service of the rule on all the parties interested in this case to come into Court and accept or refuse the premises described in said -writ, James Wills, the party entitled, came into Court in person, and elected to take the said premises at the appraised value thereof, to wit, the sum of two thousand dollars ; and it appearing to the Court that the said Enoch Rex is entitled to the exclusive possession of said premises, and that he does not consent that the proceedings herein shall interfere with his said possession, the premises are adjudged to the said James Wills, subject to the right of possession of the said Enoch E-ex : the said James Wills entering into recognisance to the Commonwealth in the sum of four thousand dollars, with Seth Jones and Abel Lea as his sureties, who are approved bj the Court, conditioned to pay to the said John Gregg, at and upon the death of the said Enoch Rex, his proportion of said appraised value ; and the Sheriff is directed to make and execute to the said James Wills a conveyance of said premises, subject, nevertheless, to the right of possession of the said Enoch Rex in the same, subject also to a lien thereon in favor of the said John Gregg, until payment be made to him of his share in the valuation money as aforesaid. PARTNERSHIP. 1. Certificate, Names of Partners, ^c. P. 776, pi. 1. 14 April 1851, P. L. 615. John Wills, John Gregg and Enoch Rex, partners, doing business in the County of Chester, file, in the Office of the Pro- thonotary of the Court of Common Pleas of said county, this statement, according to the provisions of the thirteenth section of the Act of April 4, 1850, that is to say : PEDLER. 581 John "Wills, one of said partners, is located in the Township of Penn, in said county. John Gregg, another of said partners, is located in the same Township of Penn. Enoch Rex, the other of said partners, is located in the borough of West Chester, in said county. The style and name of said partnership is John Wills and Company, and the partnership is carried on in the said Town- ship of Penn and County of Chester. Witness the hands of said partners the first day of April, in the year of our Lord one thousand eight hundred and sixty. John Wills, John Gregg, Enoch Rex. PEDLER. 1. Petition. P. 783, pi. 1, 2, 3. 2 April 1830, p. L. 147. 16 ApriI1840, P. L. 433. 5 May 1841, P. L. 344. To the Honorable, the Judges of the Court of Quarter Ses- sions of the County of Chester: The petition of John Gregg, Respectfully represents. That he is a citizen of the United States, and has resided in said County of Chester for one year and upwards, and by reason of the loss of his right foot (or such bodily infirmity as may exist), he is disabled from procuring a livelihood by labor, as will appear by the certificate hereto annexed, wherefore the petitioner showing, by the aflBdavits of George Robb and Lewis Fox, that he is a man of good moral character, prays the Court to grant him a license as hawker and pedler within said County of Chester. And he will, &c. John Gregg. 582 PEDLER. Chester county, ss. John Gregg, being duly sworn, says, that the statements in the foregoing petition are true. Sworn and subscribed, May 1, "j John Gregg. 1860, before I John Graves, J. P. J Chester county, ss. George Robb and Lewis Fox, being duly sworn, say, that they are well acquainted with John Gregg, the above-named petitioner ; that the said petitioner has resided in the said County of Chester for one year and upwards, and that he is a man of good moral character, to the best of their knowledge and belief. Sworn and subscribed, May 1, ^ George Robb, 1860, before > Lewis Fox. John Graves, J. P. J We, Thomas Watts and Amos Green,' being citizens of the United States, and practising physicians, residing in said County of Chester, do certify that John Gregg, the above- named applicant, is in point of fact, by reason of bodily dis- ability, unable to procure a livelihood by bodily labor (or " his trade of" — naming the trade) ; that the nature and character of said bodily disability is the loss of the right foot of the appli- cant by amputation (or as the case may be). Thomas Watts, May 1, 1860. Amos Green. (Affidavit of truth of certificate to be appended.) 2. Order Granting License. P. 783, pi. 1, 2. 2 April 1830, P. L. 147. 16 April 1840, P. L. 433. In the Matter of the Applica- '\ In the Court of Quarter TiON of John Gregg for Pedler's V Sessions of Chester License. J County. And now, May 1, 1860, The petition of the said John Gregg, PEDLER. 583 witli certificates and aflSdavits thereto annexed, being read, and the Court being thereupon satisfied that the said John Gregg is a citizen of the United States, having resided in the said County of Chester for one year, that he is disabled by loss of limb from procuring livelihood by labor, and that he is a man of honesty and good moral character, order that a license do issue to the said John Gregg as a hawker and pedler for one year, within said County of Chester, according to the prayer of his said petition, he having first given bond to the Common- wealth of Pennsylvania, in the sum of three hundred dollars, with Seth Jones and Abel Lea as his sureties, who are approved by the Court, conditioned that he, the said John Gregg, shall be of good behavior during the continuance of said license. 3. Bond. p. 783, pi. 1. 2 April 1830, P. L. 147. Know all men by these presents, that we, John Gregg, Seth Jones and Abel Lea, all of the County of Chester, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of three hundred dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain at- torney and assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents : Sealed with our seals, dated the first day of May, in the year of our Lord one thousand eight hundred and sixty. Whereas the said John Gregg has this day been licensed by the Court of Quarter Sessions of said county, as hawker and pedler within said county : Now the condition of this obligation is such, that if the said John Gregg shall be of good behavior during the continuance of said license, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in ^ John Gregg, [l. s.] presence of I Seth Jones, [l. s.] David Bond, C Abel Lea. [l. s.] George Fox. ^ S84 PRACTICE. PRACTICE. 1. Affidavit of Defence, P. 804, pi. 9. 14 April 1&46, P. L. 328. .. .riT ^ In the Court of Common Pleas for the County James Wills ] o r^^ [ 01 Chester. T !; (Of April Term, 1860. No. 4. John Gregg. I ^ . . -^ Case in Assumjjsit. Chester county, ss. John Gregg the defendant above named, being duly sworn says, that he has a just and legal defence to the whole (or part, as the case may be), of the plaintiff's demand in this action, the nature and character of which are as follows, viz. : (Set out particulars.) All which this defendant expects to be able to prove upon the trial of said cause. Sworn and subscribed, June^j John Gregg. 10, 1860, before V John Graves, J. P. J 2. Petition for Interpleader. p. 339, pi. 27. 11 March 1836, P. L. 77. T ,TT -. In the District Court of the City and James Wills 1 ^ , . -pu-i i i i,- f County 01 rhiladelphia. m -n ^* -n ( March Term, 1860. No. 1. The Penn Bank. ) ^ . . ' ■^ Case in Assumpsit. The Penn Bank, the defendant above named, now here sug- gest to the Court, that they disclaim all interest in the sum of money for which, as appears by the affidavit of the plaintiff, this action is brought, and they offer to bring the same into Court, or to pay or dispose thereof as the Court shall order, and they do hereby allege that the right to the said money is claimed by (or "said to belong to"), John Gregg, of the City PRACTICE. 585 of Philadelphia, in whose name the said sum of money was deposited with the said Penn Bank, and that said John Gregg is expected to sue for the same (or other matter showing truth of suggestion), they therefore pray that the Court will order the said plaintiflf to interplead with the said John Gregg, and will stay all further proceedings against them in this action. Seth Jones, President. 3. Order for Rule to Interplead. p. 339, pi. 27. 11 March 1836, P. L. 77. ^ In the District Court of the City and James Wills ) n *. c -du-i i i i • f County 01 Philadelphia. ^' ^ (Of March Term, 1860. No. 1. The Penn Bank. ) n ■ a v - Case in Assumpsit. And now, March 1, 1860, On motion of Job Mann, of coun- sel with defendants, and upon filing their suggestion, the Court grant a rule on the plaintiff to show cause why an order should not be made upon him to interplead with John Gregg. > 4. Notice of Rule and Suggestion. p. 339, pi. 27. 11 March 1836, P. L. 77. T- „, ^ In the District Court of the City and James Wills | ^ , . tj, -i i i i • I County 01 Philadelphia. m T. ^* -D (Of March Term, 1860. No. 1. The Penn Bank. J ^ . . Case in Assumpsit. Sir: Please to take notice that the above action has been brought to recover a sum of money deposited in the Penn Bank in your name, and that the defendants have filed a sug- gestion, stating that they have no interest in this money and that you claim the same ; you will please further to take notice, that the Court have granted a rule to show cause why an order should not be made requiring the plaintiff to interplead 586 PRACTICE. with you, -wbicli rule is returnable on Saturday the twelfth instant, at 10 o'clock, A. M. Yours respectfully, Job Mann, To Mr. John Gregg. For Defendant. City of Philadelphia, ss. William Lynch being duly sworn, says, that he served a no- tice, of which the above is a true copy, on John Gregg therein named, on the second day of March instant, personally, by giving him said notice. Sworn and subscribed, March ^ William Lynch. 10, 1860, before I John Graves, t Alderman. ^ 5. Order of the Court in Interpleader. P. 339, pi. 27. 11 March 1836, P. L. 77. ^ In the District Court of the City and James Wills ) p, , f -nu-i ;i i i.- f County 01 rhiladelphia. m ^^' ^ I Of March Term, 1860. No. 1. The Penn Bank. ) rx • a -' Case in Assumpsit And now, March 12, 1860, Upon reading the rule made in this cause on the first instant, and the affidavit of the defend- ant, and upon hearing the counsel for the plaintiff and the counsel for John Grego;, it is ordered that the said John Gregg do make himself defendant in this action, and state in due form the matters and particulars of his claim to the moneys afore- said, and thereupon that the said plaintiff and the said John Gregg in due course, plead to issue, and that in the mean time, and pending the issue, proceedings against the Penn Bank be stayed. PRACTICE. 587 6. Order requiring Security, on Judgment against Defendant in Interpleader. p. 340, pi. 28. 11 March 1836, P. L. 77. ^ In the District Court of the City and James Wills ^ County of Philadelphia. ^- ( Of March Term, 1860. No. 1. ThePennBank. J ^ . A _^, ., ^ Case in Assumpsit. And now, March 12, 1860, It appearing to the Court that the process issued upon the order to interplead in this case has not been actually served, nor personal notice given to the said John Gregg of said process, it is considered by the Court here that the plaintiff, James Wills, do recover from the defendant the sum of two hundred dollars for his damages, &c., with costs, and the Court require the plaintiff to enter into recognisance to the said John Gregg, with Enoch Rex as his surety, who is approved by the Court, to interplead with said John Gregg, if afterwards and before the expiration of the time which would be allowed him to prosecute his claim against defendant, said John Gregg should appear in said Court and claim the money for the recovery of which said suit has been brought. 7. Plaintiff's Statement. p. 805, pi. 14. 21 March 1806, P. L. 4 Sm. L. 328. -, In the Court of Common Pleas of Chester James Wills | ^ x I County. T !; ( Of May Term, 1860. No. 10. John Gregg. _ ^ . ' . ^ Case in Assumpsit. The plaintiff's demand in above case is founded upon a book account of goods sold and delivered to the defendant, at his request, of which account the following is a statement, viz. : 1860. March 1, 50 bushels of wheat, . . $100 00 " April 3, 100 bushels of oats, . . 40 00 " April 4, 100 bushels of corn, . . 65 00 $205 00 588 PRACTICE. And also on a note, of which the following is a copy, viz. : Penn., January 1, 1860. Sixty days after date, I promise to pay to James Wills or order, one hundred dollars, without defalcation, for value received. $100. John Gregg.- And the plaintiff says, said sums together amounting to two hundred and sixty-five dollars, are due from the defendant to him. May 10, 1860. James Wills. 8. Defendant's Statement. "P. 805, pi. 15. 21 March 1806, 4 Sm. L. 328. James Wills "^ "'"^ *^® Court of Common Pleas of Chester V t County. John Gregg. J Of May Term, 1860. No. 10. Case in Assumpsit. The account of the defendant against plaintiff's demand, is contained in the following statement, viz. : 1860. March 10, Cash paid plaintiff, . . . $30 00 " April 1, One wagon, . . . . 50 00 " " " One horse, . . . . 100 00 $180 00 Which being deducted from the plaintiff's demand, leaves the sum of twenty-five dollars, which the defendant believes is justly due from him to the plaintiff. June 1, 1860. John Gregg. PRACTICE. 589 9. Amendment Changing Name. P, 47, pi. 3. P. 805, pi. 19. 4 May 1852, P. L. 574. 16 April 1846, P. L. 353. ,--. >, In the Court of Common Pleas of Chester James Wills j ^ ^ ^' \ Of May Term, 1860. No. 10. John Gray. J „, •^ Trespass. Chester county, ss. David Bond, of counsel with the plaintiff, in the above case, being duly sworn says, that a mistake has been made in the surname of the defendant, and the said surname should be "Gregg" and not " Gray." Sworn and subscribed, in open "| David Bond. Court, May 1, 1860. I James Davis, Prothonotary. J 10. Order to Amend Name of Party. p. 805, pi. 19. 16 April 1846, P. L. 353. T ,TT -. In the Court of Common Pleas of Chester James Wills | ^ f County. Joh/ghav. JOf^^^y^-^-'l^^O- -^ Trespass. And now, May 1, 1860, It appearing to the Court, by suffi- cient evidence contained in the affidavit of David Bond this day filed, that a mistake has been made in the name of the defendant, the Court, on motion of said David Bond, of counsel with the plaintiff, permit the amendment of the record of said suit by substituting the name " Gregg" for " Gray." 590 PRACTICE. 11. Application to Add Party. P. 47, pi. 3. p. 805, pi. 20, 4 May 1852, P. L. 574. -. „, ^ In the Court of Common Pleas of Chester James Wills j ^ f County. * [ (See Judgment entered May 1, 1860, in Judg- JOHN (^REGQ. J ^^^^ ^^^^^^ jj^ p^ ^^^^ ^^^ ^.^^^ Chester county, ss. David Bond, being sworn in due form of law says, that the above-stated judgment was entered by confession, by virtue of a warrant of attorney for that purpose : That Enoch Rex exe- cuted the said warrant of attorney with the said John Gregg, and that the name of the said Enoch Rex was omitted by mis- take. (a) Sworn and subscribed, May 10, ^ David Bond. 1860, in open Court. V James Davis, Prothonotary. J 12. Amendment of Pleadings. p. 46, pi. 1. p. 805, pi. 18.(5) 21 March 1806, 4 Sm. L. 329. T ,Tr -, In the Court of Common Pleas of Chester James Wills ^ f County. ^ (Of May Term, 1860. No. 10. John Gregg. I ^^ , "^ -^ Debt. Chester county, ss. David Bond, of counsel with the defendant, being duly sworn says, that the amendment of the defendant's plea will affect the merits of the case, and is not desired for any other reason. Sworn and subscribed. May 10, "l David Bond. 1860, in open Court. V James Davis, Prothonotarv. J (a) See Kaylor and Shaffler, 12 Harris 489, and Fullerton and Campbell, I Casey 345. (6) See Hartman v. Insurance Co., 9 Harris 474 ; Yost v. Ehy, 11 Id. 332 ; Wahhour v. Spangler, 7 Casey 523. I PRACTICE. 591 13. Suggestion of Equitable Plaintiff. p. 399, pi. 2. P. 803, pi. 7. 23 April 1829, 10 Sm. L. 455. , „^ ^ In the Court of Common Pleas of Chester James Wills ) „ \ County. , ^ (Of January Term, 1860. No. 2. John Gregg. ) ^ . / . ■' Case in Assumpsit. October 1, 1860, On motion of Job Mann, of counsel with the defendant, Enoch Rex is suggested on the record as equi- table plaintiff in the above case. Chester county, ss. John Gregg, the above defendant, being duly sworn says, that the above-stated action was prosecuted for the use and benefit, and at the instance of Enoch Rex in the foregoing sug- gestion named, and that the said Enoch Rex is interested in said cause, the note declared upon the same having been trans- ferred to him (or as the case may be), before the commencement (or, — during the pendency) of said suit. Sworn and subscribed, October 1, .. John Gregg. 1860, before I James Davis, ( Prothonotary. ^ James Wills ^ 14. Affidavit to Produce Books, ^c. p. 422, pi. 1. 27 February 1798, 3 Sm. L. 303. In the Court of Common Pleas of Chester County. John Gregg. r^fJ-'^-y Term, 1860. No. 10. ^ Debt. Chester county, ss. John Gregg, the defendant above named, being duly sworn says, that he has reason to believe and verily believes, that James Wills, the plaintiff, has in his possession or power, certain 692 PRACTICE. books or writings (or books and writings, as tbe case may be), ■which contain evidence pertinent to the issue in the above case, that is to say, the day book or book of original entries of said plaintiff, containing entries of accounts between the plaintiff and defendant, from April 1, 1858, to January 1, 1860 (or as the case may be, describing the books or writings with reason- able certainty). Sworn and subscribed, March . John Gregg. 1, 1860, before I James Davis, C Prothonotary. -^ 15. Huh to show Cause, ^c, why Boohs and Papers should not be Produced. James Wills'] V. p. 422, pi. L 27 February 1798, 3 Sm. L. 303. In the Court of Common Pleas of Chester County. t Of January Term, 1860. No. 10. John Gregg. ) ta i.. -^ Debt. And now, March 1, 1860, On the filing of the affidavit of John Gregg, the defendant in this case, and on motion of David Bond, Esquire, the Court grant a rule on James Wills, the plaintiff, to show cause why he should not be required to pro- duce on the trial of this cause, the books and papers specified in said affidavit, viz. (describing them as in affidavit), or to satisfy the Court why it is not in his power to do so. Returnable April 2, 1860. 16. Order on Pule, ^c, to Produce Books and Papers. p. 422, pi. 1. 27 February 1798, 3 Sm. L. 303. In the Court of Common Pleas of Chester James Wills ) p, I County. ^- { Of January Term, 1860. No. 10. John Gregg. J -p^ , And now, April 2, 1860, On hearing the rule on the plaintiff PRACTICE. 593 in this case, to show cause why he should not be required to produce the books and papers therein mentioned, &c., and no sufficient cause being shown, said rule is made absolute, and the plaintiff is required to produce, on the trial of this cause, the books and papers specified in said rule, viz. (describing them), or satisfy the Court why it is not in his power to do so 17. Letters Rogatory. p. 423, pi. 8. 8 April 1833, P. L. 308. , ^r .In the Court of Common Pleas of the County James Wills ) n r^^ ^ ^ a. . ^ -d i • I of Chester and btate oi Pennsylvania. ^ (Of January Term, 1860. No. 10. John Gregg. ) T^ i . ■^ Debt. The Commonwealth of Pennsylvania, 1 County of Chester. / The Commonwealth of Pennsylvania, to any Judge or Tri- bunal having jurisdiction of civil cases in the State of New York; Greeting: Whereas a certain suit, as above stated, is pending before our Court of Common Pleas aforesaid, in which James Wills is the plaintiff and John Gregg is the defendant, and it has been sug- gested to us that there are witnesses residing within your juris- diction, without whose testimony justice cannot completely be done between the said parties : We therefore request you, that in furtherance of justice, you will, by the proper and usual pro- cess of your Court, cause such witness or witnesses as shall be named or pointed out to you by the said parties or either of them, to appear before you or some competent person by you for that purpose to be appointed or authorized, at a precise time and place, by you to be fixed, there to answer on their oaths and affirmations, to the several interrogatories hereunto annexed, and that you will cause their depositions to be committed to ■writing, and returned to us under cover and sealed up together with these presents : And we shall be ready and willing to do the same for you in a similar case when required : Witness the 38 694 PRACTICE. Honorable Townsend Haines, President Judge of our said Court of Common Pleas at West Chester in the County of Chester aforesaid, the first day of May, in the year of our Lord one thousand eight hundred and sixty. James Davis, [Seal.] Prothonotary. 18. Suggestion of Death of Defendant, — Substitution and Pre- cipe for Sci. Fa. p. 286, pi. 89. 24 February 1834, P. L. 77. In the Court of Common Pleas of Chester I County. ^ ,„ ( Of May Term, 1855. No. 10. George Wills, j -rx , , John Gregg V. WttTC! I Debt. ' 1855, July 1. The defendant suggests the death of the said John Gregg, the plaintiff, and that James Gregg is the Admin- istrator of said John Gregg. William Botd, Defendant's Attorney. Issue Scire Facias to James Gregg, as Administrator, &c., of John Gregg, deceased, to become a party to above-stated action, or show cause, &c. William Boyd, July 1, 1855. Defendant's Attorney. 19. Suggestion of Death of Plaintiff, and Substitution of Administrator. p. 286, pi. 88. 24 February 1834, P. L. 77. In the Court of Common Pleas of Chester County. \ Of May Term, 1855. No. 10. George Wills. I -p, , , ■^ Debt. 1855, July 1. The death of John Gregg, the plair^^tiff, is sug- JoHN Gregg "j V. PRACTICE. 595 gested, and James Gregg, Administrator, substituted as plain- tiff. William Marshall, Plaintiff's Attorney. 20. Scire Facias to bring in Administrator of Defendant. p. 286, pi. 89. 24 October 1834, P. L. 77. Chester county, ss. The Commonwealth of Pennsylvania to the Sheriff •- '-' of the County of Chester ; Greeting : Whereas John Gregg, heretofore, to wit, on the first day of May, in the year of our Lord one thousand eight hundred and fifty-five, in our County Court of Common Pleas of said County of Chester, did commence a certain action of debt against George Wills, No. 10, to May Term of said Court, in the year afore- said, which action is still depending in our said Court : And the said George Wills has given us to understand, that since the commencement of the said action, the said John Gregg has died, and that James Gregg is the Administrator of the goods, chattels and credits which were of the said John Grecfo", and has desired us to provide him a proper remedy, so that further proceedings may be had in said action, and we being willing that what is just in this behalf should be done, do command you, that you make known to the said James Gregg, Adminis- trator aforesaid, that he is required within twenty days after the service of this writ, to become the party plaintiff to said action, or show cause at the next succeeding term of this Court, why he should not be made a party as aforesaid to said action, by the judgment of our said Court, and why further proceed- ings should not be had in said action. And have you then there this writ. Witness the Honorable Townsend Haines, President Judge of our said Court at West Chester, the first day of July, in the year of our Lord one thousand eight hundred and fifty -five. James Davis, Prothonotary. 596 PRACTICE. 21. Abatement of Suit for ivant of Substitution for Deceased Plaintiff. p. 28, pi. 11. 5 May 1S54, P. L. 570. In the Court of Common Pleas of Chester County. ('Of May Term, 1859. No. 10. James Wills "] V. John Gregg. I ^\^' -' Debt And now, August 1, 1860, It appearing from the record in this case, that the death of the plaintiff was suggested on the tenth of July, 1859, and the Court being given to understand that no letters of administration or letters testamentary have been taken out in this state, since the suggestion aforesaid, viz., for more than one year ; On motion of Job Mann, of counsel with the plaintiff, the Court direct a notice to be served on Sarah Gregg, the widow and next of kin of the defendant entitled to administration, that said suit will abate and entry thereof made on the record, in one month after the service of said notice. 22. Declaration and Confession of Judgment, upon Bond and Warrant, where Obligee is dead. In the Court of Common Pleas of Chester County. Of April Term, 1865. No. 10. Chester county, ss. John Gregg was summoned to answer James Wills of a plea that he render unto him the sum of one thousand dollars, which he owes to and unjustly detains from him; and thereupon the plaintiff, by John J. Pinkerton, his attorney, complains. For that whereas the defendant heretofore, to wit, on the first day of January, in the year of our Lord one thousand eight hun- dred and sixty-four, at the county aforesaid, by his certain writ- ing obligatory, sealed with his seal, acknowledged himself to be held and firmly bound to the plaintiff in the said sum of five hundred dollars above demanded, to be paid to the plaintiff; yet the defendant (although often requested so to do), hath not as yet paid the said sum of five hundred dollars above demanded, or any part thereof to the plaintiff, but hath hitherto wholly PRACTICE. 597 neglected and refused, and still neglects and refuses so to do. Wherefore the plaintiif says that he is injured and has sustained damage to the amount of one thousand dollars, and therefore he brings his suit, &c. And the plaintiff brings here into Court the said writing obligatory, sealed as aforesaid, which gives suf- ficient evidence to the said Court here of the debt aforesaid in form aforesaid, the date whereof is the day and year in that behalf above mentioned. John J. Pinkerton, Plaintiff's Attorney. And the defendant, by John J. Pinkerton, his attorney, spe- cially constituted by warrant dated the first day of January, in the year of our Lord one thousand eight hundred and sixty- four, comes and says that he cannot gainsay the said writing obligatory, nor that the same is his act and deed, and confesses judgment to the plaintiff for the sum of one thousand dollars, besides costs, &c. ; and further releases all and all manner of error and errors, misentries, defects and imperfections what- ever that may intervene in the entering of the said judgment, or in any process or proceedings thereon or anywise touching or concerning the same. John J. Pinkerton, Defendant's Attorney. 23. Rule on Defendant as Purchaser at Sale for Taxes of Un- seated Lands. p. 996, pi. 39. 29 March 1S24, 8 Sm. L. 291. ^ In the Court of Common Pleas of Chester James Wills ) ^ f County. I Of May Term, 1860. No. 10. John Gregg. / -n- ^ Jijectment And now, May 1, 1860, The Court being given to understand and be informed that no person resides on the land mentioned in the writ in this case, that the same has been sold for taxes, and said action has been brought against the purchaser thereof, and it appearing by the return to said writ that the defendant cannot be found in the said County of Chester : On motion of 598 PRACTICE. Job Mann, Attorney for said James Wills, the plaintiff, the Court grant a rule on the defendant, in which rule the premises claimed in the writ shall be described, to appear and plead on or before the first day of the next term of this Court (or as the case may be), and do order that said rule shall be published for sixty days successively before the return day thereof in the " Star," a weekly newspaper published in the said County of Chester. 24. Judgment by Default against Defendant^ Purchaser under Tax Sale of Unseated Lands. p. 996, pi. 39. 29 March 1824, 8 Sm. L. 291. In the Court of Common Pleas of Chester James Wills ( County. John GREG8. J Of May Term, I860. No. 10. ^ Ejectment. And now, August 1, 1860, Proof having been made of the publication of the rule heretofore granted in this case accord- ing to the order of Court, and no person appearing in answer thereto, On motion of Job Mann, of counsel with the plaintiff, and in default of the appearance of the defendant, the Court give judgment that the plaintiff do recover possession of the premises mentioned and described in the writ issued in this case, with costs, iS:c. 25. Plea of Disclaimer and Tender in Trespass. p. 967, pi. 1. 27 March 1713, 1 Sm. L. 77. T -nr -^ In the Court of Common Pleas of Chester James W ills ^ I County. !,'■ ( Of May Term, 1860. No. 10. John Gregg. ) ^ '' ' ■^ Irespass. And the defendant, by his attorney Job Mann, comes and defends the force and injury, when, &c., and says that the plain- tiff oucrht not to have or maintain his aforesaid action thereof a mon Pleas of Ches Gregg (a minor), heirs of said de- ter County, ceased, the said George Gregg hav- ing for his guardian George Jones. (See Judgment, George Wills v. John Rex, Administrator, &c., of said John Gregg, deceased, No. 10, to May Term, 1854.) PRACTICE. 601 Issue Scire Facias against the defendants, to show cause why the above- stated judgment should not be levied and paid out of the estate of the defendants as widow and heirs of said John Gregg, deceased. Yours, &c. William Marshall, To James Davis, Plaintiff's Attorney. Prothonotary. May 1, 1855. 28. Scire Facias to charge Real Estate of Decedent. p. 288, pL 100. 24 February 1834, P. L. 80. Chester county, ss. The Commonwealth of Pennsylvania to the Sheriff L '^ of the County of Chester ; Greeting : Whereas, George Wills, heretofore, to wit, on the first day of May, in the year of our Lord one thousand eight hundred and fifty-four, in our County Court of Common Pleas, before our Judges at West Chester, recovered judgment against John Rex, Administrator of all and singular the goods, chattels, rights and credits which were of John Gregg, late of your county, deceased, for a certain debt or sum of one thousand dollars, as also ten dollars which to the said George Wills were adjudged for his costs and charges which he sustained by occa- sion of the detention of that debt : And whereas the said John Gregg died seised of real estate in the said County of Chester, which descended and came to the said Sarah Gregg, James Gregg and George Gregg, the widow and heirs of the said John Gregg, deceased: And whereas the said George Wills has given us to under- stand that the said judgment remains wholly unpaid and unsat- isfied, and has besought us to provide for him a proper remedy : And we being willing that what is just in this behalf should be done, do according to the form of the Act of Assembly in such case made and provided, command you, that you make known to the said Sarah Gregg, James Gregg and George Jones, guardian 602 PRACTICE. of the said George Gregg, that they be before our Judges at West Chester at our County Court of Common Pleas, there to be held on the last Monday of July next, to show cause, if any- thing they have to know or say, why the said judgment so recovered against the said John Rex, Administrator, &c., of the said John Gregg, deceased, shall not be levied and paid out of the said real estate, of which the said John Gregg died seised as aforesaid : And have you there then this writ : Witness the Honorable Townsend Haines, President Judge of our said Court, at West Chester, the first day of May, in the year of our Lord one thousand eight hundred and fifty-five. James Davis, Prothonotary. 29. Application of Administrator to Stay Proceedings on Exe- cution, — Order, . In the Court of Common Pleas of Chester James Wills | ^ ( County. ^ ■ (Of May Term, 1860. No. 10. John Gregg. J -r^ i Debt. Sir, — Please to take notice that, in pursuance of a rule for that purpose, the depositions of ancient, infirm and going wit- nesses, to be read in evidence on the part of the plaintiff on the trial of the above cause, will be taken at the office of John Graves, Esquire, Justice of the Peace in the borough of West Chester and County of Chester, on the first day of July next, between the hours of ten o'clock a. m. and three o'clock p. m. of said day. Yours, &c. David Bond, To Job Mann, Esq., For Plaintiff. Defendant's Attorney. June 10, 1860. 606 PRACTICE. James Wills 1 34. Depositions. In the Court of Common Pleas of Chester County. ' ( Of May Term, 1860. No. 10. John Gregg. J T^ , -^ Debt. Depositions of witnesses taken before John Graves, Esquire, Justice of the Peace of said county, at his office in the borough of West Chester, on the first day of July, A. D. 1869, by virtue of the annexed rule, and in accordance with the annexed notice. Seth Jones, a witness produced by the plaintiflF, being duly sworn, deposes as follows, viz. : I am about the age of forty years, by occupation a farmer, residing in Penn Township, Chester County, &c. (proceeding with testimony). Being cross-examined by Job Mann, Esq., of counsel with the defendant, the witness further deposes as follows, viz. (pro- ceeding with testimony). Witness sworn, deposition read -. Seth Jones. over to him, and subscribed I before f John Graves, J. P. ^ Abel Lea, a witness produced by the plaintiff, being duly Bworn, deposes as follows, viz. (proceeding with testimony). Being cross-examined by Job Mann, Esq., of counsel with the defendant, witness further deposes as follows, viz., &c., &c. Witness sworn, deposition read Abel Lea. over to him, and subscribed f before f John Graves, J. P. ^ Chester county, ss. I, John Graves above named, a Justice of the Peace of said County of Chester, do certify, that Seth Jones and Abel Lea, above-named witnesses, produced by the plaintiff in the above cause, were sworn, and their foregoing depositions taken and subscribed before me, at my office in the Borough of West Chester and County of Chester, on the first day of July, A. P. 1860, between the hours of ten o'clock a. m. and three o'clock PRACTICE. 607 P. M. of said day, in tlie presence of David Bond, of counsel with the plaintiflF and Job Mann, of counsel with the defendant. Witness my hand and seal, the first day of July, a. D. 1860. John Graves, [l. s.] 35. Interrogatories on Commission to take Depositions, — and^ Precipe for Mule. ^ __ ^ In the Court of Common Pleas of Chester James Wills ) ^ ( County. ^' [ Of October Term, 1860. No. 10. John Gregg, j t^ ,^ '' Debt. Interrogatories to be propounded to the witnesses that may be produced, sworn or affirmed and examined in the above cause on behalf of the plaintiff above named. Interrogatory 1st. What is your age, residence and occu- pation? Interrogatory 2d. Do you know the parties in the above cause named or either of them, and which of them, and how long have you known them or either of them ? Interrogatory 3d, &c. " 4th, &c. Interrogatory (last, numbering it). Do you know any other matter or thing that may be material to the plaintiff in the cause above named ? If so, state the same fully and at large, as if thereto particularly interrogated. William Marshall, September 3, 1860. Attorney for Plaintiff. Commissioners on the part of "■ the Plaintiff at Troy, in the State of New York. Enoch Rex, Esq., and Seth Jones, Esq., or either of them. . Enter a rule for a commission in the above case. To James Davis, Esq., William Marshall, Prothonotary. Attorney for Plaintiff. 608 PRACTICE. 36. Commission to take Depositions. Chester county, ss. |-^ , -| The Commonwealth of Pennsylvania, to Enoch Rex, Esq., and Seth Jones, Esq., of Troy, New York ; Greeting : — Know you, that we, in confidence of your prudence and fidelity, have appointed you, and hy these presents Do give unto you and each of you full power and authority diligently to ex- amine all witnesses whatsoever, upon certain interrogatories herewith exhibited to you, on the part of James Wills, plaintiff in a certain action of Debt, in the County Court of Common Pleas of Chester County, in the said Commonwealth, between the said James Wills plaintiff, and John Gregg defendant, and also upon certain cross-interrogatories herewith exhibited, on the part of the above-named defendant. We therefore authorize and empower you and each of you, at such certain days and places to be appointed by you for that purpose, to cause the said witnesses to appear before you, and then and there, each of them apart, to examine upon the said interrogatories and cross-interrogatories, on their respective oaths or solemn affirmations first taken, and to take such their examinations and reduce them to writing ; and when you shall have taken them, you are to send them to our Judges at West Chester, at our County Court of Common Pleas, there to be held on the last Monday in April next, closed up under your seals, plainly and distinctly set forth, together with the said interrogatories and cross-interrogatories, and this writ. Witness the Honorable Townsend Haines, Esquire, President of our said Court, at West Chester, this eighteenth day of No- vember, A. D. one thousand eight hundred and sixty. James Davis, Prothonotary. 37. Letter of Instruction to the Commissioners. Gentlemen : — You will receive herewith a commission issued by the Court of Common Pleas of Chester County, in the State of Pennsyl- PRACTICE. 609 vania, authorizing jou, at Troy in the State of New York, to examine witnesses in a certain cause depending in the said Court, wherein James Wills is plaintiff, and John Gregg de- fendant, upon the interrogatories annexed to the commission. Having agreed upon the time and place of meeting, of which a reasonable notice should be given to the agent who superin- tends the execution of this commission, that he may collect the witnesses, you will proceed at the time and place appointed to execute the commission in the following manner : You will draw up on paper, preparatory to the examination of witnesses, the style or title of the depositions, viz. : " Depo- sitions of witnesses produced, sworn (or affirmed), and examined, on the tenth day of November, in the year of our Lord one thousand eight hundred and sixty, at (naming the place), in the City of Troy, by virtue of a commission issuing from the Court of Common Pleas of Chester County in the State of Pennsylvania, to Enoch Rex and Seth Jones, directed for the examination of witnesses, in a certain cause depending in said Court, wherein James Wills is plaintiff and John Gregg de- fendant." You will next administer to the witnesses whom you are about to examine, an oath or affirmation, in the established form of the place, to make true answers to all such questions as shall be asked upon the interrogatories annexed to the commission, with- out favor or affection to either party, and therein to speak the truth, the whole truth, and nothing but the truth : After having demanded from the witness his name, addition or title and age, you will draw up in writing his answers to the interrogatories as follows, " Abel Lea of the City of Troy, aged thirty-five years or thereabouts, being produced, sworn (or affirmed), and examined on behalf of the plaintiff (or defendant, as the case may be), deposeth as follows : 1. "To the first interrogatory on the part of the plaintiff (or defendant, as the case may be), he deposeth as follows," and then set down his answer. 2. " To the second interrogatory on the part of the plaintiff (or defendant, as the case may be), he deposeth as follows," 39 610 PRACTICE. and so on tlirougli the rest of the interrogatories, until the whole are answered : The witness must subscribe his examination with his name, and the acting Commissioners must subscribe their names oppo- site to his signature, for the purpose of identifying it, and if, in the course of the examination, the witnesses shall produce or refer to any paper, exhibit or document, the same must be marked by some letter or figure, and further identified by the acting Commissioners in- the following manner: "This is the paper, exhibit or document referred to by Abel Lea in his ex- amination, as the paper marked A," to which they will sign their names : Having in this manner examined all the witnesses produced, upon all the interrogatories, such of you as shall have con- ducted the examination, will bind up the deposition and ex- hibits, together with the commission, some tape passing through and connecting the whole, and you will then make the follow- ing endorsement on the commission, " The execution of this commission appears in a certain schedule hereunto annexed," to which you will also subscribe your names : Thus prepared and executed, you will enclose the same in one envelope, sealed with your respective seals, your names written across or bv the side of the seals, and the whole endorsed to James Davis, Esquire, Prothonotary, West Chester, Chester County, Pennsylvania. And send by mail. Yours respectfully, Messrs. Enoch Rex and 1 William Marshall. Seth Jones. f PRACTICE. 611 38. Affidavits of Truth of Petition, ^c. Chester county, ss. John Wills being duly sworn says, that the statements in the foregoing petition (or as the case may be), are true as he verily believes. Sworn and subscribed, May 1, ^ John Wills. 1860, before V John Graves, J. P. J 39. Bill of Costs. James Wills'] In the Court of Common Pleas of Chester V. y County. John Gregg. J Debt. Tried May 1, 1860. Plaintiff's Bill of Costs at Arbitration. 1. Subpoena, Serving on 3 witnesses, . 20 miles travel in serving, Enoch Rex, 1 day, . 10 miles travel, . . Seth Jones, 1 day, 12 miles travel, . . James Robb, 1 day. Plaintiff paid Costs on Appeal^ At January Term, 1860. 1. Subpoena, . . . . . Serving on 3 witnesses, . . . . . 20 miles travel in serving, $ .25 .30 1.20 .63 .30 .63 .36 $1.75 .93 .99 .50 .25 .30 1.20 1.75 012 PRACTICE Enoch Rex, 1 day,(a) 10 miles travel, James Robb, 1 day. At April Term, 1. Subpoena, Serving on 3 witnesses, . 20 miles travel in serving, Enoch Rex, 2 days, 10 miles travel, Abel Lea, 2 days, 2 miles travel, James Robb, 2 days. Plaintiff paid verdict fee, Affidavit, 1860 .00 .30 .25 .30 1.20 $1.30 .50 2.00 .30 2.00 .06 1.75 2.30 2.06 1.00 4.00 .10 $33.93 Chester county, ss. James Wills, the above-named plaintiff, being duly sworn, says, that the foregoing bill of costs is correct and true ; that the witnesses attended as is therein set down, and that they were material. Sworn and subscribed. May"] James Wills. 1, 1860, before I John Graves, J. P. J 40. Bill of Exceptions. Be it Remembered, that at the term of August, a. d. 1860, came James Wills into the Court of Common Pleas of Chester County, and impleaded John Gregg in a certain plea of debt (or as the case may be), in which the said James Wills declared {prout -narr.), and the said John Gregg pleaded {prout pleas), and thereupon issue Avas joined. And afterwards, to wit, at a session of said Court held at (a) The witness fees are stated according to the fee-bill for Chester County. PRACTICE. 613 West Chester in the county aforesaid, before the Honorable William Butler, President, and his Associates, of the said Court of Common Pleas on Monday, the ninth day of February, a. d. 1861, the aforesaid issue came on to be tried by a jury of the said county, for that purpose duly impannelled [prout list of jurors), at which day came as well the said plaintiff as the said defendant, by their respective attorneys ; and the jurors of the jury aforesaid impannelled to try the said issue, being also called came, and were then and there in due manner chosen and sworn or affirmed to try the said issue ; and thereupon the plaintiff to maintain the issue on his part produced and read a certain bond executed by the defendant John Gregg to the plaintiff for the sum of one thousand dollars, dated May 12, 1858 {prout said bond) (or called Samuel Rex, &c., as the case may be. Set out plaintiff's evidence at length, noting excep- tions to the rejection or admission of testimony), and closed (or rested, as the case may be). And thereupon the defendant to maintain the issue on his part produced and read, &c. (set out defendant's evidence), and closed. Whereupon the plaintiff's counsel ask the Court to charge the jury upon the following points {prout points), which points the Court answered as follows {prout points). And thereupon the Court charged the jury {prout charge). To which charge and answers the plaintiff excepted : And as the said several matters so excepted to as aforesaid, do not appear by the record of the verdict in said cause, the attorneys for the plaintiffs proposed this their bill of exceptions contain- ing the said several matters of exception, and prayed the same might be sealed, and thereupon the Court did seal the same. William Butler. PRECIPES. 41. In Account. James Wills ^ f In the Court of Common Pleas of Chester T ^ ( County. John Gregg. J •' Issue summons against the defendant, to answer the plaintiff 614 PRACTICE. of a plea, that he render to him a reasonable account of the time he was the bailiflf of the goods and receiver of the moneys of the plaintiff (or receiver of the moneys of the plaintiff), returnable to the next term. Yours, &c. David Bond, To James Davis, Esquire, For Plaintiff. Prothonotary. 42. In Assumpsit, with Affidavit that Debt, ^c, is above §100. p. 593, pi. 28. 20 March 1810, 5 Sm. L. 172. James Wills 1 ^ , ^ r- ^ ^, ^ /^, ( In the Court of Common Pleas of Chester John Gregg. J ^^'^^^y* Issue summons Case in Assumpsit. Returnable to next term. Yours, &c. David Bond To James Davis, Esquire, For Plaintiff. : Prothonotary. April 1, 1860. Chester county, ss. James Wills, the plaintiff above named, being duly sworn, says, that he truly believes that the damages sustained (or " the debt due") in the above suit, exceed the sum of one hun- dred dollars. Sworn and subscribed, April 1, ^ James Wills. 1860, before V John Graves, J. P. J 4o. In Covenant. f In the Court of Common Pleas of Chester -r ^ f County, John Gregg. J "^ Issue summons against the defendant to answer the plaintiff PRACTICE. 615 of a plea, that lie keep with him the covenant made hy him the defendant with the plaintiff, according to the force and effect of a certain indenture (or as the case may be), made between them. Returnable to next term. Yours, &c. David Bond, To James Davis, Esquire, For Plaintiff. Prothonotary. April 1, 1860. 44. In Covenant, by Assignee. James Wills, Assignee ^ of Seth Jones, ! In the Court of Common Pleas of V. [ Chester County. John Gregg. J Issue summons against the defendant to answer the plaintiff of a plea, that he keep with him the covenant made by the defendant with said Seth Jones, according to the force and effect of certain articles of agreement (or as the case may be), made between the defendant and the said Seth Jones. Return- able to next term. Yours, &c., David Bond. To James Davis, Esquire, For Plaintiff. Prothonotary. April 1, 1860. 45. In Debt. p. 32, pi. 12. 13 .June 1836, P. L. 578. James Wills ] i^ ^^^ q^^^^ ^^ Common Pleas of Chester County. V. John Gregg Issue summons. Debt $500. Returnable to the next day preceding the last day of April Term next. Yours, &c. David Bond, To James Davis, Esquire, For Plaintiff. Prothonotary. April 25, 1860. 616 PRACTICE. 46. In Debt. Qui tarn. James Wills, who sues as well "^ for the Commonwealth as for In the Court of Common Pleas himself, V of Chester County. V. John Gregg. Issue summons. Debt §200, returnable to the next term. Yours, &c. David Bond, To James Davis, Esquire, For Plaintiff. Prothonotary. April 25, 1860. 47. In Detinue. James Wills | j^^ ^^^ q^^^^ ^f Common Pleas of Chester ^- f County. John Gregg. J Issue summons against the defendant to answer the plaintiff of a plea, that he render to him certain goods and chattels, to wit (describing them), of the value of two hundred dollars, which he unjustly detains from him, returnable to the next term. Yours, &c. David Bond, To James Davis, Esquire, For Plaintiff. Prothonotary.' April 25, 1860. 48. Dower. Sarah Gregg "j V. Y In the Court of Common Pleas of Chester Charles Gregg.] County. Issue summons to the defendant, that justly and without de- PRACTICE. 617 lay lie render to the plaintiff, ■who was the wife of John Gregg, deceased, one third part of a certain messuage and tract of and, situate in the Township of Penn in the County of Chester, bounded by lands of Enoch Rex, Seth Jones and others, con- taining one hundred acres more or less, with the appertenances, as her reasonable dower which falleth to her of the said free- hold of her husband aforesaid whereof she has nothing ; return- able to the next term. Yours, &c. James Davis, Esq., David Bond, Prothonotary. For Plaintiff. April 1, 1860. 49. In Ejectment. p. 364, pi. 1. 21 March 1806, 4 Sm. L. 332. James Wills 1 ^ i r. ^ /^ -r^, r> ^^ in the Court oi Common Pleas oi Chester V. John Gregg, j *^"" ^' Issue summons in ejectment against the defendant to answer the complaint of the plaintiff, that the defendant has now in his actual possession a messuage and tract of land, situate in the Township of Penn in said County of Chester, bounded by lands of Enoch Rex, Seth Jones, Abel Lea and others, containing one hundred acres more or less, with the appertenances, the right of possession or title to which the plaintiff says, is in him and not in the defendant ; returnable to the next term. Yours, &c. To James Davis, Esq., David Bond, Prothonotary. For Plaintiff. April 1, 1860. .618 PRACTICE. 50. Notice of Intention to Claim Mesne Profits. _ ,T- -X In the Court of Common Pleas of Chester James \\ ills ) „ f County. ^_: ( Of April Term, 1860. No. 10. John (jtregg. ) „. ' -^ Ejectment. To Job Mann, Esquire, Defendant's Attorney : Sir, You are hereby notified that it is the intention of the plaintiff, on the trial of the above-stated action of Ejectment, to proceed for mesne profits. Yours, &c. David Bond, May 10, 1860. For Plaintiff. 51. For Fieri Facias. T i-r- ^ In the Court of Common Pleas of Chester James ^\ills ) ^ f County. J p, ^ { See Judgment entered January 1, 1860, in JOHN vjREGG. I -nv 1 TIT /lA -^ Judgment Docket M, p. bO. Issue Fieri Facias on the above judgment, returnable to next term. Debt, $500 Interest from January 1, 1860. Plaintiff's bill of costs, .... 20 Y^ours, &c. David Bond, To James Davis, Esq., For Plaintiff, Prothonotary. April 1, 1860. PRACTICE. 619 52. For Habere Facias Possessionem, ivith Clause of Fieri Facias for Costs. James Wills V. John Gregg. In the Court of Common Pleas of Chester County. . See No. 10, to April Term, 1859. Judgment in Ejectment, entered May 1, 1860, in Judgment Docket R, p. 100. Issue Habere Facias Possessionem, with clause of Fieri Facias for costs. Plaintiff's hill of costs, $50. Returnable to next term. Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. May 5, 1860. James Wills John Gregg. 53. For Inquiry of Damages. In the Court of Common Pleas of Chester County. See No. 10, to April Term, 1860. Case in Assumpsit, Judgment by default en- tered April 30, 1860, in Judgment Docket R, page 91. Issue Writ of Inquiry of damages, returnable to next term. Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. May 5, 1860. 620 PRACTICE. 54. For Scire Facias on Mortgage. P. 328, pi. 112. Act of 1705, 1 Sm. L. 59. James Wills 1 t t /-. <> /-. t»i p ^i f In the Court oi (Jommon Jrleas ot Chester ^ ' C County. John Gregg. J "^ Issue Scire Facias upon Mortgage from John Gregg to James Wills, dated April 1, 1860, and recorded in the Recorder's Office of Chester County, in Mortgage Book M, page 50, re- turnable to next term. (a) Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. April 1, 1860. James Wills John Gregg. 55. For Levari Facias. In the Court of Common Pleas of Chester County. >. See Sci. Fa. upon Mortgage, No. 10, to April Term, 1860. Judgment entered April 30^ 1860, in Judgment Docket R, page 80. Issue Levari Facias, returnable to next term. Debt, §1000. Interest from April 30, 1860. Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. May 5, 1860. (a) The Mortgage should be handed to the Prothonotary with the precipe. PRACTICE. 621 56. In Case for Tort. f In the Court of Common Pleas of Chester T /^ ( County. John Gregg. J -^ Issue summons, case in slander (or as the case may be). Re- turnable to next term. Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. April 1, 1860. 57. Trespass, False Imprisonment. James Wills 1 t i /m ,. /-, ^^ o ^■, In the Court oi Common Pleas oi Chester in tne L V. y , ^ ( County John Gregg, j *' Issue summons against the defendant, to answer the plaintiff, wherefore with force and arms, &c., he made an assault on the plaintiff, and beat, bruised, ill-treated and imprisoned the plain- tiff; and kept, detained and imprisoned him, without any rea- sonable and probable cause, for a long time, viz., for one day, and other wrongs to the plaintiff did, to the great damage of the plaintiff, &c. Returnable to next term. Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. April 1, 1860. James Wills ^ ^ I In V. John Gregg 58. Trespass, Quare Olausum Fregit. the Court of Common Pleas of Chester r County Issue summons against the defendant, to answer the plaintiff 622 PRACTICE. wherefore with force and arms, &c., he broke and entered the close of the plaintiff in said county, and then and there with the horses, oxen, wagons and carts of the defendant, tramped down, &c., the grass and grain there growing, &c. (set out grievances), and other wrongs to the plaintiff then and there did, to the great damage of the plaintiff, &c. Returnable to next term. Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. April 1, 1860. 59. Trespass, — De Bonis Asportatis. \ In the Court of Common Pleas of Chester T ^" 1 County. John Gregg. J '' Issue summons against the defendant, to answer the plaintiff, wherefore with force and arms, he seized, took and carried away one wagon of the value of fifty dollars, &c., kc. (setting out goods), all together of the value of two hundred dollars, of the goods and chattels of the plaintiff, and converted and dis- posed of the same to his own use, and other wrongs to the plaintiff did, to the damage of the plaintiff, &c. Returnable to next term. Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. April 1, 1860. James Wills ^ ^ I in 60. Trespass, — Assault and Battery. the Court of Common Pleas of Chester T r^ I County. John Gregg, j -^ Issue summons against the defendant, to answer the plaintiff, wherefore with force and arms, he assaulted the plaintiff and PRACTICE. 623 then and there kicked him, the plaintiff (state particulars), and other wrongs to the plaintiff then and there did, to the damage of the plaintiff, &c. Returnable to next term. Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. April 1, 18G0. 61. For Venditioni Exponas. James Wills "] In the Court of Common Pleas of Chester V. y County. John Gregg. J See FL Fa. No. 10 : to April Term, 1860. Issue venditioni exponas : — returnable to next term. Debt, $500 00 Interest from January 1, I860. Plaintiff's Bill of Costs, . . . . 20 00 Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. May 1, 1860. 62. Precipe for Scire Facias sur 3Iechanic s Lien. James Wills >. y. I In the Court of Common Pleas of Ches- JoHN Gregg, owner j ter County. or reputed owner. See Mechanic's Lien filed March 1, 1860, in Mechanics' Lien Docket B, page 50. Issue Scire Facias upon the above stated Mechanic's Lien, returnable according to law. Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. April 1, 1860. 624 PRACTICE. 63. Precipe for Scire Facias sur Judgment against a Corpora- tion having assigned its Property. John Gregg 1 t i .^ f r^ tm in the Court of Common Pleas of V. n, -r, -r, > Chestcr County. The Penn Railroad [..,„, i opa at -, ^ April Term, 1860. No. 1. Company. J ^ ' (See judgment for ^500 entered April 2, 1860, in Judgment Docket M, page 200.) Issue Scire Facias sur judgment witli notice to Seth Lea claiming to hold and own the real and personal estate of said defendants. Yours, &c. David Bond, To James Davis, Esq., For Plaintiff. Prothonotary. July 1, 1860. 64. Precipe and Affidavit for Attachment against a removing Defendant, c^-c. p. 1540, pi. 1, et stq. 17 March 1869, P. L. 8. I In the Common Pleas of Chester County. ^ ^\ ( Of April Term, 1860. No. 10. Seth Lea. J Issue Attachment in Case, against defendant, returnable, &c. W. S. Marshall, James Davis, Esq., For Plaintiff. Prothonotary. March 1, 1860. Chester county, ss. John Gregg the plaintiff above named being duly sworn says, that the said Seth Lea is justly indebted to him in a sum ex- ceeding one hundred dollars, the nature and amount of such indebtedness being as follows (state particulars and amount of indebtedness), and that the said Seth Lea is about to remove his property out of the jurisdiction of the Court of Common Pleas PRACTICE. 625 of Chester County with intent to defraud his creditors (or as the case may be). Sworn and subscribed, March ^ John Gregg. 1, 1860, before I James Davis, [ Prothonotary. ^ 65. Bond before issuing Attachment. John Gregg ^ r .^ r^ ^ ^ ^, \ in the Court of Common Pleas. SethLea. J Of April Term, 3860. No. 10. Know all men by these presents, that we, John Gregg the plaintiff above named, George Rex and Abel Jones, all of the County of Chester, are held and firmly bound unto Seth Lea, the defendant above named, in the sum of one thousand dollars, to be paid to the said Seth Lea, his executors, administrators and assigns, to which payment well and truly to be made, we bind ourselves jointly and severally, our executors and admin- istrators, firmly by these presents: Sealed with our seals, dated the first day of March, A. D. one thousand eight hundred and sixty. Whereas, the said John Gregg has made application to the Prothonotary of said Court, to issue an Attachment in the above-stated action against the said Seth Lea : Now the condition of this obligation is such, that if the said John Gregg shall fail to prosecute his said action with effect and recover a judgment against the said Seth Lea, he the said John Gregg shall pay to the said Seth Lea all legal costs and damages which the said Seth Lea may sustain by reason of said attachment ; then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered ^ t /- .- -. c I John Gregg, Tl. s.l in presence oi „ ^ \. i *^ T I, -D 1 r George Rex, Tl. s.l John Jttoyd ( . ., ' "i :J T T-. . ) Abel Jones. Tl. s.l James Davis. -^ "- -■ 40 626 PPtACTICE. 66. Certificates of Authentication. Act of Congress, 26 May 1790. Purdon 1024. Commonwealth of Pennsylvania, 1 County of Chester. J I, Alfred Rupert, Prothonotary of the Court of Common Pleas of said county of Chester, do hereby certify that the foregoing twenty-five (or as the number may be) pages, contain a full and correct transcript of the whole record and judicial proceedings in a certain cause instituted in the said Court, wherein George Wills is plaintiff and John Gregg is defendant, as full and entire as the same remain of record in said Court. In witness whereof, I have hereunto set my hand po 1 -1 and affixed the seal of the said Court, this tenth day of December, in the year of our Lord one thousand eight hundred and sixty-six. jAlfred RuPEPtT, Prothonotary. I, William Butler, President Judge of the Fifteenth Judicial District of the Commonwealth of Pennsylvania, composed of the^counties of Chester and Delaware, do certify that the fore- going attestation is in due form of law. Witness my hand, the tenth day of December, a. d. 1866. William Butler, President Judge. 67. Certificates of Authentication. Act of Congress, 27 March 1S04. Purdon 1024. Commonwealth of Pennsylvania, \ County of Chester. J I, Levi G. McCaulley, Register of Wills in and for said county, do hereby certify that the foregoing is a true copy of the last will and testament of John Gregg, late of the Township of Penn in said county, deceased, as the same remains on file and of record in my office in Will Book X, vol. 24, page 275 ; and also of the probate and letters testamentary duly granted thereon. In witness whereof I have hereunto set my hand and affixed the seal of the said office, this tenth L '-I day of IMay, in the year of our Lord one thousand eight hundred and seventy. Levi G. McCaulley, Register. QUO WARRANTO. 627 I, William Butler, President Judge of the Fifteenth Judicial District of the Commonwealth of Pennsylvania, composed of the counties of Chester and Delaware, do hereby certify that the foregoing attestation is in due form and by the proper oflficer. Witness my hand, the tenth day of May, A. d. 1870 William Butler, President Judge. Commonwealth of Pennsylvania, 1 County of Chester. / I, S. G. Willauer, Prothonotary of the Court of Common Pleas of said County of Chester, do hereby certify that the Honorable William Butler, whose signature is affixed to the foregoing certificate, was at the time the same bears date and now is President Judge of the Fifteenth Judicial District of the Commonwealth of Pennsylvania, composed of the counties of Chester and Delaware, duly commissioned and qualified. In witness whereof I have hereunto set my hand and the seal of the said Court, this tenth day of L ®^ -J May, in the year of our Lord one thousand eight hundred and seventy. S. G. Willauer, Prothonotary. QUO WARKANTO. 1. Suggestion. p. 832, pi. 2, 3. P. 833, pi. 7. 14 June 1836, P. L. 62.3, 624. The Commonwealth of Penn-"" SYLVANIA, ex relatione James Wills, V. John Gregg. In the Court of Common Pleas of Chester County. Chester county, ss. James Wills, who sues in this behalf for the Commonwealth of Pennsylvania, this first day of January, in the year of our Lord one thousand eight hundred and sixty, comes here into 628 QUO WARRANTO. Court and for tlie said Commonwealth, gives the Court here to understand and be informed, that John Gregg, since the six- teenth day of November hist, has exercised and still does exer- cise the franchises, rights and privileges of President of The Penn Railroad Company, a corporation created by authority of law, and having its chief place of business in the said County of Chester, without lawful authority ; that on the day last aforesaid, the above-named James Wills was, in due and regular form of law, elected President of said Railroad Company, agreeably to the provisions of an Act of Assembly passed the first day of February, in the year of our Lord one thousand eight hundred and fifty, entitled " An Act incorporating the Penn Railroad Company ;" but notwithstanding said election, the said John Gregg has, for the time aforesaid, used and still does use the franchises, rights and privileges aforesaid, and during the said time has usurped and does usurp on the Com- monwealth therein, to the great damage and prejudice of the Constitution and laws thereof: Whereupon the said relator for the said Commonwealth does make suggestion and complaint of the premises, and prays due process of law against the said John Gregg in this behalf to be made, to answer to the said Commonwealth, by what warrant he claims to have, use and enjoy the franchises, rights and privileges aforesaid. Chester county, ss. James Wills, above named, being duiy sworn says, that the statements in the foregoing suggestion are true as he verily believes. Sworn and subscribed, Jan. ^ James Wills. 1, 1860, before V John Graves, J. P. J Undorsement. Commonwealth of Pennsylvania, at the relation of James Wills, V. John Gregg. Suggestion for quo ivan'anto. QUO WARRANTO. 629 2. Rule to Show Cause, ^c. P. 832, pi. 1, Ac. 14 June 1836, P. L. 623. The Commonwealth of Pennsyl- ^ ., i ^ , ^ ^ , . T ,„ I in the Court ot Com- vania, ex relatione James Vv ills, t^, c- r^-, . > mon Fleas ot Chester T ' I County. John Gregg. -^ "^ And now, January 1, 1860, On motion of David Bond, Esquire, of counsel with the said James Wills, and affidavit filed, a rule is granted on the said John Gregg, to appear on the last Monday of January instant, and show cause why a writ of quo ivarranto should not issue against him, to show by what authority he exercises the office of President of " The Penn Railroad Company." 3. Order to Issue Writ. p. 832, pi. 1, &c. 14 June 1836, P. L. 623. The Commonwealth of Pennsyl-. t i />, ^ /^ - . -r ,„ I in the Court ot Com- VANIA, ex relatione d A'UL^B Wills, -t,, „ „, > mon Pleas oi Chester , „ ) County. John Gregg. ^ '' And now, January 30, 1860, On the hearing of the rule to show cause, &c., in this case, the said rule is made absolute, and the Court direct that a quo ivarranto do issue against the said John Gregg, to show by what authority he exercises the office of President of " The Penn Railroad Company." By the Court. 630 QUO WARRANTO. 4. Plea. P. 833, pi. 9. 14 June 1836, P. L. 624. The Commonwealth or Pennsyl- vania, ex relatione James Wills, V. John Gregg. In the Court of Com- mon Pleas of Chester County. Of May Term, 1860. No. 1. Quo Warranto. And now, this first day of February, in the year of our Lord one thousand eight hundred and sixty, comes the above-named John Gregg by Job Mann his attorney, and protesting that the suggestion filed in this case is altogether insufficient in law, and that he need not, according to the law of the land, make answer thereto, nevertheless, for a plea in this behalf says, that the said Commonwealth ought not to implead him by reason of the several matters and things in the said suggestion set forth, because he says, that on the day and year in the said sugges- tion mentioned, to wit, on the sixteenth day of November, in the year of our Lord one thousand eight hundred and fifty-nine, according to the provisions of the said Act of Assembly, he was duly elected, constituted and appointed President of the said Penn Railroad Company, by force of which election and appoint- ment so made, as aforesaid, he says, that he became lawfully authorized and entitled to take upon himself to exercise and enjoy the said office as President of the said Railroad Company, and the franchises, rights and privileges thereunto belonging and appertaining, within the said County of Chester ; and the defendant in fact says, that he did thereupon accept and take upon himself the said oflSce, and that he hath ever since exer- cised and continued to exercise the same, in the said County of Chester, by virtue of the authority so to him granted by the said election and appointment, and by virtue of the said Act of Assembly, all which he is ready to verify : "Without this, that on the sixteenth day of November afore- said, or at any other time before or since, the said relator was in due and resular form of law, elected President of said Rail- QUO WARRANTO. 631 road Company, as he has suggested to this Honorable Court, and without tliis, that by reason of any matter or thing ■what- soever, the said office of him, this defendant, and his right to have, exercise and enjoy the same, together with the franchises, liberties and privileges thereunto belonging and appertaining, have been in anywise vacated, determined or abridged : Where- fore the defendant prays judgment, and that the office, fran- chises, liberties and privileges by him claimed as aforesaid, may be adjudged and allowed to him, and that he may be dismissed and discharged by the Court hereof, and from the premises above charged on him, &c. Job Mann, For Defendant. 5. Rejilication. p. 833, pi. 9. 14 June 1836, P. L. 624. In the Court of Common Pleas of Chester County. Of May Term, 1860. No. 1. Quo Warranto. The Commonwealth of Penn-^ SYLVANIA, ex relatione James Wills, f V. John Gregg. And the said relator, who prosecutes for the Commonwealth in this behalf, having heard the plea of the said John Gregg in manner and form aforesaid, above pleaded in bar to the said suggestion for the said Commonwealth, says, that by reason of anything in that plea alleged, the said Commonwealth ought not to be barred from having the said suggestion against the defendant, because protesting that the said plea and the mat- ters therein contained, are not sufficient in law to bar the said Commonwealth from having the aforesaid suggestion against the said defendant, to which plea in manner and form above pleaded, the said relator is under no necessity, nor in anyways obliged by the law of the land to answer : — for replication never- theless, the said relator says, that the said defendant was not on the said sixteenth day of November in said plea mentioned, 632 QUO -WARRANTO. or at any other time, according to the provision of the said Act of Assembly, duly elected, constituted and appointed President of the said Railroad Company, and that the said defendant did not become lawfully authorized and entitled to take upon him to exercise and enjoy said office, as President of the said Railroad Company, and the franchises, rights and privileges thereunto belonging and appertaining within the said county. And of this the said relator puts himself upon the country, &c. David Bond, For Relator. 6. Similiter. p. 833, pi. 9. 14 June 1836, P. L. 624. The Commonwealth op Penn- sylvania, ex relatione James In the Court of Common Pleas of Chester County. Wills, \ Of January Term, 1860. V. John Gregg. No. 1. Quo Warranto. And the said defendant, as to the replication of the said re- lator by him above replied, and whereof he has put himself upon the country, does the like. Job Mann, For Defendant. The Commonwealth of Penn- sylvania, ex relatione James Wills, V. John Gregg. 7. Demurrer. p. 833, pi. 9. 14 June 1836, P. L. 624. In the Court of Common Pleas of Chester County. \ Of January Term, 1860. No. 1. Quo Warranto. And now. May 1, 1860, comes the said John Gregg into Court, and says, that the Commonwealth ought not to impeach or implead him the said John Gregg, by reason of the premises QUO WARRANTO. 633 in the said suggestion above mentioned and specified, because he says, that the said suggestion and the matters therein con- tained are not sufficient in law, and that he need not nor is he obliged by the law of the land to answer thereto, and this he is ready to verify : — wherefore, and because of the insufficiency of the said suggestion, the said defendant prays judgment, and that he may be dismissed and discharged by the Court hereof, and from the premises above charged upon him, in form aforesaid : (If the demurrer be special, proceed) And the said defendant according to the form of the statutes in such case made and provided, sets down and shows to the Court here the followinfir causes of demurrer to the said suggestion, that is to say, for that (set out causes). Job Mann, For Defendant. 8. Joinder in Demurrer. p. 833, pi. 9. 14 June 1836, P. L. 624. The Commonwealth of Penn- "] In the Court of Common SYLVANIA, ex relatione James Pleas of Chester County. Wills, I Of January Term, 1860. V. No. 1. John Gregg. Quo Warranto. J And the said relator says, that the said suggestion and the matters therein contained are sufficient in law, and this the said relator is ready to verify and prove, as the Court shall award ; Wherefore, inasmuch as the said defendant has not answered to the said suggestion nor in anywise denied the matters therein contained, he, the said relator, prays judgment, and that the said defendant may be convicted of the matters charged upon him, and that he may be fore-judged, ousted and altogether excluded from the said office of President of the said Railroad Com- pany, and the franchises, rights and privileges thereto belonging and appertaining. David Bond, For Relator. 634 QUO WARRANTO. 9. Judgment on Demurrer. P. 833, pi. 11. p. 834, pi. 19. 14 June 1836, P. L. 625. 13 April 1840, P. L. 323. In the Court of Common Pleas of Chester County, The Commonwealth of Penn- sylvania, ex relatione James Wills, [> Of January Term, 1860 V. John GREGa. No. 1. Quo Warranto. And now, June 10, 1860, all and singular the premises being seen and fully understood by the Court, It is considered and adjudged by the said Court, that the said suggestion, and the matters therein contained, are suflScient in law : It is thereupon considered and adjudged, that the said John Gregg is guilty of usurping, intruding into, and unlawfully holding and exercising the office of President of the said Penn Railroad Company, and the franchises, rights and privileges thereunto belonging and appertaining, and the Court here do give judgment that the said John Gregg be ousted and altogether excluded from said office, franchises, rights and privileges ; and that the said James Wills do recover from the said John Gregg, his costs in this behalf expended, (if the case require it ; — proceed) and the Court do further decide, that the said James Wills, the relator, was legally elected President of the said Penn Railroad Com- pany. 10. Verdict. p. 833, pi. 11. 14 June 1836, P. L. 625. The Commonwealth of Penn- ") In the Court of Common SYLVANIA, ex relatmie James Pleas of Chester County. Wills, > Of January Term, 1860. V. No. 1. John Gregg. J Quo Warranto. And now, August 1, 1860, a jury is called, elected by ballot, viz. : Seth Jones, &c. (naming jurors), twelve good and lawful men of said County of Chester, who being sworn and affirmed QUO WARRANTO. 635 according to law, August 3, 1860, do say and find, that the said John Gregg is guilty of usurping and intruding into, and unlawfully holding and exercising the ofiice of the President of the Penn Railroad Company, and the rights, franchises and privileges thereunto belonging and appertaining. 11. hij unction. p. 833, pi. 13. 14 June 1S36, P. L. 625. Chester county, ss. The Commonwealth of Pennsylvania to John Gregg ; •- '^ Greeting : Whereas in a certain writ of Quo Warranto, issued by us out of our Court of Common Pleas of said County of Chester, upon the suggestion in that behalf of James Wills, commanding you to show to the Judges of our said Court at West Chester for said County of Chester, on a day in said writ particularly set down, by what authority you claim to exercise the office of President of the Penn Railroad Company in the said county, and enjoy the rights, franchises and privileges thereunto be- longing and appertaining ; it was so proceeded in, in the said Court before the said Judges, that on the first day of August last past, it was considered that you, the said John Gregg, were guilty of usurping and intruding into, and unlawfully holding and exercising the said office of President of the said Penn Railroad Company and the franchises, rights and privileges thereunto belonging and appertaining, and thereupon our said Court gave judgment that you shouid be ousted and altogether excluded from said office, franchises, rights and privileges, and that the said James Wills should recover against you his costs in that behalf by him expended. We therefore, in considera- tion of the premises, do strictly command and enjoin you, the said John Gregg, that you do absolutely desist from exercising the said office of President of the Penn Railroad Company, and the franchises, rights and privileges thereunto belonging and appertaining : Witness the Honorable Townsend Haines, President of our said Court, at West Chester, the first day of 636 QUO WARRANTO. September, in the year of our Lord one thousand eight hundred and sixty. James Davis, Prothonotary. 12. Disclaimer of Defendant. p. 833, pi. 11. 1 June 1836, P. L. 625. The Commonwealth of Penx- 1 In the Court of Common SYLVANIA, ex relatione James Wills, V. John Gregg. Pleas of Chester County. J>Of January Term, 1860. No. 1. Quo Warranto. And now, February 1, 1860, comes the said John Gregg by Job Mann, his attorney specially constituted, and having heard the suggestion in this case read, says, that he does altogether disavow and disclaim the office, franchises, rights and privileges in said suggestion above mentioned, and confesses and acknow- ledgeth the said usurpation in manner and form as in the said suggestion above is alleged : Whereupon, all and singular the premises being seen and fully understood by the Court, it is considered and adjudged by the said Court here, that the said John Gregg be ousted and altogether excluded from the said office, franchises, rights and privileges, and that the said relator do recover from the said John Gregg his costs in this behalf by him expended. 13. Substitution of Another Party. p. S34, pi. IS. 13 April 1S40, P. L. 323. The Commonwealth of Penn- ^ In the Court of Common SYLVANIA, ex relatione James Pleas of Chester County. Wills, I Of January Term, 1860. V. No. 1. John Gregg. J Quo Warranto. And now, May 1, 1860, comes the said James Wills into RAILROADS. 637 Court, and for the said Commonwealth gives the Court here to be informed and understand, that he, the said James Wills, did on the twentieth day of April last resign his said office of President of the Penn Railroad Company, as in said sugges- tion is mentioned, and that on the same day George Fox was regularly elected and appointed to fill said office of President aforesaid, in the place of the said James Wills, and thereupon the Court do order and decree, that the said George Fox shall be substituted in the room and stead of the said James Wills, and direct that personal notice of said substitution be served on the said George Fox. RAILROADS. LATERAL. Notice of Application. P. 847, pL 52. 5 May 1832, P. L. 502. To Wilson Rea, Amos Rhoads and Robert Rex : — You will please to take notice, that the undersigned intend to apply to the Court of Common Pleas of the County of Chester, at the next regular session thereof, to be held on the twenty- sixth day of April next, for a railroad from their limestone quarries and lime-kilns, situate in the Township of East White- land in said county, on a lot or piece of land adjoining lands of the said Wilson Rea and others, to the Chester Valley Rail- road, at a point on land of the said Robert Rex, in the same Township of East Whiteland, and that the route of the con- templated railroad will be over lands of which you are the owners. John Gregg, April 2, 1856. George Wills. 638 RAILROADS. 2. Affidavit of Service. Chester county, ss. Henry Wallings being duly affirmed says, that he served a notice, of which the within is a true copy, as follows, viz. : On the said Wilson Rea, by giving him said notice personally, on the second day of April instant, and upon Robert Rex, by leaving said notice in the presence of an adult member of his family at his dwelling-house, and upon the said Amos Rhoads, on the third day of April instant, by leaving said notice with an adult member of the family in which said Amos Rhoads resides, this deponent not being able conveniently to find the said Robert Rex and Amos Rhoads. Sworn and subscribed, April \ Henry Wallings. 26, 1856, before I Henry Fleming, J. P. j 3. Affidavit on Kon-residence, ^-c. p. 847, pL 52. 5 May 1832, P. L. 502. Chester county, ss. John Gregg and George Wills, being severally sworn in due form of law say, that it is their intention to file a petition in the Court of Common Pleas of Chester County, at the next regular session thereof, to be held on the twenty-sixth day of April next, for a railroad from their limestone quarries and lime-kilns, on a lot or piece of land in East Whiteland Town- ship in said county, adjoining lands of Wilson Rea and others, to the Chester Valley Railroad, at a point on lands of Robert Rex in the same township ; — that the route of the contemplated railroad will pass over two tracts or pieces of land in said township, one of them lying between lands of said Wilson Rea and Amos Rhoads, and the other lying between lands of the said Amos Rhoads and the said Robert Rex, and that the RAILROADS. 639 owners of said two tracts or pieces of land are unknown to the deponents. Sworn and subscribed, March ~| John Gregg, 14, 1856, before > George Wills. Henry Fleming, J. P. J 4. Notice for Newspaper. P. 847, pi. 52. 5 May 1832, P. L. 502. To all persons whom it may concern : — Notice is hereby given, that the undersigned intend to apply to the Court of Common Pleas of Chester County, at the next regular session thereof, to be held on the twenty-sixth day of April, A. D. one thousand eight hundred and fifty-six, for a rail- road from their limestone quarries and lime-kilns, on a lot or piece of land in East Whiteland Township, in said County of Chester, adjoining lands of Wilson Rea and others, to the Ches- ter Valley Railroad, at a point on land of Robert Rex ; — and that the route of the contemplated railroad will pass over two tracts or pieces of land in said township, one of them lying be- tween lands of the said Wilson Rea and Amos Rhoads, and the other of them lying between lands of the said Amos Rhoads and Robert Rex, the owners of which said lots or pieces of land are unknown. John Gregg, March 15, 1856. George Wills. 6. Affidavit of Publication. \ COPY OF X I NOTICE. K V> « Chester county, ss. John James, being duly sworn, says, that he is the publishrf of a public newspaper called the " Star," printed in said County of Chester, and that a notice, of which the annexed is a true copy, was published in said newspaper for three successive weeks, 640 RAILROADS. viz., on the fifteentli, twenty-second and twentj-ninth days of Marcli, A. D. 1856. Affirmed and subscribed, ApriH JOHN James. 26, 1856, before V Henry Fleming, J. P. J 6. Petition for Lateral Railroad. p. 846, pi. 49. P. 848, pi. 65. 5 May 1832, P. L. 501. 28 Marcli 1840, P. L. 196. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg and George Wills, Respectfully represents. That they are the owners of certain limestone quarries and lime-kilns, on a lot or piece of land in East Whiteland Township, in said County of Chester, adjoining lands of Wilson Rea and others, and being in the vicinity of the Chester Valley Rail- road, not more than three miles therefrom ; that they have sur- veyed and marked a route over the lands intervening between said quarries and kilns, to the said Chester Valley Railroad as follows, viz., beginning at a stake, on the said lot or piece of land on which said quarries and kilns are situate, sixty feet west from the south corner of the dwellinor-house of said John Gregg, thence (setting out courses and distances and owners of land, &c.), to the said Chester Valley Railroad, at a point sixty feet west from the said Robert Rex's warehouse ; that the peti- tioners desire to be allowed to construct a railroad of the width of twenty feet in and upon said route : They therefore pray the Court to file and enter this, their petition of record, and there- upon to appoint six disinterested and judicious men, resident in said county, to view said route and examine the same, and make report of their proceedings at the subsequent term of this Court, according to the provisions of the Act of Assembly in such case made and provided. And they will, &c. John Gregg, George Wills. (Affidavit of truth of petition to be appended.) RAILROADS. 641 7. Order to Viewers. P. 846, pi. 49, p. 84S, pi. 65. 5 May 1832, P. L. 501. 28 Maroh 1840, P. L. 196. At a Court of Common Pleas held in West Ches- pq , -, ter in and for the County of Chester, on the twenty- sixth day of April, a. d. one thousand eight hundred and fifty-six, before the Honorable Townsend Haines, President, and his Associates, Judges present : The petition of John Gregg and George Wills was presented, setting forth that they are the owners of certain limestone quarries and lime-kilns, on a lot or piece of land in East White- land Township in said County of Chester, adjoining lands of Wilson Rea and others, and being in the vicinity of the Chester Valley Railroad, not more than three miles therefrom, and that they have surveyed and marked a route over the lands inter- vening between said quarries and kilns, to the said Chester Valley Railroad, as follows, viz. : beginning (set out courses and distances), and that the petitioners desire to be allowed to con- struct a railroad of the width of twenty feet in and upon said route ; — and praying the Court to appoint six disinterested and judicious men, resident in said county, to view said route, examine the same and make report of their proceedings at the subsequent term of said Court : Whereupon the Court appoint William Boyd, John Ryan, Enoch Brown, George Edwards, James Stuart, and Robert Orr, six disinterested and judicious men, resident in said county, ■who shall view the said marked and proposed route for the rail- road aforesaid, and examine the same, and if they or any four of them shall deem such railroad necessary and useful for pub- lic or private purposes, they shall report in writing at the subsequent term of this Court, what damages will be sustained by the said Wilson Rea, Amos Rhoads, Robert Rex and the other owners of lands, over which said route may pass, to the petitioners unknown, by the opening, constructing, completing and using the said railroad : And in case the parties interested cannot agree upon the mode, manner or point of connection 41 642 RAILROADS. with said Chester Valley Railroad, the said six men shall deter- mine the same and make report thereof as aforesaid. By the Court. James Davis, Prothonotary. 8. Notice of Time of Viewing. p. 847, pi. 52. 5 May 1832, P. L. 502. To Wilson Rea : Please to take notice, that the Court of Common Pleas of Chester county have appointed viewers to view and examine a route for a railroad from the limestone quarries and lime-kilns of the undersigned, in East Whiteland Township, over lands of yourself and others, to the Chester Valley Railroad, and that said viewers will view the premises owned by you, over which the route of the contemplated railroad shall pass, on the thir- tieth day of May, A. D. 1856, at ten o'clock A. M. John Gregg, April 27, 1856. George Wills. 9. Notice in Newspaper. p. 847, pi. 52. 5 May 1832, P. L. 502. To all persons whom it may concern : Notice is hereby given that the Court of Common Pleas of Chester County have appointed viewers to view and examine the route of a railroad from the limestone quarries of the under- signed, in East Whiteland Township, Chester County, to the Chester Valley Railroad in the same township, at a point sixty feet west from the warehouse of Robert Rex ; that the said road will pass over a certain tract of land in the same township, bounded on the north by lands of William Rea, on the south by lands of Amos Rhoads, on the east by lands of George Gaines, and on the west by lands of Richard Todd, the owners of said tract of land being to the petitioners for said railroad unknown, and that RAILROADS. 643 the viewers will view said tract of land, on the thirtieth day of May, A. D. 1856, at ten o'clock A. M. John Gregg, April 27, 1856. George Wills. 10. Report of Viewers. p. 846, pL 49. 5 May 1832, P. L. 501. To the Honorahle, the Judges of the Court of Common Pleas of Chester County : The undersigned, viewers appointed by the annexed order, for the purposes therein specified, Respectfully report. That having been first duly sworn (or afiirmed), they did, on the thirtieth day of May, a. d. 1856, view the marked and pro- posed route for a railroad in said order specified, and examine the same, and that they deem such railroad, as set forth in said order, and of the width therein specified, necessary and useful for public purposes ; and having taken into consideration the advantages which may be derived by the several oAvners of the land passed over by said railroad, are of opinion that the damages to be sustained by the said owners by the opening, constructing, completing and using said railroad, will be as fol- lows, viz. : By the said William Rea two hundred dollars, by the said Amos Rhoads one hundred dollars, and by the owners of the tract of land within mentioned, who are unknown, two hundred dollars ; and they assess the said sums for damages to the said owners respectively. And they further report, that no damage will be sustained by the said Robert Rex. All which is respectfully submitted. William Boyd, John Ryan, Enoch Brown, George Edwards, James Stuart, June 1, 1856. (a) Robert Orr. (a) See Reitenhuiujh v. Cliester Valley Railroad, 9 Harris 100. 644 EAILKOADS. 11. Report of Viewers fixing Point of Connection. p. 848, pi.. 64. 28 March 1840, P. L. 196. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The undersigned, viewers appointed by the annexed order, for the purposes therein mentioned. Respectfully report, That having been first duly sworn and affirmed, they did, on the thirtieth day of May, A. D. 1856, view the route marked and proposed for a railroad, as in said order specified, and examined the same ; and the parties disagreeing as to the point of con- nection, the said viewers determined the same should be at a point fifty feet west from the warehouse of said Robert Rex, and with this alteration in the point of connection, they deem the said railroad, according to the within-specified route and width, necessary and useful for public purposes. The said viewers further report, that having taken into consideration the advantages which may be derived by the several owners of the land passed over by the said railroad, they are of opinion that the damages to be sustained by the said owners by the opening, constructing, completing and using said railroad, will be as fol- lows, viz. : By the said William Rea, two hundred dollars, by the owners of the tract of land within mentioned, who are un- known, two hundred dollars ; and they assess said sums for damages to the said owners respectively, and that no damage will be sustained by the said Robert Rex. All which is respectfully submitted. William Boyd, John Ryan, Enoch Brown, George Edwards, James Stuart, June 1, a. d. 1856. Robert Orr. RAILROADS. 645 12. Appeal of Landowner. p. 846, pi. 49. 5 May 1832, P. L. 501. In the Matter of the petition of John Gregg and George Wills, for a railroad from their lime and stone quarries in East Whiteland Township to the Chester Valley Railroad. 1856, June 14. Robert Rex appeals from the report of the viewers to the Court of Common Pleas of Chester County. Robert Rex. 13. Order for Issue. P. 846, pi. 49. 5 May 1832, P. L. 501. Whereupon, June 16, 1856, the Court direct a feigned issue shall he framed in the above appeal upon a wager in the usual form, in which the said John Gregg and George Wills shall be plaintiifs and the said Robert Rex shall be defendant, to deter- mine whether the said railroad is necessary and useful for public or private purposes, and if they find for the plaintiffs, the jury shall find whether said railroad is necessary for public or private purposes, and shall also assess the damages, if any, which will be sustained by the defendant by the opening, con- structing, completing and using the said railroad. 14. Declaration in Feigned Issue. p. 846, pi. 49. 5 May 1832, P. L. 601. In the Court of Common Pleas of Chester County, of July Term, 1856. No. 47. Chester county, ss. John Gregg and George Wills, by William Marshall their attorney, complain of Robert Rex ; for that whereas heretofore, to wit, on the thirteenth day of June, in the year of our Lord one thousand eight hundred and fifty-six, at the county aforesaid 646 RAILROADS. and before the making of the promise and undertaking of the said defendant heretofore mentioned, to "wit, on the day and year aforesaid, at the county aforesaid, a certain discourse "was had and moved by and between the plaintiffs and defendant, ■wherein a certain question then and there arose, that is to say, •whether a certain raih'oad lately marked and proposed from the limestone quarries of the plaintiffs in East Whiteland Town- ship to the Chester Valley Railroad, on lands of the said Robert Rex, was necessary and useful for public or private purposes, and in that discourse the plaintiffs then and there affirmed, that the said railroad was useful and necessary for public purposes, which affirmation the defendant then and there denied and asserted the contrary thereof; and thereupon afterwards, to wit, on the day and year aforesaid, at the county aforesaid, in consideration that the plaintiffs, at the special instance 'and request of the defendant, had then and there paid the defend- ant the sum of one hundred dollars, lawful money of the United States, he, the defendant, undertook and then and there pro- mised the plaintiffs to pay them the sum of two hundred dollars of like lawful money, if the said railroad was necessary and useful for public purposes, whereof the defendant, on the day and year aforesaid, at the county aforesaid, had notice ; and the plaintiffs aver, that the said railroad is useful and necessary for public purposes, whereby he, the defendant, then and there became liable to pay, and ought to have paid to the plaintiffs the said sum of two hundred dollars when he should be re- quested so to do : And being so liable, the defendant in con- sideration thereof undertook, and then and there faithfully promised the plaintiffs to pay them the said sum of money when he should be thereunto afterwards requested : And whereas also afterwards, to wit, on the day and year aforesaid, at the county aforesaid, a certain other discourse was then and there had and moved by and between the plaintiffs and defendant, in which a certain question then and there arose, that is to say, whether the defendant will sustain damages by the opening, constructing, completing and using the said railroad in the first count mentioned, and in that discourse the plaintiffs then and there affirmed that the defendant will sustain no damage by the opening, constructing, completing and using said RAILROADS. 647 railroad, and the defendant asserted to the contrary thereof, and thereupon afterwards, to wit, on the day and year aforesaid, at the county aforesaid, in consideration that the plaintiffs, at the special instance and request of the defendant, had then and there paid the defendant the sum of one hundred dollars, law- ful money of the United States, he, the defendant, undertook and then and there promised the plaintiff to pay them the sum of two hundred dollars of like lawful money, if he, the defendant, will sustain no damage by the opening, constructing, complet- ing and using said railroad ; and the plaintiffs aver that the de- fendant will sustain no damage by the opening, constructing, completing and using said railroad, whereby the defendant then and there became liable to pay and ought to have paid the plaintiffs the said sum of two hundred dollars when he should be requested so to do : And being so liable the defendant, in con- sideration thereof, undertook and then and there faithfully pro- mised to pay the plaintiffs the said sum of money when he should be thereunto afterwards requested ; yet the defendant, not re- garding his promise and undertaking, has not as yet paid the said sums of money in this declaration mentioned, or either of them or any part thereof to the plaintiffs, although often requested, but the same or any part thereof to pay has hitherto wholly neglected and refused, and still does neglect and refuse, to the plaintiffs' damage five hundred dollars, and therefore they bring suit, &c.(a) William Marshall, For Plaintiffs. And the defendant, by Abel White his attorney, comes and defends the wrong and injury, when, &c., and says, that the plaintiffs ought not to have or maintain their aforesaid action thereof against him, the defendant, because he says, as to the first count of the plaintiff's declaration, that although true it is that the said discourse in said count mentioned was had and moved by and between the plaintiffs and defendant, wherein the said question did arise as aforesaid, and that he, the defendant, did undertake and promise in manner and form as the plaintiffs have above in that behalf alleged : Nevertheless, for a plea (a) See Muklciibery v. Brock, 1 Casey 517. 648 RAILROADS. in this behalf, the defendant says, that the said railroad was not nor is useful and necessary for public or private purposes in manner and form as the plaintiffs have above in that behalf alleged, and of this the defendant puts himself upon the country. And because, he says, as to the second count of the said declaration, that although true it is, that the discourse in said count mentioned was had and moved by and between the plain- tiffs and defendant, wherein the said question did arise as afore- said, and he, the defendant, did undertake and promise in manner and form as the plaintiffs have alleged: Nevertheless, for a plea in this behalf, the defendant says, that he will sustain damages by the opening, constructing, completing and using said railroad, and of this the defendant puts himself on the country. Abel White, For Defendant. Similiter. And the said plaintiffs, as to the pleas of the defendant above pleaded, whereof the defendant has put himself on the country, do the like. "William Marshall, For Plaintiffs. 15. Verdict. And now, August 10, A. D. 1846, a jury being called, elected by ballot, sworn and affirmed, viz. : Seth Jones, &c., who (Au- gust 12), do say, that they find for the plaintiffs on the first count in the declaration, and that the said railroad is necessary for public purposes ; and that they find for the defendant on the second count of the declaration, and assess the damages which will be sustained by the defendant, by the opening, con- structing, completing and using said road, at the sum of one hundred dollars. RAILROADS. 649 16. Declaration of Abandonment. p. 846, pi. 50. 6 May 1832, P. L. 601 In the Matter op the Peti- tion OF John Gregg and George Wills for a Rail- road, from their Limestone In the Court of Common Pleas of Chester County. Quarries in East Whiteland } Petition filed, April 26, 1856. See Appearance. Docket No. 2, page 42. Township to the Chester Val- ley Railroad, on land of Rob- ert Rex, in the same Town- ship. And now, August 20, 1856, John Gregg and George Wills, the said petitioners, abandon the further prosecution of the said railroad, and file this their declaration of their intent thereof. John Gregg, George Wills. 17. Agreement to nelect Men to value Materials. p. 847, pL 54. 5 May 1832, P. L. 603. Whereas, John Gregg and George Wills, being petitioners for and proprietors of a railroad, from their limestone quarries in East Whiteland Township to the Chester Valley Railroad, on land of Robert Rex, in the same township, are desirous to use in the construction of said road and its bridges, certain stone on the land of Amos Rhoads, near to said railroad ; and whereas, the said John Gregg and George Wills and the said Amos Rhoads not being able to agree on the rate of compensation for said stone ; — the said John Gregg and George Wills have chosen William Boyd, and the said Amos Rhoads has chosen John Ryan, for the purpose aforesaid, wlio in case they cannot agree, shall choose an umpire, and said men shall, under oath or affirma- tion, fairly and impartially estimate the rate of compensation 650 RAILROADS. for said stone, and make out their award in writing. Witness the hands of the said parties to this agreement. John Gregg, George Wills, June 30, 1856. Amos Rhoads. 18. Appointment of Umpire. p. 847, pi. 54. 5 May 1832, P. L. 503. We, William Boyd and John Ryan, chosen by the parties to the annexed agreement, having been duly sworn as is therein directed, and not being able to agree, do, by virtue of the authority therein given, choose Enoch Brown umpire for the purposes in said agreement mentioned. Witness our hands, the sixth day of July, A. D. one thousand eight hundred and fifty-six. William Boyd, John Ryan. We, William Boyd and John Ryan, the men in the annexed agreement named, and Enoch Brown appointed umpire as within mentioned, having been severally and duly sworn and affirmed, impartially to estimate the rate of compensation to be paid for the stone which the said John Gregg and George Wills shall take from the land of the said Amos Rhoads, to be used in the construction of the road in the said agreement mentioned, and having faithfully and impartially estimated the same, do award that the said John Gregg and George Wills shall pay to the said Amos Rhoads at the rate of fifty cents, as compensation, for every perch of said stone to be taken from the land of the said Amos Rhoads, and to be used in the construction of said road. Witness our hands, the tenth day of September, A. D. one thousand eight hundred and fifty-six. William Boyd, John Ryan, Enoch Brown. RAILROADS. 651 19. Petition for Appraisers of Materials of Persons out of State, ^c. P. 847, pi. 54. 5 May 1832, P. L. 503. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of John Gregg and George Wills, Respectfully represents, That they are petitioners for and proprietors of a railroad, from their limestone quarries in East Whiteland Township in said county to the Chester Valley Railroad, on land of Robert Rex in the same township, and are desirous to use in the con- struction of said road, certain stone on the land of Job Lewis near said railroad, and that the said Job Lewis is out of the state. The petitioners therefore pray the Court to appoint three im- partial men, fairly and impartially to estimate the said materials. And they will, &c. John Gregg, June 26, 1856. George Wills. (Affidavit of truth of petition to be appended.) 20. Order to the Appraisers. p. 847, pi. 64. 5 May 1832, P. L. 503. At a Court of Common Pleas held at West Chester, for the County of Chester, the thirtieth day of July, A. D. one thousand eight hundred and fifty-six, before the Hon. Townsend Haines, President, and his Associates, Judges present. The Court appoint William Boyd, John Ryan and Enoch Brown, who being first duly sworn or affirmed, are fairly and impartially to estimate the value of the stone designed to be taken by John Gregg and George Wills from the land of Job Lewis, and used by them in the construction of their railroad, from their limestone quarries in East Whiteland Township, to the Chester Valley Railroad on lands of Robert Rex, in the 652 RAILROADS. same township, and make return of the proceedings herein to the said Judges. By the Court. James Davis, [Seal.] Prothonotary. 21. Award. p. 847, pi. 54. 5 May 1832, P. L. 503. We, the undersigned, appointed by the annexed order of the Court, having been duly sworn, as is in said order directed, and having fairly and impartially estimated said stone, Do award, that the said John Gregg and George Wills shall pay to the said Job Lewis, at the rate of twenty cents, as compensation, for each perch of said stone to be taken from the land of the said Job Lewis, and to be used by them as aforesaid. Witness our hands, the tenth day of July, A. D. one thousand eight hun- dred and fifty-six. William Boyd, John Ryax, Enoch Brown. 22. Petition for use of Landing.{a) p. 849, pi. 67. 24 April 1843, P. L. 361. To the Honorable, the Judges of the Court of Common Pleas of Montgomery County : The petition of John Gregg and George Wills, Respectfully represents, That Richard Wallace is the owner of a landing on the river Schuylkill at the termination of the Chester Valley Rail- road, and that in accordance with the provisions of the Act of Assembly in such case made and provided, the petitioners have constructed a lateral railroad to connect with said Ches- ter Valley Railroad, for the purpose of conveying limestone and lime to the said navigation. The petitioners further (of) See Horner S; Roberts's Lateral Railroad, 1 "Wright 333. RAILROADS. 653 represent, that they have tendered to the said Richard Wallace, and are ready to pay him, suitable compensation for the use of said landing, but that he refuses to permit the trade of said lateral railroad to make use of said landing. The petitioners therefore pray the Court to direct the Sheriff of said County of Montgomery, to summon a jury of five dis- interested men of said county to examine the premises, and to do such other matters and things in this behalf as are directed by the Act of Assembly in such case made and provided. And they will, &c. John Gregg, George Wills. Montgomery county, ss. John Gregg and George Wills being duly sworn say, that the statements in the foregoing petition are true to the best of their knowledge and belief. Sworn and subscribed, June 30, 1856, before the undersigned, a Justice of the Peace of said county. Eli John. John Gregg, George Wills. 23. Order to Sheriff. p. 849, pL 67. 24 April 1843, P. L. 361. Montgomery county, ss. The Commonwealth of Pennsylvania to the Sheriff of said county ; Greeting : — Whereas, John Gregg and George Wills have represented to the Judges of the Court of Common Pleas of said county, that they have constructed a lateral railroad to connect with the Chester Valley Railroad, for the purpose of conveying lime- stone and lime to the river Schuylkill, and that Richard Wal- lace, being the owner of a landing at the termination of said Chester Valley Railroad, on said river in said county, has re- fused to permit the trade of the said lateral railroad to make use of said landing : These are therefore to command you, the 654; RAILROADS. said Sheriff, to summon a jury of five disinterested men from said county, who after being duly sworn or affirmed, shall ex- amine the premises, and if they shall find that the said landing is of sufficient capacity to accommodate the trade of the said lateral railroad, in addition to the trade of the said Chester Valley Railroad, they shall mark off a portion of the land to be allotted to said lateral railroad, and fix upon a compensation suitable therefor, either in fee simple, or as an annual rent, or a price per ton, for the use of the same land, and make return thereof to this Court. Witness the Honorable Daniel Smyser, President Judge of said Court, at Norristown, the second day of July, a, d. one thousand eight hundred and fifty- six. Wilson Jones, Prothonotary. 24. Return of the Sheriff. To the Honorable, the Judges within named : I, Isaac Bird, the within-named Sheriff, Do respectfully re- port and return, that in pursuance of the within order, I did on the fourth day of July instant, summon William Boyd, John Ryan, Enoch Brown, James Stuart and Robert Orr, five disinterested men of said county, to examine said premises on the eighteenth day of the same month, and to perform the duties in said order mentioned. So answers, Isaac Bird, Sheriff. July 26, 1856. 25. Report of Jury on Landing. p. 849, pi. 67. 24 April 1843, P. L. 361. To the Honorable, the Judges within named : The undersigned Jury, summoned in pursuance of the annexed RAILROADS. 655 order, Respectfully report and return : That in pursuance of said order and summons, on the eighteenth day of July instant, after due notice to the respective parties, and having been first duly sworn and affirmed, we examined the premises in said order mentioned, and find that the said landing is of sufficient capa- city to accommodate the trade of the said lateral railroad, in addition to the trade of the said Chester Valley Railroad, and have marked off a portion of the land of said Richard Wallace to be allotted to the trade of the said lateral railroad, as fol- lows, viz. : beginning at a point on the easternmost line of said landing (set out courses and distances), a plot or draft whereof is hereto annexed ; and as a compensation suitable therefor, we do fix the annual rent of two hundred dollars, to be paid by the said John Gregg and George Wills to the said Richard Wallace. All which is respectfully submitted. William Boyd, John Ryan, Enoch Brown, James Stuart, August 15, 1856. Robert Orr. 26. Decree of Court as to Landing. p. 849, pi. 67. 24 April 1843, P. L. 361. In the Matter of the application of John Gregg and George Wills, for a landing on the premises of Richard Wallace, at the termination of the Chester Valley Railroad, at the Schuylkill River. And now, August 19, 1856, The report of the jury in this matter is approved by the Court, and the Court direct that the said landing be opened to the use of the public, upon the pay- ment by the said John Gregg and George Wills, of the rent assessed by the jury. (Proceedings on appeal as in Lateral Railroads. Ante, p. 645.) 656 RAILROADS. CANALS AND RAILROADS. 27. Petition for Jury to assess Railroad Damages. p. 838, pi. 12, p. 839, pi. 13. 19 February 1849, P. L. 8.3, 84. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of the Chester Valley Railroad Company, Re- spectfully represents, That the petitioners have surveyed, ascertained, located, fixed, marked and determined a route for a railroad, in pursuance of their Act of Incorporation, and that they are desirous to enter upon the lands of Harman Bond, in the Township of East Whiteland in said county, through -which said route passes, and to establish and construct thereon a railroad with one track on the same ; that they have applied to the said Harman Bond, and have endeavored to agree with him for the compensation proper for the damage done or likely to be done to or sustained by him, by reason of the petitioners entering upon the said lands and constructing said railroad, and that after such appli- cation and endeavor, the said petitioners cannot agree with the said Harman Bond, for the compensation proper for the damage aforesaid : The petitioners therefore pray the Court to appoint seven discreet and disinterested freeholders of said county to meet upon the premises of the said Harman Bond, where said route passes through the same, and to view said premises, estimate and determine the quantity, quality and value of the land so to be taken or occupied as aforesaid, and estimate and determine in the manner directed by the Act of Assembly in such case made and provided, whether any, and if any, what damages have been or may be sustained, and to whom payable, and make report thereof to this Court. («) And they will, &c. On behalf of the Chester Valley Railroad Company. William Morris, July 26, 1856. President. (a') Zack v. Pennsylvania Railroad Company, 1 Casey 394; O'Harav. Same, Id. 445. RAILROADS. 657 Chester county, ss. William Morris, President of the Chester Valley Railroad Company, being duly sworn says, that the statements in the foregoing petition are true, that by the authority and on behalf of said Company, he applied to the said Harman Bond, and endeavored to agree with him for the compensation proper for the damages mentioned in the foregoing petition, and that he could not agree with said Ilarman Bond, and further saith not. William Morris. Sworn and subscribed, July 26, A. D. 1856, before the subscri- ber, a Justice of the Peace of said County. John Newlin. And now, July 27, 1856, The foregoing petition was read and filed, and the Court fix the second Monday in September next, at ten o'clock A. M., at the Court House in the borough of West Chester, for the appointment of the viewers prayed for, and direct that ten days' notice thereof be given to the said Harman Bond. (a) 28. Notice to Land Owner of Choosing Viewers. To Harman Bond : — Please to take notice, that the Chester Valley P^ailroad Company have applied to the Court of Common Pleas of Ches- ter County, for the appointment of viewers to assess the damages, if any, which you may sustain by reason of the construction of their railroad through your lands, and said Court has fixed the second Monday in September next, at ten o'clock a. m., at the Court House in the borough of West Chester, for the ap- (a) See Reitenbaugh v. Chester Valley Railroad, 9 Harris 100. 42 658 RAILROADS. pointment of said viewers, "when and where you may attend if you think proper. William Morris, President. July 27, 1856. 29. Order to Viewers, P. 838, pi. 12. p. 839, pi. 13. 19 February 1849, P. L. 83, 84, Chester county, ss. At a Court of Common Pleas held and kept at [Seal.] West Chester for the County of Chester, on the tenth day of September, in the year of our Lord one thousand eight hundred and fifty-six, before the Honorable Townsend Haines, President, and his Associates, Justices pre- sent : t The petition of the Chester Valley Railroad Company was presented, setting forth that they had located and determined a route for a railroad in pursuance of their Act of Incorporation, and that they are desirous to enter upon the lands of Harman Bond, in the township of East Whiteland in said county, through which lands said route passes, and to establish and construct a rail- road with one track on the same, and praying the court to ap- point seven discreet and disinterested freeholders to assess the damages done or likely to be done or sustained by the said Har- man Bond, by reason of the premises : Whereupon the court appoint William Boyd, John Ryan, Enoch Brown, George Edwards, James Stuart, Robert Orr and John Dunn, seven discreet and disinterested freeholders of said county, who are to meet on the lands of the said Harman Bond, on the fifth day of October next, at the place where said route is located through the same, and the said freeholders or any five of them, having been first duly sworn and afiirmed, faithfully, justly and impartially to decide and a true report to make con- cerning all matters and things to be submitted to them in rela- tion to which they are authorized to inquire, in pursuance of the RAILROADS. 659 Act of Assembly in this behalf made and provided, and having viewed the premises, shall estimate and determine the quantity, quality and value of said lands so to be taken and occupied, and having a due regard to and making just allowance for the advantages which may have resulted or may seem likely to result to the said Harman Bond, in consequence of the making and opening of said railroad, and of the construction of works connected therewith, and having made a fair and just compari- son of said advantages and disadvantages, the said freeholders shall estimate and determine whether any, and if any, what amount of damages has been or may be sustained by reason of the premises, and to whom payable, and make report thereof to this Court : And the Court order that the petitioners shall give at least ten days' notice to the said viewers, and to the said Harman Bond, of the time and place of meeting for the purpose afore- said ; and in the notice to the said Harman Bond shall desig- nate the time when the said viewers will meet on the premises : And the Court further order that said notice to the said Har- man Bond with proof of the service thereof, shall be filed with said viewers and returned with their report. By the Court. James Davis, Prothonotary. 30. Report of Viewers on Damages. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The undersigned, appointed by the annexed order, viewers, for the purposes therein mentioned. Respectfully report, That in pursuance of said order, they met, on the fifth day of September instant, on the lands of the said Harman Bond, where the route of said railroad passes through the same, and having been duly sworn and affirmed, as is therein directed (proof of due notice to the said Harman Bond of the time and -660 RAILROADS. place of the meeting of the viewers having been filed with the viewers, and the said Harman Bond being present, or, — as the case may be), and having viewed the said premises, they esti- mate and determine as follows, viz. : that there will be taken and occupied of the land of the said Harman Bond, for the constructing and establishment of said railroad, sixty-six feet in width for a distance of fifty perches, as marked on the accompanying plot or draft, — and the quantity of the land so taken is one acre and a quarter, — that the same is farm land, cleared and cultivated and of good quality, and of the value of one hundred dollars per acre, being altogether of the value of one hundred and twenty-five dollars ; the said viewers further report, that having had a due regard to and making a just allowance for the advantages which have resulted or which seem likely to result to the said Harman Bond in consequence of the making and opening said railroad, and of the construc- tion of works connected therewith, and after having made a fair and just comparison of said advantages and disadvantages, they estimate and determine that the said Harman Bond has sustained damages including the taking and occupying of his land as above stated, to the amount of one thousand dollars, and report that the said sum of one thousand dollars for such damages be paid to him, the said Harman Bond, by the said The Chester Valley Railroad Company. (a) All which is respectfully submitted, the fifth day of Septem- ber, A. D. one thousand eight hundred and fifty-six. William Boyd, &c., &c. 31. Bond for Payment of Damages. p. 838, pL 12. 19 February 1849, P. L. S3. Know all men by these presents, that the Chester Valley Railroad Company, — John Rea and George Rex, both of the Township of Penn, in the County of Chester and State of Penn- («) Zack V. Penn, Railroad Co.,, 1 Casey 396 ; Tucker v. Erie Railroad Co., 3 Id. 283. RAILROADS. 661 sylvania, are held and firmly bound unto Harman Bond, of the Township of East Whiteland, in the county and state aforesaid, the sum of two thousand dollars, lawful money of the United States, to be paid to the said Ilarman Bond, his certain attor- ney, executors, administrators and assigns, to which payment well and truly to be made, the said The Chester Valley Rail- road Company, John Bea and George Rex, bind themselves, their successors, heirs, executors and administrators, jointly and severally, firmly by these presents : Sealed with their seals, dated the first day of September, in the year of our Lord one thousand eight hundred and fifty-six. Whereas the said The Chester Valley Railroad Company have located and determined a route for a railroad in pursu- ance of their Act of Incorporation, and are desirous to enter upon lands of said Harman Bond, in the Township of East Whiteland in said county, through which said route passes, and to establish and construct thereon a railroad with one track : Now the condition of this obligation is such, that if the said The Chester Valley Railroad Company will pay or cause to be paid to the said Harman Bond, his certain attorney, execu- tors, administrators or assigns, such amount of damages as he shall be entitled to receive, for the entering by the said com- pany upon the said lands, and establishing and constructing a railroad thereon, after said damages shall have been agreed upon by the parties, or assessed in the manner provided by law, then this obligation to be void, or else remain in full force and virtue. c 1 T 111. 1-1 William Morris, bealed and delivered in | -r. • i rresident. the presence of Thomas Gross, James Ross. [Seal of R. R. Co.] John Rea, [l. s.] George Rex. [l. s.] 662 RAILROADS. 32. Notice of Filing Bond. p. 839, pi. 15. 9 April IS56, P. L. 288. To Harman Bond : Sir, — Please to take notice, that the Chester Yalley Railroad Company will, on the 24th day of October next, present to the Court of Common Pleas of Chester County for filing therein, the bond of the said Company, dated September 1st, 1856, with John Rea and George Rex as sureties, in the sum of two thousand dollars, conditioned for the payment to you of such amount of damages as you may be entitled to receive for the entering of said company upon your lands, and establishing and con- structing a railroad thereon, which bond has been tendered to and refused by you. William Morris, President of Chester Valley Railroad Company. September 10, 1856. 33. Petition of Company to approve Bond. p. 839, pi. 15. 9 April 1856, P. L. 288. To the Honorable, the Judges of the Court of Common Pleas of Chester County: The petition of the Chester Yalley Railroad Company, Re- spectfully represents. That the said petitioners have located and determined a route for a railroad, in pursuance of their Act of Incorporation, and that they are desirous to enter upon lands of Harman Bond, through which said route passes, in the Township of East White- land in said county, to establish and construct on said land a rail- road with one track ; that in pursuance of the Act of Assembly in such case made and provided, they did on the second day of September last past, tender to the said Harman Bond a bond in the sum of two thousand dollars, with John Rea and George Rex as sureties, conditioned for the payment by the petitioners RAILROADS. 663 to tlie said Harman Bond, of such amount of damages as lie shall be entitled to receive, for the entering by the said Com- pany upon said lands, and establishing and constructing a rail- road thereon, after said damages shall have been agreed on by the parties, or assessed according to law ; that said Harman Bond has refused said bond ; the petitioners, therefore, here- with present said bond to the Court, and pray that the same with the sureties may be approved, and said bond may be filed in this Court for the benefit of the said Harman Bond. jAnd they will, &c. William Morris, President Of Chester Valley Railroad Company. October 24, 1856. Chester county, ss. William Morris, President of the Chester Valley Railroad Company, being sworn in due form of law, says, that the state- ments in the foregoing petition, are true as he verily believes ; and that the foregoing petition is presented by order of the said Company. Sworn and subscribed, October >. William Morris. 24, 1856, in open Court. I James Davis, i Prothonotary. And now, October 24, 1826, upon the petition of the Chester Valley Railroad Company being read, and it appearing to the Court that due notice of presenting the same has been given to Harman Bond therein named, the Court, upon due considera- tion, do approve of the said bond and sureties, and direct that the said bond shall be filed for the benefit of the said Harman Bond. 664 RAILROADS. 34. Appeal from Assessment of Damages. p. 839, pi. 14. 27 April 1855, P. L. 365. Harman Bond "^ In the Court of Common Pleas of V. ! Chester County. The Chester Valley [ Upon Report of Jury Assessing Railroad Company, j Damages. May 1, 1860. Harman Bond, the above-named plaintiff, being aggrieved by the report of the jurors assessing damages for him against the defendants in the above case, appeals from the same to the Court of Common Pleas of Chester County. Harman Bo:nd. Chester county, ss. Harman Bond, the above-named appellant, being duly sworn, says, that it is not for delay that the above appeal is entered, but because he firmly believes injustice has been done. (a) Sworn and subscribed, May \ Harman Bond. 1, 1860, before V John Graves, J. P. J Harman Bond V. 35. Order for Issue on Appeal. p. 840, pL 16. 9 April 1856, P. L. 289. "^ In the Court of Common Pleas of Chester County. ^ ^ "" ,. I Of May Term, 1860. No. 10. The Chester valley _^ , . ,. -r^ T, n Lpon the Assessment oi Damages Railroad COxMpany. ^^ ^t tv i j ior Harman Bond. And now, May 2, 1860, on motion of Job Mann, of counsel with the plaintiff, the Court direct that the above cause be put at issue, as in an action of trespass quare clausum fregit, in which the plaintiff shall declare as in such action, and the defendant plead the general issue. (6) (a) There is no special requisition in the Act requiring an affiJ.ivit : but in analogy to other cases of appeal, it is supposed to be the usual as it is the safer practice. (6) If it is deemed better to frame a feigned issue, the forms given for issue as to Lateral Railroads {ante, 645) may be used, mutatis inutandis. REAL ESTATE. 6G5 36. Removal of Suit to another County, — Affidavit. p. 842, pi. 29. 14 April 1834, P. L. 395. Henry James ^ t ^-l n <. c n -r>^ e I in the Court ot (Jommon i'leas ot v ( ^ ^ * __. y Chester County. The Chester Valley ^f r\ 4. t. rn -lorr xr ia I Of October Term, 1856. No. 40. Railroad Company. -" The Prothonotai-y will certify the record in the above suit, for removal by the defendant to the Court of Common Pleas of Berks County, to be proceeded in in said Court, according to the Act of Assembly in such case made and provided. William Marshall, For Defendant. October 20, 1856. Chester county, ss. William Morris, President of the Chester Valley Railroad Company, being duly sworn, says, that the removal of the above suit is not made for the purpose of delay, but because he firmly believes a fair and impartial trial cannot be had in the said County of Chester. Sworn and subscribed, in open ^ William Morris. Court, October 20, 1856. I James Davis, ( Prothonotary. REAL ESTATE. 1. Petition for Sale to bar JExecutorj/ Devise. P. 851, pi. 1. p. 852, pi. 6. 18 April 1853, P. L. 503, 605. In the Estate op John "I In the Orphans' Court of Chester Gregg, deceased. / County. To the Honorable, the Judges of the Orphans' Court of said County of Chester : The petition of James Wills, Executor of the last \y\\\ and testament of John Gregg, late of the Township of Penn in said county, Respectfully represents, 66Q REAL ESTATE. That the said John Gregg died on or about the first day of ^lay last, seised in his demesne as of fee, of and in (describe real estate), and having made his last will and testament in writing, dated the first day of June, in the year of our Lord one thousand eight hundred and fifty, since his death duly proved, the tenth day of the month of May aforesaid, and remaining on file in the Register's Office of said county : That by his said will he did, amongst other things, devise the above- mentioned real estate to his son James Gres'cr for life, and in case the said James Gresrc: should die in the lifetime of Charles DO Gregg, that the said real estate should go at the deatb of tbe said James Gregg as aforesaid to the said Charles Gregg and bis heirs for ever, and of the said will appointed the petitioner the Executor, and that he has taken upon himself the burden of the execution thereof; that the said real estate is not pro- ductive, but is so situated that in the opinion of the petitioner it will sell for a sum of money, the interest of which will be much greater than any annual income from the rents and profits of said real estate (or as the case may be, — set out the facts to inform the Court of propriety of sale), and that it is therefore greatly to the interest and advantage of the said James Gregg, and all other persons interested in said real estate, that the same should be sold. And the petitioner having set forth an explanation of the title of the said Charles Gregg, and showing to the Court that it is his purpose to defeat his contingent remainder therein, prays the Court to make a decree for the sale of the said real estate. And he will, &c. James Wills. (Affidavit of truth of petition to be appended.) 2, Assent of Parti/. p. 851, pi. 3. 18 April 1853, P. L. 504. To the Honorable, the Judges of the Orphans' Court of Chester County : I, James Gregg, mentioned in the foregoing petition of James Wills, and interested in the real estate therein mentioned, do REAL ESTATE. 667 certify to the Court that I have had notice of said application, and believing it to be to the interest and advantage of those interested therein, that the same should be sold, join in the prayer of the said petition that this Court would decree a sale of said real estate. James Gregg. Chester county, ss. Seth Jones and Abel Lea, being severally duly sworn accord- ing to law, say, that they are well acquainted with the real estate late of John Gregg, deceased, mentioned and described in the foregoing petition, and are of opinion that the same will bring at a cash sale, not more than five thousand dollars, and that they are not interested in said estate. Sworn and subscribed. May 1, ^ 1860, before I ^^^^ J°^^^' T I. r< T -n I Abel Lea. John Graves, J. r. j 3. Petition to let Estate of Lunatic on Ground-rent, and divide, ^c. p. 851, pi. 1, &c. 18 April 1853, P. L. 503. In the Estate of John "I In the Court of Common Pleas of Gregg, a Lunatic. J Chester County. To the Honorable, the Judges of the Court of Common Pleas of Chester County aforesaid : The petition of James Wills, Committee of the person and estate of the above-named John Gregg, Respectfully represents, That the said John Gregg was, on the tenth day of April last, duly found a lunatic by an inquisition under the authority of this Court, and the petitioner was appointed Committee of bis person and estate ; that the next of kin and heirs of the said John Gregg, are Sarah Gregg his wife, and two children, viz., Charles Gregg and James Gregg, the said James Gregg being a minor, and having for his guardian Enoch Rex : That the said John Gregg is seised in fee of the following described real estate, viz. : (describe it), that (set out the facts to inform Court of propriety of sale), it is therefore for the interest and 668 REAL ESTATE. advantage of the said John Grefro- and all others interested therein, that the same should be let upon ground-rent ; and the petitioner further representing to the Court that the said real estate vriW command the greatest rents by being subdivided, and that the premises will admit of laying out streets and alleys, according to a draft or plot of the same hereto annexed, prays the Court to make a decree for the conveying of said real estate according to said subdivision, and for laying out the streets and alleys as in said plot described. And he will, &c. James Wills. (Affidavit of truth of petition to be appended.) 4. Petition to mortgage Estate of Person unheard of for Seven Years. p. Sol, pi. 1, &c. 18 April 1853, P. L. 503. In the Estate of \ In the Court of Common Pleas of Chester John Gregg, j County. To the Honorable, the Judges of the Court of Common Pleas of the County of Chester : The petition of Sarah Gregg, Respectfully represents. That John Gregg above named, left his home in the Township of Penn, in the said County of Chester, on or about the first day of January, in the year of our Lord one thousand eight hundred and fifty-three, for the purpose of going to the City of New York, to sail thence to the City of Liverpool ; that the said John Gregg has been absent and unheard from since that time, although frequent and diligent inquiry has been made for him in the said cities of New York and Liverpool and elsewhere, by advertisement in public newspapers and otherwise (as the facts may be) ; that the persons interested in the estate of the said John Gregg, are your petitioner, his wife and two children James Gregg and Jane Gregg, the latter being a minor above the age of fourteen years ; that the said John Gregg is seised in fee of the following described real estate, viz. (describing REAL ESTATE. 669 it), and that the d^yelling-house and other buildings in said real estate are greatly out of repair ; that the sum of five hundred dollars Avill be necessary to make said repairs and the income of the said estate is not sufficient for that purpose after sup- porting the family of the said John Gregg (set forth the reasons as they may be). The petitioner therefore showing to the Court by the facts herein set forth, that the said John Gregg has been absent and unheard from for seven years, under those circum- stances from which the law would presume his death, and that it is for the interest and advantage of the persons interested therein that the said real estate should be mortg-aged for the purposes aforesaid, prays the Court to decree a mortgage of the same to raise the said sum of five hundred dollars. And she will, &;c. Sarah Gregg. (Affidavit of truth of petition to be appended.) 5. Petition for Private Sale. Pp. 851, 852, pi. 1, Ac. 18 April 1853, P. L. 503. In the Estate of John 1 In the Orphans' Court of Chester Gregg, deceased. j County. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of James Gregg, Respectfully represents. That John Gregg, late of the Township of Penn in said County of Chester, died intestate in the month of January last, seised in his demesne as of fee, as tenant in common with John Robb of an equal undivided moiety or half part of the following described real estate, viz. (describing it), and leaving to survive him his wife Sarah Gregg, and two children, viz., James Gregg the pe- titioner, and Charles Gregg, to whom, according to the intestate laws of this Commonwealth, the said real estate did descend and come ; that the said real estate as now held, is (as the case may be, setting out facts to inform the Court) : The petitioner there- fore showing to the Court, by the facts above stated, that it will be for the interest and advantage of the persons interested therein, -670 REAL ESTATE. that the interest of the said John Gregg should be sold, and also that a better price can be obtained at private sale than at public sale, prays the Court to decree a private sale of the same. And he will, &c. James Gregg. (AflEidavit of truth of petition to be inserted.) Chester county, ss. Job Mann and Seth Jones being duly sworn say, that they are well acquainted with the real estate mentioned in the foregoing petition, and that in their opinion the interest of the said John Gregg therein is Avorth at a cash sale the sum of one thousand dollars ; and that a better price can be obtained therefor at a private than at a public sale, and that they are in nowise inter- ested in said estate. Sworn and subscribed, May 1, ^ Job Mann, 1860, before me > Seth Jones. H. Fleming, J. P. J 6. Order for Citation to Appear, and Appointment of Chiardian. p. 851, pi. 3. 18 April 1853, P. L. 504. In the Orphans' Court of Chester In the Estate of John Gregg, deceased. County. > On the petition of James Wills, Executor, &c., for Sale of Real Estate. And now. May 1, 1860, Upon the petition of James Wills, Executor, &c. of John Gregg, late of the Township of Penn in the said County of Chester, deceased, praying for a decree to sell the real estate of said deceased in said petition described, Charles Gregg, one of the persons interested, voluntarily ap- peared, and by writing filed, prayed the Court to make said decree : Whereupon the Court fix the tenth day of June next for the parties to appear, and direct that a citation be served on all the other parties named in said petition who shall not have appeared, and for the parties in interest who cannot otherwise be served, the Court direct an advertisement of said citation to be published in the "Press," a newspaper published in the REAL ESTATE. 671 City of Philadelphia, and the " Times," a newspaper published in the City of New York, once a week for four successive weeks prior to the tenth day of June next : And it appearing to the Court that Mary Robb, a minor party interested, has no guar- dian, the Court appoint Seth Jones guardian for said minor. 7. Citation to Parties to Appear. P. 851, pi. 3. 18 April 1853, P. L. 504. Chester county, ss. The Commonwealth of Pennsylvania, to Sarah [Seal,] Gregg, widow of John Gregg, late of the Township of Penn, in the said County of Chester, deceased, James Gregg, Jane Robb, intermarried with George Robb, Thomas Gregg, a lunatic, who has for his committee Enoch Rex, Mary Robb, a minor, who has for her guardian Seth Jones : the said James, Jane, Thomas and Mary, being child- ren and heirs-at-law of the said John Gregg ; and to all per- sons interested in the real estate of said deceased ; Greetins : Whereas James Wills, Executor of said deceased, has pre- sented his petition to the Orphans' Court of Chester County, representing to the said Court, that it will be for the interest and advantage of those interested in the following described real estate, late the property of said deceased, viz. (describing it) : that the same should be sold, and the Court has fixed the tenth day of June next at ten o'clock in the forenoon, at the Court House in the Borough of West Chester, for the parties in- terested in the said real estate to appear : These therefore are to warn you and each of you, to appear at the day and place above designated, and you shall be heard : Witness the Honor- able Townsend Haines, President of our said Orphans' Court at West Chester, the first day of May, in the year of our Lord one thousand eight hundred and sixty. George Fisher, Clerk. Chester county, ss. William Lynch being duly sworn says, that he served the within citation on Thomas Gregg therein named, on the tenth -672 REAL ESTATE. day of May last, by leaving a true copy thereof with Enoch Rex, his committee : on Sarah Gregg on the same day, by leav- ing a true copy thereof at her dwelling-house with an adult member of her family : on Jane Robb on the same day, by giving a true copy thereof to George Robb, her husband, and on Mary Robb on the fifth day of the same month of May, by giving a true copy thereof to her guardian, Enoch Rex, and that the deponent could not, after diligent search, find the said James Gregg so as to serve said citation on him ; the deponent further says that he saw an advertisement of said citation, of which the annexed is a true copy, published once a week for four successive weeks, in the "Press," a newspaper published in the City of Philadelphia, to wit, on the fifth, twelfth, nine- teenth and twenty-sixth days of May last, and in the " Times," a newspaper published in the City of New York, on the sixth, thirteenth, twentieth and twenty-seventh days of the same month. Sworn and subscribed, June 10, "j William Lynch. 18G0, before V John Graves, J. P. J 8. Appointment of Auditor. p. 851, pL 3. P. 832, pL 4. 18 April 1853, P. L. 504. ^ In the Orphans' Court of Chester T -r, T County. In the Estate of John I ^^ , "^ „ ,.,. - ^ ^.... r^ ^ -, c Upon the Petition of James V\ ills, txREGG, deceased. V, ^ p , n t> i t? Executor, &c., to sell Real Es- tate. And now, June 10, 1860, It appearing to the Court by the return of the citation in this case and proof by the oath of William Lynch filed of record, that the same had been served according to the order of the Court and the parties making de- fault, the Court appoint David Bond to make report of the facts of the case to aid the Court herein. In the Estate of John REAL ESTATE. 673 9. Decree of Sale. p. 851, pi. 3. P. 862, pi. 4, 6. 18 April 185.3, P. L. 504, 505. In the Orphans' Court of Chester County. , ' ■" I Upon the Petition of James Wills, Executor, &c., to sell Real Estate. And now, August 1, 1860 ; The report of David Bond, ap- pointed to report on the facts of the case, being made, the Court, after a full and careful investigation aided by said report, do decree a sale of the real estate mentioned and described in the petition in the case, said sale to be by public sale or vendue on the premises (or as the case may be), after full advertisement for at least twenty dayg, by hand-bills, posted in at least twenty of the most public places in said County of Chester, and in two newspapers in said county, not less than three times in each, and that said sale be made on the following terms, viz. : One-third of the purchase-money to be paid cash on the confirmation of the sale, one-third in one year, and one-third in two years thereafter ; the two latter payments, with interest payable annually, to be secured by judgment bond and mort- gage on the premises ; and the Court direct that the said decree be executed by the said James Wills, executor, &c., of the said John Gregg, deceased ; the said James Wills, before executing the same, to enter into bond to the Commonwealth in the sum of ten thousand dollars, with Seth Jones and Abel Lea as his sureties, who are approved by the Court, conditioned for the faithful execution of said trust and proper application of all moneys to be received according to said trust and decree. 10. Decree of Private Sale. P. 851, pi. 3. p. 852, pi. 4, 6. 18 April 1853, P. L. 504, 505. In the Estate of John Gregg, deceased. 43 In the Orphans' Court of Chester County. On the Petition of James Gregg for the Sale of Real Estate. 674 REAL ESTATE. And now, June 10, 1860, It appearing to the Court, by the return of the citation in this case and proof by the oath of William Lynch filed of record, that the same had been served according to the order of the Court, and the parties making default ; the Court after full and cai eful investigation, being of opinion, that under the circumstances, a better price can be ob- tained at private sale than at public sale, do approve and de- cree a private sale, — one-half of the purchase-money to be paid cash, on the confirmation of said sale, and the other half in one year, the latter payment with its interest, to be secured by judgment bond and mortgage on the premises (or, — as the order may be). And the Court direct that the said decree be executed by James Grregg (or as the case may be), he, before executing the same, to enter into bond to the Commonwealth, in the sum of ten thousand dollars, with Seth Jones and Abel Lea as his sureties, who are approved by the Court, conditioned for the faith- ful execution of said trust and proper application of all moneys to be received according; to said trust and decree. 11. Decree of Sale and Division, ^c. p. 851, pi. 3. P. 852, pi. 4. IS April 185.3, P. L. 504, 505. In the Orphans' Court of Chester T -r> T County. In the Estate of John „ i V» . . ,. t tttm, ^ , , > Un the Jretition or James VVills, (jREGa, deceased. \ -c .. p ^i o i r- -n i Jiixecutor, tor the bale oi Keal Estate, &c. And now, June 10, 18G0, It appearing to the Court by the return of the citation in this case and proof by the oath of William Lynch, filed of record, that the same had been served according to the order of the Court, and the parties making default in ap- pearing, the Court after full and careful investigation, decree a sale of said real estate, at the mansion-house on said real estate, entirely for cash (or, as Court may order), after full advertisement for at least twenty days, by hand-bills posted in at least twenty of the most public places in said County of Chester, and in two REAL ESTATE. 675 newspapers in said county, not less than three times in each : And the Court order the said real estate to be subdivided in the manner designated in the plot or draft filed with the peti- tion in this case, and do also laj out streets and alleys as designated in said plot or draft, being of opinion that said sub- division is necessary to command the highest prices ; and the Court direct said decree to be executed by James Wills, Exe- cutor, &c., of the said John Gregg ; the said James Wills, before executing this decree, to enter into bond to the Common- wealth, in the sum of five thousand dollars, with Seth Jones and Abel Lea as his sureties, who are approved by the Court, con- ditioned for the faithful execution of the trust and proper appli- cation of all moneys to be received, according to said trust and decree of the Court. 12. Bond of Trustee for Sale. p. 852, pi. 6. 18 April 185.3, P. L. &05. Know all men by these presents, that we, James Wills, Exe- cutor, &c., of John Gregg, deceased, Seth Jones and Abel Lea, all of the County of Chester, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of ten thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attorney or assigns, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents ; Sealed with our seals, dated the tAvelfth day of June, in the year of our Lord one thousand eight hundred and sixty : Whereas the said James Wills was, on the tenth day of June last, by decree of the Orphans' Court of said County of Chester, ordered to sell the real estate of said John Gregg, deceased, upon the terms and conditions in said decree mentioned : Now the condition of this obligation is such, that if the said James Wills shall faithfully execute said trust and shall properly apply all moneys to be received according to the trust and do- 676 REAL ESTATE. cree of the Court, then this obligation to be void, or else to remain in full force and virtue. Sealed and delivered in the presence of James Wills, [l. s.] Seth Jones, [l, s.] David Bond, f Acel Lea. [l. s.] George Fisher. J 13. Petition to Square and Adjust Lines. p. 853, pi. 7. 18 April 1853, P. L. 506. In the Estate of John ") In the Orphans' Court of Chester Gregg, deceased. j County. To the Honorable, the Judges of the Orphans' Court of said County of Chester : The petition of Enoch Rex, guardian of the persons and estates of George Gregg and Mary Gregg, minor children of John Gregg, late of the Township of Penn in said county, deceased. Respectfully represents. That the said minors, and James Greo-fj and Charles Grego:, all heirs of the said deceased, hold in coparcenary the following described real estate, viz. (describing it) : that said real estate adjoins lands of Seth Jones, and that the line between the lands of said deceased held as aforesaid, and the lands of the said Seth Jones, is irregular and crooked ; that the petitioner, with the said James and Charles, have entered into negotiation with the said Seth Jones for squaring and adjusting said line as marked in the plot or draft hereto annexed, by which about one acre of land more or less would be conveyed to the heirs aforesaid of said John Gregg, and about two acres more or less would be conveyed to the said Seth Jones ; that in the opinion of the petitioner, the land of said heirs proposed to be conveyed to the said Seth Jones, is worth one hundred dollars more than the land proposed to be conveyed by him to the said heirs, which sum the petitioner believes the said Seth Jones is willing to pay upon the consummation of proper conveyances : The petitioner further representing to the Court, that it will be for the interest and advantaffe of those interested in said REAL ESTATE. 677 real estate, tliat lie should be authorized to make and take con- veyances as aforesaid to square and adjust said lines, prays the Court to make a decree for that purpose. And he will, &c. Enoch Rex. (Affidavit of truth of petition to be appended.) Chester county, ss. Abel Lea and George Fox, being severally duly sworn say, that they are well acquainted with the lands late of John Gregg, deceased, and the lands of Seth Jones in the foregoing petition mentioned, and having examined the same with reference to the squaring and adjusting the line between said lands, are of opinion that the sum of one hundred dollars, and the land pro- posed to be conveyed by the said Seth Jones, will be a fair and full consideration for the conveyance of the land late of John Gregg to said Seth Jones, and that the deponents are not inte- rested in any of said lands. Sworn and subscribed. May 1,^ Abel Lea, 1860, before > George Fox. John Graves, J. P. J 14. Petition to Purchase Land, ^c. p. 853, pL 7. 18 April 1853, P. L. 506. P. 1374, pi. 1. 18 April 1864, P. L. 462. In the Estate of John "I In the Orphans' Court of Chester Gregg, deceased. J County. To the Honorable, the Judges of the Orphans' Court of said County of Chester : The petition of James Wills, guardian of George Gregg, minor child of John Gregg, late of the Township of Penn in said county, deceased. Respectfully represents, That the said John Gregg died about the first day of Janu- ary last, seised in his demesne as of fee, amongst otlier lands, of the following described real estate, viz. : a water-mill, messuage, and tract of land situate, &c. (or as may be, describing them). 678 REAL ESTATE. having made his will in writing, bearing date the first day of June, in the year of our Lord one thousand eight hundred and fifty-nine, and since his decease duly proved on the tenth day of January aforesaid ; that by said will he devised to his son, the above-named George Gregg, who is a minor, the above- mentioned real estate in fee, and appointed the petitioner guardian of the person and estate of the said George Gregg during his minority : The petitioner further represents, that by the purchase from Seth Jones of a piece of land adjoining said real estate, containing about four acres, as marked and described in the plot or draft hereto annexed, the dam belonging to said mill could be raised in height and the power of said mill advan- tacreously increased ; that said land can be purchased for the sum of five hundred dollars, and will be useful for the business carried on in the above-mentioned real estate of the said George Gregg (setting out whatever facts may be). The petitioner therefore prays the Court to decree that he may purchase said land from the said Seth Jones for the said minor for the purpose aforesaid. And he will, &c. James Wills. (Afiidavit of truth of petition to be appended.) Chester county, ss. Abel Lea and George Fox, being duly sworn say, that they are well acquainted with the real estate of the said George Gregg, mentioned and described in the foregoing petition, and also with the piece of land proposed to be purchased from the said Seth Jones, and that in their opinion the sum of five hun- dred dollars is a reasonable and just price for said piece of land. Sworn and subscribed, May 1, 1 Abel Lea, 1860, before > George Fox. John Graves, J. P. ) REAL ESTATE. 679 15. Petition for Alloivance out of Accumulation. p. 853, pi. 9. 18 April 1853, P. L. 507. In the Estate of John ) In tlie Orphans' Court of Chester Gregg, deceased. f County. The petition of James Wills, Guardian of the person and estate of George Gregg, a minor child of John Gregg, late of the Township of Penn in said county, deceased. Respectfully represents, That the said John Gregg died about the first day of January last, having made his last will in writing, dated the sixth day of May, in the year of our Lord one thousand eight hundred and fifty-nine, and proved the tenth day of said month of January, and of said will appointed Enoch Rex the Executor, who took upon himself the burden of the execution thereof; that by said will the testator devised to the said George Gregg and Jane Robb, the wife of Charles Robb, the following de- scribed real estate in fee, viz. (describing it), and directed that the income from the same should be received by the said Enoch Rex, Executor aforesaid, and accumulate in his hands for the benefit of the said George Gregg and Jane Robb until the said George Gregg should attain the age of twenty-one years, when the said accumulations should be paid to the said George and Jane in equal portions ; that the annual income of the whole of said real estate is about five hundred dollars ; that the said Jane Robb is of full age, and the said George Gregg is about the age of fourteen years, and there are no other means for his maintenance and education, except the income from said real estate : The petitioner therefore prays the Court to decree an adequate allowance out of said income, for the purpose of maintaining and educating the said George Gregg. And he will, &c. James Wills. (AflBdavit of truth of petition to be appended.) 680 REPLEVIN. 16. Decree of Alloioance out of Accumulation. p. 853, pi. 9. 18 April 1853, P. L. 507. In the Estate of George Gregg, a minor. In the Orphans' Court of Chester County. In the Matter of the Petition of James Wills, Guardian, for al- lowance for maintenance. And now, June 10, 1860, It appearing to the Court by the return of the citation in this case, and proof of the oath of John Babb, filed of record, that the same had been served according to the order of Court, and the parties making default in appear- ing ; the Court, after full and careful investigation, decree that the sum of two hundred dollars out of the income of the said real estate be paid in half-yearly payments on the first days of May and November, in every year until further order of the Court, by the said Enoch Rex, Executor aforesaid, to the said James Wills, Guardian, &c., as an adequate allowance for the maintenance and education of the said George Gregg, provided that the said sum shall be paid in such manner as to make equal distribution between the said George Gregg and the said Jane Robb, and if the one-half of the income of the said real estate should at any time, whilst this decree is in force, be less than the sum of two hundred dollars, then that only one-half of said income shall be paid by the said Enoch Rex for the purpose aforesaid. REPLEVIN. 1. Precipe. P. 867, pi. 1, Ac. Act of 1705, 1 Sm. L. 44. James Wills It,/-. ^ ^ -r., ,. ^i ( in the Court oi Common I'leas of Chester T ^ County. John Gregg, j -^ Issue summons against the defendant to answer the plaintiff REPLEVIN. 681 wherefore he took one wagon, two horses, &c., of the value of three hundred dollars, the property of the plaintiff, and hitherto holds the same against pledges, &c., returnable to May Term next. Yours, &c. Job Mann, To James Davis, Plaintiff's Attorney. Prothonotary. 2. Appraisement. P. 867, pi. 3. 21 March 1772, 1 Sm. L. 372. In the Court of Common Pleas of Chester County. JOHN Gkegg. \ Of May Tevm, 1860. No. 1. ■^ Replevin. James Wills "] Chester county, ss. Seth Jones and Abel Lea, being duly sworn say, that in their opinion the value of the goods mentioned in the writ in the above case, is correctly set out in the inventory hereto annexed, and that they are not interested in the said goods or said case. Sworn and subscribed, April 15, "j Setii Jones, 1860, before > Abel Lea. Jesse John, Sheriff. J Inventory. One wagon, . • . • . $100 00 One black horse, • • . 50 00 One bay horse, • • • . 100 00 $250 00 Appraised by Setii Jones, Abel Lea. G82 REPLEVIN. 3. Bond. p. 867, pi. 3. 21 March 1772, 1 Sm. L. 372. _ ,„ ^ In tlie Court of Common Pleas of Chester James \\ ills ) ^ f County. ^' 1 Of May Term, 1860. No. 1. John Grewg. ) -r> ^ ■ ■^ rleplevin. Know all men by these presents, that we, James "Wills, the plaintiff above named, and George Boyd, all of the County of Chester, are held and firmly bound unto Jesse John, Sheriff of said County of Chester, in the sum of five hundred dollars, lawful money of the United States, to be paid to the said Jesse John, his certain attorney, executors, administrators and as- signs, to which payment well and truly to be made, we do bind ourselves jointly and severally, our heirs, executors and admin- istrators, firmly by these presents ; Sealed with our seals, dated the fifteenth day of April, in the year of our Lord one thou- sand eight hundred and sixty : Whereas the above-bounden James Wills has obtained a cer- tain writ of replevin, issued out of the Court of Common Pleas of Chester County aforesaid, No. 1, to May Term, a. d. 1860, against John Gregg, the above-named defendant, commanding the said Jesse John, Sheriff aforesaid, that he should replevy and cause to be delivered to the said James Wills, certain goods in said writ mentioned : The condition of this obligation is such, that if the above- bounden James Wills shall prosecute his above-stated suit with effect and without delay, and shall duly return the goods and chattels mentioned and described in the writ issued in the above suit in case a return shall be awarded, then this obligation to be void and of none effect, or else to be and remain in full force and virtue. Sealed and delivered in the James Wills, [l. s.] presence of I George Boyd. [l. s.] David Bond, [ Job Mann. ^ REPLEVIN. 683 4. Qlaim Property Bond. In the Court of Common Pleas of Chester [ County. T I: (Of May Term, 1860. No. 1. John Gregg. I t^ , . ■^ Keplevm. James Wills") Know all men by these presents, that we, John Gregg the above-named defendant, Seth Jones and Abel Lea, all of the County of Chester, are held and firmly bound to Jesse John, Sheriff of Chester county, in the sum of five hundred dollars, lawful money of the United States, to be paid to the said Jesse John, his certain attorney, executors, administrators and assigns, to which payment well and truly to be made, we bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents ; Sealed with our seals, dated the fif- teenth day of April, in the year of our Lord one thousand eight hundred and sixty : Whereas the said John Gregg hath claimed property in the good and chattels mentioned and described in the writ issued in the above suit, and delivery therefore of said goods and chattels cannot be made : Now the condition of this obligation is such, that if the said John Gregg shall appear before the said Court of Common Pleas, on the last Monday of April instant, and then and there make good his claim to said goods and chattels, and shall pay all damages which may be recovered against him in said suit, as well as the value of the said goods, as damages for taking the same and costs, and the said Jesse John, Sheriff aforesaid, shall save and keep harmless, by reason of the premises, then this obligation to be void, or else to be and remain in full force and virtue. («) Sealed and delivered . John Gregg, [l. s.] in the presence of I Seth Jones, [l. s.] David Bond, [ Abel Lea. [l. s,] George Mann. ^ (a) See Marsh v. Pier, 4 R. 273 ; Cliaffeew. Sarujston, 10 W. 265 ; Moorer. Shenk, 3 Barr 13. 684 ROADS. ROADS. 1. Petition. P. 871, pi. 1. 13 June 1836, P. L. 555. To the Honorable, the Judges of the Court of Quarter Ses- sions of Chester County : The petition of the undersigned, Respectfully represents, That they labor under inconvenience for want of a public road, to begin in a public road leading from Jones's Mill to Rogers's Store, at a point near John Gregg's barn, in the Township of Penn, and to end in a public road, leading from Wills's bridge over Elk Creek to Rea's Tavern, at a point near Abel Lea's Mill, in the Township of Elk. The petitioners therefore pray the Court to appoint six (or " three" as the case may require), persons qualified according to law, to view the ground proposed for such road, and if they see occasion, lay out the same, &c., and make report of their proceedings to the next term of this Court. And they will, &c. George Boyd, April 1, 1860. John Gregg. 2. Xotice of Vieiv. Notice is hereby given, that the viewers appointed by the Court of Quarter Sessions, to view the ground for a road to begin in a public road leading from Jones's Mill to Rogers's Store, at a point near John Gregg's barn, in the Township of Penn, and to end in a public road leading from Wills's bridge over Elk Creek to Rea's Tavern, at a point near Abel Lea's Mill, in the Township of Elk, will meet at the house of the said Abel Lea, in the Township of Elk aforesaid, on the twentieth ROADS. 685 day of May instant, at ten o'clock in the forenoon, for the pur- pose of viewing said ground. Enoch Rex, George Boyd, May 2, 1860. James Keim, Viewers. 3. Order to Six Viewers. p. 871, pi. 1, 2, 3. 13 June 1836, P. L. 5551 Chester county, ss. At a Court of Quarter Sessions of the Peace [Seal.] held at West Chester for the County of Chester, on the first day of May, in the year of our Lord one thousand eight hundred and sixty, before the Honorable Town- send Haines, President, and his Associates, Judges of said Court. The petition of divers persons was presented, setting forth that they labor under inconvenience, for want of a public road, to begin in a public road (setting out the road desired as de- scribed in the petition), and praying the Court to appoint six persons qualified according to law, to view the ground proposed for said road, and if they see occasion, lay out the same, &c., and make report of their proceedings according to law. Whereupon the Court do order and appoint Enoch Rex, George Rea, James Keim, Wallace Jones, Levi Wick and James Green, six persons qualified as aforesaid, who, or any five of them, after being respectively sworn or afiirmed to perform the duties of their appointment impartially and according to the best of their judgment, are to view the ground proposed for the said road, and if they, or any four of the actual viewers, agree that there is occasion for such a road, they shall proceed to lay out the same, having respect to the shortest distance and best ground for a road, and in such manner as to do the least injury to private property, and as far as practicable agreeably to the prayer of the petitioners ; — and if practicable, the said viewers shall lay out the said road at an elevation not exceeding five 686 ROADS. degrees, except at the crossing of ravines and streams, "where by moderate filling and bridging, the declination thereof may be preserved within that limit. The viewers shall make report to the next term of said Court, stating particularly who of them were present at the view and whether they were severally sworn or affirmed, whether the road desired be necessary for a public or private road, and shall also annex and return to the Court a plot or draft thereof, and the courses and distances, and noting briefly the improvements through which it may pass. By the Court. George Fisher, Clerk. 4. Order to Tliree Viewers. P. 871, pi. 1, 2, 3. P. 872, pi. 9. P. 884, pi. 123. 13 June 1836, P. L. 555, 556. 24 February 1845, P. L. 52. Chester county, ss. At a Court of Quarter Sessions of the Peace held [Seal.] at West Chester for the County of Chester on the first day of May, in the year of our Lord, one thou- sand eight hundred and sixty, before the Honorable Townsend Haines, President, and his Associates, Judges of said Court. The petition of divers persons was presented, setting forth that they labor under inconvenience, for want of a public road, to begin in a public road (setting out road desired as in the peti- tion), and praying the Court to appoint three persons, qualified according to law, to view the ground proposed for said road and if they see occasion lay out the same and make report of their proceedings according to law. Whereupon the Court appoint Enoch Piex, James Keim and Wallace Jones, three persons qualified as aforesaid, who, after being sworn or affirmed, to perform their duties impartially and according to the best of their judgment, are all to view the ground proposed for said road, and if they or a majority of them agree that there is occasion for a road, they shall proceed to lay out the same, having respect to the shortest distance and the best ground for a road, and in such manner as shall do the least injury to private property, and ROADS. 687 also be as far as practicable, agreeably to the desire of the pe- titioners ; and if practicable, the viewers shall lay out the road at an elevation not exceeding five degrees, except at the cross- ing of ravines and streams, where by moderate filling and bridg- ing the declination thereof may be preserved within that limit. And before said view, public notice of the time and place of the meeting of the viewers must be given by advertisements put up in three or more of the most public places in the vicinity, at least ten days before said meeting of the viewers, and written or printed notice of the time and place of meeting of the viewers must be given to at least one of the supervisors of each of the townships through which the proposed road may pass, at least five days (and one of the County Commissioners ten days), (a) before said meeting ; The viewers shall make report at the next term of the Court, stating particularly who of them were pre- sent at the view, whether they were severally sworn and affirmed ; and whether the desired road be necessary for a public or private road : And shall annex and return to the Court a plot or draft thereof, stating the courses and distances, and noting briefly the improvements through which it may pass : If the viewers shall decide in favor of locating a public road, they shall also en- deavor to procure from the owners of lands over which it shall pass, releases in writing of all claims to damages that may arise from opening the same, and if they fail to procure such releases, they shall assess the damages, if any, to be done thereby, taking into consideration the advantages derived from the road passing through said lands, and return the same together with the releases obtained, to the Court. By the Court. George Fisher, Clerk. Releases. We, the subscribers, owners of lands through which the road above referred to will pass, hereby release all claims to damages that may arise from opening the same : (a) In some counties it is required by rule of Court that the County Com- missioners should have notice ; — if not, the clause relating to them should be omitted. 088 ROADS. Witness our hands and seals, the twentieth day of May, in the year of our Lord one thousand eight hundred and sixty. Sealed and delivered in ^ George Boyd, [l. s.] presence of I John Gregg, [l. s.] Enoch Rex, C &c., &c. James Keim. 5. Petition to Lay Out and Vacate. P. 871, pi. 1, kc. P. 873, pi. 24. P. 874, pi. 30. 13 June 1836, P. L. 555, 558, To the Honorable, the Judges of the Court of Quarter Ses- sions of Chester County : The petition of the undersigned, Respectfully represents, That they labor under inconvenience, for want of a public road, to begin in a public road leading from Jones' Mill to Rogers' store, at a point near John Gregg's barn, in the Town- ship of Penn, and to end in a public road leading from Wills' bridge over Elk Creek to Rea's tavern at a point near Abel Lea's mill in the Township of Elk : The petitioners therefore pray the Court to appoint six (or "three"), persons qualified according to law, to view the ground proposed for such road, and, if they should see occasion to lay out the same, to in- quire of and vacate the public road now opened from John Gregg's barn aforesaid to the Oak school-house on the line of the proposed road in the Township of Elk, (a) which last-men- tioned road will, by reason of the laying out of the proposed road, become useless ; and make report of their proceedings to the next Court. And they will, &c. George Boyd, April 1, 1860. John Rex. (a) See Road in Boss Township, 12 Casey 87. KOADS. 689 6. Order to Lay Out and Vacate. P. 871, pi. 1, 2, 3. P. 872, pi. 9. P. 873, pi. 24. P. 884, pi. 123. 13 June 1836, P. L. 555, 558. 24 February 1845, P. L. 52. Chester county, ss. At a Court of Quarter Sessions of the Peace [Seal.] held and kept at West Chester, for the County of Chester, on the first day of May, in the year of our Lord one thousand eight hundred and sixty, before the Honorable Townsend Haines, President, and his Associates, Judges of said Court, The petition of divers persons was presented, setting forth that they labor under inconvenience for want of a public road, to begin in a public road, &c. (setting out road described as in petition), and praying the Court to appoint three persons quali- fied according to law, to view the ground proposed for said road, and, if they should see occasion to lay out the same, to inquire of and vacate the public road now opened, &c. (as in petition), which last-mentioned road will, by reason of the laying out of the proposed road become useless, and make report of their proceed- ings according to law. Whereupon, the Court appoint Enoch Rex, James Keim and Wallace Jones, three persons qualified as aforesaid, who, after being sworn or affirmed to perform their duties impartiallyand according to the best of their judgment, are all to view the ground proposed for said road and if they, or a majority of them, agree that there is occasion for a road, they shall proceed to lay out the same, having respect to the shortest distance and best ground for a road, and in such man- ner as shall do the least injury to private property, and also be as far as practicable agreeable to the desire of the petitioner. If practicable, the viewers shall lay out the road at an elevation not exceeding five degrees, except at the crossing of ravines and streams, where by moderate filling and bridging, the decli- nation thereof may be preserved within that limit ; and before said view, public notice of the time and place of the meeting of the viewers must be given by advertisements, put up in three of the most public places in the vicinity, at least ten days before 44 690 ROADS. said meeting of tlie viewers : and written or printed notice of the time and place of the meeting of the viewers, must be given to at least one of the supervisors of each of the townships through which the proposed road may pass, at least five days [and to one of the County Commissioners, at least ten days, (a)] before said meeting. Th-e viewers shall make report at the next term of Court, stating particularly who of them were pre- sent at the view ; whether they were severally sworn or affirmed, and whether the desired road be necessary for a public or pri- vate road : and shall annex and return to the Court, a plot or di-aft of the said proposed road, stating the courses and dis- tances, and noting briefly the improvements through which it may pass ; and also a description and draft of the road vacated. (6) If the viewers shall decide in favor of locating a public road, they shall also endeavor to procure from the owners of lands over which it shall pass, releases in writing of all claims of damages that may arise from opening the same, and if they fail to procure such releases, they shall assess the dam- ages, if any, to be done thereby, taking into consideration the advantages derived from the road passing through said lands, and return the same, together with the releases obtained, to the Court. By the Court. George Fisher, Clerk. Releanes. We, the subscribers, owners of land through which the road above referred to will pass, hereby release all claims to damages that may arise from opening the same. Witness our hands and seals, the twentieth day of May, in the year of our Lord one thousand eight hundred and sixty. Sealed and delivered in the -^ George Boyd, [l. s.] presence of ( John Gregg, [l. s.] Enoch Rex, | James Keim. ^ (a) The part in brackets is not required by Act of Assembly, but by the rules of some Courts ; where not so required it should be omitted. (6) See Road in Ross Township, 12 Casey 88. ROADS. 691 7. Report of Viewers. p. 871, pi. 3. 13 June 1836, P. L. 555. To the Honorable, the Judges within named : We, the under- signed, appointed by the annexed order do report : That in pursuance thereof, after having been severally duly sworn and affirmed, all the viewers appointed by said order viewed the ground proposed for the within-mentioned road, and the under- signed, a majority of said viewers, do agree that there is occa- sion for a road as desired by the petitioners, and that the same is necessary for a public road : And having had respect to the shortest distance and the best ground for such road, we have laid out in such manner as shall do the least injury to private property, and as far as practicable, agreeably to the desire of the petitioners, and do return for public use, the following described road, to wit : Beginning, &c. (give description of the road), said road being at an elevation not exceeding five degrees except (state the part of road where elevation exceeds) where it was not practicable to preserve it within that limit. The un- dersigned further report, that they endeavored to procure from all the owners of the land over which said road passes, releases in writing of all claims to damages that may arise from opening the same, and that they procured such releases from George Boyd and John Gregg, and failed to procure releases from Abel Lea and Charles Bobb, and therefore having taken into consideration the advantages to be derived to the said Abel Lea and Charles Robb, from the road passing through their lands, we have assessed the damages sustained by the said Abel Lea at one hundred dollars, and the damages sustained by the said Charles Robb at two hundred dollars : And we further report, that we have inquired and do vacate the following described public road, viz. (describing it), which, by reason of the laying out of the first mentioned road, has become useless. We further report, that before the said view, public notice of the time and place of the meeting of the viewers was given by advertisements put up at Jones' mill, at Ray's tavern and Rugin's store, three of the most public places in the vicinity ; — ten days before said meeting — printed notice of said meeting 692 ROADS. was given to John Babb, supervisor of the Township of Elk, and Seth Jones, supervisor of the Township of Penn, five days before said meeting, and to Caleb Todd, one of the County Commissioners, ten days before said meeting, and we annex a plot or draft of said road laid out, stating the courses and dis- tances, and noticing briefly the improvements through which the same passes, and also a description and draft of the road vacated, and herewith return the releases obtained and a copy of said notices. Witness our hands the twentieth day of May, a. d. 1860. Enoch Rex, Wallace Jones. 8. Petition for Damages. P. 872, pi. 7. 13 June 1836, P. L. 556. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of Abel Lea, Respectfully represents. That a public road, beginning, &c. (describing road so as to identify it), laid out on the twenty-fifth day of May laS't by order of this Court, and confirmed on the twentieth day of the same month, was opened through land of the petitioner in the month of January last, and within one year ; that he has sus- tained injury thereby in the occupation of his land (or as the case may be). The petitioner therefore prays the Court to appoint a jury of six disinterested persons to view the premises and assess the damages, if any, which the petitioner may have sustained. And he will, &c. Abel Lea. (Afiidavit of truth of petition to be appended.) 9. Report of Damages. p. 872, pi. 8, 9. 13 June 1836, P. L. 556. To the Honorable, the Judges of the Court of Quarter S( sions of the Peace of the County of Chester : ROADS. 693 The undersigned, appointed by the annexed order of Court, for the purposes therein mentioned, report. That having been severally duly sworn and affirmed, we viewed the premises in said order mentioned, and having taken into consideration the advantages derived from said road passing through the land of the said Abel Lea, do assess the damages sustained by the said Abel Lea, at one hundred dollars. Witness our hands, the first day of March, A. D. 1860. Enoch Rex, George Boyd, &c. 10. Petition for a Private Road. p. 872, pi. 13. 13 June 1836, P. L. 556. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of Abel Lea, Respectfully represents, That he labors under inconvenience for want of a road from his dwelling in Penn Township, to a point in the highway known as the Oil Mill Road near Jones's bridge over Elk Creek ; he therefore prays the Court to appoint six persons, qualified according to law, to view the place where said road is requested, and make report of their proceedings to the said Court at the next term thereof. And he will, &c. Abel Lea. April 1, 1860. 11. Report of Private lload. p. 872, pi. 1.3, 14. 13 June 1836, P. L. 556. To the Honorable, the Judges within named: We, the undersigned, appointed by the annexed order for the purposes therein mentioned, do report, That in -pursuance thereof, Enoch Rex, George Rex, James Keim, Levi Wick and James Green, five of the viewers in said order mentioned, 694 ROADS. having been first duly sworn or affirmed, viewed the place where the road in said order mentioned is requested, and the under- signed, five of said viewers, do agree that such road is neces- sary, and having had respect to the shortest distance and the hest ground for said road, have laid out, in such manner as shall do least injury to private property, and as far as practi- cable, agreeably to the prayer of petitioner, and do return for the use of Abel Lea, the petitioner, the following described road, to wit : Beginning (describing it), and also annex and return herewith to the Court a plot or draft thereof, stating the courses and distances, and noticing briefly the improvements through which it passes. Witness our hands, the tenth day of May, in the year of our Lord one thousand eight hundred and sixty. Enoch Rex, George Rex, James Keim, Levi Wick, James Green. 12. Order confirming Private Road. p. 872, pi. 13, 14. 13 June 1836, P. L. 556. In the Matter of the Pri- \ In the Court of Quarter Ses- VATE Road of Abel Lea. ) sions of Chester County. And now, July 1, 1860, The viewers appointed to view the place where a road is requested by Abel Lea, from his dwell- ing in Penn Township, to the highway known as the Oil Mill Road, at a point near Jones's Bridge over Elk Creek, having reported that they had laid out and returned for the use of the said Abel Lea the following described road, viz. : (describing it), and it appearing by the said report that said road was necessary, the Court approved of said report, and the same being entered on record at the next session of this Court, thenceforth said road shall be deemed and taken to be a lawful private road ; and the Court do further order, that upon the full payment by said Abel Lea of the damages sustained by Seth Jones, ROADS. 695 through whose lands the same passes, the said road shall be opened twenty feet in width. 13. Petition for Jury to assess Damages on a Private Road. P. 872, pi, 18. 13 June 1836, P. L. 557. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of Abel Lea, Respectfully represents, That at the July sessions of this Court, a road heretofore laid out at the request of the petitioner for his use, from his dwell- ing in Penn township, through lands of Seth Jones to a point in a highway known as the Oil Mill Road near Jones' Bridge over Elk Creek, was confirmed by this Court ; and thereupon the Court directed that the proceedings in relation thereto being entered of record, the same should thenceforth be deemed and taken to be a lawful road : and further ordered, that on full payment by the petitioner of the damages sustained by Seth Jones, through whose lands the same passes, the said road should be opened twenty feet in width. The petitioner being desirous to pay said damages to open said road, prays the Court to appoint six disinterested persons, to assess the damages sus- tained by the said Seth Jones by reason of the premises. And he will, &c. Abel Lea. 14. Petition for Swinging G-ates. p. 872, pi. 15. 13 June 1836, P. L. 557. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of Seth Jones, Respectfully represents, That upon the petition of Abel Lea to this Court, setting forth that he labored under inconvenience for want of a road from his dwelling in Penn Township to a point in the higliway, known as the Oil Mill Road, near Jones' Bridge over Elk Creek 696 KOADS. this Court has directed a view of the place ■where such road is requested : — that said road if laid out, will be laid out over land of the petitioner ; — that the petitioner is desirous to have leave to hang and maintain at his own expense, swinging gates across such road ; he therefore prays the Court to direct the viewers appointed to view said road, to inquire and report whether the same may be done without much inconvenience to the persons using said road. And he will, &c. April 20, 1860. Seth Joxes. 15. Order on Report of Viewers for Swinging Gates. p. 872, pi. 15. 13 June 1836, P. L. 557. T T,r -n ) In the Court of Quarter In the Matter of the Private ^ . « i -r^ -r, . T r cessions oi the reace Road for Abel Lea. 1 ^ />,, ^ J or Chester County. On the application of Seth Jones, for swinging gates. And now, July 31, 1860, It appearing from the report of the viewers that a swinging gate can be hung across the private road laid out for the use of Abel Lea, without much inconveni- ance to the persons using the same : the Court approve of said report and grant leave to the said Seth Jones to hang and main- tain such gate, and do order and direct that said gate be made and kept in repair, and made easy for passing, by the said Seth Jones. 16. Petition to use Private Road. p. 872, pi. 19. 13 June 1836, P. L. 557. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester: The petition of George Boyd, Respectfully represents. That a private road laid out on the petition and at the ex- pense of Abel Lea, from his dwelling in the Township of Penn ROADS. 697 in said County of Chester, to a highway, known as the Oil Mill Road, at a point near Jones's Bridge over Elk Creek, was approved by this Court at the last July Sessions thereof: that the petitioner is desirous to make use of said road ; he therefore prays the Court that he may be admitted to participate in the privilege of said road, and be entitled to equal rights and pri- vileges, and be subject to like duties and liabilities w^ith the said Abel Lea, upon payment by the petitioner of such sums as the Court may determine that he shall pay to the said Abel Lea, and also such further sum as the Court may determine he shall pay to Seth Jones, the owner of the soil over which the said road is made. And he will, &c. George Boyd. 17. Decree of Court on Application to participate in Private Road. p. 872, pi. 19. 13 June 1836, P. L. 557. T.. ,„^ T\/r ™ -n 1 Ii^ the Court of Quarter In the Matter of the Private ^ . ^ , -n^,^ ^^„ AT r Sessions of the Peace Koad for Abel Lea. { c ^^^ J of Chester County. On the application of George Boyd to participate in said road. And now, September 10, 1860, Upon the petition of George Boyd, to be admitted to participate in the privilege of the pri- vate road laid out over land of Seth Jones, on the application and at the expense of Abel Lea ; — and after hearing the said George Boyd, Seth Jones and Abel Lea, the Court determine that the said George Boyd shall contribute to the said Abel Lea, at whose expense said road was laid out, the sum of one hundred dollars, and shall pay to the said Seth Jones, the owner of the soil, the sum of one hundred dollars, and upon the pay- ment thereof, that the said George Boyd shall be entitled to equal rights and privileges, and be subject to like duties and liabilities with the said Abel Lea. 698 ROADS. 18. Petition for Private Road under Ground. P, 872, pi. 13, 14. P. 873, pi. 20. 13 June 1836, P. L. 557. 16 April 1838, P. L. 642. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of Abel Lea, Respectfully represents, That he is owner of a coal mine, in the Township of Penn in said county, and labors under inconvenience for want of a pri- vate road under the surface of the land, from said coal mine to a point in a highway called the Oil Mill Road, near Jones's Brido-e over Elk Creek : The petitioner, therefore, prays the Court to appoint six per- sons, qualified according to law, to view the place where said road is requested ; and if they shall lay out a road, to assess the amount of the damages sustained by the owner or owners of the lands through which said road may pass, and make report of their proceedings to the next term of this Court. And he will, &c. April 1, 1860. Abel Lea. 19. Report for Private Road under Ground. p. 872, pi. 13, 14. P. 873, pi. 20. 13 June 1836, P. L. 557. 16 April 1838, P. L. 642. To the Honorable, the Judges within named : We, the undersigned, being all the viewers appointed by the annexed order for the purposes therein mentioned, do report, that in pursuance thereof, having been duly sworn and affirmed, we viewed the place where the road in said order mentioned is requested, and do agree that such road is necessary ; and hav- ing had respect to the shortest distance and the best ground for said road, we have laid out in such manner as shall do the least injury to private property, and as far as practicable, agreeably to the prayer of the petitioner, and do return, for the use of the said Abel Lea, the petitioner, the following described road (describe it) : said road being under the surface of the land of ROADS. G99 said Seth Jones ; and we also annex and return herewith to the Court, a plot or draft thereof, stating the courses and distances, and noting briefly the improvements through which it passes : and we do further report, that having taken into consideration the advantage derived to the said Seth Jones, from said road passing through his land, we have assessed the amount of damages sustained by the said Seth Jones, at the sum of two hundred dollars. Witness our hands, the first day of June, in the year of our Lord one thousand eight hundred and sixty. Enoch Rex, &c., &c. 20. Order of Court Confirming Road and Approving Damages. In the Court of Quarter > Sessions of the Peace of the County of Chester. P. 884, pi. 124. 24 February 1845, P. L. 52, In THE Matter of the Road from John Gregg's Barn in Penn Township, to George Boyd's Mill in Elk Township. And now, August 1, 1860, The viewers, appointed to view the ground proposed for a road, from a point in a public road near John Gregg's barn, in the Township of Penn, to a point on a public road near George Boyd's mill, in the Township of Elk, reported, that they had laid out and returned for public use the following described road, to wit : (describe road), and also re- ported, that they had assessed the damages by reason of opening the same, sustained by Seth Jones, at the sum of one hundred dollars, and the like damages sustained by Abel Lea, at the sum of one hundred dollars ; and the Court being satisfied that the amount of damages assessed aforesaid, is such that the public interest will be subserved by the payment of said damages and the opening of said road, do confirm said view and assessment, and direct that the said road shall be opened of the breadth of thirty-three feet, and the whole of the proceedings in relation to the same being entered of record, thenceforth said road shall be deemed and allowed to be a public road and highway. 700 ROADS. 21. Order of Court not Approving of Damages. p. 884, pi. 124. 24 February 1845, P. L. 52. In the Matter of the Road from ^ t i /-i o r^ T 1 ^ , r» • .1 rn N-Q the (Jourt 01 Quarter John (ireo-o; s iiarnin the iown- ^ • ,» i -r» /. ,. PT, . r^ -r. T r sessions or the Feace 01 ship 01 Jrenn, to (jreorge JJoya s ^, ^ TiT-n • xi. m I • p -nil Chester County. Mill in the Township of Elk. J ^ And now, August 1, 1860, The viewers, appointed to view the ground proposed for a road, from a point in a public road near John Gregg's barn in Penn Township, to a point in a public road near George Boyd's mill in Elk Township, reported that they had laid out for public use the following described road, to ■wit : (describe road), and also reported that they had assessed the damages by reason of the opening of the same, sustained by Seth Jones, at the sum of one hundred dollars, and the like damages sustained by Abel Lea, at the sum of one hundred dollars, and the Court not being satisfied that the amount of damages assessed as aforesaid is such that the public interest will be subserved by its payment and the opening of said road, do order that the report be not confirmed, unless the said damages shall first be paid by the petitioners for said road, or others interested. 22. Petition to Vacate. P. 873, pi. 24. P. 874, pi. 30, 34. 13 June 1836, P. L. 558. 15 April 1845, P. L. 449. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester: The petition of the undersigned. Respectfully represents: That a public road, beginning, &c. (describing road), laid out by order of this Court, was confirmed by the Court at the July Sessions thereof, in the year of our Lord one thousand eight hundred and forty, that the said road has become useless and inconvenient. The petitioners therefore pray the Court to in- quire of and vacate said road, and for that purpose to appoint six (or "three") persons qualified according to law, to view said KOADS. 701 road and inquire of the premises and make report of their pro- ceedings at the next term of this Court. And they will, &c. April 1, 1860. Enoch Rex, &c. 23. Petition to Cliange Route. p. 873, pi. 24. P. 874, pi. 30. 13 June 1836, P. L. 568. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned, KespectfuUy represents, That a public road, beginning, &c. (describe road), laid out by order of this Court, was confirmed at the July Sessions thereof, in the year of our Lord one thousand eight hundred and forty ; and that said road has become inconvenient in its present location, and would better accommodate the public travel by being changed so as to begin and end at the same points but (set out the change desired). The petitioners therefore pray the Court to inquire of and change the said road, and for that purpose to appoint six (or " three") persons, qualified according to law, to view the said road and the ground proposed for the said change, and inquire of the premises and make report of their proceedings at the next term of this Court. And they will, &c. Enoch Hex, &c. 24. Petition to Vacate before O'pening. p. 872, pi. 25. 13 June 1836, P. L. 558. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned, Respectfully represents. That at the last January Sessions of this Court, a road, be- ginning, &c. (describing it), laid out by order of this Court, was confirined, and that said road has not yet been opened. 702 ROADS. The petitioners therefore representing to the Court that they are a majority of the original petitioners for the said road, resident within the County of Chester aforesaid, pray that the same may be vacated and annulled, and for that purpose that the Court will appoint six (or "three") persons, qualified accord- ing to law, to view the ground in which said road has been laid out, and make report of their proceedings at the next term of this Court. And they will, &c. April 1, 1860. E>.-ocH Rex, &c. 25. Petition to Vacate Road by Prescription. p. 874, pi. 33. 21 April 1846, P. L. 416. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned. Respectfully represents, That a public road, beginning, &c. (describing it), existing by lapse of time, having been used as a public road for more than twenty-one (or as may be) years, has become useless and incon- venient. The petitioners therefore pray the Court to inquire of and vacate said road, and for that purpose to appoint six (or "three") persons qualified according to law, to view said road and inquire of the premises, and make report of their proceed- ings at the next term of this Court. And they will, &c. Enoch Rex, &c. 26. Petition to Vacate a Public Road in Toivn Plot. p. 875, pi. 39. 8 May 1854, P. L. 645. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned. Respectfully represents, That a public road in the Borough of Penn in said county, beginning, &c. (describing it), has by reason of the forming of ROADS. 703 the town plot of said borough (or as tne case may be), become useless to the public and those having lands bounding thereon : that said road was laid out as a public road, by a jury appointed by this Court, whose report was confirmed at the May Sessions thereof, in the year of our Lord one thousand eight hundred and forty (or as the case may be) : The petitioners therefore showing that they are twelve freeholders of the vicinity of said road, pray the Court after the previous proceedings required by law, to decree the vacation of said road. And they will, &c. April 1, 1860. Enoch Rex, &c., &c. (Affidavit of one or more to truth of petition to be appended.) 27. Rule on Parties to appear on Application to vacate Road in Town Plot. p. 875, pi. 39. 8 May 1854, P. L. 645. And now, May 1, 1860, Upon the petition of twelve free- holders of the vicinity praying the Court to decree the vacation of the following described road in the borough of Penn in said county, to wit (describing it), a rule is granted upon all the parties desiring to be heard, to appear in Court on the tenth day of June next, at ten o'clock in the forenoon of said day, to show cause, if any they have, why said road shall not be closed up and vacated ; and the Court direct that this rule shall be published once a week, for four successive weeks, in the " Star," a newspaper published in said County of Chester. 28. Proof of Publication. (Affix copy of notice.) Chester county, ss. George Jones being duly sworn, says that he saw a notice of which the foregoing is a copy published in the " Village Record," a newspaper published in said county, once a week for four suc- cessive weeks, the first publication thereof having been on the fifth day of May, 1860. Sworn and subscribed, June 6, ^ George Jones. 1860, before me, > H. Fleming, J. P. J 704 ROADS. 29. Appointment of Viewers on vacating Road in Town Plot. p. 875, pi. 39. 8 May 1854, P. L. 645. In the Matter of the Public^ Road in the Borough of Penn, In the Court of Quarter J.^,^n±J ill. uiii. j^v^iwuguL 1^1 J. t-wii, 1 Sessions of the Peace from High to North Street be- [ of Chester County, tween Gray and South Streets. J On Petition for Vacation. And now, June 10, 1860, Due proof of the publication of the rule on the above petition having been made, and upon hearing all the parties interested, the Court refer the ascertainment of the facts to George Boyd, &c., &c., six persons qualified accord- ing to law, who are to view the said road and make report of their proceedings to the next term of this Court. 30. Petition to vacate Private Road in Town Plot. p. 875, pi. 39. 8 May 1854, P. L. 645. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned. Respectfully represents. That a private road in the Borough of Penn in said County of Chester, beginning, &c. (describing it), was laid out by Richard Jones over land then owned by him ; that George Jones and James Rea are at present the owners, and the only persons having an interest in the soil over which the said way has been laid out ; that the said way, by reason of forming the town plot of said borough (or as the case may be), has become useless to the public and those having lands bounding thereon : The petitioners therefore, showing that they are twelve free- holders of the vicinity of said road, pray the Court after the previous proceedings required by the Act of Assembly in such case made and provided, to decree the vacation of said road. And they will, &c. April 1, 1860. Enoch Rex, &c., &c. (Affidavit of one or more persons to truth of petition to be appended.) ROADS, 705 31. Petition to vacate Road partly opened. p. 873, pi. 26. 3 May 1855, P. L, 422. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned, Respectfully represents. That a road beginning, &c. (describing it), laid out by order of this Court, was confirmed at the July Sessions thereof, in the year of our Lord one thousand eight hundred and fifty- nine ; that the said road has been opened in part, to wit (de- scribe the part opened), and is useless and inconvenient. The petitioners therefore pray the Court to inquire of and vacate the same, and for that purpose to appoint six (or " three") per- sons qualified according to law, to view said road and make report of their proceedings at the next term of this Court. And they will, &c. April 1, 1860. Enoch Rex, &c. 32. Petition to vacate Street in Unincorporated Village. P. 874, pi. 34, 35. 15 April 1845, P. L. 449. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester: The petition of the undersigned, citizens of the unincorpo- rated Village of Penn in said County of Chester, Respectfully represents, That that part of Gay Street, in the said Village of Penn, beginning, &c. (describing it), has become useless and inconve- nient, and your petitioners desire its vacation : They therefore pray the Court to inquire of and vacate the above-described part of said street, and for that purpose to appoint six (or " three") persons qualified according to law, to view the same and also to assess the damages which may be sustained by any owner of property by reason of such vacation, and make return of their proceedings at the next term of this Court. And they will, &c. April 1, 1860. Enoch Rex, &c. 45 706 ROADS. 33. Petition to Widen. P. 874, pi. 38. 8 May 1850, P. L. 715. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned, Respectfully represents, That a road (describing it), laid out by order of this Court, was approved on the tenth day of May, in the year of our Lord one thousand eight hundred and fifty, and ordered to be opened thirty-three feet in breadth, that said road was accordingly so opened, and has been used at the said breadth ever since; that by reason of the increased amount of travel (or as the reasons may be, stating them), the said road is found to be too narrow conveniently to accommodate the public. The petitioners therefore pray the Court to appoint six (or "three") persons qualified according to law to view said road, and inquire of the propriety of widening the same, and make report of their pro- ceedings at the next term of this Court. And they will, &c. April 1, 1860. Enoch Rex, &c. 34. Petition for a Bridge. P. 877, pi. 57. 13 June 1836, P. L. 560. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned, inhabitants of the Township of Penn in said county, Respectfully represents, That it is necessary that a bridge should be erected over Elk Creek in said township, at Jones' Ford, where the said creek crosses the public road known asRea's Road, and that the erect- ing of said bridge will require more expense than it is reasonable the said Township of Penn should bear. The petitioners there- fore pray the Court to appoint six (or " three") persons quali- fied according to law, to view the place proposed for said bridge, and inquire whether such bridge is necessary and would be too ROADS. 707 expensive for the said Township of Penn to hear, and make report of their proceedings at the next term of this Court. And they "will, &c. April 1, 1860. Enoch Rex, &c. 35. Petition for Inspectors of Bridge. p. 877, pi. 61. 13 June 1836, P. L. 561. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned Commissioners of said County of Chester, Respectfully represents, That after proceedings had in this Court according to law a bridge over Elk creek, where it crosses Jones's Ford, was entered of record as a County bridge, and the petitioners. Commission- ers aforesaid, having procured an estimate of the cost thereof, which estimate amounted to eleven hundred dollars, entered into a contract with Seth Jones for the erection of said bridge for the sum of one thousand dollars, and that said bridge is now completed. The petitioners therefore pray the Court to appoint six fit persons to inspect said bridge, and make report to the said Court. And they will, &c. Titus Gheen, George Boyd, Ezra Cope, October 1, 1860. Commissioners. 36. Report of Inspectors of Bridge. p. 877, pi. 63. 13 June 1836, P. L. 661. To the Honorable, the Judges within named : The under- signed appointed by the annexed order for the purposes therein mentioned, report : That having been first duly sworn and aflfirraed, we inspected the bridge therein mentioned in the presence of Titus Gheen, one of said Commissioners, and Seth Jones the witliin-named 708 ROADS. contractor, and do not approve of the same, and report that in our judgment the sum of one hundred dollars ought to be deducted from the sum stipulated in the contract ■with the said Seth Jones for the erection of said bridge. Witness our hands the tenth day of November, in the year of our Lord one thousand eight hundred and sixty. James Powell, William Apple, &c., &c. 37. Rule on Contractor after Report of Inspectors of Bridge. p. 877, pi. 63. 13 June 1836, P. L. 561. In the Matter of the Bridge '\ In the Court of Quarter Ses- OVER Elk Creek, at Jones's V sions of Chester County. Ford, Penn Township. J On Report of Inspectors. And now, November 15, 1860, The persons appointed to inspect said bridge having reported that they did not approve of the same, and that one hundred dollars should be deducted from the price stipulated in the contract, the Court grant a rule on the said Seth Jones to show cause against said report on the tenth day of December next, at the Court House in the borough of West Chester. 38. Report of Inspectors of Bridge built by Comynissioners. p. 877, pi. 65. 13 June 1836, P. L. 561. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of said county : The undersigned, appointed by the annexed order for the purposes therein mentioned, do report : That having been fii-st duly sworn and affirmed, we inspected the bridge in said order mentioned, in the presence of Titus Gheen, Ezra Cope and George Gregg, Commissioners of said county, and do not approve of the same ; that the said bridge is deficient in the following respects, viz. (set out defects) ; that SCHOOLS. 709 the same has occurred through the default and neglect of said Commissioners, and that in our judgment the value of said bridge is eight hundred dollars. Witness our hands the tenth day of November, in the year of our Lord one thousand eight hundred and sixty. James Povtell, William Apple, &c., &c. 39. Petition for Review. p. 877, pi. 80. 13 June 1836, P. L. 559. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned. Respectfully represents : That viewers appointed by this Court, reported to the last term thereof, that they had laid out and returned for public use the following road, viz. : beginning, &c. (describe as in re- port of viewers), that said road is unnecessary for public use, (or as the case may be). The petitioners therefore showing that they are persons inte- rested, pray the Court to appoint six (or "three") persons properly qualified, to review the ground proposed for said road, and make report of their proceedings at the next term of this Court. And they will, &c. Enoch Rex, &c. SCHOOLS. 1. Order for Writ to collect Judgment against School District. P. 170, pi, 31. 8 May 1854, P. L. 620. In the Court of Common Pleas of Chester County. ^Judgment entered May 1, 1860, in Judgment Docket H, p. 100, in favor of PlaintiflF against the Defendant for James Wills V. School Dis- trict OF Penn. TIO SCHOOLS. INIay 10, 1860, On motion of David Bond, Esquire, of coun- sel with the plaintiff, the Court direct a writ to issue, command- ing the directors and treasurer of the School District of Penn to caus-e the amount of the above-stated judgment with interest and costs, to be paid to the said James Wills out of any moneys unappropriated, of said district, or if there be no such moneys, out of the first moneys that shall be received for the use of said district. 2. W7-it to collect Judgment against School District. P. 170, pi. 31. 8 May 1854, P. L. 620. Chester county, ss. The Commonwealth of Pennsylvania : [Seal.] To the directors and treasurer of the School Dis- trict of Penn : Whereas James Wills lately, to wit, on the first day of May, in the year of our Lord one thousand eight hundred and sixty, in our Court of Common Pleas of Chester County, before our Judges at West Chester, by the consideration of said Court, re- covered against the School District of Penn, as well a certain debt of one hundred dollars, as also the sum of five dollars costs : And whereas we are informed by the said James Wills that he is entitled to the benefit of said judgment and that the same is wholly unpaid : These are therefore to command you the said school directors and treasurer, to cause the amount of said judg- ment with interest and costs, to be paid to the said James Wills, out of any moneys unappropriated of said district, or if there be no such moneys, out of the first moneys that shall be received for the use of said district : And how you shall have executed this command, you make known to our Judges at West Chester, at our said Court of Common Pleas there to be held, on the last Monday of July next : Witness the Honorable Townsend Haines, Esquire, President of our said Court at West Chester, the tenth day of May, a. d. one thousand eight hundred and sixty. James Davis, Prothonotary. SCHOOLS. 711 3. Petition for Independent School District. P. 167, pi. 9, 12. 8 May 1855, p. L. 509. 20 May 1857, P. L. 587. P. 1219, pi. 4. To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of the County of Chester : The petition of the undersigned, Respectfully represents That they are taxable inhabitants of the Township of Penn in said County of Chester, and desire the formation of the territory on which they reside, into a separate and independent school district, and they set forth the bounds of said district as follows, viz. (setting them out) : The petitioners therefore showing that they are not less than twenty of the taxable inhabitants of the said Township of Penn, and that such inde- pendent school district will protect and promote the educa- tional welfare in such locality, which, from the natural obstacles (or as the case may be, specifying), cannot be properly provided for under the organization of the school district of the said Township of Penn, pray the Court to appoint Commissioners to view the premises, and report to this Court at the next term thereof, the lines of the proposed new district, either accord- ing to the bounds hereinbefore set forth or according to such other bounds as said Commissioners shall think more advisable, together with their opinion of the expediency of establishing or not establishing the same. And they will, &c. James Wills, April 1, 1860. Enoch Rex, &c., &c. (Affidavit of one or more of petitioners to truth of petition to be appended.) 4. Order to Commissioners on Independent School District. P. 204, pL. 16, 17, 18. p. 167, pi. 9. 15 April 18;?4, P. L. 539. 26 April 1864, P. L. 489. 8 May 1855, P. L. 509. Chester county, ss. At a Court of Quarter Sessions of the Peace, [Seal.] held at West Chester for the County of Chester, on the first day of April, in the year of our Lord one 712 SCHOOLS. thousand eight hundred and sixty, before the Honorable Town- send Haines, President, and his Associates, Judges of said Court, the petition of sundry inhabitants of the Township of Penn in said county was presented, setting forth that they de- sired the formation of the territory upon which they reside, into a separate and independent school district, by the follow- ing bounds, viz. (setting them out,) and showing to the Court that the petitioners were not less than twenty taxable inhabit- ants of said Township of Penn, and that such independent school district will protect and promote the educational wel- fare in said locality, which from the natural obstacles (or as the case may be, specifying), cannot be properly provided for under the organization of the said Township of Penn, and praying the Court to appoint commissioners to view the pre- mises, and report to this Court according to the provisions of the Act of Assembly in such made and provided, whereupon the Court upon due consideration, appoint John Gregg, Seth Jones and Abel Lea, Commissioners, who having given notice to the inhabitants of said Township of Penn, of the time and place of meeting, by twenty printed notices put up in the most public places in said township, at least ten days before the time of their meeting (or as the order of the Court may be), and the said Commissioners having been duly sworn or affirmed, to perform their duties with fidelity, are to view the premises aforesaid, and they or any two of them are to report to this Court at the next term thereof, the lines of the proposed new district, according either to the bounds set forth in the peti- tion, or to such other bounds as they may think more advis- able, together with their opinion of the expediency of estab- lishing or not establishing the same, and with a plot or draft of the said Township of Penn, and of the lines of the said new district. By the Court. George Fisher, Clerk. SCHOOLS. 713 5. Report of Commissioners on Independent School District. P. 204, pi. 16, 17, 18. p. 167, pi. 9. 15 April 1834, P. L. 539. 26 April 1854, P. 489. 8 May 1855, P. L. 509. To the Honorable, the Judges within named : The undersigned, appointed by the annexed order, Commis- sioners for the purposes therein named, Respectfully report. That having given notice to the inhabitants of the Township of Penn, of the time and place of their meeting, as in said order is directed, they met at the house of Robert Bell, in said township, on the tenth day of May, in the year of our Lord one thousand eight hundred and sixty, and having been duly sworn and affirmed to perform with fidelity the duties assigned them in said order, they viewed the premises, and report to the Court the lines of the proposed new district as follows, viz. (setting them out), being other bounds than those which are set forth in the petition of the applicants, which the Commis- sioners think more advisable ; according to which bounds, in the opinion of the Commissioners, it is expedient to establish such independent school district ; and the Commissioners re- turn herewith a plot or draft of the said Township of Penn, and of the lines of the proposed new district. All which is respectfully submitted. John Gregg, Seth Jones, May 12, 1860. Abel Lea. 6. Order of Confirmation of Report of Commissioners. p. 167, pi. 10, 12. 8 May 1855, P. L. 509. 20 May 1857, P. L. 587. In the Matter of the ) Independent School I ^" *^^ ^^"'* "^^ Q"'^^*'^^ Sessions of District of Penn. J ^^'^ ^^^^^ ^^ ^^^'^^' County. And now, June 10, 1860, On the hearing of the report of the Commissioners in this case, by the unanimous consent of the Court, the same is confirmed, in order that the said district may .714 SCHOOLS. become to all intents and purposes of the Common School Sys- tem of this state, a separate and independent school district, subject however, to the provisions of the third and fourth sec- tions of an act entitled " An Act for the regulation and con- tinuance of a system of education by Common Schools," passed the eighth day of May, a. d. 1854 ; and on further hearing, the Court determined that an undue proportion of the real estate and school-houses belonging to the old district are within the bounds of the new district (or vice versa, as the case may be), and that the sum of five hundred dollars (or as the case may be), shall be paid therefor by the said new district to the said old district, in the following proportions and at the follow- ing times, viz. : Two hundred dollars on the first day of April next, and three hundred dollars on the first day of April, a. d. 1862 ; and said order for the payment of the said several sums of money shall, from this day, be in the nature of a judgment, and the amount shall be recoverable according to the provisions of the twentv-first section of the above-mentioned Act. 7. Petition to open Decree and annul Independent ScJiool District. p. 167, pi. 12. 20 May 1857, P. L. 587. In the Matter of the ~) Independent School I ^^ ^^^ ^°"^* ^^ ^^^^^^^ Sessions of District of Penn. J ^^^ ^^^^^ ^^ ^^^^^^' ^^^'"'y- To the Honorable, the Judges of the Court of Quarter Ses- sions of the Peace of Chester County : The petition of the undersigned, citizens of the Township of Penn in said county. Respectfully represents : That Commis- sioners appointed by this Court, on the tenth day of June last, reported, that it was expedient to establish an independent school district out of the said Township of Penn, according to the bounds set out in said report ; that the Court did on said day confirm said report, in order that said district should be- come a separate and independent school district, according to law. The petitioners further represent, tliat in their opinion SCHOOLS. 715 tlie said district has been created in violation of the principles declared in an act entitled " An Act declaratory of the powers of the Courts of Quarter Sessions to create Independent School Districts," passed the twentieth day of May, a. d. 1857. The petitioners therefore showing to the Court that they are not less than twenty citizens of said Township of Penn, and that the said township is affected by the creation of said independent school district, pray the Court to open the decree by which said independent district was created, and after re-examination on the merits, to annul said independent district. And they will, &c. James Wills, John Gregg, September 10, 1860. " &c., &c. (Affidavit of truth of petition to be appended.) 8. Order of Court on Application to annul Independent District. \ In the Court of Quarter Sessions of p. 167, pL 12. 20 May 1857, P. L 587. In the Matter of the v ,i -r. c n\. ^ n ^ ^ > the reace ot Chester County. Independent School tt ^■ ^- ^ ^ • ^ t\- _. I Upon application to annul said Dis- DiSTRicT OF Penn. ■" \ • , trict. And now, September 10,' 1860, On the petition of James Wills and others, being not less than twenty citizens of the Township of Penn in said county, the Court grant a rule on all parties interested, returnable on the tenth day of November next, to show cause why the decree of this Court of June 10, 1859, creating an independent school district out of the Town- ship of Penn, should not be opened and the said independent district annulled, in accordance with the provisions of the Act of the twentieth day of May, A. D. 1857, in such case made and provided ; And the Court further direct, that ten days' notice of the hearing of said rule be given to the school directors of the said independent district personally, and to all others inte- -716 SCHOOLS. rested, by at least five written or printed notices, put up in as many of the most public places in said independent district (or as the order of the Court may be). 9. Decree annulling Independent School District. p. 1G7, pi. 12. 20 May 1857, P. L. 587. .r ,, -X In the Court of Quarter Sessions of In the Matter of the | ,, t^ c r^^ . r^ . I the reace oi Chester County. Independent School > ^ t .• . ^ • i -r^- T-^ _ I Un application to annul said Dis- District of Penn. I . ■^ tnct. And now, November 10, 1860, Due proof having been made that notice of the hearing of the rule in this case has been given to all the parties interested, according to the order of the Court, and it appearing to the Court that the independent School Dis- trict of Penn has been created in violation of the principles of the Act of the twentieth day of May, A. D. 1857, the decree by which said district was created is opened, and upon a re-exami- nation upon the merits, and the evidence appearing to require it, the Court annul said independent School District of Penn. 10. Decree confirming an Independent District. p. 167, pi. 12. 20 May 1S57, P. L. 587. ^ In the Court of Quarter Sessions of In the Matter of the ) m -n e n\ ^ n ^ \ the Peace ot Chester County. Independent School V T^ ,. ^. , ^ ■ -i t\- ( upon application to annul said Dis- DiSTRiCT of Penn. I ^ . ^ ^ tnct. And now, November 10, 18(30, Due proof having been made that notice of the hearing of the rule in this case has been given to all the parties interested, according to the order of the Court, and upon re-examination of the case on the merits, the Court being of opinion that the said independent district has not been created in violation of the Act of the twentieth day of May, A. D. 1857, do confirm said independent district, the evidence appearing to require it. SCHOOLS. 717 11. Petition to abolish an Independent District. p. 167, pi. 13. 20 May 1857, P. L. 588. In the Matter of the ^ t ^x. n ^ e n -m / s T _, ( in the Court ot Common Pleas (a) Independent School V r. ^, , r. T. _^ I 01 Chester County. District of Penn. J '' To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of the undersigned, taxable citizens of The School District of Penn in said county, Respectfully repre- sents, That commissioners appointed by the Court of Quarter Ses- sions of the Peace of said county, on the tenth day of June last, reported to said Court, that it was expedient to establish an independent school district out of said School District of Penn, according to the bounds set out in said report, and that the Court did on said day confirm said report, and thereby erect the said independent school district out of the School District of Penn. The petitioners further represent, that they desire the abolition of said independent district, and therefore, showing to the Court that they are one-third of the taxable citizens of the said school district composed of the Township of Penn, pray the Court to hear and determine this application on its merits, and if deemed expedient, to discontinue the said district. And they will, &c. James Wills, August 1, 1860. John Gregg, &c., &c. (Aflfidavit of truth of petition to be appended.) (a) The Acts of May 8, 185.5, and the first Act of May 20, 1857, give the control of Independent Scliool Districts to tlie Courts of Quarter Sessions. The second Act of May 20, 1857, under which this form is prepared, probably by an inadvertence, confers the power of abolishing ou the Courts of Common Pleas. 718 SCHOOLS. 12. Order on Application to abolish an Independent District. p. 167, pi. 13. 20 May 1857, P. L. 588. , ,, ^ In the Court of Common Pleas of In the Matter of the | ^, ^ T c^ I Chester County. Independent School V^^ ,. • ■,-,■■, ., T^ -n 1 Upon appncation to abohsh said ■1 Distp.ict of Penn. I ^^. / ^ ' ^ District. And now, August 1, 1860, On the application of James Wills and others, one-third of the taxable inhabitants of the School District of Penn, — out of which the independent dis- trict of Penn has been erected, — a rule is granted on all parties interested, returnable on the tenth day of September next, to show cause why the said independent district should not be abolished ; and the Court further direct, that ten days' notice of the hearing of said rule be given to the school directors of said independent district, personally, and to all others interested, by at least five written or printed notices put up in as many of the most public places in said independent district (or as the order of the Court may be). 13. Decree discontinuing an Independent District. p. 167, pi. 1.3. 20 May 1857, P. L. 588. , In the Court of Common Pleas of In the Matter of the j _, ^ ( Chester County. Independent School V_-. t ■ . i vv -j ^ _, 1 Upon appncation to abolisn said District of Penn. ) v.- . ■ 1 -^ District. And now, September 10, 1860, Due proof having been made that notice of the hearing of the rule in this case has been given to all the parties interested, according to the order of the Court, and the Court having proceeded to hear and determine the ap- plication upon its merits, upon full consideration thereof, deem it expedient, and do order that the said Independent School District of Penn be discontinued. SCHOOLS, 719 14. Decree continuing an Independent District. P. 167, pi. 13. 20 May 1857, P. L. 588. - -_ N In the Court of Common Pleas of In THE Matter of the | Chester County. Independent School ^TTv^ r .• * -l v \ -j Tx -r. I «Jpon application to abolish said District of Penn. J jy.^^^.^^^ And now, September 10, 1860, Due proof having been made that notice of the hearing of the rule in this case has been given to all persons interested, according to the order of the Court; — and the Court having proceeded to hear and deter- mine the application upon its merits, upon full consideration thereof, do continue the said Independent District of Penn, for the period of five years from the first day of April next (or as the case may be.) 15. Petition to assess Damages for a Scliool-House Lot. p. 1452, pi. 1. 9 April 1867, P. L. 51. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of the School District of the Township of Penn (or of the owners of the land), Respectfully represents. That the board of directors of said district have been unable to procure an eligible site for the erection of a school-house as they have deemed expedient by agreement with owners of the land, and have on behalf of said district entered upon and occupied a certain piece of land, the property of James Taylor, in said Township of Penn, which they have designated and marked off as follows (describe the land), and which contains one hundred and fifty square perches, more or less, for the pur- pose of erecting thereon a school-house, with its necessary and convenient appertenances : The petitioners therefore pray the Court to appoint a jury of viewers, consisting of three dis- creet and disinterested citizens of said county, who shall not be owners of property or residents in said school district, and who having been duly sworn or affirmed, faithfully, justly and impartially to decide and a true report to make concerning all 720 SCHOOLS. matters and things submitted to them, and having viewed the premises, shall establish and determine the quantity and value of the land so taken to be used for the purposes aforesaid, and after having made a fair and just computation of the advan- tages and disadvantages, shall estimate and determine whether any, and if any, what amount of damage has been or may be sustained and to whom payable, and make report thereof to this Court. And they will, &c. James Gregg, President of said School District. George Boyd, January 30, 1860. Secretary. (Affidavit of the truth of petition to be appended.) 16. Order to Viewers. Chester county, ss. At a Court of Common Pleas, held and kept at West Chester for the County of Chester, on the thirtieth day of January, A. D. one thousand eight hundred and sixty, before the Honor- able Townsend Haines, President, and his Associates, Justices present : The petition of the School District of the Township of Penn was presented, setting forth that the board of directors, on behalf of said district, had entered upon and occupied a certain piece of land, the property of James Taylor, in said township, which they had designated and marked off as follows (describe as in the petition), and which contained one hundred and fifty square perches more or less, for the purpose of erecting thereon a school-house with its necessary and convenient appertenances, and praying the Court to appoint a jury of viewers to view the premises, &c., and report, amongst other things, what damages, if any, have been sustained, and to whom payable. Whereupon the Court do appoint Seth Lea, Robert Boyd and Abel Jones, three discreet and disinterested citizens of said SCHOOLS. 721 county, not owners of property or residents in said scliool dis- trict, who are to meet upon said land on the tAventy-fifth day of February next, at ten o'clock in the forenoon of said day ; and said viewers, or any two of them, having been first duly sworn or affirmed, faithfully, justly and impartially to decide and a true report make concerning all matters and things to be submitted to them, and having viewed the premises, shall estab- lish and determine the quantity and value of the land so taken to be used for the purpose of erecting thereon a school-house with its necessary and convenient appertenances for said school district, and after having made a fair and just computation of the advantages, shall estimate and determine whether any and, if any, what amount of damages has been or may be sustained and to whom payable, and make report thereof to this Court. Witness the Honorable Townsend Haines, President Judge of said Court, the day and year first above written. James Davis, [l. S.] Prothonotary. 17. Report of Vietvers. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The undersigned viewers, appointed by the order for the purposes therein specifically set forth. Respectfully report. That in pursuance of said order they met on the piece of land therein mentioned on the twenty-fifth day of February, A. D. one thousand eight hundred and sixty, and having been first duly sworn, as by the said order they are directed, in the presence of the petitioners and the said James Taylor (or as the case may be), they viewed the premises, viz. (describe the lot), a plot where- of is hereto annexed and made part of their report, and do estab- lish and determine the quantity of said land to be one hundred and fifty square perches, and that the value of the same is one hun- dred dollars, and after having made a fair and just computation of the advantages and disadvantages, they estimate and determine 46 722 TOWNSHIP. be sustained, at one hundred and fifty dollars, and that the same is payable to the said James Taylor (or as the case may be). (a) Witness the hands of the said viewers the first day of March iu the year aforesaid. Seth Lea, Robert Boyd, Abel Jones. TOWNSHIP. 1. Petition to divide Township. p. 204, pi. 16, 17. 15 April 1834, P. L. 539. To the Honorable, the Judges of the Court of Quarter Ses- sions of and for the County of Chester : The petition of the undersigned, inhabitants of the Township of Penn, in said county, Respectfully represents. That the said Township of Penn, by reason of its size, &c. (set out the inconveniences), is inconvenient to the inhabitants thereof, and that the convenience and advantage of said inhabit- ants would be greatly promoted by dividing said township, by a line commencing in the middle of Elk Creek, where the line between the Township of Oxford and said Township of Penn crosses said creek, thence down the several courses of the same to the line between the Township of Franklin and said Town- ship of Penn. The petitioners, therefore, pray the Court to divide the said township by the aforesaid line, and in accordance with the Act of Assembly in such case made and provided. And they will, &c. John Smith, James Jones, &c., &c. (Affidavit of truth of petition to be appended.) (a) See Harrisburg v. Crangle, 3 W. & S. 460 ; Dyer v. Wightman, 16 P. F. Smith 425. TOWNSHIP. 723 2. Petition for New Toivnship. p. 204, pi. 16, 17. 15 April 1834, P. L. 539. To the Honorable, the Judges of the Court of Quarter Ses- sions of the County of Chester : The petition of the undersigned, residents of the Townships of East Cain and West Whiteland, in said county. Respectfully represents. That by the incorporation of the borough of Downingtown, a large portion of the territory of said Township of East Cain has been taken out of the central part of the same, and that the eastern part of said township has been detached from the west- ern part, except by a small distance on the northern part thereof. The petitioners further represent, that the line between the said Townships of East Cain and West Whiteland, passes through the real estate of James Wills, leaving the great bulk of said real estate in East Cain Township, and a comparatively small portion of it in West Whiteland Township. The petitioners further represent, that the convenience and interest of the inhabitants of said Township of East Cain, and of that part of said Township of West Whiteland hereafter men- tioned, would be greatly promoted by the erection of a new township out of parts of said townships, by the following lines, viz. : Beginning at a point, &c. (stating it), to a stump in the line between the Township of East Cain and West Bradford, thence south-eastwardly along the line between the said Town- ships of East Cain and West Bradford, to the line between the said Township of East Cain and the Township of East Bradford ; thence eastwardly, along the last-mentioned line, to the line be- tween the sai4 Townships of East Cain and West Whiteland ; thence along the same northwardly, to the south-east corner of land of John Gregg in the said Township of East Cain ; thence eastwardly, along the line of lands late of Enoch Rex, deceased, to a walnut tree, a corner of lands of George Boyd and the said James Wills in the said Township of West Whiteland ; thence northwardly, along the same to the south line of the Township 724 Towxsmp. of UwcLlan, and westwai'dlj, along said line, being the line between the said Townships of East Cain and Uwchlan, to the place of beginning. The petitioners, therefore, pray the Court to erect a new township out of the said Townships of East Cain and West Whiteland as aforesaid, and in accordance with the Act of As- sembly in such case made and provided. Seth Jones, James Wills, &c., &c. (Affidavit of truth of petition to be appended.) 3. Petition to alter Line. p. 204, pi. 16, 17. 15 April 1S34, P. L. 539. To the Honorable, the Judges of the Court of Quarter Ses- sions of the County of Chester : The petition of the undersigned, inhabitants of the Townships of Penn and Elk in said county, respectfully represents, That the line between the Townships of Penn and Elk in said county as now established, is so located (setting out the incon- venience), that the convenience of the inhabitants of said town- ships would be greatly promoted, by altering the line between said townships as follows, viz. : To begin at the point where the line between said townships strikes the Township of Oxford, thence, &c. (setting out the proposed route), to a point where the line between land of John Jones and James Smith strikes the line between the Township of Oxford and said Township of Penn. The petitioners, therefore, pray the Court to alter the lines of the said Townships of Penn and Elk as aforesaid, so as to suit the convenience of the inhabitants thereof. And they will, &c. John Jones, James Smith, &c., &c. (Affidavit of truth of petition to be appended.) TOWNSHIP. 725 4. Petition to establish Lines. p. 204, pi. 16, ir. 15 April 1834, P. L. 539, To the Honorable, the Judges of the Court of Quarter Ses- sions of Chester County : The petition of the Undersigned, inhabitants of the Townships of Penn and Elk in said county. Respectfully represents, That by reason of the obliteration of the artificial monuments, and doubts existing as to the true natural landmarks of the line between the Townships of Penn and Elk in said county, great uncertainty exists as to the precise location of said line, and that the inhabitants of said townships are much incon- venienced thereby. The petitioners, therefore, pray the Court to cause the line between said townships to be established. And they will, &c. John Jones, James Smith, &c., &c. (AflBdavit of truth of petition to be appended.) 5. Order to Commissioners. p. 204, pi. 16, 17. 15 April 1834, P. L. 639. Chester county, ss. At a Court of Quarter Sessions of the Peace, [Seal,] held at West Chester for said county, on the ninth day of May, A, d. 1860, before the Honorable Townsend Haines, President, and his Associates, Judges of said Court : The petition of sundry inhabitants of the Townships of East Cain and West Whiteland in said county, was presented, setting forth, That by the incorporation of the borough of Downingtown, a large portion of the territory of said Township of East Cain has been taken out of the central part of the same, and the eastern part of said township has been detached from the western part, except by a small distance on the northern part 726 TOWNSHIP. of the said township ; that the line between the said Townships of East Cain and. West Whiteland, passes through the real estate of James Wills, leaving the great bulk of said real estate in East Cain Township, and a comparatively small portion of it in West Whiteland Township ; and that by reason of the premises, it would be greatly to their convenience, that a new township should be erected out of the said Townships of East Cain and West Whiteland, by the following lines, viz. : Beginning at a point (set out as in petition) ; and praying the Court to erect a new township out of the said Townships of East Cain and West Whiteland as aforesaid, and in accordance with the Act of Assembly in such case made and provided. Whereupon, the Court, upon due consideration, appoint Seth Jones, Abel Lea and Paul John Commissioners, who are to give notice to the in- habitants of said townships, of the time and place of their meet- ing, by twenty written or printed notices put up in the most public places in said townships, at least ten days (or as the order may be), before the time of their meeting, and having been duly sworn or affirmed to perform their duties with fidelity, are to inquire into the propriety of granting the prayer of the petitioners ; and the said Commissioners, or any two of them, are further directed to make a plot or draft of the said Town- ships of East Cain and West Whiteland and of the division lines proposed to be made therein, and of the lines of the town- ship proposed to be laid off, all of which, the said Commissioners, or any two of them, shall report to our next Court of Quarter Sessions, together with their opinion of the same, and their opin- ion of the propriety of granting the prayer of the petitioners. By the Court. George Fisher, Clerk. 6. Report of Commissioners. p. 204, pi. 17. 15 April 1834, P. L. 539. To the Clerk of the Court of Quarter Sessions of the County of Chester: TOWNSHIP. 727 The undersigned, appointed bj the annexed order Commis- sioners for the purposes therein mentioned, Respectfully re- port : That having given notice to the inhabitants of the Township of East Cain and West Whiteland, of the time and place of their meeting, as is in said order directed, they met at the house of Robert Bull, in said Township of East Cain, on the fourth day of May instant, and having been duly sworn and affirmed to perform the duties assigned to them by said or- der with fidelity, and having inquired into the propriety of granting the prayer of the petition in said order mentioned, they made a plot or draft of the said Township of East Cain and West Whiteland, and of the division line proposed to be made therein, and of the township proposed to be laid off (which said plot or draft is hereto annexed), the lines of which said township are as follows, viz. : Beginning at a point in the line dividing the Township of East Cain from the Township of Uwch- lan, where the East Branch of Brandywine Creek crosses the same, thence, &c. (setting out courses, &c.,) and ending at the place of beginning ; They further report that they are of opinion that the erection of a new township, according to the aforesaid lines, would be to the convenience of the inhabitants thereof, and therefore, that in the opinion of the Commissioners it is proper that the prayer of the petitioners should be granted, and that such new township should be erected. All which is respectfully submitted, John Gregg, Job Reed, May 11, 1855. Eli Davis, Commissioners. 7. Order for Vote on Division, ^c. p. 204, pi. 19, 20. 14 April 1857, P. L. 93. At a Court of Quarter Sessions held and kept at [Seal.] West Chester for the County of Chester, the tenth day of August, in the year of our Lord one thou- 728 TOWNSHIP. sand eight liundred and fifty-five, before the Honorable Town- send Kaines, President, and his Associates, Justices present : The commissioners appointed to inquire into the propriety of granting the prayer of the petition of divers inhabitants of the Townships of East Cain and West Whiteland, asking for the erection of a new township out of parts of said townships, having on the sixth day of August instant, made a return favor- able to the erection of such new township, and reported that in their opinion a new township ought to be erected according to the following lines, viz. : beginning at a point (setting out lines), and ending at the place of beginning, and it appearing that the largest number of taxables to be embraced in the pro- posed new township is to be taken from the said Township of East Cain, the Court order a vote of the qualified electors of the said Township of East Cain, and also the qualified electors of the said Township of West Whiteland residing within the bounds of the said new township, on the question of the erec- tion of the said new township, and the Court further order, that the election officers of the said Township of East Cain shall hold an election for that purpose at the place fixed by law for holding township elections in said Township of East Cain, on the first day of September next, of the time and place of holding which election the constable of the said township shall give notice according to law. By the Court. M. Hyars, Clerk. 8. Return of Election Officers on Vote, p. 205, pi. 26. 24 April lSo7, P. L. 304. To the Honorable, the Judges of the Court of Quarter Ses- sions of Chester County : The undersigned, election officers of the Township of East Cain in said county, having in pursuance of an order of said Court, tested the tenth day of August, A. D. one thousand eight hundred and fifty-five, held an election, as is in said order TRUSTEES AND ASSIGNEES. 723 directed, and having in all respects proceeded according to law, Do certify that the number of votes for the erection of the pro- posed new township in said order directed was one hundred (100), and the number of votes against the erection of said new township was ninety (90). Witness our hands the first day of September, a. d. one thousand eight hundred and fifty-five. ■pV tr • 1 John Jones, Judge. hh Haines, I _ -r. . , T T r (jeorge Brown, Abel Lea, tot pj 1 J James Smith, Inspectors. 9. Order of Court after Vote. P. 205, pi. 26. 24 April 1857, P. L. 304. And now, September 20, 1859, The returns of the officers of the election of the Township of East Cain, held the first day of September instant, on the question of the erection of a new township out of parts of said Township of East Cain and the Township of West Whiteland having been laid before the Court, and it appearing to the Court that a majority of the votes taken at said election are for a new township ; it is thereupon ordered and decreed, that the said township be erected agree- ably to the lines marked out and returned by the commission- ers, and it is further ordered and decreed, that the name of said township shall be Baldwin. TRUSTEES AND ASSIGNEES. 1. Petition for Appraisers of Proper ti/ Assigned to Creditors. p. 968, pi. 2. 14 June 1836, P. L. 630. To the Honorable, the Judges of the Court of Common Pleas of Chester County : 730 TRUSTEES AND ASSIGNEES. The petition of James Wills, Respectfully represents, That John Gregg and Sarah his wife, on the first day of April, in the year of our Lord one thousand eight hundred and fifty-nine, made a voluntary assignment of their estate, real and personal, to the petitioner in trust for the creditors of him the said John Gregg. The petitioner therefore prays the Court to appoint two or more disinterested and competent persons to appraise the estate and efi'ects so assigned. And he will, &c. April 5, 1859. James Wills. (Affidavit of truth of petition to be appended.) 2. 07'der appoiiiting Appraisers. p. 61, pi. 9, 10. P. 968, pi. 2. 14 June 1836, P. L. 6301 In the Matter of the Estate , OP John Gregg, assigned to I In the Court of Common Henry Rose for the benefit [ Pleas of Chester County. of creditors. ^ And now, March 5, 1855, On the petition of George Wills, a creditor of said John Gregg, the Court appoint Seth Jones and Abel Lea appraisers of the estate and effects so assigned : And the said appraisers, or any two of them, having first taken an oath or affirmation to discharge their duties with fidelity, are forthwith to proceed to make an appraisement of the estate and effects so assigned, according to the best of their judgment, and having completed the same, to return the inventory and ap- praisement to the Court. James Davis, [Seal.] Prothonotary. 3. Oath of Appraisers ayid Inventory, with Affidavit of Assignee. p. 61, pi. 9, 10. p. 968, pi. 2. 14 June 1836, P. L. 630. Chester county, ss. Seth Jones and Abel Lea, appointed by the annexed order, TRUSTEES AND ASSIGNEES. 731 to appraise the estate and effects of John Gregg, assigned to James Wills in trust for his creditors, being duly sworn, say that as such appraisers, they will discharge their duties with fidelity. Sworn and subscribed, April ^ Seth Jones, 10, 1859, before > Abel Lea. John Graves, J. P. J P. 61, pi. 8. 14 June 1836, P. L. 630. Inventory of the estate and effects assigned by John Gregg to Henry Kose for the benefit of creditors. Team of five horses, . $500 00 Wagon, ..... 100 00 Five sets harness, 100 00 Farm of 70 acres in Penn Town- ship at $90 per acre, 6300 00 $7000 00 Appraised March 6, a. d. 1855, by Seth Jones, Abel Lea. Chester county, ss. James Wills, the above-named assignee, being duly sworn, says, that the foregoing schedule is a full and complete inventory of all the estate and effects assigned to him on the first day of March, A. D. 1865, by John Gregg, in trust for creditors, so far as the same have come to his knowledge. Sworn and subscribed, March ^ Henry Rose. . 10, A. D. 1855, before I Henry Fleming, a Jus- [ tice of the Peace. ^ 732 TRUSTEES AND ASSIGNEES. 4. Petition of Assignor to have Articles set aside, ^c. p. 1313, pi. 1. 4 May 1864, P. L. 762. To the Honorable, the Judges of the Court of Common Pleas of Chester County: The petition of John Gregg, Respectfully represents, That on the first day of January last past he executed and delivered an assignment of all his estate and property to James Wills, in trust for the benefit of the creditors of the petitioner, by which he transferred to the said James Wills articles of household furniture and things for domestic use ; that said articles have been included in an appraisement duly made of the said assigned estate of the petitioner, and filed in the office of the Prothonotary of this Court on the tenth of January last. The petitioner therefore prays the Court to have set aside for the use of himself and family, the articles and things, part of them assigned and appraised as aforesaid, and specified in the schedule hereto annexed, and not exceeding in value at the appraisement thereof three hundred dollars, and that the Court, after due notice to his creditors, will order that the said articles may be released from the assigned estate and handed to him. And he will pray, &c. February 1, 1860. John Gregg. (Affidavit of truth of petition.) Schedule of articles and things with their value as in the inventory, viz. (state articles particularly, with value of each). 5. Bond of Assignee. P. 969, pi. 5, 6. 14 June 1836, P. L. 631. Know all men by these presents, that we, James Wills, assignee of John Gretro; and wife, in trust for the creditors of the said John Gregg, — Seth Jones and Abel Lea, all of the County of Chester, are held and fii-mly bound unto the Commonwealth of Pennsyl- TRUSTEES AND ASSIGNEES. 733 vania in the sum of two thousand dollars, lawful money of the United States, to be paid to the said Commonwealth, her certain attorney and assigns, to which payment well and truly to be made, we bind ourselves jointly and severally, our heirs, executors and administrators, firmly by these presents ; Sealed with our seals, dated the first day of May, in the year of our Lord one thousand eight hundred and fifty-nine : The condition of this obligation is such, that if the above-bounden James Wills, as- signee aforesaid, shall in all things comply with the provisions of the Acts of Assembly in such case made, and shall faithfully execute the trust confided to him, then the above obligation to be void, or else to remain in full force and virtue. Sealed and delivered in the^ James Wills, [l. s.] presence of I Seth Jones, [l. s.J Job Mann, f Abel Lea. [l. s.] James Davis. ^ 6. Petition for Citation to Assignee to Settle Account. P. 969, pi. 7, 8. 14 June 1836, P. L. 631. In the Estate of John Gregg ) In the Court of Common and Wife, Assignors. j Pleas of Chester County. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of George Boyd, Respectfully represents : That John Gregg and wife, on the first day of April, in the year of our Lord one thousand eight hundred and fifty-nine, made a voluntary assignment of all their estate and effects, real and personal, to James Wills, in trust for the creditors of the said John Gregg : That the said James Wills assumed the duties of the said trust, and filed an inventory of the estate and effects assigned, amounting to one thousand dollars (or as the case may be), (a) and possessed himself of said estate and efi"ects ; that (a) See Wliitm.y^s Appeal, 10 Harris 500. 734 TRUSTEES AND ASSIGNEES. more than a year has elapsed since the date of said assignment, and that the assignee has not exhibited in this Court the ac- counts of said trust. The petitioner further showing to the Court, that he is a creditor (or as the case may be), of said John Gregg, and interested in said trust, prays the Court to issue a citation to the said James Wills, requiring him to appear and exhibit in this Court under oath or affirmation, the accounts of said trust, within a time certain to be named in said citation. And he will, &c. George Boyd. (Affidavit of truth of petition to be appended.) 7. Petition to Dismiss Trustee for Default, ^c. p. 969, pi. 12. P. 970, pi. 16, 19. 14 June 1836, P. L. 633. In the Estate of John Gregg > In the Court of Common and Wife, Assignors. J Pleas of Chester County. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of George Boyd, Respectfully represents : That the said John Gregg and wife, on the first day of April, in the year of our Lord one thousand eight hundred and fifty-nine, made a voluntary assignment of their estate and efi"ects to James Wills for the benefit of the creditors of the said John Gregg ; that the said James Wills has neglected and refused to file a true and complete inventory of said estate and effects (or as the cause of complaint may be). The petitioner, further show- ing that he is a creditor of said John Gregg (or as the case may be), and interested in said trust estate, prays the Court to issue a citation to the said James Wills, requiring him to appear at a time in said citation to be named, and show cause why he should not be dismissed from his trust. And he will, &c. June 1, 1860. George Boyd. (Affidavit of truth of petition to be appended.") TRUSTEES AND ASSIGNEES. 735 8. Petition to Dismiss Assignee on Surety Failing or Removing. P. 969, pi, 14. 14 June 1836, P. L. 632. In THE Estate of John Gregg ) In the Court of Common and Wife, Assignors. j Pleas of Chester County. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of George Boyd, Respectfully represents, That the said John Gregg and wife, on the first day of April, in the year of our Lord one thousand eight hundred and fifty- nine, made a voluntary assignment of their estate and eff'ects for the benefit of the creditors of the said John Gregg, to James Wills, who filed an inventory amounting to one thousand dollars, and entered into bond to the Commonwealth in the sum of two thousand dollars, with Seth Jones and Abel Lea as his sureties, who were approved by the Court, conditioned for the faithful execution, by the said James Wills, of his trust afore- said : — That the said Abel Lea, one of said sureties, is in fail- ing circumstances, having himself made an assignment for the benefit of his creditors (or has removed out of the Common- wealth, or has signified his intention to remove out of the Com- monwealth, as the case may be). The petitioner showing to the Court, that he is a creditor of said John Gregg (or as the case may be), and interested in the estate so assigned as afore- said, prays the Court to issue a citation to the said James Wills to appear before this Court at a time therein to be named, to show cause why he should not be dismissed from his trust. And he will, &c. April 1, 1860. George Boyd. (Affidavit of truth of petition to be appended.) 736 TRUSTEES AND ASSIGNEES. 9. Petition for Appointment of Temporary Trustee. p. 970, pi. 18. 14 June IS.ie, P. L. 633. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of George Boyd, Respectfully represents, That John Gregg, late of the Township of Penn in said county, died about the month of March, in the year of our Lord one thousand eight hundred and fifty-nine, having made his last will and testament, dated the first day of January in the same year, and duly proved on the twentieth day of the same month of March ; that by said will the testator, amongst other things, gave and devised to James "Wills and to his heirs, a certain messuage and tract of land (describe it shortly) to be held in trust by him for the use of the petitioner (set out trust), that the said James Wills is an infant (stating age, or is tempo- rarily absent in Europe, or as the case may be) ; the petitioner, therefore, prays the Court to appoint a trustee in the place of said James Wills, to have, during said period, all the poAvers necessary for the administration of the trust. And he will, &c. George Boyd. (Affidavit of truth of petition to be appended.) 10. Petition to Dismiss tvhere Trustee is Lunatic. p. 970, pi. 20. 14 June 1836, P. L. 633. In the Estate of John ') r ^-l n ^ c n t>i c ^ , ,^_ - ( in the Court oi Common Pleas ot Gregg and Wife, As- > rti . /-i ' I Chester County, signers. J To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of George Boyd, Respectfully represents, That John Gregg and wife did, on the first day of April last, make a voluntary assignment of their estate and effects, for the benefit of the creditors of the said John Gregg, to James TRUSTEES AND ASSIGNEES. 737 Wills, wlio assumed the duties of said trust ; that the said James Wills, by an inquisition under the authority of this Court was, on the first day of August last, duly declared to be a lunatic (or as the case may be), the petitioner therefore showing to the Court that he is a creditor of the said John Gregg (or as the case may be), and interested in said trust, prays the Court, on due proof, to dismiss said James Wills. And he will, &c. October 28, 1860. George Boyd. (Affidavit of truth of petition to be appended.) 11. Order for Citation to Lunatic, ^c, Trustee. p. 9T0, pi. 20. 14 June 18.36, P. L. 633. ^ In the Court of Common Pleas of In the Estate of John ) Chester County. Gregg and Wife, As- j On the petition of George Boyd to signors. J dismiss Assignee. And now, October 28, 18G0, The petition of George. Boyd being read, the Court direct a citation to issue to the said James Wills, to appear in Court on the tenth day of December next, and show cause why he should not be dismissed from his trust, as assio;nee of John Greo-o; and wife. 12. Order to Deliver Books, ^r., on Dismissal. p. 970, pi. 20, 21. 14 June 1836, P. L. 633. -. In the Court of Common Pleas of In the Estate of John I Chester County. Gregg and Wife, As- r On the petition of George Boyd to signors. J dismiss Assignee. And now, December 10, 1869, It appearing to the Court that the citation in this case has been duly served on James Wills therein named, and the said James Wills not appearing, the Court on due proof that the said James Wills has been duly declared to bo a lunatic (or as the case may be), do dismiss 47 738 TRUSTEES AND ASSIGNEES. him from his trust as assio-nee of the said John Gregs: and wife ; and do further order that all books, papers, moneys and effects in the hands of the said James Wills be forthwith deli- vered to Seth Jones, whom the Court appoints to receive the same, he, the said Seth Jones, having first entered into bond to the Commonwealth, with Enoch Rex and Abel Lea as his sureties, who are approved by the Court, in the sum of two thousand dollars, conditioned for the faithful execution of his trust as receiver aforesaid. 13. Petition of Trustee to he Discharged. p. 970, pi. 22. 14 June 1836, p. L. 633. lln and Wife, Assignors. J Pleas of Chester County. To the Honorable, the Judges of the Court of Common Pleaa of Chester County aforesaid : The petition of James Wills, Respectfully represents. That John Gregg and wife did, on the first day of April last, make a voluntary assignment of all their estate and effects in trust for the creditors of the said John Gregg to tbe petitioner (or as the case may be, stating the nature of the trust), that the petitioner as such assignee (or as the case may be), assumed said trust, filed an inventory of said estate and effects, amounting to one thousand dollars, and gave bond according to law ; that he has proceeded in the execution thereof and has sold all the personal estate of the assiOTor and collected debts due to the estate, in the whole amount- ing to five hundred dollars (or as the case may be), and has paid expenses amounting to one hundred dollars ; that the said assignee has duly settled his accounts of said trust, so far as he has acted therein, which accounts were confirmed by this Court, on the tenth day of the present month of December, and that by said account, there appears to be in his hands a balance of four hundred dollars, beside the real estate assigned to him, which remains unsold : The petitioner further represents, that by rea- son of failing health (set out the reason), he is desirous to be TRUSTEES AND ASSIGNEES, 739 discharged from the said trust, upon surrendering the trust estate remaining in his hands, to such other assignee as may be appointed to receive the same, and shall have performed such other matters as may be required in equity. And he will, &c. December 14, 1860. James Wills. (Affidavit of truth of petition to be appended.) 14. Order of Notice, ^c, on Application of Trustee for Dis- charge. p. 970, pi. 22. 14 June 1836, P. L. 633. T -n T -\ In the Court of Common Pleas of In the Estate of John | „, „ ^ . ^.j . I Chester County. Gregg and Wife, As- > ^ , ..•'„, .„.„ I On the petition oi James Wills, signers. ) . . ^ 1 1. 1 ^ Assignee, to be discharged. And now, December 14, 1860, On the petition of James Wills, assignee in trust for the creditors of John Gregg, pray- ing to be discharged from his trust, the Court appoint the twenty-eighth day of January next, for hearing said applica- tion, and direct that notice of the same and the time of hearing thereof, be given to all parties interested in said trust, by adver- tisement in the " Star," a public newspaper published in the County of Chester, and the "Press," a public newspaper pub- lished in the City of Philadelphia, once a week for four succes- sive weeks prior to the hearing. 15. Discharge of Trustee on his Request, and Order to Deliver Estate, ^c. p. 970, pi. 22. 14 June 1836, P. L. 633. T -17^ ..„„ „^ T^ ^ I"^ t^6 Court of Common Pleas of In the Estate of John ) ^, ^ ^ , „r A ( Chester County. Gregg and Wife, As- V „ , . . ^ , ^ „,.„ I On the petition of James Wills, signors. ) A • , 1. , , Assignee, to be discharged. And now, January 28, 1861, It appearing to the Court, that 740 TRUSTEES AND ASSIGNEES. notice of the hearing of the application of James Wills, assignee in trust for creditors of John Gregg and wife, to be discharged from his trust, has been duly published according to the order of the Court, and it further appearing that the said James Wills has settled his accounts of said trust, which have been duly confirmed by this Court, and it further appearing that the facts in the case are such as in equity, entitle the said James Wills to relief: — the Court discharge the said James Wills from his said trust, upon his surrendering the trust estate remaining in his hands, and delivering all books, papers, moneys and effects in his hands (or whatever the order of the Court may be), to Seth Jones, who is appointed by the Court to receive the same. 16. Petition to Fill Vacant Trust. p. 971, pi. 23. 14 June 1836, P. L. 633, In the Estate of John ) t .i n . r n -m c „ , ,„ .In the Court oi Common Jfleas of (jrREGG and V\ ife, As- > ^, ^ I Chester County, signers. J To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of George Boyd, Respectfully represents, That John Gregg and wife, on the first day of April last, made a voluntary assignment of all their estate and effects to James Wills, in trust for the creditors of the said John Gregg (or stating nature of trust) ; that the said James Wills assumed said trust and has since died (or as the case may be), the peti- tioner showing that he is a creditor of the said John Gregg (or as the case may be), and interested in the estate which is the subject of said trust, prays the Court to appoint an assignee (or trustee), in place of the said James Wills. And he will, &c. May 1, 1860. George Boyd. (Affidavit of truth of petition to be appended.) TRUSTEES AND ASSIGNEES. 741 17. Order of Notice for Appointment of Assignee. p. 971, pi. 24, 25. 14 June 1836, P. L. 634. T „ T -\ In the Court of Common Pleas of In the Estate of John ) ^^ ^ ^ , „^ A I Chester County. Gregg and Wife, As- > ^ , . . "^ ^ ^ -r. i Un the petition oi Creorge iioycl signers. j r • X i. r A ■ ° tor appointment ot Assignee. And now, May 1, 1860, On the petition of George Boyd, praying for the appointment of an assignee of the estate and eflFects of John Gregg and wife, assigned to James Wills in trust for creditors, in place of said James Wills, deceased, the Court appoint the tenth day of June next for the hearing of said application, and direct notice of said application and the hear- ing thereof to all persons interested, by advertisement in the " Star," a public newspaper published in said County of Ches- ter, and the "Press," a public newspaper published in the City of Philadelphia, once a week for four successive weeks prior to the hearing. In the Estate of John^ 18. Appointment of New Trustees. p. 971, pi. 25. 14 June 1836, P. L. 634. In the Court of Common Pleas of Chester County. Gregg and Wife, As- > ^ ., ... n r^ n ^ I On the petition ot George Uoyd ^ * -^ for appointment of Assignee. And now, June 10, 1860, It appearing to the Court that notice of the hearing of the application of George Boyd for the appointment of an assignee in the place of James Wills, de- ceased, has been published according to the order of the Court, the Court, upon due consideration, appoint Seth Jones, assignee (or trustee), in the place of the said James Wills, deceased, he having first entered into bond to the Commonwealth, with Enoch Rex and Abel Lea as his sureties, who are approved by the Court, in the sum of two thousand dollars, conditioned for 742 TRUSTEES AND ASSIGNEES. the faithful execution of the trust confided to him, (a) and the said Seth Jones shall be liable to the same duties and have the same powers and authorities in relation to the trust, and shall be subject to the jurisdiction and control of the Court in the same manner to all intents and purposes as the said James Wills. 19. Application of Sureties of Discharged Trustee to he Discharged. P. 971, pi. 27. 14 June 1836, P. L. 634. In the Estate of John Gregg "I In the Court of Common and Wife, Assignors. j Pleas of Chester County. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Enoch Rex and Abel Lea, Respectfully represents, That John Gregg and wife, on the first day of April, in the year of our Lord one thousand eight hundred and sixty, made a voluntary assignment of their estate and effects to James Wills in trust for creditors ; that the said James Wills assumed said trust, filed an inventory of said estate and effects amount- ing to one thousand dollars, and entered into bond to the Commonwealth, with the petitioners as his sureties, in the sum of two thousand dollars, conditioned according to law ; that on the twenty-eighth day of January last this Court made a decree discharging the said James Wills from his said trust, and order- ing him to surrender the trust estate remaining in his hands, and to deliver all books, papers, moneys and effects in his hands to Seth Jones, who was appointed by the Court to receive the same; the petitioners further represent, that the said James Wills has complied with the aforesaid order of the Court and all other orders made in the premises. They therefore pray the Court to make an order discharging them from liability for (a) Security is to be given only in cases required by law. TRUSTEES AND ASSIGNEES. 743 any acts of said James Wills, after the date of the said order of discharge. And they will, &c. Enoch Rex, Abel Lea. (Affidavit of truth of petition to be appended.) 20. Petition of Trustee for Discharge on Execution of Trust. P. 972, pi. 40. P. 97.S, pi. 43. 22 March 1825, 8 Sm. L. 405. ] 4 April 1828, 10 Sm. L. 224. In the Estate of \ In the Court of Common Pleas of Chester John Gregg. j County. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of James Wills, Respectfully represents, That John Gregg, by deed dated the first day of April, in the year of our Lord one thousand eight hundred and fifty, assigned and transferred to the petitioner (describe property), amounting to one thousand dollars, in trust, to invest the same and receive the income thereof and pay said income to Jane Robb, the daughter of the said John Gregg, during the life of George Robb, her husband, and after his death to pay the prin- cipal sum to the said Jane Robb. The petitioner further repre- sents, that the said George Robb has died ; that your petitioner has filed in the office of the Prothonotary of this Court, his account as trustee aforesaid, under oath, exhibiting in said account a particular statement of the receipts and expenditures, and showing in his hands a balance of nine hundred dollars ; and that said account was approved by this Court, on the tenth day of March last, and the balance paid over to the said Jane Robb by order of the Court, and that he has in all respects executed the trust delegated to him : — lie therefore prays the Court to dischai'ge him from his trust aforesaid. And he will, &c. April 1, 18G0. James Wills. (Affidavit of truth of petition to be appended.) 744 TRUSTEES AND ASSIGNEES. 21. Order for Citation to Cestui que Trust on Application of Trustee for Discharge. p. 972, pi. 40. 22 March 1825, 8 Sm. L. 405. . In the Court of Common Pleas of In the Trust Estate I Chester County. OF John Gregg. ( On the petition of James "Wills, Trus- ^ tee, to be discharged. And now, April 10, 1860, Upon the petition of James Wills, praying for a discharge as Trustee of the Estate conveyed by John Gregg in trust for Jane Robb, the Court direct a citation to issue to the said Jane Robb, requiring her to appear in this Court on the fifth day of May next to show cause why the said James Wills should not be discharg-ed from said trust. 22. Order Discharging Trustee on Execution of Trust. p. 972, pi. 40. 22 March 1825, 8 Sin. L. 405. -,^ In the Court of Common Pleas of In the Trust Estate I Chester County. OF John Gregg. f On the petition of James Wills, Trus- ■^ tee, to be discharged. And now. May 10, 1860, On the return of the citation in this case, it appearing that the same had been duly served on Jane Robb, the Court proceeded to hear and determine the matter, and it appearing that the said James Wills has executed said trust agreeably to his powers, the Court order and decree that he be discharged from said trust for ever. 23. Application against Trustee for Account. p. 970, pi. 15. 14 June 1836, P. L. 632. In the Trust Estate of "I In the Court of Common Pleas John Gregg, deceased. J of Chester County. TRUSTEES AND ASSIGNEES. 745 To tlie Honorable, tlie Judges of the Court of Common Pleas of Chester County : The petition of James Gregg, Respectfully represents. That John Gregg, of the Township of Penn, in the County of Chester, died in the month of November, one thousand eight hundred and fifty, having made his last will and testament, dated the first day of April and duly proved on the first day of December in the same year ; that by his said will he did give and bequeath, amongst other things, as follows, viz. (set out as much of will as will show the trust), and that at the time of the commencement of said trust, the said James Wills, the trustee therein named, resided (or the " said corporation was situate," or " the principal ofiicers of said corporation resided"), in the said County of Chester; that the said James Wills (or corporation, naming it), assumed said trust, and possessed him- self of the trust estate, amounting to the sum of one thousand dollars or more ; that the said James Wills (or as the case may be), has exhibited into this Court no account of the management of said trust estate and funds (or as the case may be). The peti- tioner showinfj as aforesaid, that he is interested in the said trust estate and funds, prays the Court to issue a citation to the said James Wills (or as the case may be), requiring him to appear in Court at a certain time to be specified in said citation, and exhibit an account of the management of said trust estate and funds (or whatever relief may be desired). And he will, &c. James Gregg. (Affidavit of petitioner to be appended.) 24. Petition for Dismissal of Trustee, under Act of April 1,\m^. p. 974, pi. 53. 7 April 1859, P. L. 406. In the Estate of John \ In the Orphans' Court of Chester Gregg, deceased. J County. To the Honorable, the Judges of the Orphans' Court of Chester County : 746 TRUSTEES AND ASSIGNEES. The petition of James Gregg, Respectfully represents, That John Gregg, of the Township of Penn in the said County of Chester, died in the month of February last, having made his last will and testament, dated the first day of April, in the year of our Lord one thousand eight hundred and fifty-nine, and duly proved the tenth day of March last ; that by the said will he gave and bequeathed as follows, viz. (set out trust) ; that the said James Wills, the trustee, assumed the said trust, and possessed himself of the trust funds, amounting to one thousand dollars and upwards, and has failed and neglected to pay over the income of the said trust funds according to his duty under &!iid trust (or as the facts may be, setting out the ground of complaint). The petitioner showing as aforesaid, that he is interested in said trust estate, prays the Court to dismiss the said James Wills, and make such further order in the premises as to the Court shall seem necessary and proper for the protec- tion of the rights and interests under said trust. And he will, &c. James Gregg. (Affidavit of truth of petition to be appended.) 25. Petition to Jill Vacant Trust. p. 308, pi. 213, p. 947, pi. 52. 22 April 1846, P. L. 483. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of Sarah Robb, Respectfully represents. That John Gregg, of the Township of Penn, died on or about the first day of March, A. D. one thousand eight hundred and fifty, having first made his last will and testament, dated the first day of January in the same year, since bis decease duly proven on the tenth day of March aforesaid ; that in and by the said will, he gave and bequeathed, amongst other things, as follows, viz. : " I give and bequeath to John Rex the sum of ten thousand dollars, in trust nevertheless, safely to invest the same, and to pay the interest thereof to my wife Mary Gregg, annually during her life, and at her death to pay the said sum TRUSTEES AND ASSIGNEES. 747 of ten thousand dollars to my daughter Sarah Rohb ;" the peti- tioner further represents, that the said John Rex took upon himself the burden of the execution of said trust, received the said sum of ten thousand dollars, and died on the twelfth day of June last, whereby a vacancy has been occasioned in said trust ; the petitioner, therefore, showing that she is the same Sarah Robb named in the above-mentioned bequest, prays the Court to appoint another trustee to supply said vacancy. And she will, &c. Sarah Robb. (Affidavit of truth of petition to be appended.) 26. Petition to fill Trust after Renunciation of Executor Trustee. p. 974, pi. 54. 13 April 1859, P. L. 611. P. 1325, pi. 2. In the Estate of John Gregg, 1 In the Orphans' Court of deceased. / Chester County. To the Honorable, the Judges of the Orphans' Court of Chester County : The petition of George Robb and Mary Robb his wife. Respectfully represents, That John Gregg, late of the Township of Penn in said County of Chester, died in the month of March, one thousand eight hundred and fifty-seven, having made his last will and testament in writing, dated the first day of April, in the year of our Lord one thousand eight hundred and fifty-five, and proved on the tenth day of the month of March aforesaid : That by said will, the said testator directed that all his estate should be sold and otherwise converted into cash, and amongst other things bequeathed as follows, viz.: "I direct the residue of my estate to be divided into three equal shares, one of which shares I give to each of my three daughters, viz., Mary the wife of John Robb, Sarah the wife of Enoch Rex, and Eliza the wife of Abel Lea, and that the said shares be held by my executor, hereinafter named, in trust, safely to invest the same 748 TRUSTEES AND ASSIGNEES. and pay the interest thereof to my said daughters during the lives of their respective husbands, for the sole and separate use of my said daughters, and upon the death of the husband of any one of said daughters, to pay her the principal of her share absolutely :" The petitioners further represent that the testator appointed James Wills executor of his said will, and that the said James Wills proved the same as aforesaid, and took upon himself the burden of its execution, and thereby became trustee of the aforesaid trust fund, created by the above- stated bequest ; that he converted all the estate of the deceased into cash, and having paid the expenses of said estate, and the legacies bequeathed by said will, settled an account of his administration thereof, which was confirmed by this Court on the tenth day of December, in the year of our Lord one thou- sand eight hundred and sixty, by which account there was found to be a balance of three thousand dollars in the hands of said executor, being the residue of said estate ; that the said James Wills, without renouncing his office as executor, has declined to accept the trust created in the aforesaid bequest : The peti- tioners therefore pray the Court to appoint a trustee of said fund for the said Mary Robb. And they will, &c. George Robb, Mary Robb. (Affidavit of truth of petition to be appended.) 27. Petition to compel Infant Trustee to convey. p. 973, pi. 46. 27 July 1S42, P. L. 439. In the Trust Estate of John 1 In the Court of Common Gregg, deceased. / Pleas of Chester County.. To the Honorable, the Judges of the Court of Common Pleas of the County of Chester : The petition of Mary Robb, Respectfully represents, That John Gregg of the Township of Penn in the County of Chester, deceased, died about the month of March, in the year of TRUSTEES AND ASSIGNEES. 749 our Lord one thousand eight hundred and fifty-eight, having made his last will and testament in writing, dated on the first day of January in the same year, and proved on the tenth day of the month of March aforesaid ; that by said will he gave and devised amongst other things as follows, viz., "I give and de- vise to James Wills the messuage and plantation, &c. (or as the case may he, describing it), to hold to him, the said James Wills, and to his heirs for ever, in trust nevertheless, to and for the use and benefit of my daughter Mary Robb, wife of George Kobb, and to her heirs for ever, for her sole and separate use, free and clear of all control of her said husband ; and I further direct, that upon the death of the said George Robb, the said trustee, his heirs or assigns, shall convey the said real estate to my said daughter, by sufficient deed or deeds in fee ;" that since the death of the testator and the probate of his will, the said George Robb has died, and that the said James Wills has also died, leaving Paul Wills, his eldest son and heir at law, and that the said Paul is a minor, and has for his guardian Enoch Rex ; that by virtue of the aforesaid devise, the petitioner is en- titled to a deed or assurance of said trust estate : she therefore prays the Court to make an order, compelling the said Paul Wills or the said Enoch Rex, his guardian, to make and execute to her such deed or assurance of said trust estate as shall be equitable and just. And she will, &;c. Mary Robb. (Affidavit of truth of petition to be appended.) 28. Application to compel Trustees to record Deed of Trust. p. 976, pi, 65. 6 May 1854, P. L. 603. In THE Matter OF THE Real') -r ^y, r^ i. e r\ -m ^ ( In the Uourt oi Common Pleas Estate held in trust for V c n\ l n , ^ I 01 Chester County. James Gregg. j "^ To the Honorable, the Judges of the Court of Common Pleas of Chester County : 750 TRUSTEES AND ASSIGNEES. The petition of James Grregg, Respectfully represents : That John Gregg, of the Township of Penn in said County of Chester, by deed dated the first day of April, in the year of our Lord one thousand eight hundred and fifty-nine, granted and con- veyed to James Wills, of the Township of Elk in said county, a certain messuage, &c. (describing it), to hold to him, the said James Wills, and to his heirs for ever, in trust nevertheless, to permit the petitioner to occupy the same and take the rents, issues and profits thereof for and during his life, and afterwards to and for the use of Charles Gregg in fee ; that said deed has not been recorded, and is in the possession of the said James Wills ; that the petitioner has requested the said James W^ills to cause the same to be recorded in the said County of Chester, and has tendered to him the sum of ten dollars, the same being a suSicient sum to pay the cost of such record- ing ; that the said James Wills has neglected and refused to cause the said deed to be recorded on request as aforesaid. The petitioner showing, by the facts herein stated, that he is interested, prays the Court to issue a citation to the said James Wills, to appear in this Court, at such time as the Court shall direct, and show cause why he refuses to cause said deed to be recorded. And he will, &c. James Gregg. (Affidavit of truth of petition to be appended.) 29. Petition to apply Personal Estate to improve Real Estate. p. 973, pi. 49. 8 May 1S55, P. L. 415. In the Trust Estate of | In the Court of Common Pleas John Gregg, deceased. ] of Chester County. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Charles Gregg and James Wills, Respectfully represents : That John Gregg, late of the Township of Penn in the County of Chester, died in the month of March, in the year TRUSTEES AND ASSIGNEES. 751 of our Lord one thousand eight hundred and fifty-nine, having made his last will and testament, dated the first day of April, in the year of our Lord one thousand eight hundred and fifty- eight, and proved on the tenth day of the aforesaid month of March ; that by his said will he bequeathed and devised as fol- lows, viz. : " I bequeath and devise all my personal estate, after the payment of my debts, and all my real estate consisting, &c. (describe real estate), to James Wills, and his heirs for ever, in trust nevertheless, to pay the income of the said personal and real estate to my son Charles Gregg, during his life, and at and upon his death, to pay the principal of the said personal estate and convey the said real estate to my son George Gregg in fee." That the said personal estate amounts to the sum of two thousand dollars, and that the said real estate is greatly out of repair and needs improvement (set out what repairs, improve- ments, &c.), that by such improvement said real estate would be of greater productiveness, and that it will promote the inte- rest of the said trust estate, if the said personal property or a portion thereof shall be applied for the improvement and greater productiveness of said real estate : The petitioners therefore pray the Court, upon notice to the parties in interest, to order the said personal estate, or such portion of it as may be necessary, to be applied as aforesaid. And they will, &c. CuARLES Gregg, James Wills. (Affidavit of truth of petition to be appended.) 30. Petition to apply Personal Estate to Improvement of Real Estate where Owners are Different. p. 973, pi. 49. 3 May 1855, P. L. 415. In the Estate of John "( In the Court of Common Pleas of Gregg, deceased. ) Chester County. To the Honorable, the Judges of the Court of Common Pleas of Chester County : 752 TRUSTEES AND ASSIGNEES. The petition of Charles Gregg, Mary Robb and James Wills, Respectfully represents, That John Gregg, late of the Township of Penn in the said County of Chester, died in the month of March, in the year of our Lord one thousand eight hundred and fifty-nine, having made his last will and testament, dated the first day of April, in the year of our Lord one thousand eight hundred and fifty- eight, and proved on the tenth day of the aforesaid month of March ; that by his said will he bequeathed and devised as follows : " I bequeath and devise all my personal estate after the payment of my debts, and all my real estate, &c., consist- ing, &c, (describe it), to James Wills, and to his heirs for ever, in trust nevertheless, to pay the income of the said personal estate to my daughter Mary Robb during her life, and at her death, to pay the principal thereof to her daughter Jane Robb absolutely ; and to collect and receive the rents, issues and profits of the said real estate, and as they may be received and got in, to pay the same to my son, Charles Gregg, during his life, and at his death, to convey the said real estate to his son, Robert Gregg, in fee ;" that the said Jane Robb is a minor, and has for her guardian Enoch Rex ; that the personal estate of the decedent, after the payment of his debts as aforesaid, amounts to the sum of five thousand dollars, and that the said real estate is greatly out of repair, and needs improvement (or as may be, setting out grounds for application) ; that by such im- provement, said real estate would be of greater productiveness, and that it will promote the interest of said trust estate, if the said personal property, or a portion of it, shall be applied for the improvement and greater productiveness of said real estate : the petitioners, therefore, pray the Court upon notice to the parties interested, to order the said personal estate, or such portion of it as may be necessary, to be applied as aforesaid. And they will, &c. Charles Gregg, Mary Robb, James Wills. (AflSdavit of truth of petition to be appended.) TRUSTEES AND ASSIGNEES. 753 31. Order to a'pj^ly Personal Estate to Improvement of Real Estate. P. 973, pi. 49. 3 May 1855, P. L. 415. , In tlie Court of Common Pleas of In THE Estate of John f Chester County. Gregg, deceased. fOn application for improvement of -^ Real Estate. And now, June 10, 1860, It appearing that due notice has been given to all the parties in interest according to the order of the Court ; and the Court upon due consideration being of opinion that it will promote the interest of the estate held in trust, by James Wills, under the will of John Gregg, deceased, that a portion of the personal estate held in trust as aforesaid, should be applied to the improvement and greater productive- ness of the real estate held in trust as aforesaid : It is ordered by the Court, that the said James Wills do apply the sum of two thousand dollars, part of said personal estate, for the said purposes ; and the Court do further order, that the said James Wills keep an accurate account of his expenditure for the said purposes ; and that such expenditure shall be a charge on the said real estate, in favor of the said Mary Robb and Jane Robb, the interest whereof shall be paid to the said Mary Robb annually during her life; and at her death, the principal sum of said personal estate shall be paid to the said Jane Robb. 32. Petition of Married Woman for a Trustee. p. 974, pi. 56. 25 April 1850, P. L. 571. In THE Estate of Mary \ In the Court of Common Pleas of Robb. / Chester County. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of Mary Robb, the wife of John Robb, Respect- fully represents, That as one of the children and distributees 48 754 TRUSTEES AND ASSIGNEES. of John Gregg, late of tne Township of Penn in the County of Chester aforesaid, deceased, she is entitled to the sum of one thousand dollars as her share of his estate in the hands of James Wills, administrator, &c., of said deceased, and that she has no trustee of the same ; the petitioner showing to the Court, that she was domiciled in the said County of Chester at the time of her marriage with said John Robb, prays the Court to appoint a trustee for said property. And she will, &c. Mary Robb. (Affidavit of truth of petition to be appended.) 33. Petition of Sureties for Citation and Discharge of Trustee. p. U16, pi. 1, 2. 27 xMarch 1865, P. L. 44. To the Honorable, the Judges of the Court of Common Pleas of Chester County : The petition of George Rex, Respectfully represents, That John Gr,egg of the Township of Penn in said county, died in the year one thousand eight hundred and fifty, having made his last will which was duly proved on the first day of July in the same year, by which he bequeathed to James Gregg the sum of ten thousand dollars, in trust nevertheless, safely to invest the same, and pay the income thereof to Sarah Wills, a daughter of the testator, during her life, and to pay the principal sum to the children of the said Sarah in the man- ner set forth in said will (or as the case may be) ; that the said James Gregg having died, Seth Lea was, on the first day of October in the same year, appointed by the Orphans' Court of said county trustee in his stead (or as the case may be), upon entering into bond to the Commonwealth in the sum of twenty thousand dollars, with Abel Jones and the petitioner as his sureties, conditioned for the performance of his trust; that upon the last-mentioned day the petitioner with the said Abel Jones did enter into a bond as sureties aforesaid for the said George Rex, which bond was approved by said Orphans TRUSTEES AND ASSIGNEES. 755 Court: The petitioner further represents that the aforesaid legacy or trust fund was afterwards received by the said Seth Lea from the executor of the said John Gregg, deceased ; that the said Seth Lea has neglected safely to invest the said legacy or trust fund (or as the case may be). The petitioner showing that the residence of said Seth Lea is in the said County of Chester, and that said petition has not been presented until after the expiration of three years from the time of his appoint- ment, and further showing by a copy of the notice hereto attached with the endorsed affidavit of its service, that thirty days' notice of the presentation of this petition has been given to the said Seth Lea, prays the Court to issue a citation to the said Seth Lea to file an account of the management of his said trust, and to show cause why the petitioner should not be dis- charged from all further responsibility. And he will, &c. January 30, 1860. George Rex. (Affidavit to the truth of the petition.) 34. Notice to Trustee of Presentation of the Petition. To Seth Lea, Trustee under the will of John Gregg, deceased, of Sarah Wills : Sir : You are hereby notified that as surety in your bond given in the Orphans' Court of Chester County as trustee aforesaid, I will, at the next term, of the Court of Common Pleas of said county, commencing on the thirtieth day of Janu- ary next, present a petition asking said Court to issue a cita- tion requiring you to file an account of your management of your trust under said will, and to show cause why I should not be discharged from all further responsibility. December 20, 1859. George Rex. (Affidavit of truth of petition to be appended.) 756 TRUSTEES AND ASSIGNEES. 35. Proof of Service endorsed on Notice. Chester county, ss. Eber Miles being duly sworn, says, that he served a notice, of which the within is a copy, on Seth Lea on the twentieth day of December, a. d. 1859, by handing said notice to him per- sonally (or by leaving the same at his dwelling-house in the presence of an adult member of his family, or as the case may be). Sworn and subscribed, January^ Eber Miles. 30, 1860, in open Court. f James Davis, [ Prothonotary. 36. Decree that Trustee give New Bond. In the Application for the ^ DISCHARGE OP GeORGE ReX, In the Common Pleas of Ches- Surety of Seth Lea, Trustee, I ter County &c., under the will of John Greffs:. Of January Term, 1860. And now, April 30, 1860, It appearing that the notice here- tofore directed to be given to all persons interested in the trust for Sarah Wills, under the will of said John Gregg, according to the order of the Court, the Court deem it reasonable and proper, and do direct that George Rex, surety for the said Seth Lea under said trust, be discharged from all further responsibility, and do further direct that the said Seth Lea do, on or before the tenth day of June next, give a new bond to the Commonwealth in the sum of twenty thousand dollars, with two sureties to be then approved by the Court, conditioned for the performance by the said Seth Lea of Lis trust. TRUSTEES AND ASSIGNEES. 757 In the Common Pleas of Chester County. Of January Term, 1860. 37. Decree removing Trustee for not giving Bond. In the Application for the DISCHARGE OP GeORGE ReX, Surety for Seth Lea, trustee, &c., under the will of John Gregg, deceased. And now, June 11, 1860, Seth Lea, trustee of Sarah Wills, under the will of John Gregg, deceased, not having given new bond conditioned for the performance of his trust within the time heretofore ordered by the Court, it is ordered and decreed that he be removed from his trust as aforesaid, and that George Boyd be appointed trustee in his stead, he first entering into bond to the Commonwealth in the sum of twenty thousand dollars, conditioned for the performance of his trust, with two sureties to be approved by the Court. INDEX. ACCOUNT. Application against trustee for account, 744. Award in account render, 69. Citation from register to file in collateral estate, 98. Petition for review, 237. Precipe in account render, 613. Triennial of guardian, 152. ACTIONS. Actions Personal. Affidavit and precipe for special capias, 24. Affidavit on insolvency of original bail, 25. Agreement for amicable action, 17. Agreement for amicable action and confession of judgment, 17. Defendant's bond to sheriff on capias, 20. Deposit with sheriff in lieu of bail, 24. Fraudulent debtors. Affidavit for warrant of arrest, 27. Bond for appearance after arrest at adjourned hear ing, 30. Bond for benefit of insolvent laws, 36. Bond of defendant not to remove property, 35. Bond of defendant for payment before expiration of stay on judgment, 32. Bond of defendant for payment after expiration of stay, 33. Bond of defendant pending suit, 34. Commitment after arrest, 31. Defendant's counter afiidavit, 29. Judge's warrant, 28. Petition for leave to assign, 38. Leave to deposit amount of bail in court on capias, 21. Notice by sheriff of bail, &c., 21. Notice to defendant of exception to bail, 22. Notice to sheriff of exception to bail, 22. (759) 760 INDEX. ACTIONS— con fiw ued. Notice of justification of bail, 23. Notice of substitution of bail, 23. Precipe and affidavit to hold to bail, 18. Precipe and affidavit in trespass against an unknown defendant, 19. Precipe for special capias in default of bail under rule to enter additional bail, 26. Process for capias to arrest freeholder, 26. Rule to enter additional bail, 26. Actions Real. Affidavit of publication of writ of partition, 41. Petition for guardian ad litem, 39. Return of shoritF to writ of partition, 40. ADMINISTRATOR. See Executors akd Administrators. ADOPTION. Decree of court for adoption of child, 42. Petition for child with parents, 41. Petition for child without parents, 42. APPRAISERS. See Collateral Inheritance Tax. Decedents. Execution. APPRENTICES. Assignment of apprentice, 45. Order to bind, 44. Petition to bind, 43. Petition to assign apprentice, 44. ARBITRATION. Adjournment where one party attends, 59. Affidavit of execution of bond, 48. Affidavit endorsed on submission, 47. Affidavit of service of rule, 57. Affidavit of service where party cannot be found and has no attorney, 57. Affidavit of possession, and pertinency of books in possession of railroad company, 67. Agreement under 6th section of Act of 1836, 53. Agreement for rule under Act of 1806, 54. Agreement in open court, 56. • Allowance of nonsuit, 65. Appeal and affidavit, 62. Arbitration bond, 47. Award, 49, 60. Award of facts, 51. Award under Act of 1806, 55. Award where substituted arbitrator, 60. Award where arbitrator is substituted one party being absent, 61. Award on death of arbitrator after having been sworn, 61. INDEX. 761 ARBITRATION— co« ESCHEAT. Information, 372. Inquisition, 373. Petition for traverse, 374. Petition for issue on question of reward, 377. Precept to sheriff, 372. Replication to traverse and similiter, 377. Traverse of inquisition, 376. ESTREPEMENT. Affidavit of defendant, 336. Affidavit where waste is threatened, 338. Bond of tenant of decedent, 345. Notice to tenant for life to desist from waste, 343. Order to issue writ against tenant, 339. Petition of landlord to stay waste, 337. Petition of purchaser at sheriff's sale to stay waste, 340. Petition of mortgagee to stay waste, 341. Petition of judgment creditor after condemnation to stay waste, 342. Petition of remainderman to stay waste, 343. Petition of creditor to stay waste on land of a decedent, 344. Petition of tenant of decedent to dissolve, &c., 344, Petition by plaintiff in foreign attachment, to stay waste in land attached, 346. Petition by plaintiff in foreign attachment to stay waste in land bound by mortgage, &c., attached, 347. 772 INDEX. ESTREPEMENT— connViuerf. Precipe and affidavit generally, 334. Precipe and affidavit, working quarries, &c., certificate of counsel, 335. Recognisance of defendant to dissolve, 337. Writ against tenant, 339. EXECUTION. Acceptance of defendant after condemnation, 396. Affidavit of irregular sale, &c., 394. Affidavit of non-payment of rent after acceptance, 397. Affidavit of tenant of title in himself, 413. Affidavit of tenant of title from defendant before judgment, 414. Affidavit of tenant of title in third person, 414. Application to distribute after acceptance by defendant, 397. Application to sequester life estate, 398. Application for issue, 403. Bond of sequestrator, 399. Claim of ownership of stock, and affidavit and recognisance, 386. Election of plaintiff after condemnation, 396. Interpleader, application of sheriff, 390. Interpleader, affidavit of claimant, 391. Interpleader, bond of claimant, 391. Interpleader, declaration, plea, &c., 392. Inquisition of lands in adjoining counties, 401. Inquisition for possession of purchaser, 411. Justices' record in proceedings for possession of purchaser, 410. Notice of rent due, 395. Notice to sheriff to appraise yearly value of life estate, 400. Notice to plaintiff of request to value life estate, 400. Notice to quit after sheriff's sale, 407. Oath of person under whom tenant claims, 416. Order to admit claimant of stock to become a party, &c., 387. Petition for the successor of deceased sheriff to acknowledge deed, 405. Petition for sheriff to perfect defective deed, 406. Petition to perfect defective )-eturn, 407. Petition to justices to obtain possession after sheriff's sale, 408. Precipe to levy on stock in defendant's name, 385. Precipe for attachment execution, 387. Precipe to levy on stock in another's name, and affidavit and recognisance, 384. Receipt of lien creditor, purchaser, 402. Recognisance for stay, 379. Request for appraisers of personal property, 380. Request for appraisers of real property, 382. Return of appraisers dividing, 382. Return of appraisers not dividing, 383. Refunding bond for legacy attached, 389. Return of sheriff on purchase of lien creditor, 403. INDEX. 773 EXECUTION— con/;nMerf. Refunding boud after distribution and appeal, 404. Recognisance of persons claiming lands purchased, &c., 416. Sheriff's return to attachment execution, 388. Suggestion and plea of freehold for stay of execution, 379. Suggestion and affidavit for testatum fi. fa., 401. Summons and return of appraisers of personal property, 381 Summons of appraisers of real property, 382. Summons to persons under whom tenant claims to hold, 415. Waiver of inquisition, 395. Warrant to sheriff to summon jury for purchaser, &c., 409. Warrant to sheriff to deliver possession, 412. EXECUTORS AND ADMINISTRATORS. Application to dismiss, 254. Application to Orphans' Court on failure to obey citation to register, 99. Attachment for not producing books, 284. Attachment on decree of non-payment by, 268. Bond on conveying lands of tenant in common, 116. Bond of, on sale of real estate, 1 83. Bond to distribute surplus after sheriff's sale, 177. Citation to, 259. Citation from register to file account in collateral estate, 98. Citation to, where collateral inheritance tax has not been jiaid, 100. Decree of removal on account of sickness, &c., 256. Exceptions to account of, 234. Exceptions to surety in bond of, 139. Fieri facias against, in Orphans' Court, 266. Letters of administration D. B. N., 142. Notice of collateral appraisement, 98. Notice to creditors by administrator, &c., 171. Notice of exceptions to bond, 140. Notice of legacy to corporation, 171. Notice not to pay debt out of real estate, 176. Order of court, to administrator to execute deed, 225. Order to deliver estate to surety, 250. Order to exeoutor, &c., to give security, 249. Order of register on refusal to give additional security, 141. Order of register sustaining exceptions to bond, 141. Order to produce books, &c., 284. Order vacating letters, 250. Petition for attachment against defaulting executor, 247. Petition for discharge of executor removing from state, 257. Petition to discharge on account of sickness, &c., 162. Petition to discharge deceased administrator's estate from liability, 258, Petition to be discharged, 246. Petition for executor, &c., to give security, 246. Petition for sale of real estate for payment of debts, 178. 774 INDEX. EXECUTORS AND ADMINISTRATORS— conf/wuerf. Petition for sale to pay balance on administration acconnt, 180. Petition for sale, &c., of land in another county, 181. Petition for security from executrix marrying, 252. Petition for sureties for counter security, 248. Petition of successor of deceased administrator to make deed, 225. Petition to vacate letters where executor is lunatic, 253. Renunciation of person entitled to administration, 161. Scire facias against executor as debtor of decedent, 194. See Decedents. EXEMPTIONS. See Decedents. Execution. Trustees. EEME SOLE. See Lunatics and Habitual Deunkaeds. PINES. Appeal from order of Quarter Sessions in forfeited recognisance, 418. Petition to remit recognisance, 417. FOREIGN ATTACHMENT. Application for order to sheriff to collect rent, 423. Interrogatories to garnishee, 421. Precipe, 419. Precipe for sci. fa. against garnishee, 421. Refunding bond to executor, garnishee, 420. Recognisance of plaintiff before execution, 422. Recognisance to dissolve, 423. Rule to assess damages, 424. FRAUDULENT DEBTORS. • Affidavit for warrant of arrest, 27. Bond for appearance after arrest, at adjourned hearing, 30. Bond of defendant for payment before expiration of stay, 32. Bond of defendant after expiration of stay, 33. Bond of defendant pending suit, 34. Bond of defendant not to remove property, 35. Bond for benefit of insolvent laws, 36. Commitment after arrest, 31. Defendant's counter affidavit, 29. Judge's warrant, 28. Petition for leave to assign, 38. GROUND-RENTS. Bond of guardian, &c., on receiving, &c., 427. Petition for extinguishing, &c., 425. GUARDIAN. Application to dismiss, 254. Appointment on application to sell minor's real estate under Act of April 18, 1853, 670. Bond of, on receiving ground-rent, 427. Bond of, on sale of land, 201. INDEX. 775 GJJ AUDI Al^— continued. Decree dismissing, 256. Inventory, 151. Notice to resident guardian of application for his discharge, 149. Order authorizing foreign guardian to remove ward's property, 148. Order citing guardian on application to remove, 156. Order discharging guardian after report of auditor, 155. Order of court discharging resident guardian, 150. Order discharging, without auditors, 155. Order on petition of guardian for discharge, 154. Order for refunding bond to guardian, 160. Petition to change guardian, 144. Petition for child of profligate father, 146. Petition to discharge resident guardian, 149. Petition of executor for non-resident minor, 145. Petition of foreign guardian to be appointed in this state, 145. Petition of foreign guardian to remove ward's property, 147. Petition of guardian for discharge, 153. Petition of guardian for permission to invest, 176. Petition of guardian for refunding bond, 159. Petition for guardian ad litem, 39. Petition to let ward's land on ground-rent, 202. Petition for minor over fourteen, 143. Petition for minor under fourteen, 144. Petition to pay legacy of minor residing out of state, 291. Petition for removal of guardian, 155. Petition for sale of ward's real estate^ being dilapidated, 186. Petition for sale of ward's real estate for improvement, 185. Petition for sale of ward's real estate for maintenance, 185. Refunding bond to guardian, 160. Report of auditor on application to sell ward's real estate, 187. Triennial account, 152. HUSBAND AND WIFE. See Divorce. INQUISITION. Before commissioner of habitual drunkenness, 480. Before commissioner of lunacy, 478. In escheat, 373. Of lands in adjoining counties, in execution, 401. In lunacy before judge with certificate of want of probable cause, 481. On non-removal of tenant, 457. For possession of purchaser under execution, 411. Petition for traverse in escheat, 374. Petition for inquest, in partition in case of life estate, 279. Traverse of, in escheat, 376. Traverse of, in lunacy, 482. Waiver of, under execution, 395. 776 INDEX. INSOLVENT. Application on consent of majority of creditors to exempt property, &c., 435. Bond to take benefit, &c., 431. Bond of trustee, 434. Order to jailer to discharge, 431. Petition under bread act, 429. Petition for discharge from custody, 430. Petition for benefit of insolvent laws, 432. Petition of insolvent to restore his estate, &c., 434, Petition for a receiver, 436. INSURANCE. Petition to supply lost policy, 437. INTERPLEADER. AflSilavit of claimant, 391. Application of sheriff, 390, Bond of claimant, 391. Declaration, plea, &c., 392. See Execution. JUDGMENT. Amicable scire facias, 438. Amicable scire facias, to use, &c., against defendant and terre tenant, 439. Amicable scire facias, against terre tenant, 439, Amicable scire facias, to use, on judgment part paid, 440. Amicable scire facias, on judgment not due, 441. Amicable scire facias, on judgment appealed from, 441. Application for satisfaction, &c., in Philadelphia, 444. Precipe for scire facias, 442. Precipe for scire facias, against terre tenant, 443. JUSTICES OF THE PEACE. Answer of justice to complaint for not paying over, 451. Decree of court on appearance for not paying over, 450, Decree of court on default for not paying over, 451, Issue on complaint for not paying over, 452. Notice to justice to pay over, 450. Official bond, 445. Petition for security on justices' insolvency, 445. Petition for additional security on surety's removal, &c., 446. Petition for counter security, 447. Petition to compel delivery of dockets, 447, Petition to obtain possession after sheriflrs sale, 408, Petition on refusal of justice to pay over, 449, Petition to supply lost record, 448, Record in proceedings for possession of purchaser at sheriff's sale, 410. Warrant to sheriff to deliver possession, 412. INDEX. 7 I 7 LANDLORD AND TENANT. Affidavit of appraisers and inventory, 454, Affidavit of third person of his title, and recognisance, 461. Affidavit of holding under co-tenant, and recognisance, 462. Allegation of title in third person, 461. Complaint to justices on non-removal, 455. Complaint to justices on non-payment of rent, 463. Complaint on removal and refusing to give security, 468. Consent of tenant that goods may remain on the premises, 454. Inquisition on non-removal of tenant, 457. Notice of distress, 453. Notice to quit, 455. Notice to tenant on non-payment of rent, 463. Record of justices on non-removal, 458. Record of justices on non-payment of rent, 465. Record of justices finding against landlord, 466. Recognisance on appeal on non-payment of rent, 467. Record of justices on refusing to give security, 470. Record of one justice to dispossess tenant, 471. Warrant of distress, 453. Warrant to sheriff to summon jury and tenant, 456. Warrant of possession, 460. Warrant to constable to summon tenant on non-payment of rent, 464. Warrant to summon tenant on refusing to give security, 469. LETTERS ROGATORY. See Practice. LIFE ESTATE. Application to sequester life estate, 398. Notice to sheriff to appraise yearly value of life estate, 400. Notice to plaintiff of request to value life estate, 400. See Decedents. LUNATICS AND HABITUAL DRUNKARDS. Affidavit of plaintiff to prevent discharge of lunatic, 512. Application to dismiss committee of lunatic, 519. Application of wife to have sole charge of children, 485. Appointment of auditor to investigate and report, on application to sell real estate of lunatic, 493. Bond of committee, 486. Bond of committee on sale of real estate, 497. Bond of committee selling timber, 504. Bond of friends of lunatic criminal, 517. Decree of sale, &c., 494. Decree of mortgage, 495. Decree to raise money on land in another county, 496. Decree to cut timber, 503. Decree of specific performance, 507. Decree of rescission, 510. TiO INDEX. LUNATICS AND HABITUAL DRU^KAUBS— continued. FinJing of justices on imprisonment of insane defendant, 513. Habeas corpus, 478. Inquisition before commissioner of lunacy, 478. Inquisition before commissioner of habitual drunkenness, 480. Inquisition before judge and certificate of want of probable cause, 481. Inventory, 487. Jailer's notice to justice on arrest of insane person, 512. Lunatic married woman, order to examine, 521. Lunatic married woman, report of examiners, 522. Lunatic married woman, order of court, 522. Notice to relations, &c., of commission, 476. Notice to parties to appear, 506. Order giving mother the privileges of a father, 486. Order of court to parties to come in, 507. Order of court for appearance for insane defendant, 513. Order of discharge of insane defendant, 514. Order to deliver insane defendant to lunatic asylum, 514. Order appointing assignees on discharge of insane defendant, 515. Order authorizing arrest of defendant becoming of sound mind, 516. Order to enter exoneretur on bail-piece of lunatic, 517. Ori^er to supersede, 519. Petition for commission and affiilavit, 472. Petition for commission when lunatic is under restraint, 473. Petition for commission when lunatic resides out of the commonwealth, 474. Petition for commission when lunatic has no relations, 474. Petition for commission when lunatic is absent from the commonwealth, 475. Petition for commission on habitual drunkards, 476. Petition where estate is small, &c., 481. Petition of wife of drunkard, &c., to act as feme sole, 484. Petition to apply principal of personal estate of lunatic to support, &c., 488. Petition for committee for authority to invest, 489. Petition for sale of real estate and exhibits, 490. Petition to court of another county for decree of sale, 497. Petition for deed on death of committee, 498. Petition for mortgage on death of committee, 499. Petition for deed from new committee on death of committee, 500. Petition for deed where committee refuses and notice, 501. Petition for sale of timber, 502. Petition to enforce contract of lunatic for sale of land, 505. Petition to enforce parol contract, 508. Petition to rescind contract, 509. Petition to discharge lunatic from arrest, 511. Petition of bail of lunatic for discharge, 516. Petition for supersedeas of committee, kc, 518. INDEX. 779 LUNATICS AND HABITUAL DRUNKARDS— con^nuerf. Petition in case of Innatic married woman, 520. Replication and similiter to traverse, 483. Report of auditor on application to sell real estate of lunatic, 493. Return to order to mortgage, 496. Subpoena, 477. Traverse of inquisition, 482. Venire, 477. MANDAMUS. Alternative mandamus, 525. Demurrer, 527. Joinder in demurrer, 528. Judgment, 529. Petition, 523. Peremptory niandamus, 529. Return of defendants, 527. Return to peremptory mandamus, 53L MANUFACTURING COMPANIES. Declaration in suit against directors, 533. Declaration in suit against stockholders in arrear, 535. Declaration in suit against stockholder, 536. Order to appraisers, 533. Order to assign judgment to stockholdei-s, paying, &c., 538. Petition to appraise property invested, 532. MARRIED WOMEN. Declaration for improvements, 538. Declaration for necessaries, 540. See Divorce. Trustees. MECHANICS' LIEN. Appointment of commissioners by agreement, 543. Appointment of commissioners without agreement, 543. Claim, 545. Claim against adjoining buildings, 546. Claim on contract, 547. Designation of boundaries of lot, 541. Order of court for appointment of commissioners, 542. Petition to define boundaries, 541. Petition of defendant where no scire facias has issued, 550. Precipe for sci. fa. sur mechanics' lien, 623. Report of commissioners, 444. Return of sheriff to scire facias, 549. Return of sheriff to scire facias when parties arc not found, 549. Suggestion of additional claim, 548. Suggestion of another person on scire facias, 550. 780 INDEX. 3VnLL-DAMS. Appointment of commissioners, 552. Petition to remove, 551. Report of commissioners, 553. MINORS. Application of wife of proflif^ate husband to have sole charge of minor children, 485. Bond of guardian on sale of land, 201. Inventory of minor's estate, 151. Order giving mother privileges of a father as to minor children, 486. Order for notice of application to sell minor's land, 201. Petition for allowance to minor, 157. Petition for allowance to non-resident minor, 158. Petition to compel infant trustee to convey, 748. Petition for sale of minor's real estate being dilapidated, 186. Petition for sale of minor's real estate for improvement, 185. Petition for sale of minor's real estate for maintenance, 185. Petition for sale of laml wliere minor is remainderman, 199. See Decedents. Guardian. MORTGAGES. Amicable scire facias, sur mortgage, 559. Order of court to enter satisfaction, 554. Order for issue to try fact of satisfaction, 555. Petition for entry of satisfaction, 553. Petition to pay mortgage money into court, 555. Petition to enforce payment on entry of satisfaction of lost mortgage, 556. Petition for cancelling forged mortgage, 558. Receipt endorsed on mortgage, and order of judge for entry of satisfac- tion, 557. NAMES. Decree of court changing, 560. Petition to change, 559. NATURALIZATION. Declaration of intention, 560. Petition for naturalization and affidavit, 561. Where applicant came into country a minor, 562. OFFICES. Decree of court as to further security, 565. Discharge of original sureties on further security given, 566. Order for issue on petition for further security, 567. Petition for citation to give further security, 564. Proceedings on refusal to give further security, 566. OFFICIAL BOND. See BoxDS. Justice of the Peace. INDEX. 781 ORPHANS' COURT. See Decedents. Guardian. Minoks. PARTITION. Acceptance and decree in case of life estate, 579. Adjudication without the consent of tenant for life, 579. Affidavit as to unknown parties, 573. Application of defendants to set out plaintiff's share only, 570. Declaration, 568. Decree of publication to parties unknown, 573. Decree upon acceptance, 575. Declaration in case of life estate, 577. Judgment, 569. Judgment to set out plaintifiPs share, 571. Judgment of partition for parties appearing, 572. Order for rule to accept, 574. Order to sell after non-acceptance, 576. Order to present sheriff to perfect title, 577. Petition for deed on death of sheriff, 576. Precipe, 567. Precipe for writ de partitione facienda, 571. Suggestion of name of alienee as part}', 574. PARTNERSHIP. Certificate, names of partners, &c., 580. PEDLER. Bond, 583. Order granting license, 582. Petition, 581. PETITION. See Actions. Adoption. Apprentices. Arbitration. Auditor. Boroughs. Collateral Inheritance Tax. Constable. Con- tract OF Decedent. Corporations. Counties and Town- ships. County Treasurer. Decedents. Divorce. Domestic Attachment. Ejectment. Elections. Embezzlement. Es- cheat. Estrepement. Execution. Fines. Fraudulent Debtors. Ground-Rents. Guardian. Habeas Corpus. In- solvents. Insurance. Justices of the Peace. Lunatics and Habitual Drunkards. Mandamus. Manufacturing Com- panies. Mechanic's Lien. Mill-Dam. Mortgages. Names. Naturalization. Offices. Partition. Pedi.er. Practice. Railroads. Real Estate. Roads. Schools. Townships. Trustees. PRACTICE. Abatement of suit for want of substitution for deceased plaintiff, 596. Affidavit of defence, 584. Affidavit to produce books, &c., 591. Affidavit of truth of petition, 611. 782 INDEX. FEACTICE— continued. Amendment changing name, 589. Amendment of pleading, 590. Application to add party. 590. Application of administrator to stay proceedings on execution-order, &c., 602. Bond before issuing attachment against defendant removing, 625. Bill of costs, 611. Bill of exceptions, 612. Certificate of authentication, Act of 1790, 626. Certificate of authentication, Act of 1804, 626. Commission to take depositions, 608. Defendant's statement, 588. Depositions, 606. Declaration and confession of judgment upon bond and warrant where obligee is dead, 596. Interrogatories on commission to take depositions and precipe for rule, 607. Judgment by default against defendant, purchaser under tax sale of un- seated land, 598. Judgment on answer of garnisliee, 604. Letters rogatory, 593. Letters of instruction to the commissioners, 608. Notice of rule and suggestion, 583. Notice to take depositions, 605. Notice of intention to claim mesne profits, 618. Order for rule to interplead, 585. Order of the court in interpleader, 586. Order requiring security on judgment against defendant in interpleader, 587. Order to amend name of party, 589. Order on rule, &c., to produce books and papers, 592. Petition for interpleader, 584. Petition of creditors, &c., for order on administrator to apply to Orphans' Court for an order of sale, 603. Plaintiff's statement, 587. Plea of disclaimer and tender in trespass, 598. Plea of no assets in suit for legacy, 600. Precipe for scire facias sur judgment against a corporation having assigned its property, 624. Precipe for scire facias, to charge real estate of decedent, 600. Precipe and affidavit for attachment against a removing defendant, 624. Precipe for rule to take depositions, 605. Precipe for scire facias sur mechanics' lien, 623. Precipe for fieri facias, 618. Precipe for habere facias possessionem, with clause of fieri facias for costs, 619. Precipe for inquiring of damages, 619. Precipe for scire facias on mortgage, 620. Precipe for levari facias, 620. INDEX. 783 "PRACTlhE— continued. Precipe in account, 613. Precipe in assumpsit with affidavit that debt, &c., is above $100, 614. Precipe in covenant, 614. Precipe in covenant by assignee, 615. Precipe in debt, 615. Precipe in debt qui tarn, 616. Precipe in detinue, 616. Precipe, dower, 616. Precipe in ejectment, 617. Precipe in case for tort, 621. Precipe trespass, false imprisonment, 621. Precipe trespass quare clausum f regit, 621. Precipe trespass de bonis asportatis, 622. Precipe trespass, assault and battery, 622. Precipe for venditioni exponas, 623. Rule to show cause, why books and papers should not be produced, 592. Rule on defendant as purchaser at sale for taxes of unseated lands, 597. Scire facias to bring in administrator of defendant, 595, Scire facias to charge real estate of decedent, 601. Suggestion of equitable plaintiff, 591. Suggestion of death of defendant, substitution and precipe for scire facias, 594. Suggestion of death of plaintiff, and substitution of administrator, 594. PRECIPE. In account render, 613. In assumpsit, 614. For attachment against removing defendant, 624. In attachment execution, 387. In case for tort, 621. Por capias in trespass against unknown defendant, 19. For capias to arrest freeholder, 26 In covenant, 614. In covenant by assignee, 615. In debt, 615. In debt on sheriff's bond, 79. In debt qui tarn, 616. In detinue, 616. In dower, 616. In ejectment, 617. In estrepement, 334 In estrepement for working quarries, &c., with certificate of counsel, 335. For fieri facias, 618. In foreign attachment, 419. For habere facias possessionem, 619. To hold to bail, 18. For inquiry of damages, 619. 784 INDEX. FRECJFE— continued. For levari facias, 620. To levy on stock in defendant's name, 385. To levy on stock in name of another than defendant, 384. In partition, 567. In replevin, 680. For rule to take depositions, 605. For scire facias against garnishee in foreign attachment, 421. For scire facias to charge real estate of decedent, 600. For scire facias sur judgment, 442. For scire facias sur judgment against corporation having assigned its pro- perty, 624. For scire facias sur judgment against tcrre tenant, 443. For scire facias sur mechanic's lien, 623. For scire facias sur mortgage, 620. For special capias, 24. For special capias in default of bail under rule to enter additional bail, 26. In trespass assault and battery, 622. In trespass de bonis asportatis, 622. In trespass, false imprisonment, 621. In trespass quare clausumf regit, 621. For testatum fieri facias, 401. For venditioni exponas, 623. For writ de partitionefaciendd, 571. QUO WARRANTO. Demurrer, 632. Disclaimer of defendant, 636. Injunction, 635. Joinder in demurrer, 633. Judgment on demurrer, 634. Order to issue writ, 629. Plea, 630. Replication, 631. Rule to show cause, &c., 629. Similiter, 632. Suggestion, 627. Substitution of another party, 636. Verdict, 634. RAILROADS. AflBdavit of service, 638. Affidavit on non-residence, &c., 63S. Affidavit of publication, 639. Agreement to select men to value materials, 649. Appeal of landowner, 645. Appeal from assessment of damages, 664. Appointment of umpire, 650. Award, 652. INDEX. 785 HAILHO ADS— cmttmted. Bond for payment of damages, 660. Declaration in feigned issue, &c., 645. Declaration of abandonment, 649. Decree of court as to landing, 655. Lateral railroad, notice of application, 637. Notice for newspaper, 639. Notice of time of viewing, 642. Notice in newspaper of viewing, 642. Notice to landowner of choosing viewers, 657. Notice of filing bond, 662. Order to viewers, for damages on lateral railroad, 641. Order for issue, 645. Order to appraisers, 651. Order to sheriff, to summon viewers, 653. Order to viewers, to assess damages on railroad, 658. Order for issue on appeal, 664. Petition for lateral railroad, 640. Petition for appraisers of materials of person out of state, &c., 651. Petition for use of lauding, 652. Petition for jury to assess railroad damages, 656. Petition of company to approve bonds, 662. Removal of suit to another county, 665. Report of jury on landing, 654. Report of viewers, 643. Report of viewers on damages, 659. Report of viewers fixing point of connection, 644. Return of sheriff, 654. Verdict on feigned issue on lateral railroad, 648. REAL ESTATE. Appointment of auditor, 672. Assent of party, 666. Bond of trustee for sale, 675. Citation to parties to appear, 671. Decree of sale, 673. Decree of private sale, 673. Decree of sale and division, &c., 674. Decree of allowance out of accumulation, 680. Order for citation to appear, and appointment of guardian, 670. Petition for sale to bar executory devise, 665. Petition to let estate of lunatic on ground-rent, and divide, &c., 667. Petition to mortgage estate of person unheard of for seven years, 668. Petition for private sale, 669. Petition to square and adjust lines, 676. Petition to purchase lands, &c., 677. Petition for allowance out of accumulation, 679. 50 786 INDEX. KEGISTER. Appeal from register, 133. Appeal from Register's Court, 134. Attachment for witness before register, 131. Caveat against will, 135. Citation on application for probate of nuncupative will, 136. Citation by register to file account for collateral inheritance tax, 98. Citation where collateral inheritance tax has not been paid over, 100. Citation to produce will, 130. Citation to Register's Court, 134. Commission to take depositions to be read before register, 132. Exceptions to surety in administration bond, 139, Interrogatories before register, 132. Letters of administration de bonis non, 142. Notice to administrator of exceptions to bond, 140. Nuncupative will made at home and probate, 137. Order on administrator refusing to give additional security, 141. Order sustaining exceptions to administration bond, 141. Probate of nuncupative will from home, 138. Recognisance of appellant from Register's Court, 135. Register's citation to witness, 130. Renunciation of person entitled to administration, 161. Request for issue on will, 136. Suggestion of existence of will, 129. See COLLATEEAL INHERITANCE TaX. DeCEDENTS. WlLL. REPLEVIN. Appraisement, 681. Bond, 682. Claim of property on bond, 683. Precipe, 680. ROADS. Appointment of viewers on vacating road in town plot, 704. Decree of court on application to participate in private road, 697. Notice of view, 684. Order to six viewers, 685. Order to three viewers, 686. Order to lay out and vacate, 689. Order confirming private road, 694. Order on report of viewers for swinging gates, 696. Order of court confirming road and approving damages, 699. Order of court not approving damages, 700. Petition for jury of view, 684. Petition to lay out and vacate, 688. Petition for assessment of damages, 692. Petition for a private road, 693. Petition for jury to assess damages on private road, 695. Petition for swinging gates, 695. INDEX. 787 ROADS — continued. Petition to use private road, 696. Petition for private road under ground, 698. Petition to vacate, 700. Petition to change route, 701. Petition to vacate before opening, 701. Petition to vacate by prescription, 702. Petition to vacate public road on town plot, 702. Petition to vacate private road on town plot, 704. Petition to vacate road partly opened, 705. Petition to vacate street in unincorporated village, 705. Petition to widen, 706. Petition for a bridge, 706. Petition for inspectors of bridge, 707. Petition for review, 709. Proof of publication, 703. Report of viewers, 691. Report of damages, 692. Report of private road, 693. Report for private road under ground, 698. Report of inspectors of bridge, 707. Report of inspectors of bridge built by commissioners, 708. Rule on parties to appear in application to vacate road in town plot, 703. Rule on contractor after report of inspectors, 708. SCHOOLS. Decree annulling independent district, 716. Decree confirming independent district, 716. Decree discontinuing an independent district, 718. Decree continuing an independent district, 719. Order for writ to collect judgment against school district, 709. Order to commissioners on independent school district, 711. Order of confirmation of report of commissioners, 713. Order of court on application to annul independent district, 715. Order on application to abolish independent district, 718. Order to viewer, 720. Petition for indendent school district, 711. Petition to open decree and annul independent school district, 714. Petition to assess damages for a school-house lot, 719. Petition to abolish independent district, 717. Report of commissioners on independent school district, 713. Report of viewers of land taken for school purposes, 721. Writ to collect judgment against school district, 710. SCIRE FACIAS. Amicable scire facias, sur judgment, 438. Amicable scire facias, to use against defendant and tcrre tenant, 439. Amicable scire facias against terre tenant, 439. Amicable scire facias to use on judgment part paid, 440. 788 INDEX. SCIRE FACIAS— continued. Amicable scire facias on judgment not due, 441. Amicable scire facias on jud<;ment appealed from, 441. Amicable scire facias sur mortgage, 559. Petition of defendant where no scire facias issued on mechanic's lien, 550. Precipe for scire facias, sur judgment, 442. Precipe for scire facias against terre tenant, 443. Precipe for scire facias to charge real estate of decedent, 600. Precipe for scire facias sur mechanic's lien, 623. Precipe for scire facias on mortgage, 620. Return of sheriff to scire facias on mechanic's lien, 549. Return of sheriff to scire facias on mechanic's lien when parties are not bound, 549. Scire facias for subsequent breaches after judgment, 77. Scire facias against the executor as debtor of decedent upon suggestion of creditor, 174. Scire facias to bring in administrator of defendant, 595. Scire facias to charge real estate of decedent, 601. Suggestion of another person on scire facias on mechanic's lien, 550. Suggestion of further breaches and precipe for scire facias on bond, 75. SEQUESTRATION. Application to sequester life estate, 398. Bond of sequestrator, 399. Petition for sequestration (corporations), 122. Writ of sequestration, 123. SHERIFF. See Actions. Attachment in Execution. Bonds. Decedents. Divorce. Execution. Foreign Attachment. Justices of the Peace. Landlord and Tenant. Mechanic's Lien. Parti- tion. Railroads. Scire Facias. SHERIFF'S SALE. Affidavit of tenant of title in himself, 413. Affidavit of tenant of title from defendant before judgment, 414. Affidavit of tenant of title in third person, 414. Inquisition for possession of purchaser, 411. Justices' record in proceedings for possession of purchaser, 410. Notice to quit after sheriff's sale, 407. Oath of person under whom tenant claims, 416. Petition to justices to obtain possession after sherifFs sale, 408. Receipt of lien creditor purchaser, 402. Return of sheriff on purchase of lien creditor, 403. Recognisance of persons claiming lands purchased, &c., 416. Summons to persons under whom tenant claims to hold, 415. Warrant to sheriff to summon jury for purchaser, &c., 409. Warrant to sheriff to deliver possession, 412. STAY OF EXECUTION. See Execution. INDEX. 789 SUGGESTION. Of additional claim on mechanic's lien, 548. Of additional plaintiffs before judgment, 83. And affidavit of another creditor, 323. Of affidavit for testatum fieri facias, 401. Of another party on judgment on sherifTs bond for further breaches, 84. Of another person on scire facias on mechanic's lien, 550. Of death of plaintiff, substitution of administration, 594. Of death of defendant, substitution and precipe for scire facias, 594. Of existence of will, 129. Of equitable plaintiff, 591, Of further breaches, and precipe for scire facias on bond, 75. Of interest of creditor on judgment in favor of testator, 174. Of name of alienee as party in partition, 574. And plea of freeholder for stay of execution, 379. In quo warranto, 62.", TOWNSHIPS. Order to commissioners, 725. Order for vote on division, 727. Order of court after vote, 729. Petition to divide township, 722. Petition for new township, 723. Petition to alter line, 724. Petition to establish lines, 725. Report of commissioners, 726. Return of election officers after vote, 729. TRUSTEES. Application of sureties of discharged trustee to be discharged, 742. Appointment of new trustees, 741. Application against trustee for account, 744. Application to compel trustees to record deed of trust, 749. Bond of assignee, 732. Decree that trustee give new bond, 756. Decree removing trustee for not giving bond, 757. Discharge of trustee on his request, and order to deliver estate, 739. Notice to trustee of presentation of the petition, 755. Oath of appraisers, and inventWv with affidavit of assignee, 730. Order appointing appraisers, 73^ Order for citation to lunatic, &c., trustee, 737. Order to deliver books, &c., on dismissal, 737. Order of notice, &c., on application of trustee for discharge, 739. Order of notice for appointment of assignee, 741. Order for citation to cestui que trust, on application of trustee for discharge, 744. Order discharging trustee on execution of trust, 744. Order to apply personal estate to improvement of real estate, 753. Petition for appraisers of property assigned to creditors, 729. 790 INDEX. TUVSTE'ES— continued. Petition of assignor to have articles set aside, &c., 732. Petition for citation to assignee to settle account, 733. Petition to dismiss trustee for default, &c., 734. Petition to dismiss assignee on surety failing or removing, 735. Petiton for appointment of temporary trustee, 736. Petition to dismiss where trustee is lunatic, 736. Petition of trustee to be discharged, 738. Petition to fill vacant trust, 740. Petition of trustee for discharge on execution of trust, 743. Petition for dismissal of trustee under Act of April 7, 1859, 745. Petition of sureties for citation and discharge of trustees, 754. Petition to fill vacant trust, 746. Petition to fill trust after renunciation of executor trustee, 747. Petition to compel infant trustee to convey, 748. Petition to apply personal estate to improve real estate, 750. Petition to apply personal estate to improve real estate where owners are different, 751. Petition of married woman for trustee, 753. Proof of service endorsed on notice, 756. See Decedents. WASTE. See ESTEEPEMENT. WIDOW. Affidavit of appraisers for widow, 163. Affidavit of appraisers for widow of real estate and personal property, 169. Certificate for appraisers for widow, 164. Decree of adjudication where land is divided, 168. Decree of adjudication to widow where whole tract is worth no more than $300, 168. Decree charging interest of widow of deceased co-tenant on land after sale, 218. Decree charging widow's interest on part of real estate, 213. Election by widow of real estate, 164. Election of widow in answer to citation, 288. Election by widow of real estate where widow is administratrix, 165. Election by widow to accept or refuse under will, 289. Election by widow to take both personal and real estate, 169. Inventory of widow's election, 163. Inventory of widow taking real estate and personal property, 170. Order on widow not appearing to elect, 288. Petition for citation to widow to elect, &c., 287. Petition of co-tenant to charge widow's interest on decedent's share, 216. Petition to value the interest of widow of tenant in common, 215. Return of appraiser of real estate and personal property for widow, 171. WILL. Caveat against, 135. INDEX. 791 WILL — continued. Certificate of probate in another state, 139. Citation on application for probate of nuncupative will, 136. Citation to produce will, 130. Election of widow to accept, &c., under will, 289. Nuncupative will made at home, 137. Petition for citation to widow to elect to take or refuse under will, 287. Probate of nuncupative will made from home, 138. Request for issue on will, 136. Suggestion of existence of will, 129. See Decedents. Register. Trustees. THE END. ^ UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 851 455 6