269MA»NST^ UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY THE CLERK'S ASSISTANT, CONTAINING A LAKQE VAKZETY OF LEGAL FORMS AND INSTRUMENTS, ADAPTED NOT ONLY TO COUNTY AND TOWN OFFICEKS, BUT TO THE WANTS OP PROFESSIONAL AND BUSINESS MEN THKOUGHOUT THE UNITED STATES; HAVING PARTICULAR REFERENCE TO THE MIDDLE, EASTERN AND WESTERN STATES. BY HENRY S. McCALL, 111 ' COUNSELOR AT LAW. a?IIIRI> EDITION*. ALBANY: WILLIAM GOULD & SONS, Law Publishees, No. 68 State Street. 1872. Entered, according to act of Congress, in the year one thousand eight hundred and seventy-two, By WILLIAM GOULD & SONS, In the office of the Librarian of Congress, at Washington. T WEED, PABS0N8 AND COMPANT, PBIMTEBS AJND STEEE0TTPEE8, ALBANT, N. T. PREFACE TO THE THIRD EDITION. The great favor witli whicli the former editions of this work have been received by the legal profession, and the large class of officers for whom it was designed, has induced the publishers and the author to prepare a third edition. In doing this they have made a careful revision of the text; have altered many of the forms to adapt them to the many changes which have been made in our statutes since the first edition of the work was issued. The work has been published a sufficient length of time that the public may, in some measure, have become acquainted with its merits. And although it may be said to have had an unprecedented sale at the com- mencement, yet the work has continued to increase in public favor, year by year, from the first publication. Grateful to the public for their extensive favors in the . past, the publishers still trust a further increase of their patronage. 767717 PREFACE TO THE FIRST EDITION. Every active business man lias almost daily occasion to di'aw leases, assignments, or other .papers, intlie ordi- nary transaction of his duties. To draw these, without any form to direct, requires more time and attention than can be advantageously devoted to it ; while the continued employing of an attorney to draw all such necessary papers becomes a burdensome tax and ex- pense, requuing no small portion of the gains of a man in moderate business. The difficulty arises, not so much in framing that part of the contract or instrument which has immediate reference to the things to be done, as to the technical language used in the less formal parts of the instrument, such as at the beginning and close. For this purpose, it becomes important to have at hand a work, ample and complete in the many various forms, correctly framed to stand the test of litigation if need be, as well as embracing such practical information of elementary legal principles as will guide to a correct understanding of ordinary rights and duties, without resorting to professional aid. The object of this work is to satisfy the wants of the community in tliis respect, and furnish a valuable guide PREFACE. V and assistant to men of active pursuits, in all tlie various departments of life. The lawyer will find it a ready hand- book of precedents to that class of papers and instru- ments which lie out of the strict forms embraced in actions and suits at law, while the magistrate and county and town officer will find in it forms adapted to their varied wants and necessities; and the merchant, the mechanic, the farmer and man of business will welcome it as a reliable guide and director in the discharge of such public duties as may devolve upon them, as well as in the transaction of their individual concerns. Although the work has in it several chapters adapted to specific statutes of the State of New York, yet it will be found, in nearly all of its numerous pages, well suited to the wants of all of the Eastern, Middle and Western States, as particular attention has been paid to providing all the most needed fonns for every State in the Union. The kind favor with which the author's previous works have been received by the profession to which he belongs, leads him to hope that he has, in the present work, ac- complished something that will be of great aid and assist- ance, not only to the lawyer, but to business men of every class and condition. Albany, November, 1860. CONTENTS. CHAPTER I. PAGE Acknowledgment and proof of papers to be recorded, 1 CHAPTER H. Apprentices and Servants, 19 CHAPTER HI. Arbitration and Award, 37 * CHAPTER IV. Assignments, 47 CHAPTER V. Auctions, 63 CHAPTER VI. Banks and Corporations, 70 CHAPTER VII. Bills of Exchange and Promissory Notes, 90 CHAPTER VIIL Bills of Sale and Chattel Mortgage, 100 CHAPTER IX. Bonds, 107 CHAPTER X. Clerks ftnd Criers, 116 CHAPTER XL Contracts and Agreements, ,»^ 129 CHAPTER XII. Conveyances by Deed and Mortgage, 140 CONTENTS. Vll CHAPTER XIII. PAGK. Coroners, ■'•"^ CHAPTER XIV. Covenants, ^*' CHAPTER XV. Debtor and Creditor, 183 CHAPTER XVI. Dower 201 CHAPTER XVII. Excise, 211 CHAPTER XVIII. Fees of Officers, 21& CHAPTER XIX Fence Viewers, 235 CHAPTER XX. Ferries, • • 241 CHAPTER XXI. Highways, » 246 CHAPTER XXII. Husband and Wife, 287 CHAPTER XXm. Homestead Exemption, 297 CHAPTER XXIV. Insurance, ^^-^ CHAPTER XXV. Justices' Courts, • ^09 CHAPTER XXVI. Landlord and Tenant, - • 361 CHAPTER XXVII. Lunatics, 387 CHAPTER XXVIII. Mechanics' Lien, 3 V • • • VUl CONTENTS. CHAPTER XXIX. pagb. Naturalization, 402 CHAPTER XXX. Partnersliip, 408 CHAPTER XX^l. Patents, 418 CHAPTER XXXII. Pensions , 432 CHAPTER XXXIII. Plank Koads, 442 CHAPTER XXXIV. Poor Laws, 454 CHAPTER XXXV. Powers of Attorney, 489 CHAPTER XXXVI. Receipt and Release, 497 CHAPTER XXXVII. Schools, 502 CHAPTER XXXVIII. Ships and Vessels, 521 CHAPTER XXXIX. Strays, 528 CHAPTER XL. Taxes 532 CHAPTER XLI. Town Officers, 543 CHAPTER XLII. Wills, 552 THE CLERKS ASSISTANT. CHAPTER I. ICICNOWLEDGMENT AND PROOF OF PAPERS TO BE RECORDED. By the laws of every State in the Union, all deeds and con- veyances of land, except certain chattel interests, are required, for certain purposes, to be recorded, upon previous proof or acknowledgment. If not recorded, they are still good, and pass the title as against the grantor and his heirs and devisees; and void only as to subsequent bona fide purchasers and mortgagees whose deeds and conveyances shall be first recorded. But in Maryland, Virginia, and North Carolina, a deed must be duly acknowledged and recorded in order to be valid even as between the grantor and grantee. The New York Revised Statutes {vol. 3, p. 45, ^th ed.) require all conveyances of lands, tenements and chattels real, excepting leases for a term not exceeding three years, to be recorded. Such conveyances, and all other instruments required to be acknow- ledged, may be acknowledged or proved before the following officers : 1. In the State: Justices of the Supreme Court, Judges of County Courts, Mayors and Recorders of cities, Justices of the Peace, Commissioners of Deeds, Notaries Public. 2. Out of the State, and in the United States : The Chief Justice and Associate Justices of the Supreme Court of the United States, District Judges of the United States, the Judges or Justices of the Supreme, Superior or Circuit Court of any State or Territory within the United States, and the Chief Judge or any Associate 2 THE CLERK'S ASSISTANT. Judge of tlie Circuit Court of the United States in the District of Columbia, Mayors of cities in the United States, Commission- ers of Deeds appointed by the Governor of this State in other States and Territories and the District of Columbia. 3. Out of the United States : Any Consul of the United States, resident in any foreign port or countrj^; any Minister Plenipo- tentiary, or any Minister Extraordinary, or any Charge des Aifaires of the United States resident in any state or kingdoi^ in Europe or in North or South America ; the Mayors of London, Dublin, Edinburgh, and Liverpool; a judge of the highest court in Upper or Lower Canada; or persons appointed by the Gov- ernor of this State resident in certain cities in Europe, and persons specially authorized by a commission under the seal of the Supreme Court of this State. (3 J?. S., 46-58, 5th ed.) It is also provided, that the proof or acknowledgment of any deed or other written instrument required to be proved or acknowledsred in order to entitle the same to be recorded or used in evidence, when made by any person residing out of this State and within any other State or Territory of the United States, may be made before any officer of such State or Territory autho- rized by the laws thereof to take the proof and acknowledgment of deeds : to this there should be attached a certificate under the name and official seal of the clerk, register, recorder, or a protho- notary of the county in which such officer resides, or of the county or district court or court of common pleas thereof, speci- fying that such officer was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that such clerk, register, recorder, or prothonotary is well acquainted with the handwriting of such officer, and verily believes that the signature to said certificate of proof or acknowledgment is genu- ine. (3 B. S., 46, 5th ed.; 6 Abboth Prac. BeiJ., 180.) Provisions similar to this are adopted in other States: In Illinois, Kansas, Michigan, Minnesota, l^ebraska, Nevada, New Jersey, Ohio, Oregon ; in Pennsylvania {8. of 1840, chap. 586) ; in Yermont \r. S. of 1851, _^. 385) ; in Wisconsin {B. S. of 1849, p. 327.) For several of the States, the acknowledgment may be taken in any other State before a judge, justice of the peace or magis- trate, and certified by the clerk of the county : Indiana, Virginia, ACKNOWLEDGMENTS, &c. 3 West Yirginia, Massachusetts {R. S. of 1836, p. 40Y) ; Maine {R. 8. of 1857, p. 451) ; Mississippi {R. 8. of 1857, p. 312) ; Rhode Island {R. 8. of 1857, p. 336) ; Connecticut {Statutes of 1854, p. 632) ; but they must acknowledge thej executed the same as their free act and deed. The requirement of the statute relative to the proof and acknowledgment of conveyances, and other instruments, must be substantially complied with. (2 Barbour's Oh. Rep., 232.) If the execution of the instrument or conveyance is acknowledged by the party in person, the officer must certify that he knows him to be the person described in and who executed the same ; or, if proved, it must appear by the certificate that the subscribing witness testified as to his own place of residence, and that he knew the person described in and who executed such conveyance. (8 R. 8, 53, 5th ed.) Material erasures or interlineations, occurring in any convey- ance or instrument, should be noted previous to the execution of the same, or referred to in the certificate of the officer taking the proof or acknowledgment. If the proof or acknowledgment of an instrument is taken in one State to be used in another State, the venue of the certificate should show in what State the proof or acknowledgment is taken. Where the witnesses to any conveyance shall be dead, the same may be proved before any officer authorized to take the proof and acknowledgment of deeds, other than commissioners of deeds and county judges not of the degree of counsel in the Supreme Court. The proof of the execution of any conveyance in such case shall be made by satisfactory evidence of the death of all the witnesses thereto, and of the handwriting of such witnesses, or any one of them, and of the grantor ; all which evidence, with the names and places of residence of the witnesses examined before him, shall be set forth by the officer taking the same, in his certificate of such proof (3 R. 8, 58, 5th ed.) Upon the application of any grantee in .any conveyance, his heirs or personal representatives, or of any other person claiming under them, verified by the oath of the applicant that any witness to the conveyance, residing in the county where such application is made, refuses to appear and testify touching the execution thereof, and that such conveyance cannot be proved 4 THE CLERK'S ASSISTANT. without his evidence, any officer authorized to take the acknow- ledgment or proof of conveyances, except a commissioner of deeds, may issue a subpoena requiring such witness to appear and testify before such officer touching the execution of such conveyance. (3 R. S., 54, bth ed.) F O B M S . No, 1. BY GRANTOR KNOWN TO THE OFFICER. City and County of Albany, ss. On this 30th day of July, 1860, before mo personally came C. D. to me known to be the person described in, and who executed the within (foregoing or above) instrument, and acknowledged the execution thereof for the uses and purposes therein mentioned. A. B., Commissioner of Deeds, No. 2. BY HUSBAND AND WIFE KNOWN TO THE OFFICER. Albany, City and County, ss. On tliis 18th day of April, 1859, before me personally and severally came the within named E. F. and G. H., his wife, to me known to be the person described in, and who executed the within (or annexed) instrument, and severally acknowledged the execution thereof. And the said G. H., on a private examination by me made apart from her hus- band, acknowledged that she executed such conveyance freely, and without any fear or compulsion of her said husband. A. B., &c. No. 3. BY A SUBSCRIBING WITNESS KNOWN TO THE OFFICER. Rensselaer County, ss. On this third day of March, 1858, before me came E. F. to me known, the subscribing witness within named, who being by me sworn, did depose and say that he resides in the town of Nassau, county afore- said, that he knows G. H. the grantor within named, knows him to be the grantor who is described in and who executed the within instrument, that he was present and saw the said G. H. execute the same, and that he thereupon subscribed his name as a witness thereto. B. C, Justice of the Peace. 3Vo. 4. BY A GRANTOR IDENTIFIED BY A WITNESS. Orange County, ss. On this fifth day of April, 1858, before me came the above named G. H. the grantor named in the foregoing instrument, and ac- knowledged that he had executed the foregoing instrument for the uses and purposes therein mentioned : and at the same time before me came A. B. to me 6 THE CLERK'S ASSISTANT. known, who being by me sworn did say, that he resides in the town of Goshen, county aforesaid, that he knew the said G. H., the person making Baid acknowledgment, to be the individual described in and who executed the said instrument ; which to me is satisfactory evidence thereof. B. P., &c. JVo. U. BY A HUSBAND AND WIFE IDENTIFIED BT A WITNESS, County of Dutchess^ ss. On this tenth day of January, 1859, L. M. and N. M. his wife personally came before me and severally acknowledged that they had executed the within {or foregoing) conveyance {or instrument) for the uses and purposes therein mentioned ; and the said N. M. on a private exam- ination apart from her husband, acknowledged that she executed the same freely and without any fear or compulsion of her said husband : and at the same time came before me R. S. to me known, who being by me sworn did say, that he resides in the town of Rhinebeck, in said county, and that he knew the said L. M. and N. M. to be the same individuals described in and who executed the within conveyance, which to me is satisfactory evidence thereof. S. G., &c. Ifo. 6. AND WIFE IDENTIFIED. City and County of Schenectady, ss. On this fifteenth day of February, 1859, before me came the within named A. B. and C. his wife, and severally acknowledged that they had executed the within instrument ; and I certify that I know the said A. B. to be one of the persons described in and who executed said instrument; and the said C. on a private examination by me apart from her husband, acknowledged that she executed the same fireely and without any fear or compulsion of her husband : and at the same time before me came S. R. to me known, who being by me sworn did say, that he resided in the city and county aforesaid, and that he knew the said 0. who made the acknowledgment as aforesaid to be the same individual described in, and who executed the within conveyance, which is to me satisfactory evidence thereof, H. L., Commissioner of Deeds. Wo. v. BT TWO PERSONS, ONE KNOWN, AND ONE IDENTIFIED. County of Warren, ss. On this second day of January, 1859, before me personally came L. M. and N. O. and severally acknowledged that tliey had executed the foregoing instrument : and I certify that I know said L. M. to be one of the persons described in and who executed the foregoing instru- ment : and at the same time appeared before me R. H. to me known, who being by me sworn did say, that he resides in the city and county of Albany, and that he knew the said N. 0. to be one of the persons described in and who executed the foregoing instrument, which is to me satisfactory evidence thereof. K. B., &a ACKNOWLEDGMENTS, &c. 7 BY A PERSON CONVEYING BY A POWER OF ATTORNEY. Onondaga County, ss. On the 5th day of October, IRnS, before me cam 3 S. R., to me known, and acknowledged that he executed the within convey- ance {or instrument) as the act and deed of B. P., therein described by vu'tue of a power of attorney, duly executed by the said B. P., bearing date the 1st day of July, 1857, and recorded in the office of the clerk of the county of Onondaga, on the 2d day of July, 1857. K K., JvLstice of the Peace. BY UNDERSHERIFF IN THE NAME OF SHERIFF. Essex County, ss. On this 18th day of July, 1858, J. G., to me known, be- fore me personally came, and acknowledged that he, as undersherifF of H. M., Esq., the sheriff of the county of Essex, had executed the foregoing con- veyance, in the name and as the act and deed of the said sheriff. L. 0., Justice, &c. ISO. lO. BY WITNESS NOT KNOWN BUT IDENTIFIED, &C. Cayuga County, ss. On this 5th day of July, 1859, before me came R. B., who, being by me duly sworn, did depose and say, that he resides in the town of Stillwater, in the county of Saratoga, that he knew L. M., within named, knew him to be the person described in, and who executed the within instru- ment, that he saw the said L. M. execute the same, and that thereupon he subscribed his name thereto as a subscribing witness; and at the same time before me came L. S,, to me known, who being by me sworn did say that he resides in Syracuse, in the county of Onondaga, and that he knows the said R. B. to be the same person who was a subscribing witness to the withm con- veyance, which is to me satisfactory evidence thereof. K. P., i&c. ISO. 11. BY A SUBSCRIBING WITNESS OF A DEED EXECUTED BY A HUSBAND AND WIFE RESIDING OUT OF THE STATE. Albany City and County, ss. On the 6th day of December, 1858, before me came R. P., tlie within subscribing witness, to me known, who being by me duly sworn, did depose and say that he resides in the city of Schenectady, that he knows the within named K. L., and P. his wife, knows them to be the persons described in, and who executed the within conveyance, that he was present ai.d saw the said K. L., and P. his wife, execute the same, and that there- upon he became the subscribing witness tliereto ; that at the time of such exe- cution the said K. L., and P. his wife, were residents of the city of Boston, in the State of Massachusetts, and the said conveyance was executed in the said city of Boston. K A., &c 8 THE CLERK'S ASSISTANT. BY WITNESS IDENTIFIED IK A CASE SIMILAR TO THE LAST. [Leave out in tlie second line of the last form the words " to me kncwc," and add at the end of the form the following:] At the same time appeared be- fore me B. C, to me known, who being by me sworn, did depose and say that he resided in the said city and county of Albany, that he w{is well ac- quainted with R. P., and knows him to be the subscribing witness to the within conveyance, which is to me satisfactory evidence thereof A. B., &c. 3Vo. 13. PROOF OF A DEED BY AN INCORPORATED COMPANY. Columbia County, ss. On the 13th day of October, 1858, K. L., to me known, came before me, who being by me sworn, did say that he resides in the city of Hudson, and is President of the Fireman's Insurance Company of the City of Hudson, that the seal affixed to the foregoing instrument is the corporate seal of said company and was hereto affixed by the order of the Board of Directors of said company, and that he signed the same as President of the Board of Directors of said company, by virtue of a like order of said Board of Directors. E. a, c&c. No. X4. PROOF OF THE EXECUTION OF A DEED WHEN THE SUBSCRIBING WITNESSES ARE DEAD. County of Albany, ss. I hereby certify on the 5th day of August, 1858, before me came B. B., to me known, and to whom the foregoing deed was by me at that time shown, and the said B. B., being by me duly sworo, did depose and say that he resided in the town of Watervliet in said county, and that he was well acquainted with C. C, the within grantor named ; that he had frequently seen him write and knew his handwriting, that the name of the said grantor sub- scribed to the said deed, is in the handwriting of the said C. C, and the said B. B., further deposed and said that he was also well acquainted with E. D., one of the subscribing witnesses to the said deed, has seen the said E. D., write frequently, and is well acquainted with his handwriting, that at the time of the date of said deed the said E. D., resided in the village of Cohoes, in said county, and has been dead for about three years, that his name sub- scribed as a witness to said deed is in the proper handwriting of the said E. D., deceased. And the said B. B., further deposes that at the time of the date of said deed he was and for several years previous thereto, had been acquainted with one A. P., a farmer, residing at that time in the said town of Watetvliet, and a near neighbor of the said grantor, that the said A. P., died about one year since, that he was not acquainted with the handwriting of the said A. P. ; that he has never known or heard of any other person of the name of A. P., and that he cannot say in whose handwriting the name last mentioned is sub- scribed to the said deed. And I farther certify that the fact proved, as aforesaid, by the said B. B., is to me satisfactory evidence of the death of all the witnesses to the said deed and of the handwriting of E. D., one of the said witnesses, and of the hand- writing of C. C, the said grantor. E. L., Justice of the Peace. N. B. Conveyances, proved and certified as in the last form, may be recorded m the proper office it the original deed be at the same time deposited in the same office, there to remain for the inspection of all persons desiring to exam^ ine the same. (3 R. S., 58, 5th ed.) ACKiNOWLEDGMENTS, ifec. 9 No. X5. BY TWO HUSBANDS AND THEIR WIVES. Rensselaer County, ss. On this lOth day of April, 1858, before me person- ally and severally came A. A., and B. his wife, and C. C, and D. his wife, all to me known to be the persons described in and who executed the within in- strument, and severally acknowledged the execution thereof for the uses and purposes therein mentioned ; dnd the said B., and D., severally on a private examination by me made separate and apart from her several husband sev- erally acknowledged that they severally executed the said mstrument without any fear or compulsion of their several husbands. L. P., &c. iSo. xe BY WIFE IN SEPARATE CERTIFICATE. County of Orleans, ss. I hereby certify that on this 10th day of Decem- ber, 1858, before me came B. B. "wife of C. B., to me known to be the person described in and who executed the within conveyance, and acknowledged on a private examination by me apart from her husband, that slie executed the same freely and without any fear or compulsion of her husband. B. P., Justice of the Peace. No. ±<7. BY A SnERIFF. Orleans County, ss. On the 11th day of December, 1858. before me came D. D., to me known, sheriff of the county of Orleans, and known to me to be the person described in and who executed the foregoing instrument, and acknowl(;dged the execution thereof for the uses and purposes therein men- t^oiied. L M., &c. ISO. X8. BY AN ADMINISTRATOR, EXECUTOR OR TRUSTEE. County of Washington, ss. I hereby certify that on this 13th day of November, 1858, before me came E. C, to me known to be the person des- cribed in and who executed the within instrument and acknowledged the execution thereof, and acknowledged that he executed the same as the admin- istrator of tlie goods, chattels and credits of C. 0., late of the city of Albany, deceased, (or as the executor of the last will and testament of B. A., late of the town of Watervliet, deceased ; or as trustee of H. N., of the town of ^■lOX.) ;^£ ;^^ ^.^_ 3Vo. X9. FORM OF ACKNOWLEDGMENT IN MAINE, NEW HAMPSHIRE, MASSACHUSETTS AND CONNECTICUT. State of County of Town of ss. December 30, 1858, before me personally and severally appeared E. G., and C. G. his wife, to me known to be the persons described in {fnd who executed the foregoing instrument, and severally acknowledged that they did severally sign and seal tlie same as their free act and deed. p_ q^ j^^.^^ ^j. ^^^^^ p^^^^ 2 10 THE CLERK'S ASSISTANT. ITo. 30. FORM IN VERMONT. State of Vermont, Franklin County, ss. Fairfax, December 29, 1858, then personally appeared H. H., and M. H. his wife, to me known, and sever- ally acknowledged the within instrument b^ them signed and sealed, to be their free act and deed ; and the said M. H. being by me examined apart from ber husband, acknowledged that she executed the said deed freely and with- nt any fear or compulsion of her husband. Before me, S. W., Justice of the Peace. {Form in Rhode Island same as in New York^ TXo. ax. FORM IN NEW JERSEY AND DELAWARE. State of Kew Jersey, County of Essex, Town of Rahway, ss. On this lOth day of December, 1858, personally before me came C. D., and E. his wife, to me known to be the persons described in and who executed the foregoing instrtiment, and having first made known to them the contents thereof, they acknowledged that they executed the same for the uses and purposes therein mentioned ; and the said E. on a private examination apart from her husband, acknowledged that she signed, sealed and deliv- ered the same as her voluntary act and deed freely, and without any fear, threats, or compulsion of her husband. A B tfic No. 33. FORM IN PENNSYLVANIA. State of Pennsylvania, County of Bucks, ss. Be it remembered that on this 2d day of November, 1858, before me, one of the Judges of the Su- preme Court, personally came G. H., and B. his wife, and acknowledged the above conveyance to be their act and deed ; and the said B. being of full age, on a private examination by me separate and apart from her husband, the full contents of the said deed being first made known to her, declared that she did, voluntarily and of her own free will and accord, and without any coercion or compulsion of her said husband, seal, and as her own free act and deed, deliver the said conveyance. Witness my hand and seal j^ ^^^ j^^^^ ^^ g^^^^^ ^^^^^_ ^^_ ^j Wo. 33. FORM IN MARYLAND. State of Maryland, County of Harford, ss. On this 20th day of Decem- ber, in the year 1858, before me personally came H. L., and M. his wife, to me known to be the persons described in and who executed the within conveyance and severally acknowledged that they executed the same ; and the said M. being by me first privately examined, out of the presence and hearing of her husband, declared that she doth execute and acknowledge the same freely and voluntarily, and without being induced to .do so by fear or threats or ill usage by her said husband, or by fear of his displeasure, and then and there in my presence did sign and seal the same, out of the presence and hearing of her husband. L. K., Associate Judge, ACKNOWLEDaMENTS, &c. H No. 34. FORM IN VIRGINIA AND WEST VIRGINIA. State of Virginia, County of Fair/ax, ss. We, L. M. and N. P., two of the Justices of the Peace in and for the county of Fairfi.x, do hereby certify that S. D., and E. his wife, whose names are signed to ihe within writing of con-^eyance, personally appeared before us in the count}' aforesaid and sever- ally acknowledge the execution of the said writing for the uses and purposes therein mentioned ; and the said E. being by us examined privily and apart from her husband, and having the writing aforesaid fully explained to her, she the said E. acknowledged the said writing to be her act, and declared that she had willingly executed the same, and does not wish to retract it. Given under our hands this third day of November, one thousand eight hundred and fiftv-eight. ^ ^^ ^_ ^^ ^^ Wo. 35. FORM IN GEORGIA. State of Georgia, County of Franklin, ss. I hereby certify that on this 3d day of July, 1858, before me personally came L. B., and C. his wife, to me known to be the persons described in and who severally executed the within conveyance, and severally acknowledged the execution of the same; and the said C. on private examination by me acknowledged and agreed that she did, of her own free will and accord, subscribe, seal, and deliver Uie said conveyance, with an intention thereby to renounce, give up, and forever quit claim, her right of dower and thirds and all her other interest o^ into, and to the lands or tenements therein mentioned. M. M., Justice of the Peace. IVo. 36. FORM IN KENTUCKY. State of Kentucky, County of Hancock, ss. Be it remembered that on this 4th day of May, 1859, before me, L. P., County Clerk of the County Court of said County, at my office personally came S. C, and B. his wife, to me known to be the persons described in, and who executed the within deed and severally acknowledged that they executed the same for the uses and purposes therein mentioned; and the said B. on an examination by me, pri- vily and apart from her husband, declared that she did freely and willingly seal and deliver the said conveyance, which was then by me shown and ex- plained to her, and that she wishes not to retract it, and acknowledged it to be her act and consented that it may be recorded. Witness my hand and seal of court, at ray office the day and year last above written. ^ -g^ ^^^^.^^ ^^ ^^ ^^ 3Vo. ST. FORM IN OHIO. State of Ohio, County of Clinton, ss. Be it remembered, that on the 5th day cf May, 1859, before me, L. B., a Justice of the Peace in and for said county appeared personally L. S., and C. his wife, to me known, and severally ac- knowledged that they did severally sign and seal and acknowledge the within deed as their free act and deed ; and the said C, on an examinatioii separate and apart from her husband, I having first read over and made known to her the contents of the within deed, did declare that she did vol- untarily sign and acknowledge the same and that she is still satisfied there- with. L., &c. [l. S.J ]^ THE CLERK'S ASSISTANT. No. 38. FORM IN MICniGAN. Stctie of Michigan, County of Monroe, ss. Be it remembered that on tnis 6th day of April, 1859, before me, M. M., a Justice of the Peace in and for said county, personally came the within name^L. C, and D. his wife, person- ally known to me to be the persons described in and who executed the with- in instrument and acknowledged the same to be their free act and deed ; and the said D., wife of the said L. C, on a private examination before me, sepa- rate and apart from iier said husband, acknowledged that she executed the same freely, and without any fear or compulsion from any one. M. M., &c. No. 3». FORM FOR INDIANA. State of Indiana, County of Adams, ss. Be it remembered that on the 9th day of May, 1859, before me, A. B., a Justice of the Peace in and for said comity, personally appeared C. D., and E. his wife, and severally acknow- ledged the within instrument to be their act and deed ; and the said E. on a private examination by me, separate and apart from and without the hearing of her husband, I having first freely made known to her the contents and pur- port thereof, acknowledged to me that she executed the same of her own free will and accord, and without any coercion and compulsion from her said \ms- band. A, B., &c. TSo. 30. FORM FOR ILLINOIS. State of Illinois, Lake County, ss. Be it remembered that on the 10th day of October, 1858, before me the subscriber personally came L. L., and M. his wife, to me known to be the persons described in and who subscribed the within instrument of conveyance, and severally acknowledged that they exe- cuted the same ; and the said M. on an examination separate and apart from her husband, having had the contents thereof fully made known to her by me, acknowledged that she executed the same and relinquished her dower to the lands and tenements therein mentioned, voluntarily, freely, and without any compulsion of her said husband. ^ g_ ^^^ 4 No. 31. FORM IN MISSOURI AND IOWA. State of Missouri, Jefferson County, ss. Be it remembered that on the 11th day of May, 1858, before me the subscriber personally came L. B., and C. his wife, personally known to me to be persons described in and who signed the foregoing deed as the parties thereto and acknowledged that they severally executed the same for the uses and purposes therein mentioned ; and the said C. being examined by me, apart from her husband and made fully acquainted with the contents of the foregoing deed, acknowledged that she executed the same and relinquished the dower in the real estate therein men- tioned, freely and without fear, compulsion, or undue influence, of her said husband. A. G-., &c ACKNOWLEDGMENTS, &c. lU No. 33. FORM IN WISCONSIN. - State of Wisconsin, Racine Comity, ss. I hereby certify that ot this 6th day of July, 1858, before me came the within named L. D., and 0. his wife, to me known to be the persons described in and who executed the withiu deed, and severally acknowledged the execution thereof H. G., dc. No. 33. FORM IN CALIFORNIA. State of California, Sacramento County, ss. I hereby certify that on this 10th day of May, 1859, personally appeared before me the within named R. P., and K. his wife, to me known to be the persons described in and who ex ecuted the within instrument, and severally acknowledged that they severally executed the same freely and voluntarily for the uses and purposes therein mentioned ; and the said K. having been by me first made acquainted with tlie contents of sucli conveyance, acknowledged on an examination liad by me apart from and without the hearing of her husband, that she executed the same freely and voluntarily without fear or compulsion or undue influence of her husband, and that she does not wish to retract the execution of the same. B. C, &o. No. 34. CERTIFICATE OF COUNTY CLERK TO BE ANNEXED TO THE CERTIFICATE OF THE OFFICER TAKING THE ACKNOWLEDGMENT WHEN IT IS TO BE USED IN ANOTHER STATE. State of New York, City and County of Albany, Clerk's Office, ss. I, R. B., Clerk of the said city and county and, also. Clerk of the Supreme, County and Mayor's Courts, being Courts of Record held therein, do hereby certify that H. H., whose name is subscribed to the Certificate of Proof or Acknowledgment of the annexed instru- ment in writing, and indorsed thereon, was, at the time of taking such I" L. S. J Proof or Acknowledgment, a Commissioner of Deeds in and for the city aforesaid, dwelling in the said city, and duly authorized to take the same : And that I am well acquainted with the handwriting of the said Commissioner and verily believe that the signature to the said Certificate of Proof or Acknowledgment is genuine ; and that the said instrument is executed and acknowledged according to the laws of the State of New York. In testimony whereof, I have hereunto set my hand, and affixed my official seal, as County Clerk and Cle'-k of said Courts, this 10th day of May, 1859. R. B., Clerk Wo. 30. SATIPFACTION OF A MORTGAGE. A mortgage bearing date tl^e 5th day of May, 1853, executed by H. M., and B. liis wife, and recorded in the Clerk's office of the county of Monroe, in Book No. 35 of mortgages, on pages 206, &c., on the 6th day of May, 1853, and the bond accompanying said mortgage, are redeemed and satisfied, and I tiereby authorize the same to be discharged. Dated May lUth 1859. R. £4 THE CLERK'S ASSISTANT. County of Monroe, ss. On this 10th day of May, 1859, before me oame R. O., above named, to me known to be the person described in, and who exe- cuted the above instrument, and acknowledged the execution thereof. A. B., Justice of the Peace. No. 36. CERTIFICATE OF SATISFACTION WRITTEN ON THE MORTGAGE. The within mortgage and the bond accompanying the same have been fully paid. May 10th, 1859. (Add acknowledgment as aiove.) No. 3-7. SATISFACTION OF A JUDGMENT ENTERED IN A COURT OF RECORD ACKNOWLEDGED BY THE ATTORNEY. SUPREME COURT — Monroe County. . -D ] Judgment entered, May lOi/i, 1858. agt' [ Recovery, $524 38 Q -^j) I Costs, 14 22 " $538 60 E. F., Plaintiff's Attorney. The above described judgment has been fully paid and satisfied. December 10th, 1858. E. F., Attorney for Plaintiff. Monroe County, ss. On this 10th day of December, 1858, before me came the above named E. F., attorney for the above named plaintiff, to me known to be the person who executed the above instrument of satisfaction, and acknowledged the execution thereof. G. H., Justice of the Peace. -o^ No. 38. SATISFACTION BY PLAINTIFF OF A JUDGMENT OF A COURT OF RECORD. SUPREME COURT — Orleans County. S. H. agt. y Satisfaction of Judgment. L. Q. Satisfaction is acknowledged of judgment between S. H., plaintiff, and L. Q., defendant, for the sum of S51G.10. Judgment entered in the Judgment Book of the county of Orleans, on the 3d day of July, 1855. Dated April 10th, 1859. S. H. Orleans County, ss. On this 10th day of April, 1859, before me came th« above named S. H., to me known to be the person described in, and who ex- ecuted the above instrument of satisfaction, and acknowledged the execution thereof. R. N., Justice of the Peace ACKNOWLEDGMENTS, &c. 15 aVo. 39. SATISFACTION OF A JUDGMENT OF A JUSTICES' COURT AFTER THE SAME HAS BEEN DOCKETED IN THE OFFICE OF THE COUNTY CLERK. WASHINGTON COUNTY. E. P. agt. A. B. Judgment rendered before R. S., a justice of the peace in and for said county, on the 19th day of November, 1857, for $26.13, damages and costs. Transcript filed and judgment docketed the 22d day of November, 1857. I hereby acknowledge satisfaction of the above mentioned judgment. January 10th, 1859. E. P. (Add acknowledgment as above.) ISO. 4 0. CERTIFICATE OF COUNTY CLERK THAT JUDGMENT HAS BEEN SATISFIED. STATE OF NEW YORK, Supreme (or County) Court, Albany County. tf- [gx:^i:::::::::::::::::::::::::::''gg ^- ^- ) $165 71 RoU filed May 13th, 1858, 3 h. p. m. J. G., Plaintiff's Attorney. Supreme (or County) Court, Clerk's Office, ) City and County of Albany, May 13th, 1859. ) I certify that the above judgment was discharged of record the 13th day of May, 1859. R. B., Clerk ISO. 41. petition for a subp(ena to compel a subscribing witness to prove the execution of a conveyance. To Hon. B. B., County Judge of Orleans County : The petition of C. C, respectfully shows, that one E. P. executed and de- livered to your petitioner a deed of a certain piece of property, and that G. H., Uving in said county, is a witness to the execution of the said deed ; that said E. P., has died since the execution and delivery of said deed ; that the execution of the said deed has not been acknowledged or proved, and cannot be so proved without the evidence of the said G. H. ; that your petitioner has applied to the said G. H. and requested him to testify touching the execution cf the said deed, and that the said G. H. has refused to testify touching the execution thereof, notwithstanding your petitioner has called on the said G. H., in company with an officer empowered to take the proof of the execution thereof Wherefore, your petitioner asks your Honor to issue a subpoena re- quiring the said G. H. to appear before you and testify touching the execu- tion of said instrument. C. C. lt> THE CLERK'S ASSISTANT. Orleans County, ss. C. C, being sworn, says, he has read the foregoing petition by him subscribed, and that the contents thereof are true. c. c. Subscribed and sworn before me ) this 10th of May, 1859, ] B. B., County Judge of Orleans County. ISO. 43. SUBPOENA FOR A SUBSCRIBING WITNESS TO APPEAR AND TESTUT. To S. H., of the town of Albion, County of Orleans: In the name of the People of the State of New York, you are hereby summoned to be and appear before me at my office in the village of Orleans in said county on the Uth day of May, 1859, at 2 o'clock in the afternoon to testify and give evidence in regard to the execution of a certain paper writ- ing, purporting to be a deed of conveyance from one E. F., to C. C, to which you are a subscribing witness as appears by the application of the said C. C. Whereof, fail not. Given under my hand this May 10th, 1859. B. B., Orleans County Judge. No. 43. PROOF OF SERVICE OF SUBPCENA. County of Orleans, ss. H. K., being sworn, says, that on the. 10th day of May, 1859, at Albion, in said county, he served the within {or foregoing) sub- poena on the within (or foregoing named S. H.,) and that such service was made by showing the within (or foregoing) original subpoena, and at the same time giving to and leaving with him a copy of the same, and at the same time paying him fifty cents, his fees. H. K.. Sworn before me this ) May 10th, 1859, \ B. B., Orleans County Judge. No. 44. WARRANT TO ARREST. To the sheriff of the County of Orleans, Greeting : In the name of the People of the State of New York, you are hereby com- manded forthwith to apprehend and take into custody G. H., of your county and bring him before me, B. B., County Judge of said county, at my office in the village of Albion, in the county of Orleans, to testify and give evidence touch- ing the execution of a certain conveyance of real estate made by E. F. to C. C, to which deed of conveyance the said G. H., is a subscribing witness, as it ap- pears to me, of record; the said G. H., having been duly subpoenaed to be and appear before me and to testify and give evidence in regard to the execu- tion of the said conveyance, and having neglected and refused to attend in pursuance of said subpoena. Given under my hand and seal this 11th day of May, 1859. B. B., &c. L. s. ACKNOWLEDGMENTS, &c. 17 No. 43. COMMITMENT OF WITNESS REFUSING TO TESTIFY. The People of the State of New York, to any constable of the County of Orleans, Greeting: Whereas, G. H., who resides in the town of Albion, county aforesaid, hav- ing been brought before me on a warrant to testify and give evidence in re- gard to the execution of a certain deed or conveyance made by E. P., to C. C, has, without cause or reasonable excuse, refused to answer upon oath, touching the matters aforesaid. You are commanded forthwith to commit and deUver the said G. H., to the sheriff of the said countj'- of Orleans, who is required to receive the said G. H., and to commit and imprison him in the jail of the said county, there to remain without bail and without the hberties of the jail until he shall submit to answer upon oath as aforesaid. Given under my hand and seal this 11th day of May, 1859. B. B., Judge of the County of Orleans, [l. &] JSo. 46. OATH TO BE ADMINISTERED TO THE SUBSCRIBING WITNESS. You do swear in the presence of the ever-living God, that you wiU true answers make to such questions as shall be put to you touching the execution of the deed of conveyance here shown to you. OR, You do solemnly swear, that you will true answers make to such questions as shall be put to you in regard to the execution of the deed of conveyance here shown to you. So help you God. OATH TO BE ADMINISTERED TO A PERSON IDENTIFYING THE PARTIES OR THE SUBSCRIBING WITNESS TO A CONVEYANCE. You do swear in the presence of the ever-living God, that you will true answers make to such questions as shall be put to you, touching the identity of the subscribing witness {or of the parties) to this conveyance. OR, You do solemnly swear, that you will make true answers to such questions as shall be put to you in regard to the identity of the subscribing witness (or of the parties) to this conveyance. So held you God. Wo. 48. AFFIRMATION TO BE ADMINISTERED TO AN AFFIANT. You do solemnly, sincerely and truly declare and affirm that the contents of this affirmation by you subscribed are true. No. 49. AFFIDAVIT TO A DEPONENT SWORN WITH THE UPLIFTED HAND. You do swear in the presence of the ever-Uving God, that the contents of this affidavit by you subscribed are true. 3 18 THE CLERK'S ASSISTANT. No. SO. AFFIDAVIT TO A DEPONENT SWORN ON THE GOSPELS. You do solemnly swear that the contents of this affidavit by you subscribed are true. So help you God. CHAPTER 11. APPREXTICES AND SERVANTS. Apprentices are minors, bound to service for a term of years, to learn some art or trade. In many respects the relation of mas- ter and apprentice is similar to that of master and servant. A master may correct his apprentice for negligence or other miscon- duct if it be done with moderation. He is entitled to the wages and fruit of the personal labor of the apprentice, while the rela- tionship continues, and the apprentice is in his service. The apprentice is bound to labor fliithfully and to render all due obedience, becoming the relation in which they are placed. Contrary to the case of hired servant, the master is bound to pay for medical attendance upon the apprentice in case of sickness. Upon the death of the master, the apprenticeship is dissolved ; but the assets of the master, in the hands of the representatives, are chargeable with the necessary maintenance of the infmt apprentice, in certain cases. The relation of master and apprentice, rest altogether upon contract, and all the States have passed laws for the proper regu- lation of such contracts. In many respects these regulations are similar to those of the State of New York, which are as follows : § 1. Every male infant and every unmarried female under the age of eighteen years, with the consent of the persons or officers hereinafter mentioned, may of his or her own free will, bind him- self or herself in writing, to serve as clerk, apprentice or servant, in any profession, trade or employment; if a male until the age of twenty-one years ; and if a female, until the age of eighteen years, or for any shorter time ; and such binding shall be as valid and effectual as if such infant was of full age, at the time of making such engagement. § 2. Such consent shall be given : 1. By the parents of the infant. But if the father be dead, or be not in a legal capacity to give his consent, or if he shall 20 THE CLERK'S ASSISTANT. have abandoned and neglected to provide for his family, and such fact be certified by a Justice of the Peace of the town, and indorsed on the indenture, then, 2. By the mother. If the mother be dead, or be not in a legal capacity to give such consent, or refuse, then, 3. By the guardian of such infant duly appointed. If such in- fant have no parent living, or none in a legal capacity to give consent, and there be no guardian, then, 4. By the Overseers of the Poor, or any two Justices of the Peace of the town, or any Judge of the County Court of the County where such infant shall reside. § 3. Such consent shall be signified in writing by the person entitled to give the same, by a certificate at the end of, or indorsed upon the indentures, and not otherwise. § 4. The executors of any last will of a father, who shall be directed in such will to bring up his child to some trade or call- ing, may bind such child to service, as a clerk or apprentice, in like manner as the father might have done, if living. § 5. The County Superintendents of the Poor in the several counties, may bind out any child under the ages above specified, who shall be sent to any county poor house, or who is or shall become chargeable, or whose parent or parents are or shall be- come chargeable to such county, to be clerks, apprentices or ser- vants, until such child, if a male, shall be twenty-one years old, or if a female, shall be eighteen years old ; which binding shall be as effectual as if such child had bound himself wath the con- sent of his father. §6. The Overseers of the Poor of any town or city, may in like manner bind out any such child, who, or whose parent or parents shall become chargeable to such town or citj^, or who shall have been sent to any poor house, other than a county poor house, with the consent in writing, of any two Justices of the Peace of the town, or of the Mayor, Recorder and Aldermen of any city or of any two of them. (§7. Provides for binding out children of Indian women.) § 8. The age of every infant so bound, shall be inserted in the indentures, and shall be taken to be the true age without further proof thereof; and whenever any public ofiicers are authorized to execute any indentures, or their consent is required to the APPRENTICES AND SERVANTS. 21 validity of tlie same, it shall be their duty to inform themselves fully of the infant's age. §9. Every sum of money paid or agreed for, with, or in rela- tion to the binding out of any clerk or apprentice, shall be inserted in the indentures. § 10. Whenever any child shall be bound out by the County Superintendents of the Poor of any county, or by the Overseers • of the Poor of any city or town, the indentures shall contain an agreement on the part of the person to whom such child shall be bound, that he will cause such child to be instructed to read and write, and if a male, will cause him to be instructed in the gen- eral rules of arithmetic ; and every such indenture shall also contain an agreement that the master will give to such apprentice, at the expiration of his or her service, a new Bible. §11. The counterpart of any indentures executed by the County Superintendents of the Poor, shall be by them deposited in the office of the Clerk of the County ; and the counterpart of such indentures executed by any Overseers of the Poor shall be by them deposited in the office of the Clerk of their city or town § 12. Any person coming from any foreign country beyond sea, may bind himself to service, if an infant, until he attain the age of twenty-one years, or for a shorter term. Such contract of service if made for the purpose of raising money to pay his pas- sage, or for the payment of such passage, may be for the term of one year, although such term may extend beyond the time when such person will be of full age ; but it shall in no case be for a longer term. § 13. No contract made under the last section, shall bind the servant unless it be acknowledged by him before some Mayor, Kecorder or Alderman of a city, or before some Justice of the Peace; nor unless a certificate of such acknowledgment, and that the same was made freely on a private examination, be indorsed upon such contract. § 14. The contracts specified in the two last sections, may be assigned by the master, by an instrument in writing indorsed thereon executed in the presence of two witnesses ; if such as- signment be approved of in writing by any magistrate mentioned in the preceding section, and such approbation shall be also indorsed on the contract, {S R. S., 248-250, bth ed. ) 22 THE CLERIvS ASSISTANT. It is made tlie duty of the several Superintendents of tlie Pooi to be the guardians o!" a[)prentices ; to take care that the terms of the indentures bo fulfilled, and that the apprentices are properly used; and it is made their especial duty to inquire into the treat- ment of every such person, and redress any grievance in the man ner prescribed by law. The apprentice is bound to labor or serve faithfidl}^, and if he refuses to serve he may be imprisoned in jail until he is willing to serve according to law ; and also to serve double the time he had wrongfully withdrawn himself from service, provided the same does not extend beyond three years, next after the original time of service. Grievances of the apprentice arising from wrong or ill usage on the part of the master, or grievances of the master arising from a bad or unfaithful apprentice, can be redressed in the Court of Sessions of the County, or by any two Justices of the Peace, who have power to annul the contract and discharge the apprentice, or imprison him if he be in the wrong. The statute further provides : § 39. No person shall accept from any journeyman or appren- tice, any contract or agreement, nor cause him to be bound by oath or otherwise, that after his term of service expired, such journeyman or apprentice shall not set up his trade, profession or employment, in any particular place, shop, house or cellar ; nor shall any person exact from any journeyman or apprentice after his term of service expired, any money or other thing, for using and exercising his trade, profession or employment, in anyplace. §40. Every security given contrary to the provisions con- tained in the last section, shall be void ; any money paid, or valua- ble thing delivered, for the consideration, in part or in whole, of any such agreement or exaction, may be recovered back by the person paying the same with interest; and every person accept- ing such agreement, causing such obligation to be entered into, or exacting money or other thing as aforesaid, shall forfeit one hundred dollars to the apprentice or journeyman from whom the same shall have been received. § 41. Upon the death of any master, to whom any person may have been bound to service, as clerk, 'apprentice or otherwise by the County Superintendents of the Poor, or by the Overseers of the Poor, the executors or administrators of such master, may, wilu APPRENTICES AND SERVANTS. 23 the consent of the person bound to service, signified in writing, and acknowledged before a Justice of tbe Peace, assign tbe con- tract of such, service to any other person, which assignment shall vest in such assignee all the rights of the original master, and render him subject to all his obligations. § 42. If the person so bound to service, refuse to give such consent, such assignment may be made under the sanction of an order of the Court of Sessions, after fourteen days' notice of an application to that effect, served on the apprentice, his parent or guardian, if there be any in the county, and when so made such assignment shall be as valid and effectual as if such consent had been given in manner aforesaid. § 43. The provisions (above referred to) apply as well to mis- tresses, female guardians, apprentices and wards, respectively, as^ to masters, male guardians, apprentices and wards. ( 2 jB. /SI,. 254, 255, 5th ed.) By the Laws of 1871, chapter 934, the former provisions have been modified. The present statute requires that all apprentices shall be indentured for a term not less than three nor more than five years ; the employer shall covenant to provide suitable and proper board, lodging and medical attendance, and teach every branch of his or their business to said apprentice. Any person taking an apprentice without complying with the provisions of the act shall be deemed guilty of a misdemeanor, and, on conviction, shall be subject to a fine of not less than five hundred dollars. FORMS. JSn. 1. APPRENTICES INDENTURE. This indenture witnesseth that L. P. of the town of Schodack, county of Rensselaer and State of New York, now aged eighteen years, by and with the consent of R. P., his father (or mother, his father having abandoned or neg- lected to provide for his family, or being legally incapacitated, or being dead) herein indorsed, hath voluntarily, and of his own free will and accord, put and bound himself apprentice to B. B. of the city of Troy in the county aforesaid, to learn the art, trade, and mystery of a baker, and as an apprentice, to serve from this date, for and during and until the full end and term of three years next ensuing (or until the said L. P. shall have attained the age of twenty- one years, which will be on the 10th day of June, 1862), during all which time, the said apprentice his master faithfully, honestly and industriously shall serve, his secrets keep, all lawful commands everywhere readily obey, and at all times protect and preserve the goods and property of said master and not suffer or allow any to be injured or wasted ; he shall not buy, sell, or traffic with his own goods, or the goods of others, nor be absent from his said master's service day nor night, without leave, and in all things behave himself as a faithful apprentice ought to do diiring the said term. And the said B. B. shall clothe and provide for the said apprentice in sickness and in health, and sup- ply him with suitable food and clothing ; and shall use and employ the utmost of his endeavors to teach or cause him, the said apprentice, to be t'o. 19. WARRANT TO COSDfIT AFTER EIEARING ON THE ABOVE COMPLAINT. Rensselaer County, Tow of Schodack. The People of the State of Xew York to any constable of said county Greeting : Complaint having been duly made to the undersigned, two of the Justicei of the Peace of the to-wn aforesaid, in regard to the alleged misbehavior and ill-demeanor of L. R., whereupon the undersigned caused tlie said L. R. to appear before them at the office of the said R. S. on this 15th day of May, 1859, when and where the undersigned in due form of law having heard and examined the said complaint, and the truth of the facts therein alleged, and having determined that the same appear to be well-founded, and decided that the said L. R. is guiltj^ of the said misdemeanor and ill-behavior in manner and form as was in the said complaint alleged, to wit: that the said L. R. has been guilty of the following wrongs (here set forth the particular act of which the apprentice has been found guilty), and it appearing that the said B. B. has not received, and is not entitled to receive, any sura of money with the said L. R., as a compensation for his instruction.* You are therefore hereby com- manded to deliver the body or person of the said L. R. at the common jail of said county to the sheriff of said county, or to the keeper of said jail, who are respectively required to receive him, the said L. R., and to commit and imprison him in the said common jail for the period of 25 days, there to be employed in hard labor in solitary confinement Given under our hands this May 14, 1859. R. S., Justice of the Peace. 1 ss. B. S., Justice of the Peace. IS o. SO. DISCHARGE OF THE APPRENTICE FROM SERVICE. {As in the last form to the * then as follows:) Now, therefore, pursuant to the statute in such case made and provided, the undersigned hereby certify that they have discharged and do hereby dis- charge the said offender, L. R., from his said service, and the said master, B. B., from all his obhgations to the said L. R., incurred under and by vir- tue of the indentures of apprenticeship. Given under om- hands this May 15th, 1859. R. S., Justice of the Peace. B. S., Justice of the Peace. APPKEXTICES AND SERVANTS. 81 IS'o. 31. COMPLAINT BY APPRENTICE OF ILL USAGE FROM HIS MASTER. To B. B. and D. D., Esquires, two of the Justices of the Peace of the county of Rensselaer : The petition of L. E., of the town of Schodack in said county respectfully shows, that your petitioner was lawfully bound as an apprentice to one G-. H., by indentures of apprenticeship, bearing date the 9th day of October 1857, a copy of which said indentures are hereto annexed, that the term of appren- ticeship for which your petitioner was bound has not yet expired, and that he, said Gr. H., has not received and is not entitled to receive, any sum of money as a compensation for the instruction of your petitioner, and the said G-. H. has cruely beat, bruised, and wounded your petitioner, being his apprentice aa aforesaid (or has misused and ill-treated your petitioner as such apprentice and refused and still refuses and declines to furnish your petitioner with neces- sary provisions and clothing), at Schodack aforesaid, on the 15th day of April, 1859, and at divers other times within two months last past. April 16th, 1859. L. R. County of Rensselaer, ss. L. R., being sworn, says, the facts stated in the foregoing petition are true. L. R. Sworn before me this ) April 16th, 1859, ( B. B., Justice, dbc, JSo. 33. SUMMONS ON apprentice's COMPLAINT OF LLL TREATMENT. County of Rensselaer, ss. The People of the State of New York, to any constable of said county Greeting : Complaint upon the oath of L. R., apprentice to G. H., has been made to us the undersigned, two of the Justices of the Peace, in and for said county, alleging that the said G. H., to whom the said L. R. is lawfully bound as an ap- prentice, has cruelly beaten, bruised and wounded the said L. R., apprentice as aforesaid {or has misused and ill-treated the said L. R., being his apprentice as aforesaid, by refusing to furnish him with necessary provisions and clothing), to wit, at Schodack in said county, on the 15th day of April, 1859, and at divers other times within two months past. Now therefore, you are hereby com- manded to summon the said G. H. and L. R., to appear before us at the office of B. B., in the town of Schodack, on the 16th day of April, 1859, at 3 o'clock in the afternoon of that day, that we may hear, examine and determine as to the truth of the allegations in the said complaint. "Witness our hands this April 15th, 1859. B. B., Justice of the Peace. D. D., Justice of the Peace, 2Vo. 33. « DISCHARGE OF APPRENTICE AFTER HEARING ON COMPLAINT. County of Rensselaer, ) town of Schodack, J A petition of complaint under oath having been presented to us, the under- signed two of the Justices of the Peace of the county aforesaid, by L. R, g? THE CLERK'S ASSISTANT. apprentice to G. H., of said town, that the said G. H., to whom the said L. R. was lawfully bound by indentures of apprenticeship, the term of whose ser- vice in which was still unexpired, and who had not received, nor was entitled to receive any sum of money as a compensation for the instruction of the said L. R., had cruelly beaten, bruised and wounded the said L. R., apprentice as aforesaid (o/- has "misused and ill-treated the said L. R., being his apprentice as aforesaid by refusing to furnish him with necessary provision and clothing) ; and the said G. H. and L. R., by virtue of our summons issued upon said petition of complaint have been brought before us, and upon due examination of the proofs and allegations of the parties, we find the said G. H. to be guilty of the various acts and misdemeanors charged against him as in said petition of complaint alleged. Now, therefore, we do hereby discharge the said L. R. from the service of the said G. H., anything in his indenture of apprentice- ship to the contrary notwithstanding. Given under our hands this April 16th, 1859. B. B., Justice of the Peace. D. D., Justice of the Peace. COMPLAINT BY APPRENTICE WHERE MONEY HAS BEEN PAID OR AGREED TO BE PAID THE MASTER. To E. E., Esq., one of the Justices of the Peace of the town of Schodack of the county of Rensselaer: The petition of complaint of L. R. of said town respectfiilly shows that your petitioner was bound as an apprentice to one G. H. of said town by articles of indenture, dated May 10th, 1858, a copy of which is hereto an- nexed, that the said G. H. has already received the sum of $25 as compensa- tion for the instruction of your petitioner, that the time of said apprenticeship has not expired, and that said G. H. has cruelly beaten, bruised and wounded your petitioner, being his apprentice as aforesaid (or has misused and ill-treated your petitioner as such apprentice and refused and stQl refuses and declines to furnish your petitioner with necessary provisions and clothing, or to give him the instruction as in and by the said indenture he is bound to do), to wit, at Schodack aforesaid on the 10th day of April, 1859, and at divers other times in the last two months, wherefore, he prays that an examination herein may be made, and that justice may h& done between the said G. H. and your petitioner. ' I . R. AprU 12th, 1859. Rensselaer County, ss. L. R., being sworn says, that the facts and allega- tions set forth in the foregoing petition of complaint are in all respects true. L. R. Sworn before me this 12th ) day of April, 1859, ) C. G., Justice of the Peace, JSo. 35. SUMMONS ON THE FOREGOING. County of Rensselaer, ss. The People of the State of New York, to any constable of said county Greeting : Complaint having been made to me, one of the Justices of the Peace of the town of Schodack of said county, upon oath of L. R., an apprentice to one APPRENTICES AND SERVANTS. 33 G. H. of said town, that the said G-. H. to whom the said L. R. is bound by indentures of appreuticesliip, the term of service whereof has not expired, and who has received the sum of §25 as a compensation for the instruction of the said L. R., has cruelly beaten, bruised and wounded him, the said L. R., being his apprentice as aforesaid (or has misused and ill-treated such apprentice and refused and still refuses and declines to furnish to said apprentice with necessary provision and clothing). Now, therefore, you are hereby commanded to sum- mon the said G. H. and L.. R., to appear before me at my office, in the town of Schodack, on the 13th day of April, 1859, at 3 o'clock in the afternoon, that I may hear, examine into, and determine in regard to the said complaint. Witness my hand this April 12th, 1859. E. E., Justice of the Peace. ISo. 36. RECOGNIZANCE OF MASTER WHEN JUSTICE DOES NOT SETTLE THE DIFFERENCE. We, Gr. H. and D. D., of the town of Schodack in the county of Rensselaer, do acknowledge ourselves indebted to the People of the State of New York, in the sum of $200, for which payment well and truly to be made we bind, ourselves, and each of our heirs, executors and administrators, firmly by these presents. Sealed with our seals and dated this 13th day of April, 1859. Complaint on oath having been made to E. E., one of the Justices of the Peace of the county of Rensselaer, by R. L., an apprentice, against Gr. H., his master, and the parties having been summoned and appeared before the said Justice, and after due examination into the premises, the difficulty between said parties could not be compounded or reconciled. Now, therefore, the con- dition of this obligation is such, that if the said Gr. H. shall personally be and appear at the Court of Sessions of the county of Rensselaer, at the next term tliereof, to be held at the city of Troy in and for said county, then and there to answer to the complaint of the said R. L., and to do and to receive what shall, by the court, be then and there enjoined upon him, and shall not depart the court without leave, then this recognizance shall be void, otherwise of full force and virtue. G. H. [L. s.] D. D. |L. s.] Rensselaer County, ss. On this 13th day of April, 1859, before me came the above named G. H. and D. D., to me known to be the persons described in and who executed the foregoing instrument and severally acknowledged the execution thereof. E. E. Justice of the Peace. Rensselaer County, ss. D. D., of the town of Schodack being sworn, says, he is a resident and householder within the county of Rensselaer, and is worth the sum of §200, over and above all just debts and liabilities and properly exempt from execution. D. D. Sworn before me this April 13th, 1859, \ E. E., Justice, etc. 34 THE CLERK'S ASSISTANT. ISO. ST. ORDER OF COURT OF SESSIONS ON HEARING THE COMPLAINT. At a Court of Sessions held for the county of Rensselaer, at the City Hall iu the city of Troy, in and for said county, on the 20th day of May, 1859. ( B. P., County Judge. Present. < B. B., Justice of the Peace. ( L. S., Justice of the Peace. In the matter of complaint made ) by R. L., an apprentice, against >- G. H., his master. ) The said R. L., having filed his petition of complaint before D. D., a Justii^e of the Peace of said county, against G. H., his master, who had received the sum of $25 as a compensation for the instruction of thu said R. L., that the said G. H. had cruelly beaten, bruised and wounded him the said R. L., being his apprentice as aforesaid {o7- had misused and ill-treated him, the said R. L., being his apprentice as aforesaid, by refusing to furnish him the said R. L. with necessary provision and clothing), the said parties having been sum- moned, and appeared before the said justice; and after due examination in re- gard to the allegations of the said R. L., the difficulty between the two parties could not be compounded, satisfied or reconciled. Whereupon the said G. H., gave his recognizance personally t(; be and appear at this Court of Sessions of the said county, to answer to the complaint aforesaid, &c. And now the tes- timony of tlie said parties having been heard and considered, and the said parties having been heard by their respective counsel, it is ordered, decreed and determined by this court, that the indentures of apprenticeship of the said L. R. be and the same are hereby canceled, set aside, and declared of none effect; and that the said L. R. be and he is forever discliarged from the same. And it is further ordered, that the said G. H. refund to R. L. {or to M. L., the father or mother or guardian of the said R. L.), the sum of $25, being the sum paid to the said G. H., as a compensation for the instruction of the said R. L. And it is further ordered that the said M. L., father (or mother or guar- dian) of the said R. L., be discharged from his obligation or agreement to pay said G. H. any further sum as a compensation for the instruction of the said R. L. ; and also ordered that the said indentures of apprenticeship and- the securities be given up forthwith and canceled. (Copy.) R. B., Clerk. jso. as. COMPLAINT BY MASTER AGAINST AN APPRENTICE REFUSING TO SERVE, WHERE A COMPENSATION IS PAID FOR INSTRUCTION. To B. B., Esq., one of the Justices of the Peace for the county of Rensselaer : The petition of G. H., of the town of Schodack in said county, respectfully .shows in this his complaint, that R. L., an apprentice lawfully bound to serve your petitioner, whose term of service is still unexpired, and for whose in- struction your petitioner has received $25 (or is entitled to receive the sum of $50 on the termination of said apprenticeship), refuses to serve your petitioner as he is required to do by law and the terms of his indenture, a copy of which indenture is hereto annexed. Your petitioner therefore prays that a summons may be issued, requiring the said R. L. to appear before you, in order that an inquiry and examination may by you be made, in order that equity and justice may be done in the pre- mises. March 1st, 1859. G. H. APPRENTICES AND SERVANTS. • 35 County of Remselaer, ss. G. H., being sworn, says he has read the fore- going petition by him signed, and that the facts and allegations therein set forth are true G. H. Sworn before me this ) March 1st, 1859, \ L. B., Justice, &c. SUMMONS ON THE FOREGOING PETITION OF COMPLAINT. The People of the State of New York, to any constable of the county of Rensselaer, Greeting : Complaint having been made to me, that R. L., an apprentice to one G. H., whose term of service is still unexpired, and for whose instruction the said G. H. has received $25 {or is entitled to receive the sum of $50 on the termination of said apprenticeship), refuses to serve the said G. H., as by law and the terms of his apprenticeship he is bound to do. Now, therefore, you are here- by commanded (as in No. 25, to the end). nvo. 30. BOND OF RECOGNIZANCE OF APPRENTICE WHEN JUSTICE DOES NOT SETTLE THB DIFFERENCE. We, L. R., and C. D., of the town of Schodack and county of Rensselaer, do acknowledge ourselves indebted to the People of the State of New York in the sura of $200, for which payment well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators firmly by thcee piesents. Sealed with our seals and dated this 2d day of March, 1859. Complaint on oath having been made to B. B., Esq., one of the Justices of the Peace of the county of Rensselaer, by G. H., master, against L. R., his apprentice, and the parties having been summoned and appeared before the said Justice, and after due examination into the premises, the difficulty be- tween said parties could not be compounded or reconciled. Now, therefore, the condition of this obligation is such that if the said L. R., shall be and per- sonally appear before the Court of Sessions of the county of Rensselaer at the next term thereof, to be held at the city of Troy in and for said county, then and there to answer to the complaint of the said G. H., and to do and to receive what shall, by the court, be then and there enjoined upon him, and shall not depart the court without leave, then this recognizance shall be void, otherwise of full force and virtue. L. R. C. D. {Add acknowledgment and justification of surety as in No. 20.) C. D. Tl. s!J L. S. L. S. 3(3 THE CLERK'S ASSISTANT. 3Vo. 31. DECISION OF THE COURT OF SESSIONS ON TUE FOREGOING PETITION OF COM- •• PLAINT. At a. Court of Sessions, held for the County of Eensselaer and State of New York, at the City Hall in the city of Troy, in said County, April 2, 1859. In the matter of the com- ) j-jlaint of G. H., master, against L. R., apprentice. • C A. B., Esq., County Judge. Present < C. D., Esq., Justice of the Sessions. ( E. F., Esq., Justice of the Sessions. Complaint on oath having been made by G. H., master, before B. B., Esq., a Justice of the Peace of said county, against L. R. his apprentice, as a com- pensation for whose instruction the said G. H. had received $25 (or was entitled to receive the sum of §50 on the expiration of the term of apprentice- ship), that the said L. R. refused to serve the said G. H., as by law and the terms of his indenture of apprenticeship he was bound to do, the said parties having been duly summoned appeared before the said B. B., Esq., Justice of the Peace, and due examination into the premises being had, the difficulty between the parties could not be reconciled or compounded ; whereupon the said L. R. was recognized to appear at this Court of Sessions to answer to the complaint aforesaid ; and now the testimony of the several parties having been duly submitted, and the said parties having been heard by their respective counsel; it is ordered and decreed, that the said L. R. be fined in the sum o( $20, and that he stand imprisoned in the county jail till the same be paid, and until he shall consent to serve the said G. H. CHAPTER III. AEBITRATION AND ATVARD. Arbitration is where the parties, injuring and injured, submit all matters in dispute concerning any personal chattels or per- sonal wrong to the judgment of two or more arbitrators, who are to decide the controversy ; and, if they do not agree, it is commonly added, that another person be called in as umpire, to whose sole judgment it is then referred ; or frequently there is only one arbitrator originally appointed. The decision in any of these cases is called an award. The first essential of an award is, and without which it has no force whatever, that it be con formable to the terms of submission. The authority given to the arbitrators should not be exceeded, and the precise question sub- mitted to them should be answered, and if the award embrace matters not included in the submission it is fatal. But if the portion which exceeds the submission can be separated from the rest without affecting the merits of the award, it may be rejected as surplusage and the rest will stand; otherwise the whole is void. An award must be certain ; that is, it must be so expressed that no reasonable doubt can be entertained as to the meanins-of O the arbitrators, the effect of the award, or the rights and duties of the parties under it. The object of the submission was the final settlement of all questions and disputes, and this is inconsis- tent with uncertainty. The award must be possible, for an award requiring that to be done which cannot be done, is senseless and useless. So, too, the award should be final and conclusive. Yet an award may be open to any or all of these objections in part, without being necessarily void in the whole. So much of the award as is thus faulty is void, but if this can be severed distinctly from the resi- due, leaving a substantial, unobjectionable and definite award behind, this may be done, and the award will then take effect. 38 THE CLERK'S ASSISTANT. There is no especial form of an award necessary in this ccAin- try. But the terms of the submission must be strictly complied with. In the construction of awards they are generally favored and enforced, whenever it can properly be done. If it be neces- sary to make a presumption on the one side or the other, to give full force and significance to an award, the courts will incline to make that presumption which gives eflect to the award, rather than one which avoids it. What matters may be submitted for arbitration, and the man- ner of conducting the arbitration and of enforcing the award are in most of the States regulated by Statutes. The New York Statute provides as follows: (3 i?. S., 855, etc., 5th ed.) § 1. All persons, except infants and married women, and per- sons of unsound mind may, by an instrument in writing, submit to the decision of one or more arbitrators, any controversy exist- ing between them which might be the subject of an action at law, or of a suit in equity, except as herein otherwise provided ; and may, in such submission, agree that a judgment of any court of law and of record to be designated in such instrument, shall be rendered upon the award made pursuant to such submission. S 2. No such submission shall be made respecting the claim of any person to any estate, in fee or for life, to real estate; but any claim to an interest for a term of years, or for one year or less, in real estate, and controversies respecting the partition ■ of lands between joint tenants, or tenants in common, or concerning the boundaries of lands or concerning the admeasurement of dower, may be so submitted to arbitration. § 3. The arbitrators thus selected, shall appoint a time and place for the hearing and shall adjourn the same from time to time, as may be necessary ; and on the application of either party, and for good cause, they may postpone such hearing, to a time not extending beyond the day fixed in such submission for ren- dering their award. §4. Before proceeding to hear any testimony, the arbitrators shall be sworn faithfully and fairlj'- to hear and examine the matters in controversy, and to make a just award, according to the best of their understanding. ARBITRATION AND AWARD. 39 §5. Such oath, may be administered by any Judge of any Court of Eecord, or by any Justice of the Peace, or by any Commissioner of Deeds, and the oaths to witnesses may be ad- ministered by the arbitrators, or either of them. § 6. Witnesses may be compelled to appear before such arbi- trators, by subpenas, to be issued by any Justice of the Peace, in the same manner and with the like effect, and subject to the same penalties for disobedience, as in cases of trials before Jus- tices of the Peace. § 7. All the arbitrators must meet together, and hear all the proofs and allegations of the parties, but an award by a» major- ity of them, shall be valid, unless the concurrence of all the. arbitrators be expressly required in the submission. § 8. To entitle any award to be enforced according to the pro- vrisions of this title it must be in writing, subscribed by the arbitrators making the same, and attested by a subscribing wit- ness. § 9. Upon such submission being proved by the affidavit of a subscribing witness thereto, and upon the award made in pur- suance thereof being proved in like manner, or by the affidavit of the arbitrators, within one year after making the same, the Court designated in such submission shall, by rule, in open Court, confirm such award, unless the same be vacated or modified, or a decision thereon be postponed, as herein provided. § 10. Any party complaining of such award, may move the Court designated in such submission, to vacate the same upon either of the following grounds : 1. That such award was procured by corruption, fraud or other undue means. 2. That there was evident partiality or corruption in the arbi- trators or either of them. 3. That the arbitrators were guilty of misconduct, in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear any evidence, pertinent and material to the controversy, or any other misbehavior, by which the rights of any party shall have been prejudiced. 4. That the arbitrators exceeded their powers ; or that they so imperfectly executed them, that a mutual, final and definite award on the subject matter submitted was not made. 40 THE CLERK'S ASSISTANT. § 11. Any party to such submission may also move the court designated therein, to modify or correct such award, in the fol- lowing cases : 1. Where there is an evident miscalculation of figures, or an evident mistake in the description of any person, thing or pro- perty, referred to in such award. 2. Where the arbitrators shall have awarded upon some mat- ter not submitted to them, not affecting the merits of the decision upon the matters submitted. 3. Where the award shall be imperfect in some matter of form, not affecting the merits of the controversy ; and where, if it had been a verdict, such defect could have been amended or disre- garded by the court, according to the provisions of law. The application provided for in the last two sections must be . made at the first term of the court after the publication of the award, if there is time to serve a notice of such application, if not sufficient time, a judge of the court may order a stay of pro- ceedings until the next term of the court. Upon the hearing, the court may modify the award, or if the time named in the sub- mission as the period for making the award Had not expired they may direct a rehearing before the arbitrators. Upon such award being confirmed or modified, the court shall render judgment in accordance with the determination as set forth in the award. § 15. A record of such judgment shall be made, commencing with a memorandum reciting the submission ; then stating the hearing before the arbitrators ; their award ; the proceedings of the court thereupon, in modifj'ing or confirming such award ; and the judgment of the court for the recovery of the debt or damages awarded, and that the parties perform the acts ordered by the award, and for the recovery of the costs allowed. Such record may be filed and docketed, appealed from and enforced in the same manner as records of judgments. Either party has power to revoke the submission at any time after the submission previous to the final submitting the cause to the arbi- trators upon a hearing of the parties for their decision ; but the party revoking such submission is liable for all damages and expenses incurred by the other party in preparing for such arbi- tration. FORMS. nVo. 1. SHORT FORJr OF SUBMISSION. The undersigned hereby mutually agree to submit all their matters in differ- ence, of every name and kind, to the determination and award of A. B., C. D., and E. F., as arbitrators ; the said arbitrators to hear and determine tlie same, and make their award in writing, on or before the tenth day of March, 1858. Witness our hands this second day of January, 1858. In presence of Gr. H. L. M. J. K GENERAL SUBMISSION. Whereas differences do now and for a long time have existed between G. H. arid J. K. both of the city of Schenectady, in relation to divers subjects of controversy and dispute. Now, therefore, the undersigned G. H. and J. K. aforesaid, do hereby mutually covenant and agree to and with each other, to submit all and all manner of actions, cause and causes of actions, suits, con- troversies, claims and demands whatsoever, now pending, existing, or held by and between the said parties to A. B., C. D., and E. F., as arbitrators, who, or any two of whom, shall arbitrate, award, order, judge and determine of and concerning the same ; and we do mutually covenant and agree* to and with each other that the said award to be made by the said arbitrators, or any two of them, shall, in all things, by us, and each of us be well and faithfully kept and observed: Provided however, that the said award be made in writing, under the hands of the said arbitrators, or any two of them, ready to be delivered to the said parties in difference or either of them on the 10th day of March, 1858. Witness our hands and seals this Jan. 2, 1858. G. H. [l. s. I J. K [l. S.J I«^o. 3. SPECIAL SUBMISSION TO ARBITRATORS. Whereas a controversy is now existing and pending between G. H. and J K., in relation to the building of a dwelling house constVucted by the said G. H. for the said J. K., on Main street, in the city of Schenectady. Now, therefore the said G. H. and J. K. do hereby mutually consent and agree to submit the said controversy, and all questions of difference in regard thereto, to the arbi- trament and decision of A. B., C. D., and E. F., or any two of them ; and we do mutually covenant and agree (as in the last N'o.from the * to tlie end) 6 42 THE CLERK'S ASSISTANT. 3Vo. 4. IF JCDOMENT IS TO BE ENTERED ON THE AWARD, INSERT THE FOLLOWING. And it is hereby further mutually agreed by and between the said parties; that judgment in the Supreme Court of the State of New York may be ren- dered upon the award to be made pursuant to this submission, to the end that all matters in controversy between them specified in the submission shall be finally concluded. ARBITRATION BOND. Know all men by these presents, that I, G-. H. of the city of Schenectady, am held and firmly bound unto J. K. of the same place, in the sura of $200, lawful money of the United States of America, to be paid the said J. K., his executors, administrators, or assigns, for which payment well and truly to be made I bind myself, my heirs, executors and administrators, firmly by these presents. Sealed with my seal, and dated the second day of January, 1858. The condition of this obUgation is such, that if the above bounden Gr. H. shall well and truly submit to the decision of A. B., C. D., and E. F., named, selected and chosen arbitrators as well by and on the part and behalf of the said Gr. H. as of the said J. K. between whom a controversy exists, to hear all the proofs and allegations of the parties, of and concerning any and all matters relating thereto. But before proceeding to take aiiy testimony therein, the said arbitrators shall be sworn " faithfully and fairly to hear and examine the matters in controversy between the parties to these presents, and to make a just award according to the best of their understanding," so as the award of the said arbitrators, &c., be made in writing, subscribed by them, or any two of them, and attested by a subscribing witness, ready to be delivered to the said parties on or before the 10th day of March, 1858, then the above obligation to be void. And it is hereby mutually agreed, by and between the parties to these pre- sents, that judgment shall be rendered upon the award which may be made pursuant to the submission in the Supreme Court, to the end that all matters in controversy in that behalf between the said parties, shall be finally con- cluded, pursuant to the provisions of the statute for determining controversies by arbitration. G. H. [l. s. I J. K. [L. S.1 No. 6. NOTICE TO ARBITRATORS OF THEIR APPOINTMENT. To A. B., C. D., and E. F., Esquires : Gentlemen : You are hereby notified that you have been selected and cho- sen arbitrators on the part and behalf of each of the undersigned, to arbitrate, award, adjudge and determine as to certain matters of diff"erence specified in the submission of the undeisigned, which will be shown you (or the bond of arbitration which will be shown you, or the specific questions submitted may he here inserted )'; and you are requested to meet the said parties at the house of the said C. D., in the city of Schenectady, on the 15th day of January, 1858, at 3 o'clock in the afternoon, to appoint a time to hear the proofs and allegations of the parties. Yours, &c., G. H. Schenectady, January 2, 1858. J. K. ARBITRzVTION AND AWARD. 43 IVo. <7. AFFIDAVIT OF ARBITRATORS. Schenectady County, ss. We, A. B., C. D., and E. F., the undersigned arbi- trators, appointed by G. H. and J. K., do severally swear that we respectively will foithfully and fairly hear and examine the matters in controversy between the before named parties, and will make a just award therein, according to the best of our understanding. A. B. Severally subscribed and sworn before me, ) C. D. this 15th of January, 1858, \ E. F. L. M., Justice of the Pea^ce. THo. 8. NOTICE OF HEARING BEFORE ARBITRATORS. In the matter ot the arbitration be- tween G. H. and J. K. Sir : Take notice, that a hearing in the above matter will be had before tho arbitrators, at the office of C. D., in the city of Schenectady, on the 25th day of January, 1858, at 10 o'clock in the forenoon. Schenectady, Jan. 15, 1858. Yours, &;c., To G. H., Esq. J. K. Ifo. 9. ^|SUBP(ENA TO APPEAR BEFORE ARBITRATORS. The People of the State of New York, to 0. P. and R S., Greeting. You are commanded to be and appear before A. B., G. D., and E. F., or any two or more of them, arbitrators chosen to determine a controversy between G. H. and J. K., at the office of the said C. D., in the city of Schenectady, on the 25th day of January, 1858, at 3 o'clock in the afternoon, then and there to testily and give evidence in relation to said controversy before said arbitrators, on the part of said G. H. Hereof fail not at your peril. Given under my hand this January 15, 1858. L. M., Justice of the Peace. IVo, 10. OATH ON APPLICATION TO JUSTICE OF THE PEACE FOR A SUBPCENA. You do swear that you will make true answers to such questions as I shall put to you, touching the necessity and propriety of my issuing a subpoena upon your present application therefor. IT o. 1 X . OATH TO BE ADMINISTERED TO A WITNESS BEFORE ARBITRATORS. You do swear that the evidence you shall give to the arbitrators here pre- sent, in a certain issue joined (or on certain matters of difr(3rence) between G. H. and J. K., shall be the truth, the whole truth, and nothing but the truth; so help you God 44 THE CLERK'S ASSISTANT. REVOCATION OF SUBMISSION. In the matter of the arbitration be- ) . tween Gr. H. and J. K. ) To A. B., C. D., and E. F., Esquires, arbitrators: Gentlemen : Take notice, that I hereby revoke your powers as arbitrators under the submission made to you by J. K. and myself, in writing, and dated the 10th day of March, 1858. Yours, &c., Schenectady, March 15, 1858. G. H. (N. B. When the submission is under seal, the revocation should be under seal.) ISO. 13, NOTICE TO OPPOSITE PARTY OF REVOCATION. ■] In the matter of the arbitration be- tween G. H. and J. K. To J. K., Esquire : Sir : Take notice, that I have this day revoked the powers of A. B., C. D., and E. F., arbitrators chosen to settle the matters in controversy between us, by an instrument of revocation, of which the following is' a copy. Yours, &c., Schenectady, March 15, 1858. {Add copy of revocation.) G. H. 3Vo. 14 AWARD. G. H. and J. K. In Arbitration The undersigned, A. B., C. D., and E. P., having been duly appointed arbi- trators as to certain matters in difference between the above named G. H. and J. K., by a bond {or submission) executed by the said parties, bearing date the 10th day of January, 1858, as by reference thereto Avill fully appear, and hav- ing heard the proofs and allegations of the said parties, and duly deliberated thereupon, do hereby award, determine and order that (insert the finding of the arbitrators). In witness whereof, we have hereunto set our hands and seals this 25th day of January, 1858. In presence of L. M. G. K. A, C. E. B. D. F. L, L, L. S, S.] s. ISO. 15. GENERAL AWARD. To all to whom these presents shall come or may concern, send Greeting : A. B., 0. D., and E. F., to whom were submitted as arbitrators the matters iE controversy existing between G. H. and J. K., as by the condition of their mutual -bonds or obligations (or submissions) executed by the said parties ARBITRATION AND AWARD. 45 respectively, and sealed with their respective seals, dated the 10th day of Janu- ary, 1858, more fully appears : . . . .-L Now therefore, know ye, that we, the arbitrators mentioned in the said bonds, having heard the proofs and allegations of the parties, and examined the matters in controversy by them submitted therein, do therefore make this a'ward in writing, that is to say, the said (insert the finding). In witness whereof, we have subscribed these presents this 25th day of January, 1858. In the presence of -A-- B. L. M. C. D.. N. 0. E. F. L. S. L. S. L. S. nVo. 16. SPECIAL AWARD. To all to whom these presents shall come, A. B., C. D. and E. F., send Greeting: Whereas, divers suits, disputes, controversies and differences, have happened and arisen, and are now depending, between G-. H. and J. K., both of the city of Schenectady, for pacifying, composing and ending whereof, the said G. H. and J. K., have bound themselves each to the other, in the penal sum of $500, by several bonds or obligations, bearing date January 10th, 1858, with condition thereunder written, to stand to, obey, abide, perform and keep the award, order, arbitrament, final end and determination of the said A. B., C. D., and B. F., arbitrators indifferently named, elected and chosen as well on the part of the said G. H., as of the said J. K., to arbitrate, award, adjudge, and determine, of and concerning all, and all manner of action and actions^, cause and causes of actions, suits, bills, bonds, judgments, executions, quarrels, con- troversies, trespasses, damages, and demands whatever, at any time or times theretofore had, made, commenced, sued, prosecuted or depending, by or be- tween said parties or either of them, so as the said aAvard should be made in writiuiT, under the hands and seals of the said arbitrators, or any two of them, ready to be delivered unto the said parties, or such of them as should require the same, on or before the 4th day of July, 1858, as by the said obligations and conditions thereof, it doth and may appear. Now know ye that the said A. B., C. D., and E. F., taking upon them the charge and burden of said award and having deliberately heard the allegations and proofs of both the said par- ties, do, by these presents, arbitrate, award, order, decree and_ adjudge of and concerning the premises, in manner and form following, that is t6 say : First, They do award, order, decree and adjudge G H., or his heirs, shall and do, on or before the 1st day of June next ensuing the date hereof, make and execute a good and sufficient conveyance of his interest- as lessee for years, of a certain farm in the possession of the said G. H., situate on the Albany ro.ad in the said city of Schenectady, pursuant and according to the true in- tent and meaning of certain articles of agreement, bearing date on or about June 1st, 1859, and made between the said G. H. and the said J. K. And also the said arbitrators do further award, decree and adjudge that the said G. H., his executors or administrators, shall and do on or before the 1st day of June next ensuing the date hereof, pay or cause to be paid, unto the said J. K., his executors or administrators, at, or in the now dwelling-house of the said J. K., in Schenectady aforesaid, the sum of $100 in fiiU payment, discharge and satisfaction of and for all moneys, del)ts, duties due or owing unto the said J. K. by the said G H., upon any account whatsoever, at any time before their entering into the said bonds of arbitration aforespid. And. also,, the said arbitrators do further award, order, decree and adjudge, that all actions and suits commenced, brought or depending, between the said G. n. and J. Iv., for any matter, cause or thing whatsoever, arising or happen- 46 THE CLERK'S ASSISTANT. ing at the time of, or before their entering into the said bonds of arbitration, shall from henceforth, cease and determine, and be no further prosecuted or proceeded in by them, or either of them, or by their, or either of their means, consent or procurement. And lastly, the said arbitrators do further award, order, adjudge and decree that the said Gr. H. and J. K., shall and do, within the space of five days next ensuing the date of this present award, seal and execute unto each other, mutual and general releases of all actions, cause and causes of actions, suits, controversies, trespasses, debts, duties, damages, accounts, reckonings and demands whatsoever, for or by reason of any matter, cause or thing whatso- fever, from the beginning of the world to the day of the date of the said bonds of arbitration as aforesaid. In witness whereof, the said arbitrators to this present award have set their hands and seals this 25 th day of January, 1858. In presence of A. B. [ l. s. L. M. C. D. [L. s. B. A. E. F. fL. s.. PROOF OF EXECUTION OF THE AWARD. City and County of Schenectady, ss. On this 25th day of January, 1858, before me came the above named A. B., C. D., and E. F., to me known to be the persons described in, and who signed and executed the above award and severaly acknowledged the execution thereof. N. 0., Com., &c. T ) Recovery, $538 14 %f- Icosts,.':. _UM C. D. _ ; $552 39 Roll filed May 6th, 1859, 3 h., p. m. E. R, Plff's AUy. In consideration of $553, to me paid, I do hereby sell, assign and transfer to Gr. H., the judgment above mentioned, for his use and benefit, hereby au- thorizing him to collect and enforce payment thereof in my name, or other- wise, but at his own costs and charges, and covenanting that the sum of $552.39 with the interest from the 6th day of May, 1859, is due thereon. Witness my hand and seal this 30th day of June, 1859. A. B. \h. s.l jiSSIGNMENT OF JUDGMENT OF JUSTICES COURT. ALBANY COUNTY COURT. A. B. acjt. C. D. Judgment obtained before E. F., a Justice of the Peace residing in Water- vliet for the sum of $33.56 recovery and $2.43 costs, May 9th, 1859, transcript filed and judgment docketed in the Albany County Clerk's Office. May 10th, 1859. For value received, I hereby sell, assign, transfer and set over, the above judgment and all the moneys due and to becopie due thereon to G. H. Dated Watervliet, June 29th, 1859. J. K. 3Vo. XO. ASSIGNMENT OF BOND AND MORTGAGE. Know all men by these presents, that I, A. B. of the town of Coeymans, of the first part, for and in consideration of the sum of $800, lawful money of the United States of America, to me in hand paid by C. D., of the same place, of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred and set over, and by these presents do grant, bar- gain, sell, assign, transfer and set over, unto the said party of the second part, a certain indenture of mortgage, bearing date the 5th day of July, 1851, made by E. F. and his wife, and recorded in the office of the clerk of the county of Albany, in book No. 208 of mortgages, page 981, on the 6th day of July in the year of our Lord, 1851, together with the bond or obligation therein described, and the money due and to grow due thereon, with the interest, to have and to hold the same unto the said party of the second part, his heirs and assigns, for- ever, subject only to the proviso in, the said indenture of mortgage mentioned. And I do hereby authorize and appoint the said party of the second part my true and lawful attorney, irrevocable, in my name or otherwise, but at his 56 THE CLERK'S ASSISTANT. proper costs and charges, to have, use and take all lawful ways and means, for the recovery of the said sum of money and interest, secured to be paid in and by the said bond and mortgage ; and in case of payment, to discharge and satisfy the same as fully as I might or could do if "these presents were not made : And I do hereby covenant, promise and agree, to and with the said party of the second part, that there is now secured to be paid by the said bond and mortgage the sum of $800 and interest thereon from the 5th day of July, 1858.* In witness whereof, I have hereunto set my hand and seal the 8th day of December, 1858. Sealed and delivered ) A. B. [l. s.] in presence of J L. R. {Add acknowledgment.) I«fo. 30. ASSIGNMENT OF BOND AND MORTGAGE WITH A GUARANTY OF PAYMENT. (As in the last form to the * and then insert as follows :) And in considera tion of the payment aforesaid, I hereby guarantee the payment of the said bond and mortgage, according to the terms and conditions, and at the times specified in the said bond and mortgage. ASSIGNMENT OF BOND AND MORTGAGE WITH A GUARANTY OF COLLECTION. (As in the last form but one to the * and then insert as follows :) And in consideration of the payment of the sum of money before mentioned, I hereby guarantee the collection of the said bond and mortgage, and all the sums of money due, and to grow due thereon. ISO. 33. ASSIGNMENT OF BOND AND MORTGAGE — SHORTER FORM. Mortgage dated the 3d day of April, 1858, executed by A. B. and wife, to C. D., recorded in the Schenectady county clerk's office, in book No. 300 of mortgages, page 10, &;c. Bond bearing date the day aforesaid, executed by A. B. to C. D., aforesaid, in the penal sum of $1,000 conditioned for the payment of $500 in five years from the date thereof, with interest semi- annually. ■In consideration of $500 to me paid by E. F., I do hereby sell, assign, transfer and set over, unto the said E. F., the bond and mortgage above de- scribed; hereby authorizing him to collect and enforce payment thereof, in my name or otherwise, but at his own costs and chaFges. And I do hereby covenant, that the sum of $500 with interest from the 3d day of April, 1859, is now due and owing on the said bond and mortgage ; and that I have good right to sell the same. * Witness my hand and seal this 10th day of June, 1859. C. D. [l. S.J ASSIGNMENTS. 57 OV o. 33. ASSIGNMENT OF BOND AND jrORTGAGE INDORSED ON THE MORTGAGE. In consideration of $500 to me paid by J. K, I hereby sell, assign, transfer and set over to J. K., the within mortga.i^e, and the bond accompanying the same, and authorize him to collect and discharge the same. Schenectady, June 10, 1859. C. D. [L. s.] ISO. 34. ASSIGNMENT OF BOND AND MORTGAGE AS COLLATERAL SECURITY. (As in either of preceding forms No. 22 or 19 to the * and then as follows :) But this assignment is, nevertheless, made upon this express condition that if the said C. t)., his heirs, executors or administrators, shall well and truly pay, or cause to be paid, unto the said E. F., his heirs, executors, administra- iors or assigns, the sum of §450 and interest thereon, on or before the 1st day cf December next, this assignment slviH be void and of no effect ; tliis inden- ture being made for the purpose of securing the payment of the said sum of |450 with interest as aforesaid, and for no other purpose whatever. And in case the said E. F., his heirs, executors, administrators, or assigns, shall collect and leoeive the money due on the said mortgage hereby assigned, he shall, after ittaining the said sum of $450 and interest thereon, and his reasonable costs aud charges in that behalf expended, pay the surplus, if any, to the said C. D., his heirs, executors, administrators or assigns. In witness whereof, the said parties have hereto respectively set their hands and seals, the 1st day of July, 1859. C. D. [l. s. J E. F. [l. s.J N. B. — All assignments of bonds and mortgages should be acknowledged, that they may be recorded. , ISO. 3 3. ASSIGNMENT OF CONTRACT AS COLLATERAL SECURITY. Whereas I, H. B., of the city of Schenectady, have made a written con- tract with L. T. of the city of Utica, for the purchase of certain real estate iu the said contract mentioned, and described, said contract bearing date December 24, 1858, and whereas W. W., of the city of Schenectady, has loaned me the sum of $235, and for which I have given my note, dated June, 10, 1859, payable in six months from the date thereof with interest. Now in consid- eration of $1 to me in hand paid, and to secure the payment of the said note, I hereby sell and assign to said W. W., the said contract, and all the rights, value, interest, benefit and property therein contained, and hereby autliorize and empower the said W. W., upon his performance of tlie conditions in the said contract mentioned, to demand and receive of the said L. T., the deed cove- nanted to be given in the said contract, upon condition that if the said note is fully paid at maturity, then this assignment and everytliing herein contained shall cease and be void, otherwise to be of full force and virtue. Schenectady, June 15, 1859. H. B. [L. 8.J 8 58 THE CLERK'S ASSISTANT. ifo. se, ASSIGNMENT BY AN INDIVIDUAL FOR THE PAYMENT OF DEBTS, GIVING A PRE- FERENCE. Tliis indenture made the 10th day of April, 1859, between A. B., of the first part, and C. D. of the second part, witnesseth: That, Whereas the said A, B., is indebted to sundry persons, and being in embarrassed circumstances, is desirous of making a just and fair distribution of his property among his creditors. Therefore, in consideration of the premises, and of §1 to him paid by the said C. D., the receipt whereof is hereby acknowledged, tlr3 said A. B. has granted, bargained, and sold, released, assigned, and set over, and by these presents doth bargain, sell, assign, and set over unto the said C. D., and to his assigns forever, all and singular the lands, tenements and here- ditaments, real estate and chattel real of the said A. B., wherever the same may be situated. And also, all the goods, wares and merchandise, bonds, notes, accounts, and debts due and owing to tlie said A. B., in what manner soever secured, and all books and vouchers relating thereto, and all the personal property of the said A. B., of every kind and description wherever the same may be, (except such articles as are by law exempt from execution), to have and to hold the same, and every part and parcel thereof, to the said C. D., and to his assigns; in trust however, and to and for the uses, intents and purposes following ; that is to say : The said C. D. shall take possession of the said property, and shall with all convenient diligence sell and dispose of the same, and convert the same into money, and shall also collect all such debts as are collectable. And the said C. D. shall, by and with the avails and proceeds of sales and collections, first pay and discharge all the just and reasonable costs and expenses attending the due execution of this assignment, and the carrying into effect the said trust, together with a reasonable compensation for his own services; and the residue of the avails and proceeds of the said sales and collections shall constitute a fund, to be used and applied by the said C. D., for and towards the payment of the debts owing by the said A. B., and which debts the said C. D. shall pay and discharge m the order and manner following, that is to say. Class Jirst.—l!he following debts owing by the said A. B., and which are hereby designated as class first, viz. : No. 1. C. M. & Co., of N. Y., $600 and interest thereon, from Jan. 1, 1858.. No. 2. M. E. P., The balance of account due him being $580. No. 3. N. 0. G., of Brooklyn, $75 and interest from Sept. 15, 1858. Second Class. — L. P., The amount of a promissory note held by him exe- cuted by me for $120. Dated March 6, 1858, payable three months after dat^ with interest. I. G-., of the city of Troy, $300 and interest, from June 6, 157. Third Class.— AW debts and liabilities Avhich the said A. B. may be owing or indebted to any person whatever. If there is not sufficient of the said fund for the payment of all the debts set forth in said class first, the said C. D. is to pay the same in the order in which said debts are numbered in this assignment in said class first. After the pay- ment of all debts set forth in class first, the rest and residue of said fund shall be used and applied by the said 0. D. towards the payment of debts mentioned in class second ; and in case there are not sufficient funds to pay, all of class second, then the said debts therein mentioned are to be paid pro rata, or in proportion to their respective demands. The rest and residue of said fund, if any there shall be, after the payment and discharge of all the debts set forth in class second as aforesaid, shall be used and applied by the said C. D. for and towards the payment of the said debts, designated as class third, which shall be paid and discharged in full, if tliere is sufiicient for that purpose, and if there is not sufficient then the same shall be distributed amongst the creditors embraced in said class third, pro rata, or in proportion to their respective demands. ASSIGNMENTS. 59 After the payment of all the costs, charges and expenses attending the ex- ecution of tliis trust, and after the payment of all the debts of the said A. B., if any portion of the said fund shall remain in the hands or control of the said C. D., he shall return the same to the'said A. B., his executors, administrators, or assigns. The schedule hereunto annexed is intended to contain a just and true state- ment of all the real estate, chaitols real and personal property belonging to the said A. B., and of all the debts owing to him, whether due or not due at the date of this instrument. If any dispute or misunderstanding shall at any time arise or exist respect- ing tlie title to any of the property hereby conveyed or transferred to the said C. D., or respecting the debts owing to or by the said A. B., the said C. D. is authorized in his discretion to submit the same to, and have the same deter- mined by arbitrators or referees ; and he is also authorized to compound and liquidate any of the said debts owing to the said A. B., which he may deem bad or doubtful for such proportion thereof, and upon such terms as he may deem proper, and most for the interest of the said creditors of the said A. B. In witness whereof, the said A. B. has hereunto set his hand and seal the day and year first above written. A. B. [l. S.J {Add Schedule^ \J.{ the assignment conveys real estate it should be acknowledged and re- corded in the county clerk's office of the county where the land lies.) IVo. S'T. ASSIGNMENT TO PAY DEBTS WITHOUT PREFERENCE. This indenture made this 30th day of July, 1859, by and between A. B. of the first part, and C. D. of the second part, witnesseth : That whereas the party of the first part is indebted to divers persons in con- siderable sums of money which he is at present unable to pay in full, and he is desirous to convey all his property for the benefit of all his creditors without any preference or priority. Now the party of the first part, in consideration of the premises, and of $1 paid to him by the party of the second part, hereby sells, assigns, grants and conveys unto the party of the second part, all his lands, tenements, heredita- ments, goods, chattels, property, and choses in action of every name, nature and description, wheresoever the same may be, except such property as is by law exempt from execution ; to have and to hold the same unto the said party of the second part in trust, to sell and dispose of the said real and personal estate, and to collect the said choses in action, with the right to compound for the said choses in action, taking a part for the whole, where the party of the second part shall deem it expedient to do so ; then in trust to dispose of the proceeds of the said property in the manner following: First. — To pay the costs and charges of these presents, and the expenses of executing the trust declared and set forth herein. Second. — To distribute and pay the remainder of the said proceeds to all the creditors of the said party of the first part ; for all debts and liabilities which the said party of the first part may be owing or indebted to any person whatever; provided, however, that if there is not sufficient funds foi the payment of all the debts of said party of the first part, then the said debts are to be paid pro rata^ or in proportion to their respective demands. The rest, residue and remainder, if any there be after paying said costs, charges, expenses and debts, as aforesaid, the said party of the second part \t 60 THE CLERK'S ASSISIANT. to pay over to the said party of the first part, his executors, administrators or assigns. Jn witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written. A. B. [l. s.] ISO. 38. INVENTORY OF DEBTOR FOR THE COUNTY JUDGE. The following is a just and true inventory of all the creditors of A. B., who has made an assignment to C. D., which assignment bears date May 10, 1860. The amount due E. F., of the city of Troy, is §300 and interest thereon fi-om Dec. 16, 1859, and is for money borrowed of the said E. F., at Troy, Dec. 16, 1859. The amount due J. K., of the village of West Troy, is $75 and mterest thereon from May 10, 1860, and is for groceries purchased of the said J. K. at his store in said village at divers times from Nov. 8, 1859, to May 10, 1860. The amount due L. M., of the village of Waterford, is a bond for §2,000 conditioned to pay §1,000 and interest thereon from Oct. 1, 1859, and is for money borrowed of the said L. M., at Waterford, on the 1st of Oct., 1855, and is secured by a mortgage on the house and lot of the said A. B., in West Troy. The following is a true inventory of the estate and assets of A. B., on the 10th day of May, 1860, that being the time of his assignment to C. B. One house and lot in the village of West Troy, estimated to be worth the sum of §1,600, on which there is a mortgage of §1,000 to L. M., of Water- ford, which said sum of §1,000 and interest thereon from Oct. 1, 1859, is due the said L. M. The following accounts against the persons hereinafter named (set forth names of persons and the amount due from each). No. S». AFFIDAVIT ANNEXED TO INVENTORY. Albanij Couniij, ss. A. B. being sworn, says that the foregoing {or with- in) is an inventory of all the credits of the said A. B., as weU as an inventory of his assets, and the same is in all respects just and true according to the best knowledge and belief of this deponent. Sworn, &c. -^ S- ■No. 30. BOND OF ASSIGNEE. Know all men by these presents, that we, C. D., of the village of West Troy and B P. and P. 0. of the same place, are held and firmly bound unto the People of the State of New York, in the sura of §6,000 lawful money of the United States of America, to be paid to the said the People of the State of New York or their assigns : for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmlv by these presents. Sealed with our seal. Dated tJae 15th day of May, 1860. ASSIGNMENTS. Gi Whereas, one A. B. has made an assignment of all his goods, chattels and ..redits, to the above named C. D., for the payment of the debts of the said A. B., as expressed in said instrument of assignment, bearing date ^May lU, 18G0, and recorded in the clerk's office of the county of Albany on said 10th day of May, 1860, which said assignment the said C. D. has accepted, on being ordered by the County Judge of Albany county to give bond with security in the sum of §6,000 : Now the condition of this obligation is such, that if the said C. D. shall faithfully discharge the duties as such assignee, and duly account for all moneys received by him as such assignee, and obey all orders or decrees which may be made by the County Judge of Albany county in regard to said assignment, then this obligation to be void, otherwise to remain in full force and virtue. C. D. [ L. 8. J B. P. [l. s.] P. 0. [ L. S. 1 ISo. 3X APPRO V^VL OF COUNTY ■ JUDGE INDORSED ON THE FOREGOING BOND. I hereby approve of the form and sufficiency of the within instrument May 16, 18G0. G. W., Albany County Judye. ISo. 33. PETITION THAT ASSIGNEE RENDER HIS ACCOUNT To the Hon. G. W., Albany County Judge : The petition of P. Q., of the city of Troy, respectfully shows that A. B., of the viUage of West Troy, did, by an instrument in writing dated May 10, 1860, duly assign and set over all his property to C. D., of the same place, as his assignee for the benefit of his creditors, and that the said C. D. has given and filed the proper security, and entered upon the duties of his trust as such assignee, and that more than one year has elapsed since the date of said assignment. That your petitioner is a creditor of the said A. B., and inte- rested in the distribution of the proceeds arising from said assignment, and he asks that your honor Avill issue a citation or summons, compelling the said C. D., assignee as aforesaid, to appear before you, at a time and place to be named in said summons or citation, and show cause why an account of the trust fund shall not be made, and a decree rendered directing the said C. D. to pay your petitioner his proportional part of such fund ; and that such other proceedings may be taken herein as to your honor may seem just and equitable. P. Q. Albany County, ss. P. Q. being sworn, says that he has read the foregoing petition by him subscribed, and that the facts therein stated are true, except as they are stated on information and beUef, and as to those matters he believes tliem to be true. Sworn, &c. P. Q. 62 THE CLERK'S ASSISTANT. No. 33. SUMMONS FOR THE ASSIGNEE. ATbanij County, ss. To C. D., Esq. : In tlie name of the People of the State of New York, you are commanded to appear before me, the County- Judge of Albany county, at my office in the city of Albany, on the day of , at ten o'clock in the forenoon, to show cause why an account should not be rendered by you of the trust fund in your hands, created by the assignment of A. B. to you, dated May 10, 1860 ; and why a decree should not be entered requiring that the funds be paid over to the several persona entitled to receive the same. Hereof fail not at your periu Albany, May .., G. W., Albany County Judfie. a CHAPTER V AUCTIONS. An auctioneer at an auction sale, to a certain extent, acts as tlie agent both of the seller and the buyer. The seller makes him his agent, by giving him directions and authoriznig him to sell, and the buyer by his bid authorizes him to make the bar- gain for the purchase of the goods. Every bid of any one present is an offer by him. It becomes a contract as soon as the hammer falls, or the bid is otherwise accepted ; but until it is accepted it may be withdrawn by the bidder, because until then it is not obligatory on him, for want of the assent of the owner of the property by his agent, the auctioneer. If an auctioneer does not disclose the name of the owner of the property which he sells, he is himself liable to an action by the buyer for the completion of the contract. And it would be so if he sold or warranted without authority. But if he has the authority of the owner to warrant and does so, disclosing the name of the owner, he is himself exonerated from the war- ranty, and the owner is liable upon it. And he has such a special property in the goods that he may bring an action for the price, even if the goods be sold in the house of the owaier, and were known to be his. It is the duty of the auctioneer to obtain the best price he fairl}^ can ; to comply with his instructions unless they would operate a fraud ; to pursue the accustomed course of business, and to possess a competent degree of skill; and if he fail in either of these particulars, and damage ensues to the owner, he is responsible therefor. For the sale of such goods as are subject to auction duties in the State of New York, it is necessary that the auctioneer should recei ve a license. In order to obtain this, it is necessary that he shall have entered into a bond to the People of this State, with two sufficient freeholders, in the penalty of $10,000, conditioned 54 THE CLERK'S ASSISTANT. for the faithful performance of the duties of his ofl&ce, and for the payment of the duties that are, or shall be, imposed by law, and that shall accrue on sales made by him or under his direction, by virtue of his oflace. Such bond, if executed by an auctioneer appointed in a city, shall be taken and approved of by the Mayor or Eecorder of such city ; and if executed by an auction- eer appointed for a county, by any Judge of the County Court of such county. The officer taking the bond, shall indorse upon it a certificate of his approbation, and of the day on which it was taken, and shall deliver the bond thus indorsed, to the auctioneer by whom it shall have been executed, who within ten days there- after shall deliver, or cause the same to be delivered, to the Comptroller. And every officer taking such bond, shall, without delay, transmit a notice to the Comptroller, stating the name of the auctioneer and his sureties entering into the bond, and the day on which the same was executed and approved. Every auctioneer in the city of New York shall, within ten days after the bond required by law shall have been executed, and the cer- tificate required by law indorsed thereon, file a copy thereof, and also a copy of said certificate, certified by the officer taking the bond, with the Clerk of the city and county of New York. The bond must be renewed on or before the first Monday of January, in each and every year. Every auctioneer, in case of his inability to attend an auction, may employ a copartner or clerk to hold such auction in his name and behalf; such copartner or clerk having previously taken an oath, to be filed with the clerk of the county, in which such auctioneer shall reside, fully and faithfully to perform the duties incumbent on him by the provisions of the statute, and which oath shall contain a true statement of the connection that exists between him and the autioneer. Every autioneer who shall have entered into the bond required by law, shall make out in writing semi-annually, on the first Mondays of July and January in each year, an account, and shall therein state minutely and particularly : 1. The sums for which any goods or effects shall have been sold at every auction held by him or in his behalf, from the time of his entering into such bond or the date of his last account : 2. The days on which sales were so made, and the amount of each day's sale, designating the sales AUCTIONS. 65 made by himself or in liis preseuce, and those made in his absence by a partner or clerk acting in his behalf, and specifying the causes of such absence. 3.. The amount of all private sales made by himself or any of his partners, on commission, and the days on which such sales were made. -i. The amount of the duties chargeable under the provisions of this title, on all the sales, public and private, mentioned in the account. Such account, within twenty days after the day on which it is dated, shall be exhibited if made out by an auctioneer appointed in a city, to the Mayor or Eecorder of such city, and if by an auc- tioneer appointed for a county, to any Judge of the County Court of such county, which account must be verified by the oath of the auctioneer. If any of the sales have been made by a partner or clerk, then the affidavit of such partner or clerk must be added, and the account must specify what articles were sold by such partner or clerk. Every auctioneer, within ten days after he shall have exhibited his account, shall pay to the Treasurer of this State, for the use of the State, the duties accrued on the sales mentioned in the account, and immediately after such payment, shall deliver or transmit such account, with the affidavits indorsed thereon and annexed thereto, to the Comptroller to be iiled in his office. The receipt taken on the payment of the money is likewise to be transmitted to the Comptroller. Auction duties are to be paid on the following kinds of goods, and at the following rates: 1. All wines and ardent spirits, foreign or domestic, at the rate of one dollar on every one hun- dred dollars : 2. All goods, wares, merchandise and effects, im- ported from an}^ place beyond the Cape of Good Hope, at the rate of fifty cents on every one hundred dollars : 8. All other goods, wares, merchandise and effects, which are the production of any foreign country, at the rate of seventy -five cents on every one hundred dollars. The duties shall be calculated on the sums for which the goods so exposed to sale, shall be respectively struck off, and shall in all cases be paid by the person making the sale. If the goods sold are own(3d by the auctioneer, or are bid off by the owner, they shall nevertheless be subject to auction duties. But. goods and chattels otherwise liable to the auction duties shall be exempt therefrom, if they shall be sold under the fol- 9 66 THE CLERK'S ASSISTANT. lowing circumstances : 1. If they shall belong to the Unitea States or to this State : 2. If they shall be sold under any judg- ment or decree of any court of law or equity, or under a seizure by any public officer, for, or on account of any forfeiture or pen- alty ; or under a distress for rent : 8. If they shall belong to the estate of a deceased person, and be sold by his executors or administrators, or by any other person duly authorized by a sur- rogate : 4. If they shall be the effects of a bankrupt or insoh vent, and be sold by his assignees appointed pursuant to law, or by a general assignment for the benefit of all the creditors of such bankrupt or insolvent : 5. If they shall be goods damaged at sea, and be sold within twenty days after they shall have been landed, for the benefit of the owners or insurers. And no auc- tion duties shall be payable upon the following goods and articles : 1. Ships and vessels : 2. Utensils of husbandry, horses, neat cattle, hogs and sheep : 3. Articles of the growth, produce and manufacture of the United States except distilled spirits. All sales at public auction in the city of New York not under the authority of the United States, and all such sales in other parts of the State where duties are payable on the effects to be sold, shall be made by an auctioneer who shall have given the security required by the statute, or by a copartner or clerk of an auctioneer duly authorized under the provisions of the statute ; but where no duties are payable, all such sales except in the city of New York, may be made by any citizen of this State. Every auctioneer in the city of New York shall, under his own proper name, give previous notice in one or more of the public newspapers printed in the said city, of every auction sale that shall be lawfully made by him ; and in case he shall be connected with any person or firm, his name shall in all cases precede sep- arately and individually the name of such person or the title of the firm under which he transacts business. No auctioneer shall demand or receive a higher compensation for his services, than a commission of two and one half per cent on the amount of any sales, public or private, made by him, unless by virtue of a previous agreement in writing, between him and the owner or consio^nee of the o-oods or effects sold. FORMS. If o. X. BOND OF AUCTIONEER. KnoAV all men by these presents : That we, A. M., 0. N., and E. 0., of the eity of Troy, county of Rensselaer, merchants, are held and firmly bound unto the People of the State of New York, in the sum of $10,000, to be p;iid to the said the peojile, &c. : for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 1st day of January, 1859. The condition of this obligation is such, that if the above bounden A. M., shall well, truly and faithfully perform the duties of his office as an auctioneer in and for the city of Troy (or the county of Rensselaer), and pay to the proj^er officer the duties that are, or shaU be imposed by law, and that shall accrue on sales made by him or under his direction, by virtue of his office; and shall ren- der a true account, semi-annually, of all goods sold or struck off by him, in the form and manner required by the statute, then the above obligation to be void, otherwise to remain in full force and virtue. A. M. [l. s.] C. N. [l. s.j E. 0. [L. s.] 3Vo. ». CERTIFICATE OF ACKNOWLEDGMENT AND APPROVAL. State of New York, City of Troy (or County of Rensselaer), ss. On this 1st day of January, 1859, before me came the above named A. M., 0. N. and E. 0., to me severally known to be the persons described in and who executed the foregoing bond and severally acknowledged the execution thei'eof, and I further certify that I approve of the said bond as to the form and sufficiency thereof for the purpose therein mentioned. L. S. Recorder of said city, (or Rensselaer County Judge.) T^o. 3. CERTIFICATE FOR THE COMPTROLLER INDORSED ON A COPY. City of Troy, ss. I hereby certify that the within is a true copy of a bond taken and approved by me, and of the certificate of acknowledgment and ap- proval thereon indorsed by ino, and of the Avhole of said bond and certificate, a!."l tliat said certificate was executed the day it bears date. L. S., Recorder^ etc 68 THE CLERK'S ASSISTANT. ]Xo. 4. CERTIFICATE TO COMPTROLLER ANOTHER FORM. I hereby certify that on the 1st day of January, 1859, I approved a bond for A. M., as auctioneer of the city of Troy {or of the county of Rensselaer), and that the sureties entering into the said bond, were C. N. and E. 0., both merchants residing and doing business in the city of Troy. Dated January 1st, 1859. L. S., Recorder &c. I OATH OF CLERK OF AUCTIONEER. State of New York, City of Troy, ss. I, R. S., do solemnly swear that 1 am a Clerk of A. M., auctioneer of the city of Troy, hired and employed by him in that capacity, and that I will fully and faithfully perform the duties in- cumbent on me as such Clerk, by the provisions of title II, of chapter 17, of part II, of the Revised Statutes of the State of New York, and of all laws passed or to be passed amendatory thereof. Sworn before me this ) E- S. January 2, 1859, ] B. D., Cora, of Deeds. ISO. e. OATH OF AUCTIONEER TO ACCOUNT. State of New York, City of Troy, ss. I, A. M., do solemnly and sincerely swear (or affirm) that the account now exhibited by me, and to which I have subscribed my name, contains a just and true account of all the goods, wares, merchandise and effects, sold or struck off, or bought in by me, at pubhc sale, or sold by me at private sale on commission, whether subject to duty or not, or sold, struck off, or bought in as aforesaid, by others in my name, or under my direction, jor for my benefit, within the time mentioned in the- within account ; and of the days upon which the same were respectively sold, and that I have attended personally, such of the said public sales as are not stated in the said account to have been made without my attendance; and that the causes therein mentioned, of my absence from such sales when I did not attend are truly stated ; that I have examined the entries of all the sales mentioned in said account in the book kept by me for that pur- pose, and fully believe this account to be in all respects correct ; and further, that I have during the time therein mentioned, conformed, in all things, to the true intent and meaning of the laws regulating sales by auctioneers, accord- ing to the best of my knowledge, information and behef. Sworn {or affirm cd) before me ) ' A. M. this 1st day of Jan., 1859, ) L. B.. Recorder of Troy. No. v. OATH OF auctioneer's CLERK. State of New York City of Troy, ss. G. M., being duly sworn deposes and says that he is Cleik of the within named A. M., auctioneer, as there- in described, and has been such Clerk for six months last past; that he has AUCTIONS. 69 • read the foregoing account subsci-ibed by the said A. M., and that he beheves the account so rendered to be just and true in every particular; that all the sales therein mentioned as having been made by this deponent^ were so made, and none others; and that all the sales liable to auction duties, public or private, made by this deponent, are therein truly and correctly set forth, as to the time of such sales and the amount or price for which the several articles were sold ; that such sales were made by this depo- nent in tLie absence of such auctioneer, who was unable to attend from the causes specified in his account; and that in all acts performed by him, in be- half of such auctioneer, during the time aforesaid, he endeavored to conform to the true intent and meaning of the laws regulating sales by auctioneers. Sworn, &c. G- M. No. 8. CERTIFICATE OF BOARD OF PORT WARDENS. The undersigned composing the Board of Port Wardens of the port of New- York (o)- Brooklyn) certify, hereby, that the goods mentioned in the annexed invoice, being part of the cargo of the Susan from Canton, China, tu New York (or Brooklyn) which ship arrived in port April 3, 1859, were duly ex- amined by C. Gr., a' member of said Board at the proper time, to wit: on the 3d instant, and in a proper manner, and that the said goods were damaged at sea upon the voyage of importation, so as in the opinion of said Board of Wardens to be entitled to be sold at auction as damaged goods, and be exempt from the payments of auction duties, according to the provisions of the statute in such case made and provided. Witness our hands at the port of New York (or Brooklyn) this 4th day of April, 1859. J q' ( Port Wardens of New York M.N;i (ov Brooklyn). ISO. O. OATH OF PRESIDENT OR SECRETARY OF INSURANCE COMPANY. State of New York, Citij and County of Neio York, ss. J. S., being duly sworn says that he is the President (or Secretary) of the Marine Insurance Company, in the city and county of New York, in whidi said company, the goods mentioned and referred to in the foregoing invoice were insured, "that said goods were so insured in said company by L. C, the owner (or consignee) thereof, for and during the voyage, for the sum of §3,000. Sworn, &c. J- S- CHAPTER VL BANKS AND CORPOEATIONS. Corporations are created by the Legislature, either by a spe- cific act or by a general act. Under the present Constitution of this State, corporations shall not be created by special act, ex^ cept for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporation cannot be at tained under general laws. Corporations are divided into aggregate and sole, public and private. An aggregate corporation is one composed of a plu- rality of individuals, united in a society. A corporation sole, is one, of which the rights and privileges are vested in an indivi- dual, and in the successors of such individual. Public corpora- tions are such as are created by the law, for promoting the good government of counties, cities, towns, villages, &c., and the whole interest in them belongs to the public, because they are created for the public good. Private corporations are such as are created for the benefit of individuals, in their private capacity, and may be divided into civil and eleemosynary. Civil corporations are such as banking, insurance, canal, bridge and turnpike companies, of which the stock is owned by private individuals. Eleemosy- nary corporations are constituted for the distribution of tbe bounty of the founders, such as institutions for the promotion of learn- ing or benevolence, as colleges, schools and hospitals. The ordinary incidents of a corporation are ; 1st, to have succes- sion, perpetually or for the time limited in its charter, and to have the power of electing members in the room of those removed by death or otherwise : 2d. To sue and be sued, to grant and re- ceive by their corporate name: 3d. To purchase and hold personal and real real property : 4th. To have a corporate seal : 5th. to make laws for the government of the corporation: 6th. To appoint subordinate officers and agents : 7th. The powei of amotion or removal of members. BANKS AND CORPORATIONS. 7] The duty of tlie corporation is to act in conformity with the end, for which it was estabhshed; and it may be dissolved by statute, by the death of all its members, by surrender of its fran- chises, or by forfeiture of its charter through the negligence or abuse of its franchises. The following are some of the general laws in regard to cor- porations, they are to be found in the second volume of the ."Revised Statutes, fifth edition; Turnpike Companies, p. 477;: Moneyed Corporations, p. 517; Banking Associations and Bankers, p. 551 ; General Powers, Privileges and Liabilities of Corporations, p. 596 ; Eeligious Societies, p. 604 ; Benevolent; Charitable, Scientific and Missionary Societies, p. 623; Ceme teries, p. 626 ; Liljrar}' Companies, 636 ; Medical Societies, p. 646 ; Manufacturing Companies, p. 652 ; Kailroad Companies, p. 6Q6 ; Villages, p. 701 ; Bridge Companies, j). 732 ; Insurance Com- panies, p. 743 ; Building Companies, p. 785 ; Ferry Companies, p. 807 ; Agricultural and IIorticulLural Societies, p. 817. Special charters for banking purposes cannot be grante4 ; but corporations or associations may be formed for such purposes under general laws. The suspension of specie payments, by smj person, association or corporation issuing bank notes of any description, cannot be sanctioned in any manner directly or in- directly. All bills or notes issued or put in circulation as money must be registered, and amply secured for the redemption of the same in specie, and in case of the failure or insolvency of the bank or banking association, the billholders thereof, shall be entitled to preference in payment, over all other creditors of such bank or association. The stockholders in every corporation and joint stock associa- tion for banking purposes, issuing bank notes or any kind of pa- per credits to circulate as money, are individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind contracted since the 1st day of January, 1850. FORMS. ON" o. jL. REGULATIONS ADOPTED BY THE SUrERIXTENDENT OF THE BANKING DEPARTMENT, IN RELATION TO THE RECEPTION OF BONDS AND MORTGAGES AS SECURITY FOR CIRCULATING NOTES. The laAv requires all bonds and mortgages, deposited with the superinten- dent by banking associations and individual bankers as security for the issue to them of circulating notes, to be upon improved, productive and unincum- bered lands within this State, to bear an interest of not less than seven per cent per annum, and to be for an amount not exceeding two-fiftlis of the value of the mortgaged premises, exclusive of any buildings thereon. The law further requires that such mortgages shall be payable within such time as the superin- dent may direct, and that no mortgage can be taken, in any case, for a greater amount than five thousand dollars. The statute thus leaves a discretion with the superintendent as to the amount of security he will receive upon lands, provided such security does not exceed two-fifths of the value ; such discretion to be exercised and governed by the 'peculiar circumstances of the particular case The law requiring the lands to be improved and productive, the valuation at which the lands are taken, will not be permitted to include any wild or timber lands beyond what may be reasonably required for the fuel and fencing pur- poses of the improved and cultivated farming land with Avhich they are con- nected. Vacant village and city lots will not be construed as improved and produc- tive lands within the requirements of the law. Neither will mortgages be received upon any village and city lots which are situated upon streets the grading, paving, guttering and flagging of Avhich have not been completed and are still liable for assessments for such purposes. All mortgages must contain a fiill and specific description of the premises mortgaged. General descriptions giving merely the names of the occupants or owners of the adjoining lands will not be considered sufficient. Bonds and mortgages, having more than one year t'o run before expiration of time for payment must contain an express covenant and stipulation that in case the banking association or individual banker, for the security of whose circulating notes the same ma}'' l)e deposited, shall at any time refuse or neg- lect to redeem any of their circulating notes on demand, then and in such case the whole amount of the principal and interest unpaid on such bond and mort- gage shall immediately become due and payable, in the same manner and to the same extent as if the full time specified in such bond and mortgage for the payment of the moneys secured thereby had expired. Every mortgage should, with the papers accompanying it, exhibit a perfect security, by itself, as to title, freedom from incumbrance, value of the land, assignment to the superintendent of the banking department, notice thereof to tlie mortgagor or his consent thereto, and affidavit of the mortgagor that the title to the property mortgaged is good and valid in him, that he is in actual BANKS AND CORPORATIONS. 7^5 possession of the premises, and that his title or possession has never been dis- puted or questioned, and a stipulation or consent, signed by him and duly acknowledged, specifying the amount due and unpaid thereon, over and above all offsets and legal or equitable defenses. All mortgages and assignments of the same must be duly acknowledged and recorded. The bond must be executed in the presence of a subscribmg wntness, and all erasures and interlineations in the bond or mortgage must be properly and fully noted before execution. The title should appear, by an abstract thereof under the official certificate of the county clerk, deduced from some known and undisputed source, and must be of the whole, not an undivided interest, or tenancy in common or joint tenancy with others. In giving the abstract of title, the consideration specified in the several deeds abstracted should be distinctly stated. When the title is traced by descent, full and particular proof by affidavit of all the facts showing the legal transfer of title by operation of law, will be required. An affidavit stating merely that certain persons named Avere the only heirs of the intestate, will not be considered sufficient. The special facts by nature of which the heirship is claimed must be stated. When title by descent is traced by a collateral relation from an unmarried female,_it_^ should be proved that she has not had any illegitimate children (See ch. 547, Laws of 1855). In all cases of conveyances, appearing on the search to have been executed by a grantor, without joining husband or wife, it must be sliownby affidavit that the grantor at the execution of such conveyance was unmarried. The mortgage is required to be on unincumbered real estate, and, therefore, all rights of dower and other life estates or interests in the whole, or any part of tlie mortgaged premises, whether inchoate or depending on a contingency, in behalf of any person not a party to the mortgage, must be released or satis- factorily proved to have been in some manner legally discharged. The certilicate of the County Clerk accompanying the mortgage, must al^o sliow a full search for all deeds, leases, releases and conveyances; All mortgages to individuals and corporations, and to commissioners of loans, or loan officers for the loans of 1792 and 1808, and to the commi.ssioners for loaning the United States Deposit Fund, under the act of April 4th, 1837, and to the State, and abstracts of mortgages to the State. (An index and statement of State mortgages was furnished by the Secretary of State to the loan commissioners of the several counties, wdiich is generally filed in the clerk's office with the book of mortgages to said commissioners); AU agreements and contracts ; All affidavits and other papers on the foreclosure of a mortgage by adver- tisement, and certificates of redemption of mortgage sales recorded under chap. 410 of the Laws of 1837, and the amendments thereto ; All marshals and sheriff's' certificates of sale ; All mechanics and laborers' liens; ■ All tax sales by the Comptroller in appendix E. of the Assembly Journal of 1820, and Vol. V. of Assembly Documents of 1835, and statements of Comp- trollers' tax sale^ of 1834, 1839, 1843, 1848 and 1853 ; All assignments and transfers by any person or corporation of any of the above instruments; All assignments for the benefit of creditors, and under the two-third act, and to receivers by order of a court oi- judge, and all other assignments ; All wills and codicils ; ' All powers of attorney and revocation of powers of attorney ; All notices of lis pendens ; All bonds by collectors of taxes and their sureties within three years from the date of the search (see 1 R. S., p. 346, sections 19 and 20) ; All memoranda, filed by mutual insurance companies, of deposit notes of stockholders in said companies; (see Laws of 1836, chap. 41, sec. 8, Act 10 74 THE CLERK'S ASSISTANT. incorporating " The Jefferson County Mutual Insurance Company," and also other like acts of incorporation subsequently passed) ; All judgments and decrees, and all transcripts of judgments and decrees, for ten years immediately preceding the date of the certificate of search ; All entries of priority of certain judgments over mortgages and other judg- ments pursuant to the laws regulating the collection of taxes (see sections 71. 72, 73 and 74, chap. 298, Laws of 1850) ; All other liens and incumbrances filed, recorded or docketed in his office. The certificate must also state the consideration of all deeds, conti-acts, con- veyances and mortgages, and whether the deeds are quit-claim, warranty, cove- nant against grantors' acts, full covenant, executors', administrators', trustees', sheriffs', referees', raa>Jters', receivers', guardians', or other special deeds ; and if any of the conveyances are not absolute, or contain conditions, reservations, trust clauses, provisos (other than the usual mortgaged provisions), or convey less than a fee simple, or aie ambiguous or uncertain in their description of the premises, or are acknowledged informally or defectively, those clauses and parts should be copied in full. The clerk must also certify that he has searched the records, files, dockets and all othei documents, books and papers in his office, according to such directions. In cities and villages, lots liable to be assessed and sold for local taxes, or for any purpose, it should appear by a certificate, firom the persons or officers having charge of the records or proceedings, that the premises are free from such liens, and that the assessments thereon have all been paid. An affidavit of the mortgagor, that he has never been sued in any of tlie United States courts in this State, will, in general, be satisfactory as to him. The appraisal of the premises must be made under oath, by at least two of the persons selected by the Superintendent to appraise lands in the county in which the premises are situate. Such appraisal must give a description of the mortgaged premises, and the number of acres included therein ; the proportion or amount of improved and productive lands included therein, and the amount and character of timbered or unimproved lands ; the character and description of the buildings and im- provements upon the premises, and the state of cultivation in which it is found. Such appraisal must also clearly specify the value of the land, exclu- sive of the buildings and perishable improvements: the fair value of the build- ings alone, and also the fair cash value of the premises as they are, including the buildings and improvements. If rented, what is the annual rent: and if not rented, what would be the fair annual rent thereof, exclusive of taxes. If the premises comprise one or more city lots, the appraisal must shoAV the sit- uation of the streets in the vicinity of the lots as to grading, curbing, gutter- in? and fiag-gine;; what is the character and nature of the buildings and im- provements upon the premises ; for what purpose the same are occupied ; at what rent the same are let, and what is the fair annual rent thereof. In all cases where the mortgagor is not unmarried, or a trustee, his wife must join in the execution thereof; and proof, by affidavit or otherwise, that he is a trustee or unmarried, must accompany the papers. When conveyances are made by trustees, executors, administrators, devisees or heirs at law, the official authority must in each case be clearly shown. ^Nlortgages held in trust for one bank will not be transferred to the account of another institution. When such transfer is desired, the mortgage will be reassigned to the president of the institution in trust for which it is held, and when again presented for reception will be examined and passed upon in the same manner as if it was a new mortgage, and had not been in the depart- ment, and a reappraisal will be required. Blank forms will be furnished on application, at this Department, and it is desirable that such forms should be used in all cases. Bank Department. Albany, ) M. S., Superintendent. August 3d, 1855. " \ BANKS AND CORPORATIONS. 75 ]Vo. 3. CERTIFICATE OF ORGANIZATION OF A BANKING ASSOCIATION, TO BE RECORDED AND FILED. To all to whom these presents shall come, Greeting : We, whose hands and seals are hereunto subscribed, having associated our- selves under and pursuant to the act of the Legislature of the State of New York, passed April 18th, 1838, entited "An act to authorize the business of banking,'" and the several acts amendatory thereof, to establish an office of discount, deposit and circulation, and carry on the business of banking, do hereby certify: 1. That the name assumed to distinguish such association and to be used in its dealings, is 2. The operations of discount and deposit, of such association, are to be car- ried on in the city of Troy, in the county of Rensselaer, in the State of New York. 3. The amount of the capital stock of such association is $300,000, and tlie same is divided into three thousand shares of $100 each (and in the articles of association provision is made authorizing an increase of such capital, and of the number of associates, from time to time, as may be deemed proper, to an amount not exceeding .?500,000 in the aggregate). 4. The names and places of residence of the shareholders, and the number of shares held by each of them respectively, fully appear by the signatures and subscriptions hereto : 5. The period at which such association shall commence is the 10th day of March, 1858, and the period at which the same shall terminate, is the lOtli day of March, 1898. In testimony whereof, we have, on tlie 10th day of January in the year 1858, hereto respectively subscribed our hands and seals, and specified our respective places of residence, and the number of shares of the capital stock of the association aforesaid, taken and held by each of us respectively. Name. Seal. Residence. Number of Shares. ( The execution should be duly proved or acknowledged, before an officer authorized to take acknowledgment, in the same manner as a deed.) JSo. 3. CERTIFICATE OF AX INDIVIDUAL BANKER. To all to whom these presents may come, Greeting : Under and in pursuance of the requirements of the act of the Legislature of the State of New York, passed April 18th, 1838, entitled "An act to au- thorize the business of banking," and the several acts amendatory thereof, I, the undersigned, residing at the city of Schenectady in the county of Schen- ectady, in the State of New York, do hereby certify that I intend to establish an office of discount, deposit and circulation, and carry on the business of bank- ing under the general Banking Law of this State, as an individual banker, af the city of Schenectady in the county of Schenectady, in the State of New York aforesaid. That the name assumed by me as the name and title of the bank under which such busmess is to be conducted, is ''The Morris Bank." That M. P., residing in the city of Schenectady aforesaid is or will be interested with me as such banker in the business- aforesaid ; and that no other person has any interest whatever with me, either directly or indirectly, in the secu- '•iti(.'s deposited or to be deposited by me with the Superintendent under the 76 THE CLEEK'S ASSISTANT. provisions of the act aforesaid, or in the business so to be transacted as such individual banker as aforesaid, or the benefits or advantages thereof. In testimony whereof, I have hereto set my hand this 2d day of Marcn, m the year 1859. M. M. [l. s.] {Add acknowledgment as in case of deeds.) ISo. 4. OERTIFICATE OF RESIDENCE OF INDIVIDUAL BANKER BY COUNTY JUDGE, COUNTY CLERK, MAYOR OR SUPERVISOR, OF THE CITY OR TOWN IN WUICH THE BANK IS TO BE LOCATED. State of New York, City and County of Schenectady, ss. I, the under- signed Mayor of the city of Schenectady, county aforesaid (or other officer specifying it, as the case may he) do hereby certify that I am well acquainted with M. M., the party named in, and who has executed the annexed certificate of his intention to establish an Individual Bank, and have been so acquainted with him for at least ten years last past, and that the said M. M. is now and has been for eight years last past an actual resident of the city of Schenectady in said county. Dated at Schenectady, this 3d day of March, 1859. B. B.,' Mayor, &c ly o. 5 . CERTIFICATE TO BE FILED BY A PERSON JOINTLY INTERESTED WITH AN INDIVI- DUAL BANKER. To all to whom these presents shall come, Greeting: I, N. N., residing in the city of Schenectady in the county of Schenectady and State of New York, do hereby respectively certify and acknowledge that I am interested with M. M., an " Individual Banker," conducting banking business under the " Act to authorize the business of banking," and the sev- eral acts amendatory thereof at Schenectady, in the county of Schenectady, under the name of the Morris Bank, and in the circulating notes obtained or to be obtained by the said Individual Banker, and in the benefits and advantages of circulating the same. Given under my hand this 3d day of March, 1859. K K fL. S.1 [Add acknowledgment as in case of deeds.) No. 6. AFFIDAVIT OF MORTGAGOR AND OWNER. State of New York, County, ss of the of county and State aforesaid, being duly sworn, saith that he is the mortgagor, or one of the mortgagors and present owners of the prem- ises described in a certain mortgage executed by deponent and to for the sum of $ , dated the day of ., 18. ., and recorded in the clerk's office of the county of , in book of mortgages No , pages , on the day of , 18 . . , which mortgage has been assigned to the Superintendent of the Bank Department of the State of New York; that deponent at the time of the execution and recording of said mortgage, had a good and valid title in fee simple to tlie premises described in said mortgage and each and every part thereof. BANKS AXD CORPORATIOXS. 77 Deponent further saith, that when said mortgage was executed, deponent was and still is {or the said owners were and still are,) in the actual, quiet and peaceable possession of said premises, eitlier personally or through tenants; and that deponent or such owners have been in like possession of such prem- ises for the space of years immediately preceding the execu- tion of said mortgage ; and that the said owner or owners, and those ander and through whom said title has been derived, have been in such j^os- session over twenty years immediately preceding the execution of said mort- gage ; and that neither the title or possession of said owners or their grantors or devisors, or any or either of them, have ever been disputed or questioned, to the knowledge, information or belief of deponent. Deponent further saith, that no part of the said premises have ever been sold for taxes or assessments of any kind or nature, and that there are no such taxes or assessments now due or chargeable thereon ; and that there are no rents of any kind, or leases in perpetuity, for years or otherwise, charge- able or reserved, on said premises or any part thereof, pi'ior to said mortgage ; and that, at the time of recording said mortgage, the said mortgaged premises were free and clear of all contingent and other liens, claims, charges and incumbrances of every kind and nature Avhatsoever, except said "mortgage; according to the knowledge, information and belief of deponent. Deponent further saith, that to his knowledge, information or belief, no per- son or persons, other than those named in the search and abstract of title which accompuuies said mortgage, and the grantors of the source or sources of title therein mentioned, have, or ever had, or claim, or ever claimed to have, any title to,or interest in, or lien on, said premises, or any part thereof, by posses- sion, or unrecorded deeds or instruments, or otherwise. Deponent further saith, that at the time of the execution of said mortgage, the said mortgagor, (or mortgagors), and each of them were citizens of the •United States, and were over 21 years of age. Deponent further saith, that the said premises so mortgaged as aforesaid, contain the number of acres or the quantity of land stated in said mortgage, and are correctly described therein. Deponent further saith, that he has never been sued in the United States courts ; and that neither of said mortgagors have ever been so sued to depo- nent's knowledge, information or belief; and further saith not. Sworn before me, this day of ,18. OVo. •7. FORM OF APPRAISAL OF FARMING LANDS. (Valuations and contents must be written out, 'not stated in figures.) Appraisal of the lands and premises situate in the town of , in the county of , in the State of New York, mortgaged by to , by mortgage recorded in the clerk's office of the county of. ... , in book of mortgages No , on pages and dated the day of IS... • , State of New York, County, ss of the town of , in the county aforesaid, and of the town of in said county, being duly sworn, each for himself, respectively and severally, saith that he is one of the appraisers appointed by the Superintendent of the Bank- ing Department of the State of New York to appraise lands in the said county of ; that he has no interest in the bond and mortgage above mentioned or in the premises described therein ; that he is not of kin nor in any way connected in business with either the mortgagor or mortgagee named in the above mentioned mortgage, nor is he either directly or indirectly inter- 78 THE CLERK'S ASSISTANT. ested in the bank, in trust for which such mortgage is proposed to be deposited with the said Superintendent. And these deponents, each for himself, further respectively deposeth and saith, that he has personally and carefully examined, within days last past, the lands and premises covered by the mortgage above mentioned, and linds that such premises are correctly described therein ; that they consist of tract of land, containing, according to the best judgment and belief of tlu3 deponent, about acres; of which acres are improved and under cultivation, acres thereof are timbered lands, and acres thereof are lands which cannot properly be classified as either improved or timber lands. In answer to the question, what is the character and nature of the soil, and the state of cultivation the improved and cultivated portion of the premises are in, and what buildings and other perisliable improvements are upon the same, and what condition such improvements are in ? each respectively states and alleges that And each for himself, further respectively states, that such improved and cultivated lands, exclusive of the buildings and perishable improvements thereon, are worth, per acre, and the buildings thereon are worth In answer to the question, what is the value and character of the timbered lands, what kind of timber, whether well timbered or otherwige, and what is the character and nature of the soil ? states that .... and he further states, that such timbered lands are now fairly worth .... per acre ; and, if the wood and timber was cut off, would, for purposes of cultivation, be Avorth, per acre, In answer to the question, what is the character and value of the other lands, not included as improved or timber lands, and what is their condition and susceptibility for improvement and cultivation ? states And they further, respectively state, that the mortgaged premises, as they are situated, including improvements, are reasonably and fairly worth, at a cash sale, the sum of ; that, exclusive of buildings and perishable improvements, they are worth, at a cash sale, the sum of The fair annual cash rent of the premises, above repairs and taxes, for farming purposes, is In answer to the question, by whom and for what purpose are the premises now occupied, and if not by the owner, by whom, under whom, at what rent and tenure ? states ISO. 8. FORM OF APPRAISAL OF VILLAGE AXD CITY LOTS. Appraisal of lot. .of land and premises situate in the. . . .of. . . ., in the county of , in the State of New Yoik, mortgaged by to , by mortgage dated the .... day of 18 . . , and recorded in the office of the clerk of ifhe county of , in book of mortgages No , on pages State of New York, County of , ss of , in the county aforesaid, being duly and severally sworn, each for himself saith, tiiPt he is one of the appraisers appointed by the Superintendent of the Banking Department of the State of New York, to appraise lands in the said county of ; that he has no interest in the bond and mortgage above men- tioned, or in the premises described therein ; that he is not of kin nor in any way connected in business with either the mortgagor (or mortgagors) nam^'d in the above mentioned mortgage, nor is he directly or indirectly interested in tha BANKS AND COIIPORATIOXS. 79 bank, m trust for which such mortgage is proposed to be depo- fiited with the said Superintendent. And these deponents, each for himself, further, severally and respectively, deposeth and saith, tliut he has within days last past, personally and carefully examined the lot. .of land and premises covered by the mortgage above mentioned, and finds that the premises are correctly described therein; that they consist of lot of land situate in the of county aforesaid, of the following size, to wit : that all the said lota are improved, and the improvements thereon are as follows, to wit : In answer to the question, whether the streets upon which such lot situate are completely graded or not, and whether the paving, guttering and flagging of the same have been fully completed ? saith In answer to the question, what is the condition of the lot and the improvements thereon, and in what repair are the same, and how and for what purpose the same are occupied? these deponents, each for himself, respectivel}^ and severally, deposeth and saith, And such deponents, each for himself, respectively, further saith, that such lots are worth, exclusive of the buildings and perishable improvements thereon, the sum of . . - , the buildings thereon are worth the sum of , that the premises, as they are now situated, including improvements thereon, are reasonably and fairly worth, at a cash sale, the sum of , the fair annual cash rent of the premises, above repairs and taxes, is In answer to the question, by whom are the premises now occupied and for what purpose, and if not by the owner, by whom, under whom, and at what rent and tenure ? states ISO. O. BOND TO A BANKING ASSOCIATION. Know all men by these presents : That , of , in the county of , held and firmly bound unto president of the a banking association in the county of . . . . , established by virtue of the act entitled " An act to authorize the business of banking," passed April 18, 1838, and the several acts amendatory thereof and supplementary thereto, in the sum of dollars, lawful money of the United States of America, to be paid to the said , as such president, as aforesaid, or his successor or successors, or assigns, for which payment, well and truly to be made, bind heirs, executors and administrators, firmly by these presents. Sealed with seal. Dated the day of in the year of our Lord 18. . . . The condition of the above obligation is such, that if the above bounden heirs, executors, administrators or assigns, shall pay or cause to be paid to the said as such president, as aforesaid, or his successor or successors, or assigns, the sum of dollars, in years from the date hereof, with interest at the rate of seven per centum per annum, and shall in the meantime pay the interest thereon, on the first days of and in each year, then these presents shall be void. It is expressly understood and agreed, however, that if default shall be made in the payment of the interest that may grow due, or any part thereof shall remain unpaid at the expiration of thirty days after the same shall oecomo due and payable, or in case this bond, with the mortgage for securing the payment thereof, shall be assigned to the Superintendent of the Banking Department of the State of New York, under and in pursuance and for the purposes of the acts aforesaid, 'then, and in that case, if the said bank- ing association shall at any time, after such assignment, neglect or refuse to "^edeem any of its circulating notes, the whole amount of the principal and 80 THE CLERK'S ASSISTANT. interest which may then be unpaid and have accrued hereon shall immedi- ately become due and payalile, in the same manner and to the same extent as if the time hereinbefore specified for the payment thereof had expired; and if the said shall, upon the same becoming due in either or any of the cases aforesaid, forthwith pay the said principal with all the interest due thereon as aforesaid, up to the time of payment, then the above obligation to be void, otherwise to be and remain in full force and virtue. Sealed and delivered in the presence of \ No. lO. MORTGAGK TO A BANKING ASSOCIATION. This indenture, made the day of in the year 18.. . . .^.be- tween of in the county of in the State of New York, of the first part, and president of a banking association in the county of in said State, established by virtue of an act entitled " An act to authorize the business of banking," passed April 18, 1838, and the sev- eral acts amendatory thereof and supplementary thereto, of the second part, witnesseth, that the said for and in consideration of the sum of dollars to weU and truly paid by the banking association afore- said, ha. . granted, bargained, sold, aliened, released, enfeoffed, confirmed and conveyed, and by these presents do . . grant, bargain, sell, aUen, release, en- feoff, confirm and convey, to the said party of the second part as such presi- dent as aforesaid, and his successor and assigns forever, all that Together with all the hereditaments and appurtenances to the same belong- ing or any wise appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the said part, .of the first part, of, in and to the above bargained premises, and every part thereof, with the appurtenances, to have and to hold the same unto the said party of the second part as such president as aforesaid, and his successor and assigns forever: Provided always, and these presents are upon this condition, that if the said part, .of the first part. . .heirs, executors, administrators or assigns, shall pay or cause to be paid to the said party of the second part, as such president as aforesaid, or his successor or assigns, the sum of dollars in years from" the date hereof, Avith interest at the rate of 7 per centum per annum, and shall in the meantime pay the interest thereon semi-annually, on the first days of and in each year, according to the condition of a certain bond bearing even date herewith and executed by the said to the party of the second part, as such president ks aforesaid, then these presents shall be void. It is understood and agreed, however, that if default shall be made in the payment of the interest that may grow due or any part thereof, and the same or any part thereof shall remain unpaid at the expii-ation of thirty days after the same shall become due and payable, or in case this mortsage, with the bond accompanving the same, sliall be assigned to the Superintendent of the Banking Department of the State of New York, under and in pursuance, and for the purposes of the acts aforesaiS, then and in that case, if the said banking association shall at any time after such assignment, neglect or refuse to redeem any of its circulating notes on demand, the whole amount of the principal and interest which may then be unpaid and have accrued thereon shall immediately become due and payable, in the same man- ner and to the same extent as if the time hereinbefore specified for the pay- ment thereof had expired ; and if the same shall be forthwith paid, according to the condition of a certain bond or writing obligatory, bearing even date herewith, executed by the said to the said party of the second part, as sucli president as aforesaid, then the above grant, bargain and sale, and every part thereof, .shall be void ; but if fixilure be made in any of the pay- BANKS AND CORPORATIONS. 81 ments before mentioned, then the above bargain and sale is to remain in full force and virtue. And the said for heirs, executors, adminis- trators and assigns, hereby covenant, .grant, .and agree.,, to and with the said party of the second part, as sucli president as aforesaid, his successor and assigns, well and truly to pay to him and them the principal and interest, at the several times and in the manner aforesaid ; and in case of such assignment to the Superintendent as aforesaid and the failure or neglect of said bank to redeem its circulating notes on demand, as aforesaid, then immediately on such feilure or neglect will pay the said principal and interest to the Superinten- dent of the Banking Department of the State of New York, to enable him to fulfill the duties imposed on him by the said act entitled " An act to authorize the business of banking," passed April 18, 1838, and the several acts amend- atory thereof and supplementary thei-eto, or to the purchaser or assignee of this mortgage, under any sale made in pursuance of the provisions of the statutes in such case made and provided. And the said also cove- nant . . . and agree . . . that at the time of the sealing and delivering of these presents, the said part. . .of the first part. . . .lawfully seised of and in the above bargained premises, of a good, sure, perfect, absolute and indefeasible estate of inheritance, and the same are now free and clear of and from all for- mer and other gifts, grants, bargains, sales, Hens, judgments, recognizances, dowers, rights of dower, and other incumbrances whatever; and if default shall be made in the payment of the principal or interest above mentioned, then the said part . . of the second part, and his successor or assigns, are here- by authorized, pursuant to statute, to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount hereby secured, with the costs and expenses allowed by law. In witness whereof, the said parties of the first part have hereunto set their hands and seals the day and year above written. Sealed and delivered in presence ) of r State of New Yorh, County ss. On this day of before me came to me known to be the individuals described in and who executed the foregoing conveyance, and to me acknowledged they executed the same; and the said on a private examination, apart from her husband, acknowledged that she executed the same freely, and without any fear or compulsion of her husband. ISty. XI. ASSIGNMENT TO THE BANKING DEPARTMENT. Know all men by these presents, that I, tliQ mortgagee with- in named, president of , a banking association, formed under and in pursuance of the act entitled " An act to authorize the business of banking," passed April 18, 1838, and the several acts amendatory thereof and supplementary thereto, in consideration of §1 to me in hand paid, and for the purposes specified in the said acts, do hereby assign, transfer, convey and set over, unto the Superintendent of the Banking Department of the State of New York, the within indenture of mortgage, executed by to me, as such President as aforesaid, and the bond accompanying the same, together with all my right, title and interest, as such mortgagee as aforesaid or otherwise, in and to said bond and mortgage, and the premises described therein, or covered thereby. And I, the said president as aforesaid, do covenant and agree that there is this day owing and unpaid on the said bond and mortgage the principal sum of dollars, besides interest, 11 82 THE CLERK'S ASSISTANT. In witness whereof, I, as such president as aforesaid, have hereto affixed my hand and the corporate seal of said association, this day of 1 Q • •••••••■•••J AO • ■ Jn presence of StaU of New York, County of , ss. On this, day of , 18 . . , before me came , to me known to be the individual described in and who executed the preceding assignment, and he acknowledged the execution of the same, and being by me duly sworn, says that he is the president of the bank, the above named associa- tion ; that the seal af&xed to the preceding assignment is the corporate seal of the said association, and that the said corporate seal and his signature as such president, were affixed to said assignment by the authority and direction of the said association. JSo. X3. CONSENT OF S/ORTGAGOR TO ASSIGNMENT. I, the mortgagor in the within mortgage named, and the present owner in fee of the mortgaged premises, do hereby consent to the assignment of the •within mortgage and the bond accompanying the same, to the Superintendent of the Banking Department of the State of New York, and certify and agree that there is now unpaid on said bond and mortgage the principal sum of dollars, with interest from the day of 18. ., and that there is no off-set to or legal or equitable defense against the same. Dated at , this. day of , 18. . State of New York, County of , ss. On this day of 185 . . , before me came to me known to be the individual described in and who executed the preceding consent, and he acknowledged the execution thereof. No. 13. BOND TO BE GIVEN BY A BANKING ASSOCIATION OR INDIVIDUAL BANKER HAVING RELINQUISHED BUSINESS, UPON THE WITHDRAAVAL OF SECURITIES FOR THE PAY- MENT OF THE OUTSTANDING UNREDEEMED NOTES OR BILLS. Whereas . . , a banking association (o?- individual bank) formerly located and doing business at , in the county of , in the State of New- York, under and By virtue of the provisions of the act entitled " An act to authorize the business of banking," passed April 18, 1838, and the laws amending the same, have relinquished the business of banking, and the pro- visions of section 8 of chapter 319 of the Laws of 1841, having been fully com- pUed with, and the notice required by section 9 of said chapter 319, having been duly published, and two years having elapsed since .the date and first publication of such notice, and , the owner of the securities and moneys remaining in the hands of theSuperintendent oi the Banking Department, for the redemption of the circulating notes of such bank, being desirous of receiv- ing from said Superintendent, such securities and moneys so remaining in hia hands, for the payment of the unredeemed notes of said , and in order to comply with the provisions of the said section 9 as amended by chapter 68 of the Laws of 1851, so as to entitle them (or him) to receive such securities cr monev. BANKS AND CORPORATIONS. 83 Therefore, know all men by these presents, that we , are held and firmly bound unto the Superintendent of the Banking Department of the State of New York, in the sum of , to be paid to the said Superintendent, his successors or assigns; for which payment well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators jointly, and severally, firmly by these presents. Sealed with our seal, and dated tliis day of The condition of the above obligation is such that if the said . . . . , their or any of their heirs, executors or administrators, shall well, truly and promptly pay or redeem, or cause to be paid or redeemed, whenever the same shall be presented for redemption or payment, all the outstanding notes of said associa- tion {or individual banker) that may be presented as aforesaid, within six years from the date hereof, according to the true intent and meaning of the statute in such case made and provided ; then the above obligation to be void, otherwise to be and remain in fuU force and vktue. In presence of A. B. [l. s.] &c. (N. B. Such bond is to be under seal, executed by at least three sureties, who must be freeholders and each justify in the double the amount of the penalty of the bond, and the penalty double the amount of unredeemed cir culation, and to be proved or acknowledged in the same manner as deeds.) CHARTER OF YOUNG MEN's CHRISTIAN ASSOCIATION. State of New York, City and County of Albany, ss. "VVe the undersigned citizens of the State of New York, of full age, being desirous to associate our- selves for a benevolent purpose, do hereby, pursuant to the statute in such case made and provided, certify that the name by which the society or incor- poration hereby to be formed shall be known in law, is the Albany Young Men's Christian Association. That the object and business of such society is the improvement of the spiritual, mental and social condition of young men ; that the directors are eighteen in number, that the names of the directors for the first year of the existence of this society are as follows, viz. : {Insert the names of the officers for the first year.) And that the location of the society is in the city of Albany. Albany, March 30, 1857. (Signed.) A. B., C. D., E. R, &c. State of New York, City and County of Albany, ss. On this 30th day of March, 1857, before me came the above named A. B., C. D., E. F., etc., to me severally known to be the persons described in, and who executed the above instrument, and severally acknowledged the execution thereof. (Signed.) H. S., Commissioner of Deeds. I approve of the form and sufficiency of the within certificate, and consent that the same be filed in the proper office. (Sisrned.) IRA HARRIS, Justice of the Supreme Court (N. B. By changing the name and the statement of '• the object and busi- ness of such society," the foregoing form will answer as a charter for any benevolent, charitable, religious, scientific, or missionarv society.) 84 THE CLERK'S ASSISTANT. Iifo. 15. CHARTER OF A MANUFACTURING CORPORATION. State of New York, town of Rensselaerville, Counti/ of Albany, ss. We tn* undersigned citizens of the State of New York, do hereby certifj--, that we have associated together as a manufacturing corporation, to continue in exis- tence for the period of twenty-five years from the date hereof for the pur|>ose of carrying on and conducting the manufacture of woolen cloth {or cotton or linen goods), that the corporate name of said corporation is " The Rensselaer- ville Mamifacturing Company," that the amount of the capital stock thereof is $50,000, and is divided into five hundred shares ; that the number of trustees of said corporation is seven ; and that the following are the names of the trustees who will manage its concerns for the first year, to wit : B. S., D. E., &c. And we do further certify, that the manufacturing operations of the said corporation, will be carried on in the town of Rensselaerville aforesaid. Dated June 10, 1859. (Signed.) B. S., &c. County of Albany, ss. On this 10th day of June, 1859, before me came the above named B. S., &c., to me known to be the persons described in, and who executed the foregoing instrument, and severally acknowledged the exe- cution thereo£ D. R., County Judge, &c. ISO. xe. 'power of attorney to transfer stock in a bank, OR CORPORATION. Know all men by these presents, that , for value received, ha. . bargained, sold and assigned, and by these presents do bargain, sell and assign unto , the following described stock, to wit : . , unto belonging and held by certificate No , in name, and hereunto annexed, and do hereby constitute and appoint true and lawful attorney, irrevocably, for and in name and stead, to use", to assign and transfer the said stock unto and for that purpose to make and execute the necessary acts of assignment and transfer, and an attorney or attorneys under for that purpose to make and sub- stitute, and to do all other lawful acts requisite for effecting the premises, hereby ratifying and confirming the same. In witness whereof, have hereunto set hand .... and seal . . . . , in the city of , the day of , in the year of our Lord 18 . . . State of New York, City and County of , ss. On the day of , 18. . . ., personally appeared before me ., to me known to be the person, .described in and who executed the within instrument, and acknowledged the execution of the same for the uses and purposes therein mentioned- PROXY TO vote at ELECTION. Know all men by these presents, that I , do hereby constitute and appoint B. D to be my lawful attorney, substitute and proxy, for me and in my name, to vote on all the stock held by me in the , at any election for directors, as fully as I might or could do, were I personally present BANKS AND CORPORATIONS. 85 at such election ; and I hereby revoke any proxy or proxies heretofore given by me to any person or persons whatsoever. In witness whereof, I have hereunto set my hand and seal this 10th day of July, 1859. In presence of B. E. [l. s.J A. E. JS o. 18. AFFIDAVIT ANNEXED TO PROXY. City and County o/ Albany, ss. I, B. E., ,■ of Albany, do swear. that the shares in the capital stock of the for which I have given the above power or proxy to vote, do not belong, and are not hypothe- cated, to the said B. D., and that they are not hypothecated or pledged to any other corporation, or any person or persons whatever ; that such shares have not been transferred to B. D., for the purpose of enabling him to vote thereon ; and that I have not contracted to sell or transfer them upon any con- dition, agreement or understanding, in relation to his manner of voting at any election. B. E. Sworn before me, this 10th ) day of July, 1859. ) L. P., Commissioner of Deeds. No. X9. TRANSFER OF STOCK IN CORPORATION OR BANK. Know all men by these presents, that I., 0. S., for value received, have bargained, sold, assigned and transferred, and by these presents do bargain, sell, assign and transfer unto H. E., sixteen shares of the capital stock, standing in my name on the books of the Exchange Bank, and do hereby constitute and appoint the said H. E., my true and lavd"ul attorney irrevocable, for me and in my name and stead, but to his use, to sell, assign, transfer and set over all or any part of the said stock, and for that purpose to make and execute all necessary acts of assignment and trans- fer, and one or more persons to substitute with like fuU poAver, hereby ratify- ino- and confirming all that my said attorney or his substitute or substitutes aliall lawfully do by virtue hereof. In witness whereof, I have hereunto set my hand and seal the 12th day of August, 1859. C. Gr. [l. S.] inspector's oath. State of New York, City of Troy, ss, I do solemnly swear {or afl&rm) that I win support the Constitution of the United States, and the Constitution of the State of New York ; and that I will faithfully discharge the duties of the office of inspector of election for the according to the best of my ability. Sworn, &c., M. E. Wo. 31. OATH OF STOCKHOLDER WHEN CHALLENGED. You do swear in the presence of the ever Uving God (or do sincerely and truly affirm) that the shares on wliich you now offer to vote, do not belong 86 THE CLERK'S ASSISTANT. and are not hypothecated to the (corporation of which the election is being held,) and that they are not hypothecated, or pledged to any other corpora- tion, or person whatever ; that such shares have not been transferred to you, for the purpose of enabling you to vote thereon at this election; and that you have not contracted to sell or transfer them, upon any condition, agreement, or understanding in relation to the manner of voting at this election. No. sa. OATH OF PROXY WHEN CHALLENGED. Yon do swear in the presence of the ever living God (o?* sincerely and tiuly affirm) that the facts stated in the affidavit annexed to the proxy, upon which you now oli'er to vote, are true, according to your belief; and that you have made no contract or agreement, whatever, for the purchase or transfer of the shares, or any portion of the shares, mentioned in such proxy. AFFIDAVIT OF PRESIDENT OR CASHIER TO STATEMENT OF DIVIDENDS OR DEPOSITS, State of New York, City of Utica, ss. R. 0., of said city, being duly sworn, deposes and says, that he is the president {or cashier) of the Utica Bank, and that the foregoing statement of dividends {or deposits) remaining unclaimed in the said bank for the space of two years next preceding the 17th day of August, 1859, is in all respects just and true, according to the best of liis know- ledge and belief -d q Sworn, &c. POWER OF ATTORNEY TO RECEIVE DIVIDEND. Know all men by these presents : that I, M. P., of the city of New York, do hereby constitute and appoint P. M., of the cit}^ of Albany, my attorney, to receive from the Bank of the Capitol {or company) the dividend now due on all stock standing in my name on the books of the said bank {or company), and give a receipt for the same; hereby ratifying and, confirming all that my said attorney may lawTully do in the premises, by virtue hereof. Witness my hand and seal, this 17th day of August, 1859. P. M. [L. S.J » IS"©, as. CERTIFICATE OF INCORPORATIdN OF AN EPISCOPAL CHURCH. 'We, the undersigned, do hereby certify, that on the day of 1858, the male persons of full age worshiping in the building known as , in the town of , county of , State of New York, in which congregation divine worship is celebrated according to the rites of the ProtestantEpiscopal Church in the State of New York, and which is not akeady incorporated, met at their place of worship, aforesaid, for the purpose of incorporating themselves as a religious society, under the act of the Legis- lature of the State of New York, and in pursuance of notice duly given to the said congregation, in the time of morning service, on two Sundays pre- vious to such meeting, that the male persons of full age belonging to said congregation would meet at the time and place aforesaid, for the purpose of incorporating themselves, and of electing two church wardens and eight ves- BANKS AND CORPORATIONS. 87 trymen. And we further certify, that the Rev. B. A. being the rector of said church, presided at the said meeting (or there being no rector of the said church or congregation, the undersigned M. N. was by a majority of the said persons so met, called to preside and did preside at the said meeting). And we further certify that at the said meeting F. M. and M. P. were duly elected church wardens of the said congregation and church, and W. 0., &c., (eiyhi persons) were duly elected vestrymen ; that .... Tuesday in Easter week was by the said meeting, fixed on as the day on which the said offices of church wardens and vestrymen should annually thereafter cease, and their successors in office be chosen; and that the said meeting determined and declared that the said church and congregation should be known in the law by the name of " The rector, church wardens, and vestrymen of St. Luke's church, in the town of , in the county of " In testimony whereof, we, the said B. A., rector, (or M. N.) who presided at the said election of wardens and vestrymen, and B. B., and C. C., who were present and witnessed the proceedings aforesaid, have hereunto subscrib- ed our names and affixed our seals this ... .day , 1858. In presence of L. S. B. A. I L. s. i B. B. [u S.J, C. C. [l. S.J County of , ss. On this day of , 1858, be- fore me came the above named L. S., to me known, who being by me sworn- did say that he resides in the town of , county atbresaid, that he knows the above named B. A., B. B., and C. C, that he was present and saw tlie said persons severally sign and seal the foregoing certificate, and that he thereupon signed the same as the subscribing witness thereto. C. B., Com. of Deeds. TSTo. 36. CERTIFICATE OF INCORPORATION OF OTHER RELIGIOUS SOCIETIES. The undersigned, two of the elders of the church (or two of the members of the church, congregation or religious societj') hereafter mentioned do here- by certify, that on the 3d day of August, 1859, the male persons of full age belonging to the congregation (or religious society) worshiping in the build- ing known as , met at the place of public worship aforesaid in the town of , in said county, for the purpose of incorporating themselves and did then and there elect, by plurality of voices, A. B., C. D., and E. P., (not less than three nor more than nine) as trustees of the said church corpora- tion, and the said persons did then and there also determine by the like plural- ity of voices, that the said trustees and their successors shall tbrever hereafter be called and known by the name or title of Witness our hands and seals this 4th day of August, 1859. B. P. [L. s.] R. S. [l. 8.j (Add acknowledgment as in case of deeds.) 88 THE CLERK'S ASSISTANT. PETITION TO SELL OR MORTGAGE, REAL ESTATE OF RELIGIOUS CORPORATIONS, TO BE SIGNED BY PEW-HOLDERS OR LEGAL VOTERS. To the Supreme Court of the State of New York : The petition of the undersigned pew-holders, legal voters of the religious society or incorporation known as the . . . , respectfully petition this hon- orable court to grant to the trustees of the said society or incoi-poration the right to mortgage the real estate of said incorporation, or society for the sum of $5,000 for the period of five years (or to sell the real estate owned by them, and to invest the proceeds thereof in a new edifice to be built for the use of said church corporation.) B. B., dec. JSo. 38. PETITION or TRUSTEES FOR LEAVE TO MORTGAGE REAL ESTATE OF RELIGIOUS SOCIETY OR INCORPORATION. To the Supreme Court of the State of New York : The petition of the undersigned respectfully shows that they are the trus- tees of the religious society known as .a religious incorporation organ- ized under and in accordance with the laws of tliis State, having no personal property except their church furniture, and no real estate except the lot on which stands their house of worship ; that 'said house of worship has just been erected at an expense of about $15,000, of which sum nearly $10,000 has been raised by subscription and paid, and they ask the leave of this court to mortgage said property for the term of five years for $5,000 to raise the balance of said money. And this petition further shows that the resolution hereto annexed is a copy of a resolution which unanimously passed said board of trustees at a meeting thereof duly held ; and that the petition hereto annexed is the petition of a majority of the legal voters of said reli- gious incorporation, and that the property which they desire to mortgage is bounded and described as foUows : (Add description.) M. M., leave to mortgage their real estate. ) Application having been made by the trustees and a majority of the legal voters of the religious society known as , for leave to mortgage (or sell) their real estate, on motion of Mr. C. C. of counsel for said petitioners, it is hereby ordered, that the said trustees be authorized to mortgage the real estate in said petition described, for a period not to exceed five years, for a sum not to exceed $5,000 (or to sell and convey said real estate) and to appropriate the proceeds as requested in the said petition. a CHAPTEE yn. BILLS OF EXCHANGE AND PROMISSORY NOTES. The hill of exchange was originally invented among the mer- chants as a security for the more easy remittance of money from one country to another. It is popularly termed a draft, and is written in the form of an open letter, directing the person to whom it is addressed to pay the sum of money specified therein to a third person named in the instrument or to the bearer, on account of the person or writer by whom it is drawn. No particu- lar form of words is necessar}'- to be used in drawing the bill, but it must in effect be an order addressed by one person to a second, desiring him to pay a sum of money to a thisd. It is not drawn on a particular fund, or on the happening or not hap- pening of a particular event, but for the payment of money abso- lutely and at all events, and at a time certain, named in the bill The person who writes, draws or signs the bill is called the drawe,\ and he to whom it is written the drawee^ and the third person or negotiator to whom it is payable is called the payee. (Edwards on Bills and Promissory Notes, p. 41.) Bills of exchange are either foreign or inland; foreign, when drawn by a person in one state or country, upon a person in another state or country; and inland, when both drawer and drawee reside in the same state and country, or when both drawn and payable in the same state or country, though accepted abroad. (Id., 47.) Promissory notes, or notes of hand, are a plain and direct en- gagement in writing, to pay a sum specified at the time therein limited, to a person therein named, or to his order, or to the bearer £^t large. While a promissory note continues in its origi- nal shape of a promise from one man to another, it bears no simi- litude to a bill of exchange. "When it is indorsed, the resemblance begins, for then it is an order by the indorser, upon the maker of the note to pay to the indorsee ; and this is the very definition BILLS OF EXCHANGE, &c. 91 of a bill of exchange. The indorser of the note is the same as the drawer of the bill of exchange; the maker of the note the accej)tor, and the indorsee is the person to whom it is made pay- able. The indorser undertakes to pay only in case the maker of the note does not pay, and the indorsee takes the note upon that condition, and must therefore use diligence in making a demand of payment and in giving notice of non-payment ; just as the person to whom the bill of exchange is made payable must show a demand or due diligence to get the money from the acceptor, before he brings an action against the drawer. In order to make the drawer or indorser of the draft, or the indorser of a note liable to pay the same, it is necessary that the draft be presented to the acceptor, and the note to the maker when it becomes due, and if not paid at maturity, to give notice that such draft or note has been presented, and not paid ; this notice must be given to every party which you wish to make liable to pay the same. In the case of foreign bills it is neces- sary that the bill be protested by a notary for non-payment. For greater security it is customary to protest all bills and notes, inland as well as foreign, for non-payment, and drafts for non- acceptance. Bills of exchange should be presented for acceptance within a reasonable time, and should be presented during the usual hours of business, if at a bank within the usual banking hours. If the drawee desires it, the bill should be left wdth him twenty-four hours, unless in the meantime he accepts, in order that he may have time to look over his account, and see whether he has sufficient funds in his hands or whether it may be safe for him to accept the bill. If the drawee destroy the bill, or refuse to return it for twenty-four hours, he will be deemed to have accepted it. The acceptance must be in writing, signed by the acceptor or his lawful agent, and is usually written across the face of the bill. If the bill is not paid w^hen due, in certain cases damages are allowed by way of recompense to the holder as in the following cases : 1. If such bill shall have been drawn upon any person or per- sons at any place in either of the States of Maine, New Hamp- shire, Vermont, Massachusetts, Bhode Island, Connecticut, New 92 THE CLERK'S ASSISTANT. Jersey, Pennsylvania, Ohio, Delaware, Maryland, Virginia or in the District of Columbia, three dollars upon the hundred, upon the principal sum specified in such bill. 2. If such bill shall have been drawn upon any person or per- sons at any place in either of the States of North Carolina, South Carolina, Georgia, Kentucky or Tennessee, five dollars upon the hundred, upon the principal sum specified in such bills. 8. If any such bill be drawn upon any person or persons at any place, in any other state or territory of the United States, or at any other place in, or adjacent to, this continent and north of the equator, or in any British or other foreign possessions in the West Indies, or elsewhere in the "Western Atlantic Ocean, ten dollars upon the hundred, upon the principal sum specified in such bill. 4. If such bill shall have been drawn upon any person or per- sons at any port or place in Europe, ten dollars upon the hun- dred, upon the principal sum specified in such bill. (3 E. S., 70, 5th edition.) In computing the time when a note or bill becomes due, the days of grace are to be added; and interest is charged and allowed for them just the same as if they formed a part of the note or bill itself. In this country and in Great Britian, three days are allowed as days of grace, to be counted exclusive of the day on which the bill or note falls due, and inclusive of the last day of grace ; unless the last day happens to foil on a Sunday or on a general holiday or day of rest, and in that case the note or bill becomes due on the day preceding. Days of grace are not to be allowed on all notes and bills, but whether days of grace are to be allowed or not depends upon the question whether the instrument is payable on demand, or at a future day. In some of the states provisions are made by statute defining what kind of bills shall be allowed days of grace, and what not. Thus in the State of New York, the statute passed April 17, 1859, provides as follows : § 1. All bills of exchange or drafts, drawn payable at sight, at any place within this State, shall be deemed due and payable on presentation, without any days of grace being allowed thereon. BILLS OF EXCHANGE, &c. • 93 § 2. All checks, bills of exchange or drafts, appearing on their face to have been drawn upon any bank, or upon any banking association or individual banker, carrying on banking business under the act to authorize the business of banking, which are on their face payable on any specified day or in any number of days after the date or sight thereof, shall be deemed due and pay- able on the day mentioned for the payment of the same, without any days of grace being allowed, and it shall not be necessary to protest the same for non-acceptance. As a general rule, notes that are not negotiable are not entitled to days of grace. This class of notes comprehends such as are not drawn in negotiable terms, and such as neither the statute law nor any recognized and established custom has rendered negotiable. New-year's day, the fourth day of July, Christmas day, and any day appointed or recommended by the Governor of this State or the President of the United States, as a day of fast or thanksgiving, shall for all purposes whatsoever as regards the presenting for payment or acceptance, and of the protesting and giving notice of dishonor of bills of exchange, bank checks, and promissory notes, be treated and considered as is the first day of the week, commonly called Sunday, and all bills falling due on such days are to be presented on the day previous. Where a note is assigned or transferred after maturity, the assignee takes it subject to all equities or set-offs, between the maker and the assignor, but if transferred before it is due he takes it without being subject to any set-off. An indorsement in blank is where the indorser writes his name only on the back of the note, and it is a mere agreement to pay, on the usual conditions of demand and notice. If he wishes to transfer the bill without making himself liable he should write before his name the words " without recourse." Where a note is to be on interest the words " with interest," or " with use," should be specified in the note, otherwise the note will not draw interest till maturity. If no rate of interest is specified in the note, and it is made payable with interest, if not made payable at a particular place, it draws the rate of interest established in the State where it is made, but if made in one State to be paid in another, it draws interest at the rate in the State where it is made payable. 94 » THE CLERK'S ASSISTANT. Foreign bills of exchange are usually drawn in several parts, tlie whole of each making up what is called a set. Commonly the drawer delivers to the payee three bills of the same tenor and I date ; and each of these contains a condition that it is to be paid, i provided the others remain unpaid ; and all of them collectively amount to one bill^ and a payment to the holder of either is good, \ and a payment of one of the set is payment of the whole. \ I FORMS. No. i. BILL OF EXCHANGE. . $500. New York, July 3, 1859. Fifteen days after sight, pay to the order of Mr. A. B. five hundred dollars, and charge the same to the account of C. D. To B. P. Troy. N. Y. No. S. PROMISSORY NOTE. $200. Tliirty days after date I promise to pay B. E., or order (^or bearer), two hundred dollars for value received. B. F. Cohoes, September 20, 1859. No. 3. JOINT PROMISSORY NOTE. $500. Sixty days after date we jointly promise to pay C. D., or bearer (or order), five hundred dollars for value received. A. E B. G New York, Sept. 20, 1859. Wo. 4L. JOnO' AND SEVERAL PROMISSORY NOTE. $600. Thirty days after date we jointly and severally promise to pay E. G. (or bearer), six hundred dollars, for value received B. C. 0. H. Albany, Sept. 20, 1859. 96 THE CLERK'S ASSISTANT. No. S5. NOTE PAYABLE ON DEMAND. §300. On demand, for value received, I promise to pay A. B., or order (or bearer), three hundred dollars (with interest). CD. Hudson, Sept. 20th, 1859. is^o. e. NOTE PAYABLE AT BANK. $300. Thirty days aller date for value received, I promise to pay B. K, or order (or bearer), three hundred dollars at the Albany City Bauk. Albany, Sept. 20th, 1859. No. "7. NOTE NOT NEGOTIABLE, $100. Two months after date, I promise to pay A. M., one nundrea aollars for value received. L. B. Newburgh, Sept. 20th, 1859. No. 8. DUE BILL. $50. Due M. A., fifty dollars with interest from this date. Troy, Sept. 20th, 1859. A M. Ifo . O. MEMORANDUM FOR MONEY LENT. $100. Borrowed of B. P., one hundred dollars, payable on demand (with interest). G. C. Cohoes, Sept. 20th, 1859. ISTo. XO. NOTB WITH SURETY. $75. Six months from date, I promise to pay E. G. or order (or bearer), seventy- five dollars for value received. _ ^ C. E., G. A., Surety irtica, Sept. 20th, 1859. BILLS OF EXCHANGE, &c. 97 Tio, 11. NOTE PAYABLE BY INSTALLMENTS. $400. For value received, I promise to pay A. B., or order (or bearer) four hun- dred dollars, in the -following manner : one hundred dollars in tliree months, one hundred dollars in nine months and one hundred dollars in tvpelve months from date, with interest on the several sums as they become due. Albany, Sept. 20th, 1859, B. C. ISO, 13. GUARANTY OF PAYMENT OF NOTE, TO BE INDORSED. For value received, I guaranty the payment of the within note. B. C. i«ro. 13. GUARANTY OF COLLECTION OF NOTE TO BE INDORSED. For value received I guaranty the collection of the within note. C. B. JXo. 14. DRAFT AT SIGHT. $100. At sight pay J. C. or order one hundred dollars and charge the same to my account. Albany, Sept. 6th, 1859. C. R To B. A. No, IS. A SET OF BILLS. No. 354— Ex. £100 Stg. New York, Sept. 20th, 1859. Sixty days after sight of this my first of exchange (second and third un- paid), pay to A. B.'or order, one hundred pounds sterhng, value received, and charge the same to the account of C. D. To Messrs F. E. & Co., • Liverpool No. 354.— Ex. £100 Stg. New York, Sept. 20th 1859. Sixty days after sight of this my second of exchange (first and third un- paid,, pay to A. B. or order, one hundred pounds sterUng, value received, and charge the same to the account of C. D. To Messrs. F. E. & Co., Liverpool. 13 98 THE CLERK'S ASSISTANT. iq-Q. 354.— Ex. £100 Stg. • New York, Sept. 20th, 1859. Sixty days after sight of this my third of exchange (first and second un- paid), pay to A. B. or order, one hundred pounds sterling, value received, and charge the same to the account of To Messrs. F. E. & Co., Liverpool. No. 16. NOTICE OF PROTEST OF NOTE FOR NON-PAYMENT. New York, Sept ,1859. Please take notice that a promissory note for six hundred dollars, dated July 10th, 1859, made by B. C, indorsed by you, having been duly presented by me and payment thereof demanded, which was refused, is therefore pro- tested for non-payment, and that the holders look to you for the payment thereof C. D., To E. P., Esq. Notary Public. JNo. X<7. NOTICE OF PROTEST OF BILL FOR NON-ACCEPTANCE. 5800. Boston, Sept. 22d, 1859. A bill of exchange drawn by B. C. on E. G., for eight hundred dollars at ten days from sight, dated Sept. 17th, 1859, has this day been presented for acceptance, and acceptance of the same refused and has this day been pro- tested for non-acceptance. Yours &c., C. D., B. C. Esq. Notary Public. No. 18. NOTICE OF PROTEST OF BILL OF EXCHANGE FOR NON-PAYMENT. •300. Boston, Sept , 1859. A bill of exchange drawn by B. A. on D. C, for three hundred dollars, dated August 10th, 1859, payable twenty days after sight* in favor of E. H., and accepted by the said C. D., due this day, is protested for non-payment, by direction of the holder, payment having been duly demanded and refused. The holder require? of you payment of the same, with interest, cost and damages. • Jr. t>.. Notary Public. No. lO. CERTIFICATE OF PROTEST OF NOTE FOR NON-PAYMENT. State of New York, City of Albany, ss. Be it known that on the 17th day of September, in the year of our Lord, 1859, at the request of B. G., I, R. M., a Notary PubUc, duly admitted and sworn, dwelling in the city of Al- BILLS OF EXCHANGE, &c. 99 bany, did present the original note made by S. il., for sixty dollars (which is hereunto annexed) at the place of business of said S. M., and demanded the payment thereof, which was refused. I therefore, on the same day and j'ear above written, and after said demand and refusal, duly notified the indorsers, of the non-payment of the same as follows: By putting in the post office in paid city of Albany notices of such demand of payment and non-payment, ©ddressed as follows : One for W. S., directed to him at Boston, Massachu- setts, and one for B. F., directed to him at New York Cit}^, New York, and paid the postage thereon, each of the above named places being the reputed place of residence of the person to whom the notice Avas directed, and the post othce nearest thereto. Whereupon, I, the said Notary, at the request aforesaid, have protested and hereby solemnly protest, against the drawer and indorsers of the said note, and all others concerned, for all exchange, re-exchange, costs, damages and interest incurred, or to be incurred by reason of the non-payment of the said note. In witness whereof, I have hereunto subscribed my name and affixed my seal of office the day and year first above written. K. R. \u s.j Notary Public. TSo. SO. CERTIFICATE OF PROTEST OF BILL FOR NON-ACCEPTANCE. State of New Yoi-h, City and County of New Yorh, ss. Be it known that on the 21st day of September in the year of our Lord, 1859, at the request of C. C, of said city, I, B. A., a Notary Public, duly admitted and sworn, dwelUng in the city of New York, did present the original draft or bill of ex- change hereunto annexed, to D. E., at his place of business the drawee therein named, for acceptance Avho refused to accept the same. "Whereupon, I, the said Notary did protest, and by these presents do publicly and solemnly protest, as well against the drawee (and indorser) of the said bill, as against all others whom it doth or may concern, for exchange, re-exchange, and all costs, damages and interest already incurred, and to be hereafter incurred, for want of acceptance of the same. I, therefore, on the same day and year above written, and after said de- mand and refusal duly notified the maker or drawer and indorser of the non- acceptance of the same as follows: By putting in the post office in this city notices of such demand, refusal and non-acceptance, and paying the postage thereon, addressed as follows: One for M. B., directed to him at Auburn, New York ; one for C. C, directed to him at Buffiilo, New York ; one for L. M., at Hartford, Connecticut, each of the abovenamed places being the reputed places of residence of the i)ersons to whom the notice was directed, and the post office nearest thereto. In witness whereof, I have hereunto subscribed my name and affixed my seal of office. > B. A. [l. s.j Notary Publico CHAPTEE Vin. BILLS OF SALE Al^D CHATTEL MORTGAUii A bill of sale is a written contract, whicli passes an interest or title in goods and chattels. K fraudulent, it is void as against tMrd persons. A promise to give or deliver chattels without consideration, and without a technical delivery, does not alter the title to the property, but a bill of sale properly executed will. A'chattel mortgage is a conditional bill of sale, subject to a defeasance, or prevention of the consummation of a perfect title, on the performance of certain conditions to be performed by the mortgagor. Every sale made by a vendor, of goods and chattels in his possession or under his control, and every assignment of goods and chattel's by way of mortgage or security, or upon any con- dition whatever, unless the same be accompanied by an immedi- ate delivery, and be followed by an actual and continued change of possession of the things sold, mortgaged or assigned, shall be presumed to be fraudulent and void as against the creditors of the vendor, or the creditors of the person making such assign- ment, or subsequent purchasers in good faith ; and shall be con- clusive evidence of fraud, unless it shall be made to appear on the part of the persons claiming under such sale or assignment, that the same was made in good faith and without any intent to defraud such creditors or purchasers. Every mortgage or conveyance, intended to operate as a mort- gage of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery, and followed by au actual and continued change of possession of the things mort gaged, shall be absolutely void against the creditors of the mortgagor, and as against subsequent purchasers and mortgagors in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in the succeeding section. BILLS OF SALE AND CHATTEL MORTGAGES. IQl The jnstrument mentioned in the preceding section shall be filed in the several cities and towns of this State, where the mortgagor therein, if a resident of this State, shall reside at the time of the execution thereof; and if not a resident, then in the city or town where the property so mortgaged shall be at the time of the execution of such instrument. In the city of New York such instrument shall be filed in the office of the reg- ister of said city. In the several cities of .this State other than the city of ISTew York, and in the several towns in this State in which a county clerk's office is kept, in such clerk's office; and in each of the other towns of this State in the office of the town clerk thereof, and such registers and clerks are hereby required to file all such instruments aforesaid presented to them respect- ively for that purpose, and to indorse thereon the time of receiv- ing the same, and shall deposit the same in their respective offices, to be kept there for the inspection of all persons interested. Every mortgage filed in pursuance of this act shall cease to be valid as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof; unless within thirty days next preceding the expiration of the said term of one year a true copy of such mortgage, together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof, shall be again filed in the office of the clerk or register aforesaid, of the town or city where the mortgagor shall then reside. (3 B. S.^ 222, bth ed.) The title to the property mortgaged remains in the mortgagor until he makes default in the conditions of the mortgage ; and his interest therein can be levied on and sold, subject however to the equitable rights of the mortgagee. Whenever default is made in the conditions to be performed by the mortgagor, the title to the property vests in the mortgagee according to the con- ditions of the mortgage. If the mortgage provides that the property be sold to pay the mortgage debt, and the surplus be paid to the mortgagor, his heirs, executors or assigns, then such provisions of the mortgage are to be followed strictly. FORMS N o. X^ BILL OF SALE. Know all men by these presents, that I, E. D., of the city of TJtica, of tbe first part, for and in consideration of the sum of fifty dollars lawful money of the United States, to me in hand paid, at or before the ensealing and deliv;ery of these presents, by C. B., of the second part, the receipt whereof is hereby acknowledcred, have bargained, sold, granted and conveyed, and by these presents do ioargain, sell, grunt and convey, unto the said party of the second part, his executors, administrators and assigns. (Here set out the articles sold.) To have and to hold the same unto the said party of the second part, his executors, administrators and assigns, forever. And I do for myself, my heirs, executors and administrators, covenant and agree, to and with the said party of the second part, to warrant and defend the said described goods hereby sold unto the said party of the second part, his exe- cutors, administrators and assigns, against all and every person and persons, whatsoever. In witness wliereof, I have hereunto set my hand and seal the 27th day of September, 1859. Signed, sealed and delivered ) in the presence of ( E. D. \u s.J ISO. 3. BILL OF SALE OF A REGISTERED VESSEL. To all people to whom this present bill of sale shall come, send Greeting: _ Know ye, that the said , for and in consideration of to in hand well and truly paid, at or before the ensealing and delivery of these presents, by (the ret^eipt Avhereof do hereby acknowledge, and_ therewith fully and entirely satisfied and contented), have granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said all the hull or body of the good , together with all and singular her. . . . , now lying at and at the port of , the certificate of whose registry is as follows, viz. : • r . ■ In pursuance of an act of the Congress of the United States of America, entitled, " An act concerning the registering and recording of ships or vessels," . . . having taken and subscribed the. . .required by the said act; and having that. . .only owners of tlie ship or vessel called the , of , whereof is at present master, and is a citizen of the United States ; and that the said ship or vessel was And having certified that the said ship or vessel has deck,, .and mast; and that her length is ., her breadth , her depth , and that she measures tons ; that she "S , has , and head ; and the said having agreed to the descrlp- BILLS OF SALE AND CHATTEL MORTGAGES. 103 tion and admeasurement above specij&ed, and sufficient security having been given, according to the said act, the said has been duly registered at the port of .... Griven under. . . .hand, .and seal, .at the port of. . . ., this. . . .day of , in the year 18. . . . To have and to hold the said granted and bargained .... and premises, with all the appurtenances, unto the said heirs, executors, administrators, or assigns, to only proper use, benefit, and behoof forever. And. . . .the said ... .do avouch to be the true and lawful owner, .of the said. .-. .and her appurtenances, and have in. .. .full power, good right, and lawful authority, to dispose of the said .... and her appurtenances in manner as aforesaid. And furthermore .... the said . . do . . hereby covenant and agree to warrant and defend the said .... and appurtenances, against the lawful claims and demands of all persons whatsoever, unto. . . .the said In witness whereof, .... the said .... ha . . hereunto set ... . hand . . and seal . , the day of. . . ., in the year of our Lord, 18 ... , Signed, sealed, and delivered ) in presence of us, f JVo. 3. BILL OF SALE OF AN ENROLLED VESSEL. fo all people to whom this present bill of sale shall come, send^ Greeting : Know ye, that. . . .the said. . . ., for and in consideration of to. . . .in hand well and truly paid, at or before the enseahng and delivery of these pre- sents, by (the receipt whereof do hereby acknowledge, and therewith fully and entirely satisfied and contented), have granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said. , , , ail the hull or body of the good. . . ., together with all and singular her , now lying at. . . ., and. . . .at the port of , the certificate of whose enroll- ment is as follows, viz. : No Enrollment in conformity to an act of the Congress of the United States of America, entitled, " An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulat- ing the same." t having taken or subscribed the .... required by the said act, and having. . . .that. . . .citizen of the United States, sole owner of the ship or vessel called the. . . ., of , whereof. . . .is present master ; and as he hath ... .is a citizen of the United States, and that the said ship or vessel was. . . ., and. . . .having certified that the said ship or vessel has deck. ., and. . . . mast. ., and that her length is. . . ., her breadth. . . ., her depth. . , ., and that she measures .... tons ; .... that she is ... , has . . . , and . . . head ; and the said , having agreed to the description and admeasurement above specified, and sufficient security having been given, according to the said act, the said .... has been duly enrolled at the port of Given under hand, .and seal. ., at the port of. . . ., this. . . .day of. . . ., in the year 18 To have and to hold the said granted and bargained. . . .and premises, with the appurtenances, unto the said , heirs, executors, administrators, or assigns, to. . . .only proper use, benefit, and behoof forever. And. . . .the said ... .do avouch. . . .to be the true and lawful owner, .of the said . . . ., and her appurtenances, and have in. . . .full power, good right, and lawful authority to dispose of the said and her appurtenances in manner as aforesaid. And furthermore, .... the said do hereby covenant and agree to warrant X04 THE CLERK'S ASSISTANT. and defend the said and appurtenances, against the lawful claims and demands of all persons whatsoever, unto. . . .the said la witness whereof, the said . . ha . . .hereunto set ... . hand . . and seals the day of , in the year of our Lord 18 Signed, sealed, and deUvered, ) &c. ) No. 4=. CHATTEL MORTGAGE TO SEOtHlE A MONEY DEMAND. To all to whom these presents shall come, ... Greeting : Know ye, that I, A. B., of the city of Albany, party of the first part, for securing the payment of the sum of money hereinafter mentioned, and in consideration of the sum of one dollar to me in hand paid, at or before the ensealing and dehvery of these presents, by C. D., of the same place party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part, all that one horse wagon and harness, one horse sleigh, one buffalo robe, and one cart, and all other goods and chattels whatsoever, mentioned and expressed in the schedule hereunto annexed, now remaining and being in the possession of the said A. B. To have and to hold all and singular the goods and chattels above bargained and sold, or intended so to be, unto' the said party of the second part, his executors, administrators, and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, all and singular the said goods and chattels above bargained and sold unto the said party of the second part, his executors, administrators, and assigns, against the said party of the first part, and against all and every pei'son and persona whomsoever, shall and will warrant, and by these presents forever defend. * Upon condition, that if the said party of the first part shall and do well and truly pay, or cause to be paid unto the said party of .the second part, his exe- cutors, administrators, or assigns, the sum of $100 and interest thereon, on the 1st day of January next, then these presents and everything herein con- tained, shall cease and be void, t And the said party of the first part, for himself, his executors, administrators, and assigns, does covenant and agree to and with the said party of the second part, his executors, administrators, and assigns, to make punctual payment of the money hereby secured; and in case default shall be made in payment of the said sum above mentioned, it shall and may be lawful for, and the said party of the first part does hereby authorize and empower the said party of the second part, his executors, administrators, and assigns, with the aid and assistance of any person or per- sons, to enter and come into and upon the dwelling house and premises of the said party of the first part, and in such other place or places as the said goods and chattels are or may be held or placed, and take and carry away the said goods and chattels, to sell and dispose of the same for the best price they can obtain, and out of the money to retain and pay the said sum above mentioned, with the interest and all expenses thereon, rendering the overplus (if any) unto the said party of the first part, his executors, administrators, and assigns. And until default be made in the payment of the aforesaid sum of money, the said party of the first part to remain and continue in quiet and peaceable pos- session of the said goods and chattels, and the full and free enjoyment of the same unless the said party of the second part, his executors, administrators^ or assigns shall sooner choose to demand the same ; and until such demand be made, the possession of the said party of the first part, shall be deemed the possession of an agent or servant, for the sole benefit and advantage of hia principal, the said party of the second part. BILLS OF SALE AND CHATTEL MORTGAGES. 105 In -witness whereof, the said party of the first party has hereunto set his hand and seal this 27th day of September, 1859. Sealed and delivered in )• the presence of ) A. B. fL. S.J (Schedule referred to in the preceding mortgage.) Here set out a list of the articles. ]Sr. B. When the list of goods are not all embraced in the body of mortgage, they may be embraced in the schedule, which should be signed by the mortgagor. ISO. 5. CHATTEL MORTGAGE TO SECURE A NOTE. (As in the last form to the * and in place of the sentence fi-om the * to } insert the following : ) Upon condition, that if the said party of the first part shall well and truly pay at maturity, the full amoiyit, principal and interest, of a certain promis- sory note executed by the said party of the first part for $80 dated Sept. 27. 1859, payable to the order of the said 0. D., three months after date, then these presents and everything herein contained, shall cease and be void. ISO. 6. CHATTEL MORTGAGE TO SECURE INDORSER. (As in the No. 4 to the * and in place of the sentence from the * to the t insert the following :) Upon condition, that if the party of the first part shall well and truly pay at maturity the full amount, principal and interest of a certain promissory note and save the party of the second part harmless therefrom, dated Sept. 25, 1859, for the sum of $100, payable two months from date, executed by the said A. B., and indorsed by the said C. D., for the benefit and advantage of the said A. B., then these presents and everything herein contained, shall cease and be void. ISo. v. CHATTEL MORTGAGE TO SECURE A SURETY ON A LEASE. (As in the No. 4, to the * and in place of the sentence from the * to the 1 insert the following :) Upon condition, that if the party of the first part shall well and truly pay unto one L. M., his representatives or assigns, the several sums of money which may become due on a certain lease given by the said A. B., to the said L. M., and for the purposes of securing the payment to the said L. M., of the said several sums in the lease mentioned, the said C. D. became bound unto tho said L. M., by an instrument in writing, dated April 1, 1859, the payment of which said sums, when the same respectively become due, and the holding the said 0. D. harmless from any liability as surety as aforesaid, will render these premises and everything herein contained void. 14 1.06 THE CLERK'S ASSISTANT. No. 8. STATEMENT TO BE FILED WITH A COPT OF THE MORTGAGE, WITHIN THIRTT DATS NEXT PRECEDING THE EXPIRATION OF ONE TEA-R FROM THE TIME OF FILING THE ORIGINAL MORTGAGE. County of Albany, town of Bethlehem. I, C. -D., the mortgagee named in the original mortgage of which the within (or foregoing) is a copy, hereby certify that the sum of $100 and interest thereon from the 26th day of Sep- tember, 1858, is still due on said mortgage ; which sum constitutes the amount of my interest in the property therein mentioned and described. 0. D., Mortgagee. September 24th, 1859. NOTICE OF SALE ON FORECLOSURE OF CHATTEL MORTGAGE. Take notice that by virtue of a chattel mortgage, executed by A. B. to 0. D., dated March 3, 1859, and filed in the office of the town clerk of Bethlehem {or in the office of the clerk of the county of Albany), on said 3d of March, and upon which default in payment has beenmade, I shall sell the property therein mentioned, and described as follows : (set forth the articles) at public auction, to the highest bidder, at the town house in said town, on the 28th day of September, 1859, at 12 o'clock, noon of that day, C. D., Mortgagee. Dated Sept 16, 1859. CHAPTER IX. BONDS. An obligation or bond is a deed whereby the obligor obligates himself, his heirs, executors and administrators, to pay a certain sum of money to another at a day appointed. If this be all, the bond is called a single bond. But there is generally a condition added, and if the obligor does some particular act the obligation shall be void, or else shall remain in full force. The word bond imports a sealed instrument. The parties to a bond are the obligor and the obligee. No particular set of words are essential to create an obligation, bat any words which declare the intention of the parties, and denote that one is bound to the other will be sufficient. The condition is either for the payment of money, or for the performance of something else. In the latter case, if the con- dition be against some rule of law merely, positively impossible at the timeof making it, uncertain or insensible, the condition alone is void, and the bond shall stand single and unconditional, for it is the folly of the obligor to enter into such an obligation from which he can never be released. If it be to do a thing wrong in itself, the obligation itself is void, the whole contract being unlawful. When, by the condition of an obligation, the act to be done to the obligee, is of its own nature transitory, as payment of money, delivery of goods, or the like, and no time is limited, it ought to be performed in a convenient time. If the condition be to do a thing within a certain time, it may be performed the last day of the time appointed. A payment before the day is good. If the condition be to do a thing within a certain time, it may be performed the last day of the time appointed. If the condition be to do an act, without limiting any time, he who haa the benefit may do it at what time he pleases. When the place 108 THE CLERK'S ASSISTANT. where tlie act to be performed is agreed upon, the party who i3 to perform it is not obliged to seek the opposite party elsewhere ; nor is he to whom it is to be performed bound to accept of the performance in another place. Single bonds, usually, take the form of notes, and their differ ence from a note is, that they are not barred by the statute of limitations. They are sometimes called penal bills. A hottomrij bond is in the nature of a mortgage of a ship, when the owner takes up money to enable him to carry on his voyage, and pledges the keel, or bottom of the ship (in the name of the whole), as a security for the re-payment. In which it is understood, that if the ship be lost, the lender loses also his whole money ; but, if it returns in safety, then he shall receive back his principal, and also the premium, or interest agreed up- on, however, it may exceed the legal rate or interest. A respondentia is a contract of a similar kind, by which the goods, and not the vessel, are pledged. It binds the person of the borrower, and is valid even though ship and merchandise be last. FORMS. JN"o. 1 . PENAL BILL. Know all men by these presents, that I, A. B., do acknowledge myself to owe and be indebted unto C. D., in the sum of §100, lawful money of the United States, to be paid to the said C. D., his executors, administrators, or assigns, upon the 15th day of December next ensuing the date hereof; to which payment, well and truly to be made, I bind myself, my heiis, execu- tors, and administrators, firmly by these presents. Irr witness whereof I have hereunto set my hand and seal the 10th day of September, 1859. A. B. [l. S.J 3Vo. a . PENAL BILL ANOTHER FORM. This bill binds me, A. B., of , in the sum of $400, to be paid unto C. D., his executors, administrators, or assigns, on or before the day of which will be in the year , together witli lawful interest for the same ; for the true payment whereof I do bind myself, my heirs, executors, and administrators, unto the said C. D., his executors, administrators, and assigns, in the penal sum of §800. In witness whereof I have hereunto set my hand and seal this 11th day of March, 1859. A. B. [l. S.J nVo. 3. COMMON BOND. Know all men by these presents, that I, A. B., of the city of Albany am held and firmly bound unto C. D., of the said city, in the sum of $1,000 [this amount is called the penal sum^ and is commonly double the amount of the real debt, in order to cover interest, costs, and other .contingencies], good and lawful money of the United States, to be paid to the said C. D., his executors, administratoi-s, and assigns; to which payment well and truly to be made, I do bind myself, my heirs, executors and administrators, and every of them, firmly by these presents. Sealed with my seal, dated the 1st day of March, A. D., 1859. The condition of -this obligation is such, that if the above-bound A. B., his heirs, executors, and administrators, or any of them, shall and do well and truly pay, or cause to be paid, unto the above-named C. D., his executors, administrators, and assigns, the just and full sum of §500, lawful money afore- said, with legal interest for tlie same, on or before the 1st day of January, in ilO THE CLERK'S ASSISTANT. the year of our Lord 1863, without fraud or further delay ; then this obliga- tion to be void and of no effect, or else to remain and be in full force and virtue. In witness whereof I have hereunto affixed my hand and seal the day and year first above written. A. B. Tl. s.] No. 4. BOND WITH CONDITIONS AS TO INSURANCE AND INTEREST GIVEN WITH A MORTGAGE. Know all men by these presents, that I, A. B., of Albany, am held and firmly bound unto C. D., of the same place in the sum of $2,000, lawful money of the United States of America, to be paid to the said C. D., or to his certain attorney, executors, administrators or assigns, for the 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 1st day of October, in the year of our Lord 1859.* The condition of this obligation is such, that if the above bounden A. B., his heirs, executors and administrators, or any of them, shall and do well and truly pay, or cause to be paid unto the above mentioned C. D. or to his certain attorney, executors, administrators or assigns, the just and full sum of §1,000, and interest as follows: $500 in one year from the date hereof, and $500 in two years from the date hereof with interest at seven per cent per annum, interest payable semi-annually, and shall keep the buildings erected, or to be erected, on the premises described in a certain mortgage executed by the said A. B., and bearing even date herewith, and being collateral hereto, insured in some solvent incorporated insurance company of the State of New "i\)rk, against loss or damage by fire, to an amount not less than $800 ; and shall assign the pohcy to be taken for such insurance to the obligee herein, or his assigns, as collateral security hereto, without nuy fi-aud or othet delay, then this^'obligation to be void, or else to remain in full force and virtue. And it is hereby further provided, that in case the insurance above men- tioned shall not be effected or cont.nued in the manner above provided, that then the said obligee, his executors, administrators or assigns, may effect or continue such insurance in the name of the said obligor or otherwise, and the premiums paid therefor shall be charged as part of the principal sum hereby secured to be paid. And it is hereby fiirther provided, that in case any installment of pnncipal, or any part thereof, or any interest moneys, or any part thereof, hereby se- cured to be paid, shall remain due and unpaid for the space of sixty days after the same shall, by the terms hereof, become due and payable, that then and in that case the whole principal sum hereby secured to be paid, together with the interest thereon, shall (at the option of the said obligee his executors, administrators or assigns) become due and payable forthwith, any thing herein contained to the contrary notwithstanding. A. B. [l. S.J Sealed and delivered in ) the presence of Wo. S . BOND FOR PAYMENT OF MONEY AT DIFFERENT .TIMES. (As in the last form to the * and then as follows :) The condition of this obligation is such, that if the above bound A. B., hia heirs, executors, and administrators, or any of them, shall well and truly pay or BONDS. Ill cause to be paid unto the above named C. D., Ms executors, administrators or assigns, the just and full sum of §1,000, lawful money as aforesaid, in manner following, to wit : §300 part thereof, on the 1st day of June next ensuing the date hereof; $300 more thereof on the 1st day of December, the next follow- ing; and §-400, the residue, and in full payment thereof, on the 1st day of June which will be in the year of our Lord 1861; then this obligation to be void: b t if def;i 't shall i ^ made in i' yment of any r either of t! ' said sums or. the days and timcj hereinbefon- mentioned am appointed for pay- ment thereof respectively, then this bond shall remain in full force and virtue. A. B. [l. a] IS^o. 6. BOND TO EXECUTE A CONVEYANCE. (As in No. 4 to the * and then as follows :) The condition of this obligation is such, that if the said A. B., on or before the LOth day of September next ensuing the date hereof' or, in case of his death before that time, if the heirs of the said A. B., within three months nex.t after his decease, if such heirs shall be then of full age, or, if within age, then within three months after such heirs shall be of full age, shall and do, upon the reasonable request, and at the charges of the said C. D., his heirs or assigns, make, execute and acknowledge, or cause so to be, all and every such deed or deeds, conveyance or conveyances whatsoever, wliich shall be need- ful for conveying and confirming unto the said C. D., his heirs and assigns, a good, absolute and indefeasible estate of inheritance in fee simple, clear of all incumbrances, of and in a certain messuage, &:c., with the appurtenances; and if, in the meantime, and while and until the same deed or deeds shall be exe- cuted, the said A. B., his heirs and assigns, shall and do permit and suffer the said C. D., his heirs and assigns, peaceably and quietly to have, hold and enjoy the same messuage and tract of land ; then the above obligation to be void, or else it shall be and remain in fuU force and virtue. A. B. [l, s.] No. <7. BOND TO REFUND A LEGACY IN CERTAIN EVENTS. (As in iVb. 4: to the* and then as follows:) Whereas C. B. (the father of the said A. B.), by his last will and testament bearing date, &c., did give and bequeath unto the said A. B. a certain legacy of $2,000 (or, one equal fourth part of his estate, as the case may be), as by the said will, since the decease of the said C. B., duly proved and remaining in the Surrogate's office of the county of Oneida, appears ; now, the condition of this obligation is such, that if any part, or the whole, of the said legacy shall, at any time after the payment thereof to the said A. B., appear to be wanting to discharge any debt or debts, legacy or legacies, which the said execu- tors shall not have other assets to pay ; then, and in such case, if the said A. B., his heirs, executors, or administrators, shall aq^l do return the said legacy, or Buch part thereof as shall appear to be necessary for the payment of the said debts, or the payment of a proportionable part of the said legacies, then the above obligation to be void and of no eflect, or else to remain in full force and V irtue. A. B. [l. s.] 112 THE CLERK'S ASSISTANT. ISo. 8. BOND OF INDEMNITY TO A SURETY IN A BOND. {As in No. 4 to the * and then as follows:) The condition of this obligation is such, that whereas the above named C. D., at the special instance and request of the above bound A. B., and for his debt, together with and as well as he the said A. B., are held and firmly bound unto one Gr. H., in and by an obligation bearing even date herewith, in the penal sum of $3,000 conditioned for the true payment of $1,500, according to the terras and conditions therein expressed ; if therefore the said A. B., his heirs, executors, or administrators, shall well and truly pay or cause to be paid unto the above named Gr. H., his executors, administrators or assigns, the sum or sums in the said bond mentioned, and at the time when they respectively become due, in the discharge of the obligation ; and shall from time to time, and at all times hereafter save, defend and keep harmless, and indemnify the said C. D., his heirs, executors, and administrators, and his and their goods and chattels, lands and tenements, of and from the said obhgation, and of and from all actions, costs and damages, for or by reason thereof,' then this obli- gation to be void, or else to remain in full force and virtue. A. B. [L. s.] Wo. ». BOND OF INDEMNITY ON PAYING LOST NOTE. Know all men by these presents, that we C. D., and M. N., are held and firmly bound unto E. F., and Gr. F., in the sura of $1,000 lawful money of the United States of America, to be paid to the said E. F., and Gr. F., their executors, administrators or assigns ; for which payment well and truly to be made, we bind ourselves, our and each of our heirs, executors and administra- tors, jointly and severally, firmly by these presents. Sealed with our seals. Dated this 3d day of October, 1859. Whereas the above naraed E. F., bj^ his proraissory note signed by hira for the said G. F., his father, and himself, dated the thirteenth day of March, 1858, did promise to pay unto Y. Z., or order, $400, sixty days after date, for value received ; and such said note was afterwards indorsed by the said Y. Z. and others, and became the property of A. B., of Rome, as the* said A. B. avers : and whereas the said A. B. alleges he sent the said note by the mail, on the 5th day of April last, to the above bound C. D., to be received by him for his the said A. B.'s use ; which mail being robbed, and the said note not having been offered for payment, it is apprehended the said note was stolen out of the said mail or otherwise lost : and whereas the said E. F. and G. F. have, on the day of the date hereof, at the request as well of the «aid A. B. as of the said C. D., and upon his the said C. D. promising to indemnifj^ the said E. F. and G. F., and deliver up to them the said note to be canceled, when found, paid the said C. D. the sum of $400, in full satisfaction and dis- charge of the said note (the receipt whereof the said 0. D. does hereby acknowledge) ; the condition, therefore, of the above written obligation is such, that if the said C. D., his heirs, executors, or administrators, or any of them, do and shall, from time to time, and at all times hereafter, save, defend, keep harmless and indemnified, tlie said E. F. and G. F., their executors and administrators, of, from, and against the said note of $400, and of and from all costs, damages, and expenses, that shall or maj'^ happen to arise therefrom, and also deliver or cause to be delivered up the said note, when, and so soon as the same shall be found to be canceled ; then this obhgation to be void, otherwise to be of full force and virtue. C. D. [L. s.] M. N. [l. S.1 BONDS. 113 No. lO. BOND OF INDEMNITY TO SHERIFF. Know all men by these presents, that we, A. B. and C. D., are held and firmly bound unto S. R., sheriff of the county of Onondaga, in the sura of $1,000, lawful money of the United States, to be paid to the said S. R., or to his certain attorney, executors, administrators or assigns; for which payment well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these pre- sents. Sealed with our seals. Dated the 4th day of October, 1859. * Whereas the above bounden A. B. did obtain judgment in the Supreme Court of the State of New York, against R. P. for $700 damages and costs, whereupon execution has been issued, directed and delivered to the said S. R., sheriff of Onondaga county commanding him, that of the goods and chattels of the said R. P., he should cause to be made the damages and costs, aforesaid. And whei'eas certain goods and chattels that appear to belong to the said R. P. are claimed by N. 0. Now, therefore, the condition of this obligation ^ such, that if the above bounden A. B. shall well and truly save, keep andf^ar harmless, and indem- nify the said S. R., and all and every person and persons aiding and assisting him in the premises, of and from all harm, let, trouble, damage, costs, suits, actions, judgments and executions, that shall or may at any time arise, come, or be brought against him, them, or any of them, as well for the levying and making sale under and by virtue of such execution, of all or any goods and chat- tels which he or they shall or may judge to belong to the said N. 0., as well as in entering any shop, store, building, or other premises, for the taking of any such goods and chattels, then this obligation to be void, else to remain in All' force and virtue. A. B. [l. a] 0. D. [l. s] Sealed and delivered ) in presence of ) JVo. XI. ♦ BOND FOR PERFORMANCE OF A CONTRACT OR AGREEMENT. {As in No. 10 to the * then as follows:) The condition of this obligation is such, that if the above bounden A. B., hi' executors, administrators or assigns, shall in all things stand to and abide by, and well and truly keep and perform, the covenants, conditions and agreements mentioned and contained in an instrument of agreement this day entered into by and between him and the said S. R., on his, the said A. B.'s part, to be kept and performed at the time and in the manner and form therein specified, then the above obligation shall be void ; else to remain in full force and virtue. A. B. [l. S.J C. D. [l. 8.J 3Vo. 13. A BOTTOMRY BOND. Know all men by these presents, that I, A. B., commander and two-thirds owner of the ship Sarah, for myself and C. D., remainintf third owner of the said ship, am held and firmly bound unto E. F. in the penal sum of $2,000; for the payment of which, well and truly to be made unto the said E. F., his heirs, executors, administrators, or assigns, I hereby bind myself, my heirs, executors, and administrators, firmly by these presents. In witness whereof, I have hereunto set my hand and seal this 14th day of December, in the year of our Lord 1858. 15 . • 114 THE CLERK'S ASSISTANT. Whereas the above bound A. B. bath taken up and received of the said E. F. the full and just sum of §1,000, which sum is to run at respondentia on the block and freight of the ship Sarah, whereof the said A. B. is now master, from the port or road of Calcutta, on a voyage to the port of Boston, having Permission to touch', stay at, and proceed to all ports and places within the mits of the voyage, at the rate or premium of twenty-five per cent (25 per cent ) for the voyage. In consideration Avhereof, usual risks of the seas, rivers, enemies, fires, pirates, &c., are to be on account of the said E. F. And for the further security of the said E. F., the said A. B. doth by these presents mortgage and assign over to the said E. F., his heirs, executors, administrators and assigns, the said ship Sarah, and her freight, together with all her tackle, apparel, &c. And it is hereby declared that the said ship Sarah and her fi-eight is thus assigned over, for the security of the respondentia taken up by the said A. B., and shall be delivered to no other use or purpose whatever, until payment of this bond is first made, with the premium that may become due thereon. Now, the condition of this obligation is such, that, if the above bound A. B., his heirs, executors, or administrators, shall and do well and truly pay, or cause to be paid, unto the said E. F., or to his attorneys in Boston legally authorized to receive the same, their executors, administrators or assigns, the full and just sum of $1,000, being the principal of this bond, together with the premium which shall become due thereupon, at or before the expiration of 90 days after the safe arrival of the said ship Sarah at her moorings in the harbor of Boston, or, in case of the loss of the said ship Sarah, such an average as by custom shall have become due on the salvage ; then this obligation to be void and of no effect ; otherwise to remain in full force and virtue. Having signed to three bonds of the same tenor and date, the one of which being accom- pHshed, the other two to be void and of no effect. A. B. [ L. s. ] C. D. by A. B. [ l. s. J W o. 13. ^ A RESPONDENTIA BOND. Know all men by these presents, that we, J. F., commander of the ship Mary, and P. D., are held and firmly bound toH. B. of New London, merchant in the sum or penalty of §1,500 of good and lawful money, to be paid to the said H. B., or to his certain attorney, executors, administrators, or assigns; to which pay- ment, well and truly to be made, we bind ourselves, jointly and separately, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, dated this 4th day of May, and in the year of our Lord 1859. Whereas the above-named H. B. has, on the day of the date above written advanced and lent unto the said J. F. and P. D. the sum of $750, upon the goods, and merchandises, and effects, laden and to be laden on board the good ship or vessel called the Mary, of the burthen of 987 *ons, or thereabouts, now riding at anchor in the river of Thames, outward bound to Japan, and whereoi J. F. is commander, by his acceptance of a bill of exchange to that amount, at four months date, for the account of them the said J. F. and P. D. ; now the condition of this obhgation is such, that, if the said ship or vessel do and shall, with all convenient speed, proceed and sail from and out of the said river of Thames on a voyage to any port or place, ports or places, in the East Indies, China, Hindostan or elsewhere beyond the Cape of Good Hope, and fi om thence do and shall sail, return, and come back into the said river of Thames at or before the end and expiration of 36 calendar months, to be ac- counted from the day of the date above written, and there to end her said intended voyage (the dangers andcasualties of the seas excepted); and if the said J. F. and P. D., or either of them, their or either of their heirs, executors or adiniuistrators, do and shall, within 30 days next after the said ship or ves- BONDS. 115 fxi «ball be arrived at her moorings in the said river of Thames from her said intended voyage, or at or upon the end and expiration of the said 36 cal-^ndar months, to be accounted as aforesaid (which of the said times shall fii'st and next happen), well and truly pay, or cause to be paid, unto the said H. B., his executors, administrators, or assigns, the full sum of $1,020, together with $15 per calendar month, for each and every calendar month, and so propor- tionably for a greater or lesser time than a calendar month, for all such tim^ and so many calendar months as shall be elapsed and run out of the said 36 calendar months, over and above 20 calendar months, to be accounted from die day of the date above written ; or if in the said voyage, and within the said 36 calendar months, to be accounted as aforesaid, an utter loss of the said ship or vessel, by fire, enemies, men-of-war, or any other casualties, shall un- avoidably happen ; and the said J. F. and P. D., their heirs, executors, or administrators, do and shall, within 6 calendar months next after such loss, well and truly account for (upon oath, if required) and pay unto the said H. B., his executors, administrators, or assigns, a just and proportionable average on all the goods and effects of the said J. F., carried from Connecticut on board the said ship or vessel, and the net proceeds thereof, and on all other goods and effects which the said J. F. shall acquire during the said voyage, for or by reason of such goods, merchandises, and effects, and which shall not be unavoidably lost: then the above written obligation to be void and of none effect: else to stand in full force and virtue. J. F. [l. s.] P. D. [l. s.] f Nt*. 14. BOND OF A TREASURER OF A COMPANY, SOCIETY OR ASSOCIATION. Know all men by these presents, that we A. B., C. D. and E. F., of the town of Schodack, county of Columbia, are held and firmly bound unto the company (oi- society or association), in the sum of $3,000 lawful money of the United States of America, to be paid to said company {or society or association), or to their certain attorney, successor or assigns, for the which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators firmly by these presents. Sealed with our seals.' Dated the first day of October, in the year of our Lord, 1859. "Whereas the above bound A. B. has been chosen treasurer of the. . . .com- pany (or association or society) by reason whereof he will receive into his hands divers sums of money, goods, and chattels, and other things, the property of the said company ; now, the condition of this obligation ia such that, if the said A. B., his executors or administrators, shall well and truly from the funds in his hands belonging to said company, pay all bills which the said company (or the board of directors thereof) shall direct to be paid from such funds, when duly presented to him with the proper vouchers therefor, and at the expiration of his said office, upon due request to him or them to be made, shall make and give unto such auditor and auditors as shall be appointed by the said company, a just and true account of all such sum or sums of money, goods, and chattels, and other things, as have come into his hands, charge, or possession, as treasurer aforesaid ; and shall and do pay and deUver over to his successor in office, or any other person duly authorized to receive the same, all such balances or sums of money, goods, and chattels, and other things, which shall appear to be in his hands and due by hirn to the said company (or society or association) ; tlien this obligation to be void, or else to be and remain in full force and virtue. A. B. [h. a] C. D. [l. s.] E. F [l. s-l I CHAPTER X. CLERKS- AND CRIERS. The clerks of the several counties of this State are elected at the same times as the State officers are elected. Thej are elected for the period of three years, and enter upon the duties of their office, on the first day of January succeeding their election. They are the clerks of the several courts held in their respective coun- ties, except in the city and county of New York. They are required to keep their offices open for the transaction of business every day in the year except Sundays and the fourth of July ; in the city and county of JsTew York, from nine o'clock in the forenoon, to four o'clock in the afternoon, and in the other coun- ties of the State from nine to twelve o'clock in the forenoon, and from two to five o'clock in the afternoon. The clerks of the several counties (except of New York, Kings and Westchester) are registers for their several counties. The county clerks as clerks of courts of record may administer oaths, and take affidavits, in any matter or proceeding, except where the statute requires the same to be administered, or taken before some particular officers. Each county clerk must appoint in writing a deputy clerk, who after taking the constitutional oath of office, acts instead of the county clerk in most of his duties, whenever the clerk is absent from his office. The criers of the courts of record for the several counties are appointed by the county judges of the respective counties (3 R. S. 306 ; 5th Ed.) FORMS No. 1. PROCLAMATION ON OPENING COURT, Hear ye ! hear ye ! hear ye : All manner of persons that have any busi- ness to do at this county court (and court of sessions), {or circuit court and court of oyer and terminer), held in and for the county of Orleans, let them draw near and give their attendance and they shall be heard. No. 3. FOR SHERIFF TO RETURN PROCESis, Sheriff of the county of Orleans I return the writs and precepts to you directed and delivered, and returnable here this day, that the court may pro- ceed thereon. ISTo. 3. TO RETURN RECOGNIZANCES, &C. All justices ot the peace, coroners, sheriffs, and other officers, who have taken any recognizances, examinations, or other matters, return the same to the court here that they may proceed thereon. No. 4. BEFORE CALLING GRAND JURT. Tou gQod men who are here returned to inquire for the people of the State of New York, for the body of the county of Orange, answer to your names every man at the first call, and save your fines. (Then call them singly in order.) No. 5. FOR SILENCE ON CHARGING GRAND JURT. All persons are strictly charged and commanded, to keep silence while tho court is giving the charge to the grand jury, on pain of imprisonment. 118 You. THE CLERK'S ASSISTANT. ^■o. 6. OATH OF THE FOREMAN OF GRAND JtTRT. as foreman of this grand inquest, shall diligently inquire and true pre- sentment make of all such matters and things as shall be given you in charge ; the counsel of the people, of your fellows, and your own, you shall keep secret : vou shall nresent no one from envv. hatred, or malice, nor leave any tne counsel oi ine peopie, oi your leiiows, anu your own, you snaii iveep secret ; you shall present no one from envy, hatred, or malice, nor leave any one unpresented for fear, favor, affection, reward or hope of reward ; but you shall present all things truly as they come to your knowledge, according to the best of your understanding. So help you God. No. r. OATH OF THE GRAND JURY. The same oath your foreman hath taken on his part, you and each of you shall truly observe and keep on your part. So help you God. No. 8. PROCLAMATION FOR IMPOSING FINES. Hear ye I hear ye ! hear ye ! The court have imposed a fine of $25 upon each of the following persons for their non-attendance as grand jurors (petit jurors or constables) at this court, to wit, of A. B., of, &c. No. 9. FOR PERSONS TO APPEAR ON RECOGNIZANCES. Hear ye 1 hear ye ! hear ye ! All manner of persons who are bound by recognizance to prosecute, or prefer any bill of indictment against any prisoner or other person, let them come forth and prosecute, or tJiey will forfeit their N"o. lO. FOR PERSONS BOUND TO ANSWER. Hear ye ! bear ye I hear 3'^e I A. B. come forth and answer to your name, and save yourself and your bail, or you will forfeit your recognizance. No. 11. FOR BAIL TO PRODUCE PRINCIPAL. Hear ye! hear ye ! hear yel C. D. and E. F., bring forth A. B. your prin- cipal, whom you have undertaken to have here this day, or you will forfeit your recognizances. CLERKS AND CRIERS. 119 No. 13. FOR DISCHARGE OF PERSONS AGAINST WHOM NO BILLS ARE FOUND. Hear ye I hear ye ! hear ye ! If any man can show cause why A, B. should stand longer bound {or imprisoned) let him come forth and he shall ba beard ; for he stands upon his discharge. No 13. OF DISCHARGE. Hear ye ! hear ye ! hear ye 1 No cause being shown why A. B. should any longer remain in custody of the sheriff of the county of Oswego, he ia discharged. ]sro. 14. BEFORE CALLING PETIT JURY. Hear ye ! hear ye ! hear ye ! Tou good men who are here returned to try the several issues to be tried at this County Court and Court of Sessions {or at this Circuit Court, and Court of Oyer and Terminer,) held in and for the county, of Onondaga, answer your names at the first call and save your fines. No. 15. OATH OF PETIT JURORS IN CIVIL CAUSES. Tou and each of you, shall well and truly try the several issues which yoU' shall have in charge at this Circuit Court, and true verdict give in them respec- tively, according to evidence. So help you God. N-o. 16. PROCLAMATION FOR JURY IN A CIVIL CAUSE. Hear ye I hear ye I hear ye ! You good men who are here empanneled and returned to try this issue joined, between A. B., plaintiff, and 0. D., defendant, answer to your names as you are called, and save your fines. ^o. 17. FOR DEFENDANT ON AN INQUEST. C. D. come forth and make your challenges, or your will lose you challengea, and an inquest will be taken against you by default. No. 18. FOR PLAINTIFF TO APPEAR AND PROSECUTE. A. B., appear and prosecute your action or your default will be entered. 120 THE CLERK'S ASSISTANT. ISTo. 19. FOR A WITNESS TO ANSWER A SUBP(ENA. M M., come forward and testify in this issue joined between A. B., plain^ tiff and C. D., defendant, according to the command of a subpoena herein served on you, or your default will be entered. No. SO. FOR ADJOURNMENT OF THE COURT. Hear ye I hear ye I hear ye . All manner of persons who have any farther business to do at this Circuit Court and Court of Oyer and Terminer (ot* County Court and Court of Sessions), may depart hence, and appear here again to-morrow morning at 9 o'clock, to which time this {or these) courts are adjourned. No. 31. FOR OPENING COURT AFTER ADJOURNMENT. Hear ye ! hear ye I hear ye 1 .AH manner of persons who have been ad- journed over to this hour, and have any further business to do at this Circuit Court and Court of Oyer and Terminer (or County Court or Court of Sessions) may draw near and give their attendance, and they shall be heard. N"o. 3S. OATH OF TRIERS IN A CIVIL ACTION UPON A CHALLENGE FOR FAVOR. You shall well and truly try, and truly find, whether A. B., the juror chal- lenged, stands indifferent between E. F., plaintiff, and C. D., defendant, in the issue about to be tried. So help you God. No. 23. OATH OF WITNESS ON A CHALLENGE OF JUROR. You shall true answers make, to such questions as shall be put to you touching the challenge of A. B., a juror. So help you God. « OATH OF A WITNESS IN A CIVIL ACTION. The evidence you shall give in this issue, joined between A. B., plaintiff, and C. D., defendant, shall be the truth, the whole truth, and nothing but the truth. So help you God. CLERKS AND CRIERS. 121 No. S5. OATH OF INTERPRETER. Tou shall interpiet between the court, the jury, the counsel and the wit- ness, in this issue joined, between A. B., plaiutiftj and C. D., defendant. So help you God. OATH OF INTERPRETER TO A DEAF AND DUMB WITNESS. You shall well and truly interpret to E. F., a witness here produced in iDe- half of A. B., in this issue joined, between A. B., plaintiff, and C. D., defend- ant, the questions and demands made by the court to the said E. F., and his answers made to them. So help you God. N"o. sr, OATH OF WITNESS ON VOIRE DIRE. You shall true answers make to such questions as shall be put to you, touching your interest in the event of this action. So help you God. No. S8. OATH OF PARTY OR WITNESS, TO ADMIT EVIDENCE OF THE CONTENTS OF A PAPER NOT PRODUCED. You shall true answers make to such questions as shall be put to you, touching the power or control you have over any paper (or the loss or destruc- tion of any paper) which would be proper evidence in this action. So help you God. No. S9. OATH OF A PARTY OR INTERESTED WITNESS PRELIMINARY TO PROVING THE HANDWRITING OF A SUBSCRIBING WITNESS. You shall true answers make to such questions as shall be put to you touch- ing your (or the plaintiff's or defendant's) ability to procure the attendance of A. B., a subscribing witness to this paper (or the paper in question). So help you God. No. 30. OATH OF CONSTABLE ON RETIRING WITH A JURY OR JURORS ON LEAVE. You shall retire with such jurors as have leave of absence from this court ; you shall not speak to them yourself in relation to this trial, nor suffer any person to speak to them ; and you shall return them without delay. So help you God. No. 31. OATH OF CONSTABLE TO KEEP JURY ON ADJOURNMENT. You shall retire with the jury to some convenient room, to be furnished by the sheriff; you shall not suffer any person to speak to them, nor speak to 16 122 THE CLERK'S ASSISTANT. them yourself in relation to this trial, and return jvith tuem at the order of the court. So held you God. N"o. 3S. OATH OF CONSTABLE WHO ATTENDS THE JURY WHEN THEY RETIRE TO CONSIDER OF THE VERDICT IN CIVIL AND CRIMINAL ACTIONS. You shall vfe\] and truly keep every person sworn on this jury in some pri- vate and convenient place, without meat or drink, water excepted ; you shall not suffer any person to speak to them, nor speak to them yourself, without leave of the court, except it be to ask them whether they have agreed on their verdict, until they have agreed on their verdict. So help you God. No. 33. OATH ON APPLICATION TO EXCUSE OR DISCHARGE A JUROR OR CONSTABLE. You shall true answers make to such questions as shall be put to you, touching your application {or the application for and in behalf of A. B.) to be discharged {or excused), from attendance as a juror (or constable) at this court. So help you God. No. 34. OATH ON APPLICATION OF JUROR OR CONSTABLE FOR A REMISSION OF A FINE. You shall true answers make to such questions as shall be put to you, touch- ing your application {or the application for and in behalf of A. B.) for the remission of your (or his) fine, for default, in attending as a juror (or con- stable) at this {or some former) term of this court. So help you God. No. 35. OF POOR WITNESSES ON APPLICATION FOR EXPENSES. You shall true answers make to such questions as shall be put to you, touch- ing your application for the expenses of your attendance at this court as a witness in behalf of the People of this State. No. 36. PROCLAMATION FOR ARRAIGNMENT OF PRISONERS. All persons are strictly charged and commanded to keep silence while the court proceed to arraign the prisoners on indictment for felony. 3S"o. 37. ^ PROCLAMATION FOR CALLING PETIT JURY IN CRIMINAL CASES. You good men, who are here returned to inquire between the People of the State of New York and A. B., the prisoner at the bar, answer to your names as you are called, and save your fines. CLERKS ANp CRIERS. 123 N"o. 38. clerk's address to the prisoner before calling the jxtrt. A. B., these good men that you shall now hear called, are the jurors who are to pass between the People of the State of New York and you (or in a capital case, upon your life and death) ; if therefore you will challenge them, or any of them, you must challenge them as they come to the book to be sworn, and before they are sworn, and you shall be heard. N"o. 39. PROCLAMATION ON SWEARING. THE JUROR. Juror, look upon the priso.:er; prisoner look upon the juror. No. 40. OATH OF JUROR. You shall well and truly try, and true deliverance make, between the Peo- ple of the State of New York and A. B., the prisoner at the bar, whom you shall have in charge, and a true verdict give according to evidence. So help you God. No. 41. TRIOR S OATH ON A CHALLENGE TO THE FAVOR. You shall well and truly try and find whether C. D., the juror challenged, stands indifferent between the People of the State of New York and the prisoner ai the bar. So help you God. nSTo. 43. FINDING OF THE TRIORS. The finding is that C. D., stands (not) indifferent No. 43. OATH OF WITNESS SWORN BEFORE THE TRIORS. £ ou shall true answers make to such questions as shall be put to you, touch- ing the challenge of C. D., a juror. No. 44. ♦ PROCLAKATTON FOP A WITNESS UNDER RECOGNIZANCE TO APPEAR AND TESTIFY Hear ye ! h^^v ye ' '•.■*>ar ye I G. H., who is bound by recognizance to giva evidence against i. B , the prisoner at the bar, come forth, answer to your name, and give p-viaence, or you will forfeit your recognizance. 124 THE CLERK'S ASSISTANT. No. 45. OATH OF A WITNESS ON A TRIAL FOR FELONY. The evidence that you shall give between the People of the State of New York and A. B., the prisoner at the bar, shall be the truth, the whole truth, and nothing but the truth. So help you God. No. 46. PROCLAMATION BEFORE SENTENCE PRONOUNCED. Hear ye 1 hear ye ! hear ye ! All manner of persons are commanded to keep silence, while judgment is given against the prisoner at the bar, upon pain of imprisonment. No. 4r. PROCLAMATION BEFORE CALLING JURY ON A TRIAL FOR A MISDEMEANOR. You good men who are here returned to try this issue of traverse, between the People of the State of New York and C. D., the defendant, answer to your names as you are called, and save your fines. No. 48. juror's oath on a TRIAL FOR MISDEMEANOR. You shall well and truly try this issue of traverse, between the People of the State of New York and A. B., the defendant, and a true verdict give therein according to the evidence. So help you God. No. 49. OATH OF A WITNESS ON A TRIAL FOR A MISDEMEANOR. The evidence you shall give in this issue of traverse, between the People of the State of New York and A. B., the defendant, shall be the truth, the whole truth, and nothing but the truth. So help you God. No. SO. clerk's address on taking a recognizance. You (and each of yon) acknowledge yourself (or yourselves) to be indebted to the People of the State of New York in the sum of $500 {or to wit: you A. B. in the ^um of $300 and you C. D. in the sum of $200) to be levied of your (and each of your) goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following, to wit The condition of this recognizance is such, that if (you) A. B. shall appear at the Court of Sessions {or of Oyer and Terminer) to be held in and for the county of Chemung, then and there (or from day to day during the sitting of this court) to answer and stand trial upon a certain indictment against you for felony (or misdemeanor) {or to testify and give evidence on the trial of a certain indictment against E. F. for felony {or misdemeanor) and) not to d«» CLERKS AND CRIERS. 125 part the court without leave, and to abide its order and decision, then this recognizance to be void, otherwise to remain in full force and viitue. Are you (and each of you) content ? N-Q. 51. clerk's entry ween an attachment issues against a witness. The People agt. A. B. On reading and filing an affidavit of the due service of a subpoena on E. F. to appear here this day as a witness on the trial of this indictment, and he being called and not appearing, and on motion of D. A., Esq., District Attorney, ordered that an attachment issue against the said E. F N"o. 53. ARRAIGNMENT OF A PARTY INDICTED. (After reading the indictment or stating to the prisoner the grand jury have indicted you for a felony {or a misdemeanor), here sta-te the facts charged in the indictment.) Do you demand a trial on this indictment ? Or do you plead guilty or not guilty to this indictment? JS"o. 53, TAKING A VERDICT IN A CAPITAL CASE. Gentlemen of the jury, please answer to your names (call them one by one). Have you agreed upon your verdict ? (answer yes) jurors, look upon the pris- oner. Who shall say for you (the foreman rises) ; how say you, do you find the prisoner at the bar guilty of the felony (and murder) whereof he stands indicted, or not guilty ? (the foreman answers " guilty," or " not guilty.") Then the clerk adds : Hearken to your verdict, gentlemen, as the court hath recorded it. You say you find the prisoner at the bar guilty {or not guilty) of the felony (and murder) whereof he stands indicted, and so you all say ? No. 54. POLLING A JURY. Gentlemen of the jury, answer to your names as you are called. A. B. how say you, do you find the prisoner at the bar guilty of the felony (and murder) whereof he stands indicted, or not guilty? (and so call the rest one by one.) (In cases where the trial is not capital, the two last forms may be altered as follows, in No. 53 omit jurors, " look upon the prisoner," and in Nos. 53 and 54 omit "felony (and murder)" and say, "misdemeanor," or "crime," or "oflence," or "riot," or "assault and battery and riot." 126 THE CLERK'S ASSISTANT. ISTo. 55. TAKING VERDICT IN A C;VIL CAUSE. Gentlemen of the jury : Please answer to your names (call them singly). Have you agreed upon your verdict? How do you find {The foreman rises and says) : We find for the defendant {or for the plaintiff $500 damages ; or we find the title of the property in question to be in the plaintiff, and assess the value thereof at $300.) (The clerk then says) : Gentlemen, listen to your verdict as it stands recorded. You say you find &c. (repeat the findins: of the jury), and so you all say. No. 5(5. ENTRY OF VERDICT SUPREME COUET. A. B. agt. C. D. At a Circuit Court held on the 5th day of September, 1859. Present, Hon. J. H., Justice. Jurors (insert their names). "Witnesses for plaintiff (insert names). Witnesses for defendant (insert names). Verdict for the defendant (or verdict for plaintiff), damages $305, or verdict for plaintiff against defendant E. C, damages $305, and verdict for the defend ant C. C. against the plaintiff: or verdict for the plaintiff and the value of the property assessed at $328, or verdict for the plaintiff as to the title to the real property and damages for wrongfully withholdmg the said premises assessed at$8a ISTo. 57. POLLING JtTRT IN CIVIL ACTIONS. A. B., you say you find for the defendant (or you find for the plaintiff and assess his damages at $1,000). Put the same question to each of tlie jury, and when all have answered, then say : Then gentlemen of the jury, hearken to your verdict, as the court has recorded it. You say you find (state the finding) and so say you alL No. 5S. CERTIFICATE OF COUNTY CLERK TO THE ACKNOWLEDGMENT, OR PROOF, OF A CCN- VETANCE;- to be used either in this state or WHEN SENT TO ANOTHER STATE. State of New TorTc, Oily and County of Albany, Cleric's Office, ss. I, R. R.» clerk of the said city and county, do hereby certify that A. B. whose name is subscribed to the certificate of proof or acknowledgment of the annexed instrument in writing and indorsed thereon, was at the time of taking such proof or acknowledgment, a justice of the peace in and for the county afore- said, dwelling in the said county, and duly authorized to take the same : And that I am weU acquainted with the handwriting of the said A. B., and verily beUeve that the signature to the said certificate of proof or acknowledgment CLERKS AND CRIERS. 127 IS genmne, and that the said instrument is executed and acknowledged accord- ing to the laws of the State of New York. In testimony whereof, I have hereunto set my hand and afiSxed my official seal this 18th day of October, 1859. R. R., Clerk, [l. a] No. 59. CERTIFICATE OF OFFICIAL CHARACTER. State of New York, County of Chemung, ss. I, B. B., Clerk of the said county, do hereby certify that A. A., the person subscribing the foregoing acknowledgment (or deposition) and before whom the same was taken {or acknowledged), was on the 17th day of October, 1859, therein mentioned, the County Judge of Chemung county, and the Judge of the County Court of said county {or one of the Justices of the Supreme Court) a court of record, and that I am well acquainted with the handwriting of the said A. A., and Verily believe that the name of A. A., subscribed to the said certificate, is his proper and genuine signature. In testimony whereof, &c. (as in the last form). ISTo. 60. CERTIFICATE TO A COPY OF A RECORD OR PAPER ON FILE IN THE CLERK's OFFICE. State of New York, County of Chemung, ss. I, B. B., Clerk of said county, do hereby certify that I have compared the foregoing copy of (insert name of the instrument) and of the indorsements thereupon, with the original records of the same remaining in this ofl&ce {or with the original now on file in this office), and that the same are correct copies of the same and of the whole thereof. In testimony whereof, &c. (as in No. 58.) N"o. 61. NOTICE TO BE PRINTED OF DRAWING A JURY, State of New York, City and Comity of Albany, Clerk's Office. Notice is hereby given, that on Monday the 17th day of October, 1859, a panel of petit and grand jurors will be drawn at this office, to serve at a Circuit Court and Court of Oyer and Terminer {or Court of Sessions), to be held in and for the City and County of Albany, at the City Hall, in the City of Albany, on Mon- day, the 14th day of November, 1859. R. B., Clerk. ISTo. 63. NOTICE OF DRAWING ADDITIONAL JURY. State of New York, County of Albany. In the Supreme Court of the State of New York. Whereas, in my opinion, more than thirty-six jurors will be required to attend the Circuit Court and Court of Oyer and Terminer, to be next held in and for the County of Albany, on the 3d Monday of September 128 THE CLERK'S ASSISTANT. next, I do hereby order and direct that twenty -four additional jurors, to serve at said court, be drawn and summoned according to law. Witness my hand the 30th day of July, 1860. G. G., Justice of the Supreme Court of the State of New York. State of New York, City and County of Albanif, Clerk's Office. Notice is hereby given, that on Friday, the 17th day of August, 1860, in pursuance of the foregoing order for twenty-four additional jurors, a panel of petit jurors will be drawn at this office, to serve at a Circuit Court and Court ot Oyer and Ter- miner, to be held in and for the City and County of Albany, at the City Hall, in tlie City of Albany, on Monday, the 17th day of September, 1860. E. B., Chrk i i CHAPTER XI. CONTRACTS AISTD AGREEMENTS. The terra contract includes everj description of agreement or obligation, whereby one party becomes bound to another to pay a sum of money, or perform or omit to do a certain act. The agreement must in general, be obligatory on both parties, or it binds neither. To this rule, however, there are some exceptions, as in the case of an infant's contract. He may always sue, though he cannot be sued on his contract. There must be a good and valid consideration, motive or inducement to make the promise, upon which the party is charged, for this is of the very essence of a contract not under seal, and must exist, although the contract be reduced to writing. So too, there must be a thing to be done which is not forbidden ; or a thing to be omit- ted, the performance of which is not enjoined by law. A fraud- ulent or immoral contract, one contrary to public policy is void, so too if it is contrary to a statute. For the purpose of preventing litigation, and in order that no misunderstanding may arise between individuals, the statute has provided that certain agreements shall be considered void unless they are made in accordance with the provisions of the statute. Thus : In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, express- ing the consideration, be in writing, and subscribed by the party to be charged therewith : 1. Every agreement that by its terms is not to be performed within one year from the making thereof; 2. Every special promise to answer for the debt, default or miscarriage of another person ; 3. Every agreement, promise or undertaking, made upon con- sideration of marriage, except mutual promises to marry. 17 130 THE CLERK'S ASSISTANT. Every contract for the sale of any goods, chattels or things in action for the price of fifty dollars or more, shall be void unless, 1. A note or memorandum of such contract be made in writ- ing, and be subscribed by the parties to be charged thereby ; or, 2. Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in ac- tion ; or, 3. Unless the buyer shall at the time pay some part of the purchase money. Every contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void unless the contract, or some note or memorandum there • of expressing the consideration, be in writing, and be subscribed by the party, by whom the lease or sale is. to be made (3 E. S., 220, 1 and 2, 5th ed.) Such instrument may be executed by an agent duly authorized. But it must appear that the instrument is executed as the deed or act of the principal. The usual form of such signature is A. B. by C. D., his agent or attorney. If the instrument is sealed it should appear to be the seal of the principal, and if he acknowledge it he acknowledges that he does it as the act of A. B., his principal. I I 1 1 FORMS AN AGREEMENT FOR THE SALE AND PURCHASE OF LAND. Articles of agreement made and concluded this 1st day of January, A. D. 1859, by and between A. B. and C. D,, of Buffalo, in the State of New York. First. The said A. B., in consideration of the sum of $500, to him paid by the said C. D. (the receipt whereof is hereby acknowledged), and in further consideration of the promise of the said C. D. hereinafter contained, doth here- by promise and agree to and with the said C. D., that he will, on or before the 1st day of July next, make and deliver to the said C. D. a good and sufficient deed, with the usual covenants of warranty, release of dower, &c., of all that tract of land situate, lying, and being in the town of , in the county of , and State of , known as the , &c. \or bounded and des- cribed as follows : J Second. In consideration whereof, the said C. D. doth hereby promise and agree to and Avith the said A. B., that he will, on such deed being tendered to him by the said A. B. on or before the said 1st day of July next, pay to the said A. B. the further sum of dollars, in addition to the payment already made, being the balance of the purchase money h'ereby agreed upon for the said tract of land. And to the true and faithful performance of all the agreements herein con- tained on t*'e part of the said A. B. and C. D., each of them binds himself) hi: heirs, executors and administrators, to the other and his heirs, executors and administrators. In testimony whereof we have hereunto set our hands, on the day and year first above written. A. B. Executed and delivered in presence of C. D, E. F. G. H. iSo. a. AN AGREEMENT TO BE SIGNED BY AN AUCTIONEER, AFTER A SALE OF LAND AT AUCTION. I hereby acknowledge that A. B. has been this day declared by me the highest bidder and purchaser of all that certain lot of land (describe tlie land) at and for the sum of §1,000, and that he has paid into my hands the sum of $100 as a deposit and in part payment of the purchase money ; and I hereby agree, that the vendor C. D., shall in all respects fulfill the conditions of the sale. Witr.ess my hand this 10th of Mai'ch, 1859. J. S., Auctioneer. X32 THE CLERK'S ASSISTANT. P^o. 3. AGREFMENT TO BE SIGNED BY THE PURCHASER OF LANDS AT AUCTION. I hereby ackno^Y]el^2^e that I have this day purchased at pubHc auction all that lot of land (describe tlie land) for the sum of $1,000, and have paid into the hands of J. S., the auctioneer, the sum of $100 as a deposit, and in part payment of the said purchase money ; and I hereby agree to pay the remain- ing portion of the purchase money unto C. D., the vendor, on or before the 15th inst., in accordance with the conditions of sale. Witness my hand this March 10, 1859. A. B. AGREEMENT FOR THE SALE OF GOODS, &C., AS THEY SHALL BE APPRAISED. Articles of agreement made between A. B., of Troy, and C; D., of New It is hereby agreed by the said parties, that all and singular the household goods, furniture, and utensils, which are the property of A. B., and contained in and belonging to the dwelling house now in the occupation of the said A. B. {or contained in the schedule hereunto annexed), shall, at the joint and equal charge of the said parties, be appraised by E. F. and G. H., on or before the 10th day of June next, when the said E. F. and G. H. shall, in writing by them signed, give in their appr^sement to the said parties; and in case the ^ said appraisers shall differ in such valuation, then they shall choose a third in- different person as an umpire, to determine the same, whose valuation of the said goods, within three days after his election, shall be conclusive, if signed and given or tendered to the said parties, or either of them. And the said A. B. doth covenant with the said C. D. that, immediately after such valuation, made by the said E. F. and G. H., or by such umpire as aforesaid, he, the said A. B., will make an absolute bill of sale, and give possession of all the said goods', furniture, and utensils, unto the said C. D., at the price the same shall be appraised at as aforesaid. And the said C. D. doth hereby covenant with the said A. B., that he the said C. D. will accept the said goods, at the said price, and, at the time of executing such bill of sale, and delivering possession of the said goods, furniture, and utensils, by the said A. B. will then pay to the said A. B. the sum of money for which the same shall be appraised as aforesaid. In witness whereof, we have hereunto set our hands and seals this 5th day of May, A. D. 1859. . ^ . •" A. B. [l. S.J C. D. [l. s.] 2Vo. S. AN AGREEMENT TO BUILD A HOUSE ACCORDING TO A PLAN AND SPECIFICATIONS ANNEXED. Be it remembered, that on this 10th day of May, A. D. 1859, it is agreed by and between A. B., of Albany, and C. t), of Bern, in manner and form fol- lowing, viz. : c ^ ■ The said C. D., for the considerations hereinafter mentioned, doth for him- self, his executors and administrators, promise and agree to and with the said A. B . his executors, administrators and assigns, that he, the said C. D., or his assigns, shall and will, within the space of four months next after the date hereof,'iu good and workmanlike manner, and according to the best of his art and skill, at Bern, well and substantially erect, build, set up, and finish one house or messuage, according to the draught or scheme and specificacions here- CONTRACTS AND AGREEMENTS. 133 unto annexed, of the dimensions following, viz., &c., and to compose the same witli such stone, brick, timber, and other materials as the said A. B. or his assigns shall find and provide for the same : In consideration whereof, the said A. B. doth for himself, his executors and administrators, promise and agree to and with the said C. D., his executors, administrators, and assigns, well and truly to pay or cause to be paid, unto the said C. D. or his assigns, the sum of §2,000 in manner following, that is to say, the sum of $1,000, part thereof, at tlie beginning of the said work ; the sum of $i,000 more, another part thereof, when the same shall be completely finished ; and also that he, the said A. B., his executors, administrators, or assigns, shall and will, at his and their own proper expense, find and provide all the stone, brick, tile, timber, and other materials necessary for making and building the said house. And for the performance of all and every the articles and agreements above men- tioned, the said A. B. and C. D. do hereby bind themselves, their executors, &c., each to the other, in the penal sum of $500, firmly by these presents. In witness whereof &c. A. B. C. D. ISct. G. AN AGREEMENT FOR THE FREIGHT OF A SHIP. Articles of agreement between W. M., master of the ship Good Speeu, burthen about 800 tons, now at anchor, in harbor of New York, and forthwith bound out on a voyage to Lisbon, of the one part, and Y. Y. of New York, merchant, of the other part. The said W. M., for the consideration hereunder mentioned, doth covenant with the said Y. Y., his heirs and assigns, that the ship aforesaid shall, with all expedition, be made ready, and provided in all respects for the voyage afore- paid, and shall receive on board for the said Y. Y. the goods following (here enumerate them), and, within three days after the date hereof, shall set sail directly to Lisbon; and within five days after her arrival there, shall unlade and deliver the same to the factors of the said Y. Y. (the dangers of the seas, enemies, and the restraint of princes and rulers, only excepted). And the said Y. Y.,'for himself, his heirs and assigns, doth covenant with the said W. M., his heirs and assigns, that he, the said Y. Y. his heirs and assigns, shall lade, or tender the said goods to be laden, on board the said ship, and receive and discharge the same from on board the same at L. aforesaid, within the respective times before limited ; and will pay unto the said W. M., his heirs and assigns, for freight thereof, at the rate of , immediately after a right discharge and delivery of the same at L. aforesaid, with primage and average accustomed, and two-thirds of all port charges to grow due during the said voyage, the other third part thereof to be paid by the said W. M. In witness whereof, the said parties have hereunto affixed their hands and seals this 7th day of November, 1859. W. M. \h. s.] Y. Y. [l. s.] , AN AGREEMENT TO ENGRAVE CUTS FOR A BOOK, Articles of agreement made between A. A., publisher of the city of Boston, and B. B., an engraver of the same place, witnesseth that : The said B. B., for the consideration hereinafter mentioned, doth for him- self, his heirs and assigns. &c., covenant with the said A., his heirs and assigns, 134 THE CLERK'S ASSISTANT. that he the said B., at his own charges, will provide good and proper copper plates, and will engrave thereon the effigy of every president of the United States, including the present president; and will, in a workmanlike manner, finish and deliver every such effigy within fourteen days next after every notice shall be given for the delivery of the same. And the said A., in con- sideration thereof, for himself, his heirs and assigns, doth covenant that he, the said A., or his heirs and assigns, will pay to the said B., upon the delivery of every such effigy as aforesaid, the sum of $50. In witness whereof, we, the said A. and B., have hereunto set our hands and seals this 7th day of November, in the year 1859. A. A. [l. s.] B. B. [l. S.J I«fo. 8. CONTRACT OF COPARTNERSHIP. Articles of copartnership made this 8th day of November, 1859,' by and between E. D., and H. W., both of the city of Hudson, witnesseth that : The said parties hereby agree to form, and do form a copartnership, for the purpose of carrying on the general produce and commission business on the following terms and articles of agreement, to the faithful performance of which they mutually engage and bind themselves each to the other. The style and name of the copartnership shall be D. and W., and shall commence on the 1st day of December, 1859, and continue for the period of five years. Each of said parties agree to contribute to the funds of the partnership the sum of $3,000 in cash, which shall be paid in, on or before the 1st day of December, 1859, and each of said parties shall devote and give all his time and attention to the business and to the care and superintendence of the same. All profits which may accrue to the said partnership shall be divided equally, and all, losses happening to the said firm, whether from bad debts, deprecia- tion of goods, or any other cause or accident, and all expenses of the business shall be borne by the said parties equally. All the purchases, sales, transactions and accounts of the said firm shall be kept in regular books, which shall be always open to the inspection of both parties and their legal representatives respectively. An account of stock shall be taken, and an account between the parties shall be settled as often as once a year, and as much oftener as either partner may desire and in writing request. Neither of the said parties shall subscribe any bond, sign or indorse any note of hand, accept, sign, or indorse any draft or bill of exchange, or assume any other liability, verbal or written, either in his own name or in the rfame of the firm, for the accommodation of any other person or persons whatsoever, without the consent in writing of the other party ; nor shall either party lend any of the funds of the copartnership without such consent of the other partner. No large purchase shall be made, nor any transaction out of the usual course of the business shall be undertaken by either of the partners, without previous consultation with, and the approbation of, the other partner. Neither shall withdraw from the joint stock, at any time, more than his share of the profits of the business then earned, nor shall either party be en- titled to interest on his share of the capital ; but if, at the expiration of the year, a balance of profits be found due to either partner, he shall be at liberty to withdraw the said balance, or to leave it in the business, provided the other partner consent thereto, and in that case he shaU be allowed interest on the said balance. CONTRACTS AND AGREEMENTS. 135 At the expiration of the aforesaid term, or earher dissolution of this co- partnership, if the said parties or their legal representatives cannot agree in the division of the stock then on hand, the whole copartnership effects, ex- cept the debts due to the firm, shall be sold at public auction, at which both parties shall be at liberty to bid and purchase like other individuals, and the proceeds shall be divided, after payment of the debts of the firm, in the pro- portions aforesaid. For the purpose of securing the performance of the foregoing agreements, it is agreed that either party, in case of any violation of them or either of them by the other, shall have the right to dissolve this copartnership forth- y, ith, on his becoming informed of such violation. In witness whereof, we, the said E. D. and H. W., have hereto set our hands the day and year first above written. E. D. H. W. Executed and dehvered ) in presence of, J AGREEMENT TO CONTINUE THE PARTNERSHIP, TO BE INDORSED ON THE ORIGINAlJ. ARTICLES. Whereas, the partnership evidenced by the within written articles, has this- day expired by the limitations contained herein (or will expire on the 1st day of January, 1860) it is hereby mutually agreed that the same shall be contin- ued on the same terms, and with all the provisions and restrictions herein contained for the further term of three years from this date (or from the 1st day of January, 1860). In witness whereof, we have hereto set our hands this 8th day, of Novem- ber, 1859. E. D. H. W. I«^o. XO. AGREEMENT TO SELL MANUSCRIPT OF AND COPYRIGHT IN A BOOK. Articles of agreement made the 8th day of November, 1859, by and be- tween M. M. and B. B., both of the city of Poughkeepsie, witnesseth : That the said M. M., for and in consideration of $1,000, and other consid- erations herein named, has this day sold to the said B. B., manuscript copy for the publication of book to be called " The Spread Eagle," including the index, and he, the said M. M., also agrees to examine and correct the proof-sheets thereof, as they shall be furnished him from time to time during the publica- tion thereof The said B. B. and his assigns are to have the exclusive right to take out and own the copyright and the renewals of. the copyright thereof And the said B. B., for himself, his heirs and assigns, agrees to pay the said' M. M., in manner following: $100 on the signing of this contract, $400 when the index shall be ready for the printer, and the balance when the proof-sheets shall have all been examined and furnished the printer and shall furnish the said M. M., fifteen bound copies of the work within a reasonable time after the said M. M. shall have completed his labors ; the whole of said proof-sheets to be furnished the said M, M., within a reasonable time after the delivery of tlio manuscript. 136 THE CLERK'S ASSISTANT. And it is further agreed that in case the said book shall not amount to 300 pages, size and style of the pages of the work known as "The Rising ]'oli- tician''" then the said M. M. is to receive and the said B. B. is to pay a sum proportioned to the number of pages so furnished, but in case said work shall contain more than 300 pages the sum to be paid therefor is not to be increased. Witness our hands the day and year first above written. B. B. M. M. 2Vo. XX. AGREEMENT TO SUPERINTEND AND ENLARGE A SECOND EDITION OF A BOOK. Articles of agreement made this 9th day of November, 1859, by and be- tween M. M. of the city of Schenectady of the first part, and B. B. of the same place of the second part, witnesseth : That the said M. M. for and in consideration of $400 and other considera- tions herein named agrees to examine, correct and enlarge the work known as " The Spread Eag^e," to furnish additional manuscript matter for the second edition of the work, to enlarge the index and make it full and complete. It is understood and agreed that the new edition of the work shall be of the same sized page as die present work and contain an equal amount of matter on each page, and that the additional matter furnished shall enlarge the work not less than 100 pages, and shall be furnished to the said B. B. at not less than 20 pages per day (120 pages per week), commencing on the r2th instant. And the said M. M. is to examine and correct the proof-sheets as fast as they shall be furnished, and to complete the index as soon as may be after the whole signatures of the text shall be handed him for that purpose. And the said B. B. on his part agrees to print the said work as the matter shall be furnished, to furnish the said M. M. a copy of the work by signatures as each signature shall he worked off for the purpose of arranging the index, to furnish the said M. M. 20 bound copies of the work as soon as he can con- veniently, and to pay the said M. M. the sum of $400 on the day the last proof sheet is corrected for the press. The said B. B. is to take out and secure a copyright of the said work ; and the said M. M., on the completion of the work, is to execute and deliver to the said B. B., his heirs and assigns, forever, an assignment of all his right and title and interest in and to the said work. In witness whereof, the said parties have hereunto set their hands the day and year first above written. M. M. B. B. No. X3. AGREEMENT AS TO A PARTY WALL. This agreement made this 7th day of November, 1859, by and between J. M. and W. C, of the city of Utica, witnesseth :— That whereas the said W. C. is the owner of the house and lot on the south side of Bleecker street, second lot east of Dalhus street, and the said J. M. is the owner of the lot adjoining the same next easterly thereof, on which said lot there now stands a party wall on a fine parallel with Dallius street, and 44 feet easterly from eaid Dallius street; and whereas the said J. M. has erected his dwelling house several feet (one story) higher than the said W. C, whereby greater advan- tage may accrue to the said J. :M. from said party wall. Now, therefore, the CONTRACTS AND AGREEMENTS. 137 said W. C. in consideration of the gum of $1 to him in hand paid, the receipt whereof is heieb}' aclcnowledged, doth grant, covenant, promise and agree with the said J. M., that he may peacefully and lawfully enjoy such party wall, to himself, liis heirs, and assigns ; the said W. 0. reserving to himself the right to use the said portion of the party wall built by the said J. M, whenever he may wish to build higlier than his house now is. It is further mutually understood and agreed between the respective parties, that this agreement shall remain so long as the houses last, and shall pass to the heirs and assigns of the respective parties to these presents. Witness our hands and seals the day and year first above written, J. M. \l. s. J W. C. f L. s. 1 ISTo. 13. CONTRACT FOR MAKING FLOUR BARRELS. Memorandum of agreement, made this 13th day of December, 1859, by and between A. A. of the first part, and B. B. of the second part, witness- eth : That the said A. A. for the sum of 35 cents for each and every bar- rel hereafter made and delivered, hereby agrees to make and deliver to the said B. B., 2,000 flour barrels ; the staves and heading to be of good sound seasoned white oak timber, and the hoops of black ash, round or square. The said barrels are to be manufactured in a good and workmanlike manner, and all to be delivered to the said B. B. at his flouring mill, in the city of Utica, within four months from the date of this instrument. And the said B. B., on his part, agrees to pay the said A. A. in cash the sum of 35 cents for each and every laarrel so delivered upon the delivery of the same at his mill, as aforesaid : Such payment to be made as often as the said A. A. shall deliver fifty barrels, in the proper proportion for the same. In witness whereof, the parties have hereunto set their hands the day and year first above written. A. A. B. B. 3Vo. 14. AGREEMENT TO SELL AND DELIVER WOOD. Memorandum of agreement made this 13th day of December, 1859, by and betAveen A. A. of the town of Half Moon, and B. B. of the village of Cohoes, witnesseth : That the said A. A., for the sum of $5 per cord, hereby agrees to sell and deliver to the said B. B. 1,000 cords of good sound white oak wood, and to securely and properly pile the same on the east bank of the canal, just east of said village of Cohoes, on the lot of the said B. B. Said wood is to be cut during the present month of December, and the months of January and February next, to be cut four feet long, and properly piled on said lot on or before the 1st day of May next. Said wood, when piled as aforesaid, is to be measured by D. D., and the said B. B. agrees to pay the said A. A. the sum of |5 for each and every cord so delivered ; payment to be made by installments on each fifty cords as they are delivered, whenever, and as soon as the said A. A. shall furnish to the said B. B., the certificate of the said D. D., that such fifty cords or additional of wood have been delivered and properly piled on said lot. Witness our hands the day and year first above written. A. A. B. B. 18 138 THE CLERK'S ASSISTANT. No. 15. AGREEMENT TO SELL SHARES OF STOCK OF AN INCORPORATED COSfPANT. Memorandum of aprreement made this 14th day of December, 1859, between A. A. of the city of Hudson of the first part, and B. B. of the same place of the second part, witnesseth : That the said A. A. agrees to sell and convey to the said B. B. on or before the 1st day of May next, $1,000 shares of the capital stock of the Bank of Albany, for the price or sum of $110 per share, and to make, execute and deliver to the said B. B. all assignments transfers, and conveyances, necessary to assure the same to him, his heirs and assigns. In consideration whereof, the said B. B. agrees to pay unto the said A. A. the price or sum of $110 for each and every share of the said stock so assigned, whenever and as soon as the said ass^nment and the scrip of stock so assigned shall be properly executed and delivered to the said B. B. In witness whereof, the said parties have hereto set their hands and seals the day and year first above written. A. A. [l. s.] B. B. [l. S.J 2Vo. le. AGREEMENT WITH A WORKMAN OR CLERK. This agreement made this 14th day of December, 1859, between A. A. of the first part, and B. B. of the second part, witnesseth : -That the said A. A. agrees faithfully and dihgently to work for the said B. B. on his farm (or as clerk or salesman in the store of the said B. B.), at Bethlehem, in Albany county, for the period of six months from and after the 1st day of January next, for the sum of $25 per month. In consideration of which service so to be performed, the said B. B. agrees to pay the said A. A., the sum of $25 per month, payable as follows : $10 on the 1st day of February, and §10 on the 1st day of each month following, until the Avhole labor shall be performed ; and when the whole labor shall have been performed, then the balance of such sum as has not been theretofore paid the said A. A. In witness whereof, the said parties have hereunto set their hands the day Bnd year first above written. ^ A. A. B. B. TVo. XT. SUBSCRIPTION TO BUILD A CHURCH EDIFICE. Whereas the trustees of the church corporation, known as the "Church of the Puritans," are about erecting a church edifice for such corporation; now, we the undersigned, for the purpose of such erection, hereby agree to pay to B. B., the treasurer of said corporation, the several sums by us set opposite our several names, for the purpose of such erection, and we hereby authorize and direct the said trustees to expend such sums in the erection of the same. The said sums are to be paid to the said treasurer on or before the 1st day of March, 1860. Names. Amount. A B !^600. c. c , 4oa CONTRACTS AND AGREEMENTS. 139 jVo. X8. AGREEMENT ON A SALE OF WHEAT. In consideration of $1 per bushel, A. A. of the town of Coeymans hereby sells, and agrees to deliver to B. B., at his store at Coeyman's Landing, all the wheat raised and harvested by the said A. A. on his farm the present year. The said wheat is to be delivered at said store in good clean and merchantable order, on or before the 15th day of February, 1860, and in .consideration thereof, the said B. B. agrees to pay the said sura of ^1 for each and every bushel so delivered upon the delivery of the same. Witness the hands of the said A. A. and B. B., this I4th day of Decem- ber, 1859. A. A B. B. CHAPTER XII. CONVEYANCES BY DEED AND MORTGAGE. A deed is an instrument in writing, or printing upon paper or parcliment, duly sealed, executed and delivered. The requisites of a deed are, that there be persons able to con- tract and be contracted with, and also something or subject mat ter to be contracted for, all of which must be expressed by good and sufficient words. In every grant there must be a grantor, a grantee and a thing granted. The deed must be founded upon good and sufficient consideration; and not upon a usurious con tract, nor upon fraud or collusion, either to deceive purchasers in good foitb, or just and lawful creditors. The consideration of the deed may be considered good or valuable. A valualle con- sideration is founded on something producing a compensation, as money, goods, services, or marriage. A good consideration is, founded upon natural love and affection, as between near rela- tives by blood. Deeds upon good consideration only, are con- sidered as voluntary merely, and are often set aside in favor of creditors and purchasers in good faith. Although there are no specific words required in a deed, yet the matter written must be legally and orderly set forth, and there must be words sufficient to specify the agreement and bind the parties ; which sufficiency must be left to the courts of law to determine. In the premises is usually set forth the number and names of the parties with their additions and titles; next fol- lows the consideration upon which the deed is made, and then follows a description of the property or the certainty of the grantor, grantee, and the thing granted. Next come the haben- dum and the tenendum clause more properly determining what estate or interest is granted by the deed ; though this may be performed, and frequently is performed in the premis. The ten- endum, or "and to hold" clause is now of very little use, and is CONVEYANCES BY DEED AND MORTGAGE. 141 onl}- kept in by custom ; formerly, in England, it was used to signify the kind of tenure by which the estate was granted to be hold'en. Then follow the terms of stipulation, if any, upon which the grant is made. In warranty deeds, clauses of warranty and covenants of different kinds may be added. The usual personal covenants in a warranty deed are ; that the grantor is lawfully seised: that he has good right to convey : that the laud is free from incumbrances : that the grantees shall quietly enjo}^ : and that the grantor will warrant and defend the title against all lawful claims. The covenant of warranty and of quiet enjoyment, are prospective, and run with the land con- veyed, descend to the heirs^ and vest in the assignees, or the purchaser. But an actual ouster, or turning out, or eviction is necessary to constitute a breach of them. Lastly comes the conclusion, which mentions the execution and date of the deed, either expressly or by reference to some day and year before mentioned. A date is not necessary, and the deed would be good without date, or with a false date, or an impossible date as the 31st of February, provided the real date of its being given or delivered can be proved. The remaining requisites of a good deed are the signing, seal- ing and delivery, which is expressed in the attestation "signed, sealed and delivered." Two witnesses are required to the execution of a deed in New Hampshire, Vermont, Ehode Island, Connecticut, Pennsylvania, Georgia, Ohio, Indiana, Illinois, Michigan and "Wisconsin. In Delaware, Tennessee, and North Carolina, two witnesses are re- quired where a deed is to be proved by witnesses. Every person capable of holding lands (except idiots, persons o£ unsound mind, and infants) seised of, or entitled to, any estate or interest in lands, may alien such estate or interest at his pleasure, with, the effect, and subject to the restrictions and regu- lations provided by law. (3 B. S., 3, § 10, 5th ed.) Every grant in fee or of a freehold estate, shall be subscribed and sealed by the person from whom the estate or interest conveyed is intended to pass, or his lawful agent; if not duly acknowledged previous to its delivery according to the provisions of the statute, its execution and delivery shall be attested by at 142 THE CLERIvS ASSISTANT. least one witness ; or if not attested, it shall not take effect as against a j)urcliaser or incumbrancer until so acknowledged. A grant shall take effect so as to vest the estate or interest in- tended to be conveyed only from its delivery ; and all the rules of law now in force in respect to the delivery of deeds shall apply to grants hereafter to be executed. No covenant shall be implied in any conveyance of real estate, whether such conveyance contain special covenants or not. (3 R. S., 29, 6th ed.) No greater estate or interest shall be construed to pass by any erant or conveyance hereafter executed, than the grantor himself possessed at the delivery of the deed, or could then lawfully con- vey, except that every grant shall be conclusive as against the grantor and his heirs claiming from him by descent. Every grant shall also be conclusive as against subsequent purchasers from such grantor, or from his heirs claiming as such, except a subsequent purchaser in good faith and for a valuable consideration, who shall acquire a superior title by a conveyance that shall have been first duly recorded. Every grant of lands shall be absolutely void if at the time of the delivery thereof, such lands shall be in the actual posses- sion of a person claiming under a title adverse to that of the grantor. (3 R S., 30, 5th ed.) A mortgage is the conveyance of an estate by way of pledge for the security of debt, and to become void on payment of it. The legal ownership is vested in the creditor; but in equity the mortgagor remains the actual owner, until he is debarred by his own default, or by judicial decree. The condition upon which the land is conveyed is generally inserted in the mortgage, but the defeasance may be contained in a separate instrument ; and where the instrument executed by the grantor or mortgagor is absolute in the first instance, and the defeasance is executed subsequently, it will relate back to the date of the principal deed, and connect itself with it, so as to render it a security in the nature of a mortgage. Every person having a just title to lands of which there shall be an adverse possession may execute a mortgage on such lands; and such mortgage, if duly recorded, sliall bind the lands from the time the possession thereof shall be recovered, by the mort- CONVEYANCES BY DEED AND MORTGAGE. 143 gagor or his representatives. And every such, mortgage shall have preference over any judgment or other instrument, subse- quent to the recording thereof; and if there be two or more such mortgages, they shall severally have preference according to the time of recording the same respectively. (3 R. S., 30, 3^^ ed.) Notwithstanding the mortgage purports to be an absolute con- veyance on its face, yet the mortgagor is entitled to possession until there has been a default in payment or a breach in the cov- enants. And even then though the mortgage be forfeited ac- cording to the condition, and the estate absolutely vested in the mortgagee at common law, yet the courts will consider the real value of the property compared with the sum borrowed. And if the estate be of greater value than the sum lent thereon, they will allow the mortgagor, at any reasonable time to recall or re- deem his estate, paying to the mortgagee his principal, iut'jrest and expenses. This reasonable advantage allowed to the mort- gagor, is called the equity of redemjJtion. And when the money is due, or a breach in any of the covenants has been made, the mortgagee may call on the mortgagor, to redeem his estate, or repair the breach, or in default thereof, to have the property sold for the payment of the debt, and to be forever foreclosed from redeeming the same. If *the sale produces more than the debt, the surplus goes to the mortgagor or his heirs or assigns, and if less, the mortgagee has his remedy for the difference. It is usual to add to or insert in the mortgage a power of sale in case of default, which enables the mortgagee to obtain relief in a prompt and easy manner. This relief is by a foreclosure of the mortgage, which may be done either by an action at law, similar to the former foreclosure by a bill in equity, or by adver- tisement according to the statute. In order to foi'cclose a mortgage by advertisement, a notice that such mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, specifying the names of the mortgagor and mortgagee, and the assignee of the mortgage, if any ; the date of the mortgage and where recorded, or where the power of sale is registered ; the amount claimed to be due thereon, at the time of the first publication of such notice; and a description of the mortgaged premises, conforming substan- tially with that contained in the mortgage must be published at 144 THE CLERK'S ASSISTANT. least once in each week for twelve weeks successively, in a news- paper printed in the county where the premises intended to be sold shall be situated, or if such premises shall be situated in two or more counties, in a newspaper printed in either of them. And a copy of such notice must be affixed, at least twelve weeks prior to the time therein specified for the sale, on the outward door of the building where the County Courts are directed to be held, in the county where the premises are situated ; or if there be two or more such buildings, then on the outward door of that which shall be nearest the premises. A copy of such notice must be delivered at least twelve weeks prior to the time therein specified for the sale, to the clerk of the county in which the mortgaged premises are situated, who shall immediately afiix the same in a book prepared and kept by him for that purpose ; and who shall also enter in said book, at the bottom of such notice, the time of receiving and affixing the same, duly subscribed by said clerk, and shall index such notice to the name of the mort- gagor. And a copy of such notice must be served, at least fourteen days prior to the time therein specified for the sale upon the mortgagor or his personal representatives, and upon the subse- quent grantees and mortgagees of the premises whose convey- ance and mortgage shall be upon record at the time of the first publication of the notice, and upon all persons having a lien by or under a judgment or decree upon the mortgaged premises, subsequent to such mortgage, personally ; or by leaving the same at their dwelling house in charge of some persoi^of suitable age, or by serving a copy of such notice upon said persons, at least twenty-eight days prior to the time therein specified for the sale, by depositing the same in the post-office, properly folded and di- rected to the said persons at their respective places of residence. Such sale may be jDOstponed from time to time, by inserting a notice of such postponement, as soon as practicable, in the news- paper in which the original advertisement was published and continuing such publication until the time to which the sale shall be postponed. Such sale shall be at public auction, in the daytime, in the county where the mortgaged premises, or some part thereof are sit- uated ; except on sales of property mortgaged to the People of this State, in which case the sale "may be made at the Capitol. If the CONVEYANCES BY DEED AND MORTGAGE. 145 premises consist of distinct farms, tracts or lots, they shall be sold separately ; and no more farms, tracts or lots shall be sold than shall be necessary to satisfy the amount due on such mjortgage, at the time ot the first publication of notice of sale, with interest, and the cost and expenses allowed by law. The mortgagee, his assigns and his or their legal representa- tives, may fairly and in good faith purchase the premises so ad- vertised, or any part thereof at such sale. An affidavit of the fact of any sale pursuant to such notice, may be made by the person who officiated as auctioneer at such sale, stating the time and place at which the same took place, the sum bid, and the name of the purchaser, and shall be annexed to a printed copy of the notice of sale. An affidavit of the pub- lication of such notice of sale and of any notice of postpone- ment may be made by the printer of the newspaper in which the same was inserted, or by his foreman or principal clerk, and an affidavit of the afl&xing of a copy of such notice on the outward door of the court house, may be made by the person who affixed the same, or by any other person who saw such notice so posted during the time required, and an affidavit of the affixing a copy of such notice in the said books so to be provided and kept by the clerk, may be made by the county clerk, or by any other person who saw such notice so afpxed, during the time required ; and an affidavit of the serving a copy of such notice on the per- sons entitled to service thereof, may be made by the persons who served the same. These affidavits may be taken and certified by any judge of a Court ot Eecord, or any commissioner of deeds, or justice of the peace, and may be filed in the office of the clerk of the county where such sale took place. Such affidavit shall be recorded at length by such clerk in a book kept for the record of mortgages; and such original affidavit, the record thereof, and certified copies of such record shall be presumptive evidence of the facts therein contained. (3 R, S., 859, 5th ed.) 19 FORMS. No. X. QUIT-CLAIM DEED. Know all men by these presents, that I, A. B. of the city of Troy, for divers good causes and considerations tliereunto moving, especially for $500 received to my full satisfaction, have remised, released and forever quit-claimed, and by these presents do for myself, my heirs, executors and administrators, justly and absolutely remise, release, and forever quit-claim unto the said C. D., and to his heirs and assigns forever, all such right and title as I the said A. B. have or ought to have, in or to all that (insert here description of premises). To have and to hold the above released premises, unto the said C. D., his heirs and assigns, to his and their only proper use and behoof forever ; so that jieither I the said A. B., or any other person in my name and behalf, shall or will hereafter claim or tlemand any right or title to the premises, or any part thereof; but they, and every of them, shall by these presents be excluded and forever barred. In v^'itness whereof, I have hereunto set my hand and seal the 17th day of December, in the year of our Lord 1859. Signed, sealed and delivered, ^ • A. B. Tl. s.J in the presence of QtriT-CLAIM DEED SHORT FORM. In consideration of $100 to me in hand paid by C. D., I, A. B. hereby sell, grant, release and quit-claim to said C. D., all that certain lot (here insert description). To have and to hold the said released premises unto the said G D., and his heirs and assigns forever. Witness my hand and seal this 17tn day of December, 1859. ' A. B. [l. s.. No. 3. DEED, COVENANT AGAINST GRANTOR. This indenture, made the 17th day of December, in the year of our Lord 1859, between A. B. of the city of Albany, and S. his wife, parties of the first part, and C. D. of the same [)lace party of the second part, witne.sseth, that the said parties of the first part, for and in consideration of the sum of $1,000, to them paid, by the said party of the second part, the receipt whereof is hereby acki\owiedged, have granted, bargained, sold and conveyed, and bj CONVEYANCES BY DEED AND MORTGAGE. 147 these presents do grant, bargain, sell and convey, unto the said party of the second part, and to his heirs and assigns forevei-, all (insert description). To- gether with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, of the said par- ties of the first part, of, in or to the above described premises, and every part and parcel thereof, with the appurtenances, to have and to hold forever. And tlie said A. B., for himself, his heirs, executors and administrators, does \ covenant, promise and agree, to and with tlie said party of tlie second part, his heirs and assigns, that the parties of the first part have not made, done, committed, executed, or suffered any act or acts, thing or things whatsoever, whereby, or by means whereof, the above mentioned and described premises, or any part or parcel thereof, now are, or at any time hereafter shall or may / be impeached, charged, or encumbered, in any manner or way whatso- ever. In witness whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written. A. B. |l. S.J S. B. [l. S.J Sealed and delivered in ) the presence of ( JVo. 4. WARRANTY DEED. This nidenture, made the 19th day of December, in the year of our Lord 1859, between A. B., of the city of Hudson, and S. B. his wife, parties of the first part, and C. D. of the same place, party of the second part, witnesseth, that the said parties of the first part, for and in consideration of the sum of $1,000, lawful money of the United States of America, to them in hand paid, by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, aliened, remised, released, enfeoffed and confirmed, and by these presents do grant, alien, remise, release, enfeoff and confirm unto the said party of the second part, and unto his heirs and assigns, forever, all (insert description). Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above granted premises, with the said hereditaments and appurtenances: To have and to hold the above mentioned and described premises, with the appurtenances and every part and parcel thereof, to the said party of the second part, his heirs and assigns forever. And the said A. B., for himself, his heirs, executors and administrators, does covenant, grant, bar- gain, promise and agree, to and with the said part}' of the second part, his heirs and assigns, to warrant and forever to defend the above granted premises, and every part and parcel thereof, now being in the quiet and peaceable possession of the said party of the second part, against the said parties of the first part, their heirs, executors, administrators and assigns, and against all and every other person or persons claiming or to claim the said premises, or any part thereof. In witness whereof, the said parties of the first part have heveunto set their hands and seals the day and year first above written. Sealed and delivered in [ the presence of C A. B. [ l. s. J S. B. I L. s. ] L48 THE CLERKS ASSISTANT. JS o. 5. FULL COVENANT DEED. This indenture, made the 19th day of December, 1859, between A. B., of the city of Syracuse, and S. B. his wife, parties of the first part, and C. D., of Buffalo, party of the second part, witnesseth, that the said parties of the first part, in consideration of $500, to them duly paid, have sold, and by these presents do grant and convey to the said party of the second part, and to his heirs and assigns forever (insert description), with the appurtenances, and all the estate, right, title and interest of the said parties of the first part therein. And the said A. B. does hereby covenant and agree to and with the said party of the second part, that at the time of making this conveyance, the parties of the first part are the lawful owners of the premises above granted and are seised of a good and indefeasible estate of inheritance therein, and that they are free and clear of inchoate dower rights, and of all incumbrances whatsoever;* and the above granted premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, agamst every person whomso- ever will warrant and forever defend. In witness whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written. Sealed and delivered in I presence of f A. B. S. B. L. S. L. S. 3^0. 6. FULL COVENANT DEED, WITH A COVENANT FOR FURTHER ASSURANCE. {After the * in No. 5, insert the folhtving :) And further, that he, the said A. B.,for himself and his heirs, and all and every other person or persons lawfully claiming, or to claim, by, from, or under him or them, shall and will, from time to time, and at all times hereafter, upon the reasonable request, and at the cost and charge of the said C. D., his heirs and assigns, make and execute, or cause and procure to be made and executed, all and every such further and other lawfiil, reasonable deed or deeds whatso- ever, for the further, better, more perfect and absolute assurance and confirm- ation of the said messuage or tenement, hereditaments, and premises, &c., hereby granted or mentioned, or intended so to be, with these appurtenances, unto the said 0. D.,'his heirs and assigns, as by him or them, or by his or their counsel learned in the law, shall be reasonably advised, devised, or required. JVo. '7. FULL COVENANT DEED, WITH A COVENANT FOR QUIET ENJOYMENT. {Afte)' the * m No. 5, i^isert the following :) And the said A. B.. for himself, his heirs, executors, and administrators, does covenant, promise, grant, and agree, to and with the said C. D., his heirs and assigns, by these presents, that he, the said C. D., his heirs and assigns, shall, and lawfully may, from time to time, and at all times hereafter, peace- ably and quietly have, hold, occupy, possess, and enjoy, the said messuage or tenement, and premises, &c., hereby granted or mentioned, or intended so to be, with the appurtenances, without the lawful hinderance or molestation k CONVEYANCES BY DEED AND MORTGAGE. 149 of the said A. B., his heirs or assigns, or of any other person or persons whatsoever, by or with his or their act, consent, privity, or procurement. (Full covenant deeds are frequently drawn by inserting the covenant for further assurance. No. 6, and the covenant for quiet enjoyment, No. 7, in No. 5 at the *.) executor's deed COVENANT AGAINST GRANTOR. This indenture, made the 19th day of December in the year of our Lord .859, between A. B. and M. M. of Hudson, executors of the last will and tes- tament of R. E., deceased, late of the city of Hudson, of the first part, and G. D. of the second part, witnesseth: That the said parties of the first part, by virtue of the power and authority to them given by the said last will and testament of said R. R., deceased, and for and in consideration of the sum of 35,000 to them paid, by the said party of the second part, the receipt whereo^ is hereby acknowledged,, have granted, bargained, sold and conveyed, and by thecse presents do grant, bargain, sell and convey, unto the said party of the second part, and to his heirs and assigns forever : All (insert description) to- gether with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversions and re- mainders, rents, issues, and profits thereof And all the estate, _ right, title, interest, property, possession, claim and demand whatsoever, which the said testator had in his lifetime, and at the time of his decease, and which the said parties of the first part have by virtue of the said last will and testament or otherwise, of, in, and to the above described premises, and every part and par- cel thereof, with the appurtenances. To have and to hold forever. And the said parties of the first part, for themselves severally and not jointly, and for their respective heirs, executors, and administrators, do severally and not jointly covenant, promise, and agree, to and with the said party of the second part, his heirs, and assigns, that they have not made, done, committed, execu- ted, or suffered any act or acts, thing or things whatsoever, whereby or by means whereof, the above mentioned and described premises, or any part or parcel thereof, now are, or at any time hereafter shall or may be impeached, charged, or encumbered, in any manner or way whatsoever. In witness whereof, the said parties of the first part, have hereunto set their hands and seals the day and year first above written. Sealed and delivered in ) the presence of \ A. B. [l. s.] M. M. |l. S.J ISo. ». DEED WHERE LAND IS SUBJECT TO A MORTGAGE. (After the description of the property in either of the foregoing deeds in- sert the following:) Subject, however, to the payments, conditions and agreements, specified and contained in a certain indenture of mortgage executed by the said A. B. and his wife to one R. S., on the 10th day of May, 1857, and recorded in the county clerk's office in book No. 40 of mortgages on page 59, which said mortgage was given for the purpose of securing the payment of the sum of $500 and interest, at the time and in the manner therein specified, and upon which there is payable the sum of $500 and interest thereon from May 150 THE CLERK'S ASSISTANT. 10, 1857, whicli said sum the said party of the second part, hereby assumes and ao-rees to pay as part of the consideration hereof. ( When the deed is a warranty deed, then after the words " warrant and de- fend " insert the words " except as aforesaid.") TTq. XO. sheriff's deed ox SALE UNDER AN EXECUTION. This indenture made the 19th day of December in the year of our Lord 1859, between A. B., Sheriff of the city and county of Albany of the first part, and C. D. of the second part; whereas, by virtue of a certain execution issued out of the Supreme Court, in favor of R. P., plaintiff against M. M., de- fendant, to the said Sheriff directed and delivered, commanding him that of the goods and chattels of the said M. IL in his county he should cause to be made certain moneys in the said execution specified, and if sufficient good? and chattels of the last named person could not be found, that then he should cause the amount of such judgment to be made of the lands, tenements, real estate and chattels real, whereof the said last named person was seised at a certain time, in the said execution specified, as on reference to the said execu- tion, now of record in the said Supreme Court will more fully appear ; and whereas because sufficient goods and chattels, of the said last named person ic the said county could not be found, whereof he the said Sheriff could cause _tc be made the moneys specified in the said execution he, the said Sheriff, did, in obedience to the said command, levy on, take and seize, all the estate, right, title and interest of the said last named person, M. M., of, in, and to the lands, tenements, real estate and premises, hereinafter particularly set forth and des- cribed, with the appurtenances, and did on the 15th day of July, 1857, sell the said premises at public vendue, at the rotunda of the Merchants' Exchange in the city of Albany, he having first given notice of the time and place of such sale by advertising the same according to law, at Avhich sale the said premises were struck off, and sold to C. D. for the sum of $300, l^e, the said C. D., being the highest bidder, and that being the highest sum bidden for the same. Whereupon the said Sheriff, after receiving from the said purchaser the said sum of money, so bidden as aforesaid, gave to said C. D. such certificate as is by law directed to be given, and a certificate of such sale was duly filed at the "office of the clerk of'the Supreme Court, in the county of Albany, and whereas, the fifteen months after such sale, and the giving and filing of such certificate thereof, have expired, without any redemption, of the said premi- ses havmg been made. Now this indenture Avitnesseth, that the said party of the first part, as Sheriff as aforesaid, by virtue of the said execution, and in pursuance of the statute in such case made and provided, for and in consideration of the sum of money above mentioned, to him in hand paid, as aforesaid, the receipt whereof i& hereby acknowledged, hath granted and sold, and by these presents doth grant, sell, convey and confirm unto the said party of the second part, his heirs or assigns, all the estate, right, title and interest of the said persons against whom the said execution had been issued as aforesaid, Avhereof the said M. M., wa.s seised or possessed on the 10th day of March, 1857 (being the day mentioned in said execution), or any time afterwards, of, in and to all (insert description). Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any Avise appertaining ; to have and to hold the said abo\'e mentioned and described premises, Avith the appurtenances, unto the said part}' of the second part, his heirs and as.«igns forever, as fully and absolutely as the said party of the first part, Sheriff as aforesaid, can, may or ought to. by virtue CONVEYANCES BY DEED AND MORTGAGE. 151 of the said execution and of the statute in such case made and provided, grant, sell and convey the same. In witness whereof, the said Sheriff hath hereunto set his hand and seal, the day a'nd year first above written. A. B., fL. S.J Sealed and delivered in ) * Sheriff. the presence of f IVo. XI. guardian's deed. This indenture, made the 19th day of December, in the year 1859, between A. B., an infant under tweuty-one years of age, by C. D., his special guardian, party of the first part, and J. H., party of the second part, witnesseth: Whereas, the above named infant being over fourteen years of age, heretofore presented to the Supreme Court, a petition praying for a sale ot the right, title and interest of the said infant in the premises in said petition mentioned and hereinafter described. Upon which petition, an order of the Supreme Court was made, at a special term of said court, held at the city hall in the city o£' Albany, county of Albany, bearing date the 26th day of June, 18-59, appoint- ing C. D., above named, the special guardian of such infant, for the purposes- vi the said application, and directing that it be referred to G. H., a referee to ascertain the truth of the f;icts in such petition alleged ; and thereupon, after the said special guardian had given the security by law required, such pro- ceeuiugs were afterwards had, that by an order of the said Supreme Court, made at a special term thereofj held at the said city hall in the county of Al- bany aforesaid, bearing date the 30th day of August, in the year 1859, it was, among other things, in substance ordered, that the above named C. D., special guaidian of such infant, be authorized to contract tor the sale and conveyance of the right, title and interest of the said infant, in such real estate, for a sum not less than that specified in the referee's report in said order mentioned; and that such sale with the name of the purchaser, and the terms thereof, be reported to the said court, before the conveyance of such premises should be executed. And whereas, the said special guardian, upon terms approved of by the said referee, contracted for the sale of the said premises with J. K., for the sum of $3,000, that being the highest sum offered for the same ; and thereupon, the said guardian made his report on oath of such agreement to this court, pursu- ant to the requisitions of the last recited order, upon which an order was made, at a special term of said court, held at the city hall in Albany city, in the county of Albany, bearing date the 27th day of November, 1859, con- firming such report, approving and confirming such sale, and directing the same to be carried into effect, and ordering the said guardian to execute, ac- knowledge and deliver a deed of said premises to said party of the second part, on his complying with the terms on which, by said agreement, the same was to be delivered. And whereas, the said party of the second part has complied with the said terms, now therefore this indenture witnesseth, that the said party of the first part, by C. D., his special guardian, for and in consideration of $3,000, to him in hand paid, before the ensealing and delivery of these presents, has bargained, sold, granted, released and conveyed, and by these presents, does bargain, sell, grant, release and convey unto the said party of the second pan his heirs and assigns, forever, all (insert description), with the possession and claim of the party of the first part, of, in and to the same, and every part and parcel thereof, with the appurtenances, to have and to hold the same unto the said party of the second part, his heirs and assigns, to his and their only bene- fit and behoof, forever. o 152 THE CLERK'S ASSISTANT. In -witness whereof, the said party of the first part, by his guardian alore- said, has hereunto set his hand and seal the day and j^ear first above written. A. B. by C. D., [l. s.J Sealed and delivered in ) his Special Guardian. presence of ) No. X3. SHERIFF OR referee's DEED IN MORTGAGE CASES. This indenture, made the 19th day of December, in the year 1859, between A. B., Sheriff of Albany county {or referee) in the action hereinafter mentioned, party of the first part, and C. D., party of the second part, whereas, at a special term of the Supreme Court of the State of New York, held at the City Hall, Albany, on the 20th day of October, 1859, it was, among other things, ordered, adjudged and decreed, by the said court, in a certain action then pending in the said court, between E. F., plaintiff, against G. H., I. J., K. L., and M. N., defendants. That all and singular the mortgaged premises mentioned in the complaint in said action, and in said judgment described, or so much thereof as might be sufficient to raise the amount due to the plaintiff for principal, interest and costs in said action, and which might be sold sepa- rately, without material injury to the parties interested, be sold at public auction, according to the course and practice of said court, by or under the direction of the said A. B., Sheriff (who was appointed a referee in said action), and to whom it was referred by the said order and judgment of the said court, among other things, to make such sale ; that the said sale be made in the county where the said mortgaged premises, or the greater part thereof, are situated ; that the Sherifl' (o?- referee) give public notice of the time and place of such sale, according to the course and practice of said court, and that any of the parties in said action might become a purchaser or purchasers on such sale ; that the said Sheriff (or referee) execute to the purchaser or purchasers of the said mortgaged premises, or such part or parts thereof as should be so sold, a good and sufficient deed or deeds of conveyance for the same. And whereas the said Sheriff (or referee), in pursuance of the order and judgment of the said court, did, on the I9th day of December, 1859, sell at public auc- tion, at the rotunda of the Merchants' Exchange, in the city of Albany, the premises in the said order and judgment mentioned, due notice of the time and place of such sale being first given, agreeably to the said order; at which sale the premises hereinafter described were struck off to the said party of the second part, for the sum of $2,000, that being the highest sum bidden for the same. Now this indenture witnesseth. that the said referee (or Sherifl), the party of the first part to these presents, in order to carry into effect the sale go made by him as aforesaid, in pursuance -of the order and judgment of the said court, and in conformity to the statute in such case made and provided, and also in consideration of the premises, and of the said sum of money so bidden, as aforesaid, having been first duly paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath bargained and sold, and by these presents doth grant and convey, unto the said party of the second part, all (insert description of premises). To have and to hold, all and singular the premises above mentioned and described, and hereby conveyed, or in- tended so to be, unto the said party of the second part, his heirs and assigns, to his and their only proper use, benefit and behoof, forever. In witness whereof, the said party of the first part. Sheriff (or referee) as aforesaid, hath hereunto set his hand and seal the day and year first above written. A. B., [l. s.l .Sealed and delivered ) Sheriff (or Ee/eree). in presence of \ CONVEYANCES BY DEED AND MORTGAGE.. 153 Ifo. X3. DEED Br EXECPTORS UNDER AN AUTHORITY IN A WILL. This indenture made this 19th day of December, 1859, between A. B. and C. D., Executors of the last will and testament of E. F., late of the city of Albany, deceased, parties of the first part, and 0. P. of the same place, party of the second part, witnesseth that : Whereas the said E. F., in order to enable hi s said Executors fully to carry into effect his intentions, did, in and by his last will and testament, authorize and empower his said Executors, in any manner which they should deem pro- per, to make sale of, and execute and deliver deeds to convey, all his the said testator's real estate. Now therefore know ye, that, by virtue and authority to us given by said E. F.. in liis last will and testament, \ve, the said A. B. and C. D., Executors as aforesaid, in consideration of the sum of $500 to us paid by 0. P. (the receipt whereof is hereby acknowledged), have given, granted, bargained, sold, and conveyed, and by these presents do give, grant, bargain, ,sell, and convey, unto the said 0. P., his heirs and assigns, the following described par- cel of real estate, which was the property of the said E. F., situated in ... . , iind bounded and described as follows, to wit. (insert description). To have and to hold the aforegranted premises to him the said 0. P., his heirs and assigns, to his and their use and behoof forever. And we,_ the said A. B. and C. D., do covenant with the said 0. P., his heirs and assigns, that we are lawfully the executors of the last will and testament of said E. F. ; and that we have not made or suffered any incumbrance on the hereby-granted premises, since we were appointed Executors of said E. F., and that we have in all respects acted, in making this conveyance, in pursuance of the authority granted to us in and by the said last will and testament of the said E. F. In witness whereof, we have hereunto set our hands and seals the day and year first above written. ^- ?■ I Executor,. [^- ^'l C. D. ( I^L. S.J IVo. 14. DEED OF SHERIFF OR REFEREE IN PARTITION. This indenture, made the 20th day of December, 1859, between A. B., Sheriff {or referee appointed by the Supreme Court of the State of New York), dwelling in the city of Albany, of the first part, and C. D., of the city and county of New York, of the second ])art, witnesseth : Whereas, at a special term of the Supreme Court of the State of New York, held at the City Hall, in the city of Albany, on the 21st day of October, 1859, before his honor, Ira Harris, one of the justices of said court, it was, among other things, ordered, adjudged and decreed, by the said court, in a certain action then depending in the said court, between M. A., plaintiff, C. A., D» A., and E. H., defendants; that all and singular the premises mentioned and set forth or referred to in the complaint in said action, or so much thereof as are hereinafter particularly described, be sold by or under the direction of A. B., Sheriff (or referee ap- pointed by said court) at public auction, in the county where said premises are situated : that the said Sherift' {or referee), first give public notice of the time and place of such sale, with a brief description of the premises, according to the practice of the said court : And whereas, I, the said Sheriff (or referee) and party of the first part to these presents, in pursuance of the order and decree of the said court, did on the day of the date of these presents, sell at public auction, at the rotunda of the Merchants' Exchange, in the city of Albany, the said premises hereinafter particularly described, having first given public notice of the time and place of such sale, with a brief description of the 90 154 THE CLERK'S ASSISTAIsT. said premises, agreably to the order aforesaid, at which time and place the said premises were struck olf to and purchased by the said party of the second part to these present, for the sum of $3,000: that being the highest sum bid- den foi" tlie same. Now, therefore, this indenture witnesseth that the said party of the first part, in order to carry into effect the said sale so made as aforesaid, in pursu- ance of the decree of the said court ; and also by virtue of the statute in such case made and provided, and in consideration of the premises, and of the sum of §3,000, paid by the said party of the second part to these present, to me tlie said Sheriff {or referee) as aforesaid, the receipt whereof I do hereby ac- knowledge, .have granted, bargained and sold, conveyed -and confirmed, and by these presents do grant, bargain and sell, convey and confirm unto the said piirty of tlie second part, and to his heirs and assigns forever. All (insert description) together with all and singular the rights, titles, privileges, mem- bers, hereditaments and appurtenances to the same belonging, or m any wise appertaining. To have and to hold all and singular the said premises above mentioned and described, and hereby granted and conveyed, or intended so to be, unto the said party of the second part, his heirs and assigns, to the only proper use, benefit and behoof of the said party of the second part, his heirs and assigns forever. In witness whereof, I, A. B., the said Sheriff {or referee) have hereunto set my hand and seal the day and year first above ^titten. A. B. [l. S.J Sheriff (or Referee). DEED BY COMMITTEE OF A LUNATIC. This mdenture, made this 20th day of December, 1859, between 0. A., of the city and county of New York, committee of the person and estate of B. D., a lunatic, of the first part, and L. M. of tiie same place, of the second part, witnesseth : Whereas, by an order of the Supreme Court of the State of New York, made on the 1st day of July last past, reciting that it appeared to the said court, that the personal estate of the said B. D., are insuliicient for the payment of his debts, and that a sale of a portion of the real estate of the said lunatic was necessary for the payment thereof, said 0. A., as such com- mittee, was, among other things, authorized, empowered and directed to sell, at public or private sale, subject to the approbation of the court, the premises hereinafter described, for the purpose of paying and discharging the debts of the said lunatic, and to report the terms of sale or sales made by him, to the court, on oath, before any contract or deed should be executed. And whereas, the said 0. A. as such committee having in pursuance of said order on the 2d day of September, 18o9, made his report to the court on oath, stating that he had entered into an agreement, subject to the approbation of the court, with L. M. aforesaid, for the sale to him of the premises hereinafter described, at and for the sum of $600, to be paid on the delivery of the deed therefor. And whereas, by another order of the said court, on the 3d day of Novem- ber, 1859, it was ordered that the said report and the said agreement be rati- fied and confirmed, and that the said committee should execute, acknowledge aid deliver to the said L. M. a good and sufficient conveyance, of the tract Oi land so purchased by him, upon receiving the purchase money agreed to be paid therefor. Now, therefore, this indenture witnesseth : That the said party of the first part, committee as aforesaid, by virtue of the power and autViority conferred upon iiim by the several orders above mentioned, and in pursuance of the statute in such case made and provided, and in consideration of the sum of CONVEYANCES BY DEED AND MORTGAGE. 155 $600, the said purchase money, to him in hand paid, at or before the enseahng and delivery of these presents, by the said party of the second part, the re- ceipt whereof is hereby confessed and acknowledged, hath granted, bargfained, sold, remised, released and conveyed, and by these presents doth grant, bar- gain, sell, remise, release and convey, unto the said party of the second part, his heirs and assigns forever, all the right, title and interest, of the said luna- tic, of, in, and to all that certain (insert description). To liave and to hold the said premises and every part and parcel thereof, with the appurtenances, to the said L. M., his heirs and assigns to his and their only proper use, benefit and behoof forever. 0. A. r L. s. J ISO. 1«. DEED OF A WATER-COURSE. This indenture, made this 12th day of December, 1859, between A. B., of the town of Knox, and C. D., of the same place, witnesseth that: Whereas, the said A. B. and C. D., at the time of the sealing and delivery of these presents, are respectively seised in fee of and in two contiguous tracts, pieces or parcels of land, with the appurtenances, in the township aforesaid; and whereas, there is a dam and race, or water-course, erected and made in and upon a certain run or stream of water, within the land of the said A. B., for watering, overflownng, and improving meadow ground thereon ; now, this indenture witnesses, that said A. B., for divers good causes and considerations and in consideration of the sum of $10 to him paid by the said C. D., at or before the sealing and delivery hereof (the receipt whereof he does hereby acknowledge), has granted, bargained, sold, released, and confirmed, and by these presents does grant, bargain, sell, release and confirm, unto the said 0. D., and to his heirs and assigns, all the water of the said run or stream of water, to be led and' conveyed from the said dam, along the race or water- ■ course aforesaid, into the said land of the said C. D., for the space of four days in every week, to wit, from Tuesday evening, at sunset, to Saturday evening at sunset, from the 1st day of April to the 1st day of October, yearly and every year, for the watering, overflowing and improving of meadow ground on the land of the said C. D., together with free ingress, egress and regress, to and for the said C. D., his heirs and assigns, and his and their Avorkmen, with horses, carts and carriages, at all convenient times and seasons, through the lanil of the said A. B., his heirs and assigns, in and along the banks of the said dam and race, or water-course, for the amending, cleansing and repairing the same, when and as often as need be or occasion require. To have and to hold all and singular the premises and privileges hereby granted or mentioned or intended so to be, with the appurtenances, unto the said C. D., to the only proper use and behoof of the said C. D., his heirs and assigns forever, he or they paying one moiety or half part of the expenses which from time to time may accrue, in supporting, cleansing and repairing the dam and water-course afore- said. In witness whereof, the said parties have hereto interchangeably set their hands and seals the day and year first above written. A. B. [l. s.] C. D. [L. s.] No. XT. CORPORATION DEED. This indenture, made the 20th day of December, 1859, between the Mayor, Aldermen and Commonalty of the city of Albany {or The Hudson River Bank 156 THE CLERK'S ASSISTANT. of the city of Hudson), party of the first, and C. D., party of the second (as in the usual form of deed to the words "in witness," &c., and then add) the said party of the first part hath hereunto caused their corporate seal to be .affixed, and these presents to be subscribed by A. B., Mayor of said city [oi- President of said bank), the day and year first above written. A. B [l. s.] Mayor (or President). 3Vo. 18. sheriff's certificate of sale. I, A. B., Sheriff of the county of Monroe, do hereby certify, that by virtue of an execution issued out of the Supreme Court of the State of New York, tested on the 3d day of June, 1859, I was commanded to make of the per- sonal and real property of E. F., the sum of §400, which said sum of $400, C. D., had lately recovered again^ the said E. F., for his damages and costs in an action in which the said C. D. was plaintiff and E. F. was defendant, which said judgment was entered and docketed in said county on the 1st day of June, 1859, and for want of sufliicient personal property of the said E. F. to make the damages aforesaid, that then I sliould cause the same to be made of the real property whereof the said E. F. was seised on the 1st day of June, 1859. And for want of sufficient personal property whereof to make the damages aforesaid, I did seize and take the lands hereinafter described, to wit: (insert description,) and having advertised the same according to law, did expose the same at public sale on the 10th day of August, 1859, and the same was struck off to Gr. H., he being the highest bidder therefor, and that being the highest sum bid for the same. And I, the said A. B., Sheriff, as aforesaid, do hereby certify that the said G. H. will be entitled to a deed of said land from me, as Sheriff, aforesaid, at the expiration of fifteen months from the date hereof, unless the same shall be before that time redeemed agreeably to the provisions of the statute in such case made and provided. Given under my hand this 10th day of August, 1859. A. B., Sheriff of the County of Monroe. Wo. 1«. AFFIDAVIT TO ENTITLE A CREDITOR TO REDEEM. SUPREME COURT— Monroe County. ■^' -"^- ( Judgment recovered and docketed the 25th day of -g"^ p (■ August, 1859, at 3 h. P. M. Recovery, $253 06 Costs, 16 10 $269 16 B. B., Plaintiff's Atty. County of Monroe, ss. L. M. above named, a judgment creditor of E. F., being duly sworn, says that the true sum due on said judgment, at the time CONVEYANCES BY DEED AND MORTGAGE. 157 of claiming the right to acquire the title of G. H., the original purchaser at the sherifl's sale, of the real estate of the said E. F., in the sum of $2G9.16 and interest thereon, from the 25th day of August, 1859. Sworn to before me this . . . . ) day of , 1860. \ L. M. E. R., Commissioner of Deeds. ISO. 30. ASSIGNMENT OF SHERIFF'S CERTIFICATE OF SALE INDORSED ON THE CERTIFICATE. I, A. B. of the city of Albany, in consideration of $500 to me in hand paid, by L. M., do hereby sell, assign, transfer, and set over to the said L. M., the within certificate, with all the right, title and interest, which I have or cau have therein, or to the laud therein described by virtue thereof A. B. [l. s.j DEED OF RIGHT OF WAY. This indenture, made this 21st day of December, 1859, between A. B., party of the first part, and C. D., party of the second part, witnesseth : That the said party of the first part, for and in consideration of $100, to him in hand paid by said party of the second part, doth hereby grant, bargain, sell and convey unto the said party of the second part, and to his heirs and assigns forever, a right of way in and over a certain strip of land (here give descrip- tion) for the said party of the second part, his heirs and assigns, and his and their servants and tenants, at all times to freely pass and repass, on foot, or with horses, oxen, cattle, beasts of burden, wagons, cart, sleighs, or other vehi- cle or carriage Avhatsoever, from the highway to the lands of the said party of the second part, as aforesaid, and from the said lands of the party of the second part 'to the highway as aforesaid. To have and to hold the said ease- ment and privilege to the said party of the second part, his heirs and assigns forever. In witness whereof, the said party of the first part has hereto set his hand and seal the day and year first above written. A. B. [l. s.] RELEASE OF DOWER. To all to whom these presents shall come, A. B., relict of B. B., late of, &c., send Greeting: Know ye, that the said A. B., for and in consideration of $50 to her in hand paid, at or before the ensealing and delivery of these pre- sents, by her son C. B., hath granted, remised, released, and forever quit- claimed, and by these presents doth grant, remise, release, and forever quit- claim, unto the said C. B., his heirs, and assigns, forever, all the dower and thirds, right and title of dower, and thirds, and all other right, title, interest, property, <5laim, and demand, whatsoever, in law and equity, of her, the said A. B., of, in, and to (a certain parcel of land, &c., or if the release is intended to be a general one, say) all, and every the messuages, lands, tenements, and real estate, whereof the said A. B., died seised, or possessed, or whereof he was seised or possessed, at the time of his intermarriage with the said A. B., 158 THE CLERK'S ASSISTANT. or at any time since, wheresoever the same ma}^ he, and be situate, so that she, the said A. B., her heirs, executors, administrators, or assigns, nor any- other person or persons, for her, them, or any of them, have, claim, challenge, or demand, or pretend to have, claim, challenge, or demand any dower or thirds, or any otlier right, title, claim, or demand of, in, or to the same, or any part or parcel tliereof, in whosoever hands, seizin or possession, the same may or v.an be, but thereof and therefrom shall be utterly barred and excluded for- ever, by these presents. In witness whereof, the said A. B., has hereunto set her hand and seal this 21st day of December, 1859. A. B. fL. s.] IVo. 33. RELEASE OF DOWER BY INDORSEMENT ON A DEED. Know all men by these presents, that A. B., the widow of the within named C. D., lately deceased, in consideration of the sum of $10 to her in hand paid by the within named E. F., at or before the execution of these presents, and for divers other good causes and considerations, her thereunto moving, hath remised, released, and forever quit-claimed, and by these presents doth, for her- self, her heirs, executors, and administrators, remise, release, and forever quit- claim, unto the said E. F., his heirs, and assigns, all the dower, and right, and title of dower, and all other the estate, right, title, interest, claim, and demand whatsoever, both at law and in equity of her, the said A. B., which she now hath, or which she, her heu'S, executors, or administrators, can or may at any time hereafter, have, claim, or demand of, in, to, or out of all and singular, the said land and premises, by the within indenture conveyed, or mentioned, or intended so to be, or their appurtenances, or any part thereof, so that she, the said A. B., her heirs, executors, and administrators, or any of them, shall not, nor will, at any time hereafter, have, claim, or .pretend to any such dower or right, or title of dower, or other estate, right, title, interest, pretence, claim, or demand, as aforesaid, of, in, to, or out of the said premises, or any part thereof, with their appurtenances, but of, and from the same, and every part thereof, shall and will be from henceforth utterly debarred and excluded forever, by these pre-^ents. In witness whereof, the said A. B. has hereunto set her hand and seal this 21st day of December, 1859. A- B. [l. s.] 3Vo. S4=. RELEASE PART OF MORTGAGED PREMISES. This indenture, made the 21st day of December, in the year 1859, between A. B., of the city of New York, of "the first part, and C. D., of the same place, of the second part : Whereas, E. F., by indenture of mortgage bearing date the 10th day of May, 1855, for the consideration therein mentioned, and to secure the payment of the money therein specified, did convey certain lands and tenements, of which the lands hereinafter described are part, unto A. B., aforesaid : And whereas, the said party of the first part, at the request of the said party of the second part, has agreed to give up and surrender the lands hereinafter described, unto the said party of the second part, and to hold and retain the residue of the mortgaged lands as security for the money remaining due on CONVEYANCES BY DEED AND MORTGAGE. 159 the said mortgage : Xow this indenture witnesseth, that the said party of the first part, in pursuance of the said agreement, and in consideration of $5 to him duly paid at the time of the enseaUng and delivery of these pre- sents, the receipt Avh'ereof is hereby acknowledged, has granted, released, quit- claimed, and set over, and by these presents does grant, release, quit-claim, and set over, unto the said party of the second part, all that part of the said mortg:.:red lands finsert ili'scription) : Together with the hereditaments and appurtenances thereto belonging ; and all the right, litle, and interest of the said party of the first part, of, in, and to the same, to the intent that the lands hereby conveyed may be discharged from the said mortgage, and that the rest of the lands in the said mortgage specified may remain to the said party of the firSt part, as heretofore. To have and to hold the lands and pre- mises hereby released and conveyed, to the said party of the second part, his heirs and assigns, to his and their only proper use, benefit, and behoof, forever, free, clear, and discharged of and from all hen and claim, under and by virtue of the indenture of mortgage aforesaid. In witness whereof, the said party has hereto set liis hand and seal the day and year first above written. A. B. [l. s.] T?^o. 35. MORTGAGE — INTEREST CLAUSE. This indenture, made the 21st day of December, 1859, between A. B., of the town of G-reenbush. and C. B. his wife, parties of the first part, and E. D., of the same place, of the second part, witnesseth, that the said parties of the first part, in consideration of the sum of $1,000, to them duly paid, have granted, bargained, sold and conveyed, and by these presents do grant, bar- gain, sell and convey to the said party of the second part, and to his heirs and assigns forever, all (insert description), with the appurtenances, and all the estate, title and interest, of the said party of the first part therein : to have and to hold the same to the said party of the second part, his heirs and assigns forever.* Provided always, and these presents are on this express coniiition, that if the said A. B., his heirs, executors or administrators, shall well and truly pay, or cause to be paid, to the party of the second part, his certain attorney, heirs, executors, administrators, or assigns, the sum of $1,000, in three years from the date hereof, with interest thereon; interest at seven per cent per annum, payable semi-annually, according to the condition of a certain bond or writing obligatory, bearing even date herewith, executed by the said A. B., to the said party of the second part, which said sums the said A. B. hereby covenants to pay, then these presents shall cease and be void. And it is hereby farther provided, that in case any installment of principal, or any part thereof, or any interest moneys, or any part thereof, hereby secured to be paid, shall remain due and unpaid for the space of thirty days after the same shall by the terms hereof become due and payable, that then and in that case the whole principal sum hereby secured to be paid, together with the interest thereon, shall (at the option of the said obligee, his executors, adminis- trators or assigns), become due and payable forthwith, any thing herein con- tained to the contrary notwithstanding. And, in case default shall be made in the payment of the principal sum hereby intended to be secured, or in the payment of the interest thereof, or any part of such principal or interest as above provided, then the said party of the second part, his executors, admi- nistrators or assigns, are hereby authorized, pursuant to statute, to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount then due, with the costs and expenses allowed by law, rendering the 160 THE CLERK'S ASSISTANT. ovorplu?^ if any there may be, to the said parties of the first part, their heirs, executoj-s, administrators or assigns. In witness whereof, the said parties of the first part have hereunto set their hands and seals, the day and year first above written. A. B. [l. s.1 Sealed and deUvered in ) C. B. \u S.J the presence of J 3Vo. ae. MORTGAGE WITH COVENANT TO INSURE This indenture, made the 21st day of December, 1859, between A. B., of the town of Bethlehem, and S. B. his wife, parties of the first part, and 0. D., of the town of Knox, party of the second part, witnesseth, that the said parties of the first part, in consideration of $1,000 to them duly paid, have sold and by these presents do grant and convey to the said party of the second part, and to his heirs and assigns, forever, all (insert description), with the appurtenances, and all the estate, title and interest of the said party of the first part therein. And the said A. B. covenants with the said party of the second part, and his assigns, to keep the building now standing or hereafter to be ereclea on the above described premises, insured in some solvent insurance company in this State, to the amount of at least $800, and keep the policy of such insurance assigned to the said party of the second part and his heirs and assigns ; and in case of any failure in this covenant, the party of the second part or his assigns may effect an insurance to the amount aforesaid, and the premium and expense of such insurance maybe added to and be deemed part of the moneys hereby secured.* This grant is intended as a security for the payment of $1,000 and interest thereon, as follows: $500 in one year from the date hereof, and the balance in three years from the date hereof; interest being seven per cent per annum, payable semi-annually, on all sums unpaid, according to the condition of a certain bond or writing obligatory, bearing even date herewith, executed by the said A. B. to the said party of the second part, as a collateral security, which payments, together with all the premiums and expenses for policies of insurance, if duly made, will render this convey- ance void. And if default shall be made in payment of the principal or inte- rest above mentioned, or in keeping said premises insured, and the policy assigned as herein covenanted for, then the said party of the second part, and his assigns are hereby authorized, pursuant to statute, to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount hereby secured, with the costs and expenses allowed by law ; rendering the overplus, if any there may be, to the said parties of the first part, their heirs and exe- cutors, administrators or assigns. In witness whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written. A. B. Sealed and delivered in } ' S. B. the presence of L, S.J L. S.] ISO. ST. MORTGAGE FOR PURCHASE MONET. (Insert immediately after the description in either of the foregoing mort- gages the following :) Being the same premises this day conveyed by the said C. D. to the said A B., and these presents are given to secure the payment of (part of) the con sideration money of the said premises. CONVEYANCES BY DEED AND MORTGAGE. 161 (P. S. When the mortgage is given for the purchase money, or a part of the purdiase money, it is not necessary that the wife join in the mortgage.) No. 38. MORTGAGE TO SECURE NOTE. (As in No. 25 and No. 26 to the * and then as follows:) This conveyance is intended to secure the payment of a certain promissory note or any note given in renewals thereof; said note was given by the said party of the first part to the said party of the second part for the sum of $500 bearing date December 21, 1859, and payable one year from date thereof with interest; and if the amount of said note, principal and interest, and all notes given in renewal thereof shall be paid at maturity, then these presents shall become void ; but if default shall be made in the payment of the said note or the notes given in renewal thereof or any part thereof (o?- in keeping said premises insured, and the policy assigned as herein covenanted for), then the said party of the second part and his assigns, are hereby authorized, pursuant to statute, to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount hereby secured with costs and expenses allow- ed by law ; rendering the surplus, if any there may be, to the said parties of the first part, their heirs and executors, administrators or assigns, In witness, &c. No. ae. MORTGAGE TO SECURE INDORSER. {As in No. 25 or No. 26 to the * and then as follows.") Whereas, the said party of the second part at the request of the said party of the first part and for his benefit, has on the day of the date hereof indorsed a certain promissory note made by the said party of the first part for the sum of $600, bearing even date herewith payable one year from date. Now, there- fore, this conveyance is intended to secure the party of the second part for all principal and interest money, costs and expenses, which he may be compelled to pay m consequence of tlie failure of the said party of the first part to pay and take up said note at maturity, or any note which may be given in renewal of the same and which may be indorsed by said party of the second part; and if the amount of the said note, principal and interest, shall be paid at maturity, or of all notes which may be given in renewal of the same shall be paid, and the said party of the first part saved harmless therefrom, then these presents shall become void; but if defiiult shall be made by the said party of the first part in the payment of the said sum of money, or any part thereof, and the same be paid by or collected of the party of the second part, ihe said party of the first part doth hereby authorize and empower the said party of the second part, his heirs and assigns, pursuant to the statute, to sell the said premises hereby granted, or so much thereof as will be necessary to satisfy the amount so necessarily paid by him with the costs and expenses allowed by law ; rendering the surphis, if any there may be, to the said parties of the fiist nart, their heirs and executors, administrators or assigns. In witness, &c. 21 L62 THE CLERK'S ASSISTANT. I^o. 30. NOTICE OF SALE ON A FORECLOSURE OF A MORTGAGE BY ADVERTISEMENT. * Mortgage Sale. — By virtue of a mortgage bearing date July 6, 1855, A B., and E. his Avife, of the city of Albany, conveyed to C. D., of the same place, certain premises described in said mortgage as follows (insert descrip- tion): Said mortgage, with the power of sale therein contained, was recorded in the clerk's office of the city and county of Albany, the 7ih day of July, 1855, at 11 o'clock, a. m., in the book of mortgages No. 80, on page 650, &c.* The amouut due on said mortgage at the time of the first publication of this notice is $735. Now, therefore, notice is hereby given that said niortgaged premises will be sold at public auction to the hiijhest bidder, on the 26th day of December, 1859, at 12 o'clock noon, in the rotunda of the Merchants' Ex- change, in the city of Albany. C. D., Mortgagee. Dated September 24, 1859. B. B., Attorney. Wo. 31. NOTICE OF SALE ON A FORECLOSURE WHEN THE MORTGAGE HAS BEEN ASSIGNED. {As in No. 30 to the * and then insert the following :) Which said mortgage with the power of sale therein contained was on the 1st day of May, 1858, by an instrument in writing duly signed and sealed for a valuable consideration duly transferred and assigned to L. M., who is now the holder and owner thereof, which said assignment is duly recorded in the office of the clerk of the county of Albany in book No. 81 of mortgages ou page 700, &c. Ifo. 3». AFFIDAVIT OF PUBLICATION ON FORECLOSURE BY ADVERTISEMENT. State of New Torh, City and County of Albany, ss. J. N., of the city ol Albany, county of Albany, and State of New York, being duly sworn deposeth and saith, that he is the foreman in the office of the printer of the newspaper called the Albany Evening Journal, a public newspaper, pi-inted and pubhshed in the county of Albany, where the premises described in the annexed printed notice of sale, or a part thereof, are situated. Deponent further saith, that the notice of the mortgage sale, of which a printed copy is hereto annexed, was published for twelve weeks successively in said paper, at least once in each week, prior to the time specified in said notice for the sale of said premises; said pubhcation having been commenced on the 24th day of September, in the year 1859, and continued for twelve weeks at least, succes- sively, at least once in each week in said paper. J. N. Subscribed and sworn to before me, and certified ) by me, this 26th day of December, 1859. f L. B., Commissioner of Deeds. ISO. 33. fROOF OF POSTING NOTICE ON THE COURT HOUSE DOCK. State of New York, City and County of Albany, ss. R. R., of the city of Albany, in the county of Albany and SUte of New York, being sworn, CONVEYANCES BY DEED AND MORTGAGE. 163 pays that he did on the 24th day of September, in the year 1859, and at least twelve weeks prior to the time specified in the annexed printed notice, for the sale of the mortgaged premises therein described, affix a copy of the annexed printed notice in a conspicuous place and in a proper and substantial manner, on the outward door of the Court House or building in the city of Albany, where the county courts are appointed to be held in and for the county of x^.lbany, in which said mortgaged premises are situated, that being the Court House or building where county courts of said county are appointed to be held, nearest to said mortgaged premises. Subscribed and sworn to before me, and certified ) by me, this 2Gth day of December, 1859, ( L. B., Commissioner of Deeds. No. 34=. AFFIDAVIT OF AUCTIONEER WHO MADE THE SALE. State of New York, City and County of Albany, ss. A. D., of the city of Albany, in the county of Albany and State of New York, being duly sworn, deposeth and saith, that he officiated as auctioneer at the sale of the mortgaged premises described in the annexed printed copy of the notice of sale. Deponent further saith, that such sale Avas made at public auction in the daytime, and was conducted fairly and openly in pursuar.ce of said notice. Deponent further saith, that such sale took place at 12 o'clock at noon on the 26th day of December, in the year 1859, at the place mentioned in said printed notice, to wit : The rotunda in the Merchants' Exchange, in the city and the county of Albany, where tlie premises sold or some part thereof are situated ; that the premises so far as the same consisted of distinct tracts, farms or lots, were sold separately, and no more tracts, farms or lots were sold than were necessary to satisfy tlie amount claimed to be due on said mortgage in said notice at the day of the first publication thereof, and interests and costs and expenses allowed by law. Deponent further saitli, that every part of said premises sold by deponent was fairly struck off and sold to the highest bidder, and that the sum of $2,000 was the highest sum bid, and P. P., was the highest bidder for, and the purchaser of, the premises described in said notice of sale. A. D. Subscribed and sworn to before me, and certified ) by me this 2Cth day of December, 1859, \ , L. B., Commissioner of Deeds. 3Vo. 3ES. PROOF OF SERVING NOTICE OF SALE IN FORECLOSURE. Albany City and County, ss. M. P., of said city, being sworn says, that he did, at least 28 days prior to the time specified in the annexed printed notice for the sale of the mortgaged premises therein described, serve upon B. 0., a copy of the annexed printed notice of sale, by depositing the same in the post-office, properly folded and directed to the said B 0. at New York, his place of residence, and paying the postage thereon, and that at least fourteen days prior to the time specified in said notice of sale of the mortgaged pre- mises therein described, he served personally upon M. Q., a like printed notice 164 THE CLERK'S ASSISTANT. of sale, by handing the same to, and leaving the same with the said M. Q. at Bethlehem, in the county of Albany : and that at least fourteen days prior to the said specified time of sale, he served a like notice upon Q. M., by leaving the same at the dwelling-house of the said Q. M., in charge of a person of suitable age. Subscribed, &c. M. P. :No. 36. PROOF OIJ' AFFIXING NOTICE OF SALE IN THE PROPER BOOK IN THE COUNTY CLERK's OFFICE. Albany City and County, ss. P. M. of said city being sworn says, that he did on the 24th day of September, 1859, and at least twelve weeks prior to the time specified in the annexed printed notice for the sale of the mortgaged premises therein described, deliver a copy of such notice of sale t > the county clerk of the county of Albany, who did immediately and on the said 24:th of September, and in the presence and sight of this deponent, affix the ■?ame in the proper book kept by said county clerk for the affixing thereon of notices of sale of the foreclosure of mortgaged premises. Subscribed, &c. P. M. N. B. Nos. 32, 33, 34, 35, and 36, should each of them be annexed to the printed copy of the notice of sale. COSTS IN FORECLOSURE OF SALE BT ADVERTISEMENT STATUTE FORECLOSURE. C. D. agt. A. B., E. B., and M. Q. Drawing notice of sale folios G, at 25c. ; engrossing, at 12^c., $2 25 Printer's fees for publication, 9 00 County Clerk's fees for searches, 1 75 Copy notice of sale for printer's affidavit, folios 6, at I25C., 75 Drawing affidavit of printer, folio 1, 25c. ; engrossing, 12^0. ; affida- vit, 12^c., 50 Copy notice to post, 75c. ; posting, $1, 1 75 Three copies to serve, at 75c. each ; serving, $1 each, 5 25 Drawing affidavit ot posting, foho 1, at 25c. ; engrossing, I22C. ; affida- vit, 12^0., T 50 Drawing affidavit of serving on county clerk and affixing in the book, folios 2, at 25c ; engrossing, at I25C. ; affidavit, I25C., 87^ Copy notice for proof of posting, folios (3, at 12^0., 75 Copy notice to affix in county clerk's office, folios 6, at 12ic., 75 Drawing proof of service of notice, folio 1, at 25c.; engrossing 12^.; affidavit, I2|c., '. 50 Copy notice for proof of service of notice, folios 6, at,12ic., 75 Attorney's fees by statute, 10 00 Drawing conditions of sale, folios 2, at 25c. ; engrossing at 12^c., ... 75 Drawing copy costs, folios 2, at 25c. ; engrossing at 12^c., 75 Recording papers, when mortgagee is the buyer. CHAPTER XIII. CORONERS. Four Coroners are to be elected for every county in tlie State. They are to be elected at a general election, and to continue in office for three years. They must be residents of the county for which they are elected, and may perform the duties of the office at any place within the count}'-, except that in the city and county of New York each Coroner is limited in his duties to that of a Senate district. The Coroner enters upon the duties of his office on the first day of January succeeding his election ; he may resign his office to the Governor, or he may be removed by the Governor on charges preferred against him. The office of a Coroner will become vacant on his ceasing to be an inhabi- tant of the county for which he shall have been chosen, on his conviction of an infamous crime, or any offense involving a vio- lation of his oath of office, and on his neglect or refusal to take the oath of office within the time required by law, and on his acceptance of another office the duties of which are incompatible with those of the office of Coroner. Whenever a vacancy shall occur in the office of Sheriff of any county, and there shall be no Under Sheriff of such county then in office, or the office of Under Sheriff shall become vacant, it shall be the duty of the County Judge of the county to designate one of the Coroners of the county to execute the office of She- riff until a Sheriff shall be elected or appointed and qualified. Previous to entering upon the duties of Sheriff, the Coroner must file a bond in the office of the County Clerk, in like form and with like sureties as a Sheriff of the county. The duties of Coroners are : to hold inquests upon the body of any person that has been slain, or has suddenly died, or has been dangerously wounded, or has been found dead under such circumstances as to require an inquisition withni their jurisdio- 166 THE CLERK'S ASSISTANT. tion : to issue process for tlie arrest, and to take the examination of any one charged upon an inquest with murder, manslaughter or assault: to act as conservator of the public peace: to 1'ike charge of any wrecked property which may be found in their jurisdiction : to execute process whenever the sheriff of the county shall be a party in the suit : and to discharge the duties of the sheriff in the cases above mentioned. The duties of Coroners upon inquests, and in the examination of prisoners charged upon inquest with murder, manslaughter or assault, must be executed by them in person, and not by deputy. Whenever any Coroner shall receive any notice that any per- son has been slain, or has suddenly died, or has been danger- ously wounded, or has been found dead under such circumstan- ces as to require an inquisition, it shall be the duty of such Coroner to go to the place where such person shall be, and forthwith to summon not less than nine nor more than fifteen persons, qualified by law to serve as jurors, and not exempt from such service, to appear before such Coroner forthwith, at such place as he shall appoint, to make inquisition concerning such death or wounding. Whenever six or more of the jurors shall appear, they are to be sworn to make a true inquisition ac- cording to the evidence offered them, or arising from an inspection of the body. . The Coroner has power to issue subpoenas for witnesses and to compel their attendance, and it is his duty to cause some surgeon or physician to be subpoenaed to appear as a witness upon the taking of such inquest. The Coroner is to swear Or affirm the witness and conduct the examination, and reduce the testimony to writing, and the jurors may ask questions. The jury, upon the inspection of the bodj^ of the person dead or wounded, and after hearing the testimony, shall deliver to the Coroner their inquisition in writing, to be signed by them, in which they shall find and certify how and in what manner, and when and where, the person so dead or wounded came to his death or was wounded, as the case may be, and who such per- son was; and all the circumstances attending such death or wounding, and who were guilty thereof, either as principal or accessory, and in what manner. If the jury find that any murder, manslaughter or assault COROiVERS. 167 has been committed, the Coroner shall bind over the witnesses to appear and testify at the next Criminal Court, at which an in- dictment for such offense can be found, that shall be held in the county. And in such case, if the party charged with an}' such offense be not in custody, the Coroner shall have power to issue process for his apprehension, in the same manner as justices of the peace. The testimony taken by the Coroner is to be returned with the inquisition of the jury, and all recognizances and ex- aminations taken by such Coroner, to the next criminal court of record that shall be held in the county. All moneys and other valuable things which may be found with or upon the bodies of persons on whom inquests may be held, which shall not be claimed by the legal representatives of j5uch person or persons are to be delivered to the treasurers of the respective counties. The Coroners' fees and expenses are a charge upon the county, but before auditing and allowing their accounts the Supervisors are to require from them, respectively, a statement, in writing, verified by oath, or affirmation, of all money or other valuable things, found as aforesaid, and of the disposition of the same. The Coroner must execute all process in actions where the-^ Sheriff" is a party, except when otherwise provided by law, and; for this purpose he has the same authority, and is subject to the- same or similar provisions and liabilities as the Sheriff". When- he arrests a person at the suit of the Sheriff, he may confine- such person in the common jail of the county, but he will not be liable for any escape therefrom. If the prisoner gives bonds for the liberties, such bonds must be given to .the Coroner' and then he becomes liable for the escape of the prisoner. If the Sheriff, when arrested by the Coroner, neglect to give bail, the Coroner is required to confine him in some house within the lib- erties of the jail of the county, and such house thereupon be- comes the county jail for the use of the Coroner,, and the Coro- ner is liable for any escape, and he may take bonds for the liberr ties, in the same manner as the Sheriff in other cases. In case of the absence or inability of the Coroner of the city and county of New York, any Alderman or Special Justice of the city may perform any duty appertaining to the office of such Coroner, in regard to holding inquests. FORMS. No. 1. ASSIGNIIENTS OF DISTRICTS TO THE SEVERAL COROJTERS IN NEW TORE CITT. City of N&iv York, ss. I, F. W., Mayor of the city of New York, in accord- ance with the statute in snch case made relative to the assignment of the districts in which the several coroners of the said city shall exercise the duties of their office, do hereby assign and appoint the several Senate districts of the said city to the following persons, elected such coroners at the last general election, viz. : the fourth Senate district to A. B., the fifth Senate district to C. D., the sixth Senate district to E. F., and the seventh Senate district to G. H. Dated December 10, 1859. F. W., Mayor of New York. JS'o. 2. SUBPCENA FOR WITNESS. The People of the State of New York to A. B. : We command you and each of you, that all business and excuses being laid aside you be and appear before the subscriber, one of the coroners of the county of Albany, at the house of C. D., in the town of Knox, at 10 o'clock in the forenoon of the 29th December, 1859, {or forthwith) to testify and give evidence upon an inquest then and there to be had upon the body of G. H., deceased (or a person whose name is unknown), {or upon the examination of J. K, charged upon inquest with the murder of L. M.), and hereof fail not at your peril Witness the hand of the said coroner this 28th day of December, 1859. G. C, Coroner No. 3. ATTACHMENT AGAINST A WITNESS FOR NOT APPEARING. The People of the State of New York to the Sheriff or to any Constable oi the county of Albany : We command you that you attach A. B., and forthwith bring him before the subscriber, one of the coroners of said county, at the house of C. D., iu the town of Knox in said county, to testify and give evidence upon a certain inquest (set forth as in the above subpoena), and also to answer all such mat- ters as shall be inquired of him, for that he having been duly subpenaed to attend upon such inquest, has refused and neglected to attend in conformity to such subpoena, and have you then there this writ. Witness the hand of the said coroner this 29th day of Decemboi, 1859. Gr. C, Coroner. CORONERS. 169 No. 4. RETURN TO ATTACHMENT INDORSED THEREON. I have arrested the within named A. B., and have him now here in my cus- tody, as I am within commanded. December 29, 1859. R. P., Sheriff. No. 5. OATH TO THE FOREMAN OF A CORONER's JURY You do swear that as foreman of this jury, you will well and truly inquire how and in what manner, and when and where, the person lying here {or whose body you now see or have just seen) came to his death {or was wound- ed), and who such person was, and into all the circumstances attending his death [or wounding) and by whom the same was produced ; and that you will make a true inquisition thereof according to the evidence offered you, or arising from the inspection of the body. So help you God. No. 6. OATH OF THE OTHER JURORS. The same oath which C. D., the foreman of this inquest hath taken, you and each of you, do now take, and shall well and truly observe and keep on your parts respectively. So help you God. No. 7. OATH OF A WITNESS ON A CORONER's INQUEST. The evidence you shall give to this inquest, touching the death of L. M. (or the person whose body has been viewed), shall be the truth, the whole truth, and nothing but the truth. So help you God. No. 8. INQUISITION OF MURDER. State of New Yorh, Dutchess County , ss. An inquisition taken for the Peo- ple of the State of New York, at in the county of aforesaid, the 30th day of December, in the year 1859, before me, A. S., one of the Coro- ners of the said State for the county aforesaid, upon the view of the body of F. D., then and there lying dead, upon the oaths of A. B., 0. D., good and lawful men of the said county, who being sworn and charged to inquire on the part of the People of the said State, when, where, how, and after what manner the said F. D., came to his death, do say * upon their oath aforesaid, that one G. H., late of, &c., on the day of in the year, &c., at the first hour in the night of the same day, with force and arms, at in the county aforesaid, in and upon the body of the aforesaid F. D., then and there being, in the peace of God and the said people, feloniously, violently, and of his malice aforethought, made an assault ; and that the aforesaid G. H. then and there with a certain sword made of iron and steel, which he, the said G. H., then and there held in his right hand, the aforesaid F. D., in and 22 [70 THE CLERK'S ASSISTANT. . upon the left part of the belly of the said F. D., a little above the navel of the said F. D., then and there violently, feloniously, and of his malice aforethought struck and pierced, and gave to the said F. D., then and there with the^ sword aforesaid, in and upon the aforesaid left part of the belly of the said F. D., a little above the navel of the said F. D., one mortal wound, of the breadth of half an inch, and of the depth of three inches, of which said mortal wound the said F. D. then and there instantly died; and so the said G. H., then and there feloniously killed and murdered the said F. D.^ against the peace of the People of this State, and their dignity. And the said jurors further say, upon their oath aforesaid, that 0. 0., of, &c., yeoman, and P. P., of, &c., yeoman, were feloniously present with loaded pistols at the time of the felony and murder aforesaid, in form aforesaid committed, that is to say, on the said day of in the year aforesaid, at aforesaid, in the county aforesaid, at the first hour in the night of the said day then and there comforting, abetting, and aiding the said G. H., to do and com- mit the felony and murder aforesaid, in manner aforesaid, against the peace of the People "of the State and their dignity. And moreover, the jurors aforesaid, upon their oath aforesaid, do say, that the said G. H., 0. 0. and P. P., had not, nor had any of them, nor as yet have or hath, any goods or chattels, lands or tenements, within the county- aforesaid, or elsewhere, to the knowledge of the said jurors (or, " that the said G. H., &c., at the time of doing and committing the felony and murder aforesaid, had goods and chattels, as contained in the inventory to this inqui- sition annexed, which remain in the custody of K. R."/ In witness whereof, as well the said corner, as the jurors aforesaid, have to this inquisition set their seals on the day and year .aforesaid, at the place afore- said. A. B., C. D., any express or implied trust or confidence, that he should be- come a petitioner for such insolvent. Every such insolvent shall annex to and deliver with his peti- tion, to the officer to whom it shall be presented, a schedule con- taining : 1. A full and true account of all his creditors : 2. The place of residence of each creditor, if known to such insolvent ; 1^84 THE CLERK'S ASSISTANT. and if not known, the fact to be so stated ; 3 The sum owing to each creditor, and the nature of each debt or demand, whether arising on written security, on account or otherwise ; 4. The true cause and consideration of such indebtedness in each case, and the place where such indebtedness accrued ; 5. A statement of any existing judgment, mortgage or colhiteral or other security, for the payment of any such debt ; 6. A full and true inventory of all the estate, both real and personal, in law and equity, of such insolvent, of the incumbrances existing thereon, and of all the books and vouchers and securities relating thereto. Such petitions are to be presented to any justice of the Supreme {'ourt, County Judge or Kecorder of cities. The officer receiv- ing such petition and accompanying papers shall make an order requiring all the creditors of such insolvent to show cause, if any they have, why an assignment should not be made and the insolvent be discharged of his debts. Notice of such order and its contents must be published in the State Paper, and in a news- paper printed in the county in which such application is made if there be one, and if there be none, in a newspaper printed nearest to such county, and if one-fourth of such debt shall have accrued in the city of New York such notice is to be published in a newspaper in that city. If the creditors reside within one hun- dred miles, the notice is to be published once in each week for six weeks, if more than one hundred miles once in each week for ten weeks successively ; and a like notice is to be served on all the creditors of the insolvent in the United States, if personally, twenty days before the hearing, if by mail forty days before the hearing ; proof of the publication and service of the notices must be made to the ofl&cer on the hearing. On the day or at the time appointed in such order, or on a subsequent day or term, the oflEicer or the court, shall proceed to hear the proofs and allegations of the parties. Any creditor may oppose the discharge, and may demand that the case of such insolvent be heard and determined by a jury. If there be no opposition to such discharge, or if the ver- dict of the jury be in favor of the insolvent, then the officer or court shall direct an assignment of all such insolvent's estate, both in law and equity, in possession, reversion, or remainder, excepting such articles of wearing apparel and bedding as shall DEBTOR AND CREDITOR. 185 be deemed reasonable or necessary. Such assignment is to be made to the person nominated by the creditors, or by those con^ stituting the two-tiiirds required. Upon the execution and deli- very of the assignment and of the property, such insolvent is to be discharged from his debts and from imprisonment. A discharge, regularly and properly obtained, will discharge and exonerate such insolvent from all debts due at the time of the assignment, or contracted before that time, founded upon contracts made since April 12, 1813, within this State ; and from all debts owing to persons resident within this State at the time of the first publication of the notice of application for discharge, or owing to persons not residing within this State, who united m the petition for his discharge, or who shall accept a division from his estate. Every discharge granted to an insolvent shall be void, if sucn insolvent shall have willfully sworn false, or if after the presen- tation of the petition he shall collect any debt without render- ing an account of the same, or if he shall secrete any part of his estate, or if he shall fraudulently conceal the names of any of his creditors, or the amount due them, or if in order to obtain his discharge he shall procure any person to become a petitioning creditor, for any sum not due in good faith, or if he pay or consent to the payment of any portion of any debt, on condition that such person to whom paid shall join in the petition, or abstain or*desist from opposing the discharge, or if he shall be guilty of any fraud whatever, contrary to the pro- visions of the statute. When any person shall have been actually imprisoned for more than sixty days upon execution in any civil action, any creditor having a demand against such person, to the amount of $25, may apply by petition to compel an assignment of the estate of such debtor. Every insolvent debtor may present a petition, praying that his estate may be assigned for the benefit of all his creditors, and that thereafter his person may be exempted from arrest or impri- sonment, by reason of any debts arising upon contracts previ- ously made, and if in prison, that he may be discharged from his imprisonment. And every person imprisoned by virtue of one or more executions in civil causes, upon which there shall be 24 186 THE CLERK'S ASSISTANT. due a sum not exceeding $500, may at any time petition for his discharge ; if imprisoned for a sum exceeding $500 he may peti- tion for his discharge after he shall have been imprisoned for three months. In case one of the trustees or assignees dies, the business is to be settled by the survivor or survivors, and if the survivor or a sole trustee shall die, then the judge or court before whom the proceedings have been had may appoint another trustee or assignee. The trustees or assignees are to take possession of the estate, and convert the same as speedily as possible into money, and after deducting the necessary disbursements made by them in the discharge of their duty, and their commissions, to pay over the residue of the moneys to the creditors, paying first those having prior claims, by attachment or otherwise ; and if, after settling with the creditors, there be a surplus, such surplus to be paid the debtor or his legal representatives. FORMS PTo. 1. A LETTER OF LICENSE TO AN EMBARRASSED DEBTOR. To all to whom these presents shall come, we, C. D., F. E., &c., who have hereunto subscribed our names, and affixed our seals, creditors of A. B., send Q-reeting: Whereas, the said A. B.. on the 10th day of January, 1860, is indebted unto us, hereunder named, in divers suras of money, which at present he is not able to pay and satisfy, without time be given him for payment thereof; know ye, therefore, that we, the said several creditors, and each and every one of us, at the particular request of the said A. B., have given, and by these presents, do give and grant, unto the said A. B . full liberty, license, power, and authority, to go about, attend, follow, and negotiate any affairs, business, matters, or things whatsoever, without any let, suit, arrest, attachment, or any other im- pediment to be ofifered or done unto the said A. B., his wares, goods, moneys, or other effects whatsoever, by us or either of us, or by the heirs, executors, administrators, partners, or assigns of us, or either of us, or by our, or any of our, means or procurement, to be sought, attempted, or procured to be done, for and during twelve months next and immediately ensuing the date hereof. And further,' we, the said creditors do, and each of us doth, covenant and grant, for ourselves, our heirs, executors, administrators, and assigns, respect- ively, and not jointly, or one for another, or for the heirs, executors, adminis- trators, or assigns of each other, to and with the said A. B., that we, or either of us, our heirs, executors, administrators, or assigns, or either of them, shall not, nor will, during the time aforesaid, sue, arrest, attach, or prosecute the said A. B., for or on account of our respective debts, or any part thereof; and that, if any hurt, trouble, wrong, damage, or hindrance be done unto the said A. B., either in body, goods, or chattels, within the aforesaid term of 12 months next ensuing the date hereof, by us or any of us the said creditors, or by any person or persons, by or through the procurement or consent of us, or any of us, contrary to the true intent and meaning of these presents, then the said A. B., by virtue hereof, shall be discharged and acquitted forever, against such of us the said creditors, his and their heirs, executors, administrators, or assigns, by whom and by whose will, means, or procurement, he shall be ar- rested, attached, imprisoned, grieved, or damaged, of all manner of actions, suits, deeds, debts, charges, sum and sums of money, claims and demands whatsoever, from the beginning of the world to the day of the date hereof. In witness whereof, we have hereunto set our hands and seals the day first above written. . C. D. 'L. 9. J F. E., &c. [l. 3,J 1.88 THE CLERK'S ASSISTANT. A COiMPOSITION WETH CREDITORS. To all to whom these presents shall come, we whose names are here under written, and seals affixed, creditors of A. B., send Greeting : Whereas, the said A. B. doth justly owe, and is indebted unto us, his said several creditors, in divers sums of money ; but by reason of many losses, great hindrances, and other damages happened unto the said A. B., he is be- come utterly unable to pay and satisfy us our full debts, with such goods, wares, and merchandises which he hath, which we the said creditors are unwil- ling to accept of, or any wise to intermeddle with the same ; and, therefore, we the said creditors have resolved, and agreed to undergo a certain loss, and to accept of 50 cents for every dollar owing by the said A. B. to us, the sev- eral and respective creditors, aforesaid, to be paid in full satisfaction and dis- charge of our several and respective debts. Now know ye, that we the said creditors of the said A. B., do for ourselves severally and respectively, and fur our several and respective heirs, executors, and administrators, covenant, promise,. compound, and agree to, and with the said A. B., his executors, and administrators, and to, and witli every of them by these presents, that \vv tije said several and respective creditors, our several and respective heirs, execu- tors, administrators, and assigns, shall and will accept, receive, and take of, and from the said A. B. his executors, and administrators, for each and every dollar that the said A. B. doth owe, and is indebted to us, the said several and respective creditors, the sum of 50 cents in full discharge and satisfaction of the several debts, and sums of money, that the said A. B. doth owe and stand indebted unto us, the said creditors lespectively ; so that the said sum of 50 cents to be paid for each and every dollar that the said A. B. doth OAve and standeth indebted unto us, the said several and respective creditors, be paid unto us the said several and respective creditors, our several and respective executors, administrators, or assigns, within the time or space of 6 montlis next after the date of these presents: And we the said several and respective creditors, do severally anil respectiveh'', for ourselves, our several and respec- tive heirs, executors, administrators, and assigns, covenant, grant, promise, and agree, to and with the said A. B., his executors, and administrators, that the said A. B., his executoi-s, administrators, and assigns, shall and may from time to time, and at all times within the said term or space of 6 months next ensuing the date hereof, assign, sell, or otherwise dispose of his said goods and chattels, wares and merchandises, at his and their own free will and pleasure, for and towards the payment and satisfaction of the said 50 cents for every dollar the said A. B. doth owe, and is indebted, as aforesaid, unto us the said respective creditors; aiid that neither we the said several and respec- tive creditors, or any of us, nor the executors, administrators, or assigns of us, or any of us, shall or will, at any time or times hereafter, sue, arrest, molest, trouble, imprison, attacli, or condemn, the said A. B., his executors, or admin- istrators, or his or their goods and chattels, for any debt or other tiling now due and owing to us, or any of us, his respective creditors aforesaid ; so as the said A. B., his executors, or administrators, do well and truly pay, or cause to be paid unto us his said several and respective creditors, the said sum of 50 cents for every dollar he doth owe, and standeth indebted unto us respectively, within the said time or space of 6 months next ensuing the date hereof. In witness. &c. DEBTOR AND CREDITOR. 189 3yo. 3. PETITION OF INSOLVENT AND HIS CREDITORS UNDER THE TWO-THIRD ACT. To the honorable Gr. W., Judge of Albany county (or one of the Justices of the Supreme Court) : The petition of B. C, of the city of Albany, an insolvent debtor, now actually an inhabitant of the city of Albany, and county of Albany, and State of New York, and so many of his creditors residing within the United States, as have debts in good faith owing to them by the said insolvent, amounting to at least two-thirds of all the debts owing by him to creditors residing within the United States, praying that the estate of the said insolvent may be assigned unto M. P. and N. C, assignees nominated by the said creditors to receive the same for the benefit of his creditors ; and further, that the said insolvent may be discharged from his debts, according to the provisions of the statute for the discliarge of an insolvent from his debts. Dated the 10th day of jSTovember, 1859. B. C. E. F., $500 00 G. a, 638 25 I^o. 4. AFFIDAVIT AS TO RESIDENCE OF PETITIONER. State of New York, County of Albany, ss. B. B., being duly sworn, says that B. C, the insolvent in the annexed petition named, is an inhabitant actually residing within tlie city of Albany in the county of Albany. B. B Sworn before me, the 10th day ) of November, 1859, ) R. P., Commissioner of Deeds. I«fo. 5. SCHEDULE OF INSOLVENT'S DEBTS. A full and true account of all the creditors of B. C, an insolvent debtor, with the place of residence of each, the sum owing to them and each of them by the said insolvent, the nature of each debt, with the true cause and cou- fiideration thereof, and the place where the same accrued. CREDITORS. N. V. G. RESIDENCE. New York. AMOUNT. 6343 25. NATURE OF DEBT, WITH THE TRUE CAUSE AND CONSIDERA- TION THEREOF. Goods, wares and mdse. ACCRUED AT New York. avo. e. AFFIDAVIT OF RESIDENCE OF CREDITORS. Before the Hon. G. W., Albany County Judge, in the matter of the appli- cation of B. C, an insolvent debtor, together with his creditors, &e., pursuant to Art. 3, Chap. 5, Title 1, Part 2, of the Revised Statutes. X90 THE CLERK'S ASSISTANT. City and County of Albany, ss. B. C, the above named insolvent being duly sworn {or affirmed) says, that the places of residence of the creditors of this deponent residing in the United States where such place is known to deponent, are as follows, that is to say : NAMES OF CREDITORS. PLACE OF RESIDENCE. L P Hudson, N. Y. And further says not ^' ^• Sworn, &c. 3Vo. '7. AFFIDAVIT OF ONE OF THE PETITIONING CREDITORS. State of New York, City and County of Albany, ss. C. P., being duly sworn says, that he resides in the town of Bethlehem, county of Albany and State aforesaid, and is one of the petitioning creditors of B. C, an insolvent debtor, and that the sum of $600 lawful money of the United States, being the sum annexed to the name of this deponent, subscribed to the petition, is justly due to him from the said insolvent for goods. Wares, and merchandise sold and delivered by this deponent to the said B. C. (the nature of the demand should be stated fully), and that neither he, nor any person to his use, hath received from the said insolvent, or any other person, payment of any demand, or any part thereof, in money, or in any way whatever, or any gift or reward what- soever, upon any express or implied trust or confidence, that he should become a petitioner for the said insolvent. Sworn to before me, &c. 1 JVo, AFFIDAVIT OF ONE OF COPARTNERSmP PETITIONING CREDITORS. State of New York, City and County of Albany, ss. R. G-., being duly sworn deposes and says, that he resides in the city of Albany, county of Albany and State aforesaid, and is a partner of the firm or copartnership of G. and Brother, and who, as one of the copartners, and in their behalf, hath subscribed to the petition the name or firm of their said copartnership, as peti- tioning creditors of B. C, an insolvent debtor, and that the sum of $1,000 lawful money of the United States, being the sum annexed to the name of the said copartnership subscribed to the petition, is justly due to them from the said insolvent, for iron and nails sold and delivered by said copartnership firm to the said B. C, and that neither he, nor any person to his or their use, hath received from the said insolvent, or any other person, payment of any demand, or any part thereof, in money, or in any other way whatever, or any gift or reward whatsoever, upon any express or implied trust or confidence, that he or they should become a petitioner or petitioners for the said insolvent. Sworn before me, ) I^- ^• &c., ] JSo. ». INVENTORY OF PETITIONER. A full and true inventory of all the estate, both real and personal, in law and equity, of B. C, an insolvent debtor, of the incumbrances existing thereon, and of all the books, vouchers, and securities, relating thereto. Twenty shares of stock in the Canal Bank. House aud lot jSTo. 528 Hudson street, &c., &c. Dated Nov. 11, 1859. B- C. DEBTOR AND CREDITOR. 191 No. lO. OATU OF AN INSOLVENT. Ftate of New YorJc, County of Albany, ss. I, B. C, of the city vf Albany, do swear that the account of my creditors, and the inventory of my estate, which are annexed to my petition and herewith delivered, are in all respects just apd true ; and that I have not, at any time, or in any manner whatsoever, disposed cf or made over, any part of my estate for the future benefit of my- self or my family, or in qrder to defraud any of my creditors ; and that I have in no instance created or acknowledged a' debt for a greater sum than I Honestly and truly owed ; and that I have not paid, secured to be paid, or in any way compounded with any of my creditors, with a view fraudulently to obtain the prayer of my petition, B. C. Subscribed and sworn, &c. i»ro. XX. AND THAT CREDITORS SHOW CAUSE. It is hereby ordered, that all the creditors of B. C, an insolvent debtor, be required to show cause, if any they have, before me, on the 20th day of De- cember next, at ten o'clock in the forenoon, at my office. No. 87 State street, Albany, why an assignment of the said insolvent's estate should not be made, and he be discharged from his debts, pursuant to the provisions of the statute for the discharge of an insolvent from his debts. Notice of which is to be published for ten weeks in the State paper, and in the newspaper printed in the city of Albany, entitled the Albany Express (and in the newspaper printed in the city of New York, entitled the Daily Tribune). And I hereby direct that notice of this order be served either in person or by lettei', on each of the creditors of the said B. C, insolvent, residing in the United States, and whose place of residence is known to the said B. C, insolvent. And the ser- vice of the notice of this order shall be made on each of the said creditors in person or by letter, addressed to him by mail, at his known and usual place of residence. If such service shall be personal, then it shall be at least twenty days, and if by mail, then forty days, before the said 20th day of December next. G. W., Albany County Judge. Dated the 5th day of September, 1859. No. 13. NOTICE TO CREDITORS AND TO PUBLISH. In the matter of the application of B. C, an insolvent debtor, together with his creditors, &c., pursuant to Art. 3, Chap. 5, Title 1, Part 2, of the Revised Statutes. You will please to take notice, that on the 5th day of September, in the year 1859, an order \yas granted by the Honorable G. W., Albany County Judge, on the petition of B. C, of the city of Albany, an insolvent debtor, and so many of his creditors residing within the United States whose debts amounted to at least two-thirds of all the debts owing by the said B. C, to creditors residing within the United States, requiring all the creditois of the said B. C. to show cause before him at his office in the city of Albany, on the 20th 192 THE CLERK'S ASSISTANT. day of December, 1859, at ten o'clock in the forenoon of that day, why an assignment of the estate of the said B. C. should not be made, and he be dis- charged from his debts, pursuant to the provisions of the third article of the fifth chapter of the first title of the second part of the Revised Statutes. B. M., Dated September 5th, 1859. Attorney for Insolvent. To ISo. 13. PROOF OF SERVICE OP NOTICE TO BE INDORSED ON A COPY OF THE NOTICE. Albany City and County, ss. M. P., being sworn says, that on the 6th day of September, 1859, at Albany, he served personally on J. G. a notice, of which the within is a copy ; and that on the 7th clay of September, 1859, he served a like notice upon M. M., by properly folding the same and putting it in an envelop, directed to the said M. M., at Syracuse, his residence, and paying the postage thereon. M. P. Sworn, &c. No. 14. ORDER FOR ASSIGNMENT. Whereas, B. C, an insolvent debtor, did, in conjunction with so many of liis creditors residing within the United States as have debts in good faith owing to them by the said insolvent, amounting to at least two-thirds of all the debts owing by him to creditors residing within the United States, present a petition to me for the purpose of being discharged from his debts, pursuant to the provisions of the third article of the first title of the fifth chapter of the second part of the Revised Statutes; upon the hearing of which it satisfactorily appeared to me that the said insolvent is justly and truly indebted to the peti- tioning creditors in the sums by them respectively mentioned in their affida- vits annexed to the petition : that such sums amount in the aggregate to two- thirds of all the debts owing by him, at the time of presentmg his petition, to creditors residing within the United States, and that he has honestly and fairlj^ given a true account of his estate, and has in all things conformed to the matters required of him by the said article. And that due notice of this application has been served upon all the creditors of said insolvent residing in the United States, whose places of residence are known to him, and has been published in the manner required by law. I do therefore direct that an assignment be made by the said insolvent to M. P. and N. 0., assignees nomi- nated by the said creditors, of all his estate, both in law and equity, in pos- session, reversion, or remainder, excepting from the articles mentioned in his inventory such articles of wearing apparel and bedding as is reasonable and necessary for the said insolvent and his family to retain, and also his arms and accoutrements. G. W., Albany County Judge. Dated the 20th day of December, 1859. DEBTOR AND CREDITOU. 193 CERTIFICATE OF ASSIGNEES THAT ASSIGNMENT HAS BEEN MADE. We do hereby certify, that B. C, an insolvent debtor, has this day granted, conveyed, assigned and deUvered to us for the use and benefit of all his cre- ditors, all his estate, real and personal, both in law and equity, in possession, reversion or remainder, and all books, vouchers and securities, relating to the same, except such articles of wearing apparel and bedding as are reasonable and necessary for the said insolvent and his family to retain, and also his arms and accoutrements. In witness whereof, we have hereunto set our hands and seals this 20th day of December, in the year 1859. M. P. [l. S.J Executed in the presence of N. 0. [l. s.] E. R. S. S. ASSIGNMENT. Know all men by these presents, that I, B. C, having become insolvent,, did, in conjunction with so many of my creditors, residing within the United States, whose debts in good faith amount to two-thirds of all the debts owing by me to creditors residing within the United States, present a petition to the honorable G. W., Albany County Judge, praying for relief, pursuant to the provisions of the statute authorizing an insolvent debtor to be discharged from his debts: whereupon the said G. W., ordered notice to be given to all my creditors to show cause, if any they had, before him, at a certain day and place, why the prayer of the petitioner should not be granted ; which notice was duly published and served, and no good cause appearing to the contrary, he being satisfied that the proceedings were just and fair, and that I had in all things conformed to those matters required by the said statute, directed an assignment of all my estate to be made by me for the benefit of all my creditors. Now therefore know ye, that in conformity to the said direction, I have granted, released, assigned and set over, and by these presents, do grant, release, assign and set over, unto M. P. and K 0. the assignees nominated to receive the same, all my estate, real and personal, both in law and equity, in, possession, reversion or remainder, and all books, vouchers and securities relating thereto, to hold the same unto the said assignees, to and for the use of all my creditors. In witness whereof, I have hereunto set my hand and seal, this 20th day of December, in the year 1859. B. 0. \h. a] Sealed and delivered in the presence of I No, XT. ACKNOWLEDGMENT OF ASSIGNMENT. State of New York County of Aihany, ss. On the 20th day of December, in the year 1859, before me came B. C, to me known to be the individual described in and who executed the above assignment, and the said B. C, tcknowledged that he executed the same. 25 1.94 THE CLERK'S ASSISTANT. av o. 18, DISCHARGE. To all to whom these presents shall come or may concern, I, G. W., Albany County Judge, send Greeting : Whereas, B. C, an insolvent debtor, residing within • the said county, did, in conjunction with so many of his creditors, residing within the United States, as have debts in good faith owing to them by the sai i insolvent, amounting to at least two-tlxirds of all the debts owing by him to creditors residing within the United States, present a petition to me, praying that the estate of the said insolvent might be assigned for the benefit of his creditors, and he be discharged from his debts, pursuant to the provisions of the statute authorizing an insolvent debtor to be discharged from his debts ; whereupon I ordered notice to be given as required by law, to all the creditors of the said insolvent to show cause, if any they had, before me, at a certain time and place, why an assignment of the said insolvent's estate should not be made, and he be discharged from his debts, proof of the service whereof on such of the creditors of said insolvent whose places of residence are known to the insolvent, as required by law, and of the publication whereof hath been duly made. And whereas, it satisfactorily appears to me that the doings on the part ot the creditors are just and fair, and that the said insolvent has conformed in all things to those matters required of him by the said statute, I directed an assignment to be made by the said insolvent of all his estate, real and per- sonal, both m law and equity, in possession, reversion, or remainder, to M. P. and K 0., assignees nominated by the creditors to receive the same ; and the said insolvent having, on the 20th day of December, 1859, made such assign- ment, and dehvered to said assignee all his said estate, and produced to me a certificate thereof executed by the said assignees and duly proved, and also a certificate of the Clerk of this county, that such assignment is duly recorded in his office : Now, therefore, know ye, that by virtue of the povv'er and authority in me vested, I do hereby discharge the said insolvent from all his debts and from imprisonment, pursuant to the provisions of the said statute. In witness whereof, I have hereunto set my hand and seal the 23d day of December, in the year of our Lord 1859. G. W., [l. s.] Albany County Judge. JCo. 19. OATH OF ASSIGNEE. Albany City and County, ss. I, M. P., having been appointed assignee of B. C, an insolvent debtor, do swear, that I will well and truly execute the trust by that appointment reposed in me, according to the best of my skill, understanding and ability. M. P. Sworn, &c. 3VO. SO. KOTICE OF ASSIGNMENT TO BE GIVEN BY THE TRUSTEES OR ASSIGNEES. Notice is hereby given, pursuant to the provisions of the first title of llic Sfth chapter of the second part of the Revised Statutes, that the undersigni.'d have been appointed assignees of C. B., an insolvent debtor. DEBTOR AND CREDITOR. 195 All persons indebted to the said debtor are hereby required to render an account of all debts and sums of mone}' owing by them respectively, to the undersigned assignees, by the 1st day of February, 1860, and to pay the same. And all persons having in tlieir possession any property or efl'ects of such debtor, to deliver the same to the said trustees by said 1st day of Febru- ary. And all creditors of such debtor to deliver their respective accounts and demands to the undersigned trustees, or one of them, on or before said day, at their office in tlie city of Albany. M. P. K 0. Dated Dec. 20, 1859. No. »1. PETITION BY A CREDITOR OF AN INSOLVENT WHO HAD BEEN IMPRISONED ON EX- ECUTION IN CIVIL ACTIONS. To Gr. W., Esqr., Albany County Judge ( 07- one of the Justices of the Supreme Court) : The petition of B. B., of the city of Albany respectfully shows that he is a creditor of D. D., of the same place, a debtor who has been actually imprisoned for more tlian sixty days, upon an execution in some civil action, and that your petitioner has a demand against the said D. D., to the amount of $25, for which a suit might now be brought. That the said debtor has been im- prisoned for more than sixty days in the county jail in the city of Albany, under an execution in some civil action, and that your petitioner is appreheo- sive that the estate of the said debtor will be w^asted or embezzled. Your petitioner therefore prays that an order may be made requiring the creditors of the imprisoned debtor, to appear before your honor, at a certain time and place to be specified in the order, and determine whether they will unite in a petition for an assignment of the said debtor's estate. B. B. Dated July 5th, 1859. No. sa. AFFIDAVIT OF CREDITOR. *City and County of Albany, ss. B. B., of the city of Albany being sworn says, D. D., of said city, who has been actually imprisoned for more than sixty days, upon an execution upon some civil action, is justly indebted to this deponent in the sum of $200, now due : The said debtor is imprisoned in the county jail in the county of Albany, and has been so imprisoned for more than sixty days under an execution against him in some civil action ; and that this deponent is apprehensive that the estate of the said debtor will be wasted or embezzled. Sworn, &G. B. B. JVo. 33 ORDER REQUIRING CREDITORS TO APPEAR. Let the creditors of D. D., an imprisoned debtor in the county jail of a.- bany county under an execution against him in some civil action, and who has been so imprisoned for more than sixty days, appear before me at my office in the city of Albany on the 10th day of September, 1859, at 12 196 THE CLERK'S ASSISTANT. o'clock noon, and determine whether they -will unite in a petition for the as- signment of said debtor's estate ; and let notice of this order be published once in each week, for eight weeks successively, in the State Paper, and in the Knickerbocker, a newspaper printed in said city. Witness my hand this July 6th, 1860. ^ G. W., Albany County Judge (or Justice of Supreme Coxirt.) IVo. »4. NOTICE TO CREDITORS TO APPEAR TO BE INDORSED ON A COPY OF THE ORDER. Take notice of an order this day made by Hon. G. W., Albany County Judge (or one of the Justices of the Supreme Court), of which the within is a copy. E. S. Q., July 6th, 1859. Attorney for Petitioning Creditor TSo. 35. AFFIDAVIT OF CREDITOR WHO UNITES IN THE PETITION. Albany City and County, ss. E. E., of said city, being duly sworn says, that D. D. of said city is a debtor who has been actually imprisoned for more than sixty days in the Albany County jail upon execution in some civil action, and that he is justly indebted to this deponent in the sum of $200, now due, and that this deponent is apprehensive that the estate of the said debtor will be wasted or embezzled. And this deponent further says, that the sum of $200 above specified was due from the said debtor, at the time of grantmg the order for publication of notice to creditors to appear and determine whether they would unite in a petition for an assignment of the said debtor's estate. E. K Sworn, &c. JSo. 36. ORDER FOR AN ASSIGNMENT. It appearing to me that the creditors of B. C, residing within the United States, having debts due to them, amounting to two-thirds of all the debts owing by said B. C, a debtor (who is imprisoned in the Albany County jail, and has been so imprisoned for more than sixty daysunder an execution against him m some civil action), which creditors reside within the United States, have petitioned in the manner directed by the statute concerning " Proceedings by- creditors, to compel assignments by debtors imprisoned on execution in civil cases," for an assignment of the said B. C.'s estate, and no good cause to the contrary appearing, I hereby order and direct the said B. C, on or before the 15th day of September instant {or forthwith), to deliver an account of his creditors and an inventory of his estate to me, upon oath, and to execute an assignment of his estate, or that he show cause why an assignment should not be made by me. G. W., Dated September 10, 1859. Albany County Judge. DEBTOR AND CREDITOR. 197 Ifo. iiV. ASSIGNMENT OF IMPRISONED DEBTOR. Know all men by these presents, that I, B. C, an imprisoned debtor having become insolvent, and that so many of my creditors, residing within the United States, whose debts in good I'aith amount to two-thirds of all the debts owing by me to creditors residing within the United States, did present a petition to the honorable G. W., Albany County Judge (or one of the Justices of the Supreme Court), praying for relief, pursuant to the provisions of the statute authorizing an insolvent debtor to be discharged from his debts; where- upon the said Gr. W. ordered notice to be given to all ray creditors to show cause, if any they had, before him, at a certain day and place, why the prayer of the petitioners should not be granted ; which notice was duly published and served, and no good cause appearing to the contrary, he being satisfied that the proceedings were just and fair, and that the petitioners had in all things conformed to those matters required by the said statute, directed an assignment of all my estate to be made by me for the benefit of all my credi- tors. Now, therefore, know ye, that in conformity to the said direction, I have granted, released, assigned, and set over, and by these presents, do grant, re- lease, assign and set over, unto E. E., an assignee nominated to receive the same, all my estate, real and personal, both in law and equity, in possession, reversion or remainder, and all books, vouchers and securities relating thereto, to hold the same unto the said assignee to and for the use of all my creditors. In witness whereof, I have hereunto set my hand and seal this 15th day of September, in the year 1859. B. C. [L. s.] Sealed and delivered in ) the presence of ) No. S8, PETITION OF A DEBTOR IN PRISON FOR DISCHARGE ON AN ASSIGNMENT OF UI3 ESTATE. To the Hon. G. W., County Judge of the county of Albany (or one of the Justices of the Supreme Court of the State of New York) : The petition of B. C. of the city of Albany respectfully shows, that your petitioner is confined in the county jail of the county of Albany in execution at the suit of P. P., issuing out of the Supreme Court of the State of New York, for the sum of $300 and interest thereon from January 14, 1859 : your petitioner prays for an order directing the Sheriff of said county to bring your petitioner into this court, at a day and time to be appointed for that purpose, that the plaintiff P. P., in the suit aforesaid, may personally, or by his attorney, show cause, if any he may have, why an assignment of all the said petitioner's estate, should not be made, and your petitioner be thereupon discharged from his imprisonment in the said suit, in pursuance of the provisions of the statute concerning "Voluntary assignments by a debtor imprisoned in execution in civil causes." And your petitioner, in conformity to the directions of the said etatute, sets forth and states that the following is a just and true account of all his estate, real and personal, in law and equity, and of all charges affecting the same, both as such estate and chai-ges existed at the time of his imprisonment, and as they exist at the time of presenting this petition. (Set forth the real estate and if subject to mortgage, give date and amount now due thereon, and also the personal estate.) All which is respectfully submitted. Dated July 10, 18C0 B. C. 198 THE CLERK'S ASSISTANT. AFFIDAVIT TO BE INDORSED ON THE PETITION. ATbany City and County, ss. I, B. C, the within named petitioner, do swear {or affirm) that the within petition and account of my estate and of the charges thereon, are in all respects just and true ; and that I have not, at any time or in any manner, disposed of or made over, any part of my property, Avith" a view to the future benefit of myself or my family, or with an intent to injure or defraud any of my creditors. Sworn, &c. B. C. ISO. 30. ORDER TO BRING PRISONER INTO COURT. At a special term of the Supreme Court held for the State of New York (or at a term of the County Court of Albany county) held at the City Hall in the city of Albany, December 15, 1859. Present — Hon. G. W., Justice (or Albany County Judge). P. P. agt. B. C. The petition of the above named defendant, under and in accordance with the provisions of the statute concerning "Voluntary assignments by a debtor imprisoned in execution in civil causes," stating the cause of his imprisonment by virtue of an execution issued out of this court, and an account of his estate therein set forth, being presented and read ; and upon proof of the due ser- vice of a notice of the said defendant's intention of presenting the said peti- tion to this court, and a true copy of his estate as set forth and stated in such petition, according to the directions of the said statute. On motion of A. C. of counsel for said petitioner, ordered that the Sheriff of the county of Albany, bring up the said prisoner before this court on the 20th day of December, 1859, at 10 o'clock in the forenoon of that day. R. B., Chrh ITo. 31. ORDER THAT ASSIGNMENT BE MADE. P. P. agt. B. C. At, &c. The above named defendant having been brought before this court pursuant to a rule for such purpose, and the court having heard and examined the alle- gations and proofs of the said parties, and being satisfied that the petition and account of the petitioner are correct, and that his proceedings herein are just and fair. On motion of A. C. of counsel for the said prisoner, ordered that the estate of the said prisoner, contained in the account stated and set forth in his petition, or so much of it as maybe sufficient to satisfy the debt wherewith the prisoner stands charged, together with the jail fees thereon {\i\s arms and accoutrements, and necessary wearing apparel and bedding, and the tools and instruments of his trade, and team, not exceeding $150 in value in the whole, excepted), be assigned to C. C. for the benefit of the creditors above named, R. B., Clerh DEBTOR AXD CREDITOR 199 JSo. 33. ASSIGNMENT ANNEXED TO PETITION. I, B. C, of the city of Albany, tlie prisoner named in the foregoing petition, for and in consideration of the premises therein contained, and in pursuance of the statute in such case made and provided, have assigned, transferred and set over, and by these presents do assign, transfer, and set over unto C. C. all the estate, real and personal, in law and equity, contained in the account with- in set forth and stated, or so much thereof as may be sufficient to satisfy the debt wherewith I, the said prisoner, stand charged as within mentioned, to- gether with the jail fees thereon (my arms and accoutrements, and necessary wearing apparel and bedding, and tools or instruments of my trade and team, not exceeding $150 in value in the whole excepted) and to his assigns, to have and to hold the same, and every part and parcel thereof (except as be- fore excepted), for the benefit of the creditor, and to satisfy the debt in said petition mentioned, wherewith I, the said prisoner, stand charged in execu- tion, together with jail fees as aforesaid, unto the said 0. C, and his assigns forever. No. 33. DISCHARGE. Title of the action. At, &c. (as in No. 29.) An assignment of all the estate, real and personal, in law and equity, con- tained in the account of the above named defendant as set forth in his petition addressed and presented to this court, stating the cause of his imprisonment by virtue of an execution issued out of this court, at the suit of the above named plaintiff, and praying to be discharged from his imprisonment in the above action, according to the directions of the statute " of voluntary assign- ments by a debtor imprisoned in execution in civil causes," having been made and executed by the above defendant pursuant to an order of this court, on motion of A. C, of counsel for the defendant, and in his behalf: Ordered, that the said defendant be discharged out of custody of the Sheriff of the county of Albany at the suit of the above plaintiff, in the cause stated in the said petition. R. B., Clerk Wo. 34. APPLICATION OF A PRISONER UNDER SENTENCE AND IMPRISONED FOR NON-PAT- MENT OF FINES, IMPRISONED FOR A MISDEMEANOR. To the honorable the County Court of Albany County : The petition of B. C, shows to this honorable court that he is now and has been for forty-five days last past, a prisoner in the jail in said county, under a sentence passed by the Court of Sessions for the county of Albany (or Court of Oyer and Termmer), held in and for said county on the 5th day of aSTovem- ber, 1859, for a misdemeanor, viz. (set forth the crime convicted of), and by which sentence he was fined a sum not exceeding $250, to wit, the sum of $125 for his offense, and to stand committed till the same was paid. Your petitioner further shows that he was unable at the time such sentence was passed, and has been unable ever since his said conviction, to pay such 200 THE CLERK'S ASSISTANT. fine. Whereupon he prays that he may, according to the provisions of the statute in such case made and provided, be discharged from his said imprison- ment B. C. December 21st, 1859. PTo. 3CS. AFFIDAVIT TO BE ANNEXED TO THE FOREGOING PETITION. Albany City and County, S3. B. C, being sworn says, that he has read the foregoing petition by him subscribed and knows the contents thereof, and the facts therein stated are all true. B. C. Sworn, &c. \ \ CHAPTER XVT. DOWER. Dower is the right of a woman in a third part of all the lands and tenements in fee simple of which her deceased husband was seised during coverture. To the consummation of the title to dower three things are requisite, viz. : marriage, seisin of the husband, and his death. Dower attaches upon all marriages not absolutely void, and isxisting at the death of the husband; it belongs to a wife de facto, whose marriage is voidable by decree ; so too, to a wife married within the age of consent, though the husband dies within that age. The husband must have been seised of the land at some time during the marriage, to entitle the wife to dower, and for his own beneficial use; for if the seisin be transitory, or only for an instant, and when the same act that gives the estate to the hus- band conveys it out of him, it is not sufficient to give dower ; so if the husband holds the land as a trustee, the wife has no dower therein. The interest of a wife in the lands of her husband attaches upon the marriage, and during the life of her husband her title is inchoate, and not consummated till the husband's death. Her title may be extinguished in various ways, but the husband cannot defeat it by any act in the nature of alienation or change without the assent of the wife, given and proved according to law. The more common way of extinguishing title is by the wife joining with the husband in a conveyance of the property. So too it may be extinguished by a re-entry under a title paramount to that of the husband ; as where the husband buys land subject to a mortgage and the mortgage is foreclosed, thus cutting off the equity of redemption. Yet in such cases, if the land sells for 202 THE CLERK'S ASSISTANT. more than sufficient to pay the mortgage, the interest of the wife attaches to the surplus, and she becomes endowed therein. It is necessary that she be the wife of the husband at the time of his death, otherwise there will be no dower. A divorce, a vinculo matrimonii^ bars the claim of dower. Where the wife has been guilty of adultery, she thereby forfeits her right to dower ; and in case the divorce is for the adultery of the hus- band, the statute allows a reasonable provision to be made for the wife out of the husband's estate, by way of indemnity for the loss of her dower. The wife may also be barred of her dower by having a joint estate, usually denominated a jointure^ settled upon her and her husband, and ih case of his death to be extended to the use of the wife during her life ; but such jointure should be made before marriage to bar the dower, otherwise she may reject the jointure and claim the dower. Where the husband makes a provision in his will to be in lieu of dower, the widow may accept the provision instead of the dower, or she may reject the provision and claim her dower. But if the husband give by will any portion of his estate to his wife, and say nothing in regard to her dower, then she will receive such provision in addition to her dower. An alien widow is not entitled to dower in the lands of her husband if he be an alien, unless he shcxll have taken the neces- sary steps to authorize him to hold real estate, but if her husband be a citizen of the United States she will be entitled to dower in his real estate. Where the husband exchanges lands which he holds in fee, for other lands which he also holds in fee, the widow will not be endowed in both parcels of land, but she must make her elec- tion in which she claims dower. A widow may tarry in the chief house of her husband forty days after his death, whether her dower be sooner assigned to her or not, without being made liable to any rent for the same, and in the meantime she shall have her reasonable sustenance out of her husband's estate ; she shall demand her dower within twenty years of the death of her husband ; but if at the time of his death she be a minor, or insane, or imprisoned on a criminai charge or conviction, the time during which such disabilitji DOWER. 203 continues shall not form any part of the said term of twenty years. Whenever, in any action brought for the purpose, a widow shall recover her dower in lands of which her husband shall have died seised, she shall be entitled also to recover damages for the withholding of such dower. Such damages shall be one- thii'd part of the annual value of the mesne profits of the lands in which she shall so recover her dower, to be estimated m a suit against the heirs of her husband from the time of his death ; and in suits against other persons, from the time of her demanding her dower of such persons ; and in all cases to be estimated to the time of recovering judgment for such damages, but not to exceed six years in the whole in any case. Any widow who shall not have had her dower assigned to her, within forty days after the decease of her husband, may apply by petition for the admeasurement of her dower to the Supreme Court ; or to the County Court of the county in which the lands subject to dower lie ; or to the Surrogate of the same county ; specifying the lands to which she claims dower. A copy of such petition, with notice of the time and place when it will be presented, shall be served at least twenty days previous to its presentation, upon the heirs of her husband ; or if they are not the owners of the lands subject to dower, then upon the owners of such lands claiming a freehold estate therein ; or their guardians, when any such heirs or owners are minors. If the widow does not apply within one year after her hus- band's death, then any one of the heirs of the husband, or one of the owners of the land, may apply in the same way by peti- tion and a like notice. Upon the hearing before the Court or Surrogate, three persons, disinterested freeholders, may be appointed as Commissioners to admeasure the widow's dower. They shall admeasure and lay off, as speedily as possible, the one-third part of the lands embraced in the order for their appointment, as the dower of such widow, designating such part with posts, stones, or other permanent monuments ; in doing so they are to take into view any permanent improvement made upon such lands. Their report, when completed, shall be filed and entered at large in the minutes of the court, and confirmed ; unless such report is appealed from within thirty 204 THE CLERK'S ASSISTANT. days from the date of confirmation it shall be binding and conclusive upon all the parties upon whom notice shall have been given ; and the widow thereafter may bring ejectment against an}'' party who refuses to give her possession of the premises awarded her. The premises so awarded to the widow she may hold during her natural life, free and clear of her husband's debts, and she may sell, lease or assign her inte- rest therein. i FORMS. ISTo. 1. A RELEASE OF DOWER TO THE HEIR. Know all men, that I, A. B., widow of B. B., as well for and in considera- tion of $400 to me paid at or before the sealing of these presents, by my son J. B. (the receipt whereof I do hereby acknowledge), and for the love and affection which I have to my said son, have granted, remised, released, and forever quit-claimed, and by these presents-do grant, release, and convey, unto the said J. B., his heirs and assigns forever, all the dower and thirds, right, and title of dower and thirds, and all otlier right, title, interest, property, claim, and demand whatsoever, in law and in equity, of me the said A. B., of, in, and to (a description of certain parcel of land, &c., and how it descended to A. B. and B.); so that neither I, the said A. B., my heirs, executors, or adminis- trators, nor any other person or persons for me, them, or any of them, shall have, claim, challenge, or demand, or pretend to have, any dower or thirds, or any other right, title, claim, or demand, of, in, or to the said premises, but thereq/" and therefrom shall be utterly debarred and excluded forever, by these presents. In witness whereof, I have hereunto set my hand and seal the 17th day of January, 1860. ■ . A. B. [l. s.] RELEASE OF DOWER INDORSED ON A DEED /)F THE PREMISES. I, A. B., widow of M. B., deceased, in consideration of $1 to me in hand paid by L. M., have granted, sold, and conveyed, and by these presents do sell, release, and convey, to the said L. M. all my right, title, interest and dower right in and to the within described property. In witness, &c. ISTo. 3. ASSIGNMENT OF DOWER. This indenture, made this 18th day of January, 1860, between R. P. andB. P., sons of J. P., late of the town of Bethlehem, deceased, of the first part, and W. P., widow of the said J. P., of the second part. Whereas, the said J. P. was in his lifetime and at the time of his death seised in fee of certain lands and tenements in the town aforesaid, which upon tlrf decease of the said J. P. descended to the said R. P. and B. P., subject to the dower right of the 206 THE CLERK'S ASSISTANT. said W. P. Now this indenture witnesseth, that the said R. P. andB. P. hath endowed and assigned, and by these presents doth endow and assign unto the said W. P. tlie one-third part of the said lands and tenements bounded and described as follows : (insert description of the part set apart for dower.) To have and to hold the said premises unto the said W. P. widow as aforesaid for ai.i during her natural life, in the name of dower, and in recompense and satisfaction of all the dower which the said W. P. ought to have, ofj or in the said lands and tenements which belonged to and were of the said J. P. In witness whereof, the said parties have hereunto interchangeably set tlieir hands and seals the day and year first above written. R. P. [l. s.] B. P. [l. S.J W. P. [l. S.J ISTo. 4. PETITION FOR ADMEASUREMENT OF DOWER. To the Albany County Court (or to the Supreme Court of the State of New York, or to A. B.. Surrogate of Albany County) : The petition of L. C, of the town of Bethlehem, in the county of Albany, respectfully shows that she is the widow of P. C, late of said town, deceased; that her said husband died on the 10th day of July, 1859; that the said P. C. at tfie time of his death and previous thereto, was seised in fee (or of an estate of inheritance) of and in certain lands and tenements bounded and described as follows: (insert description.) And your petitioner further shows that the said P. C. left him surviving A, C, B. C, and G. C, his children and heirs-at-law, all of whom are of full age except the said Gr. C., who is a minor of the age of fourteen years and up- wards, all of which said heirs-at-law are the owners of the said lands subject to the dower right of your petitioner. Your petitioner, therefore, prays that the necessary steps may be takin that commissioners may be appointed for admeasuring the dower of your peti- tioner in the said lands pursuant to the statute. December 10, 1859. L. 0. No. S. » AFFIDAVIT TO PETITION. Albany City amd County, ss. L. C, being sworn, says : she has read the foregoing petition by her subscribed, and knows the contents thereof, and that the same is true except as to the matters therein stated on her information and belief, and as to those matters she believes it to be true. Sworn, &c. L. 0. No. 6. NOTICE OF APPLICATION FOR DOWER TO BE SERVED WITH COPY PETITION. To A. C, B. C. and Q-. C, and to all other persons claiming an interest in the lands set forth in the within petition : Take notice, that a petition, of which the annexed is a copy, will be pre- sented to the Supreme {or County) Court (or Surrogate) of Albany County, at the next term thereof to be held {or to the said Surrogate at his office) at DOWER. 207 the City Hall in the city of Albany, on the 10th day of January, 1860, at the opening of the court on that day, or as soon thereafter as counsel can be heard : and a motion will then be made that the prayer of said petition be granted. Yours, &c., B. Y, Albany, January 10, 1860. Attorney for Petitioner. No. 7. NOTICE BY HEIRS TO WIDOW TO DEMAND DOWER. To L. C, widow of P. C, late of the town of Bethlehem, deceased : Take notice, that you are required to make demand of your dower in tne lands owned by the said P. C, previous to and at the time of his decease, within ninety days after service of this notice. The said lands are described as follows : f description.] Yours, &c., August 5, 18G0. A. C. N"o. 8. PETITION FOR APPOINTMENT OF GUARDIAN. To the Supreme Court (or Albany County Court or to A. B., Esq., Surrogate of Albany County) : The petition of Gr. C. shows that he is an infant of the age of fourteen years, and upwards, to wit: of the age of eighteen years; that L. C, widow of P. C, has served on your petitioner her notice of application for the ad- measurement of her dower in the lands of which the said P. C. died seised ; that your petitioner has no general or special guardian, and he therefore prays that some suitable person may be appointed the special guardian of your petitioner to take charge of his interest in the premises. G December 20, 1859. [Add jurat, as No. 5.J No. 9. ORDER APPOINTING GUARDIAN. At a special term of the Supreme Court of the State of New York (or at a term of the Albany County Court, or of the Surrogate's Court of Albany County), held at the City Hall in the city of Albany, January, 10th, 1860. Present — Hon. G-. W., Justice (or Albany County Judge or Surrogate), On the matter of the application of P. C, ) for admeasurement of dower. ( l)n reading and filing petition of G. C, showing that he is an infant of the age of eighteen years, and has no general guardian, and that L. C, the widow of P. C, has commenced proceedings for the admeasurement of dower, and praying that a guardian may be appointed to take care of the interest of the said G. C, in the premises sought to be admeasured : On motion of E. G, of 208 THE CLERK'S ASSISTANT. counsel for said petitioner. Ordered that H. M., a freeholder of said county, be and he hereby is appointed guardian of the said G. C, for the sole purpose of appearing for and taking care of the interest of said infant in the proceed- ings. R. B., Cleric. N-o. 10. ORDER THAT DOWER BE ADMEASURED AND COMMISSIONERS APPOINTED. At, &c. (as in No. 9.) On reading and filing the petition of L. C, widow of P. C, late of the town of Bethlehem in the said county, with proof of service of a copy of the same on all parties interested in the premises described therein, and proof of service of notice of this motion ; on motion of B. G., attorney for said L. C, and after hearing H. M., guardian of G. C, Ordered, that admeasurement be made of the dower of the said L. C, in the lands of her husband the said P. C, deceased, specified and described in said petition as follows: (description.) And it is further ordered that R. 0., J. L. and U. R. of the town of Beth- lehem, county of Albany, three reputable and disinterested freeholders, be and they are hereby appointed commissioners, for the purpose of making such admeasurement, and that they report their proceedings herein to this court. R. B., Chrh. No. 11. OATH OF COMMISSIONERS. Albany City and County, ss. We, R. 0., J. L. and 0. R., commissioners appointed by the Supreme {or Albany County, or Albany Surrogate's) Court, to make admeasurement of the dower of L. C., in the premises described in the order of said court by which we are appointed commissioners, each being duly sworn, doth depose and severally say that he will faithfully, honestly and impartially discharge the duty and execute the trusts reposed in him by such appointment. R. 0. J. L. Severally subscribed and sworn, &c. 0. R. No. 12. REPORT OF COMMISSIONERS. To the Albany County Court (or Supreme Court of the State of New York, or Albany Surrogate's Court) : The undersigned R. 0., J. L. and 0. R., commissioners appinted by an order of the Supreme (or other) Court, dated January 10th, 1860, to make admea- surement of the dower of L. C, widow of P. C, late of said county, deceased, in the lands and premises described in said order, do respectfully report, that they have been attended by the said A. C, B. C, L. C. and H. M., guardian of G. C, an infant, they have caused a survey of the said lands and premises to be made, in the presence of the said parties, a map of which survey is hereunto annexed. DOWER. 209 And we further report, that we have allotted and admeasured to the said L. C. as and for her dower in the said lands and premises, the one-third part thereof, which part so allotted for dower is bounded and described as follows (insert the description of so much as is allotted to the widow), which said lot is described on the annexed map and enclosed by red lines. We do further repoit that the following are the charges attending said ad- measurement. Two days' services for each commissioner at $2 per day for each, $12 00 Surveyor's fees two days at $5 per day, 10 00 Two chain and flag bearers one day each, 2 00 $24 00 All of which is respectfully submitted. E. 0., J. L., 0. K., January 20th, 1860. CoTnmissioners. No 13. NOTICE TO CONFIRM REPORT OF COMMISSIONERS. Take notice, that a motion will be made at the next special term of the Supreme Court (or next term of the Albany County Court) to be held at the city hall in the city of Albany on the. . . .day of , 1860, at the open- ing of co\u't on that day^ or as soon thereafter as counsel can be heard for an order confirming the report of the commissioners appointed to make ad- measurement of the dower of L. C, in the premises mentioned and described in the order appointing said commissioners ; and for such other or further order as to the court may seem meet, which motion will be founded upon the report of said commissioners a copy of which is herewith served. A. M., Attorney for L. C. To A. C, B. C. and H. M., Guardian. N'o. 14. ORDER CONFIRMING COMMISSIONERS* REPORT. (At, &c. (as in No. 9.) On reading and filing the reports of R. 0., J. L. and 0. R., commissioners appointed to admeasure the dower of L. C, in the above entitled matter, which report bears date January 20th, 1860, by which it appears that the commissioners have admeasured and allotted to the said L. C, for her dower in the premises of which her said husband died seised ; and which said premi- ses so admeasured and allotted to the said L. C. are bounded and described as follows : (Insert the description of the premises assigned as dower.) Now, on motion of A. M., of counsel for said L. C, and after hearing H. M., of guardian for said G. C, it is Ordered, that the said report and admeasurement be and the same is in all respects confirmed 27 210 THE CLERK'S ASSISTANT. No. 15. NOTICE OF APPEAL. SUPREME COURT (or ALBANY COUNTY COURT). H. M., Guardian and Appellant) agt. L. C, Respondent. Take notice, that I appeal from the order of the Supreme {or County, or Surrogate's) Court, confirming the report of the commissioners admeasuring and allotting dower to the said L. C, which said order bears date the 30th day of January, 1860. Yours, &c., H. M., Guardian, &c. To L. C, A. C, &c., January 31, 1859. No. 16. BOND ON APPEAL. Know all men by these presents : That we, H. M., N. 0. and P. R., mer- chants of the city of Albany, are firmly bound unto L. C. of the same place, m the sum of $250, lawful money of the United States, to be paid to the said L. C, her executors, administrators or assigns ; for which payment well ana truly to be made, we bind ourselves and each of our heirs, executors and administrators, firmly by these presents. Sealed with our seal: Dated the 3 1st day of January, 1860. The condition of this obligation is such, that if the said H. M. shall dili- gently prosecute a certain appeal from an order entered in the Supreme (or Albany County, or Surrogate's) Court on the 20th of January, I860, confirm- ing the report of the commissioners, R. 0., J. L. and 0. R., allotting dower, and shall pay all cost which may be adjudged by said Supreme Court to be paid by the said H. M. on such appeal, then this obhgation to be void, other- wise to remain in full force and virtue. H. M. [l. S.J N. 0. [l. S.J P. R. [L. S.J CHAPTER XYII. EXCISE. Section 1. There shall be a Board of Commissioners of Excise in each of the cities, incorporated villages and towns of this State. Such Boards in cities shall be composed of three members, who shall be appointed as hereinafter provided. In incorporated vil- lages they shall consist of three members of the Board of Trus- tees, one of whom shall be president, to be annually designated by such Board of Trustees ; and in towns they shall consist of the Supervisors and Justices of the Peace thereof, for the time being, respectively. Any three members shall be competent to execute the powers vested in any Town Board, and in case the office of Supervisor be vacant, or there be not two Justices in the town, then the Town Clerk shall act in their places respectively. § 2. The Mayor of each of the cities, except in the cities of JSTew York and Brooklyn, shall appoint the Commissioners of Excise in their respective cities, within ten days after the passage of this act ; but in the cities of 'New York and Brooklyn the Mayor shall nominate three good and responsible citizens to the Board of Aldermen of such cities respectively, who shall confirm or reject such nominations. Commissioners of Excise in cities shall hold their offices for three years, and until others shall be appointed in their places, and shall receive a salary not to exceed twenty-live hundred dollars a year each, to be fixed by the Mayor and Common Council of their respective cities, and shall be paid as other city officers are paid. On the first Monday of April, hi every third- year hereafter, the Mayor and Board of Aldermen shall proceed to appoint, in the manner above described, persons qualified as aforesaid to be such Commissioners of Excise in their respective cities for the next three years, commencing on the first day of May in that year, and shall, from time to time, as often as vacancies shall occur, appoint persons qualified as aforesaid to till the unexpired term of any Commissioners who shall die, resign, remove from the city or be removed from office. Such Commis- sioners of Excise in cities shall be removed for any neglect or malfeasance in office, in the same manner as provided by law for the removal of Sherifl:s. § 3. The Commissioners of Excise shall meet in their respective cities, villages and towns on the first Monday of May in each year, and on such other days as a majority of the Commissioners shall apjDoint, not exceeding once each month in any year, in any town or village, for the purpose of granting licenses as provided by law. In cities they shall meet on the first Monday of each mouth, and as often as they shall deem necessary. All tuch licenses shall expire at the end of one year from the time they shall be granted. 212 THE CLERK'S ASSISTANT. 8 4. The Board of Excise in cities, towns and villages shall have power to grant hcenses to any person or persons of good moral character, who shall be approved by them, permitting him and them to sell and dispose of, at any one named place within snch city, town or village, strong and spirituous liquors, wines, ale and beer, in quantities less than five gallons at a time, upon receiving a license fee, to l?e fixed in their discretion, and wliich shall not be less than tliirty nor more than one hundred and fifty dollars. Such licenses shall only be granted on written applica- tion to the said board, signed by the applicant or applicants, speci- fying the place for which license is asked, and the name or names of the applicant or applicants, and of every person interested or to be interested in the business to authorize which the license shall be used. Persons not licensed may keep and, in quantities not less than five gallons at a time, sell and dispose of strong and spirituous liquors, wines, ale and beer, pro^dded that no part thereof shall be ch'unk or used in the building, garden or inclosure communicating with, or in any public street or place contiguous to, the building in which the same be so kept, disposed of or sold. § 5. Licenses granted, as in this act provided, shall not author- ize any person or persons to expose for sale, or sell, give away or dispose of, any strong or spirituous liquors, wines, ale or beer, on anv dav, between the hours of one and five o'clock in the morn- ing ; and all places licensed as aforesaid shall be closed and kept closed between the hours aforesaid. § Y. In no town or village shall the Commissioners of Excise created by this act appoint a Clerk of the Board of Excise. The pay of Commissioners of Excise in towns or villages shall. be three dollars per diem. The moneys arising from licenses in any town or village shall be deposited with the County Treasurer within thirty days after receiWng the same, to be expended under the direction of the Board of Supervisors, at their next annual meeting, for the support of the poor of such toM-n. Moneys arising from licenses in cities shall be paid into the treasuries of such cities respectively. The book of minutes kept by the Com- missioners of Excise in any town or village, except when in use by such Commissioners, shall be deposited in the Clerk's oftice of such town or village. The expenses of procuring necessary books for minutes, and necessary blanks, in any town or village, when actually incurred, shall be audited and paid in like manner as other town or villaii'e charo;es. § 8. The provisions of this act, as to the appointment of Com- missioners of Excise in each of the cities of this State, their tenure of oifice, the supplying of vacancies and their removal from office, shall not extend to the territory included in the Niagara frontier police district until the first day of January, in the year one thou- sand eight hundred and seventy-two. And at all times hereafter, up to the last-mentioned day, the Board of Police Commissioners EXCISE. 213 of the said police district shall continue to be the Board of Com- missioners of Excise in and for said district and the territory em- braced therein, as now provided by law, subject to the provisions of this act ; and up to the time aforesaid, all fees for licenses • which shall be issued by the said Board, and all tines and penal- ties herein provided for, shall be received by said Board of Police Commissioners of said Niagara frontier police district, and shall be paid into the Niagara police fund, for the use and benetit thereof, as now provided by law. {Laws of 1870, chap. 175.) The applicant is to deliver to the Board of Commissioners a bond to the people of the State of New York, in the penal sum of two hundred and fifty dollars, with sufficient sureties, M'ho shall duly justify in the sum of five hundred dollars, to be ap- proved by the Commissioners, conditioned that such applicant shall comply with the provisions of the statute. Every keeper of an inn or tavern, in the towns or villages, shall keep in his house at least three spare beds for his guests, with good and suf- ficient bedding, and shall provide good and sufficient stabling, provender, &c., for four horses or other cattle, for the accommo- dation of travelers. The innkeeper in cities shall keep three spare beds and bedding for the accommodation of travelers. In all licenses that may be granted (except to inn, tavern or hotel keepers) to sell strong or spirituous liquors or wines in quan- tities less than five gallons, there shall be inserted an express declaration that such license shall not be deemed to authorize the sale of any strong or spirituous liquor or wine, to be drank in the house or shop of the person receiving such license, or in any out- house, yard or garden appertaining thereto or connected therewith. Such licenses are not to be granted unless the Commissioners are satisfied that the applicant is of good moral character, nor until such applicant shall have executed a bond, in the penal sum of five hundred dollars, that the sale shall be conducted in accordance with the provisions of the statute. Whoever shall sell without a license shall forfeit fifty dollars, and such persons as hold a store keeper's' license only, and sell liquor to be drank on the premises, shall forfeit fifty dollars ; and whenever any person having a license shall sell to an apprentice, or minor under eighteen years of age, he shall forfeit ten dollars, and if he shall sell to an Indian, he shall be liable to a fine of twenty -five dollars. Magistrates may give notice to dealers, forbidding them to sell to habitual drunkards, and it is unlawful to sell to any liabitual drunkard, whenever a parent, guardian, husband or wife lias noti- fied such dealer not to sell intoxicating liquors to such drunkard. Licensed persons, selling in violation of the law, may have their license revoked, and are liable to fine and imprisonment, without being entitled to the usual jail liberties. FOKMS. ]Vo. 1. APPLICATION FOR LICENSE. To the Board of Commissioners of Excise of the City of Albany The undersigned, respectfully represent that A. B. is desirous to seU and dis- pose of strong and spirituous liquors, wines, ale and beer, in quantities less than five gallons at a time, to be drank on the premises, at No. 140 State street, in the sixth ward of the city of Albany, proposing to keep an inn, tavern or hotel thereat, and to that end they present to your honorable body the petition of twenty freeholders, as required by law, and pray on their own behalf, as the only persons intended to be interested in the business aforesaid, that he may have a Ucense as above stated pursuant to law, upon paying such license fee as may be lawfully required in the premises. Dated Albany, Dec. 30, 1871. . (Signed) A. B., CD. [Another form.'] To the Board of Commissioners of Excise of the City of Albany : The undersigned, respectfully represent that A. B. is desirous to sell and dispose of ale and beer, in quantities less than five gallons at a time, to be drank on the premises, at No. 875. State street, in the sixteenth ward of the city of Albany, and pray on his own behalf, as the only person intended to be interested "in the business aforesaid, that he may have a license as above stated, pursuant to law, upon paying such hcense fee as may be lawfully required in the premises. Dated Albany, Dec. 30, 1871. (Signed) A. B. CD. 3Vo. 3. PETITION OF FREEHOLDERS FOR A TAVERN LICENSE. To the Board of Commissioners of Excise in and for the County of Rensselaer : The undersigned, freeholders of this State, and residents of Election District No. 3 in said county, would respectfully represent to your honorable body that E. M., who resides in said election district, is a person of good moral charac- ter, that he has sufficient ability to keep an inn, tavern or hotel, and the nec- essary accommodations to entertain travelers, and that an inn, tavern or hotel is required for the actual accommodation of travelers, at the place where such applicant resides or proposes to keep the same. And your petitioners ask your honorable body to give said applicant a license to sell strong and spirituous liquors and wines therein under the act entitled "An act to suppress intem- perance and to regulate the sale of intoxicating hquors," passed April IGth, 1857. Nassau, May 10th, 1859. Signed in presence of M. M. N. P., &c. EXCISE. 215 4 3Vo. 3. PROOF OF SIGNATURES BY A SUBSCRIBING WITNESS. County of Rensselaer, ss. \L M., being duly sworn says, that he is a resi- dent of the town of Nassau in the third election district of said county ; that he is well acquainted with ZST. P., &c., signers lo the above petition, that he saw them severally sign the same, and that thereupon he became the sub- scribing witness thereto. -"ci M. M. Sworn, &c. IVo. 4. INN, TAVERN OR HOTEL KEEPER S LICENSE. The undersigned, the Commissioners of Excise in and for the county of Rensselaer, in board duly organized, being satisfied that E. M., who is a resi- dent of the town of Nassau in said county, and who has applied to said board for a license to sell strong and spirituous liquors, and wines, as an inn, tavern or hotel keeper, under the act, entitled "An act to suppress intemperance, and to regulate the sale of intoxicating liquors," passed April 16th, 1857, is of good moral character, that he has sufficient ability to keep an inn, tavern or hotel, and the necessary accommodations to entertain travelers, and that an inn, tavern or hotel is required for the actual accommodation of travelers at the place where he resides, and proposes to keep the same, do hereby Hcense him to sell strong and spirituous liquors, and wines, to be drank in his house in said town, where he proposes to keep an inn, tavern or hotel, as aforesaid, until ten days after the third Tuesday in May next, and no longer. (If in the city of New York " until fifty days after the third Tuesday in May next, and no longer.") Given under our hands at the city of Troy in said county the 24th day of May, 1859. N. B., G. R., Q. P., Board of Commissioners of Excise. ISo. S. innkeeper's bond. Know all men by these presents, that we, E. M., R. 0. and S. T. of the town of Nassau in the county of Rensselaer, are held and firmly bound unto the People of the State of New York, in the penal sum of S250, for which payment, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated the 21st day of May, 1859. The condition of this obligation is such, that whereas the said E. M., has made application to the Board of Commissioners of Excise of said county for a license to sell strong and spirituous liquors and Avines, during the ensuing year, to be drank in the inn, tavern or hotel, which he proposes to keep in the house occupied by him, in said town, under and by virtue of "An Act to suppress intemperance, and to regulate the sale of intoxicating liquors," passed 216 THE CLERK'S ASSISTANT. April IGth, 1857. JsTow therefore, if the said E. M., during the time he shall keep an inn, tavern or hotel, shall not suffer it to be disorderly, or suffer any gambling or keep a gaming table of any description, within the inn, tavern or hotel, so kept by him, or in any outhouse, yard or garden belonging thereto, then this obligation to be void, otherwise to remain in full force and virtue. E. M. [l- s.] E. 0. [l. s.] S. T. [l. S.J jso. e. ACKNOWLEDGMENT OF BOND. Rensselaer County, City of Troy, ss. On the 23d day of ^lay, 1860, before me severally came the above named E. M., R. 0. and S. T., to me known to be the persons described in and who executed the foregoing instrument and severally acknowledged the execution thereof. M. A., Commissioner of Deeds. JNo. '7. JUSTIFICATION OF SURETIES. City of Troy, ss. We, the undersigned E. 0. and S. T., the sureties named in the foregoing bond being each duly sworn for himself doth depose and Bay, that he is worth the sum of $500 over and above all debts, demands, lia- bilities, or property exempt from execution. E. 0. Sworn, &c. S. T. T«"o. 8. APPROVAL OF BOND. Rensselaer County, ss. We, the undersigned, forming the Board of Com- missioners of Excise in and for said county, do hereby approve of the within bond as to the form of the same and the sufficiency of the sureties. Dated May 3, 1859. N. B., S. E., Q. P., Board of Commissioners of Excise. 3Vo. 9. storekeeper's LICENSE. The undersigned, forming the Board of Commissioners of Excise in and for the county of Eensselaer, being satisfied that M. E. of the town of Green- bush in said county is of good moral character, do hereby license him to sell (Strong and spirituous liquors and wines, in quantities less than five gallons, until ten days after the third Tuesday of May next and no longer. And it EXCISE. 217 is hereby declared expressly that this license shall not he deemed to authorize tlie sale of any stron^;- or spiiituous liquor or wine, to be drank in the house or shop of the said E. M., or in any outhouse, yard or garden, appertaining thereto or connected therewith. Witness our hands at the city of Troy, the 23d day of May, 1859. (Signed by the Board.) Wo. XO. storekeeper's bond. Know all men by these presents, that we, M. E., C. C, and D. D., of the town of Greenbush, in the county of Albany, are held and firmly bound unto the People of the State of New York, in the sum of $500, for which pay- ment we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, this 2'2d day of May, 1860. The condition of this obligation is such, that Avhereas the said M. E. haa applied, or is about to apply to the Board of Commissioners of Excise of said county, for a license to sell strong and spirituous liquors and wines in quanti- ties less than five gallons, as a storekeeper, during the ensuing year, under the act .entitled " An Act to suppress intemperance, and to regulate the sale of intoxicating liquors," passed April 16, 1857. Now, therefore, the condition of this obligation is such, that if the said M. E. during the term for which his license shall be granted will not suffer his place ot business to become dis- orderly, and that he will not sell, or suffer to be sold, any strong or spirituous Uquors or wines to be drank in his shop or house, or' in any outhouse, yard. or garden appertaining thereto, and that he will not suffer any such liquor sold by virtue of such license, to be drank in his shop or house,"or in any out- house, yard or garden belonging thereto, then this obligation to be void, other- wise to remain in full force and virtue. M. E. [l. s.] C. C. [L. s.] D. D. [l, s.j {Add acknowledgment, justification and approval, as in Nbs. 6, 7 and 8.) Wo. 11. FORM OF BOOK OF MINUTES OF THE BOARD. At a meeting of the Board of Commissioners of Excise, in and for the county of Rensselaer, held at the court house in tlie city of Troy, in said county, on the 17 th day of May, 1859. Present — Messrs. N. B., S. Pt., and Q. P., Commissioners. The County Clerk administered to each of said Commissioners the oath pre- scribed by the Constitution. On motion of N. B., Esq., S. R., Esq., was appointed Chairman of said Board; and on motion of Mr. Q. P., C. K. was appointed the Clerk of said Board. Mr. B. presented the applications for licenses as inn, tavern or hotel keep- ers, from the following persons, in each case supported by the requisite num- ber of freeholders, viz. : L. M., of Greenbush, P. 0., of Nassau. 28 218 THE CLERK'S ASSISTANT. Mr. E. presented the applications for licenses as storekeepers to sell strong and spirituous liquors and wines, in quantities less than five gallons, from the following named persons, viz. : B. B., of East Greenbush, and P. P., of Lansingburgh. On motion adjourned to the 18th inst., at 10 a. m. Wednesday, May l6, 1859. Board met pursuant to adjournment. All the members present. On motion of Mr. B., Resolved^ That a storekeeper's license be granted to B. B., of East Green- bush, and that the license fee for the same be and the same is hereby fixed at 835. Mr. P. offered the following: Resolved, That an innkeeper's license be granted to P. 0., of Nassau, and that the hcense fee for the same be fixed at §65. Which resolution was adopted. The bond of the said P. 0. having been presented, was examined and ap- proved, the sureties to the same being L. R. and R. L. On motion, the Board adjourned without day. C. K., Clerh ISO, 13. TRANSCRIPT OF MINUTES TO BE FILED IN THE OFFICE OF TOWN CLERK. At a meeting of the Board of Commissioners of Excise, held in the court D i 5 house in the city of Troy, in and for the county of Rensselaer, on the 24th day of May, 1859, the following named persons residing in the town of Nas- sau in said county, intending to keep an inn, tavern or hotel in said town, were licensed to sell strong and spirituous liquors and wines therein for the ensuing year, for the sum set opposite their names respectively, viz. : B. 0., $55 00 i N. S., 55 00 And at a meeting of said Board duly organized at the place aforesaid on the • ■ 25th of May, 1859, the following named persons being store keepers, were 1 licensed to sell strong and spirituous liquors and wines, in quantities less than | five gallons, but not to be drank at their respective places of business, viz. : M. K, $30 00 N. S., 30 00 A copy from the minutes. N. B., S. R., Q. P., Commissioners of Excise, \ .4 CHAPTER XVIII. PEES OF OFFICERS. All public officers are entitled to compensation for their servi- ces, which they receive either in salaries or fees. Certain salaried officers collect fees for the services rendered by them, which by them are paid to the State or the county. Witnesses subpoenaed in civil actions are entitled to fees proportioned to the number of days expended and the distance traveled. The enforcing the collection of illegal fees by a public officer is a misdemeanor. And if a greater amount of fees or costs are paid or collected than the law allows, the excess of fees or costs so improperly paid^ may be recovered back. No fee or compensation allowed by law shall be demanded or received by any officer or other person, for any service, unless such service was actually rendered by him, except in the case of charges for prospective costs specified in the statute. No fee shall be charged by any officer for administering tlie oath of office to any member of the Legislature, to anv military officer, to aiiy inspector of elections or to any town officer, and no more than twelve and a half cents shall be charged for admin- istering such oath to any other officer. Upon the settlement of an execution by a defendant, or upon settling any suit or demand, the sheriff or attroney claiming any fees which shall not have been taxed, shall, upon being required by the defendant, and on his paying the expense thereof, have his fees taxed by some proper officer of the court in which the action may be pending, or from which, the execution shall have been issued: and unless so taxed such fees are not collectable. But a sheriff or constable is not entitled to his poundage upon an execution unless he make a levy, or take the body of the defend' ant, except in cases where he is prevented by the act of the plain- tiff or the operation of law. Nor can he charge mileage beyond 220 THE CLERK'S ASSISTANT the actual travel where there are several defendants in one pro- cess, who reside at the same place. All clerks and registers of counties claiming any fees by vir- tue of their respective offices, shall, upon being required in writ- ing by the party liable to pay the same, his agent or attorney, and on the payment of the expense thereof, have their fees taxed by some officer authorized to tax costs in the Supreme Court, and either party may appeal from such taxation to the Supreme Court. No clerk or register shall collect any fees, after having been required as aforesaid, to have the same taxed, without such taxa- tion having been made. Witnesses not attending in obedience to subpoenas served on them are not entitled to their fees, and if they receive their fees and do not attend in obedience to the subpoena, such fees may be recovered back. arbitrators' fees. The statute makes no provision for the fees on an arbitration, and the amount should be named in the bond of submission; it not so named they may withhold the award until a reasonable compensation is paid them for each day necessarily spent in the business of the arbitration. It is usual to allow the same sum as is allowed to referees in courts of recoru, viz. : three dollars for each day so spent in the matter of the reference. assessors' fees. $1.50 for each day actually and necessarily devoted to the service of the town. In cities the compensation varies, in some of them they receive a salary. ♦ attorneys' fees. In civil actions, the statute provides that the costs shall be taxed on behalf of party, plaintiff or defendant, j-et in some cases the attorney has a lien on them for his charges in the action. When allowed costs shall be as follows : 1. To the plaintiff for all proceedings before notice of trial (including judg- ment when rendered). In an action where judgment upon failure to answer may be had without application to the court, §15; in an action where judg- ment can only be taken on application to the court, $25 ; and $2 for each additional defendant upon whom process shall have been served, not exceed- ing ten, and $1 for each necessary defendant in excess of that number. 2. To the defendant for all proceedings before notice of trial, §10. 3. To either party for all subsequent proceedings before trial, .$15; attend- ing examination of a party before trial, §10; making and serving a case, $20; making and serving amendments thereto, $10. 4. To either party for the trial of an issue of law, $20 ; for every trial of an issue of fact, $30;. and if trial occupy more than two days, $10 more. 5. To either party on appeal, except to the Court of Appeals, and except appeals in the cases mentioned in section 349 of the Code of Procedure, before argument, $20 ; for argument, $40 ; and for all proceedings after grant- ing and before a new trial, $25. FEES OF OFFICERS. 221 6. To either party on appeal to the Court of Appeal.-?, before argument, S^2U ; for argument, §60; and Avhen a judgment is atHrmed the court may, in its discretion, also award damages for the delay, not exceeding 10 per cent upon the amount of the judgment. 7. To either party, for every circuit or term not exceeding five circuits, and five special and five general terms, at which the cause is necessarily on the calendar, and is not tried or postponed, §10. In addition to these allowances there shall be allowed to the plaintiff upon the recovery of judgment by him, in any action for the partition of real pro- perty, or for the foreclosure of a mortgage, or in which a warrant of attach- laent has been issued, or for an adjudication upon a Avill, or other instrument in writing, and in proceedings to compel the determination of claims to real prv'^perty, the sum of 10 per cent on the recovery, as in the statute prescribed, for any amount not exceeding §200; an additional sum of 5 per cent for any additional amount not exceeding §400, and an additional sum of 2 per cent for any additional amount not exceeding §1,000; and in difficult and extraor- dinar}' cases when a tiial has been had, the court may also in certain actions, in its discretion, make a further allowance to any party, not exceeding 5 per cent, upon the amount of the recovery or claim, or subject matter involved. Costs in foreclosure of mortgage by advertisement; for drawing notice ot sale and drawing proof of sale, 25 cents a folio for drawing and 12i- cents for copying each folio necessary to be drawn and used in such foreclosure, and 12^ cents a folio for each copy of notice necessary to be used; and §10 for super- intending the sale and attending to the execution of the papers. auctioneers' commissions. No higher compensation than a commission of 2^ per cent on the amount of any sales, public or private, made by him unless by virtue of a previous agreement in writing, between him and the owner or consignee of the goods or effects sold. brokers' fees. Not more than 50 cents for brokerage, soliciting, driving, or procuring the loan or forbearance of §100 for one year, and in that proportion for a greater or less sum ; nor more than 38 cents for making or renewing any bond, bill, note or other security given for such loan or forbearance, or for any counter bond, bill, note, or other security concerning the same. CLERK OF THE POLLS* FEES. $1.50 a day, for each day actually and necessarily devoted to the purposes of election. COUNTY clerks' FEES. For searching the records in his office, or the records of mortgages deposited in his office by Loan Officers and Commissioners of Loans, or the dockets of judgments, for each year 5 cents. For searching and certifying the title of and incumbrance upon real estate, 10 cents lor each conveyance and incumbrance certified by him, provided that such fees shall in no case amount to less than 50 cents, nor more than §5. Recording conveyances of real estate, and all other instruments which by law may be recorded, 10 cents for each folio. Filing every certificate of the satisfaction of a mortgage, and entering such satisfaction, 25 cents. Entering a minute of a mortgage being foreclosed, 10 cents. Entering m a book the bond of^ every Collector, 12^ cents. Searching for such bond, 6 cents. Entering satisfaction thereof, 12^ cents. 2%2 THE CLERK'S ASSISTANT. Receiving and filing every paper deposited with him for safe keeping, 3 cents. Searching for every such paper on request, 3 cents for each paper exa- mined. Receiving and fihng the papers of any insolvent, or relating to the proceed- ings against any absent, concealed, absconding or imprisoned debtor, \2\ cents in each case, and such papers are not to bo charged as having been sepa- rately filed. Searching for such papers, 6 cents for each year for which searches shall be made. For determining and certifying the sufficiency of the sureties of any She- rifi", 50 cents. For every report upon the title of the parties in partition, pursuant to a reference for that purpose, %\. For every report respecting the incumbrances upon the estate or inteiest of any party in partition, pursuant to a rule or order for that purpose, $1. For investing the i)roceeds of the sale of any estate, under proceedings in partition, pursuant to the order of the Court, one-half of one per cent upon any sum not exceeding $200, and one-quarter of one per cent for any excess. For receiving tiie interest on such investments and paying over the same to the persons entitled, one-half of one per cent. To every County Clerk, for attendance in canvassing the votes given at any election, $2. , For drawing all necessary certificates of the result of such canvass, and copies thereof, the same fees as are allowed to attornies in Court of Common Pleas, for drafts and copies of pleadings. For recording such certificates, the same fees as are allowed for recording deeds. For making and transmitting certified copies of the returns of Commissioners of Common Schools, 6 cents for each folio, to be paid by the county. For giving notice to the Governor of persons who have taken the oath of oflice, 3 cents for each name. Notifying eveiy person appointed to office, 25 cents, and all expenses thereon which the Comptroller shall deem reasonable. For searching for a bail piece and annexing it to the recognizance roll, 12^ cents. For recording every certificate of incorporation, authorized by law to be recorded, 75 cents. For entering m the minutes of the court a license to keep a ferry and for a copy thereof^ $1. For taking and entering a recognizance from any person authorized to keep a ferry, 25 cents. Entering satisfaction of a judgment when actually done, 12^ cents. For all the services upon the first application of an alien for naturalization papers, 20 cents; upon the completion of the proceedings including a record thereof, and a certified copy to be delivered to any person demanding the same, the sum of 50 cents. For a trial fee in an action to be paid by the party bringing it on, $1 ; on entering a judgment by filing a transcript, 6 cents. On entering judgment, 50 cents, except in courts where the clerks are sala- ried ofiicers and in such courts, $1. He shall receive no other fee for any services whatever in a civil action, ex cept for copies of papers, at the rate of 5 cents for every hundred words. Filing each chattel mortgage or copy, 6 cents; 6 cents each party for enter- ing; searching for such papers, 6 cents each, and the same fees for certified copies, as for copies of records. Filing and entering specification, or copy contract, in the mechanics' and laborers' lien docket, 18 cents. FEES OF OFFICERS. • 223 For an execution issued under the Mechanics' and Laborers' Lien Law, $1. For administering an oath or affirmation, in cases where no fee is specially provided, and the certificate, 12^ cents. CLERKS OF THE COURTS OF OYER AND TERAUNER AND GENERAL SESSIONa Swearing a witness. G cents. • Entering or respiting ;•. recognizance. 12^ cents. Calling and sweariug a jury, 19 cents. Entering a sentence in the minutes kept by him, 124- cents ; and the like fee for every certified copy thereof, and for a transcript thereof for the Secretary of State. Copies of records, indictments and other proceedings, the like fees as are allowed in civil cases for copies of papers filed in his ofiice. CLERK OF THE BOARD OF SUPERVISORS. A reasonable compensation for his services to be fixed by the Board of Su- pervisors and paid by the county, which in the county of Albany shall not be greater in the aggregate than $500, and in Rensselaer county shall not be greater than §4:00. For a certified copy of an account on file in his office 6 cents a folio, for •very folio of one hundred and twenty-eight words. CLERK OF COMMISSIONERS OF EXCISE. $3 per day for services actually performed while the Board of Excise is \ctually in session. CLERKS OF THE POLL AND OF THE BOARD OF REGISTRY. $1.50 a day for each day actually and necessarily devoted to the duties of election. COMMISSIONERS OF DEEDS, For administering an oath or affirmation, in cases where no fee is specially provided for by law, and certifying the same when required, 12^ cents. For taking the acknowledgment of bail in the Supreme Court, and in any Court of Common Pleas (County Court) or Mayor's Court, 25 cents. • For taking the acknowledgment of satisfaction of a decree in Chancery, or of a judgment in the Supreme Court, Court of Common Pleas (County Court) or Mayor's Court, ST^ cents. For taking pi-oof or acknowledgment of a deed, and drawing and signing the certificate, for one person, 25 cents; for each additional person having exe- cuted the same deed, 12^ cents; for swearing each witness, 6 cents. For taking and certifying the acknowledgment or proof of any other instru- ment concerning real estate, which by law m:-.y be recorded, 37^ cents for each person making such acknowledgment, and for each person whose execu- tion shall be proved. COMMISSIONERS OF EXCISE. $3 per day for services actually performed. COMMISSIONERS OF HIGHWAYS. In any town where there is but one such officer, the sum of S2 per day for each day actually and necessarily spent in the discharge of his official duties. and in towns where there is more than one commissioner the sum of §1.50 l^oi each day actually and necessarily spent therein. 224 THE CLERK'S ASSISTANT. COMMISSIONERS IN PARTITION AND ADMEASUREMENT OF DOWER. For every day's actual and necessary service, §2 to each commissioner. COMMISSIONERS TO TAKE TESTIMONY IN CASES IN JUSTICe's COURT. To one or more commissioners for taking and retm-ning testimony, in the whole, $1 ; for every subpoena or oath, 6 cents. COMSnSSIONERS TO LOAN UNITED STATES DEPOSIT FUND. On the interest received by them in each and every year, after the follow- ing rates: Upon §25,000 or a less sum, three quarters of one per cent; upon the further sum of §25,000, or less, half of one per cent; and where the whole sum shall exceed $50,000, half of one per cent, except in the* city and county of New York, in which city and county the commissioners shall upon all sums exceeding $50,000, receive only one quarter of one per cent. In case of a sale of any lands §5 for their services in preparing the notices of such sale and superintending the same. constables' FEES. 1. In civil actions in justices' courts : For serving a warrant or summons, 25 cents. For a copy of every summons dehvered on request, or left at the dwelling in his absence, 15 cents. For serving an attachment, 75 cents ; for a copy thereof, and of the inven- tory of the property seized, left at the last residence of the defendant, 75 cents. Serving affidavit and notice and summons, 50 cents ; copy, 50 cents. For serving an execution, 5 cents for every dollar collected, to the amount of $50, and two and a half cents for every dollar collected over $50. For every mile, going and returning, more than one mile, when serving a summons, warrant, attacliment or execution, 10 cents ; to be computed from the place of the abode of the defendant, or where he shall be found, to the place where the precept is returnable. For notifying a plaintiff of the service of a warrant, 25 cents ; and for going to the plaintiff's residence, or where such notice was served, 10 cents for every mile more than one, going and returning. Summoning a jury, 75 cents. Serving subpoenas, 25 cents, not exceeding four. Summoning a jury in matter of highway, $2; but if the jury are taken from the same town in which the road is located, then $1. 2. In special proceedings in civil cases : Serving a summons, 25 cents; serving a warrant, 50 cents; mileage, for going and returning, 10 cents for each mile. Serving a warrant of distress for rent, $1. Making and certifying an inventory of the articles taken, the cause of the distress, and the amount of rent due, and leaving one copy thereof, $1. Summoning and swearing appraisers, and taking the appraisement, 50 cents, and 25 cents to each of the appraisers. Advertising and selling any property distrained for rent or doing damage, or levying any fine, penalty or sum, pursuant to any warrant, the same fees as are allowed for similar services on executions from justices' courts. Arresting and committing any person pursuant to process, 50 cents ; and mileage, for going only, 6 cents. And for any services not herein provided for, which may be rendered by a constable, the same fees as are allowed by law to sheriffs for similar services. For attending any court pursuant to a notice from the sheriff for that pur- pose, $2 a d,hey shall receive, and a like sum for every dollar they shall pay out. For acting as administrator in cases provided by statute he shall be allowed " f jr his expenses as other administrators, and for his services double the com- missions allowed them by law. 29 226 THE CLERK'S ASSISTANT. CRIER S OF COURTS OF RECORD FEES. The same compensation as Justices of the Sessions, viz. : $2 per day, and 6 ceu.ts per mile in going and returning from court. executors' and administrators' fees. iFor receiving and paying out all sums of money not exceeding $1,000, at the rate of §5 per cent. For receivnig and paying any sums exceeding $1,000, and not amounting to $10,000, at the rate of $2..50 per cent. For all sums above $10,000, at the rate of $1 per cent, and in all cases such allowance shall be made for their actual and necessary expenses as shall appear just and reasonable. For the sale of real estate, their expenses in conducting such sale, including $2 for every deed prepared and executed by them thereon, and a compensa- tion not exceeding $2 a day for the time necessarily occupied in such sale. fence viewers' fees. Such compensation as the electors of each town at the annual town meet- ing shall determine ; and for every mile he shall be obliged to travel from his house to the place where strays are kept, he shall be entitled to receive 6 cents, and 2.5 cents for a certificate of the charges as ascertained by him ; such fees to be paid by the owner of the strays. INSPECTORS OF ELECTIONS. $1.50 a day for each day actually and necessarily devoted to the duties oi^ the oQice. jurors' fees. To each juror impanneled to try a cause in any Circuit Court or County Court, 25 cents for each cause in which he shall be impanneled ; and to each juror sworn in any action in a Mayor's Court, 25 cents ; and the Boards of Supervisors of the respective counties of this State may, at their annual meet- ing, direct a sum not exceeding $1 per day to be allowed to every graijd juror and to every petit juror, for attending the Courts of Eecord held within such county, in addition to any other fees which such jurors may receive ; or they may direct such allowance to be made to grand jurors only, or to petit jurors only ; and they may also direct an allowance to be made to such jurors for traveling, in coming to and returning from such courts, not exceeding 3 cents per mile. The foregoing provisions do not apply in some of the counties of this State. In the city of New York each juror shall be allowed 12^ cents for every action in whicli he is sworn as such. In Schenectady county the jurors are ahowed each 75 cents per day for every day's attendance, and for every twenty miles' travel. In the counties of Rensselaer, Westchester, St. Lawrence, Queens, Niagara, Ulster, Erie, and Livingston, the Supervisors may direct a sum not exceeding $1.50 per day, and may allow travel fees not exceeding 3 cents per mile. In Albany county, $1.50 for each day's attendance, beside travel fees. To each juror sworn before any officer in any special proceeding allowed by law, or before any Sherili" upon any writ of "inquiry, or to try any claim to personal property, 12^ cents. For attending to serve as a juror in a Justice's Court, although not sworn, 10 cents each. For attending and trying a cause, 25 cents each. In proceedings for the laying out, altering or discontinuing highways, jurora who Khali be summoned from" an adjoining town, and shall attend but not FEES OF OFFICERS. 227 serve, shall be entitled each to 50 cents, and if they shall serve, then $1 ; if from the same town, and shall attend and not serve, 25 cents; if they shall serve, then 50 cents each. JUSTICES OF THE PEACE. Justices of the peace are to receive the fees hereinafter stated, for the follow- ing services in civil cases : For a summons, 25 cents ; for warrant, attachment, or transcript of judgment, 25 cents; adjournment, 25 cents; for each subpoena, 25 cents; administering an oath, 10 cents; filing every paper necessary to be filed, 15 cents; swearing a jury, 25 cents; swearing a constable, 10 cents; trial of an issue of fact, in case of an appearance and answer, 75 cents; entering judg- ment, 25 cents; taking affidavit, 10 cents; drawing any bond, 25 cents; receiv- ing and entering verdict of a jury, 25 cents ; venire, 25 cents ; drawing affida- vits, applications and notices, when required by law, 5 cents per folio ; exe- cution, 25 cents; for the renewal of the same, 25 cents ; for making return to an appeal, $2 ; a Avarrant for the apprehension of any person charged with any violation of the laws concerning the internal police of the State, 25 cents ; or with being the father of a bastard, 50 cents; indorsing any such warrant issued from another county, 25 cents ; a summons for any offense relating to the in- ternal police of the State, or in case of any special proceedings to recover tlie possession of land, or otherwise, 25 cents; for drawing a record of conviction for contempts and other special cases, 50 cents; an execution upon any such conviction, 25 cents; a warrant of commitment, for any cause, 25 cents; for a precept to summon a jury in special cases, 50 cents ; swearing such jury, 25 cents ; hearing the matter concerning which a jury is summoned, 50 cents ; receiving and entering their verdict, 25 cents ; for a view of premises alleged to be de- serted, 50 cents ; hearing an application for a commission to examine witnesses, 50 cents; for every order for such commission, and attending, settling and cer- tifying interrogatories, 50 cents ; for taking depositions of witnesses, upon an order or commission issued by some court in this or a foreign State or territory, 10 cents per folio, and for making the necessary return and certificates thereto, 50 cents. $1.50 per day in the performance of duties for the town. In criminal cases the justices receive the following fees : For administer- ing an oath, 10 cents ; a warrant, 25 cents ; a bond or recognizance, 25 cents ; a subpoena, including all the names inserted therein, 25 cents ; a commitment for want of bail-, 25 cents ; for an examination of the accused, Avhere such examination is required by law, $1 ; for every necessary adjournment of the hearing or examination, 25 cents. In bastardy cases, $2 per day. FEES OF COURTS OF SPECIAL SESSIONS. For a venire to summon a jury, 25 cents; for swearing a jury, 25 cents; for swearing each witness on the trial, 10 cents ; for a subpoena, including all names inserted therein, 25 cents; for a trial fee, $1 per day during the necessary and actual continuance of the trial; for swearing constables, 5 cents; for receiving and entering the verdict of the jury, 25 cents ; for entering the sentence of the court, 25 cents ; for warrant of commitment on sentence, 25 cents ; for record of conviction and filing the same, 75 cents; but all such charges in any one case shall not exceed $5, unless such court continue more than one day ; in such case the costs of such additional day may be added thereto ; for a return to any writ of certiorari, to be paid by the county, $2. notary's FEES. For drawing and copy of protest of the non-payment of a promissory note or bill of exchange, or of the non-acceptance of such bill, and giving the requisite notices and certificates of such protest, 75 cents, and 10 cents for each notice, not exceeding five, on any bill or note. But the clerk or 228 . TUE CLERK'S ASSISTANT. oflScer of any moneyed corporation, being a notary public, shall not be entitlerl to charge or receive more than 50 cents for protesting and giving the requisite notices'upon any note or bill of exchange, check or draft payable at the office of such corporation. For drawing aud copy of every other protest, 17 cents for every folio; and for sealing the same, 25 cents. For drawing, copy and serving every notice of non-payment of a bill or note, or non-acceptance of a bill, 25 cents. For performing the same duties w^hich they are authorized to perform as Commissioners of Deeds, the same fees as are allowed Commissioners of Deeds. OVERSEERS OF THE POOR. SI. 50 a day for each day actually and necessarily devoted to the duties of the office. OVERSEERS OF HIGHWAYS. If employed more days in the executing the several duties enjoined on him than he is assessed to work on the highway, he shall be paid for such excess at the rate of 75 cents per day. POUND MASTER. For taking into the pound and discharging therefrom, every horse, ass or mule, and all neat cattle, 12i cents each; for every sheep or lamb, 3 cents; and for every hog, 6 cents ; "and reasonable charges for feeding such beasts, if fed by him, not exceeding 6 cents for each beast, for every twenty-four hours. printers' FEES. Not more than 75 cents per foUo for the first insertion, and 50 cents for each subsequent insertion after the first, except for proceedings in Surrogates' Courts, or any notices required to be published relating to the estates of de- ceased 'persons, and in such cases not more than 50 cents per foho for the first insertion ; and 25 cents per folio for each subsequent insertion after the first. referees' fees. $3 to each for every day spent in the business of the reference ; but the parties may agree in writing upon any other rate of compensation, REGISTERS OF DEEDS. The same fees as are allowed by law to County Clerks, for similar services performed in recording, searching, &c. SCHOOL DISTRICT COLLECTOR. On all sums paid involuntarily within two weeks from the time he receives the warrant for collection, 1 per cent ; and upon all sums collected by hiin after the expiration of the time mentioned, 5 per cent, and in case a levy and sale shall be necessarily made by such collector, he shall be entitled to travel- ing fees at the rate of 6 cents per mile, to be computed from the school-house in such district. SEALERS OF WEIGHTS AND MEASURES' FEES. For sealing and markin^every beam. 10 cents. For sealing and ma-rking measures of extension, at the rate often cents pei yard, cot to exceed 50 cents for any one measure. FEES OF OFFICERS. 229 I I For sealing and marking every weight, 5 cents. For sealing and marking liquid and dry measures, 10 cents for each measure. ■ He shall also be entitled to a reasonable compensation for making weights an^ measures conform to the standards in his possession. sheriffs' fees. For serving a summons or other process by which a suit shall be commenced in a court of law, $1. For traveling in making any such service, 6 cents per mile, for going and : returning, to be computed in all cases from the court house of the county ; and . if there be more than one court house, then to be computed from that which 1 shall be nearest. for taking a bond of a plaintiff in replevin or taking a bond in any other case where he is authorized to take the same, for which no fee is allowed, 50 I I cents. I For a certified copy of such bond, 25 cents. ■ For a copy of every writ made by him when demanded or required by law, • j 19 cents. ; Returning a writ, 12^ cents. j Attending supreme or county court, $3 per day. For serving an attachment for the payment of money, or an execution for the collection of money, or a warrant for the same purpose, issued by the i Comptroller or by any County Treasurer, for collecting the sum of $250 or j less, 3 cents per dollar ; and for every dollar collected, more than $250, 2 cents. Mileage on any execution, 10 cents per mile going only. Advertising goods or chattels, lands or tenements, for sale, on any execu- tion, $2 ; and if the execution be stayed or settled after advertising and before I sale, $1 ; and legal fees paid the printer for advertising. _ ' For every certificate on the sale of real estate, 25 cents a folio, and 12^ cents | a folio each for two copies of the same. For drawing and executing a deed pursuant to a sale of real estate, $2, to '■ be paid by the grantee in such deed. 1 Serving a writ of possession or restitution ; putting any person entitled into j the possession of premises, and removing the tenant, $1.50, and the same i traveling fees as are allowed in serving a summons. | Taking a bond for the liberties of the jail, $1. . i For summoning the jury to attend any court, 50 cents, in each case noticed j for trial at such court, or placed on the calendar thereof for trial. i 'Summoning a jury upon a writ of inquiry, or in any case where it shall be- ' come necessary to try the title to any personal property, attending such jury, | and making and returning the inquisition, $2*50. j Summoning a jury to inquire concerning lunacy, &c., 25 cents, for each ^ juror summoned, for attending such jury, $1. j Summoning a foreign or special jury, pursuant to a venire for that purpose, and returning the panel, $1.12^. ^ j Summoning a jury, pursuant to any precept or summons of any officer in | any special proceeding, $1 ; and for attending such jury when required, $1. I "Bringing up a prisoner upon a habeas corpus, to testify or answer in any | court, $1.50; and for traveling each mile from the jail, 12|- cents. i For attending any court with such prisoner, $1 per day, besides actual necessary expenses. < •Bringing up a prisoner upon any habeas corpus, with the cause of his arrest i and detention, $1.50, and for traveling, 12|- cents each mile from the jail. Attending before any ofiicer with a prisoner, for the purpose of liaving him I surrendered in exoneration of his bail; or attending to receive a prisoner so surrendered who was not committed at the time, and receiving any such pris- oner into his custody, in either case, $1. Attending a view, $2 per day; going and returning, 8 cents per mile. For serving an attachment against the property of a debtor, under the pro- 230 THE CLERK'S ASSISTANT. visions of chapter five of the second pcirt ; or against a ship or vessel, undei the provisions of tlie eightli title of chapter eight of part third (of E. S.), 50 cents, with such additional compensation for his trouble and expenses in tak- ing possession of and preserving tlie property attached, as the officer issuing the warrant shall certify to be reasonable ; and where the property so attached shall afterwards be sold by the Sheriff, he shall be entitled to the same pound- age on the sum collected, as if the sale had been made under an execution. For making and returning an inventory and appraisal, such compensation to the appraisers, not exceeding $1 to each per day, for each day actually employed, as the officer issuing the attachment shall allow ; and for drafting the inventory, 25 cents per folio, and for a copy of the same, 12^ cents per folio. For selling any property so attached, and for advertising such sale, the samf allowance as for sales on executions. For executing any warrant to remove any persons from lands belonging to the People of this State, or to Indians, such sum as the Comptroller shall audit and certify to be a reasonable compensation. For giving notice of any general or special election, to the Inspectors of the different towns and wards of his county, ^1 for each town and ward, and the expenses of publishing such notices as required by law, such fees and expenses to be p.iid by the Supervisors of the county, as part of the contingent charges thereof For any services which may be rendered by a Constable, the same fees as are allowed by law for such services to a Constable. For any person committed to prison, and every person discharged from prison in civil cases, 25 cents for receiving and 25 cents for discharging, to be paid by the plaintiff in the process; for summoning Constables to attend the Supreme or any other Court, 50 cents for each Constable ; for attending the Supreme Court, ^2 per day ; for mileage on every execution, 6 cents per mile, for going only, to be computed from the court house For receiving each execution, 50 cents ; returning same 12i cents. Fees of a Sheriff on an execution issued by a County Clerk on a Justice's judgment are the same as the fees of Constables on a Justice's judgment. IN CRIMIXAL CASES. For every person committed to prison, '67^ cents. For every prisoner discharged from prison, 37^ cents. For summoning a Grand Jury for a Court of Oyer and Terminer or Gene- ' lal Sessions, ^10. For serving a warrant, or performing any other duty which may be per- formed by a Constable, the same fees as are allowed by law to a Constable foi such service. For conveying a single convict to the State Prison or House of Refuge, for each mile from the County Prison from which such convict shall be conveyed, 35 cents; for conveying two convicts, for each mile aforesaid, 45 cents; for conveying three convicts, 50 cents; for conveying four convicts, 55 cents; for conveying six convicts, 60 cents; and for all additional convicts, such reason- able allowance as the Comptroller may think just, which said allowance, with $1 per day for the maintenance of each convict whilst on the way to the Stale Prison, but not exceeding i^l for every thirty miles travel, .shall be in full of all charges and expenses in the premises. (In the county of Piensselaer different sums are allowed.) On sale of land under a decree of the court, he shall receive his disburse- ments for printer's fees, and also the same fees as upon sales by virtue of an execution, but such fees shall in no case exceed the sum of $10. For summoning a jury under the statute in regtard to absconding, concealed and non-resident debtors, $1.12^. FEES OF OFFICERS. 231 supervisors' fees. §1.50 per. day (except "when attending the board of supervisors) for each day actually" and necessarily devoted by them to the services of the town in the duties of their respective offices; and 8 cents per mile for all necessary travel in the discharge of his official duties ; and 3 cents for each name (for making a copy of the assessment roll of his town, and making out the tax bill to be delivered to the collector) for the first hundred names, 2 cents per name for the second hundred names, and 1 cent per name for each name over two hundred. But no per diem allowance shall be made to any supervisor while employed in making out such copy or tax. For attending the meeting of the board of supervisors, at the rate of $2 per day. But these rates do not apply to the supervisors of Albany and Rens- 'selaer counties, in which counties they are allowed, as a compensation each, $100 besides their traveling fees, and no more. STAMPS. Agreement or appraisement — for each sheet or piece of paper on which the same is written, 5 cents. Assignment of lease or policy of insurance — the same stamp duty as on the original instrument ; of a patent right, 5 cents. ' Bank check, drafts or orders, etc., at sight, on demand, 2 cents. Bill of exchange (foreign) — if the sum does not exceed $100, 2 cents; for every additional $100, or fractional part thereof, 2. cents. Bill of receipt for goods to any foreign port, 10 cents. Bill of sale of any vessel, or part thereof — when the consideration does not exceed $500, 50 cents ; exceeding $500, 50 cents for each $500, or frac- tional part thereof Bond — for the payment of money (official), $1; for indemnifying any per- son, 50 cents for each $1,000, or fractional part thereof; of executors, admin- istrators, guardians and trustees, $1. (See Mortgages.) All other bonds, 25 cents. Certificates, 5 cents each. Charter party — if the registered tonnage does not exceed one hundred and fifty tons,.$l; exceeding one hundred and fifty tons, and not exceeding three hundred tons, $3 ; exceeding three hundred tons, and not exceeding six hundred, $5; exceeding six hundred tons, $10. Contract of Broker, 10 cents. (See Agreement.) Conveyance deed, or instrument in writing conveying real estate, the actual value of which does not exceed $500, 50 cents ; for every additional $500, or fractional part thereof, 50 cents. Entry of any goods not exceeding $100 in value, 25 cents; exceeding $100 and not exceeding $500, 50 cents; exceeding $500 in value, $1 ; for the with- drawal of any goods, 50 cents. Insurance (marine, inland and fire) — if ilie premium does not exceed SlO, 10 cents; exceeding $10 and not exceediLig '*;50, 25 cents; exceeding $50, 50 cents. (Life) — when the amount insured does not exceed $1,000, 25 cents; exceeding $1,000 and not exceeding $5,000, 50 cents; exceeding $5,000, $1. Lease — where rent does not exceed $300 per annum, 50 cents; exceeding $300, for each additional $200, or fractional part thereof, 50 cents. Manifest — if the tonnage does not exceed three hundred tons, $1 ; exceed- ing three hundred tons and not exceeding six hundred tons, $3 ; exceeding six hundred tons, $5. Measurers' returns — not exceeding one thousand bushels, 10 cents ; exceed- iug one thousand, 25 cents. Mortgage, or trust deed for the payment of money — not exceeding $500, 232 THE CLEEK'S ASSISTANT. 50 cents; for every additional §500, or fractional part thereof, 50 cents. When the mortgage is stamped^ the accompanying bond need not be stamped. Passage ticket from the United States — costing not more than §35, 50 cents; more than $35 and not exceeding $50, $1; for overy additional $50, or fraotion.al part thereof, $1. Power of attorney — to sell or transfer stocks or collect dividends, 25 cents ; to vote, 10 cents ; to receive or collect rents, 25 cents ; to sell, convey or lease real estate, .$1 ; for any other purpose, 50 cents. Probate of a will — when the value of the estate does not exceed $2,000, ,S1 : for every additional $1,000, or fractional part thereof, 50 cents. Protest, 50 cents. Warehouse receipt — if the value of the goods does not exceed $500 in value, 10 cents; exceeding $500 and not exceeding $1,000, 20 cents; for every additional $1,000, or fractional part thereof, 10 cents; for any goods not otherwise provided for, 25 cents. surrogates' fees. By the Laws of 1870, chapter 467, the several boards of supervisors were empowered to fix the salary of the county judge, and of the surrogate when elected as a separate officer ; such salaries to be payable out of the county treasury ; provided that the salary of no county judge or surrogate shall, when once so" established, be diminished during liis term of ofi&ce. The Laws of 1869, chapter 246, provides that no surrogate shall charge_ or receive any fee or compensation for any official services performed by him, except for' copies of records or papers, for which he shall charge and receive, for the use of the county, the same fees which he was authorized to receive before the passage of the act. The board of supervisors of any county may authorize the surrogate of such county to appoint a clerk, and may authorize said clerk to receive, for his own use, the legal fees for making copies of any record or paper in the office of such surrogate. For the translation of any will from any other than the English language, 10 cents for every folio. Copies and exemphfications of any record, proceeding or order had or made before him, or of any papers filed in his office, transmitted on an appeal or furnished to any party on his request, 6 cents for every foho, to be paid by the person requesting the same. surveyors' fees. For actual service in surveying, laying out, marking and mapping any real estate, of Aviuch partition shall be made pursuant to law, or of which dower shall be admeasured, §2.50 per day. For each of his necessary chain and flag bearers and other necessary assist- ants, $1 per day. TOWN clerks' fees. §1.50 a day for each day actually and necessarily devoted to the service of the town in the duties of the office. • For filing every chattel mortgage or copy, 6 cents ; for registering the same, 6 cents ; for searching for each paper, 6 cents ; and the like fees for certified copies of such instruments or copies as are allowed by law to clerks of coun- ties for copies and certificates of records kept by them. For making the sale of drifted lumber unclaimed, the same fees as are allowed to officers making sales on executions issued out of justices' courts. For drawing and certifying a jury to re-assess damages for laying out, alter- ing or discontinuing a highway, 50 cents. FEES OF OFFICEES. 233 For entering a note of strays, 6 cents each for all neat cattle and horses, and 3 cents for each sheep, to be paid by the person delivering the note. For filing alid entering a certificate of marriage, 25 cents; and 10 cents for a copy of such certificate, or of tlie entry thereof TOWN collectors' FEES. They shall receive 2 per cent fees on all voluntary payments made to them within thirty days after the posting of notice by such collector, in all cases where the aggregate amount to be collected by warrant when put into their hands shall not exceed the sum of $2,000; in other cases 1 per cent fees for receiving or collecting, and 1 per cent fees on every amount of tax under $1 ; and after said thirty days, 5 per cent fees for all taxes collected by them, and 2 per cent for all taxes returned by him to the County Treasurer uncollected. TRUSTEES OR ASSIGNEES OF ABSCONDING, CONCEALED AND NON-RESIDENT DEBTORS. In addition to the necessary disbursements, a commission at the rate of 5 per cent on the whole sum whuch will have come into then- hands. witnesses' fees. In Courts of Records, for each witness, 50 cents for each day while attend- ing any court or officer, and if the witness resides more than three miles from the place of attendance, traveling fees at the rate of 4 cents per mile, going and returning. In Justices' Courts, if from the same county subpoenaed and attending, 25 cents ; from any other place than the same county, 25 cents for every day's actual attendance. When any person shall attend a Court of Oyer and Terminer, or a Court of Sessions, or a Circuit Court, on the trial of an indictment removed from any Court of Oyer and Terminer into the Supreme Court, as a witness on behalf of the people of this State, upon the request of the public prosecutor, or upon a subpoena, or by virtue of a recognizance for that purpose, and it shall appear that such person has come from any other State or Territory of the United States, or from any foreign country, or that such person is poor, the court may, by an order in its minutes, direct the County Treasurer of the county in which the court may be sitting, to pay to such witness such sum of money as shall seem reasonable for his expenses. 30 M I CHAPTEE XIX. FENCE VIEWERS. The Assessors and Commissioners of Highways in each town are, by virtue of their offices, Fence Viewers in their respective towns. Fence Viewers have power, and it is their duty, to settle dis- putes concerning division fences, and floating timber, lumber, &c., within their respective towns, to ascertain the amount of damages when sheep are injured or killed by dogs, and the charges to which persons keeping strays are entitled. Where two or more persons shall have lands adjoining, each of them shall make and maintain a just proportion of the divi- sion fence between them, except the owner or owners of either of the adjoining lands shall choose to let such land lie open. Where a person shall nave chosen to let his land lie open, if he shall afterward inclose it, he shall refund to the owner of the adjoining land a just proportion of the value at that time, of any division fence that shall have been made by such adjoining owner ; or he shall build his proportion of such division fence. The value of such fence, and the proportion thereof, to be paid by such person, and the proportion of the division fence to be built by him, in case of his inclosing his land, shall be deter- mined by any two of the Fence Viewers of the town. If a dis- pute arise between the owners of adjoining lands, concerning the proportion or particular part of fence to be maintained or made by either of them, such dispute shall be settled by any two of the Fence Viewers of the town. When any matters in dispute shall be submitted to Fence Viewers, each party shall choose one ; and if either neglect, after eight days' notice, to make such choice, the other party may select both. 236 THE CLERK'S ASSISTANT. In case of their disagreement, they shall select another Fence Viewer to act with them, and the decision of any two shall be final upon the parties to such dispute, and upon all parties hold- ing under them. Their decision is to be reduced to writing, and forthwith filed in the office of the Town Clerk. A part}^ neglecting or refusing to make or keep in repair his •proportion of division fence, cannot recover damages arising from such neglect, but shall be liable to pay to the party injured such damages as may arise or be occasioned by his neglect. K such neglect or refusal shall be continued for the period of one month after request in writing, to make or repair such fence, the party injured may make or repair the same at the expense of the party so neglecting or refusing to be recovered from him with costs of suit. If any person who shall have made his proportion of a divison fence, shall be disposed to remove his fence, and suffer his lands to lie open, he may, at any time between the first day of Novem- ber in any year, and the first day of April following, but at no other time, give ten days' notice to the owner or occupant of the adjoining land of his intention to apply to the Fence Yiewers of the town for permission to remove his fence ; and if at the time specified in such .notice any two of such Fence Yiewers, to be selected as aforesaid, shall determine that such fence may with propriety be removed, he may then remove the same. If the fence be removed without notice and permission, the party removing the same shall pay to the party injured, all such damages as he may sustain thereby, to be recoerved with costs of suit. Each party is bound to keep his proportion of fence in repair, if he neglects to do so, the other party may require him to repair the same by a requisition in writing, within ten days after service of such notice or requisition. If he neglect to repair the same for ten da3^s, the party injured may make or repair the same at the expense of the party so refusing or neglecting, to be recovered from him with costs of suit. "Witnesses may be examined by the Fence Yiewers on all ques- tions submitted to them, and either of such Fence Yiewers shall have power to issue subpoenas for, and to administer oaths to such witnesses. FENCE VIEWERS. 237 Whenever any person shall have distrained any neat cattle horses or sheep doing damage, unless such beasts are redeemed, (when the proper notice has been given), between the first day of May and the twentieth day thereafter, he shall give notice to one of the Fence Viewers of the town, whoso duty it shall be to ascertain, according to the best of his knowledge and judgment, the reasonable charges of keeping such stray, a certificate where- of shall be given to the person applying for the same. "Whenever any logs, timber, boards or plank in rafts or other- wise, shall have been drifted upon any bank or shore of any waters, the owner may remove the same after paying or tender- ing the amount of damages occasioned ; and if the parties cannot agree as to the amount of such damages, either party may apply to any two of tlie Fence Viewers of the town or city in which such lumber may be found, whose duty it shall be after hearing the proof and allegations of the parties, to determine the same, at the expense of the owner of the lumber, and their decision shall be conclusive. The owner of any sheep or lambs that may be killed or injured by any dog, may apply to any two Fence Viewers of the town, who shall inquire into the matter, and view the sheep injured or killed, and may examine witnesses in relation thereto, for which purpose either of them shall have power to administer oaths. If they are satisfied that the same were killed or hurt only by dogs, and in no other way, they shall certify such fact, the num- ber of the sheep killed or hurt, and the amount of the damages sustained thereby to the owner, together with the value of the sheep hurt or killed. FORMS IVo. X. CERTIFICATE OF FENCE VIEWERS, APPRAISIXG VALUE OF FENCE, WHERE LAND WHICH HAS LAIN OPEN HAS BEEN ENCLOSED. County of Albany, Toimi of Knox, ss. Whereas, E. H. and B. R., being thr owners of certain adjoining lands in the town aforesaid, and the said H. having, on or about the 3d day of May, 1858, erected a division fence between the land belonging to him and that of the said R., who allowed his own lands to lie open ; And whereas, The said R. has recently inclosed the said land belonging to nim, and a disagreement having arisen between tlie said parties as to the just proportion of the value of the said" division fence to be paid for by the said R. ; . And we, having made due inquiry into the facts and circumstances, and examined the premises, do find that the following is a correct description of the fence built by the said H., as aforesaid, to wit (here describe the fence) : that the value of the fence, at the time of erecting the same, was $60 ; and that the just proportion of said value to be paid by the said R. to the said H. is $27, and that the fees for our services amount to $6. Given under our hands this 3d day of April, 1860. L. M., R. H., Fence Viewers. Wo. 3 . • CERTIFICATE UPON DECIDING DISPUTE BETWEEN OWNERS OF ADJOINING LANDS. Albany County, Town of Bern, ss. A. B. and C. D., being the owners of certain adjoining lands in the said town of Bern, and disagreeing concerning the respective portions of a division fence to be made (or kept in repair) by them : Now know ye, that we, the subscribers, Fence Viewers of said town, do hereby certify, that upon the applicatibn of the said A. B. and C. D., we exa- mined the premises, and heard the allegations of the said parties, and due deliberation thereon having been had, we do determine that said division fence be built as follows, to wit (insert description) : and that one-half of said fence (the east end) is the proper fence and the proper proportion thereof to be built (or to be put in repair and kept in repair) by the said A. B., and the remainder of the said fence is the proper proportion thereof to be built (or put and kept in repair) by the said C. D. And we further certify, that our fees for our services herein amount to $12. Witness our hands this 2d day of April 1860. L. P., R. S., Fence Viewers. FENCE VIEWERS. 239 IVo. 3. FENCE viewers' APPRAISEMENT WBERE ONE PARTY HAS NEGLECTED TO KEEP HIS FENCE IN REPAIR. County of Clienango, Town of Columbus^ ss. Application having been made to the undersigned by E. 0., the owner of land adjoining the land of M. T. in said town, to ascertain and appraise certain damages arising in consequence of the refusal (or neglect) of the said T. to keep in repair (or to make) his proportion of a division fence between the aforesaid lands, we have examined the premises, and after inquiry and examination by us made, we do decide and determine that the said R. C. has sustained damage to liis land, crops, fruit trees and shrubbery, in consequence of the refusal (o?- neglect) of the said M. T. to maintain (or make) his proportion of such division fence, as afore- said, which said damages we have ascertained, and appraise at ^75. Our fees herein are •'$12. Witness our hands this 3d day of April, 1860. L. P., E. P., Fence Viewers. JSo. 4. NOTICE THAT A PARTY WISHES TO REMOVE HIS PROPORTION OF DIVISION FENCE AND LET HIS LAND LIE OPEN. To E. S., Esq. : Take notice tliat I shall make application to L. M. and R. H., two of the Fence Viewers of the town pi' Columbus, on the 30th day of March instant, for permission to remove the division fence between the land occupied by you in said town, and that owned and occupied by me, lying adjacent thereto. Dated March 15, 1860. Yours, &c., B. P. DETERMINATION OF FENCE VIEWERS TH.\T DIVISION FENCE MAY BE REMOVED. County of Chenango, Town of Colunibus, ss. We, the undersigned, two of the Fence Viewers of said town, do hereljy certify that upon the application of B. P., in accordance with a notice, of wdiich a copy is hereto annexed, have examined the premises where the division fence named in said notice is situa- ted, and do decide and determine that the same may with propriety be re- moved. Witness our hands this March ;J0, 1800. L. M., E. H., Fence Viewers. ISo. O. CERTrriCATE WHERE CATTLE ARE DISTRAIXEn DorXG DAMAGE. County of Rensselaer, Town of Sandlake, ss. Application having beeii made to us, two of the Fence Viewers of said town, by S. W., of said town to appraise the damages done by a (describe the animal) distrained by him doing damage on his lands: We hereby certify that we have examined and ascertained the damage, and that the same amount to the sum of $30, and that our fees for our services herein are $6. 240 THE CLERK'S ASSISTANT. And a dispute having arisen between the said S. "W., of the one part, and B. H., of the other part, touching the sufficiency of the fence along the bank of a brook on the premises of the said S. W., which fence has been examined by us, and we have heard the allegations of the parties, and examined their witnesses in relation thereto ; and we certify that we consider the said fence insufficient {or sufficient). Witness our hands this April 3, 1860. L. M., R. N., Fence Viewers. CERTIFICATE OF FENCE VIEWER WHERE STRAY HAS NOT BEEN CLAIMED OR RE- DEEMED. County oj Columhia, Town of Canaan, ss. The undersigned, one of the Fence Viewers of said town, having received notice from B. J., of said town, that the following stray animals, to wit (here describe them) : came, on or about the 15th day of January, 1860, upon the inclosed lands of the said B. J., which strays have since that time been kept by the said B. J., and now re- main unredeemed and unclaimed. This is to certify that I have ascertained, according to the best of my knowledge and judgment, the reasonable charges of keeping such strays, and that the same amount to the sum of ^25 ; and that the fees f' r my services amount lo $3. ■W-tness mj >iand this April 3, 1860. L. M., Fence Viewer. CHAPTER XX. FERRIES. The County Court in each of the counties of this State shall grant licenses for keeping ferries in their respective counties to as many suitable persons as they may think proper; which licenses shall continue in force, for a term to be fixed by the court, uot exceeding three years. Such licenses are to be granted to the person owning the land, and when the owner of such land neglects to apply, then any other person may apply for such license, on giving notice to the owner of such land, at least eight days before the sitting of the court, of his intention to make such; application. Every person applying for such license, shall, before the same be granted, enter into a recognizance to the people of this State in open court, in the sum of one hundred dollai^, faithfully to keep and attend such ferry, with such and so many sufficient and safe boats, and so many men to work the same, as shall be deemed necessary, together with sufficient implements for said ferry during the several hours in each day, and at such several rates as the court granting the license, shall, from time to time, order and direct; which recognizance shall be forthwith filed with the clerk of the county. The license so granted to be entered in the book of minutes of the court by the clerk ; and a copy thereof, attested by him, shall be delivered to the person licensed. Whenever the waters shall divide two counties, the court of either county may grant the license. If any person (except within the counties of Essex and Clin- ton, the counties of Orange, Rockland and Westchester, and the counties (in the former first Senate district being the counties), of New York, Richmond and Kings), shall use any ferry for transporting across any river, stream or lake, any person or any 31 242 THE CLERK'S ASSISTANT. goods, chattels or effects, for jDrofit or liire, unless authorized in the manner directed by the statute, such person shall be con- sidered guilty of a misdemeanor ; and on conviction, shall be subject to such fine, for the use of the county, as the court may adjudge, not exceeding twenty -five dollars for each offense: and if the ofiense is committed on waters which divide two counties, the person so ofiending may be proceeded against in each of said counties; but the fine to be imposed, shall not exceed twelve dollars and fifty cents in each case. The foregoing provisions are not to affect any legal rights or privileges whatever, belonging to any individual or corporation by virtue of any law of this State or otherwise, nor shall they affect or alter the ferries granted by charter to the corporations of Albany and Hudson, or alter or impair any grant made by this State. The ferry being a franchise, the public have an interest in the use of the same, and if the owner of the ferry refuse to trans- port an individual or his property without any reasonable excuse, upon being paid the usual rate of fare, he is liable to respond in damages for such refusal. The grantee of the ferry, unless he owns the land on both sides of the stream^across which the ferry is granted, must obtain the right of passageway over the land from the owners thereof, as the right to ferry gives no right to use the land on either bank • J of the stream, such land being private property. T* i 1 FORMS. No. 1. KOTICE TO 0\VXES OF LANDS OF APPLICATION FOR A LICENSE FOR A FERBT. To D. C, Esq. : Sir : Please take notice that the undersigned will apply to the Columbia County Court at the next term thereof, to be held at the court house in the city of Hudson, on the 4th day of April, I860, at the opening of the court on that day, or as soon thereafter as a hearing can be had, for a hcense to be granted to the undersigned to keep a ferry across the river from the termination of the highway running through your land to (give a particular description of the location of the ferry). Yours, &c., March 20, 1860. ' B. A. No. S. PROOF OF SERVICK OK 1 1 REGOINO NOTICE. • County of Columbia, City of Hudson, ss. G-. H. of said city, being sworn, says, that at the town of Greenport, in said county, on the 21st day of March, 1860, he personally served on D. O. the within notice, and such service was made by delivering to and leaving with him, the said D. C, a true copy of the same. G. H. Sworn, &C. No. 3. APPLICATION FOR A FERRY BY AN OWNER OF THE LAND WHERE A FERRY IS TO EB SITUATED. To the Hon. the County Court of Columbia County : The application of B. A., of the town of Greenport, in said county, respect- fully showeth : That he is the owner of the land in said town, on the bank of the Hudson river, through (or near) which the public highway runs, leading from the village in said town to the said river, and that a ferry ought to be established, for the convenience and accommodation of the public, across the said river at the place aforesaid : Wherefore, the undersigned, B. A., hereby applies to the said court to grant him a license to establish such ferry, on hi' complying with the statute in such case made and provided. B. A. March 21, 1860. 244 THE CLERK'S ASSISTANT. ISTo. 4- APPLICATION FOR A FERRY BY A PERSON NOT OWNING THE LAND. To the Hon. the Columbia County Court : The petition of B. A. respectfully showeth that he is a resident of the tomi of Greenport, in said county, and that a ferry ought to be established, for the accommodation and convenience of the public, across the Hudson river, at the place where the public highway crosses the land of D. C. to the said river, and the said D. C, who is the owner of the land through which the highway runs as aforesaid, having neglected to make apphcation for such license, due service of the notice of this apphcation having been served upon him, as appears by a copy of said notice and proof of service thereof hereunto annexed : Wlierefore, the undersigned petitions this honorable court to grant him a license to estabhsh such ferry, on his compliance with the provisions of the statute in such case made and provided. And your petitioner will ever pray, &c. B. A. March 22d, 1869. RECOGNIZANCE. Staf£ of New York, County of Columbia, ss. Be it remembered, that I, B. A., of the town of Greenport, in said county, do acknowledge myself hereby indebted to the People of the State of New York, in the just and full sum of SlOO, to be well and truly paid to the said People if default shall be made in the conditions following : Whereas, I, the said B. A., have this day applied to the Columbia County Court for a license to keep a ferry upon the Hudson river, in the town of Greenport, in said county : Now the condition of this recognizance is such, that if I, the said B. A., shall faithfully attend and keep the said ferry, pro- vided a license be granted for that purpose as. aforesaid, with such and so many sufficient and safe boats, and a sufficient number of m^n to work the same, together with sufficient implements for said ferry as shall be deemed necessary during the several hours in each day. and at such rates as this court shall direct, then this recognizance to be void, otherwise to remain in fuU force and virtue. B. A. [l. s.l Subscribed and acknowledged in open Court, ) this 4th day of Ap.il. 1' 60, before me, [ R. P., County Clerk of Columbia County No. 6. LICENSE FOR A FERRY. At a County Court held in the court house in the city of Hudson, in and for the county of Columbia, the 4th day of April, 1860. Present — Hon. G. 0., County Judge. Whereas, B. A., of the town of Greenport, in said county, has made appli- cation for a license to keep a ferry across the Hudson river at Greenport afore- said, it is hereby ordered and determined, that this license be granted to the said B. A. to keep a ferry at the town of Greenport (here describe the place particularly), for the term of three years from this date. And the said B. A. FERRIES. 245 is allowed to collect and receive ferriage for the transportation of travelers, property and efiects, over and across the said ferry, at and after the following rates, and for no greater sum or sums for such transportation, viz. : (give the rates.) P. K., Clerk. No. 7. CERTIFICATE OF CLERK INDORSED ON A COPY. State of New York, County of Columbia, ss. I do hereby certify that I have compared the witliin copy of a Ucense with the original this day entered of record in this court, and that the same is a correct copy thereof and of the whole of said original. In testimony whereof, I have hereunto affixed my name, and my official seal, this 4th day of April, 1860. P. R., |l. s. Clerk CHAPTER XXI. HIGHWAYS. The electors of each town shall have power at their annual town meeting, to determine by resolution whether there shall be chosen one or three Highway Commissioners, and the number so determined upon shall be balloted for and chosen ; and if only one shall be determined upon and chosen, he shall possess all the powers and discharge all the duties of -Commissioners of High- ways as prescribed by law, and shall hold his office for one year. And whenever three Commissioners are chosen, they are to be divided into three classes, one to hold for one year, one for two years, and one for three years ; and thereafter there shall be one Commissioner elected annually who shall hold his office for three years, and until a successor shall be duly elected or appointed. Any Commissioner elected to fill a vacancy shall hold only for the unexpired term which shall have become vacant. When any vacancy shall happen by death, removal, resignation, neglect to qualify, or refusal to serve, any three Justices of the town, or two Justices and a Supervisor, shall appoint one to fill the va- , cancy until the next annual town meeting. Every Commissioner of Highways is authorized to administer oaths to any witnesses or juries, in proceedings which may be had by or before them. Any town, having determined on and elected three Commis- sioners, may reduce the number to two, or to but one, by a reso- lution passed to that effect ; and when such resolution shall have been passed, no other Commissioner shall be elected or appointed until the term or terms of those in office at the time of adopting such resolution shall expire or become vacant, and they shall have power to act until their terms shall severally become vacant, or expire, as fully as if the three continued in office. HIGHWAYS. 247 Eacli Commissioner shall, before entering upon the duties of bis office, and within ten days after notice of his election or appointment, execute to the Supervisor of his town a bond, with two sureties, to be approved by him, in the penal sum of one thousand dollars, conditioned that he will faithfully discharge the duties of his office, and within ten days after expiration of his terra of office, pay over to his successor what money may be remaining in his hands as such Commissioner, and render to such successor a true account of all moneys received and paid out hy him as such Commissioner. Commissioners are also, ex officio , fence viewers for their respective towns. Commissioners of Highways have the care and superintend- ence of the highways and bridges in their towns ; and it is their dut}^: To give directions for the repairing of the roads and bridges vNntbin their respective towns. To regulate the roads already laid out, and to alter such of rliem as they, or a majority of them, shall deem inconvenient. To cause such of the roads used as highways as shall have been laid out, but not sufficiently described, and such as shall have been used for twenty years, but not recorded, to be ascertained, described and entered of record in the town clerk's office. To cause the highways and bridges which are or may be erected over streams intersecting highways, to be kept in repair. To divide their respective towns into so many road districts as they shall judge convenient; such division to be made annually, if they shall think it necessary. To assign to each of the said road districts such of the inhabi- tants as they shall think proper, having regard to proximity of residence as much as may be. And whenever a road has been laid out and not worked for more than a year, and any number of inhabitants of the town through which such road has been laid out, shall have given ten days' notice to the Commission- ers of said town that they desire to apply the whole or any part of their highway labor to the working of said road, the said Com- missioners shall forthwith assign the inhabitants to such road, and direct the same to be worked under the direction of any of the said inhabitants whom such Commissioners may appoint as 248 THE CLERK'S ASSISTANT. an overseer of the labor so to be applied to such road ; and when necessary, they may anticipate the whole or any part of the labor assessed and to be assessed for a period not exceeding three years. To require the Overseers of Highways, from time to time, and as often as they shall deem necessary, to warn all persons assessed to work on highways, to come and work thereon, with such im- plements, carriages, cattle, or sleds, as the said commissioners, or any one of them, shall direct. To lay out, on actual survey, such new roads in their respec- tive towns as they may deem necessary and proper, and to dis- continue such old roads and highways as shall appear to them, on the oaths of twelve freeholders of the same town, to have be- come necessary. To render an account annually to the board of town auditors, stating the labor assessed and performed in such town, the sums received by such Commissioners for fines and commutations, and all others received by him in regard to roads and bridges ; the improvements which have been made on the roads and bridges, and an account of their state, and a statement of the improve- ments necessary to be made on such roads and bridges, and an estimate of the probable expense of making the same beyond what the labor to be assessed in that year will accomplish. To deliver to the Supervisor of their respective towns a state ment of the improvements necessary to be made on the roads and bridges, together with the probable expense thereof. To apply in open town meeting for a vote authorizing an ad- ditional sum to be raised for the improvement of roads and bridges, when they shall deem the sum now provided by law will be insufficient. To cause mile-boards or stones to be erected where not already erected, on the post roads and such other public roads in their town as they may think proper, at the distance of one mile from each other, with such foir and legible inscriptions as they may think proper. To cause guide-posts, with proper inscriptions, to be erected at the intersection of all the post roads, and at the intersection of such other roads in the town as thc}^ may deem necessary. HIGHWAYS. 249 Tc direct and empower any Overseer of Higliways to procure a good and sufficient iron or steel-shod scraper and j^low, or either of them, for the use of his road district. To prosecute the Overseers of Highways in certain cases, where they have refused or neglected to perform their duties. As many Overseers of Highways are to be elected in the seve- ral towns as there are road districts in such towns ; and it is their duty: To repair and keep in order the highways within the several districts for which they shall have been elected. To warn all persons assessed to work on the highways, in their respective districts, to come and work thereon. To cause the noxious weeds on each side of the highway with- , in their respective districts, to be cut down or destroyed twice in j each year — once before the first day of July, and again before the first day of September. To collect all fines and commutation money, and to execute all lawful orders of the commissioners. To cause all loose stones to be removed from the beaten track of every road in their respective districts, once in every month, from the first day of April to the first day of December. To cause the monuments erected as the boundaries of highways, to be kept up and renewed, and the guide posts to be maintained and kept in repair. To make additional assessments for the improvement of the roads or to procure an iron or steel shod scraper or plow, when the original assessment is not sufficient. Every person, owning or occupying land in the town in which he or she resides, and every male inhabitant above the age of twenty-one years residing in the town, where the assessment is made, shall be assessed to work on the public highways in such town ; and the lands of non-residents, situated in such town shall be assessed for highway labor. Lands of non-residents occupied and improved shall be liable to the same assessments as residents. The overseer of highways is to furnish the Town Clerk the names of all the inhabitants of his road district who are liable to work on the highways, and the commissioners are to make out a list of the property to be assessed for highway purposes, describ- ing the same in the same manner as is done by the Assessor, and 32 250 THE CLERK'S ASSISTANT. the same value is to be affixed thereto, and the commissioners are to ascertain, estimate and assess the highway labor to be per- formed in their town the then ensuing year. The whole number of days' work to be assessed in each year shall be ascertained, and shall be at least three^ times the number of ta:j^able inhabi- tants in the town, every male inhabitant being above the age of twenty-one years (except ministers of the Gospel, and priests of every denomination, paupers and idiots, and lunatics), shall be assessed at least one day. The residue of such work is to be assessed and apportioned upon all the estate, real and personal in the town, as the same shall appear by the last assessment roll of the town, including property of non-residents as well as resi- dents, and all moneyed or stock corporations. When the Commissioners have completed their lists of assess- ment, they are to give them to the Town Clerk, who is to make a copy of each list and subscribe the same, and cause the several copies to be delivered to the respective Overseers of Highways of the several districts in which the highway labor is assessed. If the names of any persons have been left out, they are to be added by the Overseers, and they are to rate them in proportion to their real and personal estate. Any non-resident owner feeling himself aggrieved by the assessment of any Commissioners of Highways, he, or his agent, within thirty days after such assessment, may appeal to the County Judge of the county where the land is situated, and the judge within twenty days thereafter is to decide on such appeal, and his decision shall be final and conclusive between the parties. Persons living on private roads which they work, are to be credited so much , work on their assessments as the Commis- sioners may deem necessary to work such private roads. The Overseers of Highways are to give all persons residing in their respective districts assessed to work highways at least twenty-four hours' notice, when and where they are to work, and with what implements : and he is to give a like notice of five days to the agent of any non-resident who is assessed in his district. And every person so notified may elect to commute either for the whole number of days he may be assessed to work or for some part thereof, at the rate of sixty-two and a half cents for each day, but such commutation money must be paid into the HIGHWAYS. 251 hands of the Overseer within twenty-four hours after such per- son shall have been notified to appear and work on the high- ways. Every person assessed and notified to appear and not commut- ing who shall refuse or neglect to appear, shall forfeit for every day's refusal or neglect the sum of one dollar. If he was re- quired to furnish a team, carriage, man or implements, and shall refuse or neglect to comply, he shall be fined as follows : For wholly omitting to comply with such requisition, three dollars for each day ; for omitting to furnish a cart, wagon or plow, one dollar for each day ; for omitting to furnish a pair of hbrses or oxen, one dollar for each day ; for omitting to furnish a man to manage the team, one dollar. It is the duty of the overseer, within six days after such re- fusal or neglect, unless a satisfactory excuse shall be rendered to him for such refusal or neglect, to make complaint to one of the Justices of the Peace of the town. And the fine when collected is to be paid over to the overseer to be expended in improving the roads and bridges in the district of which he is overseer. The overseer is to make an annual report, on the second Tues« day preceding the time of holding the town meeting, verified by his oath, containing a history of the whole proceedings as such overseer. Every person liable to be assessed for highway labor, whether a resident of the town or not, may apply in writing to the Com- missioners of highways in the town in which his lands are situa- ted to alter, discontinue or to lay out any road through the same. And the Commissioners, either upon such application or other- wise, whenever they shall lay out, alter or discontinue any road, shall cause a survey to be made of such road, and shall incor- porate such survey in an order to be signed by them and to be filed and recorded in the office of the town clerk. And the town clerk shall post a copy of such order on the door of the house where the town meeting is usually held, and the time limited for appealing from any such order shall be computed from the time of recording the same. Public or private roads are not to be laid out through anv orchard of four years' growth, or any garden cultivated for four years or more, or through any buildings, fixtures or erections for 252 TEE CLERK'S ASSISTANT. the purposes of trade or manufactures, without the consent of the owner. Nor shall a road be laid out through improved or cul- tivated land without such consent, unless certified to be necessary by the oath of twelve reputable freeholders of the town. Every person applying for laying out a highway shall cause notice to be posted up at three most public places of the town, specifying the route of the road and the time and j^lace at which the freeholders will meet ; such notice to be posted up six days previous to the time of meeting. A like notice must also be served on the occupant of the land through which the road is to run. If twelve respectable freeholders, not interested in the lands to be taken, shall appear at the time and place specified in the notice, they are to be sworn by some person authorized to ad- minister oaths, and shall examine the route of such highway and if in their opinion such highway is necessary and proper, they shall make and subscribe a certificate in writing to that effect and deliver it to the Commissioners. The Commissioners are to meet at the same time, and to hear any reasons that may be given for or against the road ; and if they determine to lay out the road they are to make out a certificate describing such road particu- larly and deposit it with the Town Clerk. The damages to be allowed for altering or opening roads are to be assessed by three Commissioners to be appointed by the County Court, and a copy of their assessment is to be filed with the town clerk. Any per- son feeling himself aggrieved by such assessment may appeal therefrom and ask for a jury to reassess the damages. The jury are to be drawn at the clerk's ofiice of an adjoining town of the same county by the Town Clerk thereof, from those whose names are on the last list filed in said Town Clerk's ofiice of those select- ed and returned as jurors to serve in Courts of Eecord. Twelve persons are to be drawn as jurors, who are to be summoned by a Justice of the Peace of the town where the damages are to be assessed. The summons is to specify the time and place of meet- ing and to be served by a Constable. Upon such persons ap- pearing, the Justice, who issued the summons, shall draw hy lot six persons to serve as a jury, who shall reassess the damages required to be reassessed, and deliver their certificate of such re- assessment to the Commissioners, and such assessment shall be final. HIGHWAYS. ^53 All public roads to be laid out bj the Commissioners of High- ways shall not be less than three rods wide, and all private roads shall not be more than three rods wide. Any person conceiving himself aggrieved by any determina- tion of the Commissioners of Highways, either in laying out, altering or discontinuing any road, or in refusing to lay out, alter or discontinue any road, may at any time within sixty days after such determination shall have been filed in the office of the Town Clerk, appeal to the County Judge of the county, and such Judge, or in case of his dis'ability, for any cause, then one of the Justices of the Sessions shall, after the expiration of said sixty days, appoint in writing three disinterested freeholders, as referees, to hear and determine all the appeals that may have been brought within the sixty days. Such referees are to Live a notice of their meeting to the proper parties, and at the time and place mentioned in the notice are to meet and hear the proofs and allegations of the parties. They h;ive power to issue pro- cess to compel the attendance of witnesses, and may adjourn from time to time, as may be necessary. Their decision, or that of any two of them, shall be conclusive in the premises, and shall be reduced to writing, be signed by the referees making it, and be filed by them in the office of the Town Clerk of the town, who shall record the same. Each of said referees shall be enti- tled to receive two dollars for every day employed in the hear- ing and decision of such appeal or appeals, to be paid by the party appealing where the determination of the Commissioners " shall be confirmed; but where it is reversed, to be a charge upon the county. Their decision is to be carried out by the Commissioners of Highways of the town, if such decision is in favor of laying out, altering, or discontinuing any road, in whole or in part. Whenever a public road shall have been laid out through inclosed lands, and the determination laying out such road shall not have been appealed from, the Commissioners shall give sixty days' notice to the owner or occupant to remove his fences ; if the determination of the Commissioners has been appealed from, then the sixty days' notice shall be given after the decision of the judges upon such appeal shall have been filed in the office of the Town Clerk. 254 THE CLERK'S ASSISTANT. Every public bigliway laid out that shall not be opened and worked within six years from the time of its being so laid out, shall cease to be a road for any purpose. "Whenever any turn pike company shall become dissolved, or the road discontinued, its road shall become a public highway. "Where a highway has been encroached upon by fences erected by any occupant of the land, the Commissioners of Highwaj^s of the town shall, if in their opinion it be deemed necessary, order such fences to be removed, so that such highway may be of the breadth originally intended. The order of removal is to be reduced to writing and signed by each of the Commissioners, and they are to give notice in writing to the occupant of the land, to remove such fence within sixty days. If such removal shall not be made within the sixty days, the occupant shall for- feit the sum of fifty cents per day for every day after the expi- ration of that time for which such fence shall be unremoved. And the Commissioners may cause the same to be removed at the expense of the occupant. If the occupant to whom notice is given shall, within five days, deny such encroachment, the Commissioners, or some one of them, shall apply to any Justice of the Peace of the county for a precept, directed to any Constable of the town, to summon twelve freeholders thereof to meet at a certain day and place to be spe- cified in such precept, and not less than four days after issuing thereof, to inquire into the premises. On the trial, if the jury find that an encroachment has been made, they shall make and subscribe a certificate in writing stating the particulars of such encroachment, and by whom made, which shall be filed in the office of the Town Clerk. The occupant shall remove his fences within sixty days after the filing of such certificate. But no person shall be required to remove an}^ fence under the forego, ing proceedings except between the first day of April and the first day of November in any year. The party, against whom judgment is rendered, may, within sixty days after filing the certificate of the jury, appeal from the finding and judgment, to the county court of the same county. (Laws of 1862, p. 440.) FORMS. ISo. X. CONSTITUTIONAL OATH OF COMMISSIOJ^^R OF HIGHWAYS. County of Chenango, ss. C. C. being sworn, says, that he will support the Constitution of the United States, the Constitution of the State of New York, and will faithfully perform the duties of Coramis;sioner of Highways of the town of Columbus to the best of his abihty. C. G. Sworn before me this 5th ) day of April, 1860, ] B. B., County Clerk. ISO. 3, BOND OF COMMISSIONER. Know all men by these presents : That we, A. B., C. D. and E. P., of the town of Columbus, county of Chenango, are held and firmly bound unto Q-. H. of said town in the sum of $1,000, to be paid the said G. H. or his suc- cessor in ofice ; to which payment well and truly to be made we bind our- selves, our and each of our heirs, jointly and severally, firmly by these presents. Sealed with our seals, and dated this April 10, 18G0. Whereas, the said A. B. has been duly elected (or appointed) a Commis- sioner of Highways, in and for said town, to serve for the period of one (or three) year from the 4th day of March, ISUO (or appointed to serve until the 3d day of March next) and until a successor shall be elected or chosen. Now, therefore, the condition of this obligation is such, that if the said A. B. shall discharge his duties faithfully as such Commissioner, and pay over to his suc- cessor in office, within ten days after the expiration of his term of office, Avhat money may be remaining in his hands as such Commissiofier of Highways, and render a true account to such successor of all moneys received and paid out by him as such Commissioner, then the above obligation to be void, other- wise to remain in full force and virtue. A. B. \h. g.J C. D. [l. s.] E. F. [L. s.] I approve of the within bond as to the form and sufficiency thereof. March 5, 1860. G. H., Supervisor of the ioum of Colunibua. 256 THE CLERK'S ASSISTANT. isr <> . :j . APPOINTMENT OF A COMMISSIONER TO FILL A VACANCY. County of Rensselaer. Toiun of Nassau, ss. B. B., who was duly elected {or appointed) a Commissioner of Hip^hways in and for said town, to hold said office until the 10th day of March, 18(il, has resigned {or deceased, or removed from said town) and by reason thereof a vacancy exisls '.u the office of Com- missioner of Highwaya Now we, the undersigned, the Supervisor and two Justices of the Peace {or three Justices of the Peace of said town), do hereby appoint C. C. to serve as such Commissioner in the place and stead of the said B. B.. until the next annual meeting to be held in said town. Witness our hands the 11th day of April, 1860. L. M., Supervisor. D. E., M. D., Justices of the Peace. W^o. 4. ORDER DIVIDING A TOWN INTO ROAD DISTRICTS. The undersigned, Commissioners of Highways of the town of Bern {or the undersigned, two of the Commissioners of Highways of the town of Bern), all the Commissioners of said town, having met and deliberated on the sub- ject embraced in this order {or the undersigned, two of the Commissioners of Highways of the town of Bern, having met and deliberated on the subject embraced in this order, all the Commissioners of Highways of said town having been duly notified to attend the said meeting of the Commissioners to deliberate thereon), do hereby order that the said town be, and it hereby is divided into ten road districts, as follows, to wit : Eoad district number one shall include (insert such a description as to in- clude the intended highways, and the inhabitants on or near the same). And all the inhabitants Hable to work on higliways residing therein shall be, and are hereby assigned to work on said district number one. (And if any in- habitants residing out of the district be assigned to work therein, insert as fol- lows): And the following inhabitants residing out of said district, are assigned &X d required to work within the same, to wit, A. B. and C. D. District num- ber two, &c. (proceed in like manner until all are described). In witness whereof, we have hereto subscribed our hands this iOth day of April, 18G0. J. C, H. D., T. J., Commissioners. APPOINTMENT OF OVERSEER BY WARRANT OF COMMISSIONERS, WHERE A VACANCY OCCURS. Toicn of Dover, Dutchess County, ss. Whereas, a vacancy has occurred in the office of Overseer of Highways for road district number ten of said town, by rea- son of the refusal of A. B., duly elected to said office, to serve (or as the case may be). Now, therefore, by virtue of the power vested in us by the statute in such case made, we, the undersigned Commissioners of Highways of said town HIGHWAYS. 257 (or the undersigned, two of the Commissioners of Highways of said town, all the Commissioners of said town), having met and deliberated on the subject embraced in this warrant (or the undersigned, two of the Commissioners of Highways of the town of Dover aforesaid, having met and dehberated on the subject embraced in this warrant, all the Commissioners of Highways in said town having been duly notified to attend the said meeting of the Commis- sioners to deliberate thereon), do hereby, in order to fill such vacancy, ap- point B. C. Overseer of Highways of and for said road district number ten in said town. In witness whereof, we April, 1860. have hereto placed our hands this lltlj day of J". C. H. D., T. J., Commissioners. lSf>. 6. overseer's list of persons in his district liable to highway labor, to Bk. DELIVERED BY HIM TO THE TOWN CLERK, I, A. B., Overseer of Highways for road district number ten, of the town of Bern, do hereby certif}^, that the following is a true list made by me of all the inhabitants in said road district number ten, who are liable to work on the highways. Dated the 10th day of April, 1860. NAMES. NAMES. A B. C. D. a. H. E. F. A. B., Overseer. LIST AND STATEMENT, OF NON-RESIDENT LANDS BY COMMISSIONERS. The Commissioners of Highways of the town of Dover, at a meeting ol which due notice was given to all the Commissioners of Highways of said town, and held on the 6th day of April, in the year 1860, have made out the following list and statement of the contents of all lots, pieces, or parcels of land within said town of Dover, owned by non-residents therein, through which any road in said town doth run, or which bound upon or joins any road, and which in the judgment of the said Commissioners will be enhanced in value by the highway laibor to be assessed thereon. Dated this 8th day of April, 1860. OWNERS. NUMBER CF ROAD DISTRrOTS. DESCRIPTION OF LAND. VALUE. 83 J. C, H. D., T. J., Commissioners. 258 THE CLERK'S ASSISTANT. JVo. 8. ASSESSMENT OF HIGHWAY LABOR. At a meeting of the Commissioners of Highways of the town of Dover, held in said town on the 8th day of April, J. C, H. D., and T. J., the said Commissioners, having proceeded to ascertain, estimate, and assess the highway labor to be performed in their town for the ensuing year (if only two of them will agree to the assessment roll as prepared, then insert, the undersigned, two of the said Commissioners), have made out the estimate and assessment for road district number six, in said town, as follows : (Or if only two of the Commissioners were present at the assessment, then mstead of the preceding say), the undersigned, two of the Commissioners of Highways of the town of Dover, having met in said town on the 6th day of April, and i:)roceeded to ascertain, estimate, and assess the highway labor to be performed in their town for the ensuing year, all the Comrnissioners of Highways of said town having been duly notified to attend the said meeting of the Commissioners for the purpose of deliberating thereon, have made out the estimate and assessment for road district number six, in said town, as follows : 1. The inhabitants of said town assigned to said road district are assessed as folio w^s, to -wit : A. C.,. D. E.,. NAMES. .1 day. .3 days. NAMES. X. Y., 2 days. L. M., 10 days. '2. The lands owned by non-residents of said town, and situate therein, are assessed as follows, to wit: OWNER S NAME, IF KNOWN. DESCRIPTION OF LAND. VALUE. ASSESSMENT. In witness whereof, we have hereto subscribed our names this 8th day of April, 1860. J. C, H. D., T. J., Commissioners. No O. ADDITIONAL ASSESSMENT BY AN OVERSEER. The quantity of labor assessed on the inhabitants of road district number SIX, in the town of Dover, being by me, the undersigned Overseer of High- ways in said district, deemed insufficient to keep the roads therein in repair, I do theiefore, in pursuance of the provisions of the statute in such case made, hereby make a further assessment, as follows, to wit : HIGHWAYS. 259 A. B.. E. F.; NAJIES. 2 days. Iday. NAMES. X. T., 4 days. L. M., 5 days. Dated the 11th day of April, 1860. C. D.J Overseer. 3V o. XO. APPEAL TO THE COUNTY JUDGE, BY NON-RESIDEXT OWNER OF LANDS, OR HIS AGENT, FROM THE ASSESSMENT BY COMMISSIONERS. Town of Dover, Dutchess County, ss. A. B., a non-resident owner of lands in said town, considering {or A. B., agent of C. D., a non-resident owner of lands in said town, who considers) himself aggrieved in the assess- ment for highway labor by the Commissioners of Highways of said town, upon the following described lands, to wit: (here insert the description as in the list or statement made by the Commissioners), doth hereby appeal from the assessment of said Commissioners to the Judge of the county of said county of Dutchess. Dated this 10th day of April, 1860. A. B. Wo. XX. NOTICE BY OWNER, OR HIS AGENT, TO THE COMMISSIONERS, OF THE PRECEDING APPEAL. To J. C, H. D., and T. J., Commissioners of Highways of the town of Dover: You are hereby notified, that considering myself aggrieved by your assess- ment for highway labor of the land owned by me in said town, I have this day appealed to the County Judge of the county of Dutchess, who will, on the 12th day of April, at 10 o'clock in the forenoon, at the court house in Poughkeepsie, hear and decide on said appeal. Dated the 2d day of April, 1860. Tours, &c., A. B. Wo. 13. NOTICE BY THE OVERSEER AS TO NON-RESIDENT LANDS, TO BE AFFIXED ON THE OUTER DOOR OF THE BUILDING IN WHICH THE LAST TOWN MEETING WAS HELD. I, the undersigned, Overseer of Highways for road district number six, in the town of Bern, do hereby give notice, that the labor assessed on the several tracts of land hereafter mentioned, which have been assessed as owned by non-residents, is to be performed on the 1st day of May next, on the high- way of said district, between the dwelling houses of B. C. and E. F. ; and the owners of said land, or their agents, are hereby required to cause the said labor to be performed accordingly. 260 THE CLERK'S ASSISTANT. OWNERS NAMES. ASSESSMENT. Dated the 5th day of April, 1860. A. B., Overseer. 3N"o. 13. COMPLAINT BY AN OVERSEER TO A JUSTICE, AGAINST A PERSON NOTIFIED, FOR REFUSING TO WORK. A. B., Overseer of Highways for road district number one, of the town of Dover, in the county of Dutchess, on oath makes complaint to T. R., a Jus- tice of the Peace of said town, that he gave to C. D., who resides in the said district, and is assessed to work on the highways therein, twenty-four hours previous notice, to appear with a hoe, on the 3d day of April, instant, at eight o'clock in the forenoon, at the dwelling house of B. B., for the purpose of woi'king on the highways in said district, under the direction of said A. B. as overseer. And that the said C. D. (neglected to appear either in person or by an able-bodied man as a substitute), or to pay the commutation money for said work ; nor has he rendered any excuse for such neglect. A. B. Subscribed and sworn the 11th day ) of April, 1860, before me, ) T. R., Justice of the Peace. Or, in lieu of the words in parenthesis,- if the case require it, the following may be inserted: (Appeared pursuant to notice, but worked only four hours, and then departed.) Or (Appeared pursuant to notice, but remained idle, or did not work faith- fully, or hindered others from working). 3Vo. X4. COMPLAINT BY AN OVERSEER TO A JUSTICE AGAINST A PERSON NOTIFIED, FOR NEGLECTING TO FURNISH A TEAM. Town of Dover, Dutchess County, ss. A. B., Overseer of Highways for road district number one, in said town, on oath makes complaint to T. R., a Justice of the Peace of said town, that he gave to C. D., who resides in the said district, and is assessed to work three days (or more) on the highways therein, and has a cart (or wagon, or plow, as the case may be), with a pair of horses (or oxen), and a man to manage them, and who has not commuted fcr his said assessment, twenty-four hours' previous notice, to furnish, on the ;5d day of April, at eight o'clock in the forenoon, at the dwelling house of B. B., a cart with a pair of horses (or as the case may be), and a man to manage them, for the purpose of working one day on the highways of said district, under the direction of the said A. B. as Overseer ; and the said C. D. neglected to furnish said horses and cart, and a man to manage them, or to pav the com- HIGHWAYS. 26 J mutation money for said work ; nor has he rendered any excuse for such neglect. A. B. Sworn before me this 11th ) day of April, 1860, j T. E., Justice, of the Peace. Tf o . 15, SUMMONS TO BE ISSUED BY THE JUSTICE UPON THE COMPLAINT OF AN OVERSEER AGAINST A PERSON NOTIFIED, FOR REFUSING TO AVORK. Town of Dover^ County of Dutchess, ss. To any Constable of said town, Greeting: Whereas, complaint has been made to me, the undersigned, a Jus- tice of the Peace in and for said town, by A. B., Overseer of Highways for road district number one, in said town, that C. D., &c. (recite the complaint). You are, therefore, in the name of the People of the State of New York, hereby commanded to summon the said C. D. forthwith to appear before me at my office in said town, to show cause why he should not be fined according to law, for such refusal (or neglect), as in said complaint is alleged against him. Griven under my hand this 11th day of April, 1860. T. R, Justice of the Peace. constable's RETURN, TO BE INDORSED ON THE ABOVE SUMMONS. I have duly and personally served, at the town of J)over, the within sum- mons on the within named C. D., this 11th day of April, in the year 1860. P. B., Constable. Or, I have duly served the within summons, at the town of Dover, on the •within named C. D., by leaving a copy thereof this day at his personal abode. Dated the 11th day of April, 1860. P. Q., Constable. Ifo. W. CONVICTION INDORSED ON THE COMPLAINT. Town of Dover, County of Dutchess, ss. The within 0. D., having been duly summoned to appear before me, to show cause why a fine should not be imposed upon him for the offense charged in the within complaint, and on said C. D. not appearing {or said C. D., having, appeared) and no sufficient cause being shown to the contrary, I do impose a line of $6 upon the said C. D. for the said offense, together with $2 costs of this proceeding against him. Witness my hand this 11th day of April, 1860. T. K, Justice of the Peace. 2G^ THE CLERK'S ASSISTANT. 3?fo. 18. WARRANT FOR THE COLLECTION OF A FINE IMPOSED FOR NEGLECT TO WORK. Town of Dover, Dutchess County, ss. To any Constable of said town, Greet- ing : Whereas complaint was made to me, the undersigned, one of the Justices of the Peace of said town, by A. B., Overseer of Highways for road district number one, in said town, that C. D., (fee. (as in complaint). And whereas, I thereupon issued my summons, requiring the said C. D., forthwith to appear before me, at my office, in the said town, to show cause why he should not be fined according to law for such refusal or neglect ; and whereas, the said summons has been duly returned, served by P. Q., Constable, and the said C. D. has not appeared before me, or shown sufficient cause to the contrary, I have imposed on him a fine of $1 for his o£Fen.se complained of as aforesaid, and ascertained and adjudged the costs of the proceedings on the comolaint to be $2. . F o Now, therefore, you are hereby commanded, in the name of the People of the State of New York, to levy the said fine, together with §2, the costs and charges aforesaid, of the goods and chattels of the said C. D., and bring the moneys which you shall collect before me, with this warrant. Given under my hand and seal this 11th day of April, 1860. T. R, [L. S.J Justice of the Peace. SSo. xo. A LIST OF THE LANDS OF NON-RESIDENTS AND OF PERSONS UNKNOWN, ON WHICH THE LABOR ASSESSED IS UNPAID, TO BE DELIVERED TO THE SUPERVISOR. A hst of all the land s^ of non-residents and of persons unknown, which were taxed on the lists of the undersigned Overseer of Highways for road district number one, in the town of Dover, on which the labor assessed by the Com- missioners of Highways has not been paid, and the amount of labor unpaid. OWNERS. DESCRIPTION OF LAND. DATS ASSESSED. DAYS UNPAID. Dated the 11th day of April, 1860. A. B., Overseer. ISO. 30. AFFIDAVIT TO BE INDORSED ON THE ABOVE LIST. Dutchess County, ss. A. B., Overseer of Highways for road district num- ber one, in the town of Dover, in said county, being duly sworn, saith, that in relation to the lands described in the above list, he has given the notices required by the thirty-third and thirty-fourth sections of title first, chapter sixteen, of part first of the Revised Statutes, and that the labor for which the said lands are returned has not been performed. A. B. Sworn ar.d subscribed, &c. HIGHWAYS. 263 No. ai. ANNUAL ACCOUNT OF AN OVERSEER OF HIGHWATS. The annual account of A. B., Overseer of Highways for road district num- ber one, in the town of Dover, rendered to the Commissioners of Highways of said town, on the 5th day of May, in the year 1860. 1. The names of all persons assessed to work on the highways, in said road district number one, of which I am Overseer, are as follows, to wit : NAMES. NUMBER OF DATS ASSESSED TO EACH. 2. The names of all tliose who have actually worked on the highways, with' the number of days they have so worked, are as follows, to wit : NAMES. NUMBER OF DATS WORKED. 3. The names of all those who have been fined, and the sums in which they have been fined, are as follows, to wit : NAMES. AMOUNT OF FINES. 4. The names of all those who have commuted, are as follows ; NAMES. AMOUNT PAm BT EACH. . 5. And the moneys arising from said fines and commutations have been ex- pended by me, as follows, to wit: 1859, July 1. Paid A. B., his bill for repairing bridge, $10 00 (Proceed thus, specifying the items of expenditures, and the persons to whom paid.) 6. And the following is a list of all the lands which I have returned to B.. B., the Supervisor of said town, for the non-payment of taxes, and the amount of tax on each tract of land so returned : OWNERS NAME. DESCRIPTION OF LANDS. AMOUNT OF TAX. Dated the 5th day of April, 1860. A. B., Overseer. 264 THE CLERK'S ASSISTANT. OATH TO THE FOREGOING ACCOUNT. Dutchess County, ss. A. B., Overseer of Highways for road district num- ber one, in the town of Dover, being sworn, saith, that the preceding account is true. A. B. Sworn and subscribed, this 5th day ) of March, 1860, before me, \ J. J., Commissioner of Highways. THo. 33. ANNUAL ACCOUNT OF THE COIMISSIONERS OF HIGHWAYS TO TOWN AUDITORS. The undersigned, Commissioners of Highways of the town of Dover, ren- der this their annual account to the Board of Town Auditors, on the 5th day of March, 1860. 1. The labor assessed in said town, during the year ending on the date hereof, is 100 days, and the amount thereof performed is 90 days, as appears by the account rendered to us by the several Overseers of Highways in said town. 2. The said Commissioners have received for fines and commutations received under the statute relative to highways, the sum of §20, to wit: DATE. FROM WHOM RECEIVED. ON WHAT ACCOUNT. AMOUNT. 1860, July 1. E.F., The balance of money remaining in his hands as Overseer, $10 00 3. The improvements which have been made on the roads and bridges in said town, during the year immediately preceding the date of this report, are as follows : (here specify the improvements.) And the roads and bridges in said town are (here give the state of them, and specify whether they are in good repair or otherwise). 4. The following improvements are necessary to be made on the roads and bridges in said town, viz. (Here specify the improvements deemed ne- cessary) : 5. And the expense of making such improvements, beyond what the labor to be assessed this year will accomplish, is by us estimated at $100. Given under our hands this 5th day of March, 1800. • J. a, H. D., T. J., Commissioners. Wo. »4. STATEMENT AND ESTIMATE TO BE DELIVERED BY THE COMMISSIONERS OF HIGH- WAYS TO THE SUPERVISOR. To the Supervisor of the Town of Dover : The following improvements, &c. (As in the 4th and 5th clauses of their Annual Account rendered to Town Auditors). HIGHWAYS. 265 No. as. NOTICE OF APPLICATION FOR ADDITIONAL SUM. Notice is hereby given to the electors of the town of Dover, that the under- signed, Commissioner of Highways, is of opinion that the sum of 1?200 as now allowed will be insufficient to pay the necessary expenses for the improvement of roads and bridges in said town; and that the additional sum of $100 is necessary to make a bridge across Salt River Creek, near American Hollow, in said town, and the undersigned will apply at the next annual Town Meet- ing of said town for a vote authorizing the said sum of $100 to be raised for the purpose aforesaid. L. P., Commissioner of Highways. Feb. 28, 1860. Ifo. 36. COMPLAINT TO THE COMMISSIONERS OF HIGHWAYS AGAINST AN OVERSEER FOR NEGLECT OF DUTY. To the Commissioners of Highways of the Town of Stockton: The complaint of A. B., a resident of the town of Stockton aforesaid, respectfully showeth, that C. D., the Overseer of Highways for road district number three, in said town (has neglected and refused to warn the following persons, to wit: G. H., J. K., and L. M., to work on the highways in said district, after having been required to do so by the Commissioners, or one of them). And the said A. B. hereby requires the Commissioners of Highways aforesaid to prosecute the said C. D. for the said offense. A. B. Dated the 11th day of April, 1860. Or, instead of the words in parenthesis, the following may be the state- ment of the complaint, viz.: (Has neglected to collect the sum of ^1 imposed as a fine upon G. H. for neglecting to appear and work on the highway in the district of the said Overseer.) 3Vo. 317. SECURITY TO BE GIVEN BY COMPLAINANT TO COMMISSIONERS TO INDEMNIFY THEM AGAINST THE COSTS IN PROSECUTING THE COMPLAINT AGAINST OVERSEER. We, A. B. and E. F., acknowledge ourselves indebted to the Commissioners of HighAvays of the town of Bern, in the sum of $100, which we Jointly and severally bind ourselves to pay. Dated the 11th day of April, 1860. The condition of this obligation is such, that if the said A. B. doth well and truly indemnify the said Commissioners of Highways against the costs which may be incurred in prosecuting C. D., the Overseer of Highways for road dis- trict number one, for the penalty incurred by the said C. D. in the refusal or neglect'set forth in the annexed complaint, then this obligation to be void, otherwise of force. A. B. [l. s.] E. F. [l. s.] 34 266 THE CLERK'S ASSISTANT. No. 38, ASSESSMENT BY OVERSEER OF PERSONS LEFT OUT OF THE LIST. The following named persons having been left out of the foregoing (or annexed) list for road district number six, in said town of Dover (they having become inhabitants of said district since said list was made), I .do hereby assess the said persons to work on the highways in said district, as follows, viz. : A. B., 3 days ; L. M., 4 days. L. G, May 10, 18G0. Overseer of Road District No. 6. Ifo. 39. APPEAL TO COMMISSIONERS FROM OVERSEEr's ASSESSMENT. To A. A., B. B., and C. C, Commissioners of Highways in the Town of Do- ver, County of Dutchess : Take notice, that I hereby appeal from the assessment made by the Over- seer of Road District No. 6, for the following reasons, viz. : (State the rea- sons.) A. B. Dover, May 12, 18G0. IVo. 30. APPLICATION TO COMMISSIONERS TO LAY OUT A NEW ROAD THROUGH UNIMPROVED LAND, ok THROUGH IMPROVED LAND WITH THE CONSENT OF THE OWNER. To the Commissioners of Highways of the town of Dover, in the county of Dutchess : The undersigned, a person liable to be assessed for highway labor in said town, and residing therein, does hereby make application to you to lay out a new road of the width of three rods, through land not inclosed, improved or cultivated {or through lands not inclosed, improved or cultivated, excepting as to lands of P. Q., who consents to the laying out of said road, and has signi- fied the same by signing this petition). Beginning at, &c. (describing the road by courses and distances, or such objects and boundaries as may make the route sufficiently definite and certain). P. Q. ISo. 3X. ORDER OF COMMISSIONERS TO LAY OUT A HIGHWAY THROUGH LANDS NOT INCLOSED, IMPROVED OR CULTIVATED, EXCEPTING IN PART, AND BY THE CONSENT OF THE OWNER OF THAT PART. At a meeting of the Commissioners of Highways of the town of Dover, in the county of Dutchess, at the town house in said town, on the 6th day of April, 18(J0, all the said Commissioners having met and deliberated on the subject embraced in this order (or if but two of the Commissioners met, saj', all the said Commissioners having been duly notified to attend the said meet- ing for the purpose of deliberatmg upon the subject matter of this order), it is ordered and determined by the said Commissioners, that a highway be laid out in the said town of the width of four rods, on the application of A. B.. and by the consent of P. Q., through whose improved land the said highway is to pass for a part of the distance ; the residue of said highway being through lands not inclosed, improved or cultivated. And the said Commissioners have HIGHWAYS. 267 caused a survey thereof to be made, as follows : The centre line of tne said highway is to begin at , and to run thence, &c. (Here insert the sur- In witness whereof, the undersigned Commissioners of Highways of said town have hereunto subscribed their names this 5th day of April, 1860. ' J. C, H. D., T. J., Commissioners. No. 33. APPLICATION TO ALTKR A ROAD, WHERE THE ALTERATION PASSES THROUGH LAND NOT IMPROVED, INCLOSED OR CULTIVATED, OR THROUGH IMPROVED LAND BY THE CONSENT OF THE OWNER. To the Commissioners of Highways of the Town of Dover, in the County of Dutchess : We, the undersigned, R. S. and T. W., residents of said town (or liable to be assessed for highway labor therein), do hereby make application to you, the said Commissioners, to alter the highway leading from the house of G. H. to the house of P. Q., in said town, as follows: (Insert a description of the proposed alteration by courses and distances, or by objects and boundaries, so as to render it sufficiently certain and definite.) The proposed alteration passes through lands which are not improved, inclosed or cultivated {or passes through the improved land of R. S. and T. W., who consent thereto). R. S. T. W. Dated the 6th day of February, 1860. No, 3 3. ORDER OF THE COMMISSIONERS TO ALTER A HIGHWAY. At a meeting of the Commissioners of Highways of the town of Dover, in the county of Dutchess, at the town hall in the said town, on the 7th day of February, 1860, all the said Commissioners having met and deliberated on the subject embraced in this order {or if but two of the Commissioners met, say, all the said Commissioners having been duly notified to attend the said meet- ing, for. the purpose of deliberating on the subject matter of this order), it is ordtred and determined by the said Commissioners, upon the application and by the consent of R. S. and T. W., through whose lands the alteration here- after described is to be made, that the highway leading from the house of G. H. to the house of P. Q., in said town, be altered according to the following survey, which the«Commissioners have caused to be made thereof, as follows, to wit : The centre hne of the alteration is to begin at the centre of the pre- sent highway, opposite the northerly corner of the barn of the said R. S., and to run thence (liere include the whole survey), and that the said alteration be of the width of four rods. In witness whereof, the Commissioners of Highways of said town have r.ereto subscribed their names this 7th day of February, 1860. J. C, n. D., T. J., Commissioners, 268 . THE CLERK'S ASSISTANT. No. 34. APPLICATION TO LAY OUT A HIGHWAY THROUGH IMPROVED LAND, WITHOUT TUB CONSENT OF THE OWNER. To the Commissioners of Highways of the Town of Dover, in the County -'f Dutchess: The undersigned, resident of the said town, and Hable to be assessed for highway labor therein, hereby makes application to you, the said Commission- ers, to lay out a highway in said town, commencing at, &c. (liere insert a description by courses and distances, or by objects and boundaries, so as to render the proposed route sufficiently certain and definite), which said high- way will pass through the improved (or mclosed, or cultivated) lands of P. Q. and R. S., who do not consent to the laying out of the same. A. B. Dated the 7th day of February, I860. Iifo. 35. NOTICE OF APPLICATION, AND OF THE MEETING OF FREEHOLDERS, WHEN THE INTENDED HIGHWAY IS THROUGH IMPROVED OR CULTIVATED LAND. Notice is hereby given, that the undersigned has made application to the Commissioners of Highways of the town of Dover, in the county of Dutchess, for the laying out of a highwaj^, commencing, &c. (insert description as in the application), and which highway will pass through a lot of improved meadow land of P. Q., and a lot of improved pasture land of R. S. And that on the lolli day of February, at ten o'clock in the forenoon, at the house of G. S., in said town, twelve freeholders, duly qualified for that purpose, will meet to examine the ground and premises and to certify with respect to the necessity and propriety of such highway. A. B Dated Dover, this 6th day of February, 1860. Wo. 36. AFFrOAVIT OF AFFIXING THE NOTICE OF APPLICATION. Dutchess County, ss. A. B., of Dover, in said county, being duly sworn, saith, that he caused notices in writing, of which the within is a copy, to be posted up at the Dover Hotel, the Eastern House, and the Northern Hotel, three of the most pubUc places in said town, on the 6th day of Fetfuary, being at least six days before the time specified therein for the meeting of the freeholders. A. B. Sworn and subscribed before me, this ) • 7th day of February, i860, \ J. J., Commissioner of Deeds. No. 3-7. OATH OF FREEHOLDERS. i'ou and each of you do solemnly swear well and truly to examine and certify in regard to the necessity and propriety of the highway applied for through the land of P. Q., R. S., and others. HIGHWAYS. 269 aVo. 38. CERTIFICATE OF FREEHOLDERS. Town of Dover, Dutchess County, ss. We, the undersigned, twelve reputa- ble freeholders of the said town, not interested in the lands through which the road described in the annexed notice is to be laid, nor of kin to any o'wner thereof, having appeared at the time and place specified in said notice, and having been duly sworn well and truly to examine and certify in regard to the necessity and propriety of the highway applied for ; and having pioceeded to and personally examined the route of such highway, and heard all reasons tliat were offered for and against laying out the same, do hereby certify that we are of opinion that the highway applied for and described in the annexed notice, is necessary and proper. In witness whereof, we have hereto subscribed our names this 15th day of February, in the year 1860. A, H., &c., ro. 46. NOTICE TO THE COMMISSIONERS OF THEIR APPOINTMENT, AND OF MEETING WITH HIGHWAY COMMISSIONERS TO ASSESS DAJIAGES. To Messrs. F. F., G. G. and H. H. : Take notice, that you and each of you have been duly appointed, by an order of the Dutchess County Court, a copy of which is hereto annexed, Commissioners to assess the damages sustained by reason of the altering (or laying out and opening), the highway mentioned and described in said order ; and you are hereby notified to meet with the undersigned Commissioners at the inn of P. P., in the town of Dover in said county, on the 17th daj^ of March, 1800, at ten o'clock in the forenoon of that day, to view the premises and hear and determine the matter aforesaid. B. B., D. D., March 3d, 1800. Commissioners of Ilic/hways. No. 47. OATH OF COMMISSIONERS TO ASSESS* DAMAGES. County of Dutchess, ss. I do solemnly swear (or afl]rm) that I will sup- port the Constit ition of the United States, and the Constitution of the State 272 THE CLERK'S ASSISTANT. of New York ; and that I will faithfully discharge the duties of Commissioner to assess the damages for laying out {or altering) the highway in the town of , in the county of , commencing at, 1 to her in hand paid, does covenant and agree with the said A. that the lands so assigned and set apart to her, shall be in full satisfaction of her dower or claim of dower in his, the said A.'s estate, and shall bar her from claiming any dower, if she shall survive him after said marriage, and that she will not claim any share in his personal estate, unless the said A. shall give her some part thereof by his will, or by some act done by him subsequent to the execution of these presents. In witness whereof, the said parties- have hereto affixed their hands and seals the day and year first above written. A. A. [l, S.J E. E. [l. s.] C. C. ^u 8.1 CHAPTER XXni. HOMESTEAD EXEMPTION. In addition to the property now exempt by law from sale under execution, the statute of New York provides that there shall be exempt by law from sale on execution for debts hereaf- ter (1850) contracted, the lot and buildings thereon occupied as a residence and owned by the debtor, being a householder and having a family, to the value of one thousand dollars. Such exemption shall continue after the death of such householder, for the benefit of the widow and family, some or one of them continuing to occupy such homestead until the youngest child becomes twenty-one years of age, and until the death of the widow. And no release or waiver of such exemption shall be valid unless the same shall be in writing, subscribed by such householder, and acknowledged in the same manner as convey- ances of real estate are by law required to be acknowledged. To entitle any property to such exemption, the conveyance of the same shall show that it is designed to be held as a home- stead under this act, or if already purchased, or the conveyance does not show such design, a notice that the same is designed to be so held shall be executed and acknowledged by the person owning the said property, which shall contain a full description thereof, and shall be recorded in the office of the Clerk of the county in which the said property is situated, in a book to be provided for that purpose, and known as the " Homestead Ex- emption Book." But no property shall, by virtue of this act, be exempt from sale for non-payment of taxes or assessments, or for a debt contracted for the purchase thereof, or prior to the record- ing of the aforesaid deed or notice. K, ?h the opinion of the Sheriff holding an execution against such householder, the premises claimed by him or her as exempt 38 298 - THE CLERK'S ASSISTANT. are wortli more than one thousand dollars, he shall summon six qnalilied jurors of his county, who shall appraise said premises, and if, in the opinion of the jury, the property may be divided without injury to the interests of the parties, they shall set off so much of said premises, including the dwelling house, as in their opinion shall be worth one thousand dollars, and the residue of said premises may be advertised and sold by such Sheriff. In case the value of the premises shall, in the opinion of the jury, be more than one thousand dollars, and cannot be divided, they shall make and sign an appraisal of the value thereof, and deliver the same to the Sheriff, who shall deliver a copy thereof to the execution debtor, or to some of his family of suitable age to understand the nature thereof, with a notice thereof attached, that unless the execution debtor shall pay to saiS Sheriff the surplus over and above one thousand dollars within sixty days thereafter, that such premises will be sold. In case such surplus shall not be paid within the said sixty days, the Sheriff may proceed and sell the premises, and out of the proceeds of such sale to pay such execution debtor the sum of one thousand dollars, which shall be exempt from execution for one year thereafter, and apply the balance on such execu- tion ; provided that no sale shall be made unless a greater sum than one thousand dollars shall be bid therefor, in which case the Sheriff may return the execution for want of property. The costs and expenses of selling off such homestead, as provided herein, shall be charged and included in the Sheriff's bill of costs upon said execution. FORMS. Tfo. 1. EXEMPTION CLAUSE IN A DEED OF THE HOMESTEAD. The premises herein described and hereby conveyed, are purchased for and designed to be held and l^ept as a homestead, exempt from sale on execution, in accordance with the provisions of the act entitled "An act to exempt from sale on execution the homestead of a householder having a family," passed April 10, 1850. 3Vo-. 3. NOTICE THAT IT IS DESIGNED TO HOLD A CERTAIN HOUSE AND LOT A3 A HOME STEAD. Know all men by these presents, that I, N. W., of the city of Albany, being a householder, and having a family, in conformity with a statute entitled "An act to exempt from sale on execution the homestead of a householder having a family," passed April 10, 1850, do designate that the following described property is designed by me to be held, used and occupied as a homestead, in conformity with said act, to wit: All that certain lot, with the dwelling house thereon, bounded as follows : (insert description.) In witness whereof, I have hereunto set mv hand and seal this 3d day of May, 1860. N. W. (l. S.J ]y o. 3 . ACKNOWLEDGMENT ANNEXED TO THE FOREGOING. City and County of Albany^ ss. On this 3d day of May, 1860, before me came the above named N. W., to me known to be the person described in and who executed the foregoing {or the within) instrument, and acknowledged the execution thereof L. . P., Commissioner of Deeds. TSo. 4. WAIVER OF EXEMPTION. Whereas, I have become indebted to C. D. in the sum of $500, and have confessed judgment to him for that amount, to secure his indebtedness {or he nas obtained judgment against me for that amount), now to secure and make safe the said C. D., and in consideration of $1 to me paid, I do hereby release and waive any and aU benefit or advantage by me obtained, by virtue of my cer- 300 THE CLERK'S ASSISTANT. tificate recoided {or the clause inserted in my deed), under and in accordance with the provisions of an act entitled "An act to exempt from sale on execu- tion the homestead of a householder having a family," passed April 10, 1850, so that said property, so held by me as exempt, by virtue of said statute and said certificate {or clause in said deed), may be levied upon and sold on exe- cution issued against me for a demand owing by me to the said C. D. W'tness my hand and seal this May 3d, 1860. N. W. fL. S.J (Add acknowledgment, as No. 3.) Wo . 5, OATH ADMINISTERED TO A JURY IN REGARD TO HOMESTEAD EXEMPTION. Tou and each of you do swear in the presence of the ever-living God, that you will well and truly estimate the value of the property which shall be shown to you, and which is claimed to be held by N. W., as an exempt homestead, and a true certificate thereof render in accordance with the provisions of the act entitled "An act to exempt from sale on execution the homestead of a house- holder having a family," passed April 10th, 1850. Wo. 6. CERTIFICATE OF A JURY APPRAISING A HOMESTEAD. We the undersigned having been summoned and qualified by the sheriff of the county of Albany as jurors to examine and appraise the real property of N. W., claimed by him to be held as a homestead under and by virtue of an act entitled "An act to exempt fom sale on execution the homestead of a house- holder having a family," passed April 10th, 1850, do hereby certify that we have examined the following described premises (insert description), which are claimed to be held by the said N. W., as an exempt homestead according to the statute aforesaid, * and that the said premises are worth more than §1,000 and the same cannot be divided so as to be sold in separate parcels without injury to the interests of the parties. And in our opinion the value of said premises is the sum of $1,800. Witness our hands this May 3d, 1860. A. B., M. P., &c., Jurors. Wo. '7, NOTICE OF SHERIFF TO BE GIVEN TO JUDGMENT DEBTOR INDORSED ON A COPT OF THE FOREGOING. To N. W., Esq. : Take notice that the within {or the foregoing) is a copy of an appraisal this day made by the jurors therein named, duly summoned and qualified, and that unless you the said N. W. shall pay the undersigned Sheriff of the county of Albany the surplus therein named over and above $1,000 within sixty days from the date thereof, such premises will be sold by me, by virtue of an execution issued against you in favor of one L. P. Yours, &c., May 3d, 1860. T. V., Sheriff of Albany County. HOMESTEAD EXEMPTION. 301 IVo. 8. CERTIFICATE OF JURORS WHERE PROPERTY MAT RE DITIDED. (As in No. Q to the* then as follows:) And that the said premises are worth more than $1,000 and may be divided -witliout injury to the interests of the parties, and reserving to the said N. W. a homestead by us valued at $1,000. And we hereby set off to the said N. W., the following described lot of land, with the buildings thereon as a home- stead, which is by us valued at $1,000, to wit: (here insert description.) A. B., Dated May 3d, 1860. M. P., &c., Jurors. CHAPTER XXIY. INSURANCE. Insurance is a contract, wlierebj, in consideration of tlie sum paid, one party undertakes to indemnify the other against damage or loss by certain perils. The principal divisions are, Marine, Fire, and Life Insurance. The party undertaking to make the indemnity is called the Insurer or Underwriter; the party to be indemnified, the Insured or Assured. The consideration to be paid is called the premium ; the instrument by which the insurance is made ife called the Policy ; the causes and events of loss insured against. Perils or Risks ; and the rights or property of the assured, in respect to which he is liable to loss, the Subject, or Insurable Inte- rest. The indemnity intended means the repayment of the expenses incurred, and the payment for as much of the insurable inte- rest as is lost, at its market value, at the commencement of the risk, or its value as specified in the policy. It is necessary that the insured should have some interest in the subject mentioned in the policy ; otherwise it would be a mere wager policy, which are not allowed to be considered good, owing to the temptation which such transactions would hold out to the commission of arson. It is not necessary that such inte- rest should amount to a complete ownership ; as a creditor may have a policy on goods of his debtor upon which he has a mort- gage. So too, a trustee, agent, factor, or common carrier, may insure goods which he has in his possession. But it is important that the nature of the property be disclosed at the time of obtain- ing the insurance. Where the title to the property is in dispute, INSURANCE. 303 or the risk is a marine risk, au insurance lo^ whom it may con- cern will protect the property. The insured is bound in good faith to disclose to the insurer every fact material to the risk, and which is within or should be within his knowledge, which if stated would have any influence upon the mind of the insurer. Where there is a sale of the pro- perty during the running of the policy, there should be an assignment of the policy with the consent of the underwriters, because when the insured parts with his property he has no longer an insurable interest therein. Where there are previous or subsequent insurances effected on property, notice of such insurance should be given to all insu- rance companies, or underwriters, who have taken any risk on the same property. Persons sustaining loss or damage by fire shall forthwith give notice thereof, in writing, to the company or underwriters, and as soon as possible thereafter they shall deliver as particular an account of the loss and damage as the nature of the case will admit, signed with their own hands ; and they shall accompany the same with their oath or affirmation, declaring the said account to be true and just; showing also the ownership of the property insured ; what other insurance, if any, existed on the same pro- perty, and giving a copy of the written portion of the policy of each company or underwriter; what was the whole cash value of the subject insured ; in what manner the building insured or containing the subject insured, and the several parts thereof, were occupied at the time of the loss ; who were the occupants of such building, and when and how the fire originated, so far as they know or believe. They shall also produce a certificate, under the hand and seal of a magistrate, or notary public, most contiguous to the place of the fire, and not concerned in the loss, as a creditor or otherwise, nor related to the insured or sufferers, stating that he has made diligent inquiry and examination into the facts set forth in their statement, and also into the circum- stances attending the fire, loss or damage alleged ; that he is acquainted with the character and circumstances of the claimant, and that he verily believes that such claimant has, by misfor- tune, and without fraud or evil practice, sustained loss and -304 THE CLERK'S ASSISTANT. damage to ili>3 isiibject insured to the amount whicli sucli magis- trate or notar}' sliall certify. In case of loss or damage, it is optional with the insurance company or underwriter to replace the articles lost or damaged, with others of the same kind or quality, or to rebuild or repair the building or buildings or lo pay the cash value of the loss or damage. , 1^ FORMS No. 1. APPLICATION FOR INSURANCE. I, A. B., ot tne town of Bethlehem, county of Albany, and State of New York, hereby apply to the Albany Insurance Company, for insurance in the above company for the term of one year from this date. The amount to be insured is $1,000 on my dwelhng house, occupied by my- self and family in said town. Said dwelling house is built of wood, two stories high, with a shingle roof, in which there is a scuttle with stairs leading to the same. There are five stoves for burning Avood in the house, each standing on good wide zinc, and the pipe of the stoves is in good order and in no place being nearer than three feet to the wood work of the house, while the chim- neys", of which there are two, are built on the ground. The ashes are kept in a brick ash pit Avith an iron door about forty feet from the house. There are no other buildings on the north, south or east side of said house and a Avoodhouse standing about fifty feet from the west side. The present cash value of the building is ^1,500, and no insurance has been effected thereon. May 16, 1860. A. B. ISTo. S. APPLICATION WHERE BLANK IS FURNISHED BY THE COMPANY, For the Comm&rcial Fire Insurance Company, New York. No. 12,238. Application of A. B, of Poughkeepsie, in the county of Dutchess and State of New York, for cash insurance in the above company, for the term of one year from the 16th day of Llay, 1860, on his dwelling house on Genesee street between Hudson and Erie streets in said city. Amount to be Insured, ^2,500; Rate, ; Amount paid, .'$ _. . 1. Building — Is it stone, brick or Avood? Brick. How many stories high ? Three .stories Avith a basement. 2. Walls— Party or division, are they brick? Yes. How thick? Eight inches. Are they entire? Yes. Do they rise above the roof? They do about one foot in front, and three in the rear. 3. Roof— What is it covered Avith? Tin. Is there a scuttle and stairs to it? There is a scuttle Avith moveable ladder, no stairs. 4. Gutters — Are they stone, metal or Avood? Tin. 5. Stoves— If used, how many, and Avhat kind ? Five for burning coaL What is under them ? Zinc. 39 306 THE CLERK'S ASSISTANT. 6. Pipe — Is it in good order ? Yes. How near does it come to the wood ? About two feet. Does it enter a chimney? Yes. Is the chimney built from the ground ? Yes. 7. Fuel — What kind is used ? Coal. 8. Ashes — How are they disposed of? Put in a brick vault under front door steps. 9. For what purpose is the building used ? As a dwelling house. How many tenants? One. 10. Distance of other buildings, and how occupied? North — Brick dwell- ing house adjoining. South — A street sixty-six feet wide. East — A vacant lot twenty-five feet wide. West — Brick outhouse with tin rootj standing fifty feet from the main building. 11. What is the present cash value of the building or buildings on which in- surance is wanted ? ^3,000. 12. What amount is there now insured on the property ; in wbat offices, and m whose name ? None. 13. What insurance is there by this company within fifty feet ? None to the knowledge of the applicant. 14. Annex a diagram of the premises. May 15, 18G0. . A. B., Applicant. No. 3. NOTICE OF LOSS BY FIRE. To the officers of the Salamander Insurance Company : Gents — Take notice that my dwelling house situated on Erie street m Poughkeepsie, insured in your Company by Policy No. 3,895, was burned early this morning. The origin of the fire is unknown to me. Full proof of the loss will be duly forwarded in a day or two. Yours, &c., Poughkeepsie, May 16, 1860. A. B. , No. 4. PROOF OF LOSS. State of New York, County of Dutchess, ss. A. B., of the city of Pough- keepsie, being duly sworn, deposes and says, that he was the sole owner of the dwelling house on Erie street, between Albany and Genesee street in said city, insured in the Salamander Insurance Company of the city of New York, as specified in Policy No. 3,895 of said company, that there was no other insu- rance on said building at the time of the fire hereafter mentioned, to the knowledge or belief of this deponent; that said building was wholly consum- ed by fire-on the morning of the 15th of May inst., that the fire was discov- ered on or about 3 o'clock, a. m. ; that the cause or origin of the fire is to this deponent unknown ; that the cash value of said dwelling house, just previous to the fire, was the sum of ^2,000 ; that said dwelling was, at the time the fire originated, occupied by this deponent and his family, and no one else, as a dwelling house. Sworn, &c A. B. INSURANCE. 307 N"o. 5. ADDITIONAL PROOF OF VALUE. State of New York, County of Dutchess, es. B. B., of the city of Pough- keepsie, being sworn, says, that he is a carpenter and master builder in said city ; tliat he knew the dwelling house of A. B. of said city ; that he has had occasion thoroughly to examine said house within one year last past; that the cash value of said house, on the i4th of May, 1860, was the sum of $2,000 ; that he was present this morning at the fire mentioned in the affida- vit of A. B., to which this atfidavit is annexed, and this deponent is of opinion that said house cannot be replaced for the sum of $2,200. B. B. Sworn, &c N"o. 6. CERTIFICATE OF NOTARY PUBLIC OR JUSTICE OF THE PEACE. State of New York, City of Poitghkeepsie, ss. I, Gr. H., a Notary Public {or Justice of the Peace), residing in said city, do hereby certify that I have read the foregoing affidavits, that I am in no way concerned in the loss therein mentioned, either as owner or creditor, or otherwise, nor related to the insured or sufferers. I have made diligent inquiry and examination into the facts set forth in the foregoing affidavits, and also into the circumstances at- tending the fire and loss, or damage therein alleged ; that I am acquainted with the character and circumstances of the claimant, and I verily believe that such claimant has, by misfortune, and without fraud or evil practice, sus- tained loss and damage to the property insured, to the amount of at least $2,000. G. H., [L. 8.] Notary Public. No. 7. PROOF OF LOSS WHERE PROPERTY IS FOR SALE ON COMMISSION, OR IN STORE. State of New York, City and County of Albany, ss. E. A., of the city of Albany, being duly sworn, says, he is one of the firm of E. A. & Co. of said city ; that the following is a true and just inventory of property insured by the Howard Insurance Company of New York, by policy No. 1,656, at Albany ; that no other insurances have been made on said property to the knowledge or belief of deponent; that the whole cash value of the subject insured is as hereinafter stated, and owned as hereinafter stated, and not otherwise ; that the building insured contained the property destroyed by fire, as herein mentioned, including ordinary store fixtures and store furniture, which was also destroyed, and nothing else of consequence was in said store; that the ownership of said insured property was as hereinafter stated, and not oilierwise or diflerent, to the knowledge of deponent. There was a whole and total loss of the building and its contents, except books of account and papers, and one iron safe and one desk, although the insured used their best endeavors for saving and preserving said property. Said fire originated between 12 and 1 o'clock, p. M., on the 17th day of May, I860, in a store about ten doors south of this deponent, but how or in what 308 THE CLERK'S ASSISTANT. manner is to this deponent unknown; spreading northward with great rapidity, destroying the said insured property and every building on that side of the square or block. The following is a statement of said property consumed as aforesaid by fire_ at No. 120 Albany street, in said city : Account of B. D. on commission, 100 bbls., at $5, $ 500 Account of C. E. on commission, 200 bbls., at $5.50, 1,100 Account of F. G. in store, 50 bbls.» at $6, 300 Account of H. K. in store, 150 bbls., at $5, 750 Total value, , $2,650 CHAPTER XXV. justices' courts. Every Justice of the Peace elected in any town of tliis State, or appointed for any city in wliicli special courts are not established by law, is authorized to hold a court for the trial of all actions in cases hereinafter enumerated, and to hear, try and determine the same according to law and equity. But if after the election of any person' as a Justice of the Peace, he shall become an inn-holder or tavern keeper m flict, he shall not have power or jurisdiction to try civil causes ; but he may issue execution upon judgments actually rendered by hini before he became so dis- qualified. Place of trial. Every such action shall be brought before some Justice of the town wherein either : 1. The plaintiffs, or any one of them, reside ; or 2. Where the defendants, or any one of them, reside; or 3. Before some Justice of another town in the same county, next adjoining the residence of the plaintiff or defendant. But if a defendant has absconded from his residence, such action may be brought before a Justice of the town in which such defendant or his property may be. Jurisdiction. Justices of the Peace shall have civil jurisdiction in the following actions and no other : 1. An action arising on contract for the recovery of money only, if the sum claimed do not exceed two hundred dollars. 2. An action for damages for injury to rights pertaining to the person, or to personal or real property, if the damages claimed do not exceed two hundred dollars. 3. An action for a penalty not exceeding two hundred dol- lars. 310 THE CLERK'S ASSISTANT. 4. An action commenced by attachment of property, as now provided by statute, if the debt or damages cliiined do not exceed two hundred doHars. 5. An action upon a bond conditioned for the payment of money, not exceeding two hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due. Where the payments are to be made by installments, an action may be brought for each installment as it shall become due. 6. An action upon a surety bond taken by them, though the penalty or amount claimed exceed two hundred dollars. 7. An action on a judgment rendered in a court of a Justice of the Peace, or by a Justice, or other inferior Court in a city where such action is not prohibited. 8. To take and enter judgment on the confession of a defend- ant, where the amount confessed shall not exceed five hundred dollars. 9. An action for damages for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed two hundred dollars. 10. An action to recover the possession of personal property claimed, the value of which as stated in the afiidavit of the plaintiff, , his agent or attorney, shall not exceed the sum of one hundred dollars. Suits, ho'w commenced. Suits may be instituted before a Justice either by the voluntary appearance and agreement of the parties or by j^rocess ; when by process it shall be either a summons, a warrant or an attachment. When commenced. Suits shall be considered as commenced upon process by warrant, at the time of the arrest of defendant ; upon process by attachment or summons, on the day when the process shall be delivered to the Constable ; but when the suit is instituted without process, at the time of the parties joining issue. There are two kinds of summons, a long and a short sum- mons. A long summons must always be issued when all the parties reside in the same county, in cases where a warrant is not issued. It is directed to any Constable of the county where the Justice resides commanding him to summon the defendant to appear at JUSTICES' COURTS. 311 « a time and place therein mentioned, not less than six nor more than t-\Yelve daj's from the date of the same, and must be served at least six days before the time of appearance mentioned tlierein. A short summons may issue whenever the plaintiff is a non- resident of the county, and must issue in actions upon contract whenever the defendant is a non-resident of the county, and it ia made returnable not less than two nor more than four days from the date thereof, and must be served at least two days before the time of appearance mentioned therein. A Justice shall, upon application, issue a warrant in the fol- lowing cases : 1. Where the defendant is a non-resident of the county. 2. Where the plaintiff is a non-resident, and tenders to the Justice security for the payment of any sum which may be adjudged against him in the suit. 3. When it shall appear to the satisfaction of the Justice, by the affidavit of the applicant, or of any other witness, that the person against whom such warrant is desired is about to depart from the county, with intent not to return thereto. 4. Where the defendant is an inhabitant of the county, hav- ing a family, or a freeholder of the same county, and it shall in like manner appear to the satisfliction of the Justice that the plaintiff will be in danger of losing his debt or demand, unless such warrant be granted. The Warrant is to be directed to any Constable of the county ' where the Justice issuing the same resides, and shall command such Constable to take the defendant, and bring him before such Justice, to answer the plaintiff. The Constable is to arrest the defendant and bring him before the Justice, giving the plaintiff notice of the arrest. I'lie defend- ant cannot be detained longer than twelve hours from the time he shall be brought before the Justice, unless within that time the trial of the cause shal] be commenced, or unless it shall be delayed at the instance of the defendant. An attachment against the property of any debtor may be issued, whenever it shall satisfactorily appear to the Justice that such debtor has departed, or is about to depart, from the county where he last resided, with intent to defraud his creditors or to 312 THE CLERK'S ASSISTANT. » avoid the service of an}- civil process, or tliat such debtor keeps himself concealed with the like intent. The application for such attachment must be in writing, and the necessary facts for the issue thereof must be shown by affidavit, and must be accompa- nied by a bond with sufficient surety, to be approved by such Justice, in writing, upon such bond, in the penalty of tw^o hun- dred dollars, conditioned to pay such defendant all damages and costs which he may sustain by reason of the issuing of such attachment, if such plaintiff fail to recover judgment thereon ; and if such judgment be recovered, that such plaintiff will pay the defendant all moneys which shall be received by him from any property levied upon by such attachment, over and above the amount of such judgment, and interest and costs thereon. The Constable shall execute the attachment at least six days before the return day, and take into his custody goods and chat- tels of the defendant sufficient to satisfy the demands of the plaintiff. The goods so attached shall not be removed, provided a bond, with sufficient surety, to be approved by the Constable, be given, in a penalty double the sum stated in the attachment to have been sworn to by the plaintiff, conditioned that such goods and chattels shall be produced to satisfy any execution that may be issued upon any judgment which shall be obtained by the plain tiff upon such attachment, within six months after the date of such bond. If a third person shall claim such goods, the goods are not to be removed, provided he furnish a like bond to the Constable, conditioned that in a suit to be brought on such bond' within three months from the date, such claimant will establish that he was the owner of the goods seized at the time of such seizure, and in case of failure to do so, that he will pay the value of the goods, with interest. Any plaintiff or defendant, except persons under twenty-one years of age, may appear and conduct his suit either in person or by attorney. Infants, whether plaintiffs or defendants, must appear by guardian. The guardian of an infant plaintiff is lia- ble for the costs, while the guardian of an infant defendant is not liable for costs. At the time of the first appearance of the parties before the Justice, either upon the return of process, or their voluntary JUSTICES' COURTS. 313 appearance to join issue, the pleadings of the parties shall be made and issue joined. The pleadings are, the complaint by the plaintiff, the answer by the defendant, and a demurrer by either party to the pleading of his adversary, or to any part of such pleading, when it is not sufficiently explicit to enable him to understand it, or it contains no cause of action or defense, although it be taken as true. The pleadings are not required to be in any particular form, but must be such as to .enable a person of common understand- ing to know what is intended. They may be oral or in writing ; if oral, the substance of them shall be entered by the Justice in his docket ; if in writing, they shall be filed by him, and a refe- rence to them shall be made in the docket. The complaint shall state, in a plain and direct manner, the facts constituting the cause of action. The answer may contain a denial of the com- plaint, or of any pai't thereof, and also notice in a plain and direct manner of any facts constituting a defense. The pleadings may be amended at any time before the trial, or during the trial, or upon appeal, when by such amendment sub- stantial justice will be promoted. A defendant may set off demands which he has in the follow- ing cases, and under the following circumstances: It must be a demand arising upon judgment or upon contract, and if it be upon a bond or other contract having a penalty, the sum equita- bly due thereon shall be set off; it must be due to him in his own right, and must be for real estate or personal property sold, or for money paid or services done ; or if it be not such a demand, the amount must be liquidated, or be capable of being ascertained by calculation ; it must have existed at the time of the com mencement of the suit, and must then have belonged to the de- fendant ; it can be allowed only in actions founded upon demands which could themselves be the subject of set-off; if there be several defendants, the demands set off must be due to all of them jointly, and it must be a demand against the plaintiff in the action. If the action is brought by a plaintiff in a representative capa- city, then a like demand against the person or party whom he represents may be set off. 40 314 THE CLERK'S ASSISTANT. If the amount of the set-off, duly established, be equal to the plaintiff's debt, judgment shall be entered for the defendant, with costs; if it be less than the plaintiff, he shall have judg- ment for the remainder, wilh costs ; if it be more than the plain- tiff's debt, then the defendant shall have judgment for such excess, with costs, unless the balance found due the defendant shall exceed one hundred dollars ; in the latter case the court shall set off so much of the defendant's claim as will satisfy the plaintiff's demand, or shall enter a judgment of discontinuance for the defendant, with costs, as the defendant may require. If a defendant neglect to plead or give notice of any set off he" may have as above stated, he shall be forever thereafter precluded from maintaining any action to recover tbe same or any part thereof. Adjournments. At tlie time of the return of either a summons or attachment, or of joining issue without process, and at no other time, a Justice may, in his discretion, and with or without the consent of parties, adjourn the cause not exceeding eight days. At the time of the return of a summons, or attachment or the joining of issue without process (and at no other time except on the issuing of a commission to take testimony) the plaintiff will be entitled to an adjournment, not exceeding eight days there- after, if he or his Attorney shall, if required by the defendant, make oath that he cannot safely proceed to trial, for want of some material testimony or witness. In all cases (other than where the suit shall have been com menced by warrant at the suit of a non-resident plaintiff) the cause shall be adjourned on the application of the defendant on his complying with the following requisitions : 1. The application must be made at the time of joining issue. 2. If required by the plaintiff or the Justice, the defendant shall make oath that he cannot safely proceed to trial, for the want of some material testimony or witness, to be specified by him. 3. If required by the plaintiff, he shall give security by bond in the penalty of one hundred dollars, with such security as the Justice shall approve. Such adjournment shall be for such reasonable time as will enable the defendant to procure such testimony or witness, not exceeding ninetv days. JUSTICES' COURTS. 315 Any Justice of tlie Peace may issae subpoenas to compel the attendance of witnesses to give evidence on anj^ trial depending before him, or any other Justice. A subpoena may be served by any person by reading the same or stating the contents to the wit- ness, and by paying or tendering the fees allowed by law for one day's attendance of such witness. If a witness properly subpoena- ed refuse or neglect to appear, the Justice may issue an attachment and cause his arrest, and that he be brought before him, and un- less he give satisfictory excuse for not appearing, the Justice may impose a fine upon him for such non-appearance. After issue joined, and before the trial shall have been com- menced by the Justice, either party may demand a trial by jury; and when so demanded, the Justice shall issue a venire directed to any constable of the county requiring him to summon twelve good and lawful men, in the town whei'e such Justice resides, qualified to serve as jurors in Courts of Eecord, to make a jury for the trial of the action between the parties named in the venire. The parties may agree upon a less number than six for a jury and the Justice shall direct the summoning of double the num- ber agreed upon for a jury. At a trial of the cause, the number of persons required to form a jur}^ are to be drawn from the number so summoned and returned who appear, and when so drawn and approved shall compose the jury to try the cause. They are to be sworn well and truly to try the matter in differ- ence between the plaintiff and defendant, and unless discharged by the Justice, a true verdict to give, according to evidence. The jury are to sit together and hear the proofs and allegations of the parties, which shall be delivered publicly, in their presence. After hearing the proofs and allegations, the jury are to be kept together under the charge of a constable, until they all agree upon their verdict, and when they have agreed upon their ver- dict, they shall deliver the same to the Justice publicly, who shall enter it in his docket, and it must be entered in the docket at the same time it is received. Previous to receiving it, the Justice shall call the plaintiff. If he be absent and no one appear for him, the verdict shall not be received. If a jury cannot agree on their verdict after having been out a reasonable time, he may discharge them and summon a new jury. 316 THE CLERK'S ASSISTANT. "When a case is tried by a Justice without a jury, he must ren- der his judgment within four days after the triah A Justice of the Peace may enter a judgment by confession ol the defendant, in any case where the debt or damages confessed shall not exceed five hundred dollars, when the following requi- sites must be complied with : 1. The defendant must personally appear before the Justice. 2. The confession shall be in writing, signed by the defendant, and filed with the Justice. 3. If the judgment be confessed for a sum exceeding fifty dol- lars, the confession shall be accompanied by the affidavit of the defendant and plaintiff stating that such defendant is honestlj and justly indebted to the plaintiff in the sum named in such af&davit, over and above all just demands which he has against him, and that such confession is not made or taken with a view to defraud any creditor. The party prevailing, and who obtains judgment, is entitled to execution, which may be issued by the Justice at any time within five years from rendering the judgment. An execution may be renewed by the Justice issuing the same while unsatisfied, although a levy has been made, and is renewed by an indorse- ment thereon, specifying the amount due, if anything has been paid or collected thereon, and the date of the renewal ; the indorse- ment must be signed by the Justice. "Where the execution is against the person, the Constable must take the body of the person against whom the execution issued and convey him to the common jail of the county, where he is to be detained in safe custodj', until the debt or damages be paid, or he be discharged by due course of law. A Justice of the Peace, on the demand of a party in whose favor he shall have rendered a judgment, shall give a transcript thereof, which may be filled and docketed in the office of the Clerk of the county where the judgment was rendere-d, and a transcript therefrom may be docketed in au}^ other county in the State. After the judgment has been docketed in the County Clerk's office, the execution shall be issued by the County Clerk. A commission may be issued to take the testimony of a wit- ness, whenever it shall appear, afi;er issue joined in the actloii, JUSTICES' COURTS. 317 that one or more material witnesses live out of the county and beyond the jurisdiction of the Justice. And the trial of the cause is to be postponed until the return of the commission, provided such postponement is not extended beyond ninety days. In criminal matters, the jurisdiction of the Justice is confined to the county in which he is chosen. He may receive complaints and issue warrants to apprehend offenders, where the offense was committed within his county, although the criminal may have escaped into another county. By virtue of his authority as a conservator of the public peace, a Justice may apprehend, or cause to be apprehended, any person committing a felony or breach of the peace in his pre- sence. It is his duty, when persons are brought before him on arrest on a criminal warrant, to examine in regard to the alleged offense, and then to discharge the person charged, or commit him to the jail to await the action of the Grand Jury, or to hold him to bail, as the nature of the case may require. Courts of Special Sessions shall be held by a single magis- trate, authorized to sit as a member of a Court of Special Ses- sions, and all offenses triable before such courts may be tried before such single magistrate, with or without a jury, at the elec- tion of the prisoner. In most of the cities of this State, Courts of Special Sessions and Justices' Courts are established by special laws, but their jurisdiction and powers are nearly the same as those of the Courts of Special Sessions, and Courts of Justices of the Peace, estab lished by the general statute. Justices' Courts are not Courts of Record, and judgments ren- dered by them are barred, by the statute of limitations, in six ■years, unless docketed in the office of the County Clerk; and when so docketed they become a lien on real estate if for a sum amounting to twenty-five dollars, exclusive of costs, and for tho same period as if obtained in a Court of Record. FORMS. JSo. X. SUMMONS. Town of Bern, Albany County, ss. To any Constable of said county, Greeting : The People of the State of New York command you to summon A. B. to appear before me, the undersigned, one of the Justices of the Peace of the town aforesaid, at my office, in the said town, on the 31st (07' 27th) day of May, 1860, at 10 o'clock in the forenoon, to answer C. D. in a civil action, to his damage §200 or under. And have you then there this precept. Witness my hand the 24th day of May, 18G0. E. F., Justice of the Peace. No. 3. PROOF OF SERVICE OF SUMMONS INDORSED THEREON. I hereby, certify that at Bern in Albany county, I served the within sum- mons on the within named C. D., defendant, on the 24th day of May, 1860. G. H., Constable. JSo. 3. AFFIDAVIT TO OBTAIN A SHORT SUMMONS. Albany County, ss. I. J., of the town of Bern, being sworn says, that he has, as he verily beUeves (or that A B. has as he verily believes), a good cause of action arising on contract against C. D. of Bern in said county, and that this deponent {or the said A. B.) is not a resident of the said county of Al- ^^"^- L J. Sworn before me this ) May 24th, 1860, j E. F., Justice of the Peace. JSo. 4. FORM OF SECURITY ON SHORT SUMMONS. A. B., having made application to G. H., one of the Justices of the Peace of the town of Bern in the county of Albany, for a short summons m his favor, he being a non-resident of said county, against C. D., in an action JUSTICES' COURTS. 319 arisiug oa contract. Now, therefore, in consideration of $1 to me paid, I do hereby consent to become surety for Sic said A. B., and engage that the said A. B. shall pay the said C. D. any sum that shall be adjudged against him the said A. B., in the action commenced or to be commenced by the said sum- L. M. JXo. 5. WARRANT, CIVIL. Albany County, Town of Bern, ss. To any Constable of the said county : These are, in the name of the People of the State of New York, to command you forthwith to take C. D., and personally to bring him before me, at my office in said town, to answer A. B., in a civil action, for moneys collected by saiid C. D. as a public officer, to his said A. B.'s damage $200 or under; and do you notify the plaintiff of his arrest, and make due return hereupon, as by law required. Dated at said town, tliis 24th day of May, 1860. E. F., Justice of the Peace. Ifo. 6. CIVIL ANOTHER FORM. Albany County, ss. The People of the State of New York to any Con- stable of said county. Greeting : Whereas, A. B., of the town of Bern has this day made complaint on oath before me, E. F., a Justice of the Peace of said county, tliat C. D. has wantonly, wickedly and maliciously broken down the fences of the said A. B., on his farm in said town of Bern, in said county. We, therefore, command you to take the said C. D. and forthwith bring him before me, E. F., a Justice of the Peace, to be dealt with according to law, and after you have arrested the said C. D., do you notify the plaintift" thereof! Hereof, fail not at your peril. Witness my hand this May 24th, 1860. E. F., Justice of the Peace. JSo. <7. RETURN OF CONSTABLE ON EXECUTION OF WARRANT. By virtue of the within warrant, I have taken in the town of Bern in the county of Albany, and have in my custody the within named C. D., and I have notified the plaintiff of his arrest. C. K., Constable. May 24th, 1860. ISO. 9. AFFIDAVIT TO OBTAIN WARRANT FOR NOT PAYING OVER MONEYS COLLECTE-J. Albany County, ss. A. B., of the county of Albany, being sworn, says t];at C. K., against whom he makes application for a warrant, in pursuance of the statute in such case made and provided, and against whom he has, as he verily believes, a just cause of action, is not a resident of the county of Al- bany, but is a resident of the county of Schoharie. And deponent farther says, that the said cause of action is for moneys collected by the said C. D., in his official character as Constable. A. B. Sworn, &c. 320 THE CLERK'S ASSISTANT. AFFIDAVIT BY XON-RKSIDEXT PLAINTIFF FOR A WARRANT FOR TRESPASS TO PERSONAL PROPERTY. Albany County, ss. A. B., of the town of Columbus, in Chenango county, being sworn, says, that he has, as he beheves, a good cause of action against C. D., of Bern aforesaid, for taking and converting to his own use the per- sonal property of this deponent, as follows: (Here insert the articles taken.) And this deponent also says, that he is not a resident of the county of Albany, and is willing and ready (to deposit a sufficient sum with the Justice or) to give security for the payment of any sum that may be adjudged against him in the suit to be commenced, in pursuance of this appUcation {or in this suit). A. B. Sworn, &c. IS o. lO. AFFIDAVIT FOR A WARRANT FOR TRESPASS TO PERSONAL PROPERTY, AND DE- FENDANT ABOUT TO LEAVE THE COUNTY. Aliany County, ss. A. B., being duly sworn, says he has, as he believes, a good cause of action against C. D., for taking and converting to his own use the personal property of this deponent, as follows : (insert a list of articles, and how and when taken.) And deponent believes he is in danger of losing his demand against the sAid C. D., unless a warrant is issued against said C. D. ; and that such belief is founded upon the following facts and circumstances : (set forth the ground of danger), or deponent further says, that he believes said C. D. is about to depart this county, with the intention of not returning thereto, and that his belief is founded upon the following facts and circum- stances : (Set forth the facts on which such belief is founded, as, that he has commenced to move part of his goods, or told different persons that he was preparing to move to another county.) A. B. Sworn, &c. ISO. IX. SECURITY ON ISSUING A WARRANT. A. B., having made {or being about to make) application to G. H., one of the Justices of the Peace of the county of Albany, for a warrant in his favor against C. D., in an action for moneys collected by said C. D. in his official character as Constable (or for damages arising for a trespass on personal pro- perty) : Now, therefore, for value received, I do hereby consent to become the security for the .said A. B., in accordance with the statute in such case made and provided, and I hereby engage that the said A. B. shall pay the said 0. D. any sum that shall be adjudged against him the said A. B., in the suit to be commenced by the said warrant. L. M. May 28th, 1860. JUSTICES' COURTS. 321 Wo. X 3. APPLICATION FOR ATTACHMENT. To J. R, Esq., one of the Justices of tlie Peace of the town of Bern, in the county of Albany : The subscriber applies for an attachment against the property of E. D., on the grounds set forth in the affidavit hereunto annexed. A, B. Dated the 28th day of May, 1860. No. 13. plaintiff's affidavit to obtain attachment. Albany County^ ss. A. B., being duly sworn, says, that C. D. is justly in- debted unto him in the sum of §50, as nearly as he can ascertain the same, over and above all discounts which the said B. D. has against him, which debt arose upon contract {or upon a judgment, stating the court in which it was reijdered, and the amount), and that the said C. D. is about to remove his property liable to execution from the county of Albany where he last resided, with intent to defraud his creditors. Or, That the said C. D. has assigned and disposed of (or secreted) his property, with intent to defraud his creditors. Or, That the said C. D. is about to assign, dispose of, or secrete his property, with intent to defraud his creditors. Or, That the said C. D. has departed, or is about to depart from the said county, with intent to defraud his creditors {or to avoid the service of civil process). Or, That the said C. D. keeps himself concealed, as this deponent verily be- lieves, with intent to defraud his creditors, or to avoid the service of civil process. And this deponent further says : (Here set forth the facts and circumstances which prove the fraudulent intent.) A. B. Sworn, &c. Ifo. 14. SUBPCENA TO COMPEL ATTENDANCE OF A WITNESS TO MAKE AFFIDAVIT FOR ATTACHMENT. Town of Bern, County of Albany, ss. To L. M. and D. D. : In the name of the People of the State of New York, you, and each of you, are hereby commanded forthwith to appear before me, the undersigned, a Justice of the Peace in and for the said county of Albany, at my office, in the village of Bern, in said county, to make affidavit and testify before me those things which you, or either of you, know, touching an application to me by A. B., for an attachment against the property of C. D., and of any facts and circumstances tending to establish the grounds of said application. Given under my hand this 28th day of May, 1860. J. B., Justice of the Peace. 41 S22 THE CLERK'S ASSISTANT. i«iro. 1J5. BOND TO BE GIVEN BY APPLICANT ON OBTAINING ATTACHJIENT. We, A. B. and R. R., acknowledge ourselves indebted to 0. D., in the sum of $100, wiiicli we bind ourselves jointly and severally to pajr. Sealed with our seals. Dated the 28th day of May, 1860. The above bounden A. B. having applied to J. R., one of the Justices of the Peace of the county of Albany, for an attachment against the property of the eaid C. D. Now, therefore, the condition of this obligation is such, that if the above bounden A. B. shall pay to the said C. D., all damages and costs which tie may sustain by reason of the issuing of said attachment, if he shall fail to recover judgment thereon ; and in case judgment shall be recovered by the said A. B., then and in that case if the above bounden A. B. will pay the said C. D. all moneys wliich shall be received by him the said A. B., from any pro- perty levied upon by such attachment, over and above the amount of such judgment, and interest and costs thereon, then this obligation to be void, therwise of force. A. B. iL. s.] R. R. [L. s.] Sealed and delivered in ) presence of ) JSo. 1«. ATTACHMENT. ^tzi^n of Pern, County of Albany, ss: To any Constable of the said coupty, (Greeting : Whereas A. B. has made application to the undersigned, on oath in wiftmg, for an attachment against the property of C. D., stating that the said C. D. H indebted to the said A. B., in the sum of ^50 over and above all discounts, whijh debt arose upon contract {or upon a judgment) ; and that the said C. D. ia about vo depait from the said county (as in the application), with intent to defraud his creditors. Therefore the People of the State of jSTew York com- mand you to attach so much of the goods and chattels of the said C. D., as will be sufficient to satisfy the said claim, and safely keep the same, to satisfy any judgment tliat may be recovered on this attachment ; and that you make return of your proceedings therein to the undersigned Justice of the Peace of said county, on the 4th day of June, ISGO, at ten o'clock in the forenoon, at his office in the said town. Dated A±e 28th day of May, 18G0. J. R., Justice of the Peace. IS o. XT. A COPY OF THE ATTACHJfENT MADE BY TUE CONSTABLE, TO BE SERVED ON DEFEND- ANT, IS TO BE INDORSED BY THE CONSTABLE AS FOLLOWS : By virtue of the attachment of which the within is a copy, I have this day attached and taken into my custody the following goods and chattels, to wit: , {or the goods and chattels specified in the annexed inventory). Datec? the 28th day of May, 1860. H. M., Constable. JUSTICES' COURTS. 323 3V o. 18. BOND BY DEFENDANT, TO PREVENT THE REMOVAL OF GOODS ATTACHED. Know all men by these presents, that Ave, C. D. and E. R., are held and firmly bound to P. D., in the sura of i^lOO (double the sum stated in the attachment to have been sworn to bj^ the plaintiff), to be paid to him, his exe- cutors, administrators, or assigns ; to which payment well and truly to be made, we jointly and severally bind ourselves, our and each of our heirs, exe- cutors, and administrators, firmly by these presents. Sealed with our seals, and dated the 28th day of May, 1860. Whereas, H. M., one of the Constables of the town of Bern, in the county of Albany, by virtue of a certain attachment issued by J. R., Esquire, on the application and in favor of the said A. B., against the goods and chattels of the above bounden C. D., hath attaclied of the following goods and chattels of the said C. D., viz. : (Here specify the articles.) Now, therefore, the condition of tliis obligation is such, that if the said goods and chattels shall be produced to satisfy any execution that may be issued upon any judgment which shall be obtained by the said A. B. upon the said attach- ment, within six months after the date of this bond, then this obligation to be void, otherwise of force. A. B. [l. s.] R. R. [l. S.1 Signed and delivered in the presence of, ) and the security approved by me. H. M., Constable. TXo. X9. BOND TO BE GIVEN BY A CLAIMANT OF THE GOODS ATTACHED. Know all men by these presents, that we, D. S. and R. R., are held and 5rmly bound unto A. B. in the sum of ^100 (double the value of the property attached), to be paid to him, his executors, administrators, or assigns ; to which payment well and truly to be made, we jointly and severally bind our- selves, our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated the 2d day of June, 1860. Whereas certain goods, to wit (here enumerate them), were on the 29th day of May last seized by H. M., Constable, by virtue of an attachment issued l)y J. R., Esquire, one of the Justices of the Peace of the county of Albany, in favor of the above named A. B. against C. D. And whereas the above boun- den D. S. claims the said goods as his property. Now, therefore, the condition of this obligation is such, that if, in a suit to be brought on this obligation within three months from the date hereof, the said D. S. shall establish, that he was the owner of the said goods at the time of the said seizure ; and in case of his failure to do so, if the said D. S. shall pay to said A. B. the value of the said goods, with interest, then this obliga- tion to be void, otherwise to remain offeree. D. S. [l. s.] R. R. [l. s.] Sealed and delivered in the presence of, ) and the security approved by me, \ H. M., Constable. .324 THE CLERK'S ASSISTANT. ITo. SO. constable's return to an attachment. By virtue of the within attachment, I did, on the 30th day of !May, instant, attach and take into my custody, the following goods and chattels of the defendant, to wit: .... {or the goods and chattels of the defendant specified in the annexed inventory, to wit: . . . .) And I did immediately make an inventory of the property attached, and serve a copy of this attachment, and of the said inventory, by me certified, on the said defendant personally. H. M., Constahi^. Dated, &c. (If the copy of the attachment be not personally served, the latter clause of the form is to be as follows :) And I did immediately make an inventory of the property attached, and because the said defendant could not be found in said county, I left a copy of this attachment, and of the said inventory, by me certified, at the last place of residence of the said defendant {or if the defendant has no place of resi- dence in the county, with J. D., in whose possession I found the said goods and chattels, the said defendant having no place of residence in this county). H. M., Constable. Dated, &c. (If the defendant, or a claimant of the goods, gives a bond as specified by the statute, to prevent the removal of the goods by the attachment, the Con- stable ought to add to his return the following clause :) But the said goods and chattels were deUvered up to J. K. (the defendant, or claimant), upon receiving the bond herewith returned. nvo. 31. consent and appointment of guardian for an infant plaintiff. I consent to be the next friend of J. D., an infant, in a suit to be com menced against J. S. R. R Dated May 30, 1860. The said R. R. is accordingly appointed. J, R, Justice of the Peace. Dated the 30th day of May, 18G0. JUSTICES' COURTS. 325 No. sa. consent and appointment of guardian for an infant defendant. Albany County — Justices' Court. J. S. ads. J. D. Before J. R., Esq., Justice of the Peace. I consent to be the guardian of J. S., the above named defendant. Dated, &c. The said R. R. is accordingly appointed. R. R. Dated, &c. J. R., Justice of the Peace. No. 33. POWER OF ATTORNEY TO APPEAR IN A JUSTICES' COURT. I hereby make and appoint Gr. H. my attorney, to appear for me in a smt brought {or to be brought) by me against J. S., before J. R., a Justice of the Peace of the town of Bern, and to act as my attorney in said suit, in all things that I might do if personally present. L, M. Dated May 30, 1860. No. 34 ACKNOWLEDGMENT TO POWER OF ATTORNEY. Albany County, ss. On this 30th day of May, 1860, before me came the above named L. M., to me known to be the individual described in and who executed the foregoing instrument {or power of attorney), and acknowledged the execution thereof. L. B., Justice of the Peace. Wo. 35. RETURN OF CONSTABLE TO SUMMONS WHEN DEFENDANT CANNOT BE FOUND. I hereby certify, that I have made diligent search for the within named defendant, and he cannot be found in the county of Albany. T. ,, .^ ,^ L. L., Constable. Bern, May 30, 1860. No. 30. BOND ON ADJOURNMENT. Albany County, Town of Bern, ss. Know all men by these presents, that we, 0. D., defendant, and E. R, are held and firmly bound unto A. B., plaintiff, in the sum of $100, to be paid to the said plaintiff, his heirs, execu- tors, administrators and assigns, for which payment well and truly to be 326 THE CLERK'S ASSISTANT. made, we bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. Sealed with our seals, and dated the 30th day of May, 18G0.* Whereas, an action has been commenced before J. R, a Justice of the Peace of said town, by said plaintiff against said defendant, in which action the said defendant has desired an adjournment of the said cause. Now, therefore, the condition of this obligation is such, that if no part of the property of the said defendant liable to be taken on execution, shall be removed, secreted, assigned, or in any way disposed of (except for the neces- sary support of himself and family) until the said demand of the said plaintiff shall be satisfied, or until the expiration of ten days after the said plaintiff shall be entitled to have an execution issued on the judgment, in the said cause, if he shall obtain such judgment, then this obhgation to be void and of no effect, otherwise to be and remain in full force and virtue. C. D. [l. s.] Sealed and delivered in presence of, and the security approved by, J. E., Justice of the Peace. E. F. [l. S.J JSo. ST. JUSTIFICATION OF SECURITY. Albany County, ss. E. F. being duly sworn, says he is a housekeeper [or a freeholder), residing in the town of Bern, in said county, and is worth the sum of $200, over and above all debts and liabilities. E. F. Sworn, &c. No. 38. BOND ox ADJOURNMENT, FOR A TORT OR WRONG. {As in No. 26 to the * and then as follows:) "Whereas, an action has been commenced before J. K., a Justice of the Peace of said town, by said plaintiff against said defendant, the trial of which is adjourned until the 10th day of July, 1860, on the apphcation of said defend- ant. Now. therefore, the condition of this obligation is such, that if the above bounden defendant and surety, or either of them, shall pay suchjudgment as may be rendered against the said defendant in said action, with interest, or if C. D., the defendant, shall render himself, upon the execution which inay be issued against him on such judgment, before the return thereof, then this obU- cration to be void, otherwise of force. ^ CD. [l. S.J E. F. [l. S.J Sealed and deUvered in presence of, ) and securities approved by me, ) J. R., Justice of the Peace. (Add Justification, No. 27.) JUSTICES' COURTS. 327 ISO. SO. BOND TO BE jrADE DV DEFENDANT, UPON TENDERING A PLEA OF TITLE. Know all men bj' these presents, that we, C. D. and E. E., of the town of Ijern, in the county of Albany, are held and firmly bound unto A. B., of the same place, in the sum of $100, to be paid to the said A. B., or to his certain attorney, executors, administrators or assigns, to which payment well and truly to be made, we jointl}' and severally bind ourselves, our and each of our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated May 30, 1860. Whereas, in a suit before J. E., Esquire, one of the Justices of the Peace of the county of Albany, wherein the above named A. B. is plaintiff, and the above bounden C. D. is defendant, the said C. D. has plead specially showing that the title to lands will come in question in the said suit. Now, therefore, the condition of this obligation is such, that if the said A. B. shall, within Uventy days from the date hereof, deposit with the said J. E., Justice, a summons and complaint in an action in the Supreme Court for the same cause mentioned and set forth in the complaint in the above mentioned action, the defendant will, within twenty days after such deposit, give an admission, in writing, of the service thereof. C. D. [l. s.] E. F. [l. s.] Ifo. 30. APPROVAL TO BE INDORSED ON THE FOREGOING BY THE JUSTICE. I hereby approve of the form and sufficiency of the within undertaking.' J. E., Justice of the Peace. Bern, May 30, 1860. JSo. 31. BOND OF DEFENDANT UPON A PLEA OF TITLE. WHERE THE DEFENDANT HAS BEEN ARRESTED. (As in No. 29 to the end, and then add the following ;) And that he the said C. D. defendant, will at all times render himself amen- able to the process of the court during the pendency of the action, and to such sis niay be issued to enforce the judgment therein. C. D. [l. s.] E. F. [l. s.] JSo. 3S. BOND TO DETAIN A CANAL BOAT ON A STATE CANAL. Know all men by the.se presents, that we, A. B. and E. E., of Cohoes, in the county of Albany, are held and fi-rmly bound unto C. D., in the sum of $100 to be paid by the said C. D., his executors, administi-ators or assigns, to which payment well and truly to be made, we bind ourselves jointly and severally, and our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the 30lh day of May, 1860. Whereas an action is about to be brought by the said A. B. against the said C. D., to recover the penalty imposed by law for taking rails, boards, planks, ''taves, or some of them, from the banks or vicinity of the Erie canal. And 328 THE CLERK'S ASSISTANT. the said A. B. i:irays process to detain the canal boat called the South, on which the penalty is alleged to be chargeable. Now, therefore, the condition of this obligation is such, that if the said action shall be prosecuted to judgment with all convenient speed, and in case judgment be rendered therein in favor of the said defendant, if the obligors herein shall pay the costs and charges which shall be adjudged against the plaintiff, and all damages which may ensue from the detention of the said boat and the cargo thereof, and the crew navigating the same, then this obligation to be void, otherwise to remain in full force and virtue. A. B. [l. s.] R. R. [l. s.] Sealed and delivered ) in presence of ) JN o. 3 3. SUBPCENA. Albany County, ss. To G. H., L. P., 0. R. and S. Y., Greeting: In the name of the People of the State of New York, you are commanded to appear before me, the undersigned, a Justice of the Peace of said county, at his office in the town of Bern, in the said county, on the 1st day of June, 1860, at 9 o'clock in the forenoon, to give evidence in a civil action then and there to be tried between A. B. plaintiff", and C. D. defendant, on tiie part of the plaintiff (or defendant). Hereof fail not at your peril. Given under my hand in said town, this 30th day of May, 1860. J. R., Justice of the Peace. IS o . 34, SUBPCENA DUCES TECUM. {As in the last form, except that after the word defendant you insert Vie following :) And you, L. P., are also further commanded to bring with you, and then and there produce in evidence a certain paper writing (here describe it so that the witness can identify the paper to be brought). ITo. 35. AFFIDAVIT OF SERVICE OF SUBPCENA. Albany County, ss. A. B., the plaintiff named in the annexed subpoena, being duly sworn, says that on the 31st day of May, 1860, at the town of Bern, in said county, he personally served the subpoena on G. H., a witness therein named, by reading the same (or stating the contents thereof) to him, at the same time paying {or tendering) to him the sum of 25 (or 13) cents; that the said G. H. is a material witness for this deponent on the trial of the cause mentioned in said subpoena, and that he, the said G. H.. has neglected (or re- fused) to attend the trial of said cause. A. B. Sworn to this 31st day of May, ) 1860, before me, , \ , J. R., Justice of the Peace. JUSTICES' COURTS. 329 No. 36. SUMMONS AGAINST A DEFAULTING WITNESS. County of Albany, ss. To any Constable of said county, Greeting: In the name of the People of the State of New York, you are hereby commanded to summon G. H. to appear before me, the undersigned, a Justice of the Peace in and for said county, at my office in Bern, on the 2d day of June, 1860, at 10 o'clock in the forenoon, to show cause why he should not be fined accord- ifio' to law, for his non-attendance as a witness before me, at Bern on the 1st day of June, 1860, to give evidence in a certain cause then depending before me, in which A. B. was plaintiff and C. D. defendant, on the part of the plain- tiff {or the defendant). And have you then there this precept. Given under my hand this 1st day of June, 1860. J. R, Justice of the Peace ISo. 3-7. ATTACHMENT AGAINST A DEFAULTING WITNESS. County of Albany, ss. To any Constable of said county, Greeting: In the name of the People of the State of New York, you are hereby commanded to attach G. H. and bring him before the undersigned, a Justice of the Peace in and for said count}^, at his office in Bern, forthwith {or on the 2d day of June, at 9 o'clock in the forenoon), to testify those things which he knows, in an action now depending before the said Justice, between A. B., plaintiff, and C. D., defendant, on the part of the plaintiff {or defendant), and also to answer all such matters as shall be objected against him, for that the said G. H. having been duly subpoenaed to attend at the trial of the said action, has refused {or neglected) to attend in conformity to such subpoena. And have you then there this precept. Given under my hand this 1st day of June, 1860. J. E., Justice of the Peace. ISn. 38. SUMMONS AGAINST A DEFAULTING JUROR. {The same as in No. 36 against a defaulting witness, down to and including the words ^^non-attendance," then proceed as follows:) As a juror before me, at Bern, on the 1st day of June, in a certain cause there depending before me, between A. B., plaintiff, and C, D., defendant And have you then there this precept. Given under my hand this 31st day of May, 1860. J. R., Justice of the Peace No. 39. MINUTE OF CONVICTION OF DEFAULTING WITNESS OR JUROR, TO BE ENTERED IN justice's DOCKET. Albany County, ss. Be it remembered, that on the 31st day of May, 1860, G. H. is convicted before me, and fined the sum of $3, besides $2 costs, for non-attendance as a witness to give evidence {or as a juror) before 42 330 THE CLERK'S ASSISTANT. me, at my office, in the town of Bern, on the 30th day of May, 1860, in a certain cause there depending before me, in which A. B. was plaintLfif, and C. D. defendant. J. R., Justice of the Peace. ISO. 4 0. EXECUTION FOR FINE AND COSTS IMPOSED UPON A DEFAULTING WITNESS OR JUROR. Albany County, ss. To any Constable of said county, Greeting : Where- as, G. H. was, on the 21st day of May, convicted and fined by me, the undersigned, a Justice of the Peace, the sum of $3, besides §2 costs for non- attendance as a witness to give evidence {or as a juror) before me, at Bern, on tlie 30th day of May, in a certain cause then depending before me, in which A. B. was plaintiff, and C. D. defendant; a record of which conviction, and of the cause thereof, has been duly made up and entered in my docket And whereas, the said Gr. H. has neglected to pay the said fine and costs : In the name of the People of the State of New York, you are hereby com- manded to levy the said fine and costs of the goods and chattels of the said Gc. H. ; and for want thereof, to take and convey the said G. H. to the jail of the said county, there to remain until he shall pay such fine and costs. And the keeper thereof is required to keep the said G. H. in close custody in said jaiL until the fine and costs aforesaid be paid, or until 30 days after the com- mencement of his imprisonment. Given under my hand this 2d day of June, 1860. J. R., Justice of the Peace. :so. 4.1. VENIRE. Tovm of Bern, County of Albany, ss. To any Constable of the said county, Greeting : The People of the State of New York command you to summon twelve good and lawful men in the said town, qualified to serve as jurors, and not exempt from serving on juries in Courts of Record, and who are in no wise of kin to either party, nor interested in the suit hereinafter named, to- appear before the undersigned, one of the Justices of the Peace of the said county, at his office in the said town, on the 4th day of June, at 10 O'clock in the forenoon, to make a jury for the trial of an action of trespass on the case, between A. B., plaintiff, and C. D., defendant. And that jon make a list of the persons summoned, which you will certify and annex to the venire, and make return thereof to the said Justice. Dated the 31st day of May, 1860. J. R., Justice of the Peace. constable's return TO Tin VENIRE. 1 certify, that by virtue of the within precept, I have personally sum- moned as jurors the several persons named in the annexed list. H. M., Constable. Dated the 31st day of May, 1860. JUSTICES' COURTS. 331 No. 4=3. trior's oath ox challenge to the array for favor. You do swear that you will well and truly try the issue of challenge to the array of jurors in this suit, between A, B., plaii^iiff, and 0. D., defendant; and a true finding make according to evidence. So help you God. ISTo. 44. trior's oath on challenge to the polls for favor. Y"ou do swear that you will well and truly try, and truly find, whether B. B., the juror challenged, stands indifferent between A. B. plaintiff, and C. D., de- fendant, in the issue about to be tried. So help you God. No. 45. OATH OF WITNESS ON A TRIAL OF A CHALLENGE. You do swear that you will true answers make to such questions as shall be put to you, touching the challenge of B. B., a juror. So help you God. N"o. 46. juror's oath. You do swear well and truly to try the matter in difference between A. B., plaintiff, and C. D., defendant ; and, unless discharged by the justice, a true verdict to give, according to evidence. So help you God. No. 47. OATH OF A PARTY OR INTERESTED WITNESS, TO PROVE THE DEATH OR ABSENCE BE- YOND THE REACH OF A SUBPCENA OF A SUBSCRIBING WITNESS TO A PAPER. You shall true answers make, to such questions as shall be put to you, touching your (or the plaintiffs, or defendant's) ability to procure the attend- ance of A. B., a subscribing witness to this paper (or the paper in question). So help you God. No. 4«. OF PARTY, OR INTERESTED WITNESS, TO ADMIT EVIDENCE OF THE CONTENTS OF A PAPER NOT PRODUCED. You shall true answers make, to such questions as shall be put to you, con- cerning the loss of any paper which would be proper evidence in this cause So help you God. 332 THE CLERK'S ASSISTANT. No. 49. VOIRE DIRE. You shall true answers make, to such questions as shall be put to yon. touching your interest in the event of this cause. So help you God. No. SO. OATH OP WITNESS. Tou do swear, that the evidence you shall give relating to the matter m difiference between A. B., plaintifiF, and C. D., defendant, shall be the truth, the whole truth, and nothing but the truth. No. 51. constable's oath on RETIRING WITH JURORS. You swear, in the presence of Almighty God, that you will, to the utmost of your ability, keep the persons, sworn as jurors on this trial, together in some private and convenient place, without any meat or drink, except such as shall be ordered by me; that you will not suiFer any communication, orallvor otherwise, to be made to them ; that you will not communicate with them yourself, orally or oti^erwise, unless by my order, or to ask them whether they have agreed on their verdict, until they shall be discharged ; and that j^ou wiU not, before they render their verdict, communicate to any person the state of their dehberations, or the verdict they have agreed on. So help you God. No. 52. confession of judgment before a justice. Albany County — Justices' Court. A. B. agt )■ Confession for $75. C. D. Before J. R., Justice of the Peace. County of Albany^ Town of Bern, ss. C. D., the defendant in the above entitled cause, personally appearing before J. R., one of the Justices of the Peace of said county, confesses that he is honestly and justly indebted unto A. B., the plaintiff above named, in the sum of I6;75, over and above aU just demands that he has against the said plaintiff, and consents that judgment be entered accordingly, with costs to be adjudged to the said plaintiff. C. D. Taken and acknowledged before me ) this 31st day of May, 1860, \ J. R., Justice of the Peace. JUSTICES' COURTS. 333 No, 53. AFFIDAVIT TO BE MADE UPON CONFESSION OF JUDGMENT "WHEN THE AMOUNT EXCEEDS FIFTY DOLLARS. Albany County — Justices' Court. A. B. agt. C. D. Cou7ity of Albany, ss. A. B., plaintiff, and C. D., defendant, being duly- sworn, do severally depose and say, that he, the defendant, is honestly and justly indebted unto the said plaintiff in the sum of $75, over and above all just demands which the defendant has against the plaintiff, and that the above confession in this cause is not made or taken with a view to defraud any creditor. A. B. C. D. Sworn this 31st day of May, \ 1860, before me, ) J. J., Commissioner of Deeds. No. 54.. affidavit that the justice is a material witness in the cause. Albany County — Justices' Court. C. D. agt. A. B. Comity of Albany, ss. C. D., the above defendant, being duly sworn, saith, that J. R., Esq., the Justice of the Peace by whom the warrant (or summons) in this cause was issued, and before whom the same was made returnable, is a material witness for this deponent in the said cause, and that he cannot safely proceed to the trial thereof without the testimony of the said Justice. C. D. Sworn before me, this 31st ) day of May, 1860, \ J, R., Justice of the Peace. No. 55. COMPLAINT against MAKER OF A NOTE. County of Albany — Justices' Court. A. B. agt. C. D. ^ Before J. R., Justice of the Peace. This plaintiff in his complaint shows that this defendant on the 4th day cf March, 1860, made his promissory note in writing, dated on that day and for 334 THE CLERK'S ASSISTANT. value received promised to pay this plaintiff or order $30 in one month from the date thereof, with interest, that he has not paid said note or any part of the same, and this plaintiff demands judgment for $30 and interest thereon from April 3d, 1860, besides the costs of this action. No. 56. COMPLAINT FOR WORK, LABOR AND SERVICES. (Title.) This plaintiff says the defendant is indebted to him for work and labor and services performed * by this plaintiff for the said defendant at divers times between January 3d, 1860, and April 10th, 1860, amounting to $65, and he demands judgment against him for that amount. No. 57. COMPLAINT FOR WORK AND LABOR AND CAUSE OF ACTION ASSIGNED. (As in No. 56 to the * then as follows:) By one L. M., for the said defendant, at divers times between October 1st, 1859, and March 10th, 1860, amounting to $89, and which said claim or de- mand against said defendant the said L. M. has for value sold and assigned previous to the commencement of this action to this plaintiff, and he is now the holder and owner thereof, and he demands judgment for said $89 against said defendant. I^o. 5S COMPLAINT FOR RENT. (Title.) This plaintiff in his complaint says, that the said defendant is indebted to this plaintiff for the use and occupation of (a part of) the house No. 10 Ogilvie street, from the 1st day of January, 1860, to the 18th day of April, 1800, amounting in value to $40 and he demands judgment for that amount and interest thereon, from April 1st, 1860. ICo. 59. COMPLAINT FOR GOODS SOLD. (Title.) This plaintiff shows that the said defendant is indebted to this plaintiff for goods, wares and merchandise sold and delivered to the said defendant at different times since December, 1859, amounting to $45, and asks for judg- ment for that amount with costs of this action. No, 60. COMPLAINT AGAINST CARRIER FOR LOSS OF GOODS. (Title.; The defendant, as a common carrier of goods for hire, received from this plaintiff at Albany on the 10th of January, 1860, a quantity of goods, wares JUSTICES' COURTS. 335 and merchandise of the value of $30, Avhich the said defendant undertook to carry to Buffalo and deliver to Gr. H., the agent of the plaintiff, and the said defendant having so received the said goods, by his negligence and careless- ness has failed to deliver the said goods and the same have been lost to thi? plaintiff to his damage of $30, and he demands judgment against the saic" defendant for that amount. JSTa, 61. COMPLAINT FOR INJURING PERSONAL PROPERTY. ^ Title.) This plaintiff complains of the defendant because on the 3d day of April 1860, the said defendant carelessly ran against the ox wagon of the plaintifl: and broke and damaged the ox wagon of the plaintiff to the amount of ^15, and he demands judgment against the defendant for that amount. No. 62. COMPLAINT FOR INJURY TO REAL PROPERTY. (Title.) This plaintiff says the defendant wrongfully, wickedly, and maliciously, on the 3d of April, 1860, tore down the fence of this plaintiff, doing damage to the amount of ^38 and he demands judgment against him for that amount. ISTo. 63. COMPLAINT FOR BREACH OF WARRANTY. (Title.) This plaintiff says that on the 10th of March, 18G0, at the instance and re- quest of the defendant, he purchased of the defendant a horse and paid there- for the sum of ^100, that the said defendant at the time of the said purchase, and for the purpose of inducing this plaintiff to purchase said horse, repre- sented to him, said plaintiff, that the said horse was in every respect and par- ticular sound and gentle, and quiet in harness, and that he would warrant and did warrant him so to be. And this plaintiff, relying upon the said warranty, purchased the said horse and paid the said ^100 to said defendant. Whereas in truth and fact the said horse was, at the time of the said warranty and sale, unsound, and had the heaves, and was unsteady, restive and ungovernable in harness and has so remained ever since. That the said horse is not worth to exceed ^25, and this plaintiff has been injured and wronged by said defend- ant to the amount of ^75, and he demands judgment against him for that amount. 336 THE CLERK'S ASSISTANT. No. 64. answer — general denial. Albany County — Justices' Court. C. D. ads. A. B. Before J. R., Justice. This defendant for answer denies each and every allegation in the plaintiff's complaint herein. I^o. 65. ANSWER — PLEA OF TITLE. (Title.) This defendant for answer says that the said real estate and the said fence referred to in plaintiff 's complaint in this action, is not the real estate of the said plaintiff nor is he entitled to the possession thereof; but the said real estate is the property of one G. S., and this defendant denies that he has in any manner or at any time injured or torn down any fences, or committed any trespass upon lands belonging to the said plaintiff and he demands judgment in his favor in this action. C. D. ]Sro. 66. COUNTERSIGNMENT OF JUSTICE INDORSED THEREON. To A. B., plaintiff, within named: Take notice that the within is the answer of the defendant duly and properly filed in this action. Yours, &c., June 1st, 1860. J. R., Justice. No. 67. DEMURRER. (Title as in No. 64.) C. D., the defendant herein, demurstothecomplaint of the plaintiff, because it is insufficient in law to maintain his action, and assigns the following rea- son : That it does not appear in the complaint that there was any considera- tion for the promise alleged to have been made by the defendant to the plam- tifif (or it appears from the face of the complaint that there has been a mis- joinder of plaintiff, or misjoinder or nonjoinder of defendant therein). JUSTICES' COURTS. 337 No. 68. notice that party will apply for a commission. Albany County — Justices' Court. A. B. ngt. C. D. Before J. E., Justice. To a. B., Esq. : Dear Sir— Take notice, that on the 2d day of July, 1860, at 10 o'clock in tae forenoon, an application will be made to the above named Justice, at his office in the town of Bern, for a commission, to be directed to L. L., Esq., of the city of Syracuse, to examine M. M., of the same place, a witness in the above entitled action, upon interrogatories to be annexed to such commissioa C. D., Defendant. Bern, May 26, 1860. ISO. 69. AFFIDAVIT OF SERVICE OF NOTICE FOR A COMMISSION. Albany County, ss. H. H., being sworn, says that on the 26th day of May, 1860, he served, at Bern, in said county, on the within named A. B., the within notice, and such service was made by giving to and leaving with the said A. B. a copy of the same. H. H. Sworn, «fec. KTo. ro. AFFIDAVIT ON WHICH TO MOVE FOB A COMMISSION. (.Title.) Albany County, ss. C. D., being sworn, says that he is the plaintiff (or defendant) in the above entitled action, and that M. M., of the city of Syra- cuse, is a necessary and material witness for this deponent in this action ; and thut without the testimony of said witness he cannot safely proceed to trial therein ; and that the said M. M. does not reside within this county,^ or any county adjoining this county, but resides in the city of Syracuse, and out of ♦he jurisdiction of this court. C. D. Sworn, &c. No. 7a. COMMISSION. *Albany County, ss. To L. L., Esq., of the city of Syracuse. It appearing a me, a Justice of the Peace of the towni of Bern, in the county of Albany, that M. M., of Syracuse, is a material witness in an action now pending before me, between A.B., plaintiff, and C. D., defendant: Now, therefore.in pursu- ance of the statute in such case made and provided, I hereby appoint yon_ a Commissioner to examine the said M. M. as a witness, on the interrogatories Hereunto annexed, on oath to be taken before you ; and you are directed to 43 338 THE CLERK'S ASSISTANT. cause such examination to be reduced to writing, and signed by such witness and- yourself, and return the same, annexed hereto, to me, inclosed under your seal Witness my hand at the town of Bern, June 2, 18G0. J. R., Justice of the Peace. ISTo. 72. INTERROGATORIES ANNEXED TO COMMISSION. Interrogatories to be administered to M. M., a witness to be produced, sworn and examined, on the part of the plaintiff, a defendant in the action mentioned in the annexed commission. First. Do you know the parties, plamtiff or defendant, uj.uied in the annexed commission, or either and which of them. (Add specific interrogatories, and then as follows :) Lastly. Do you know any other matter or thing touching the matters in question, that may tend to the benefit or advantage of the plaintiff {or defend- ant) ? If yea, declare, fully and at large, as if you had been fully interrogated thereto. TsTo. 73. CROSS-INTERROGATORIES. Interrogatories lo be administered to the said M. M., by way of cross-exa mination. (Add questions, concluding with the same question as in the direct interro- gation.) APPROVAL OF JUfeTlCE INDORSED ON INTERROGATORIES. The witnia interrogatories are severally approved by me. J. E.. Justice. Bern, June 2, I860. No. 75. DOMMISSIONEr's summons for A WITNESS. Onondaga County, City of Syracuse, ss. The undersigned, having received a commission, issued by J. R., Justice of the Peace of the County of Albany, directed to me, for the examination of M. M., a witness in an action now pending before said Justice, in which A. B. is plaintifi" and C. D. is defendant, you the said M. M. are hereby required to be and appear before me, at my office, No. 10 Salt street, on the 5th day of June, instant, at 9 o'clock in the forenoon, then and there to be examined, and to testify the truth, according to the best of your knowledge, on behalf of said defendant (or said plaintifif ), and hereof fail not. L. L., Commisitioner Syracuse, June 2, 1860. JUSTICES' COURTS. 839 N'o. re. OATH OF WITNESS BY COMMISSIONER. You swear, in the presence of the ever-Hving God, th.r. the answers to bo given by you to the interrogatories and cross-interrogatories to be propounded by me to you, in an action now pending before J. R, Justice of the Peace, between A. B., plaintiff, and C. D., defendant, shall be the truth, the whole truth and nothing but the truth. CAPTION OF DEPOSITION. Deposition of M. M., a witness produced on the part of the within named plaintiff (or defendant), sworn and examined before me at my office, in the city of Syracuse on the 2d day of June, 1860, by virtue of a commission issued by J. R., a Justice of the Peace of the county of Albany, in an action pending before said Justice, in which A. B. is plaintiff, and C. D. is defendant, and directed to me L. L. of Syracuse, for the examination of said M. M., a witness in said action. The said M. M., being duly sworn, deposes and says as follows : To the first interrogatory the witness M. M., deposes and says: (insert answer.) Add answers to all the interrogatories and let them be signed as follows : M. M. Subscribed and sworn tliis 2d day ) of June, 1860, before me, \ L. L., Commissioner. No. 78. affidavit on claim of delivery of personal property. Albany Justices' Court. A. B. agt. C. D. Before J. R., Justice. County of Albany^ ss. A. B., the plaintiff in this action, being duly sworn, says that he is the owner of the following personal propert}' claimed in this action, that is to say : fifteen Merino sheep, valued at $3 each. That the said property is wrongfully detained from the plaintiff by C. D., the defendant herein. That the alleged cause of the detention thereof, according to this depo- nent's best knowledge, inlbrmation and belief, is as follows: that the said C. D. claims .to own said sheep alleging that he bought them of some person to this deponent unknown ; that the said property has not been taken for a l&x, assessment or fine, pursuant to a statute, or seized under an execution or attachment against the property of the jilaintiff and that the actual value of said property^ according to the best knowledge and belief of this deponent, is $45. Sworn, &c. A. B. 340 THE CLERK'S ASSISTANT. IsTo. 79. INDORSEMENT ON THE AFFIDAVIT BY THE JUSTICE. To auy of the constables of Albany county : You are hereby required to take from the defendant the property mentioned in the within affidavit, and deliver it to the plaintiff. Bern, June 2, 1860. E., Justice. KTo. SO. UNDERTAKING ON CLAIM OF DELIVERY OF PERSONAL PROPERTY. Title.) Whereas, the above named plaintiff has commenced {or is about to com- mence) an action against the above named defendant for the recovery of cer- tain personal property mentioned and described in the affidavit of A. B., made for such purpose. Now therefore, we A. B., of Bern, Albany county, and M. N., of the same place,, do acknowledge ourselves bound in the sum of $90 for the prosecution of the said action ; for a return of the said property to the defendant if return thereof be adjudged ; and for the payment to the defendant of such sum as may for any cause be recovered against the plaintiff in this action. M. N. Bern, Albany County, June 2, 1860. No. SI. ACKNOWLEDGMENT INDORSED. Albany County, ss. I certify that on this 2d day of June, 1860, before me came A. B., and M. N., to me personally known to be the persons described in and who executed the foregoing undertaking, and severally acknowledged the execution thereof J. K., Justice of the Peace. l., of the town of Bern, in said county, did contemptuously and 'nsolently interrupt the undersigned by making a great noise and disturbance, tending to impair the respect due to his authority, and by refusing to keep silence when duly ordered to do so by the undersigned Justice, while engaged in such judicial proceedings, and by insolently and contemptuously declaring aloud to the undersigned Justice while so engaged, that the said defendant, J S., could not have justice in a court held by the undersigned; and the said C D. was thereupon required to answer for the said contempt, and show cause why he should not be convicted thereof (or the said C. D. having been brought before me, and required to answer for the said contempt, and show cause why he should not be convicted thereof) ; and the said C. D. not having shown an}' such cause, or made ar.y defense against the said charge. * Be it therefore remembered, that the said C. D., is adjudged to be guilty, and is convicted of the criminal contempt aforesaid before the undersigned, and adjudged by the undersigned to pay a fine of $25, and be imprisoned in the common jail of said county for the term of five days, and until such fine be paid, or he be discharged fi^om imprisonment according to law. Dated the 5th day of June, in the year 1860. J. E., Justice of the Peace. Ifo. 1 04=. COMMITMENT FOR A CONTEMPT. County of Albany, Town of Bern, ss. The People, A the State of New York, to any Constable of said county, and to the keeper of the common jail of said county, Greeting: Whereas, &c. (reciting the record of conviction, down to the * then proceed as follows) : And whereas the said C. D., waa JUSTICES' COURTS. 347 thereupon adjudged to be guilty, and was convicted by the undersigned of the criminal contempt aforesaid, and was adjudged to pay a fine of $25, and be imprisoned in the common jail of said county for the term of five days, and until such fine be paid, or he be discharged from imprisonment according to law. Therefore you, the said Constable, are hereby commanded to take, convey, and deUver the said C. D., into the custody of the said keeper of the said jail; and you the said keeper are hereby required to receive the said C. D. into your custody in the said jail, and him there safely keep, during the said term of five days, and until he pay the said fine, or be duly discharged according to law. Hereof fail you not. Dated the 5th day of June, in the year I860. J. E., Justice of the Peace. JSo. xos. COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN OR TO TESTIFY. Town of Bern, County of Albany, ss. J. R., a Justice of the Peace of said county, to any Constable of said county, and to the keeper of the common jail oi' said county, Geeting : Whereas on the trial of a cause before me, the said Justice, this day, between A. B., plaintiff, and J. S., defendant, G. H., being called as a witness on the part of the said plaintiff (or defendant), and being present, refused to be sworn, as such witness, in any form p^rescribed by law. (Or, G. H. was called and sworn as a witness on the part of the said plaintiff, anil on his examination as such witness, the said G. H. Avas asked, by the said plaintiff' the pertinent and proper question, "Whether he was acquainted with the handwriting of J. S. ?" to which question the said G. H. refused to make any answer.) And the said A. B. having made oath before me, that the testimony of the said G. H. was so far material, that without it he could not safely proceed in the trial of the said cause : Now, therefore, you, the said Constable, are hereby commanded forthwith to convey and deliver the said G. H. into the custody of the said keeper of the said jail, and you the said keeper are hereby required to receive the said G. H. into your custody in the said jail, and him there safely keep, until he shall submit to be sworn as such witness as aforesaid and shall be discharged by due course, of law {or until he shall submit to answer the said question so put to him by the said A. B., and be discharged in due course of law). Hereof fail you not. Given under my hand the 5th dajr of June, 1860. J. R., Justice of the Peace. ISO. 106. COMPLAINT TO OBTAIN A PEACE WARR.4.NT. Connty of Albany, ss. A. B. being duly sworn, complains on oath to J. R., one of the Justices of the Peace of said county, that C. D. did, on the 1st day of June, instant, threaten to beat and break the head of this complainant (or other threat to commit any offense against the person or property of the com- plainant, or of any other person). And the said complainant says, that he has reason to fear, and does fear, that the said C. D. will commit tiie offense so threatened, and he prays that •lie said C. D. may be required to find sureties to keep the peace. Subscribed and sworn, the 5th day [_ A. B of June, 1860, before me, \ J. R., Justice of the Peace. 348 THE CLERK'S ASSISTANT. No. lor. EXASHNATION OF THE COMPLAINANT AND HIS WITNESSES ON APPLICATION FOR A PEACE WARRANT. County of Albany, ss. The examination of A. B. and 0. P., on oath, upon the complaint and appHcation of the said A. B., against C. D., before me, for surety to keep the peace. The said A. B. being sworn, saith (state the evidence given by A. B., and it must be signed). A. B. The said 0. P., being sworn, saith (state the evidence as before). Taken, subscribed, and sworn, this 5th day of \ June, in the year 18C0, before me, ( J. R., Justice of the Peace. No. 108. WARRANT. County of Albany, ss. To any constable of said county, Greeting : Whereas A. B. has this day complained in writing to me a Justice of the Peace of said county, on.oath^ that C. D. did, on the 1st day of June, instant, threaten to beat and break the head of the said A. B. (reciting the complaint, whatever it may be), and prayed that the said C. D. might be required to find sureties to keep the peace. And whereas it appears to me upon the examination of the said A. B. (and of 0. P.), duly made on oath, and reduced to writing and subscribed, that there is just reason to fear the commission of the said offense by the said C. D. You are therefore commanded, in the name of the People of the State of New York, forthwith to apprehend the said C. D., and to bring him before me, to be dealt with according to law. Given under my hand and seal at Bern, in the said county, the 5th day of June, 1860. J. R., Justice of the Peace. ISTo. 109. RSCOGNIZANCE TO APPEAR AT THE NEXT COURT OF SESSIONS, FOR ALBANY. AND KEEP THE PEACE. County of Albany, Town of Bern, ss. Be it remembered, that on the 5th day of June, 1860, before me, J. R., one of the Justices of the Peace of said county, personally appeared C. D. and E. P., of the town of Bern, in said county, and severally acknowledged themselves to be -indebted to the People of the State of New York in the sum of §200, lawful money of the United States. The condition of this recognizance is such, that if the said C. D. shall appear at the next Court of Sessions, to be held in and for the said county, and not depart the same without leaA'e, and shall in the meanwhile keep the peace towards the said people, and particularly towards A. B., of the town of Bern aforesaid, then this recognizance shall be void, otherwise in full force. C. D. Taken, subscribed, and acknowledged before me, ) ,xie day and year first above written, \ J. R., Justice of the Peace. E. F. JUSTICES' COURTS. 349 No. no. WARRANT OF COMMITMENT TO JAIL, FOR NOT FINDING SURETIES TO KEEP THE PEACE. County of Albany^ ss. To any Constable of said county, Greeting : Whereas, A. B. this day complained to me a Justice of the Peace for said county, in writing, on oath, that C. D. did, on the 1st day of June instant, threaten to beat and break the head of the said A. B. (reciting the complaint, whatever it may be, as in the warrant). And whereas it appeared to me, upon the examination of the said A. B. (and 0. P.), duly made on oath, and reduced to writing, and subscribed, that tliere was just reason to fear the commission of the said offense by the said C. D. And the said C. D., on being brought before me by my warrant, was re- quired to enter into a recognizance in ^100, with sufficient surety, to appear at the next Court of General Sessions, to be held in said county, and not to depart the same without leave, and in the meanwhile to keep the peace to\'\-ards the People of the State of New York, and particularly towards the said A. B. And the said C. D. having refused to find such security, you are therefore conmianded, in the name of the People of the State of Xew York, forthwith to convey the said C. D. to the common jail of the said county, and to deliver him to the keeper thereof, who is hereby required to receive the said A. B. into his custody in the said jail, and to keep him safely there until he shall find such security, or be thence discharged by due course of law. Given under my hand, the 5th day of June, in the year 1860. J. R., J'ustice of the Peace. ISTo. 111. WARRANT TO COMMIT FOR THREATS, OR AN AFFRAY, MADE IN THE PRESENCE OF A MAGISTRATE. Cotinty of Albany, ss. Whereas C. D., of the town of , in the said county, in my presence, on this day of , in the year , did unlaw- fully make an. affray with one E. F., or, did threaten to kill (or beat) one E. F., or, did contend with one E. F. with hot and angry words, and I did there- upon require the said C. D. to enter into a recognizance in the sum of $300, with one or more sufficient sureties, conditioned to appear, &c. (As in the warrant of commitment, No. 110, to the conclusion thereof) No. 113. WARRANT OF TWO JUSTICES, TO DISCHARGE FROM JAIL A PRISONER FOR NOT FINDING SURETIES OF THE PEACE. To J. W., Keeper of the Jail of the County of Albany : C. D. having found and given the security to keep the peace, &c., required of him by J. C., Justice of the Peace, and mentioned in his warrant dated the 20th day of May last, by which the said C. D. was committed to jail. You are hei-eby directed to discharge him from your custody, so far as you hold him by virtue of the said warrant of commitment, and to suffer him 350 THE CLERK'S ASSISTANT. forthwith to go at large, unless he be detained in your custody for some other cause. In witness whereof, the undersigned, two Justices of the said county, nave hereto set their hands this 5th day of June, in the year 1860. J. E., J. C, Justices of the Peace. No. 113. COMPLATKT AND EXAMINATION BEI-QRE THE WARRANT IS ISSUED FOR GRAND LARCENY. County of Albany, ss. A. B., of the town of Bern, in said county, being sworn and examined, makes complaint and says, that on the night of the IGth day of January last, at the town of Bern aforesaid, divers goods and chattels, of the property of the said A. B., to wit, one bay horse of the value of ^100, and one saddle of the value of ^10, were feloniously taken, stolen, led, and carried away from the possession of the said A. B. ; that he hath just cause to suspect and believe, and doth suspect and believe, that C. D., late of the town of Bern, in said county, stole the same. And being further examined, he saith (here state the facts which give rise to the suspicion). And therefore, and from other circumstances, the said A. B. suspects and believes that the said C. D. is guilty of the said offense, and prays that he may be apprehended and answer therefor. A. B. Taken and sworn the 5th day ) of June, 1860, before me, J J. R., Justice of the Peace. County of Albany, ss. E. F., of the town of Bern, in said county, being sworn and examined before the undersigned Justice, touching the complaint of A. B., of Bern, in said county, against C. D., for grand larceny, deposes and says, that, &c. (set forth the evidence.) E. F. Taken and sworn the 5th day ) of June, 1860, before me, f J. R., Justice of the Peace. No. 114. • WARRANT FOR GRAND LARCENY. . County of Albany, ss. The People of the State of New York, to any Con- stable of said county, Greeting : Whereas, complaint has this day been made by A. B., on oath, before J. R., Esquire, one of the Justices of the Peace of said county, that divers goods and chattels, the property of the said A. B., to wit: one bay horse of the value of $100, and one saddle of the value of $10, were lately stolen, taken and carried away, from the possession of the said A. B., at the town of Bern aforesaid ; and that he hath just cause to suspect, and doth suspect, that 0. D., late of the town of Bern, in said county, stole the 6ame. And the said J. R., having examined the coinplainaut (and others, witnesses produced by him, if any others be examined), and it appearing therefrom that the said offense has been committed: JUSTICES' COURT. 351 You are theretore commanded to take the said C. D., and to bring hirn forthwith before the said J. E., to be dealt with according to law. Witness the said J. R. at the town of Bern, in said county, the 5th day of June, 1860. J. R., Justice of the Peace. ISTo. 115. WARRANT FOR ASSAULT AND BATTERY. County of Albany, ss. The People of the State of New York, to any Con- stable of said county, Greeting : Whereas, A. B., of Bern, in said county, has this day made complaint before J. R., Esquire, one of the Justices of the Peace of said county, that on the 4th day of June, instant, at the town of Bern, aforesaid, 0. D. violently assaulted and beat the said A. B. : You are therefore commanded forthwith to take the said C. D. and to bring him before the said Justice, to be dealt with according to law. Witness the said J. R., at the town of Bern, in said county, the 5th day of June, in the year 1860. J. R., [l. s.] Justice of the Peace. ISTo, 116. AGAINST AN OFFENDER WHOSE NAME IS UNKNOWN. County of Albany, ss. The People of the State of New York, to the Con- stables of said county, or any one of them, Greeting: Whereas A. B. hath this day made complaint, on oath, before J. C., Esquire, one of the Justices of the Peace of said county, that on the 4th day of June, instant, at the town of Bern, in said county, one E. F. was feloniously, willfully, and of malice aforethought, killed and murdered, and that he, the said A. B., hath just cause to suspect, and doth suspect, that the said murder was committed by a man who was lately seen by G. H., near the house of the said E. F., deceased (stat- ing, if practicable, some such fact or circumstance by which the person taken maybe known to be the person intended), whose name is at present unknown to the said A. B., but whose person is well known and can be identified. You are therefore commanded to take said person, whose name is so unknown, of whom you shall have notice, and to bring him forthwith before the said Justice, to be dealt with according to law. Witness the said J. C, at Bern aforesaid, the 5th day of June, 1860. J. C, [u s.] Justice of the Peace. No. 117. WARRANT FOR MURDER AGAINST AN OFFENDER WHOSE NAME IS UNKNOWN. Dutchess County, ss. .The People of the State of New York to any Con- stable of said county : Whereas, A. B. hath this day made complaint on oath, before J. C, Esquire, a Justice of the Peace of said county (that on the .... day of. . . ., instant, at the town of. . ., in said county, one X. Y. was feloni- ously, willfully, and of malice tiforethought, killed and murdered, and that he, the said A. B., hath just cause to suspect, and doth suspect, that E. F., lata of. . . ., in said county, laborer, did commit the said murder). •352 THE CLERK'S ASSISTANT. "We therefore command you forthwith to take the said E. F., and bring him Defore the said J. C, to be dealt with according to law. Witness, the said J. C, Esquire, at the town of. . . ,, in said county, the. . . . day of. . . . , iu the year .... J. C, Justice of the Peace. No. 118. STATEMENTS OF OFFENSES TO BE SUBSTITUTED IN THE PLACE OF THE WORDS IN PARENTHESIS IN THE PRECEDING FORM. Another Form of Warrant for Murder. That on the. . . .day of , instant, one X. Y. was found dead, and that he, the said A. B., hath just cause to suspect, and doth suspect, that the said X. Y. was on the said day feloniously, willfully, and of malice aforethought, killed and murdered, and that the said E. F. did commit the said murder. No. 119. FOR MANSLAUGHTER. That on the. . . .day of. . . ., in the town of. . . ., in said county, E. F. of said county, cooper, did feloniously and willfully strike one X. Y. with an ax, then in the hand of the said E. F., and thereby mortally wounded the said X. Y., whereof he on that day died. ISTo. 130. ANOTHER FORM OF MANSLAUGHTER. (Commencing as in No. 117.) That on the .... day of , instant, in the town of. ... , in said county, one X. Y. was feloniously and willfully killed, and that he, the said A. B., hath just cause to suspect, and doth suspect, that the said E. F. did commit the said felony. ISTo. 131. FOR A RAPE. (Commencing as in No. 117.) That on the ...day of... ,at the town of...., in said county, E. F. of, &c., did feloniously and forcibly make an assault upon the body of X. Y., and her, the said X. Y., against her will, did then and there feloniously ravish and carnally know. We therefore command (as in No. 117). ^ No. 123. FOR A RAPE ON A FEMALE UNDER TEN YEARS OF AGE. (Commencing as in No. 117.) That on the.... day of...., in the year . . . ., at the town of. . . ., &c., E. F., of, &c., did felonionsly make an assault upon one X. Y., a female child under the age of ten years, and her, the said X. Y., then and there unlawfully and feloniously did carnally know. We therefore command, &c. (as in No. 117). JUSTICES' COURTS. 35 K'» KTo. 133. FOR MAIMING. (Commencing as in No. 117.) That on the.... day of...., m the year . , . ., at the town of. , . ., in said county, E. F. of, &c., from premeditated de- sign, did feloniously assault and put out the eye of the said X. Y We therefore command you, &c. (as in No. 117). N"o. 134. ANOTHER FORM FOR MAIMING. ■ (Commencing as in No. 117.) That on, &c., at, &;c., E. F. of, &c., with intent to kill {or to rob, or to ravish) one X. Y., did feloniously assault the said X. Y., and did then and there put out one of the eyes of the said X. Y We therefore command, (fee. (as in No. 117). No. 135. FOR SHOOTING AT ANOTHER, WITH INTENT TO KILL. (Commencing as in No. 117.) That on, (fee, at, &c., E. P. did feloniously shoot at the said A. B. with a pistol charged with gunpowder and leaden shot, with intent to kill the said A. B. We tlierefore command, &c. (as in No. 117). N"o. 136. FOR ATTEMPTING TO DISCHARGE FIRE-ARMS, WITH INTENT TO COMMT A FELONY, (Commencing as in No. 117.) That on the day of , &c., atthe town, &c., E. F. did present towards and at the body of the said A. B. a certain pis- tol charged with gunpowder and lead, and did then and there feloniously at- tempt, by drawing the trigger thereof, to discharge the same at him, the said A. B., with intent then and there to kill {or rob) the said A. B. ISTo. 137. FOR AN ASSAULT WITH A DEADLY WEAPON, WITH INTENT TO KILL, OR ROB, OR' MAIM. (Commencing as in No. 117.) That E. F., of, &c., on, &;c., at, &c., did feloniously with and by means of a certain deadly weapon, to wit, an ax, then in his hands, make an assault upon the said A. B., and him, the said A. B., did then and there with the said weapon beat and ill-treat, with intent to kill {or rob, or maim) the said A. B. We therefore command, &c. (as in No. 117). 45 354 THE CLERK'S ASSISTANT. ISTo. 13©. FOR ASSAULT WITH INTENT TO KILL, BY MEANS OF FORCE LIKELY TO PRODUCE DEATH, WITHOUT A DEADLY WEAPON. (Commencing as in ^STo. 117.) That the .said E. F., on, &c., at &c., did with and by means of his hands, fists, and feet, and by such force as was Ukely to produce death, feloniously assault and beat the said A. B., with intent him, the said A. B., then and there to kill. We therefore command, &c. (as in No. 117). ISTo. 139. FOR MURDER BY POISONING. (Commencing as in No. 117.) That on the day ol .... instant, one X. Y., late of the town aforesaid, died ; and that he the said A. B. hath just cause to suspect, and doth suspect, that on the. . . .day of. . . last, at the place afore- said, one E. F., of, &c., did feloniously, willfully, and of his malice aforethought, administer to the said X. Y. certain deadly poison called arsenic, by means whereof the said X. Y. died as aforesaid, and that so the said E. F. feloniously murdered the said X. Y. We therefore command, &c. (as in No. 117). TsTo. 130. FOR ADMINISTERING POISON WITH INTENT TO KILL. (Commencing as in No. 117.) That E. F., of, &c., on, &c., at, &c., feloniously administered, and caused and procured to be administered, unto X Y., a certain poison called arsenic, with intent to kill the said X. Y., and which poison was actually taken by the said X. Y., but whereof death did not ensue. We therefore command you, &c. (as in No. 117). N^o. 131. FOR MINGLING POISON WITH FOOD, &C., WITH INTENT TO KILL, THOUGH THE POISON BE NOT TAKEN. (Commencing as in No. 117.) That E. F., on, &c., at, &c., with intent to injure and kill one X. Y. and other persons, did feloniously mingle a certain poison called arsenic, with certain food, (or drink, or medicine), in order that the same might be taken by the said X. Y., and other persons. We therefore command, &c. (as in No. 117). No. 13S. FOR AN ASSAULT, WITH INTENT TO COMMIT FELONY. (Commencing as in No. 117.) That on the day of. . . ., in the year. . ., at the town of . ., &c., E. F., did feloniously make an assault in and upon the said A. B., with intent him the said A. B. to kill and murder (or, with intent to commit manslaughter by killing the said A. B. ; or, with intent to commit robbery by feloniously taking the money of the said A. B. from his person by JUSTICES' COURTS. S ODi) violence thereto ; or, witi intent the said A. B. feloniously to ravish and car- nally know). We therefore command, &c., (as in No. 117). N-o. 133. FOR ASSAtJLT BY SETTING ON A DOG TO BITB. (Commencing as in No. 117.) That on the day of , in the year , at the town of , &c., E. F., of, &c., made an assault upon the said A. B., by unlawfully and maliciously inciting and setting on a certain dog to bite him the said A. B. ; by means whereof the said A. B. was bitten and injured by the said dog. We therefore command you, &c, (as in No. 117). No. 134. FOR AN ASSAULT, BY DRIVING A CART AGAINST A WAGON, AND THEREBY INJURING THE DRIVER OF THE WAGON. (Commencing as in No. 117.) That on the. . . .day of. . . ., instant, E. F., of, &c., on a public highway, in the town of , &c., made an assault on the said A. B., by unlawfully, forcibly, and willfully driving a certain horse and cart under the guidance of the said E. F., upon and against a certain wagon drawn by horses, then and there under the care and guidance of the said A. B., whereby the said A. B. was thrown out of the said wagon and greatly injured. We therefore command you. &c. (as in No. 117). No. 135. FOR ASSAULTING A SHERIFF IN THE EXECUTION OF HIS OFFICE. (Commencing as in No. 117.) That one E. F., of, &c., on the day of . . . . , instant, at the town of. ... , &c., did unlawfully and forcibly assault and beat A. M., who then and there was the Sheriff of said county, and in the due execution of his said office. We therefore command, &c., (as in No. 117). No. 136. FOR FALSE IMPRISONMENT. (Commencing as in No. 117.) That E. F., of, &c.. on the day of. . . mstant, at the town of. . . ., in said county, unlawfully and forcibly assaulted the said A. B., and him the said A. B., unlawfully and against tlie will of the said A. B., did imprison and detain for a long time, to wit, the space of three days then next following. We therefore command, &c. (as in No. 117). 356 THE CLERK'S ASSISTANT. No. 137. FOR RECEIVING STOLEN GOODS. (Commencing as in No. 117.) That on, &c., at, &c., divers goods and chat- tels of the said A. B., to wit: twelve silver spoons, of the value of $20, were feloniously stolen by one C. D. (or by a person to the said A. B. unknown) ; and that he hath just cause to suspect, and doth suspect, that E. F., of, &c., bought the said goods and chattels of the said C. D. (or of that person), he the said E. F. well knowing that the said goods and chattels had been felo- niously stolen. We therefore command you, &c. (as in No. 117). ISTo. 138. FOR PERJURY. Commencing as in No. 117.) That E. F., of, &c., on the day of , in the year . . ., was sworn as a witness in behalf of the defendant, on the trial of a certain issue, joined in a cause before J. C, a Justice of the Peace of said county, in which the said A. B. was plaintiff, and 0. D. was defendant ; and that upon the trial aforesaid, in giving his evidence under oath, as a wit- ness, touching matters material to the said issue, the said E. F. willfully and corruptly swore and testified falsely, and then and there committed willful and corrupt perjury. We therefore command you, &c. (as in No. 117). No. 139. FOR CONVEYING INSTRUMENTS INTO JAIL TO AID A PRISONER'S ESCAPE. (Commencing as in No. 117.) That on, &c., E. F., of (fee, did feloniously convey into the common jail of the county of Dutchess, instruments proper and useful to aid the prisoner hereinafter named in his escape, with intent thereby to facilitate the escape of one X. Y., a prisoner lawfully committed and detained in said jail for felony. ^ We therefore command you, &c. (as in No. 117). N"o. 140. FOR RESCUING A PRISONER FOR FELONY FROM THE CUSTODY OF AN OFFICER. (Commencing as in No. 117.) That one X. Y., on the day of , in- stant, had been arrested, and was in the legal custody of D. 0., one of the Constables of said county, at the town of , &c., on a charge of felony; and that E. F., of, &c., then and there feloniously and forcibly rescued the said X. Y., so being in custody. We therefore command you, &c. (as in No. 117). "JSTo. 141. yOR AIDING A PRISONER ON A CRIMINAL CHARGE TO ESCAPE FROM THE CUSTODY OF AN OFFICER. (Commencing as in No. 117.) That one X. Y., on the day of , in- stant, had been arrested by D. 0., one of the Constables of said county ; and JUSTICES' COURTS. 357 was a prisoner in his custody and lawful charge, upon a warrant for felony , and that E. F., of, &c., unlawfully aided and assisted the said prisoner in escap- ing (.oj- attempting to escape) from such custody. We therefore command, Sec. (as in No. 117). No. 143. FOR A RIOT. (Commencing as in No. 117.) That on, &c., at, &c., E. R, G-. H., and J, R., did unlawfully and riotously assemble together, to disturb the peace; and being together unlawfully, remained together, making noise, riot, and tumult, to the terror and disturbance of the citizens there being. We therefore command you, &c. (as in No. 117). No. 143. FOR BIGAMY. (Commencing as in No. 117.) That on. &c., at &:c., E. F., of, &c., then be- ing married, and then the husband of IL F., feloniously did marry and take to wife one S. B., the said M. F., his former wife, being then aUve. We therefore command you, &c. (as in No. 117). FOR KEEPING A DISORDERLY HOUSE. (Commencing as in No. 117.) That on the day of , in the year , and from thence hitherto, E. F., of, &c., hath kept and maintained, and still keeps and maintains at the town of. . . aforesaid, a disorderly house for his lucre and gain, where persons of ill-fame assemble by his procurement and permission, and there remain tippling, gambling, and misbehaving themselves. We therefore command, &c. (as in No. 117). No. 145. FOR TRESPASS IN CUTTING TIMBER. (Commencing as in No. 117.) That on the, . . .day of last, E. F., of, &c., willfully committed trespass, by cutting down a great number, to wit; fifty trees, standing and growing upon lands of the said A. B., situate in the town of. . .'. , in the county aforesaid. We therefore command vou, &c. (as in No. 117). N"©. 146. COMMrrMENT FOR FURTHER EXAMINATION. Alhany County, ss. To the Keeper of the Jail of the said county : Receive into your custody the body of E. F., iierewith sent to you, brought before one J. C, one of the justice of the Peace of said county, and charged before me, on the oath of A. B., on suspicion of having feloniously stolen, taken, and 358 THE CLERK'S ASSISTANT. carried away one gold ^Yatch, the iDioperty of said A. B., and him the said E. F. therefore safely keep in your custody for further examination on Monday next, and until he shall be discharged by due course of law. Given under my hand and seal this loth day of June, 18G0. J. C, [l. S.J Justice of the Peace. ISTo. 147. CRIMINAL SUBPOENA. State of New Yorh, ATbany County, s5. To Gr. H., L. M. and C. M., Greet- ing : In the name of the People of the State of New York, you are hereby commanded to appear before the undersigned, at his office in the town of Bern in said county, on the 6th day of June, 1860, at 10 o'clock in the fore- noon (or forthwith), to give evidence in a certain matter between the People of the State of New York, and C. D., on the part of the said People {or de- fendant). Hereof fail not at your peril. Witness, my hand this 5th day of June, 1860. J. R., Justice of the Peace. ISTo. 148. WARRANT AGAINST A WITNESS WHO HAS REFUSED TO ATTEND ON A SUBPCENA. The People of the State of New York, to any Constable of the County of Albany : You are hereby commanded, to take L. M., and bring him forthwith before the undersigned, Justice of the Peace of said county, to answer to what shall be objected against him in our behalf; for, that the said L. M., having been duly subpoenaed to attend as a witness before the said Justice, on the examination in relation to a felony alleged to have been committed by E. F., failed, without reasonable excuse, to attend in pursuance of said subpoena. Witness, J. C, Justice of the Peace, at the town of Bern, in said county, the 6th day of June, 1860. J. C, [l. s.] Justice of the Peace. No. 149. RECOGNIZANCE OF A WITNESS WITH SURETIES. County of ATbany, ss. We, N. 0. and R. S., acknowledge ourselves to be jointly and severally indebted to the People of the State of New York, in the sum of $100, to be paid if default shall be made in the condition following: The condition of this recognizance is such, that if the said N. 0. shall per- sonally appear and attend at the next Court of Sessions {or Oyer and Ter- miner), to be held in and for said county, to give evidence touching a bill of indictment which may be perferied against C. D., for feloniously steahng, uaking, and cai-rying away divers goods and chattels of A. B., as well to the grand jurors who may inquire concerning the same, as to the court and jury, upon the trial of the said A. B., and shall not depart without leave, then this "ecognizance to be void, otherwise of force. N. 0. Taken, subscribed, and acknowledged, the 5th ) R. S. . day of June, in the year 1860, before me, f J. C, Justice of the Peace. JUSTICES' COURTS. 359 ISTo. loO. FORM or REC0GN1ZA^■CE OF PRtSOXKR WITH SURETIES. County of Albany, ss. We C. D. and R. D., of Bern, in said county, ac- knowledge ourselves to be severally indebted to the People of the State of New York, that is to say, the said C. li., in the sum of §300, and the said R. D., in the sum of ^200, to be well and truly paid if defliult shall be made in the con- dition following : The condition of this recognizance is such, that if the said 0. D. shall per- .sonally appear at the next Court of Sessions {or Oyer and Terminer , to be held in and for said county, then and there to answer to an indictment to be preferred against him for (state the offense), and to do and receive what shall by the court be then and there enjoined upon him, and shall not depart the court without leave, then this recognizance to be void, otherwise of force. C. D. ft. D Taken, subscribed, and acknowledged, the \ 5th day of June, 18G0, before me, ( J. C, Justice of the Peace. No. 151. COMPLAINT FOR A SEARCH WARRANT TO BE EXECUTED IN THE DAY TIME, Albany County, ss. A. B., of Bern, being duly sworn, deposes and com- plains before me, J. C, one of the Justices of the Peace of said county, that on or about the 4th day of June, at Bern, divers goods and chattels, to wit: one silver watch, two silver table spoons, one fur hat, and three Unen |hirts (particu- larly describing the goods), of the value of $24, were feloniously stolen, taken, and carried away from the possession of the said A. B., at Bern (or were feloni- ously embezzled, taken and carried away from the possession of the said A. B., by E. F., of Bern, being the clerk or servant of the said A. B., and not being his apprentice, or within the age of eighteen years),* and that the said A. B. sus- pects that the said goods and chattels, or a part thereof, are concealed in the dwelling house of one C. D., situated in the town of Knox, in said county (particularly designating the place). And the said A. B., on his oath, further deposes, that the grounds of his suspicion are as follows, viz. : (here state his reasons for suspicion.) And the said A. B. prays that a precept may issue, to make search for said goods and chattels in the said dwelling house of the said C. D., according to the statute in such case made and provided. A. B. Sworn and subscribed this 5th day ) of June, 18G0, before me, J J. C, Justice of the Peace. No. 153. COMPLAINT FOB A WARRANT TO BE EXECUTED IN THE NIGHT-TIME. (The same as in No. 151, to the *.) And that the said goods and chattels, or a part thereof, are concealed in the dwelling house of one C. D., situated in the town of Knox, in said county. And the said A. B., on his oath, furthei deposes, that the facts within his knowledge are as follows, that is to say (here detail the material facts and cii'cumstances.) And the said A. B. prays, &c. (as in No. 151). ^60 TUE CLERK'S ASSISTANT. INTO. 133. SEARCH WAltHANT. Albany County, ss. To any Constable of said county {or to the Sheriff of said county), Greeting: Whereas A. B., of, &c., has this day made complaint on oath, before me, the undersigned, a Justice of the Peace of said county, that (here set forth the complaint). You are therefore hereby authorized and commanded, in the name of the People of the State of New York, forthwith to enter, in the daytime {or in the day or night time, if the proof in the complaint be positive that the goods are concealed in the place specified), into the aforesaid dwelling house of the said C. D., and make diligent search for the said goods and chattels ; and if you shall there find the same, or any part thereof, you will forthwith bring the goods and chattels so found, before me, that further proceedings may be had in the premises, according to law. Given under my iiand and seal this 5th day of June, 1860. J. C, [l. S.1 Jttstice of the Peace. CHAPTER XXVI. lANDLORD AND TENANT. The relation of landlord and tenant exists whenever there is a contract for the use, possession and profit of lands and tene- ments, or real estate on the one side, and an agreement to pay for such use, possession or profit on the other. The landlord is the person who rents or leases the real estate. He is bound to perform certain duties, and on the performance of such duties or obligations, he is entitled to certain rights. His obligations are to secure to the tenant the quiet enjoyment of the premises leased; but in this he is not bound to protect the tenant against a person who has no title; and to perform all the express covenants into which he has entered in making his lease, as for instance, to repair the premises, but unless he bind himself by express agreement the tenant cannot compel him to repair. His rights are, to receive the rent agreed upon ; to enforce all the covenants in the lease which the tenant has agreed to perform ; to require the tenant so to use the premises as not to injure the inheritance, as by preventing waste and the like ; and to have possession of the premises when the lease has expired. The tenant is the person in possession or occupancy of the real estate. His obligations are, so to use the property as not to in- jure the inheritance ; to pay the rent or compensation as it shall become due ; to perft)rm all the agreements or covenants entered into by him. He is entitled to sole possession of the property to the exclusion of the landlord, except that the landlord may enter to see that no waste is committed, and he may compel the landlord to perform all the agreements entered into on his part 46 802 THE CLERK'S ASSISTANT. The instrument or contract showing tlie terms of the renting or hiring is the lease. The lease mav be for life, for years, or at will or sufferance. When it is for life, it may he for the life of the lessor or lessee, or for the life of a third party. When it is for years, the term is expressed in the lease, except that in the cit}- of New York if no limitation is expressed in the instrument, it is to be construed as expiring- on the first of May next suc- ceeding the execution. Leases for agricultural lands are restricted by the Constitution of New York to twelve years. Leases, at will or sufferance, may be for the will of the lessor or lessees, and are terminated by a notice of surrender, or a notice to quit. When the term of the lease has expired, the landlord is en- titled to immediate possession. So, too, he is entitled to posses- sion whenever the tenant has forfeited his term, as by neglecting to pay the rent when it becomes due, or by keeping a bawdy house , and often conditions are inserted in the lease, the perform- ing or not performing of which will forfeit the term. The lease should be in writing, and if for life, should be under seal and executed in the presence of a witness, or acknowledged ; but a verbal lease for one year or less, is valid and binding. Leases for three or more years must be recorded in the county where the premises are situated, or they will be void as against purchasers in good faith, and for a valuable consideration, except that in the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware and Schenectad}^, leases for life or years need not be recorded. A tenant may sublet to another person, unless he is restrained by the conditions of his lease. If he leases the whole property for the full term, it will amount to an assignment, and when the original landlord receives rent from the under tenant, as tbouoh he were his immediate tenant, the first tenant is discharged from his obligation to the landlord, and the new tenant is considered as holding the property on the same terms and conditions as the first tenant. This species of transfer is called an attornment. Taxes and all public charges are to be paid by the landlord, where the lease is silent on the subject, and if the tenant js com- pelled to j)ay them to protect himself against the taxgatherer he may deduct the amount from the rent. LANDLORD AXD TENANT. 363 The tenant is permitted to take down and carry away sncli fixtures as lie has himself put up, provided he does so before his lease expires. If the tenant is evicted from a part or the whole of the premises by the landlord, his reut ceases. If any tenant in arrear for rent desert the premises and leaves them unoccupied, any Justice of the Peace of the county, on due proof of such fiicts, at the request of the landlord, may go upon the premises, and upon being satisfied that the premises have been deserted, and affix a notice in writing upon a conspicuous part of the premises, requiring the tenant to appear and pay the rent due at some time in the said notice specified, not less than five days nor more than twenty days after the date thereof At the time specified in such notice, the Justice shall again view the premises ; if the tenant appear and deny that any rent is due to the landlord, all proceedings shall cease. If he, or any for him, does not appear, then the demise of the said premises to such tenant shall from thenceforth become void. The tenant may appeal from such proceedings at any time within three months iifter such possession is delivered. A tenant may be removed by any County Judge or Justice of the Peace of the city or town where the premises are situated, or by any Mayor or Eecorder ; or, in the city of New York, by the Mayor, Recorder, any Justice of the Marine Court, or any one of the Justices of the District Courts of the city of New York ; when such person holds over and continues in possession of the derriised premises, or a part thereof, after the expiration of his term, without the permission of the landlord ; or when he holds over without permission, after any default in the pay- ment of rent, and a demand of such rent shall have been made, or three days' notice in writing, requiring payment of such rent, or the iDOSsession of the premises, shall have been served by the person entitled to such rent, on the person owning the same ; or when the tenant of a term of three years, or less, shall have taken the benefit of any insolvent act, or been discharged from imprisonment during such term ; or when any person shall hold over and continue in possession of any real estate, which shall have been sold by virtue of an execution against such person, after a title under such sale shall have been i^erfected. 3G4 THE CLERK'S ASSISTANT. By making and presenting proof of the foregoing facts, bj affidavit, either of the officers before mentioned, on the request of the landlord or his agent, shall issue his summons describing the premises of which the possession is claimed, and requiring the person in possession forthwith to remove therefrom, or to show cause before said magistrate, at a time not less than three nor more than five days, why possession should not be given to ihe applicant. In the case of a tenant holding over after his term has expired, the summons may be made returnable on the same day. The summons may be served : either by delivering to the tenant, to whom it shall be directed, a true copy thereof, and at the same time showing him the original ; or, if such tenant be absent from his last or usual place of residence, by leaving a copy thereof at such place, with some person of mature age residing on the premises, or if there be no such person residing thereon, then such service may be made by affixing such copy upon a conspicuous part of said demised premises. If at the time appointed in the summons no sufficient cause be shown, then on proof of due service of the summons, the magis- trate shall issue his warrant to remove all persons from the pre- mises, and put the applicant into possession thereof. If, at the time appointed in the summons, the tenant, or some one in his behalf, file an affidavit denying the facts, or any of them, upon which the summons was issued, the matters thus controverted may be tried by a magistrate or a jury. If on such trial the magistrate or the jury find for the landlord, in such case the warrant shall issue. The issuing of the warrant for the removal of any tenant shall be deemed to cancel or annul the lease or contract for the use of the premises ; but the landlord may collect, by action or other- wise, rent due previous to such removal. Forcible entry and detainer is committed by unlawfully and vio- lently taking or keeping possession of lands and tenements with menaces, force and arms, and without the authority of the sta- tute. This is forbidden by the statute, as follows : No entry shall be made into an}^ lands or other possessions, but in cases where entry is given by law ; and in such case, only in a peaceable manner, not with strong hand, nor with multitude of people. LANDLORD AND TENANT. 365 "When any such forcible entry shall be made, or when the entry shall be made in a peaceable manner and the possession shall be held by force, the person so forcibly put out, or so forci- bly holden out of possession, and the guardian of any such per- son being a minor, may be restored to such possession by mak- ing a complaint in writing (accompanied by affidavit of such forcible wrong), to a Judge of the County Court of the same county. The Judge, on receipt of the proper papers, summons a jury to try the question. of rightful possession ; if the jury find in behalf of the applicant, the County Judge issues his precept commanding the Sheriff to put the rightful party in possession of the. premise?. FORMS. landlord's agreement of renting. This is to certify, that I have this 10th day of March, 18G0, let and rented anto 0. D., of the city of Albany, the house and lot known as No. 500 Lodge street, in said city, with the appurtenances, and the sole and uninterrupted use and occupation thereof, for the term of two years, to commence the 1st day of May, 1860, at the yearly rent of $400, payable quarterly on the usual quar- ter days (or on the first days of August, November, February and May in each year). A. B. [l. s. I IS"*, s. tenant's agreement of hiring. This is to certify that I have hired and taken from A. B., of the city ol Albany, the house and lot known as No. 500 Lodge street, in said city, for the term Of two years, to commence the 1st day of May, 1860, at the yearly rent of $400, payable quarterly on the usual quarter days (or on the first daj-s of August, November, February and May). And I do hereby promise to make punctual payment of the rent, in the manner aforesaid, and quit and surren- der the premises at the expiration of the said term, in as good state and con- dition as reasonable use and wear thereof will permit, damages by the elements excepted.* And in case of not complying with any of the covenants con- tained herein, the lessor, in his option, shall have the power and the right of terminating and ending this lease immediately, and I agree to forfeit to the said lessor the sum of $50, as and for liquidated damages. In case said pre- mises shall be destroyed by fire, before or during said term, then this lease to cease and determine ; the rent to be paid up to that time. • Given under my hand and seal the 10th day of March, 1860. A. B. [l. S.J :ivo. 3. surety given by tenant annexed. In consideration of the letting of the premises above described, and of the sum of $1, I hereby become surety for the punctual payment of the rent and performance of the covenants in the above written agreement mentioned, to be made and performed by C. D., if any default shall be made therein, I do LANDLORD AND TENANT. 3C7 hereby promise nnd ao-ree to pay unto A. B. such sum or sums of money aa will lie sufficient to make up such deficiency, and fully satisfy the conditions of the saitl agreement, without requiring any notice of non-payment or proots of demand being made. Given under my hand and seal the 10th day of March, 1860. L. H. [l. s. I JSo. 4. tenant's agreement not to be underlet. (Same as No. 2, except that after * insert the following :) And I also promise and agree not to underlet the aforesaid premises, or any part thereof, to any person or persons whatsoever, without obtaining the writ- ten permission of the lessor or his assigns. ISo. 5. tenant's agreement not to use premises for extra hazardous purposes. (Same as No. 2, except that after the * insert the foUoiuing :) And I also promise, covenant and agree, to and with the said A. B., that I will not use, or suffer to be used, the aforesaid premises in any business deemed extra hazardous on account ©f fire, without the written consent of the said A. B., or his assigns. Ifo. 6. tenant's agreement pledging his property on the premises as security. (Same as No. 2, except that a/ter * insert the following :) And I do hereby pledge and mortgage to the said A. B., all my personal property of what kind soever there is or may be on the premises aforesaid, for the faithful performance of the covenants herein, hereby authorizing the said A. B., in case of a failure on my part to perform all or any of said cove- nants, to take said property so pledged, and sell the same, and out of the pro- ceeds of s*uch sale to pay and discharge all rent and expenses which may at such time be due, and to pay over to me or my assigns the surplus moneys arising from such sale. A lease of a house. This indenture, made this 8th day of June, 1860, between A, B. of the one part, and C. D. of the other part, witnesseth, that the said A. B., for and in considerati(m of the rent, covenants, and agreements hereafter m and by these presents mentioned, reserved, and contained on the part and behalf of the said 0. D., his executors, administrators, and assigns, to be paid, observed, done, and performed, hath granted, demised, leased, and to farm let, and by these presents doth grant, lease, and to farm let unto the said 0. D., his executors, administrators, and assigns, all that brick house, messu- age, or tenement, with all and singular its appurtenances, situate, standing, ^68 THE CLERK'S ASSISTANT. and being m a certain street or place, called, &c., together witli all and singu- lar its appurtenances whatsoever, to the sai'd brick liouse, messuage, or tene- ment, and premises belonging, or in any wise appertaining, and therewith heretofore held, used, occupied, and enjoyed by F. Gr., late occupier thereof. To have and to hold the said brick house, messuage, or tenement, and all and singular other the premises therein before granted and demised, or mentioned, or intended to be, with the appurtenances, unto the said C. D., his executors, administrators, and assigns, from the 1st day of August next ensuing, the day of the date of these presents, for and during, and until the full end and term of five years from thence next ensuing, and fully to be complete and ended ; yielding and paying therefor yearly, and every year, during the said term, unto the said A. B., his heirs, or assigns, the yearly rent of $400, on the 1st day of November, 1860, in every year : the first payment thereof to begin, anJ to be made, &;c., next ensuing the date of these presents. Provided ahvay?- nevertheless, and it is the true intent and meaning of these presents, and of the said parties hereunto, that if it shall happen that the said yearly rent of . . . . hereby reserved, or any part thereof, be behind and unpaid by the space of . . . .next over or after any of the said days, whereon the same ought to be paid as aforesaid, that then, and from thenceforth, it shall, and may be lawful to and for the said A. B., his, &c., into and upon the said demised premises, and every, or any part or parcel thereof, with their appurtenances, in the name of the whole to re-enter, and the same to have again, repossess, and enjoy, as in his or their first or former estate or estates ; and him the said 0. D., his exe- cutors, administrators, and assigns, and all and every other, the occupier or occupiers of the said demised premises, from thence utterly to expel, remove, and put out ; anything in these presents contained to the contrary thereof in any wise notwithstanding. And the said C. D., for himself, his executors, administrators, and assigns, doth covenant and grant to and with the said A. B., his heirs, and assigns, by these presents, in manner following, that is to say ; that he, the said C. D., his executors, administrators, and assigns, shall and will, well and truly pay, or cause to be paid unto the said A. B., his heiis, or assigns, the said yearly rent above reserved, according to the true intent and meaning of these presents, clear of, and over and above all taxes and reprises whatsoever. And that the said C. D., his executors, administrators, and assigns, shall, and will from time to time, and at all times hereafter, during the said term herein before granted, at his and their own proper costs and charges, well and sufficiently keep in repair the said demised premises, with their, and every of their appurtenances, and also the glass, windows, pave- ments, privies, sinks, and gutters belonging to the same, in, by, and with all manner of needful and necessary reparations and amendments whatsoever, when, and as often as the same shall require (damages by fire only excepted), and the same premises with all and singular their appurtenances, being in and by all things so well and sufficiently repaired and kept (except as before ex- cepted), at the end, expiration, or other sooner determination of the said term hereby granted, shall, and will quietly and peaceably leave and surrender, and yield up unto the said A. B., his, &c., in good and sufficient repair and condi- tion (reasonable use and wearing thereof, and damage by fire as aforesaid, only excepted) : fliat he the said C. D., his executors, administrators, and assigns, shall, and will from time to time, and at all times hereafter, during the said term hereby granted, pay and discharge all taxes, charges, and impo- sitions, which shall be taxed, charged, imposed, or assessed upon the said messuage or tenement, or premises, or any part thereof. In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written. A. B. [l. S.J C. D. [l. S.J LANDLORD AXD TENANT. 369 LANDLORD AND TENANTS AGREEMENT. This instrument, made and executed this 10th day of March, 1860, between A. B. of the city of Albany, party of the first part, and C. D. of the same place party of the second part: Witnesseth, that the party of the first part has hereby let and rented to the party of the second part, and the party of the second part has hereby hired and taken from the party of the first part (insert description), for the term of five years, to commence the 1st day of May. 1860, at the yearly rent of $400, payable in equal, quarterly payments on the 1st days of August, November, February and May, m each year. And the party of the second part hereby covenants to and with the party of the first part to make punctual payment of the rent, in the manner aforesaid, and quit and surrender the premises at the expiration of said term in as good state and condition as they are now in, I'easonable use and wear thereof and dama- ges by the elements excepted, and further covenants that he the party of the second part will not use or occupy said premises for any business or purpose deemed extra hazardous on account of fire. And further covenants that he the party of the second part, will not assign this lease or underlet the said premises or any part thereof to any person or persons whomsoever, without first obtaining the written consent of said party of the first part, and in case of not complying with this covenant the party of the second part agrees to forfeit and pay to the party of the first part the sum of SlOO as and for liquidated damages which are hereby hquidated and fixed as damages and not as a penalty. This lease is made and accepted on this express condition, that in case the party of the second part should assign this lease or underlet the said premises or any part thereof without the written consent of the party of the first part that then the party of the first part, his heirs or assigns in his option shall have the power, and the right of terminating and ending this lease immedi- ately, and be entitled to the immediate possession of said premises, and to take summary proceedings against the party of the second part or any person or persons in possession as tenant, having had due and legal notice to quit and surrender the premises, holding over their term. It is further agreed between the parties that in case said premises should be destroyed by fire before or during the said term that then this lease is to cease and determine the rent to be paid up to that time. In witness whereof, the parties have hereunto set their hands and seals the day and year first above written. ■^ • . A. B. [L. s.] In presence of C. D. [l. s.J SECURITY ON THE FOREGOING. In consideration of the letting of the premises in the foregoing lease de- scribed, and of the sum of $1 to me duly paid by the party of the first part in said lease, I hereby become surety for the punctual payment of the rent and performance of the covenants in the above written agreement mentioned, to be made and performed by C. D., the lessee, and if any default shall be made therein I do hereby promise and agree to pay unto A. B., the lessor, such sum or sums of money as will be sufficient to make up such deficiency and fully satibfy the conditions of the said agreement, without requiring any notice of non-payment or proofs of demand being made. Given under my hand and seal the 10th day of March, 1800. G. H. [l. S.J 47 370 THE CLERK'S ASSISTANT. If o. XO . FARM LEASK. This indenture made the 24th da}' of January, in the year of our Lord 1859, between A. B., of the city of Albany, party of the first part and C. D. of the same place party of the second part, Avitnesseth : That the said party of the first part, in consideration of the rents, covenants and agreements hereinafter men- tioned, reserved and contained on the part of the said party of the second part, his executors, administrators and assigns, to be paid, kept and performed, has demised and to farm let, unto the said party of the second part, his executors, administrators, and assigns, all (insert description) with the appurtenance?, •into the said party of the second part, his executors, administrators arul assigns, from the 1st day of April, 1859, for the full term of ten years then next ensuing, yielding and paying therefor, unto the said party of the first part, his heirs or assigns, yearly and every year dming the said term hereby granted, the yearly rent or sum of igSOO in equal half-yearly payments, to wit: on the 1st days of October and April in each and every year; provided that if the yearly rent above reserved, or any part thereof, shall be unpaid on any day of payment whereon the same ought to be paid as aforesaid; or if default shall be made in any of the covenants or agreements herein contained, on the part of the said party of the second part, then and from thenceforth it shall be lawful for the said party of the first part, his heirs or assigns, to re- enter upon said demised premises, and the same to have again, as in their first and former estate. And the said party of the second part, does covenant and agree, with the said party of the first part, his heirs and assigns, that he the said party of the second part, his executors, administrators or assigns, will yearly and every year during the said term, unto the said party of the first part, his heirs or assigns, the yearly rent above reserved, on the days and in manner limited and prescribed as aforesaid, for the payment thereof, without any deduction or delay. And thai the said party of the second part, his exe- cutors, administrators or assigns, will, at his own proper costs and charges, bear, pay and discharge all taxes, duties and assessments, as may, during the said term hereby granted, be charged, assessed or imposed upon the said de- mised premises. And that on the' determination of the estate hereby granted, the said party of the second part, his executors, administrators or assigns, shall and will leave and surrender unto the said party of the first part, his heirs or assigns, the said demised premises in as good state and condition as they are now in, ordinary wear and damages by the elements excepted. And the said party of the first part, does covenant and agree with the said party of the second part, his executors, administrators, and assigns, that the said party of the second part, his executors, administrators and assigns, paying the said yearly rent aliove reserved, and performing the covenants and agreements aforesaid on his part, the said party of the second part, his executors, admin- istrators and assigns, shall and may at all times during the said term hereby granted peaceably have, hold and enjoy the said demised premises, without any manner of trouble or hindrance of or from the said party of the first part his heirs or assigns, or any other person or persons whomsoever. In witness whereof, the parties to these presents have hereunto set their hands and seals. A. B. [l. S.J C. D. [l. sJ Sealed and delivered in the presence of \ LANDLORD AND TENANI. 371 ISO. 11. AGKEEMENT FOR FURNISHED ROOM. Memorandum. It is agreed by and between E. F. and G. H., as follows, viz. : The said E. F., in consideration of the rent hereinafter mentioned and agreed to be paid to him, hath letten to the said G. H. one room, up two flight of stairs forwards, part of the now dwelling house of the said E. F., situate on Third street, in the city of Troy, together with the furniture at pre- sent standing therein, that is to say : (insert furniture.) To hold to the said G. H. for the term of two years, to commence from May 1, 1860, at the yearly rent of $100, to be paid quarterly to the said E. F. The said G. H., in consideration hereof, agrees to pay the aforesaid yearly rent of $100, at the times above limited for payment thereof; and at the end of the tei'm, or in case of any default in the payment, shall and will, on request of the said E. F., or his assigns, immediately yield and deUver up to him or them, the peaceable and quiet possession of the said room, together with the whole furniture, he from the fust entrance thereon, there found and possessed, in good and sufficient plight and condition, reasonable wear and tear only excepted. In witness whereof, the parties have signed this agreement this 15th day of AprO, 1860. ^ ^ G. H. ISo. 13. AN ASSIGNMENT OF A LEASE INDORSED. Know all men by these presents, that I, A. B., in consideration of S50, to me in hand paid by C. D., the receipt whereof I do hereby acknowledge, have bargained, sold, assigned, and set over, and by these presents do bargain, sell, assign, and set over, unto the said C. D., his executors, administrators, and assigns (or if a durable lease, say, his heirs and assigns), as well the within written indenture, as also all the term and interest in all and singular the lands, tenements, hereditaments and premises within mentioned, yet remain- ing under and by virtue of the said indenture, and hkewise all my estate, right, title, interest, claim, property, and demand of, in, or to the same lands, tene- ments, hereditaments, and premises, wliich I now have, either by means of the within indenture, or otherwise howsoever; subject, nevertheless, to the rents and covenants in the said indenture contained. In witness whereof, I have hereunto set my hand and seal this 8th day of June, 1860, A. B. [l. S.J No. 13. SURRENDER OF A LEASE TO THE LESSOR BY INDORSEMENT, Know all men by these presents, that I. the within named A. B., in cons! deration of $25, to me in hand paid, at and before the enseahng and delivery of these presents, do for me, mv executors, and administrators, bargain, sell, surrender, and yield up from the day of tlie date hereof, unto the within named C. D., and his heirs [or his executors, and administrators) as well the 372 THE CLERK'S ASSISTANT. within indentuie of lease, as the lands and premises therein mentioned, ard the term of j'ears therein yet to come, with all my right, title and interest thereto, and tliat free and clear of all incumbrances of Avhat kind soever, at any time, by me, or by my privity, consent, or procurement, done, committed, or suffered. In witness, &c. JVo. X4.. LEASE ANQ CHATTEL MORTGAGE* A lease made and executed between A. B. of the first part, and C. D. o^ the second part, the 9th day of January, in the year of our Lord, 1860. In consideration of the rents and covenants hereinafter expressed, the said party of the first part has demised and leased, and does hereby demise and lease to the said party of the second part the following premises, viz.: (insert descrip- tion) with the privileges and appurtenances, for and during the term of four years from the 1st day of May next. And the said party of the second part, covenants that he will pay to the party of the first part, for the use of said premises, the annual rent of §400 to be paid quarterly on the 1st days of August, iSToveraber, February and May, in each year. And provided said party of the second part shall fail to pay said rent, or any part thereof, w-hen it becomes due, it is agreed that said party of the first part may sue for the same, or re-enter said premises, or resort to any legal remedy in addition to the remedy hereinafter provided. The party of the second part agrees to pay all taxes to be assessed on said premises during said term. The party of the second part covenants that at the expiration of said term, he will sur- render up said premises to the party of the first part, id as good condition as now, necessary wear and damage by the elements excepted. And the said party of the second part, for securing the payment of the rent hereinbefore mentioned, and in consideration of the sum of $ I to him in hand paid, at or before the ensealing and delivery of these presents, by A. B., of the first part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain, and sell, unto the said party of the first part, all the goods and chattels whatsoever, mentioned and expressed in the schedule hereunto annexed, now remaining and being on the said premi- 'ses (or to be placed on the said premises) to have and to hold all and singular the goods and chattels above bargained and sold, or intended so to be, unto the said party of the first part, his executors, administrators and assigns, for- ever. And the said party of the second part, for his heirs, executors and ad- ministrators, all and singular the said goods and chattels above bargained and sold unto the said party of the first part, his executors, administrators and assigns, against the said part}' of the second part, and against all and every person and persons Avhomsoever, shall and wiU warrant, and by these presents forever defend, upon condition tliat if the said party of the second part shall and do well and truly pay, or cause to be paid unto the said party of the first part, his executors, administrators or assigns, the sum of rent above mention- ed, then these presents and everything hei-ein contained, shall cease and be void. And the said party of the second part, for himself his executors, admin- istrators and assigns, does covenant and agree to and with the said party of the first part, his executors, administrators, and assigns, to make punctual pay- ment of the money hereby secured ; and in case default shall be made in pay- ment of the said sum above mentioned, it shall and may be lawful for, and the said party of the second part does hereby authorize and empower the said party of the first part, his executors, administrators and assigns, with the aid and assistance of any person or persons to enter and come into and upon the dweUing house and premises of the said party of the second part, and in such LANDLORD AND TENANT. . 373 other place or places as the said goods arid chattels are or may be lield'or placed, and take and cany away the paid goods and chattels, to sell and dispose of the same fur the best price they can obtain, and out of tlie money to retain and pa}' the said sum above mentioned, with the interest and all expense? thereon, i-en Jering the overplus (if any) unto the said party of the second part, his executors, administrators and assigns. And until default be made in the payment of the afoiesaid sum of mone}^ the said party of the second part to remain and continue in quiet and peaceable possession of the said -goods and chattels, and the full and free enjoyment of the same unless the said party of the first part, his executors, administrators or assigns, shall sooner choose to demand the same; and until such demand be made, the possession of the said party of the second part shall be deemed the possession of an agent or ser- vant, for the sole benefit and advantage of his principal, the said party of the first part In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written. A. B. [L. S.J C. D. [L. S.J Sealed and delivered in / the presence of ) No. X5. AFFIDAVIT OF LANDLORD THAT PREMISES ARE DESERTED BT TENANT. Albany County, ss. A. B., being duly sworn, says that on the 1st day of April, 1859, he leased to C. D. a house and lot in the village of Bern, for the period of three years from said April, 1859 : that the said C. D. entered and occupied said premises until sometime in May, 1860, when he abandoned said premises, leaving due and unpaid the rent for the quarter, ending April 1, 18G0, and leaving no property on said premises, and that said premises are now unoccupied, and uncultivated. And the said A. B. further says, that he is desirous of regaining possession of said premises, in accordance with the provisions of the statute in such case made and provided. Sworn &c. A. B. jXo. 16. NOTICE TO BE AFFIXED ON A CONSPICUOUS PART OF THE PREMISES. To C. D., tenant of the demised premises, of which the following is a description : (insert description of premises.) Whereas, it has been duly proved to me the undersigned, that you, being in arrear for rent, have deserted and left unoccupied and uncultivated, without any goods thereon subject to distress to satisfy the arrears of rent, the above described premises, demised to you by A. B. ; and, whereas, I the undersigned, a Justice of the Peace of said county of Albany, having, at the request of the said A. B., gone upon and viewed the said premises, and being satisfied upon such view that the said premises have been deserted as above stated : You are hereby notified and required to appear and pay the rent due, on or before the. . . .day of (a tune not less than five nor more than t\^ onty days after the date of the notice), or the landlord will be put into possession of the said premises, and any demise of the said premises to you shall from thenceforth become void. Dated and afiixed on said premises, the. . . .day of ., in the j^ear. . . . J, C, Jusike of the Peace. 374 THE CLEP.K'S ASSISTANT. THE ENTRY IN JL'STICe"s DOCKET. At the request of the said A. B., and upon the proof above mentioned, 1 went upon and viewed the premises described in said lease, and being satisfied on such view that the premises have been deserted by the said tenant, as proved by the evidence hereinbefore stated, I affixed upon a conspicuous part of the said premises the following notice in writing: (Here the notice should be copied into the docket.) And afterwards, to wit, on the . . day of last, being the time speci- fied in said notice, I again viewed the premises, and upon the said second view, the said C. D., the tenant, did not, nor did any one for him, appear or pay the rent in arrear. And there being no sufficient distress on the said premises, to satisfy the said rent, I put the said A. B., the landlord, into pos- session of the said demised premises, according to the statute in such case made and provided. J. C, Justice of the Peace. ISo. XS. APPEAL BOND. Whereas, certain proceedings have been had at the instance of A. B., against C. D., before J. C, one of the Justices of the Peace of the county of Albany, under color of the provisions of the statute authorizing summary proceedings to obtain possession of demised premises when deserted by the tenant, whereby the said A. B. was, on the 1st day of May last, put into the possession of certain premises by him demised to the said C. D., from which proceedings the said C. D. hath appealed to tlie County Court of said county. Now, therefore, the condition of this obligation is such, that if the said C. D., shall well and truly pay to the said A. B., all costs of such appeal which may be adjudged against such tenant, then this obligation shall be void, other- wise of full force. C. D. [l. S.J Sealed and delivered ) P. Q. [l. s.] in presence of ( A. M. I approve of this bond as the security for the appeal therein mentioned. J. C, Justice. No. 1». NOTICE TO THE JUSTICE, OF THE APPEAL. 'lo J. C, Esq., Justice of the Peace: Sir — I have appealed, and do hereby appeal to the County Court of the county of Albany, from your proceedings at the instance of A. B., by which he has been put in possession of the premises lately occupied by me in the town of Bern, in this county, under color of the provisions of the statute authorizing summary proceedings to recover possession of lands in certain cases. And of this you will take notice, and return the proceedings had before you to the said court within ten days. Tours, &c., Bern the 9th day of June, 1860. C. D. LANDLORD AXD TEXANT. 375 IVo. 30. NOTICE BY THE JUSTICE TO THE LANDLORD, OF THE APPEAL. To U. S. : Sir- You will take notice that C. D, upon giving the i-equired security, hath this day appealed to the County Court of the county of Albany, from my proceedings at your instance, and by which you have been P'^'t in posses- sion of the premises situate in Bern, in said county, and demised by you to the sa d 0. D., for the term of eight years. Yours, &c., J. C, Justice. Dated Bern; this 9th day of June, in the year 1860. I^^o. 31, OATH OF HOLDING OVER AFTER EXPIRATION OF TERM. Albany County, ss. A. B., of Bern, in said county, being duly sworn, doth depose and sav, that on or about the 1st day of April, in the year 1859, this deponent demised unto C. D. a certain lot of land (describe the premises), for the term of one year from the 1st day of May, 1859, which said term has ex- pired, and that he or his assigns hold over and continue in possession of tho said premises without the permission of this deponent. « A o Sworn and subscribed, this 6th day [ of June, 1860, before me, \ J. J., Judge of Albany County. ISO. 33. SUMMONS REQUIRING THE TENANT TO REMOVE. To C. D. : Whereas, A. B. has made oath, and presented the same to me, that on or about the Igt day of April, in the year 1859, he demised unto you a certain, lot of land (describe the premises) for the term of one year from the 1st day of May then next ensuing, and that you or your assigns hold over and continue in possession of the said premises after the expiration of your term therein, with- out the permission of the landlord : Therefore, the People of the State of New York hereby summon and require you forthwith to remove fi-om the said premises, or show cause before me, at my office in the village of Bern, on the 7th day of June, at 10 o'clock in the forenoon, why possession of the said pre- mises should not be delivered to the landlord. Witness my hand the 6th day of June, 1860. Yours, &c., J. J., Judge of Albany County. No. 33. AFHDAVIT OF THE SERVICE OF THE SUMMONS. Albany County, ss. W. G., of the town of Bern, in the said county, bemg sworn, saith. that on the 6th day of Jutie, instant, he served the annexed 376 THE CLERKS ASSISTANT. summons upon C. D., the tenant therein named (by delivering to him person- ally a true copj' thereof, at the same time showing him the original). {Or, by leaving, in the absence of said tenant, at his last or usual place of residence, with his wife, residing on the premises, a true copy thereof) Or, by leaving, in the absence of said tenant, at his last (or usual place) ot residence, with E. D., of mature age, residing on the premises, a true copy thereof. W. G. Sworn, &c. ITo. 34. WARRANT TO PUT THE LANDLORD IN POSSESSION. To any one of the Constables of the county of Albany, Greeting: Whereas, A. B. has made oath, and presented the same to me, that on or about the 1st day of April, in the year 1859, he demised unto G. D. a certain lot of land (describe the premises) for the term of one year from the 1st day of May then next, and that he or his assigns hold over and continue in possession of the same after the expiration of said term therein, without the permission of the landlord. Whereupon I issued a summons requiring the said tenant forth- with to remove from the said premises, or show cause before me, at a certain time now past, why the possession of the said premises should not be de- livered to the landlord ; and no sufScient cause having been shown to the con- trary, and due proof of the service of the »aid summons having been made, I do therefore, in the name of the People of the State of New York, command you to remove all persons from the said premises, and put the landlord into the full possession thereof. Witness my hand the 7th day of June, 1860. J. J., Judge of Albany County. IVo. 35. NOTICE TO QUIT TO A TENANT AT WILL, OR AT SUFFERANCE. To C. D., of Bern : You are hereby required to remove from and quit the premises which you hold of me, situate in the village of Bern, in the county of Albany, within one month after service of this notice. Yours, &c., A. B. Dated the 7th day of May, in the year 1860. IVo. 36. AFFIDAVIT TO BE MADE BY THE LANDLORD, IN CASE OF A TENANCY AT WILL. Albany County, ss. ■ A. B., of Bern, in said county, being sworn, saith, that eince the 7th day of May, in the year 1859, C. D., of the same place, has held and occupied the house and lot in the village of Bern on Elk street, where the said C. D. now resides, as the tenant of this deponent, and at iiis will, and without any certain time agreed on for the termination of said tenancy. And this deponent caused a notice in writing to be served on the said C. D., in due form of law, on the 7th day of May last, requiring him to remove from said premises within one month from the day of service the/eof. LANDLORD AND TENANT. 377 And this deponent further saith, that the said time hath expired, and that the said C. D., or iiis assigns, hold over and continue in possession of the said premises after the expiration of said time, without tlie permission of this de- ponent. A. B. Sworn and subscribed, tliis 8th day ) of June, 1860, before me, \ S. T., Judge, dec. SUMMONS THEREON TO THE TENANT TO REMOTE OR SHOW CAUSE. To C. D., of Bern : Whereas, A. B. has made oath in writing and presented the same to me, that since the 7th day of May, in the year 1859, you have held and occupied the house and lot in the village of Bern, in Elk street, where you now reside, as his tenant, and at his will, without any certain time agreed on for the ter- mmation of said tenancy. And that he caused a notice in writing to be served on you, in due form of law, on the 7th day of May last, requiring you to remove from said premises within one month from the day of the service thereof And that the said time hath expired, but that you or your assigns hold over and continue in possession of said premises after the expiration of said time, without the permission of the said landlord. Therefore, in the name of the People of the State of New York, you are hereby summoned and required forthwith to remove from the said premises, or show cause before me, at my office in the town of Bern, in said county. on the 11th day of June, instant, why possession of the said premises should not be delivered to the said landlord. Given under my hand this 7th day of June, 18C0. S. T., Judge of Albany Counti/. No. 38. WARRANT TO REMOVE THE TENANT, IX CASE OF TENANCY AT WILL. To any one of the Constables of the County of Albany, Greeting : Whereas, A. B. has made oath in writing, and presented the same to me, that since the 7th day of May, 1859, C. D., of Bern, has held and occupied the house and lot in the village of Bern, in Elk street, where he now resides, as his tenant and at his will, without any certain time agreed on for the termination of said tenancy. And that he caused a notice in Avriting to be served on him the said tenant, in due form of law, on the 7th day of April last, requiring liim to remove from said premises witliin one month from the date of the service thereof And that the said time hath expired, but that the said tenant or his assigns hold over and continue in possession of said premises after the expira- tion of said time, without the permission of said landlord. Wlicreupon I issued a summons, requiring the tenant to remove from said premises, or show cause before me, at a certain time now past, why the landlord should not be put in possession of said premises; and due proof of the service of said sum- mons having been made to me, and no good cause against the said landlord's application having been sliown, or any way appearing: Therefore the People of the State of New York command you to remove all persons from the said premises, and put the said A. B. into the full possession thereof In witness whereof, I have subscribed these presents this 11th day of June, in the year 1860. * S. T., Judge of Dutchess County, 48 378 THE CLERK'S ASSISTANT. avo. so. NOTICE REQUrRING PAYMENT OF RENT OR POSSESSION OF THE PREMISES. To C. D., Tenant : Sir — One j'ear's rent is now due upon the premises leased by me to you, and you are hereby required to pay the same within three days from the ser- vice of this notice, or to deliver up the posseission of the said premises to me. Dated Bern, the 2d day of June, 1860. Yours, &c., A. B. I And it is agreed between the said parties to these presents, and the said copartners each for himself respectively, and for his own particular part, and for his executors and administrators, doth severally, and not jointly, covenant, promise, and agree, to and with the other partner, his executors, and admin- istrators, by these presents, in manner and form following: (that is to say) that they the said co-partners shall not, nor Avill at any time hereafter, use, exercise, or follow the trade of. . . .aforesaid, or any other trade whatsoever, during the said term, to their private benefit or advantage, but shall and will from time to time, and at all times during the said term (if they shall so long Uve\ do their, and each of their best endeavors, in and by all means possible, to the utmost of their skill, power and cunning, for their joint interest, profit, benefit, and advantage, and truly employ, buy, sell, and merchandise with the stock aforesaid, and the increase thereof, in the trade of . . . aforesaid, without any sinister intentions or fi-audulent endeavors whatsoever. And also, that they, the said copartners, shall and will, from time to time, and at all times hereafter during the said term, pay, bear, and discharge equally between them, the rent of the shop which they the said copartners shall rent or hire for the joint exercising or managing the trade aforesaid. And that all such gain, profit, and increase, that shall come, grow, or arise, for or by reason of the said trade, and joint occupying as aforesaid, shall be, from time to time during the said term, equally and proportionably divided between them the said copart- ners, share and share alike. And also that all such loss as shall happen to the said joint trade by bad debts, ill commodities, or otherwise, without fiaud or „^ovin. shall be paid and borne equally and proportionably between them. '^Vnd further, it is agreed by and between the said copartners, parties to these presents, that there shall be had and kept from, time to time, and at all times during the said term, and joint occupying and copartnership together as afore- ^3aid, perfect, just, and true books of account, wherein each of the said co- partners shall duly enter and set down, as well all money by them received. PARTXERSniP. 413 paid, expended, and laid out, in and about the management of the said trade, as also all wares, goods, commodities, and merchandi^s, by them, or either of ' ! them, bought and sold, by reason, or means, or upon account of the said co- I partnership, and all other matters and things whatsoever, to the said joint Al trade, and the management thereoi', in any \\ ise belonging or appertaining ; 7-V which said books shall be used in common between the said copartners, so '' that either of them may have access thereto without any interruption of the I other. And also that tliey the said copartners, once in thpee months, or ^ ! oftener if need shall require, upon the reasonable request of one of them, I shall make, yield, and render each to the other, or to the executors of each other, a true, just, and perfect account of all profits and increase, by them, or either of them made ; and of all losses by thema, or either of them sustained ; aud also of all payments, receipts, disbui'semeiits, and all other things, what- soever, by them made, received, disbursed, acted, done, or sufl^ired, in their said copaitoership, and joint occupying, as aforesaid, and the same account, so made, shall and will clear, adjust, pay, and deliver, each unto the other, at the time of making such account, their equal shares of the profits so made as afore- » »^ said. And at the end of the term of. . ..oc-otlier- sooner determination of"-— ^iA\h<> ^*>^^ " thecio pro3cnt3 (be it by the death of one of the said copartners, or other- wise), they the said copartners, each to the other, or in case of the death of either of them, the surviving party to the executors or administrators of the i party deceased, shall and will make a true, just, and final account of all things as aforesaid, and divide the profits aforesaid, and in all things well and truly ! adjust the same, and that they also, upon the making of such a final account, | and all and every the stock and stocks, as well as the gains and increase ' thereof, which shall appear to be remaining, whether consisting of money, wares, debts, &c., shall be equally divided betweed them the said copartners, their executors, or administrators, share and share alike. ' ' I- witness, &c. v-K^^^ i f..,,^^ V^^ V-^, . AN AGREEMENT TO CONTINUE A PARTNERSHIP, __ '" ^ j Articles, &c. between M. B. of the one part, and H. P. of the other part. "■ '^ ] Whereas the said M. B. and H. P. have, for several years last past, been "" ' equally concerned together as partners, or joint traders, in the trade of . . . . and : in all profits and losses thereby. And whereas, before sealing hereof, they I have made-up between them a full account and reckoning, of and concerning the said trade, goods, and debts, belonging and owing to and by them on - v 1 account thereof, containing all charges, profits and loss thereby, wheereof each , ■< j of them, hath, to the date thereof, paid and received one equal moiety, or ^^>y^f half part, and upon making up the said account, there appears to be remaining ' ■ in stock, at the sealing hereof, in goods, and debts owing on account of the said trade, the sum or value of . . . . which belongs to them jointlj^, and wherein they are equally concerned; out of which said stock are due and payable on account of the said joint trade, several debts amounting to And whereas, the said parties intend to continue the said trade of . . . . in the dwelling house of the said M. B., in, &c., for. . . .years, with the said joint stock of, &c., and to be concerned therein equally as to profit and loss. Now these presents wit- ness, that in consideration of the trust and confidence which the said parties have had and repose in each other, it is hereby declared, covenanted, and ' agreed, by and between the said parties, for themselves, their executors, administrators, and assigns, that the said parties are, and will become and con- ! tinue partners and joint traders in the trade of biscuit baking, and vending ' and selling of biscuits, upon a joint and equal account between them for profit and loss, for the said time or term of. . . .years, to conlmence from the 414 THE CLERK'S ASSISTANT. date hereof, if both the said parties shall so long live. And it is agreed, that all chai-ges and losses, and all profits arising by and on account of the said joint trade, shall be equally paid, received, and borne, by and between the said parties, and that the said M. B., for and in consideration of the rent of the shop, and other conveniences, wherein the said trade is driven, shall have and receive all benefit and advantage to be had and made by the bran arising by the flour or meal used in the said joint trade, as he hath hitherto received the same. And it is further agreed, &c. (that the parties be true to each other), and have not, shall not, nor will do or suffer any act or thing whatsoever, whereby, or by means whereof, any goods, moneys, or things belonging to the said joint trade, shall, or may be extended, seized, or taken in execution, but that each of them shall and will defend the said joint stock and trade from their own private and separate debts, and all damages by reason thereof And at the end of the term (as in the last form to the end). avo. 3. ARTICLES OF COPARTNERSHIP ANOTHER FORM. Articles of copartnership made this 12th day of March, 1859, by and be- tween E. D. and H. A., both of the city of Albany. The said parties hereby agree to form and do form a copartnership for the purpose of carrying on the general produce and commission business on the following terms and articles of agreement, to'the faithful performance of which they mutually engage and bind themselves. The style and name of the copartnership shall be D. & A., and shall com- mence on the 1st day of April, 1859. Each of said parties agree to contribute to the funds of the partnership the sum of §1,000 in cash, which shall be paid in on or before the 1st of April, 1859 ; and each of said parties shall devote and give all his time and attention to the business, and to the care and superintendence of the same. All profits which may accrue to the said partnership, shall be divided, and all losses happening to the said firm whether from bad debts, depreciation of goods, or any other cause or accident, and all expenses of the business shaU be borne by the said parties equally. All the purchases, sales, transactions and accounts of the said fiim shall be kept in I'egular books, which shall be always open to the inspection of both parties and their legal representatives, respectively. An account of s^ock shall be taken, and an account between the parties shall be settled as often as once a year and as much oftener as either partner may desire and in writing request. Neither of the said parties shall subscribe any bond, sign or indorse any note of hand, accept, sign or indorse any draft or bill of exchange, or assume any other liability, verbal or written, either in his own name or in the name of the firm, for the accommodation of any other person or persons whatsoever, without the consent in writing of the other party ; nor shall either party lend any of the funds of the copiulnership without such consent of the other party. Neither party shall be engaged in any other business, nor shall either party withdraw from the joint stock any more thm ^91 per quarter or $364 per year. On the dissolution of this copartnership, if the said parties or their legal representatives cannot agree in the division of the stock then on hand,, the whdle copartnership effects, except the debts due the firm shall be sold at pulilic auction, at which both parties shall be at liberty to bid and purchase like other individuals, and the proceeds to be divided after paying the debts of the lirm. PARTNERSHIP. 415 For the purpose of securing the performance of tne foregoing agreements, it is agreed that either party, in case of any violation of them or either of them by the other, shall have the right to dissolve this copartnership forth- with on his becoming informed of such violation. In M'itness whereof, the said parties have hereto set their hands and seals tne da3' and year first above written. E. D. [L. S.J H. A. [l. S.J IVo. 4. INDORSED ON ARTICLES OF COPARTNERSHIP FOR CONTINUING THE SAMK WITH OTHER COVENANTS. These presents indorsed, witness, that it is mutually declared and agreed between the within named A. and B., for themselves, their executors, and administrators, respectively, that the partnership and joint trade between them within mentioned, shall be continued between them for the term of. . . .years, from the expiration (or you may. begin thus:) We, the within named A. and B., do by these presents indorsed, declare, and mutually covenant and agree unto and with each other, his and their executors and administrators, to con- tinue the said joint trade and partnership within mentioned for the further term of. . . .y^ars, from the expiration, &c., of the . . . .years within mentioned, to be accounted, if both of them shall so long live, with the joint stock ; and under and subject to the several covenants and agreements as are within ex- pressed and contained. And whereas, since the sealing and executing the within indenture of partnership, the said A. hath bought and purchased the lease and terra of, and in the said messuages and premises within mentioned, which he then held at a rent. It is therefore further declared and agreed between the said parties, that if the said A. shall happen to die before the ex- piration of the said term of . . . . years, and the said B. shall him survive, that then the executors and administrators of the said A. are only to grant, and when the said B., giving security for payment to the executors or administra- tors of the said A., of so much money as the said A., his part and share in the joint stock, and debts which shall then be owing on account of the said joint trade shall amount unto, for the sum of. . . .to be allowed to the said A. for his charges in repairs and other works about the said house, as in the within indenture in that behalf expres,sed, rnd according to the true meaning thereof, the executors and administrators of the said A., shall, and will, at the charge of the said B,, seal, and execute to him, a lease of the said messvuiges or tene- ments for the term of. . .years, to commence from the quarter day next after the decease of the said A., at the yearly rent of to be paid quarterly, and with such covenants to be continued therein as are contained in the lease, whereby the said A. holds the said premises, which lease the said B. agrees to accept, and at the same time to seal a counterpart thereof to the executors or administrators of the said A., and that the said executors or administrators are not to grant his lease and term of years therein, as within is mentioned, nor any further term therein, otherwise than as aforesaid ; the within written in- denture, &c. In witness, &c. AGREEMENT TO CONTINUE PARTNERSHIP INDORSED ON THE ORIGINAL ARTICLES. It is hereby agreed that the partnership within mentioned, shall be contin- ued on the same conditions, limitations and restrictions, for the further term of five years from and after the 1st day of April, ISGO. (Signed) A. B. March 10, 18G0. C. D. 416 THE CLERK'S ASSISTANT. Ifo. 6. DISSOLUTION INDORSED ON ORIGINAL ARTICLES. By mutual consent of the within named parties the within partnership is hereby dissolved, and either one of the partners is authorized to receive money, and compound the claims due the partnership, and give full receipt and acquittances for the same. A. B. C. D. Albany, May 19, 1860. JVo. •?. CERTIFICATE OF LIMITED PARTNERSHIP. m conformity with the statute concerning limited partnerships : We the subscribers do certify, that we have formed a limited partnership, to be con- ducted under the name and firm of Smith & Allen, in the business of buying and selling dry goods, groceries, crockery, hardware, and such other articles as are usually dealt in by country merchants. The subscriber, Thomas Smith, whose place of residence is in the town of Washington, Dutchess county, is interested in said partnership as a general partner. John Allen, whose place of residence is also at Washington, is likewise interested in said partnership as a general partner : W. J., residing in the town of Poughkeepsie, in the county of Dutchess aforesaid, is interested in said partnership as a special partner, and as such has contributed ^1,000 of capital to the common stock; and S. S., residing in the city of New York, is also a special partner, and has contributed •'^1,500 of capital to the said common stock. The said partner- ship is to commence on the 1st day of April next, and to terminate on the 1st day of April, in the year 1SG6. Made, and severally signed by the said oartners, at Poughkeepsie, the 1st day of March, in the year 1860. T. S. J. A. W. J. S. S. JVo. 8. CERTIFICATE OF ACKNOWLEDGMENT. Dutchess County, ss. On the 1st da)'- of March, in the year 1860, T. S., J. A., W. J., and S. S., known to me to be the persons described in, and who made and signed the preceding certificate, came before me, and severally acknowledged that they had made and signed the same. J. J., Judge of Dutchess County. Ifo. 9. FORM OP AFFIDAVIT TO BE FILED WITH THE CERTIFICATE. Dutchess County, ss. T. S., of Washington, in said county, being sworn, saith, that he is one of the general partners mentioned in the annexed certifi- cate, and that the sums therein specified to have been contributed by W. J. PARTNERSHIP. 417 and S. IsJ., the special partners therein named, to the common stock, to wit, ^1,000 by the said W. J., and ^1,500 by the said S. S., have been actually and in good faith paid in cash by them respectively. T. S. Subscribed and sworn before me, ^ this 12th day of March, 1860, '\ J. J., Judge of Dutchess County. 3V o. lO . NOTICE TO BE PUBLISHED. Notice is hereby given, that T. S. and J. A., who severally reside in the town of Washington, county of Dutchess, W. I., who resides in Poughkeepsie, and S. S., who resides in New York city, all in the State of New York, have formed a limited partnership in accordance with the provisions of the Revised Statutes of the State of New York, in the business of buying and selling dry goods and groceries, crockery and hardware, as country merchants, in which the above named persons are all the parties who are interested therein; that the said T. S. and .7. A., are the general partners, and the said W. J. and S. S. are the special partners; that the said W. J. has contributed and paid in, in cash the sum of ^1,000, and the said S. S. has contributed and paid in, in cash the sum of $1,500, as capital towards the common stock; and that the said partnership is to commence on the 1st day of April, 1860, and is to terminate on the 1st day of April, 1866. Dated March 1, 1860. (Signed) T. S., &c. I«fo. iX. DESIGNATION BY THE CLERK, OF THE NEWSPAPERS IN WHICH THE PUBLICATION 13 TO BE MADE. Let the terms of the hmited partnership between T. S., J. A., W. J., and S. S., be published in the Poughkeepsie Journal, and the Telegraph, which papers are published in Poughkeepsie, in Dutchess county. H. I. T., Clerk. nxo. 13. AFFIDAVIT OF PUBLICATION, TO BE SUBJOINED TO A COPY OF THE ADVER- TISEMENT. Dutchess County, ss. P. P., printer of the Poughkeepsie Journal, being sworn, saith that the preceding advertisement of the terms of a limited part- nership between the persons therein named, has been published in the Pough- keepsie Journal, a newspaper published in said county, for the term of six weeks, next and immediately after the day of the registry of the certificate, the 2d day of March, in the year 1860. •^ P. P. Sworn, &c. 53 CHAPTEE XXXI. PATENTS. The Constitution of the United States reserves to, and makes It the duty of Congress to promote the progress of science and useful arts, by securing for limited times, to authors and inven- tors, the exclusive right to their respective writings and disco- veries. In accordance • with this provision the Congress of the United States has passed a law granting to inventors the sole right to use their inventions for the period of seventeen years from the time of obtaining a patent, but no right of extension for a longer time, under any circumstances, except for designs. Any person, whether a citizen or an alien, may obtain a patent for any invention, design or improvement made b}^ him, and not before known. In case of the death of the inventor, the patent will issue to his legal representatives ; or if the inventor assigns aU his interest, the patent will be granted to the assignee. Joint inventors are entitled to a joint patent ; but neither can claim one separately. It is necessary that the applicant be the first in- ventor, for although he in fact may have invented something and some one else has preceded him in the discovery, he will not be entitled to the patent. The application must be made by the actual inventor, if alive, although the patent is to issue to the assignee. It must be signed by tbe applicant and be addressed to the Commissioner of Patents. The applicant must set forth, in his specification, the precise in- vention or improvement for which he claims a patent ; being particular not to claim too much. The specification should con- tain drawings of the article claimed to be invented, with an ac- curate description of the same, with reference to the drawing by PATENTS. 419 letters and figures ; and it should be signed by tbe inventor and attested by two witnesses, and accompanied by oath or affirmation of the inventor, that he verily believes himself to be the original or first inventor of the invention therein described ; and that he does not know or believe the same was ever before known or used ; and that he is a citizen of the United States ; or, if an alien, that he has resided within the United States for the whole of the past year, and has taken the oath prescribed by law for becoming naturalized in this country. The drawings required should be in perspective, and signed by the applicant, and attested by two witnesses. Such parts as cannot be shown in perspective must, if described, be represented in plans, sections or details. Duplicate drawings must be sent with the specification. They must be neatly and artistically executed, in fast colors, on one or more sheets, separate from the other papers — eighteen inches from top to bottom, and thirteen across, or nine inches by thirteen. One of these drawings, which is to be kept in the ofiice fqr reference, should be on stiff drawing paper. Any citizen, or alien who has resided one year in the United States, and taken the oath of his or her intention to become a citizen, who may have invented or produced any new and original design for a manufacture, or an original design for a bust, statue or bass-relief, or composition in alto or basso-relievo, or any new and original impression or ornament to be placed on any article of manufacture, or print or picture, to be either worked into, or worked on, or otherwise fixed on any article of manufacture, or any new and original shape or configuration of any article of manufacture not known or used by others, and who shall desire to obtain an exclusive property or right therein, may make application in writing to the Commissioner of Patents, expressing such desire ; and the Commissioner may grant a patent therefor, for the term of three and one half years, or for the term of seven years, or for the term of fourteen years, as the applicant may elect in his application. And the patentees of designs are entitled to the extension of their respective patents, for the term of seven years from the day on which said patents shall expire. 420 THE CLERK'S ASSISTANT. The applicant for an extension must file his petition and pay in the requisite fee, at least ninety days prior to the expiration of his patent, to give time for the sixty days' notice required to be given, and to allow suf&cient time to the Commissioner to examine the case fully, after the expiration of those sixty days, and previous to the day on which the patent is to expire. There is no power in the patent office to renew a patent after it has once expired. According to the rules of the department, all models are not to exceed one foot square, unless for special reasons in particular cases. All cases in the Patent Office are arranged in classes, which are taken up for examination in regular rotation, and when finally decided upon, the original papers are retained in the office. If, when an application is neglected, the applicant relinquishes his claim, and so notifies the Commissioner of Patents, he can withdraw two-thirds of tlie fee paid by him at the time of making his application. After a case has been once rejected, the applicant msjy have a second examination ; he may then bring his case before the Examiners-in-Chief ; and if still dissatisfied, he may appeal to the Commissioner of Patents in person, on payment of the pre- scribed fee. A re-issue is granted to the original patentee, his heirs or assigns, when, by reason of an insufficient or defective specifi- cation, the patent is invalid, provided the error has arisen from inadvertency, accident or mistake, without any fraudulent or deceptive intention. Where, by inadvertence, accident or mistake, the original patent is too broad, a disclaimer may be filed either by the original patentee or by any of his assignees. The power of extending a patent for a design for seven years from the day on which it would expire, is now vested in the Commissioner of Patents. " The questions which arise on each application for an exten- sion are: " 1. Is the invention novel? "2. Is \\. %isefuU " 3. Is it valuable and important to the public ? PATENTS. 42J " 4. lias the inventor been adequately remunerated for his time and expense in originating and perfecting it? " 5. Has he used due diligence in introducing his invention into general use ? " The first two questions will be determined upon the result of an examination in the Patent Office ; as will also the third, to some extent. " To enable the Commissioner to come to a correct conclusion in regard to the third point of inquiiy, the applicant should, if possible, procure the testimony • of persons interested in the invention, which testimony should be taken under oath. " In regard to the fourth and fifth points of inquiry, in addi- tion to his own oath, showing his receipts and expenditures on account of the invention — by which its value is to be ascer- tained — the applicant should show, by the testimony of disin- terested witnesses on oath, that he has taken all reasonable measures to introduce his invention into general use, and that, without default or neglect on his part, he has failed to obtain, from the use and sale of the invention, a reasonable remunera- tion for the time, ingenuity and expense bestowed on the same, and the introduction thereof into use." When any person opposes the extension, testimony is taken on both sides and submitted to the Commissioner of Patents. Any citizen, or an alien who has resided for one year last past in the United States, and made oath of his intention to become a citizen thereof, can file a caveat in the secret archives of the Patent Office ; and if at any time, within one year thereafter, another person applies for a patent for the same invention, he will be entitled to notice to complete his specification, and have an opportunity of proving his priority of invention. Caveat papers cannot be withdrawn or altered after they have once been filed, but additional papers may be appended, provided they are merely amendatory of the original caveat. Patentees or their assignees are required to affix the date of' the patent on each article vended or offered for sale, under a penalty of not less than one hundred dollars. The following is the tariff of fees of the Patent Office, estab- lished by law : 422 THE CLERK'S ASSISTA^'T. On every application for a patent, except for a design, $15 00 On every caveat, 10 00 On every ap2:)lication for a design, if for 3^ years, 10 00 On every application for a design, if for 7 3^ears, 15 00 On every application for a design, if for 14 years, .... 30 00 On every additional patent, granted on a reissue, 30 00 On issuing each original patent, 20 00 On every filing a disclaimer, 10 00 On every application for a reissue, 30 00 On granting every extension of a patent, 50 00 On every application for an extension, 50 00 On every appeal to the Commissioner, 20 00 On every appeal to the Judges of Circuit Court, 25 00 On every certified copy of a patent, or other instrument, for every 100 words, 10 On every copy of drawings, The cost of having it made. For recording every assignment, of 300 words or under, 1 00 For recording every assignment, if over 300 and under 1,000 words, 2 00 For recording every assignment, if over 1,000 words, . 3 00 It is recommended that the money for the payment of fees should be deposited with an assistant treasurer, or other officer authorized to receive the same, taking his certificate and remit- ting to the Patent Office. The following officers are authorized to receive patent fees on account of the Treasurer of the United States, and to give cer- tificates of deposit, which will be received as cash by the Patent Office: Assistant Treasurer of the United States, Boston, Massachusetts. Assistant Treasurer of the United States, New York. Treasurer of the Mint, Philadelphia, Pennsylvania. Surveyor and Inspector, Pittsburg, Pennsylvania. Assistant Treasurer of the United States, Charleston, South Carolina. Collector, Baltimore, Maryland. Collector, Richmond, Virginia. Collector, Norfolk, "Virginia. Collector, Buffalo Creek, New York. Collector, Wilmington, North Carolina. PATENTS. 423 Collector, Savannah, Georgia. Collector, Mobile, Alabama. Treasurer Branch Mint, New Orleans, Louisiana. Assistant Treasurer United States, St, Louis, Missouri. Surveyor of the Customs, Nashville, Tennessee. Surveyor of the Customs, Cincinnati, Ohio. Eeceiver of Public Moneys, Little Rock, Arkansas. Eeceiver of Public Moneys, Jeffersonville, Indiana. Receiver of Public Moneys, Chicago, Illinois. Receiver of Public Moneys, Detroit, Michigan Collector, San Francisco, California. Depositary, Tallahassee, Florida. In contested cases, the deposition of a witness or witnesses may be taken by either party, on reasonable notice being given to the opposite party, of the time and place when and where such deposition or depositions will be taken, so that the opposite party shall have full opportunity to cross-examine the witness or witnesses. And such notice, with the proof of service of the same, must be attached to the deposition, whether the party appear and cross-examine or not. And sufficient notice must also be given of the hearing at the Patent Office, for the appear- ance of the opposite party, and for the transmission of the evi- dence to the Patent Office. All evidence taken on depositions shall be sealed, and addressed to the Commissioner of Patents, by the persons before whom it shall be taken, and it shall be so certified on the envelop containing the same. All correspondence with the Patent Office must be with the Commissioner of Patents, and all letters or communications for the office must be addressed to him. FORMS. ISO. X. PETITION FOR A PATENT; To the Commissioner of Patents : The petition of J. F., of Philadelphia, in the county of Philadelphia, and State of Pennsylvania, respectfully represents : That your petitioner has invented a new and improved mode of preventing steam boilers from bursting, vi^hich he verily beheves has not been known or used prior to the invention thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, vest- ing in him and his legal representatives the exclusive right to the same, upon the terms and condition expressed in the act of Congress in that case made and provided ; he having paid $15 into the treasury, and complied with the other provisions of the said act. J. F JVo. 3. SPECIFICATION. To all whom it may concern : Be it known that I, J. F., of Philadelphia, in the county of Philadel- phia, in the State of Pennsylvania, have invented a new and improved mode of preventing steam boilers from bursting ; and I do hereby declare that the following is a full and exact description thereof, reference being had to the accompanying drawings, and to the letters of reference marked thereon: The nature of my invention consists in providing the upper part of a steam boiler with an aperture in addition to that for the safety-valve ; which aper- ture is to be closed by a plug or disk of alloy, which will fuse at any given degree of heat, and permit the steam to escape, should the safety-valve fail to perform its functions. To enable others skilled in the art to make and use my invenJ;ion, I will proceed to describe its construction and operation. I construct my steam- boiler in any of the known forms, and apply thereto gauge-cocks, a safety-valve, and the other appendages of such boilers ; but, in order to obviate the danger arising from, the adhesion of the safety-valve, and from other causes, I make a second opening in the top of the boiler, similar to that made for the safety- valve, as shown at A, in the accompanying drawing ; and in this opening I insert a plug or disk of fusible alloy, securing it in its place by a metal ring and screws, or otherwise. This fusible metal I, in general, compose of a mix- ture of lead, tin, and bismuth, in such proportions as will insure its melting at PATENTS. 425 a given temperature, Avliicli must be that to which it is intended to limit the steam ; and will, of course, vary with the pressure the boiler is intended to sustain. I surround the opening containing the fusible alloy by a tube B, intended to conduct off any steam which may be discharged therefrom. When the temperature of the steam in such a boiler rises to its assigned limit, the fusible alloy will melt, and allow the steam to escape freely, thereby securing it from all danger of explosion. What I claim as my invention, and desire to secure by letters patent, is the application to steam boilers of a fusible alloy, which will melt at a given tem- perature, and allow the steam to escape, as herein described, using for that purpose the aforesaid metallic compound, or any other substantially the same, and which will proihice the intended efi'ect. J. F. Witnesses, R. P. - 0. E. OVo. 3, THE SPECIFICATION FOR A MACHINE, SHOULD COMMENCE THUS: Be it known that I, ..... of , in the county of , and State of . . , . have invented a new and useful machine for (stating the use and title of the machine ; and if the application is for an improvement, it should read thus : a new and useful improvement on a, or on the, machine, &;c.) — and I do hereby declare that the following is a full, clear, and exact description of the construc- tion and operation of the same ; reference being had to the annexed drawings, making a part of this specification, in which figure 1 is a perspective view ; figure 2 a longitudinal elevation ; figure 3 a transverse section, &c ; (thus describing all the sections of the drawings, and then referring to the parts by letters. Then follows the description of the construction and operation of the machine ; and lastly the claim, which should express the nature and character of the invention, and identify the parts claimed separately or in combination. If the specification is for an improvement the original invention should be dis- claimed, and the claim confined to the improvement.) } • • •• No. 4. OATH ANNEXED. State of Pennsylvania, City and County of Philadelphia, ss. On this. day of , 185- before me, the subscriber, a .... , personally appeared the within named J. F., and made solemn oath {or affirmation) that he verily believes himself to be the original and first inventor of the mode herein described for preventing steam boilers from bursting ; and that he does not know or believe the same was ever before known or used ; and that he is a citizen of the United States. (Signed) A. B., Justice of the Peace. OATH OF AN ALIEN WHO HAS TAKEN THE REQUISITE STEPS TO BECOME NATURALIZED. State of Pennsylvania^ City and County of Philadelphia, ss. On this . . . .day of. . . ., 18 , before me, the subscriber, a . . ., personally appeared the within 64 426 THE CLERK'S ASSISTANT. named J. F., and maile solemn oath {or affirmation) tliat he verily believes himself to be the original and first inventor of the mode herein described for preventing steam boilers from bursting ; and that he does not know or believe the same was ever before known or used ; and that he is a native of the Kingdom of Grreat Britain; that he has resided within the United States for the whole of the past year, and has taken the oath prescribed by law for becoming naturalized in this country. (Signed) A. B., Justice of the Peace. JSo. 6. PETITION TO WITHDRAW APPLICATION FOR A PATJiNT. To the Commissioner of Patents : Sir — I hereby withdraw my application for a patent for improvements in the cotton-gin, now in your office, and request that $20 may be returned to me, agreeably to the provisions of the act of Congress authorizing such with- drawal. E. W. Cabotsville, Mass., February 16, 1860. Eeceived of the Treasurer of the United States, per C. M., Commissioner of Patents, $20, being the amount refunded on withdrawing my application for a patent for improvements in the cotton-gin. E. W. Cabotsville, Mass., February 16, 1860. TSo. <7. STTRRENDER OF A PATENT FOR RE-ISStTE. To the Commissioner of Patents : The petition of S. M., of Philadelphia, in the county of Philadelphia, and State of Pennsylvania, respectfully represents: That he did obtain letters patent of the United States for an improvement in the boilers of steam engines, which letters patent are dated on the 1st day of March, 1850 ; that he now believes that the same is inoperative and in- valid by reasou of a defective specification, which defect has arisen from in- advertence and mistake. He therefore prays that he may be allowed to sur- render the same, and requests that new letters patent may issue to him, for the same invention, for the residue of the period for which the original patent was granted, under the amended specification herewith presented, he having paid $30 into the treasury of the United States, agreeably to the require- ments of the act of Congress in that case made and provided. S. M. Tfo. 8. OATH TO BE APPENDED TO APPLICATIONS FOR RE-ISSUES. State of Pennsylvania, City and County of Philadelphia, ss. On this day of 18. ., before the subscriber, a , personally appeared the above named S. M., and made solemn oath (or affirmation) that he verily believes that, by reason of an insufiicient or defective specification, his aforesaid patent PATENTS. 427 is not fully valid and available to him ; and that the said error has arisen from inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, to the best of liis knowledge or belief. (Signed) . ISo. O. ADDITION OF NEW IMPROVEMENTS. To the Commissioner of Patents : The petition of J. R., of the county of Berkely and State of Virginia, respect- fully represents : That your petitioner did obtain letters patent of the United States for an improvement in the boilers of steam engines, which letters patent are dated on the 1st day of March, 1860; that he has since that date made certain im- provements on his said invention; and that he is desirous of adding the sub- joined description of his said improvements to his original letters patent, agreeably to the provisions of the act of Congress in that case made and pro- vided, he having paid IgiSO into the treasury of the United States and other- wise complied with the requirements of the said act. J. Pv. I«fo. lO. FORM FOR A DISCLAIMER. To the Commissioner of Patents: The petition of S. C, of Cabotsville, in the county of Hampden and State of Massachusetts, respectfully represents : That he has, by assignment, duly recorded in the Patent Office, become tho- owner of a right for the several States of Massachusetts, Connecticut and Rhode Island, to certain improvements in the steam engine, for which letters patent of the United States were granted to J. D., of Boston, in the State of Massachusetts, dated on the 1st day of March, 1860; that he has reason to believe that, through inadvertence and mistake, the claim made in the specifi- cation of said letters patent is too broad, including that of which the said patentee was not the first inventor. Your petitioner, therefore, hereby enters his disclaimer to that part of the claim in the aforenamed specification which is in the following words, to wit : " I also claim the particular manner in which the piston of the above described engine is constructed so as to insure the close fitting of the packing thereof to the cylinder, as set forth ;" which disclaimer is to operate to the extent of the interest in said letters patent vest- ed in your petitioner, who has paid $10 into the treasury of the United States, agi'eeably to the requirements of the act of Congress in that case made and provided. S. 0. ISTo, XI. APPLICATION FOR PATENTS FOR DESIGNS. To the Commissioner of Patents : The petition of B. W., of the city and county of Philadelphia and State of Pennsylvania, respectfully represents : That your petitioner has invented or produced (a new and original design for a composition in alto-relievo) whiuL he verily believes has not been known 428 THE CLERK'S ASSISTANT. prior to the production thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the act of Congress in that case made and provided, he having paid $15 into the treasury, and complied with the other provisions of the said act. And he asks that such patent may issue for seven (or 3i, or 14) years. g^ W"_ ISo. X 3. SPECIFICATION FOR DESIGNS.. To all whom it may concern : Be it know, that I, B. W., of the city of Philadelphia, in the county of Pliiladelphia and State of Pennsylvania, have invented or produced a new and original design for a composition in alto-relievo, and I do hereby declare that the following is a full and exact description of the same : (Here follows a description of the design, with reference to the specimen or drawing, the specification to conclude with declaring what the inventor claims, in terms characteristic of the design, &c.) B. W Witnesses, K W. N. B. ICo. X3. OATH TO SPECIFICATION FOR DESIGN. State of Pennsylvania, City and County of Philadelphia, ss. On this . day of. . . ., 186. ., before the subscriber, a. . . ., personally appeared the within named B. W., and made solemn oath (or affirmation, as the case may be) that he verily believes himself to be the original and first inventor or pro- ducer of the design for a compositi6n in alto-rehevo, and that he does not know or beheve that the same was ever before known or used, and that he i? a citizen of the United States. ISO. X4. FORM OF A CAVEAT. To the Commissioner of Patents : The petition of S. C, of Cabotsville, in the county of Hampder. and State of Massachusetts, respectfully represents : That he has made certain improvements in the mode of constructing the boilers for steam engines, and that he is now engaged in making experiments for the purpose of perfecting the same, preparatory to his applying for letters patent therefor. He therefore prays that the subjoined description of his invention may be filed as a caveat in the confidential archives of the Patent Office, agreeably to the provisions of the act of Congress in that case made and provided; he having paid $10 into the treasury of the United States, and otherwise complied with the requirements of the said act. S. C. Cabotsville, March 1, 1860. PATENTS. 429 IS o. 15. ASSIGNMENT OF THE ENTIRE INTEREST IN LETTERS PATENT BEI'ORE OBTAINING THE SAME. ^Vliereas I, J. W., of Scipio, in the county of Cayuga and State of New York, have invented certain new and useful improvements in plows, for which I am about to make appHcation for letters patent of the United States; and whereas D. P., of Burlington, New Jersey, has agreed to purchase from me all the right, title, and interest which I have, or may have, in and to the said invention in consequence of the grant of letters patent therefor, and has paid to me, the said W., the sum of ^5,000, the receipt of which is hereby acknowledged : Now this indenture witnesseth, that for and in consideration of the said sum to me paid, I have assigned and transferred, and do hereby assign and transfer, to the said D. P., the full and exclusive right to all the improvements made by me, as fully set forth and described in the specification which I have prepared and executed pre- paratory to the obtaining of letters patent therefor. And I do hereby autho- rize and request the Commissioner of Patents to issue the said letters patent to the said D. P., as the assignee of my whole right and title thereto, for the sole use and behoof of the said David Peacock and his legal representa- tives. In testimony whereof, I have hereunto set my hand and affixed my seal this 16ih day of February, 1860. J. W. pSEAL.1 Sealed and delivered in ) the presence of \ G. C. D. R. ISO. 16. ASSIGNMENT OF A PARTIAL RIGHT IN A PATENT. Whereas I, J. W., of Scipio, in the county of Cayuga and State of New York, did obtain letters patent of the United States for certain improve- ments in plows, which letters patent bear date the first day of March, 1855; and whereas D. P., of Burlington, New Jersey, is desirous of acquiring an interest therein : Now, this indenture witnesseth, that for and in con- sideration of the sum of ^2,000, to me in hand paid, the receipt of which is hereby acknowledged, I have assigned, sold, and set over, and do hereby assign, sell, and set over, unto the said D. P., all the right, title, and interest which I have in the said invention, as secured to me by said letters patent, for, to, and in the several states of New York, New Jersey, and Penn- sylvania, and in no other place or places; the same to beheld and enjoyed by the said D. P., for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters patent are granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made. In testimony whereof, I hereunto set my hand and affix my seal this 16th day of February, 18G0. J. W. [seal, J Sealed and delivered in ) the presence (»f ( J. P. D. F. 430 THE CLERK'S ASSISTANT. Wo. IT . THE CERTIFICATE OF DEPOSIT WITH ASSISTANT TREASURER. Office of the The Treasurer of the United States has credit at this office for $ . . . . in specie, deposited by. . ., of the town of. . . ., in the county of. . . .and State of , the same being for a patent (or whatever the object may be) for a steam-boiler, A. B. aVo. X8. DEPOSITION. In the matter of the interference of L. a. with I. K. A. B., being duly sworn, doth depose and say, in answer to interrogatories proposed to him'by C. D., counsel for E. F., as follows, viz. : I. Interrogatory. What is your name, your residence, and occupation ? 1. Answer. My name is A. B. ; I am a carpenter, and reside in Boston, Massachusetts. And in answer to cross interrogatories proposed to him by Gr. H., counsel for I. K., as follows, viz. : 1. Cross interrogatory, &c. (Signed) A. B. State of New York, Rensselaer County, ss. At Troy, in said county, on the . . . .day of. . . ., A. D. 1856, before me personally appeared the above named A. B., and made oath that the foregoing deposition, by him subscribed, con- tains the whole truth, and nothing but the truth. The said deposition is taken at the request of E. F., to be used upon the hearing of an interference between the claims of the said E. F. and those of I. K., before the Commissioner of Patents of the United States, at his office, on the . . . .day of. . . .next. The said I. K. was duly notified, as appears by the original notice hereto annexed, and attended by C H., his counsel. Cer- tified by me, L. M., Justice ,of the Peax:e. ISo. It*. SUPERSCRIPTION TO BE WRITTEN ON THE ENVELOP CONTAINING THE DEPOSITION. I hereby certify that the depositions of A. B., C. D., &c., relating to the matter of interference between E. F., and C H., were taken, sealed up, and addressed to the Commissioner of Patents, by me. H. M., Commissioner of Deeds. 3Vo. 30. AMENDMENTS TO SPECIFICATION. " I hereby amend my specification by inserting the following words after the word in the line of the page thereof," (here should follow the words that are to be inserted ;) or, " I hereby amend my specification by PATENTS. 431 striking out the., .line of the page thereof," or, "by striking out the first and fourth claims appended thereto," or whatever may be the amend- ment desired by the applicant. L. D. Witnesses, R. C. 0. P. ITo. »1. ft ASSIGNMENT OF THE RIGHT IN A PATENT FOR ONE OR MORE STATES. Whereas, A. B., in the city of Troy, county of Rensselaer, and State of New York, did obtain letters patent of the United States, for certain improve- ments in extension bedsteads, which letters patent bear date the 16lh day of March, I860. And whereas, C. D., of the city aforesaid, is desirous of acquiring an interest therein. Now this indenture witnesseth, that for and in consideration of the sum of $6,000 to me in hand paid, the receipt whereof is hereby acknow- ledged, I have assigned, sold and set over, and do hereby assign, sell and set over, all the right, title and interest, which I have in the said invention, as secured to me by said letters patent, for, to and in the State of Vermont, and in no other place or places; the same to be held and enjoyed by the said C. D., for his own use and 'behoof, and for the use and behoof of his legal rep- resentatives, to the full end and term for which the said letters patent are or may be granted, as fully and entirely as the same would have been held and enjoyed by me, had this assignment and sale not have been made. In witness whereof, I have hereunto set my hand and seal this 25th day of June, 1860. A. B. fL. S.J In presence of G. H. L. M. Tfo. 33. APPEAL TO THE EXAMINERS-IN-OHIEF. To the Commissioner of Patents: Sir — In conformity with section third of the act of Congress, dated 2d March, 1861, I hereby make application for an appeal from the decision of the Principal Examiner, in the matter of my application for a patent for an improve- ment in (describe patent), rejected a second time on the day of , 186 . , and request that the same may be heard by the Examiners-in-Chief, the renewed oath required in such cases having been taken. Respectfully, CHAPTER XXXII. PENSION'S. A pension is a stated and certain allowance granted by the government to an individual, or those wlio represent him, for val- uable services performed by him for the country. Congress by general laws has granted pensions to revolutionary soldiers, to naval officers and sailors, to members of the army, and of the militia who have been in actual service a sufficient length of time, and to those who have been wounded or disabled since the Revo- lution, in United States service. In addition to pensions, bounty lands or military land warrants have been granted to such persons who have been in the service of the United States a sufficient length of time to entitle them to receive them. Agents have been appointed by the government ' in different parts of the United States for the purpose of paying pension claims. Of this number forty-seven are army pension agents, and nineteen are navy pension agents. Each person entitled to a- pension on applying to the proper agent, must identify himself or herself as the person entitled to such pension, which fact must be proved by affidavit, and must contain a copy of the ori- ginal certificate entitling such person to draw a pension. If the pension has been increased by any law of Congress since the oridnal certificate was granted, that fact must be noted by the mao-istrate before whom the proof of identification is taken. The requisite proofs for this purpose may be taken before any person authorized to administer oaths, and when such proofs are submit- ted to the agent he must be satisfied by a certificate from the County Clerk or prothonotary. that the magistrate taking such proofs was authorized to take the same. PENSIONS. 433 Owing to the liability to mistake or error, great care must be taken in preparing the papers for substantiating the necessary facts. All interlineations in the papers should be carefully noted by the magistrate, at the time of executi(jn. If the pension has remained unclaimed by any pensioner, for the period of fourteen months after it has become due and payable, application to draw the same must be made at Washington, to the Department of the Interior. Where an attorney or agent of the pensioner makes applica- tion for the pension, he must deposit with the agent a power of attorney in his favor duly acknowledged, and dated on or subse- quent to the day on which the pension claimed became due, and within ninety days of the time of his applying for payment ; and also his own affidavit, that said power was not given him by reason of any sale, transfer or mortgage of said pension. The pension agent of the government is, by the act of Congress, authorized to take all such affidavits or affirmations as are neces- sary for carrying out the intentions of the law. In case of the death of any pensioner, the arrears of pension due to him at the time of his death, must be paid, I. "To the widow of the deceased pensioner, or to her attor- ney," proving herself to be such before a Court of Record. II. If there be no widow, then to the child or children of the deceased pensioner; or to his, her, or their attorney, if of lawful age ; or to his, her, or their guardian, or his attorney if they are minors, upon proof before a Court of Record, of the necessary facts in each case. III. If there be no widow, child, or children, then the amount due such pensioner at the time of his death must be paid to the legal representatives of the deceased. IV. When an executor or administrator shall apply for the pension due to a deceased person, he must deposit with the agent for paying pensions a certificate of the Clerk of the Court, Judge of I^robate, Register of Wills, Ordinary or Surrogate (as the case may be), stating that he is duly authorized to act in that capacity on the estate of the deceased pensioner, and that it has been proved to his satisfaction that there is no widow, child, nor children, of the said pensioner, living. 55 i34 THE CLERK'S ASSISTANT. Tth. In all cases of payments being made of moneys due a deceased pensioner, the original pension certificate must be sur- rendered, as evidence of the identity of the person to whom the pension claimed was due, or other substantial evidence of such identity must be produced in case such certificate cannot be ob- tained for surrendry, and that due search and inquiry have been made for said certificate, and that it cannot be found. The date of said pensioner's death must be proved before a Court of Eecord. 8th. A certificate of the facts proved must be' obtained from the Clerk of the court. It is not necessary for the Clerk to give the evidence in detail, but only to state the facts that have been proved, and certify, under his seal of office, that the testimony adduced was satisfactory to the court. 9th. When a pensioner is placed under guardianship, the guar- dian applying for a pension must, in addition to the evidence of the pensioners' identity, deposit with the agent for paying pen- sions, a certificate, from the proper authority, that he is at that time acting in that capacity, and also satisfactory evidence that his ward was living at the date the pension claimed became due. When a person who has been disabled in the service of the United States, applies for a pension, his application should show what time he enlisted in the service, in what company and under what commander he served, and that he was honorably dis- charged from the service, and in what his disability consists. The two latter facts may be shown, by his certificate of discharge and surgeon's certificate of disability. In cases where the regular discharge and surgeon's certificate for disability have been lost, or where none have been given, the applicant must produce the certificate of his captain, or ot^ier commissioned officer, under whom he served, stating distinctly the time and place of his having been wounded, or otherwise dis- abled, and that the said wounds or disabilities arose while in the service of the United States, and in the line of his duty. The certificate of a commissioned officer cannot be dispensed with, unless it be shown that such certificate cannot be obtained. In such case the applicant must produce the testimony of at least two credible witnesses (who were in a condition to know the facts about which they testify), whose good character must be vouched for by some one known to. the department, and wh j must give a PENSIONS. 435 minute narrative of the facts in relation to the matter. They must show how they obtained a knowledge of the facts to which they testify, and state in what capacity or grade they served. The habits of the applicant, and his occupation, since he left the service, must be shown by at least two credible witnesses. All evidence must be verifed by oath or affirmation, and the official character of the magistrate must be duly authenticated ; and such magistrate must, in all cases, certify that he is not interested in the prosecution of the claim. By the act of congress, approved July 14, 1862, pensions are granted to : Invalids, disabled since March 4, 1861, in the line of duty, in the military or naval service of the United States. Widows of officers, soldiers or seamen, dying by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, and if there be no widow, then to the child or children under sixteen years of age. If the deceased has left no widow or legitimate child, then to the mother of such deceased, if she was dependent upon him for support, provided such mother receives no other pension. If the deceased left no widow, legitimate child, or mother, then to an orphan sister or sisters, under sixteen years of age, who y^ere dependent, in whole or in part, upon him for support. FORMS. ISTo. 1. invalid's CLAM. State of New Yorlc, Albany County, ss. Be it known, that before me, G« H., a Justice of the Peace in and for the county aforesaid, duly authorized by law to administer oaths, personally appeared A. B., to me known, and made oath in due form of law, that he is the identical person named in an original certificate in his possession, of which (I certify) the following is a true copy : (Insert copy original certificate.) Examined and countersigned. [l. S.J Commissioner of Pensions. Secretary of... . That he now resides in the town of Bern, in said county, and has resided there for the space of three years last past, and that previous thereto he resided in Knox (and no other place), and that he has not been employed, or paid, in the army, navy or marine corps of the United States, from the 1st day of January, 1848, to the 26th day of June, 1860, nor since the date of his last pension cer- tificate. A. B Sworn and subscribed before me this ) 26th day of June, 1860, \ G. H., Justice of the Peace. . No. 3. POWER OF ATTORNEY ANNEXED. Know all men by these presents, that I, A. B., of Bern, an invalid, pen- sioner of the United States, do hereby constitute and appoint C. D. my true and lawful attorney, for me, and in my name, to receive from the agent of the United States for paying pensions in the city of Albany my pension, from the day of 18.., to the day of 18.. Witness my hand and seal this 26th day of June, 1860. A. B. [l. 8.1 Sealed and delivered in ) the presence of f L. M. M. 0. PENSIONS. 437 ISTo. 3. ACKNOWLEDGMENT TO POWER OF ATTORNEY. State of New Yorh, Albany County, ss. Be it known, that on the 26th day of June, 18G0, before the subscriber, a Justice of the Peace in and for said county, duly authorized by law to administer oaths, personally appeared A. B., above named, and acknowledged the foregoing power of Attorney to be his act and deed. In testimony whereof, I have hereunto set my hand the day and year last above mentioned. G. H., Justice of the Peace No. 4, widow's claim. State of New Yorh, Albany County, ss. Be it known, that before me, G-. H., a Justice of the Peace in and for the county aforesaid, duly authorized by law to administer oaths, personally appeared A. B., and made oath in due form of law, that she is the identical person named in an original certificate her possession, of which (I certify) the following is a true copy ; (Insert copy of original certificate.) Examined and countersigned. Commissioner of Pensions, Secretary of... , That she has not intermarried, but continues the widow of the above men- tioned L. E. ; that she now resides in Bern, in said county, and has resided there for the space of ten years last past, and that previous thereto she resided in Knox, in said county. To the truth of which statements I am fully satisfied, A. B. Sworn and subscribed before me this \ , 26th day of June, 1860. ) Gr. H., Justice of the Peace, No. 5. ADDITIONAL PROOF WHEN A PENSIONER HAS NEGLECTED FOR FOURTEEN MONTHS TO CLAIM HIS PENSION. State of New York, County of Albany, ss., 26th day of June, 18G0. I, J. P. a magistrate in the county above named, do hereby certify that I have the most satisfactory evidence, viz. : (here state what the evidence is ; whether personal knowledge, or the affidavits of respectable persons, giving their names), that who has this day appeared before me to take the oatli of identity, is the identical person named in the pension certificate, which he has exhibited before me, numbered. . . ., and bearing date at the War Ofiice, the 11th day of May, 1848, and signed by , Secretary of War. Given under my hand, at Bern, on the day and year above written. J. P., Justice of the Peace- 438 THE CLERK'S ASSISTANT. No. 6. OATH OF GPARDIAN FOR A PENSIONER. State of New York, Albany County, ss. Be it known, that before me, Qr. H., a Justice of the Peace in and for said county, personally appeared L. M., guardian of A. B., and made oath in due form of law that the said A. B. is still living, and is the identical person named in the original certificate in his possession, of which I certify the following is a true copy : (Here insert a copy of his certificate of pension.) That he now resides in , and has re- sided there for the space of five years last past, and that previous thereto he resided in the town of Columbus, county of Chenango, in said State. L. M., Gvxirdian, Sworn and subscribed this 26th day ) of June, 1860, before me, \ G. H., Justice, &c. CERTIFICATE OF COUNTY CLERK AS TO MAGISTRATE. State of New Yorh, County of Oswego. I. R. P., clerk of the county ot Oswego, and State aforesaid, hereby certify thatG. H. is a Justice of the Peace in and for said county, duly elected and qualified ; that his term of oflSce com- menced on the 1st day of January, 1860, and will expire on the Istday of Jan- uary, 1864, (if annexed to the pension papers add the following) and that his signature above (or within) written is genuine. Given under my hand and the seal of said county, this 26th day of June, 1860. fL. s.] E. R., County Clerk. JXo. 8. OATH OF THE AGENT OR ATTORNEY. State of New York, County of Oswego, ss. C. D. being sworn says, that he is the attorney named in the foregoing power of attorney, and that he has no interest whatever in the money he is authorized to receive by virtue of the foregoing power of attorney, either by any pledge, mortgage, sale, assignment, or transfer, and that he does not know or believe that the same has been s. disposed of to any person whatever. C. D. Subscribed and sworn before me ) this 26th day of June, 1860, \ M. M., Commissioner of Deeds. I>fo. 9. IDENTITY OF WIDOW OR CfflLD OF A DECEASED PENSIONER. State of Neio York, County of Albany, ss. Be it known, that before me, G. H., a Commissioner of Deeds in and for the city and county of Albany, person- ally appeared B. B., and made oath in due form of law that she (or he) is a widow (or son or daughter) of A. B. the identical person who was a pensioner, and is now dead, and to whom a certificate of pension was issued, which is herewith surrendered. That the deceased pensioner resided in the town of PENSIONS. 439 Bern, in said county, for the space of ten years before his death , and that previous thereto he resided in the town of Schodack, in the county of Rens- selaer, in said State. B. B. Subscribed and sworn before me [ this 2Gth day of June, 1860, ) G. H., Commissioner of Deeds. ISO. lO. CERTIFrCATE OF THE COURT AS TO THE DEATH OF THE PENSIONER. State of New York, County of Albany, ss. I. R. R., clerk of the Supreme Court of said State, held for the county of Albany, at the City Hall ni the city of Albany, do hereby certify, that satisfactory evidence has been exhibited to said court, that A. B. was a pensioner of the United States, at the rate of ^8 per month, was a resident of the State of New York, in the county of Albany, and died at Bern, in said county and State on the 12th day of June, 18G0 ; that he left a widow named B. B. {or no widow but one child, or left two children whose names are C. B. and Gr. B.) (If the certificate of the pen- sion has been lost insert here, in addition : And that his pension certificate has been lost, and after due search and inquiry cannot be found.) In testimony whereof, I have hereunto set my hand and afi&xed my official seal at Albany, this 26th day of June, 1860. [l. s.| ■ R. R., Clerk. ISO. IX. NAVY PENSION CLAIM. State of New York, County of Albany, ss. Be it known, that before me, a Justice of the Peace (or other officer, as the case may be), in and for the county aforesaid, personally appeared A. B., a navy (or privateer), pensioner, and made oath in due form of law, that he is the identical person named in an orio-inal certificate of pension, bearing date at the Navy Department, on the . . r. day of •. . . , and signed by , Secretary of the Navy ; which certificate he exhibited to me, and by which it appears that he is entitled to a pension of $ per month. ^ Sworn and subscribed, this 26th day ) of June, 1860, before me, J Gr. H., Justice of the Peace. ISO. 13. W11M)W NAVY TENSION CLAIM. State of New York, Comity of Albany, ss. Be it known, that before me, a a Justice of the Peace (or other officer, as the case maybe), in and for the county aforesaid, personally appeared M. B., widow of A. B., and made oath in due form of law, that she is the identical person named in an orignial certificate of pension, bearing date at the Navy Department, on the day of ., and sio-ned by , Secretary of the Navy ; which certificate she exhi- 440 THE CLERK'S ASSISTANT. bited to me, and by which it appears that she is entitled to a pension of $. . . per month, and that she has not intermarried, but continues the widow of the abovementioned A. B. M. B. Sworn and subscribed this 2Gth day ) of June, 1860j before me, ) G. H., Justice of the Peace. ISO. 13. GUARDIAN CLAIM FOR NAVY PENSION. State of New York, County of Albany, ss. Be it known, that before me, a Justice of the Peace (or other officer, as the case may be) in and for the county aforesaid, personally appeared , guardian of , orphan child of (name of the deceased father), and made oath, in due form of law, that he is the guardian named in the accompanying certificate of guardianship ; that his said wards are the children of , referred to in an original certificate of pension, bearing date at the Navy Department, on the day of , and signed by , Secretary of the Navy ; by which it appears he (she or they, as the case may be) is {or are) entitled to a pension of $ per month, and that said child is (or are, as the case may be) still living, and not over sixteen years of age. L. M., Guardian. Sworn and subscribed, this .... day ) of , 18.., before me, ) G. H., Justice of the Peace. APPLICATION FOR AN INVALID PENSION, WITH PROOF OF IDENTITY. State of , County of , ss. On this .... day of , A. D., 18. ., personally appeared before me, a Justice of the Supreme Court (or other County Judge), a court of record within and for tlie county and State aforesaid, , aged . . . years, a resident of , in the State of , who, being duly sworn according to law, declares that he is the identical , who enlisted in the service of the IJnite^ States as a .... in a company commanded by , in the war witli Great Britain, declared by the United States on the 18th of June, 1812 (if any other war, describe what war), and was honorably discharged on tlie day of . . . ., in the year . . . . ; that, while in the service, and in the line of his duty, he received the following wound (or other disability, as the case may be) : (Here give a particular and minute account of the wound or other injury, and state how, when and where it occurred, where the applicant has resided since leaving tlie service, and what has been his occupation.) He makes this declaration for the purpose of being placed on the Invalid Pension Roll of the United States. (Signature of claimant.) Also, on the same day, personally appeared B. B. and C. C, residents of said county of persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw said '. sign his name (or make his mark) to the foregoing declaration • and they further swear, that they have every reason to believe, from the appearance of the applicant, and their acquaintance with him, that he is the identical person he represents himself to be, and who served as stated in his PENSIONS. 441 declaration : tliat his habits, since he left the service, have been good, and his occupation tliat of : and that they have no interest in the prose- cution of this claim. B. B. C. C. Sv?orn to and subscribed before me, this day of ; and 1 hereby certify, that I have no interest, direct or indirect, in the prosecution of this claim. Witness my signature, and the seal of said court, at , the day and year aforesaid. M. M., Judge, [l. s.] OVo. 15. surgeons' certificate. state of , County of , June 27th, 18G0. It is hereby certified, that A. B., a private in the company of Captain A. C, in tlie tliird regiment of the United States Army, is rendered incapable of peifbrming the duty of a soldier, by reason of wounds or other injuries, inflicted while he was actually in the service aforesaid, and in the line of his duty, viz.: By satisfactory evidence and accurate examination, it appeals that on the 1st day of January, in the year 1860, being engaged in a contest with the Camanche Indians, at or near a place called Brent's Fort, in the district or territory of Nebraska, he received a rifle ball in his right leg, just above the knee (describe the wound or disability particularly, and how it affects the applicant), and he is thereby, not only incapacitated for military duty, but, in the opinion of the undersigned, is one-half (or one-third, or totally) disabled from obtaining his subsistence from manual labor. S. C, Surgeon. C. S., Surgeon. Sworn to and subscribed before me, this day of , A. D., 18. . ; and I hereby certify, that I know said S. C. and C. S., to be surgeons in actual practice, reputable m their profession : and that I have no interest, direct or indirect, in the prosecution of this claim. Witness my hand (and seal), the day and year aforesaid. C. D., Judge. (In those districts where the department has appointed an Examining Sur- geon, the foregoing certificate will not be received, but the applicant must be examined by such Examining Surgeon.) JV o . X 6 . CERTIFICATE OF CLERK OF COUNTY (OR, THE COURTS), AS TO OFFICER. State of , County of , ss : I, M. M., Clerk of said county, and Clerk of Court, within and for said county, do certify tliat M. M. Esq., before whom the foregoing affidavit {or acknowledgment was made, was, at the time of making the same, and still is, a , within (and for) said county, duly commissioned and sworn, and that^the signature, pur- porting to be his, to said , is his genuine signature. In testimony whereof, I hereunto set my hand, and affix the seal of our said court, at , this day of , 18. .. M. M., Clerk, [i,. s.l 56 • CHAPTER XXXin. PLANK ROADS. Any number of persons, not less than five, may be formed into a corporation, for the purpose of constructing and owning a plank road or a turnpike road, by complying with the following re- quirements: Notice shall be given in at least one newspaper," printed in each county through which said road is intended to be constructed, of the time and place or places where books for sub- scribing to the stock of such road will be opened ; and when stock to the amount of at least five hundred dollars for every mile of the road so intended to be built, shall be in good faith subscribed, then the said subscribers may, upon due and proper notice, elect directors for said company ; and thereupon, they shall severally subscribe articles of association, in which shall be set forth the name of the company, the number of years that the sanie is to continue, which shall not exceed thirty years from the date of said articles, whether it is a plank road or a turnpike, which the company is formed to construct ; the amount of the capital stock of the company ; the number of shares of which the said stock shall consist ; the nwmber of directors, and their names, who shall manage the concerns of the company for the first year, and shall hold their offices until others are elected ; the place from and to which the proposed road is to be constructed ; and each town, city and village into or through which it is intended to pass, and its length as near as may be. Each subscriber to such articles of association, shall subscribe thereto his name and place of residence, and the number of shares of stock taken by him in said company. The said articles of association, may, on compl3ang with the provisions of the next section, be filed in the PLANK ROADS. 443 office of the Secretary of the State, and thereupon, the persons who have so subscribed, and all persons who shall from time to time become stockholders in such company, shall be a body cor- porate, by the name specified in such articles, and shall possess the powers and privileges, and be subject to the provisions con- tained in titles three and four, chapter eighteen, of the first part of the Eevised Statutes. The articles of association are not to be filed until after five per cent of the stock has been paid in, which fact shall be shown by an affidavit of three of the directors. Such company when desi- rous of constructing a plank or turnpike road through any part of a county, must for that purpose apply to the Board of Super- visors, stating in their application the proposed route. Public notice of such application, by publishing such notice once in each fveek for six successive weeks in all, or at least in three of the lewspapers printed in such county. If a special meeting of the Board of Supervisors is desired, three members of such Board may call such special meeting. All persons residing or owning property in any of the towns through which the road is to pass may- appear and be heard before the Board of Supervisors. If the Board of Supervisors authorize the construction of the road, they shall appoint three persons as Commissioners to lay out the same. When the road has been located it shall be accurately surveyed, and the com- pany shall acquire title to the same, by purchase from the owner, on taking' the necessary legal steps to acquire such title. If for any reason they are unable by purchase to obtain a good title to the land they wish to acquire, they may obtain title by jury, presenting a petition, verified by the oaths of at least two of the directors, to the County Judge of the county, where the lands are located, setting forth all the facts in the case. And the Judge shall appoint a time (fourteen days' notice of which shall be given to all the owners of the land to be taken) for drawing from the grand jury box twenty -four competent and disinterested persons to form a jury to assess the value of the land. If any of the owners are married women, infants, idiots, insane or non-resi- dent, the Judge shall appoint some competent person to take care of their interests in the matter. From those persons so drawn a sufficient number shall be summoned, on a notice of at least four 444 THE CLERK'S ASSISTANT. days, to form a jury to ascertain the compensation and damages. The County Judge must attend the hearing, to administer oaths* take minutes of the testimony, and admissions of the pai-ties, and advise the jury as to the law applicable to the case, and to return the verdicts to the County Clerk's office. Any party interested in any such verdict may, within twenty days after notice of the rendition thereof, apply to the Supreme Court for a new trial. If a new trial is granted the jury is to be drawn, and the proceedings are to be taken in the same manner as before. Within forty days after the rendition of any such verdict, if a new trial shall not be applied for, the company shall pay or tender to the owner the amount of the verdict, and may then enter upon and take possession of the land for road pur- poses. If the person entitled to receive compensation cannot be found, then on proof of such facts, the County Judge may order such sum to be deposited with the County Treasurer. In each county of this State, in which there shall be any plank road, or turnpike road, constructed by virtue of this act, there shall be three inspectors of such roads, who shall not be inte- rested in any plank or turnpike road in such county. They shall be appointed by the Board of Supervisors of the county, and shall hold their of3fices during the pleasure of said board. Whenever any company shall have completed five miles of road ; any two of the inspectors may inspect the road, and if they certify that such road is constructed in accordance with the true intent and meaning of the act; on filing such certificate in the office of the County Clerk, the company may erect a toll gate and receive toll. The following persons are exempt from paying toll as herein designated : 1. Persons going to or from religious meetings, held at the place where such persons usually attend for religious worship, in the town where they reside, or an adjoining town, or within eight miles of their residence. 2. Persons going to or from any funeral, and a-ll funeral pro- cessions. 3. Troops in the actual service of this State, or of the United States, and persons going to or from a militia training, whicli by law they are required to attend. PLANK ROADS. 445 4. Persons going to any town meeting or general election at whicli they are entitled to vote, for the purpose of voting or re" turning therefrom. 5. Persons living within one mile of any gate by the most usually traveled road, shall be permitted to pass the same at one half the usual rates of toll, when not engaged in the transporta- tion of other persons, or the property of other persons. 6. Farmers living on their farms within one mile of any gate by the most usually traveled road, shall be permitted to pass the same free of toll, when going to or from their work on said farms. Any person falsely representing him or herself to any toll gatherer as being entitled to any of the foregoing exemptions shall forfeit to the company $10 which may be recovered by suit in a Justices' Court. The affairs of the company are to be conducted by a board of directors consisting of not less than five nor more than nine. They shall be elected by ballot, each stockholder is entitled to as many votes as he owns shares of stock ; and the persons having the greatest number of votes shall be directors. And they are to report annually to the Secretary of State. The stockholders are liable in their individual capacity for the payments of the debts of such company, for an amount equal to. the amount of the stock they have severally subscribed or held in said company, to be recovered of the stockholder who is such when the debt is contracted. FORMS. No. X, NOTICE THAT THE BOOKS ARE OPEN FOR SUBSCRIPTION. Take notice, that books for subscribing to the capital stock for the Agawam Plank Road (or turnpike), to be constructed from the corner of Lark and Lydius streets, in the city of Albany, to Bernville, in the county of Albany, on as direct a line as practicable, will be opened at the town house in the town of Bern, on the 1st day of March, 1860, at 9 o'clock, a. m., and continue open till 3 p. M., on that and each succeeding day for ten days. L. L. M. M. Dated February 6, 1860. 2Vo. 3. BOOK OF SUBSCRIPTIONS. For the purpose of forming a corporation under the Plank Road act, passed May 7, 1847, and the several acts amendatory thereof, with a capital of $ divided into . . .shares of $100 each, we, the subscribers, seve- rally mutually agree to take and pay for the shares of stock by us set oppo- site our names, to the directors of the company hereafter to be formed, in accordance with the provisions of said acts, in such sums and at such times and places as such directors may order for the purpose of constructing a plank- road from the corner of Lark and Lydius streets, in the city of Albany, to Bernville, in the county of Albany. NAMES. RESIDENCE. NUMBER UB- SHARES. No. 3. NOTICE OF THE ELECTION OF THE FIRST DIRECTORS. Notice is hereby given, that the subscribers to the stock of the Agawam Plank Road will meet at Bernville on the 2d day of April, 1860, at 10 a. m., to elect directors of said company. L. L. M. M. Bern, March 20, 1860. PLANK ROADS. 447 ISO. 4. ARTICLES OF ASSOCIATION. Articles of association entered into this 2d day of April, 1860, by and be- tween the undersigned subscribers, witnesseth : Art. 1. That the undersigned hereby form themselves into a corporation for the purpose of constructing, owning and keeping in repair a plank road, from the corner of Lark and Lydius streets, in the city of Albany, to Bernville, wholly within the county of Albany, to be called and known as the Agawam Plank Eoad Company, and is to continue for the period of thirty years from the date hereof. Art. 2. The amount of capital stock of said company shall be $ , and shall consist of. . . .shares, of $100 each. Art. 3. The affairs of the said company shall be managed by a board of seven directors ; the first directors, until others are legally chosen, shall be, A. B., C. D., E. F., a. H., I. J., K. L. and M. N. Art. 4. The said road is to be constructed from the corner of Lark and Lydius streets, in the city of Albany, to Bernville, in said county, in as straight a line as is practicable, as near as can be, 24 miles in length. Art. 5. The bona fide stockholders owning a majority of the capital stock of said association, may, at any legally notified meeting of the members thereof pass, alter or amend such by-laws as are necessary for the regulation and management of the concerns of the corporation. Art. 6. The directors shall issue scrip to those entitled to stock in said com- pany, when 5 per cent on the amount of such stock shall have been paid in thereon ; the scrip to be signed by the President, and countersigned by the Secretary ; and they shall indorse upon the scrip held by any stockholder, every sum received by such Treasurer thereon, and the time when so received. Dated Bern, April 2, 18G0 NAMES OF SUBSCRIBERS. PLACE OF RESIDENCE. NUMBER OF SHARES. A. B. Bern, Albany county. shares. Wo. 5. SCRIP CERTIFICATE. The Agawam Plank Road Company, No. 10. This certifies, that A. B., of the town of Bern, county of Albany, State of New York, is entitled to five shares of the capital stock of the Agawam Plank Road Company, such share being $100, upon each of which shares there has been paid the sum of 10 per cent, subject to such future payment as may be required from time to time by the directors in accordance with the conditions of the articles of incorporation ; the stock is transferable on the books of the corporation only, and by the stockholder in person, or his attorney, and on surrender of this certificate. In witness whereof, the President and Secretary have set their hands here- unto at Albany, April 20, 1860. I: A., President. M. X., Secretary. 44S THE CLERK'S ASSISTANT ivo. e. AFFIDAVIT OF DIRECTORS AS TO SUBSCRIPTION. Albany County, ss. A. B., C. D., and E. F., being duly sworn, do seve?*- ally say that they are the directors of tiie Agawam Plank Road Company, and that the amount of capital stock required by the first section of the "Plank Road Act," passed May 7, 1847, being at least $500 for every mile of the road intended to be built by said company, has been subscribed in good faith, and that at least 5 per cent on such amount hfis been paid in cash to the directors of said company for the purposes specified in said act. Severally subscribed and sworn, &c. A. B. C. D. E. F. APPLICATION TO SUPERVISORS TO LAY OUT ROAD. To the Hon, the Supervisors of Albany County : The directors of the Agawam Plank Road Company apply to the Board ol Supervisors of Albany county, for authority to lay out and construct a plank road from the corner of Lydius and Lark streets in the city of Albany, to Bernville, in a direct line as near as may be, a distance of about twenty-four miles, having a single track of about eight feet in width, and to take the real estat*? necessary for such purpose; and that three {or one or two) Commis- sioners may be appointed to lay out said road. A. B., President C. D., Secretary. Dated April 5th, 1860. Wo. ^. NOTICE OF APPLICATION TO BE PUBLISHED. Take notice that on the 28th day of May, 1860, at 10 o'clock, a. m., an application, of which the following is a copy, will be presented to the Board of Supervisors at their room in the City Hall in the city of Albany. A. B., President of A. P. R. Co. AprU 5, 1860. NOTICE BY THREE SUPERVISORS OF SPECIAL MEETING OF THE BOARD. There will be a meeting of the Board of Supervisors of the county of Albany, at their room in the City Hall in the city of Albany, on the 28th day of May, 1860, at 10 o'clock in the forenoon, to hear an application of the Agawam Plank Road Company, for authority, to lay out and construct a plank road from the corner of Lark and Lydius streets in the city of Albany, to Bernville in said county, and to take such action as the Board of Supervisors may deem advisable in regard thereto. Witness the hands of the subscribers, three of the Supervisors of the county of Albany, April 5, 1860. A. B., C. D., E. F., Stipervisors. PLANK ROADS. 449 IS"o. XO. PROOF OF SERVICE OF NOTICE OF CALL OF A MEETING OF THE SUPERVISORS. Albany County^ ss. B. B., being dul}^ sworn says, that on the 6th day of April, I860, at the town of Knox, he served the within notice upon G. H., supervisor of the town of Knox, by dehvering a copy of the same to the said B. B., [)ersonally {or by leaving the same at the residence of the said Gr. H,, he at the time of such service being absent from home). B. B. Sworn, &c. JSTo. il. OATH OF THE COMMISSIONER. County of Albany, ss. I do solemnly swear {or affirm) that I will support the Constitution of the United States, and the Constitution of the State of New York ; and I will faitlifully discharge the duties of a commissioner to lay out a plank road for the Agawam Plank Road Company, from the corner of Lark and Lydius streets in the city of Albany to Bernville in said county, to the best of my ability. L. C. Sworn, &c. Ifo. X3, PETITION TO COUNTY JUDGE. To the Hon. G-. W., Albany County Judge : The petition of the Agawam Plank Road Company respectfully showeth, that the route surveyed and established by the commissioners appointed to lay out said road, runs in part through the lands of M. M. inthe town of New Scotland, that the said company cannot agree with the said M. M., for the purchase of said lands (or that he is insane and has no committee appointed of his estate Or is an idiot, or an infant or she is a married wjoman) which lands desired to be taken are bounded and described as follows : (insert descrip- tion.) Your petitioners therefore pray that a jury may be drawn and sum- moned to ascertain the compensation and damages of the owner {or owners) of the lands above described. C. D., Secretary. A. B., President May 28, 1860. TSo. 13. AFFIDAVIT ANNEXED TO THE PETITION. Albany County, ss. A. B. and C. D., being duly sworn severally say, they are Directors of the Agawam Plank Road Company, and have read the fore- going petition, and know the contents thereof and the facts therein stated are true. Severally subscribed, &c. A. B. C. D. 57 450 THE CLERK'S ASSISTANT. JN"o. 14. PROOF THAT THE NAME OR RESIDENCE OF OWNER IS UNKNOWN. Albany County, sa. J. H. of the town of New Scotland being sworn says, that he has read the foregoing (or within) petition and knows the land therein described and that he owns and hves on the farm next adjoining said lands, that M. M. the owner of the said land has departed said town and gone to California, or to some place unbeknown to this deponent, nor does this depo nent know where the said M. M. at present resides, nor can he ascertain although he has made diligent inquiry for the said M. M. J. H. Sworn, &C. Ifo. XfS. ORDER FOR A JURY TO BE DRAWN. At Chambers, May 29, i860. In the matter of the Aga- wam Plank Road. On readmg and filing the petition and accompanying papers of the Agawam Plank Road Company it is : Ordered that a jury be drawn in accordance with the provisions of the statute, at the Albany County Clerk's office, on the day of , 1860, at 2 o'clock, p. M., to ascertain the amount of damages and recompense to M. M., owner of land through which the said company intend to construct their plank road. Witness my hand, G. W., Albany County Judge, ISO. X6. NOTICE ON THE FOREGOING ORDIJR. Take notice, that in pursuance of an order, of which the foregoing is a copy, a jury will be drawn in accordance with the provisions of the statute, at the time and place set forth in said order. C. D., Sec. of A. P. R. Co. 3Vo. XT. ORDER APPOINTING GUARDIAN. In the matter of the Agawam J Plank Road, to acquire title > to real estate. S It appearing to me, M. M., who is the owner of certain real estate to whicli said company desire to acquire title for purpose of constructing their road is an infant {or a married woman, or an idiot, or insane, that no committee has been appointed of his person or estate), I do hereby appoint L. L., as guardian to take care of the interest of the said M. M., in the proceedings to ascertain his t-ompensation and damages. ^ G. W. Dated June 3d, 1860. Albany County Judgr PLANK ROADS. 451 PRECEPT TO SUMMON A JURY. To the Sheriff of the County of Albany : You are hereby commanded to summon N. N., &c., to appear at the City Hall in the City of Albany on the 10th day of June, 18G0, at 10 o'clock a. M., to form a jury for the purpose of determining and awarding the compen- sation and damages which are to be paid by the Agawam Plank Road Com- pany to M. M., for the laud to be taken by said company for their road. Witness my hand and seal this 20th day of May, 1860. G. W., [L. s.] Albany County Judge JSo. 11>. SUBPOENA FOR WITNESSES. Albany County, ss. To L. R., J. Gr. and M. 0., Greeting : You are hereby commanded to be and appear at the City HaU in the City of Albany on the 10th day of June, 186o' at 10 o'clock in the forenoon of that day, to testify and give evidence (before a jury then and there to be impanneled) in respect to the damages which may accrue to M. M. in consequence of a plank road being constructed on or through the lands of the said M. M. by the Agawan? Plank Road Company. And hereof, fail not at your peril. Given under my hand on the 20th day of May," 1860. G. W., Justice of the Peace, (or Albany County Judge.) No. 30. ORDER FIXING THE TIME AND PLACE OF MEETING OF THE JURY. In the matter of the application of the Agawam • Plank Road Company to acquire title to real estate. It is hereby ordered that the jury appointed to ascertain and assess the damages and compensation to be awarded to the owners of the lands intended to be taken by the Agawam Plank Road Company for the construction of their road, meet at the City Hall in the City of Albany on the 10th day of June, 1800, at 10 o'clock in the forenoon. G. W., Dated May 20th, 1860, Albany County Judge. ISO. 31. NOTICE TO OWNERS OF MEETING OF THE JURY, INDORSED ON COPY ORDER. Take notice of an order made by the Albany County Judge in the mattei of the Agawam Plank Road Company, of which the within is a copy. A. B., May 20th, 1860. President of the A. P. R. Company. To M. M., Esq. 452 THE CLERK'S ASSISTANT. K^o. as. VERDICT OF A JURY. The undersigned having been drawn, summoned, impanneled and sworn aa jurors to ascertain and determine the compensation and damages that ought to be paid to the owner for the land to be taken by the Agawam Plank Road Company for such road, and also the amount that ought to be paid to them for the time spent, and necessary expenses incurred by them in respect lo the proceedings, to ascertain and determine such compensation and damages, and having met at the time and place specified in the order of the County Judge affixing the time and place of meeting, and having heard all the proofs and allegations of the parties, and viewed the lands in question, and having atscer- tained and determined the amount of such compensation and damages , we therefore, hereby certify, that the said Agawam Plank Road Company ought to pay to M. M. for his land so taken the sum of $100, ^thich land so taken is described as follows (give description of the land taken), and the said com- pany ought to pay the said M. M., for his time spent and the necessary expen- ses incurred by him in respect to the proceedings the sum of $15, and the said company ought to pay L. P., &c. (as above in regard to all persons entitled to oompensation). R. R., J. G., &c., Dated June 10th, 1860. Jurors. Wo. 33. AGREEMENT WITH THE SUPERVISOR AND COMMISSIONER. Whereas it has been determined that the Agawam Plank Road shall take and use one mile of the highway in the town of New Scotland, being the road (insert description), for plank road purposes, it is hereby agreed by and between the Supervisor and Commissioner of Highways of said town of New Scotland, and the Agawam Plank Road Company that the said company shall pay to the said Commissioner for the said town the sum of $ as the com- pensation and damages for taking and using the said public highway for a plank road for said company. M. M., Supervisor. N. N., Commissioner. A. B., President of Agawam Flank Road Co. DEED OR RELEASE OF OWNER TO THE COMPANY OF LAND FOR THE USE OF A PLANK ROAD. This indenture, made this 3d day of July, I860, between H. H., of the town of New Scotland, of the first part, and the Agawam Plank Road Company of the second part, witnesseth that the said H. H., hereby sells, releases, and quit claims to the said Agawam Plank Road Company, the following described land (insert description), lor the uses and purposes of constructing thereon a plank road, and for no other purpose whatever. Witness my hand and seal the day and year first above written. H. H. [l. s.] {Add acknowledgment) PLANK ROADS. 453 No. 35. NOTtGE OF ELECTION OF DIRECTORS. The Agawain Plank Eoad Company : Take notice, tliat an election of seven directors of the above company, will be held at the office of said company (being the office of N. 0., in the town of Bern), on the 2d day of July, I860, at 12 o'clock noon. C. D., Secretary. June 2, 1860. No. 30. NOTICE TO PAY STOCK. The stockholders of the Agawam Plank Road Company, are required to pay to the treasurer of said company at their othce, on or before the 3d day of July, 1860, 20 per cent of the amount severally subscribed by them, under penalty of forfeiture of the stock and all previous payments thereon. By order of the Directors, C D.. Secretary. June 1, 1860. JVo. 3-7. ANNUAL REPORT OF DIRECTORS. To the Hon. the Secretary of the State of New York: The directors of the Agawam Plank Road Company, make the following report in accordance with the provision of the statute in such case made and provided : That the cost of the road of said company is $ . . . . That the amount of all money expended, is » That the amount of capital stock of said company, is That the amount of capital stock of said company paid in, is Tiiat the amount of money actually expended, is That the whole amount of tolls or earnings expended, is That the amount received during the year for tolls, is That the amount received during the year from all other purposes, to wit : (describe what) is That the amount of dividends made for the year by the com- pany, is That the amount set apart for a reparation fund, is That the amount of indebtedness of said company, Avhich indebt- edness was incurred for. the following purposes (state them in detail), is A. B., Dated Albany, July 3, 1860. * C. D., Directors. JSo. 38. AFFIDAVIT ATTACHED TO THE REPORT. State of New York, County of Albany, ss. A. B. and C. D., being sworn, do severally say that they are directors of the Agawam Plank Road Company, that they have read the foregoing report signed by them and that the facta therein stated are true. Severally subscribed and sworn, &c. A. B. C. D CHAPTER XXXIY. POOR LAWS. The statute provides that the father, mother and children wno are of sufficient ability, of any poor person who is blind, old, lame, impotent, or decrepit, so as to be unable by work to maintain himself, shall, at their own charge, relieve and maintain such poor person in such manner as shall be approved by the Over- seer of the Poor of the town where such poor person may be. If such relatives fail to relieve such person, then it becomes the duty of the Overseer of tiie Poor of the town to apply to the Court of Sessions for an order to compel such relief. And the court, after hearing and examining into the matter, may direct the relative or relatives, who shall perform that duty, in the following order: The father shall be first required to maintain such poor person ; if there be none of sufficient ability, then the children of such poor person ; and if no children of sufficient ability, then the mother. If it shall appear that any of the persons so required are able to maintain in part, but not wholly maintain, the court shall di- rect what proportion or how much each shall sustain. If any person so ordered to maintain, in whole or in part, such poor relative, neglect so to do, then such order may be enforced by a suit, and the property of the person so ordered to contribute to the support of a poor relative, may be taken and sold to enforce compliance with the order. Where there are no relatives able to contribute to such main- tenance, then every poor person who is blind, -lame, old, sick, impotent or decrepit, or in any other way disabled or enfeebled, so as to be unable by his work to maintain himself, shall be maintained by the county or town in which he may be. POOR LAWS. 455 In most ot tlie counties of this State, Superintendents of the Poor are elected bj the people. In some, one Superintendent, and in others three are elected. "Where there is but one Super- intendent, he is elected for three years ; where there are three Superintendents, one is elected each year, to hold his office for three years. It is the duty of the Superintendents, under the direction of the Board of Supervisors, to procure (where houses have not been erected for that purpose) tenements for maintaining the poor; to establish rules for the government of the same ; to employ suitable persons as keepers, officers and servants ; to purchase furniture and implements that may be necessary, from time to time ; to decide as to the settlement of any poor person ; to di- rect the Overseers of the Poor as to commencement of suits for enforcing the poor laws; to draw, from time to time, on the County Treasurer for all necessary expenses incurred in the dis- charge of their duties ; to render to the Board of Supervisors of their county an account of their proceedings, and of all moneys expended by them ; to pay over all moneys remaining in their hands within fifteen days after the expiration of their office, to the County Treasurer, or to their successors. They are also to provide for the education of all county and town paupers over the age of five and under the age of sixteen years that may be in the poor house. In counties, where a place is provided for the reception of the poor, it is the duty of the Overseers of the Poor of the town to inquire into the circumstances of those applying for assistance, and if such persons need only temporary relief, the Overseers have discretionary right to expend not exceeding ten dollars, for the relief of such person or family ; but if the applicant re- quires permanent relief, and can be safely removed, they must, by a written order, cause such applicant to be taken to the poor house, or other place provided for the maintenance of the poor. In counties where the towns support their own poor, the order should designate whether the pauper is chargeable to the county or not. The Superintendents of the Poor in each county are to make an annual report to the Board of Supervisors with an estimate of the amount of moneys to be raised for the support of the poor, 456 THE CLERK'S ASSISTANT. and the Supervisors are to cause tlie necessary sum to be raised in the same manner that other contingent expenses of the county are raised. The following persons are deemed vagrants, to wit-: All idle persons who, not having visible means to maintain themselves, live without employment; all persons wandering abroad and lodging in taverns, groceries, beer houses, out houses, market places, sheds or barns, or in the open air, and not giving a good account of themselves ; all persons abroad and begging, or who go about from door to door or place themselves in the streets, highways, passages or other public places to beg or receive alms. And it is the duty of every Constable or Peace Officer when- ever required by any person, to arrest such vagrants and take them before a magistrate, and such vagrant may be sent to the county poor house, or to the alms house, for any time not exceed- ing six months to be kept at hard work, or may be committed to the bridewell, or house of correction, or to the common jail. Children found begging for alms or soliciting charity from door to door, may be committed to the county poor house or alms house, there to be detained, kept, employed and instructed in such useful labor as such child shall be able to perform, until discharged therefrom, or bound out as an apprentice by the County Superintendents of the Poor, the Commissioners of the alms house or the Overseers of the Poor, A bastard is a child born out of lawful matrimony : or while the husband of its mother continued absent out of this State for one whole year previous to such birth, separate from its mother, and leaving her during that time, continuing and residing within this State : or during the separation of its mother from her hus- band, pursuant to a decree of any court of competent authority. The reputed father and the mother of every bastard shall be liable for its support. If any woman shall be delivered of a bas- tard child which shall be chargeable or likely to be chargeable to any county, city, or town : or shall be pregnant of a child likely to be born a bastard, and to become chargeable to any county, city or town, the Superintendents of the Poor, or the Assessors of the Poor, shall apply to some Justice of the Peace of the same county, and proceedings shall be taken to ascertain who is the reputed fiither of such child. The proceedings are to be prose- POOR LAWS. 457 cuted before two Justices of the Peace, and if thej determine who is the putative father, thej shall make an order of filiation, in which they shall specify the sum to be paid weekly, or other, wise by such putative father, for the support of such bastard, or of such child likely to be born a basiard, and they shall deter- mine the sum to be paid by such putative father for the suste- nance of the mother during her confinement and her recovery therefrom. The person adjudged the reputed father, shall imme- diately pay the costs of the proceedings, and shall enter into a bond to the people of the State, in such sum as the Justices shall direct, with good and sufiicient securities to be approved by them, that he will pay such sum for the support of the child and the sustenance of its mother as aforesaid, and that he will fully and amply indemnify the county, town or city, from any expense incurred or to be incurred for the support of such child, or its mother, during her confinement and recovery therefrom, or that such person will appear at the next Court of Sessions of the said county, and not depart the said court without its leave. If he refuse to give the bond or to pay the costs, he may be committed to the common jail of the county until he comply with the order or be discharged by the Court of Sessions. Superintendents of the Poor may compromise and make arrangements with the putative fathers, relative to the support of such children as they shall deem equitable and just; and the putative father may be discharged from the support of such children: in such cases the mother, on giving security for the support of such child, shall be entitled to receive the moneys paid or secured by such putative father as the consideration of such compromise. FORMS. 3Vo. 1. CONSTITUTIONAL OATH OF SUPERINTENDENT OF THE POOR. Albany County, ss. I do solemnly swear (or affirm), that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge' the duties of the office * of Super- intendent of the Poor of the said county of Albany, according to the best of my ability. A. B. Sworn and subscribed before me, this ) 30th day of November, 1860, f C. D., Judge of Albany County. No. a. CONSTITUTIONAL OATH OF OVERSEER OF THE POOR. {As in No. 1 to the * and then as follows :) Of Overseer of the Poor of the town of Bethlehem in the county of Al- bany, according to the best of my ability. A. B. Sworn, &c. Wo. 3. APPLICATION TO COMPEL A PERSON TO SUPPORT A POOR RELATIVE. To the Court of Sessions of the County of Albany : The application of the undersigned. Overseers of the Poor of the town of ., in said county, respectfully represents, that A. B. a poor person, who is blind (or old, lame, impotent, or decrepit), so as to be unable by work to maintain himself (or herself), is in the said town ; that C. D. who dwells in the said county, is the father of the said A. B. and has failed at his own charge to relieve and maintain the said A. B. in such manner as has been approved by the undersigned, Overseers of the Poor : Wherefore, pursuant to the pro- visions of the Revised Statutes of the State of New York, the undersigned hereby apply for an order to compel the said C. D. who is of sufficient ability to relieve and maintain the said A. B. in the manner to be in such order specified. Dated at the town of , this .... day of , 18 . . A. B., C. D., Overseers of the Poor ■ POOR LAWS. 459 3Vo. 4. NOTICE OF APPLICATION TO COURT INDORSED ON A COPY. To 0. D., of the town of Knox, in the county of Albany : Please to take notice, that on the 30th day of June, at 10 o'clock in the forenoon (or as soon thereafter as a hearing can be had), at the City Hall in the city of Albany, in said county, the undersigned. Overseers of the Poor of the town of Knox, will apply to the Court of General Sessions of the peace of the said county, for an order to compel the relief applied for by the appli- cation, which will at the time and place abovementioned be presented to the said court, and of which the annexed is a copy. Dated at Knox, this 2d day of June, 1860. A. H., C. D., Overseers of the Poor. 3Vo. 5. PROOF OF SERVICE OF THE FOREGOING. Vormty of Albany, ss. E. F., of the town of Knox, in said county, being duly sworn, says, that on the 3d day of June, he served a copy or duplicate of the annexed notice and application personally {or by leaving the same at his last place of dwelling with a person of mature age), on the therein named °- ''■ E. P. Sworn before me, this 4th ) day of June, 1860, ) M. IvL, Justice of the Peace. Hfo. 6. WARRANT TO SEIZE THE GOODS OF AN ABSCONDING FATHER, HUSBAND, OR MOTHEI^ County of Albany, ss. To the Overseers of the Poor of the town of Knox, in said county : It appearing to us, two of the Justices o/ the Peace of said county, as well by the application and representation to us made by the said overseers, as upon due proof of the facts before us made, that A. B., late of said town, has absconded from his wife and children, leaving said wife and children chargeable (or likely to become chargeable) to the public for support ; and that said A. B. has some estate, real or personal, in said county, whereby the public may be wholly or in part indemnified against said charge. We therefore authorize you, the said Overseers of the Poor, to take and seize the goods, chattels, effects, things in action, and the lands and tenements of said A. B., wherever the same may be found in said county : And you will imme- diately upon such seizure, make an inventory of the property by you taken, and return the same, together with your proceedings, to the next Court of Sessions of said county. Given under our hands, in the town of Knox, this 5th day of June, 1860. C. D., E. F., Justices. 460 THE CLERK'S ASSISTANT JVo. >7. REPORT TO COUNTY SESSIONS. County of Albany, ss. To the Court of Sessions of said county : The undersigned, to whom the annexed warrant is addressed, on the 5th day of June, 1860, in the county of Albany, therein mentioned, seized, by virtue of the said warrant, the property of which an inventory is hereunto annexed, and the proceedings of the undersigned, subsequent to the said seizure, are as fol- lows: (Here state particularly those proceedings.) AU which is herewitu respectfully returned. Dated at Knox, this 16th day of June, 1860, A. B., C. D., Overseers of the Poor. IVo. 8. BOND TO BE GIVEN TO OVERSEERS OF THE POOR. Know all men by these presents, that we, A. B. and C. D., both of the town of Knox, in the county of Albany, are held and firmly bound unto G. H. and J. K., Overseers of the Poor of the town of Knox, in the sum of $200, for the payment whereof to the said overseers, or their successors in office, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated at Knox, this 16th day of June, 1860. The condition of this obhgation is such, that whereas the said Overseers of the Poor have lately seized the property of the said A. B., under a warrant issued by E. F. and Gr. H., two Justices of the Peace of the county of Knox, upon due proof to them given that said A. B. had absconded from his wife and children, leaving them chargeable {or likely to become chargeable) upon the public for support ; and the said A. B. having returned, and being desirous of having his property so taken restored to him : Now therefore, if the said wife and children so abandoned shall not become chargeable either to said town or county, then this obligation is to be void ; otherwise of force. A. B. [l. s.] C. D. [l, S.J Sealed and delivered, and the security approved by and ) before us, two of the Justices of the town of Knox, J E. F., G. H., Justices. Wo. o. ORDER TO DISCHARGE THE WARRANT AND TO RESTORE PROPERTY. County of Albany, ss. To the Overseers of the Poor, of the town of Knox, m said county : Whereas, by a warrant to you directed, bearing date the 5th day of June, 1860, you were authorized to seize the goods, chattels, effects, things in action, and the lands and tenements of A. B., upon proof that he had absconded from his wife and children, leaving them chargeable to the public for support : And whereas the said A. B. has returned, and now sup- ports his wife and children so abandoned {or has given security to the Over- seers of the Poor, satisfactory to us, that the wife and children shall not POOR LAWS. 461 become chargeable either to said town or county), we do therefore hereby discharge the said warrant issued against the said A. B., and direct the pro- perty taken by virtue tliereof, to be restored to him. Witness our hands this 17th day of June, 1860. E. F., G. H., Justices. IS"o. lO. ■ ORDER BT THE SESSIONS. At a Com% of Sessions held in and for the county of Albany, at the City Hall in the city of Albany, July 6, 1860. Present — Hon. Gr. W., County Judge. M. P., N. 0., Justicei. In the matter of the applica- tion for the support of A. B., an indigent person On reading and filing the petition of the Overseers of the Poor of the town of Knox, and after hearing 0. M. of counsel for C. D., and after hearing the proofs and allegations of both of said parties : and it appearing to the said court, that A. B. is a poor person residing in the town of Knox, is blind (or lame and decrepit), so as to be unable to work, to maintain himself, and C. D., the son of the said A. B. is of sufficient ability to relieve and maintain the said A. B., but has neglected, and still neglects and refuses to maintain the said A. B., although requested so to do by the Overseers of said town of Knox. It is therefore hereby ordered that the said C. D. relieve and main- tain the said A. B. in such manner as shall be approved by the Overseers of tlie Poor of the said town of Knox, and for that purpose shall pay to the said Overseers the sum of $3 on Saturday of each week until the further order of the court, which said sum the said court adjudges necessary for the support of the said A. B. And it is further ordered, that the said C. D. pay to the said overseers the sum of $10, the costs and expenses of this application. r^o. XI. NOTICE FROM ONE TOWN TO ANOTHER (iN A COUNTY WHERE THE TOWNS ARE LIABLE TO SUPPORT THEIR OWN POOR), REQUIRING THE OVERSEERS OF THE TOWN IN WHICH THE PAUPER HAS A RESIDENCE, TO PROVIDE FOR HIS SUP- PORT. County of Albany^ ss. To the Overseers of the Poor of the town of Bern, in said county : You are hereby notified, that A. B., a pauper, who has gained a settlement in your town, to which he belongs, is in the town of Knox, in said covmty, and is supported at the expense of the said town of Knox, for which the undersigned are Overseers. You are therefore required to provide for the relief and support of the said pauper. Given under our hands, at Knox, this 1st day of June, 18G0. A. B., C. D., Overseers of the Poor of the Town of Kiiox, 462 THE CLERK'S ASSISTANT. Ifo. 13. NOTICE CONTESTING ALLEGED SETTLEMENT. County of , ss. To the Overseers of the Poor of the town of Knox, in said county : Please to take notice, that the undersigned, Overseers of the Poor of the town of Bern, in said county, will appear belore the Superintendents of the Poor of the said county, at the poor house (or other place as may be desig- nated), on the day of , at 10 o'clock in the forenoon, to contest the alleged settlement of A. B., a pauper, as set forth in your notice of the instant. Dated at , this day of , 18.. E. F., G. H., Overseers of the Poor of the Town of Bern. 2Vo, 13. SUMMONS OF SUPERINTENDENTS TO A WITNESS TO APPEAR AND TESTIFY. County of , ss. The People of the State of New York to C. D. : Tou are hereby required personally to appear before the undersigned, Superintend- ents of the Poor of the said county, at the poor house (or such place as is designated m the notice), on the. . . .day of . . . , 18. ., at 10 o'clock in the forenoon, to testify on behalf of the Overseers of the Poor of the town of . . . ., in said county, concerning the alleged settlement of A. B., a pauper. Dated at , this day of. . . ., 18. . A. B., C. D., E. F., • Superintendents of the Poor. DVo. 14. superintendents' decision as to SETTLEMENT OF A PAUPER, County of Albany, ss. The undersigned, Superintendents of the Poor ot said county, having convened, as required by the Overseers of the Poor of the town of in said county, pursuant to their notice, proceeded to hear and determine a controversy which had arisen between the said Overseers and the Overseers of the town of , in said county, concerning the settlement of A. ;^a pauper; and upon such hearing of the facts, the undersigned hereby deciae that the legal settlement of the said A. B., as such pauper, is {or is not) in the said town of And the undersigned hereby award to the Overseers of the Poor of the town of , the prevailing party, the sum of $ , costs of said proceeding, by them expended. Given under our hands and seals, at .... , this .... day of. ... , 18 . . A. B., C. D., E. F., Superintendents of the Poor. POOR LAWS. . 463 IVo. IS. SCPERINTENDENTS' NOTICE THAT PAUPER WILL BE SUPPORTED AT THE EXPENSE OF A TOWN, IN A COUNTY WHERE THE TOWN SUPPORT THEIR OWN POOR. County of Albany, ss. To the Overseers of the Poor of the town of Bern, in said county: A. B., a pauper, having been sent to the poor house as a county pauper, and the undersijmed, Superintendents of the Poor of said county, having inquired into the fact, and being of opinion that the said pau- per has a legal settlement in the town of Bern, in said county, pursuant to the provisions of the Revised Statutes of New York, you are hereby notified, that the expenses of the support of said pauper will be charged to the town of Bern, unless you, the Overseers of said town, within (here insert such time, not less than twenty days, as the Superintendent shall appoint), after the ser- vice of this notice, show that the said town of . . . . ought not to be so charged Dated at , this day of . . ., 18. A. B., C. D., E. R, Superintendents. IS o. 16. DECISION OF SUPERINTENDENTS AFTER RE-EXAMINING SETTLEMENT OF PAUPER OH APPLICATION OF OVERSEERS. County of , ss. The undersigned, Superintendents of the Poor of the said county, having, on application of the Overseers of the Poor of the town of , on whom the notice of which the annexed is a copy was served, re- examined the subject matter of the said notice, and taken testimony in rela- tion thereto, do hereby decide, that the pauper A. B., therein mentioned, has a legal settlement in the said town of , to which as such pauper he belongs (or has not a legal settlement in said town of ). Given under our hands, at , tliis. . . .day of . . ., 18. . A. B., C. D., E. F., Superintendents of the Poor. 3Vo. IT. CERTIFICATE OF A SUPERINTENDENT THAT A PERSON IS A COUNTY PAUPER ON APPLICATION OF OVERSEERS OF A TOWN. County of , ss. The Overseers of the Poor of the town of , having given notice to the undersigned, that A. B., a poor person, being in said town, should be supported as a county pauper, and having inquired into the circum- stances, and being satisfied that the said pauper has not gained a legal settle- ment in any town in the said county, this certificate of tliat fact is hereby given; and" that the said A. B. is chargeable to the said county. Dated at , this day of , 18 . . . A. B., Superintendent. 464 THE CLERK'S ASSISTANT. aVo. 18. NOTICE AS TO LEGAL SETTLEMENT OF A PAUPER. Countij of , ss. To the Overseers of the town of , in said county : Yon are hereby notified, that on the .... day of , at 10 o'clock in the fore- noon of that day, the Board of Superintendents of the Poor of said county will proceed to a hearing of the allegations and proofs which may then be presented in relation to the legal settlement of A. B., in the town of And after such hearing, will affirm or annul the certificate given on the day of . . . , 18. ., declaring that the said A. B., was chargeable upon the said county. Dated at , this day of ,18... A. B., C. D., &c., Superintendents of the Poor. DXo. 19. DECISION OF THE BOARD OF COUNTY SUPERINTENDENTS ANNULLING THE CER- TIFICATE. County of. . . ., ss. C. D., one of the Superintendents of the Poor of the said county, having reported to the Board of County Superintendents of the Poor for said county the case mentioned in the certificate, a duplicate or copy whereof is hereunto annexed, the said Board, after due notice given to the Overseers of the Poor of the town of . . . . , in said county, and after hearing the allegations and proofs in the premises, do hereby annul the said certificate so given, and do decide that the legal settlement of A B. is in the town of , in said county. Dated at , this .... day of. ... , 18 , . . A. B., C. D., &c., Superintendents of the Poor. "No. SO. DECISION BY THE BOARD OF COUNTY SUPERINTENDENTS AS TO THE REFUSAL OF A SUPERINTENDENT TO GIVE THE CERTIFICATE. County of , SS. Notice having been given by the Overseers of the Poor of the town of. ... , in said county, to C. D., one of the Superintendents of the Poor of the said county, that A. B., a poor person, being in said town, should be supported as a county pauper, and the said Superintendent having refused (or neglected) to give the certificate prescribed by § 59 [sec. 36], title 1, chapter 20, part 1, of the Revised Statutes of the State of New York, and the undersigned, constituting the Board of County Superintendents of the Poor for said county, having, on apphcation of the said Overseers, summarily heard the matter, hereby determine and decide, that the said pauper hath not gained a legal settlement in any town of the said county, and should be supported as a county pauper (or hath gained a legal settlement in the town of. ..., in said county (as the case may be). And the Superintendents hereby award to POOR LAWS. 465 the Overseers of the town of. . . ., the sum of (here insert a sum not exceed- ing $10), costs of said proceeding by them in this behalf expended. Certified under our hands, at. . . ., this. . . .day of. . . ., 18. .. A. B., C. D., &c., Superintendents of the Poor. i>ro. 31. ORDER OF THE OVERSEERS OF A TOWN TO REMOVE A POOR PERSON TO THE COUNTY POOR HOUSE. County of , ss. A. B., having applied for rehef to the Overseers o\ tne Poor of the town of , who having inquired into the state and cir- cumstances of tlie applicant, and it appearing that he {or she) is in such indi- gent circumstances as to require permanent relief and support, and can be safely removed, the undersigned. Overseers, hereby order the said A. B. to be removed to the county poor house to be reheved and provided for as the ne- cessities of such applicant may require, at the expense of the said county (or town according to the fact, if in a county where the towns are required to support their own poor). Given under our hands, at ,»this day of , 18. . A. B., C. D., Overseers of the Pooi TSo. 33. THE CERTIFICATE OF THE KEEPER OF THE POOR HOUSE, FOR THE EXPENSE OF REMOVING A PAUPER. $2 Treasurer of Madison County. Pay J. D., two dollars, for transporting R. R. from. , being miles, to Madison County Poor House. Eaton, May 24th, 1832. No. 30. $2 Treasurer of Madison County. This certifies, that J. D., is entitled to two dollars, at the rate prescribed by the Superin- tendents, for transporting R. R. from the town of to Madison County Poor House, being . . . miles. Eaton, May 24th, 1832. Countersigned, No. 30. A. B., Keeper. C. D., E. R, Superintenden ts. superintendents ISo. 33. order to pay expenses incurred by overseers previous TO THE removal OF A PAUPER. To the Tieasurer of the County of : Pay to the Overseers of the Poor of the town of. .' , in said county, $...., a sum which was necessarily paid out or contracted to be paid for the o9 4G6 THE CLERK'S ASSISTANT. relief or support of A. B., a pauper, previous to his removal to the county poorhouse, and which sum the undersigned, Superintendents of the Poor of the said county, judged was reasonably expended by the said Overseers, be- fore the said pauper could properly be removed ; and charge the same to the couuty {or if a town pauper, to the town of , in said county). Given under our hands, at , this .... day of , 18 . . A. B., C. D., Superintendents of the Poor. JSo. »4=. justices' order for a pauper who requires temporary relief. The Overseers of the Poor of the town of , haying applied to the undersigned, a Justice of the Peace of the said town, relative to A. B., a per- son applying to them for relief, and having examined into the facts and cir- cumstances, and it appearing that the said A. B., so applying, requires only temporary relief {or is sick, lame, or otherwise disabled, so that he or she can- not be conveniently removed to the county poor house), the undersigned hereby orders the said Overseers to apply $ per week for the relief of the said A. B., until they have .expended the sum of $10, or such sum less than that amount as may be found sufficient for the temporary relief of the said poor person A. B. Given in said town, the . . .day of , 18. . C. D., Justice. yno. 35. superintendent's certificate for a weekly allowance. County of , ss. The undersigned, one of the Superintendents of tlie Poor of the county of , having "been applied to by the Overseers of the town of , in said county, to give his sanction for the expenditure of a greater sum than $10 for the relief of A. B., as authorized ty the Justice's order hereunto annexed, and having inquired into the facts of the case, and being satisfied that the said A, B. cannot properly be removed to the county poor house, and that he is in need of further relief, hereby gives his sanction to the continuance of the weekly allowance specified in said order, until the expenditure amounts to $ over and above the sum of $10, authorized by the Justice's order given in this case, and to be charged to the county {or town), as specified in said order. Given under my hand, at , this day of . . ., 18. . A. B., Superintendent of the Poor. notice of overseers of a town to a superintendent that pauper has no legal settlement. To a Superintendent of the Poor of the county of. ... : You are hereby notified, that on the application of A. B., a poor person, for relief, the undersigned. Overseers of the Poor of the town of , in said county, with the assistance of C. D., a Justice of the Peace of said town POOR LAWS. 467 inquired into the facts and circumstances of the case, and found that the said pauper had no legal settlement in any* town in said county : And until the County Superintendents take charge of said pauper, the Overseers will pro- vide for his support, and an account for the expense thereof, from the time of the service of this notice, will be presented as a charge against said county. Given under our hands, at. . . ., this day of , 18. . E. F., G. H., Overseers of the Poor, PROOF OF SERVICE OF THE FOREGOING NOTICE. County of. . . ,, ss. E. F., one of the Overseers of the Poor of the town of , being sworn, says, that a notice, of which the annexed is a copy, was by him served on J. K., one of the Superintendents of the Poor of said connty, on the day of , 18 . . E. F. Sworn before me this . . . . ) day of , 18. . \ aVo. 38. NOTICE OF THE IMPROPER REMOVAL OF A PAUPER FROM ANOTHER COPNTT. County of , ss. To the Superintendents of the Poor of the county of. . . .: You are hereby notified, that A. B., a poor and indigent person, hath been improperly sent {or caixied, transported, brought or removed, or enticed to remove) from the said county of. . . ., to the county of. . . ., without legal authority, and there left, with intent to make the said county of. . . ., to which the said removal was made, chargeable with the support of the said pauper. You are, therefore, pursuant to the provisions of § 82 [sec. 59], title 1, chapter 20, part 1, of the Revised Statutes of the State of New York, required forth- with to take charge of such pauper. Given at. . . ., in said county of. ..., the. .. .day of. . . .18. .. A. B., C. D., &c., Superintendents of the Poor of County. ISO, SO. DENIAL OF FACTS IN FOREGOING NOTICE. County of . . ., ss. To the Superintendents of the Poor of the county of . . . .: You are hereby notified, that the undersigned, Superintendents of the Poor of the county of. . . ., deny the allegation contained in your notice, cf the supposed improper removal of A. B., as mentioned in your notice to the undersigned, in the manner and with the intent in the said notice alleged. Given under our hands at. . . ., this. . . .day of . . . ., 18. .. A. B.. C. D., &c., Superintendents of the Poor of the County of f! 4(58 THE CLERK'S ASSISTANT. IS^o. 30. ANNUAL REPOKT OF THE SDPEEmTENDENTS OF THE POOR OF THE COUNTY OF , TO THE SECRETARY OF STATE. The Superintendents of the Poor of the countj' of , in pursuance of the provisions of the Revised Statutes for '• the rehef and support of indigent per- ^ sons," present to the Secretary of State their annual report, as follows: | The number of paupers relieved or supported during the year pre- ^ ceding the 1st of December, instant, was, J Of the persons thus reUeved, the number of county paupers was, j The number of town paupers was, J The whole expense of such support was, $ Of this sum, there was paid for transportation of paupers, Allowance made to Superintendents for their services, : do. do. Overseers, do. do ^ do. do. Justices, do. do do. do. Keepers and Of&cers, ^^- . do. do. Physicians, for services and medicines, [In the foregomg will be embraced, as well the expenses at the poor house, as those reported by the Supervisors of the several towns as the expenses by the Overseers of the Poor. The items embraced in that part of the report which follows, have particular relation to the poor house, and the expenses by those sent to and supported there.] The actual value of the labor of the paupers maintained was, $ . . . The estimated amount saved in the expense of their support in conse- .... quence of their labor, The sum actually expended, over and above the labor and earnings of the paupers, divided by the average number kept during the year, gives dol- lars and cents per year, or cents per week, as the actual expense of keeping each person. The county poor house has acres of land attached to it, and the whole ekablishment is valued at, _• • $ The number of persons in the poor house on the 1st December, m- stant, was, Of this number, there were of females, do. do. do. of males, Of the females, there were of 16 years of age and under, Of the males of the same age, Of the persons reheved or supported during the year, there were . eigners ; lunatics ; idiots ; and mutes ; of the mutes, were between the ages of 10 and 25 years. The number of paupers received into the poor house dunng the year, was Born in the poor house, Died during the year, Bound out, Discharged, Absconded, The children in the poor house over 5 and under 16 years of age, have been instructed months, bv a teacher at the poor house {or sent to the district school), and the whole number of children taught during the year was .... [This number is to embrace the names of all the children who have been taught, more or less, in the course of the year.] Given under our hands at , this. . . .day of December, 18. . Superintendents of the Poor for- POOR LAWS. 4G9 IVo. 31. SPPEKVISORS REPORT FOR A TOWN WHERE ALL THE POOR ARE NOT A COUNTY CHARGE, MADE TO THE CLERK OF THE BOARD OF SUPERVISORS. The Supervisors of the town of , in the county of . . . , report to the Clerk of the Board of Supervisors, under § 102 [sec. 76], title 1, of chapter 20, as follows: The number of paupers relieved or supported in said town during the ' year preceding the day of...., 18.., as appears from the ac- counts of the Overseess of the Poor, was, Of the persons thus relieved, the number of county paupers, was. The number of town paupers, The whole expense of such support was, $ . Allowance to Overseers for support of county paupers, Allowance to Overseers for support of town paupers, . . Allowance to Overseers for their services, Allowance to Overseers for transportation of paupers. . Allowance made to Justices . . Allowance to physicians for medicine and attendance, . Of the whole number of paupers relieved by the Overseers during the y< they report that there Avere . . . .foreigners ; ... .lunatics ; ... .idiots; and . . . .mutes. The number of paupers under their charge, at the time of audit- ing their accounts, is stated at ; of which. . . .were males and. . . .females. [If there are any other charges, let them be specified.] I hereby certify, that the foregoing is a correct abstract of the accounts ot the Overseers of the Poor of the town of. . ., for the year ending on the day of , 18. ., as the same have been settled by the board of Town Auditors. ear. Dated this day of. . . ., 18. A. B., Supervisor, No. 33. COMPLAINT AGAINST A VAGRANT. County of Albany, ss. A. B., of the town of , in said county, being sworn, makes oath and complaint before C. D., one of the Justices of the Peace of said town, that E. F. is now in said town, and is an idle person, not having visible means to maintain himself, and living without employment, and is, as said deponent believes, a vagrant, within the meaning and intent of the statute in such case made and provided. A. B. Subscribed and sworn this 7tb day ) of July, 1860, before me, C. D., Justice. 3Vo. 33. WARRANT TO ARREST A VAGRANT. County of. ..., ss. To any Constable of said county. Greeting : "Whereas, A. B., of. . . ., in said county, has this day made complaint, on oath, before nie, the under-named Justice of the" Peace of said town, that E. F. (here set 470 THE CLERK'S ASSISTANT. forth tlie complaint). You are therefore hereby commanded, in the name ot the People of the State of New York, forthwith to arrest the said E. F., and bring him before me, the said Justice, at my dwelling house in ... . aforesaid, to answer to said com[)]aint, and to be otherwise dealt with in the premises aa the law requires. Given under my hand, at , aforesaid, this day of , 18. . C. D., Justice. ISO. 34. RECORD OF CONVICTION OF A VAGRANT. County of. . . ., ss. Be it remembered, that J. S. is now, at this day, brought before me, the under-named Justice of the Peace of the town of. . . ., in said county, at . . ., aforesaid, upon the charge and accusation that said J. S. was found in said town an idle person, not having visible means to maintain him- self, and living without employment (or as the case may be), and a vagrant within the intent and meaning of the provisions of title 2, of chapter 20 of the first part of the Revised Statutes. And I, the said Justice, being satisfied upon due and personal examination of said J. S., and by his confession, now before me had and made {or satisfied upon due and personal examination of said J. S., and upon competent testimony now before me had and given), that said cliarge and accusation are in all respects true, the said J. S. is, there- fore, duly convicted before me of being a vagrant, within the true intent and meaning of said statute : And it appearing to me that said J. S. is not a noto- rious offender, and that he is a proper object for relief, I adjudge and deter- mine that said J. S. be committed to the county poor house of said county \or the alms house or poor house of the town) for the term of forty days, there to be kept at hard labor ; {or it appearing to me that said J. S. is an im- proper person to be sent to the poor house, I do therefore adjudge and deter- mine that said J. S. be committed to the common jail of said county (or the bridewell, or house of correction), for the term of 30 days, and to be kept for the first 15 days of said term on bread and water only.) In witness whereof, I have hereunto set my hand and seal this. . . .day of ...,18.. J. R, [l. s.] , Justice. OVo. 35. COMMITMENT. Albany County, ss. To any Constable of said County, Greeting : Whereas, J S. has been this day duly convicted before me. the undernamed Jus- tice of the Peace of the town of , in said county, of being a vagrant ; and inasmuch as it appeared to me that said J. S. is not a notorious ofiender, and is a proper subject of relief {or that said J. S. is an improper person to be sent to the poor house), I did, upon such conviction, adjudge, that said J. S. be committed as hereinafter expressed. You are therefore hereby com- manded, in the name of the People of the State of New York, to convey the said J. S. to the county poor house {or alms house, or town poor house), the keeper whereof is required to keep the said J. S. therein at hard labor for the term of forty days; {or to convey the said J. S. to the common jail of said county, the keeper whereof is required to detain the said T. S. in safe custody therein tor the term of thirty days, and to be kept for the first ten days of said term on bread and water only). Given under my hand and seal, at Bern, this 7th day of July, 1860. J. R., Justice, [l. s.j POOR LAWS. 471 K^o. 36. ■WARRANT TO COMmT A CHILD TO THE COUNTY POOR HOUSE. Albany County, ss. To any Constable of said count}^, Greeting : Whereas, complaint has this day been made, and the proof thereof given to me, one of i he Justices of the Peace of said county, that a child of the name of A. B., lias been found in the town of Knox, in said county, begging for alms. You are, therefore, hereb}' commanded, in the name of the People of the State of New York, to convey the said child to the poor house of said county {or town, or the alms house of said city), the keeper whereof is required to detain, keep, employ, and instruct said child in such useful labor as said child shall be able to perform, until discharged therefrom by the County Superinten- dents of the Poor, or bound out as an apprentice by them {or by the Com- missioners of such alms house, or by the Overseers of the Poor). Given under my hand and seal, at Knox, this 7th day of July, 1860. J. R., [l. S.J Justice. IVo. ST. INDENTURE MADE BY THE SUPERINTENDENTS OF THE POOR. Whereas, A. B., a male child ten years of age, hath been sent to the county poor house in the county of . . . . , in the State of New York : Now, therefore, this indenture, made the 7th day of July, 1860, between G. B., and B. B., and C. B., County Superintendents of the Poor of the said county, of the first part, and C. D., of. . . ., in the county of. . . ., of the second part, witnesseth, that the said parties of the first part, in consideration of the provisions of the statute in relation to children supported by the public, and of the covenants hereinafter contained, do hereby bind the said A. B., to the said C. D., to serve as apprentice {or clerk) to the trade of. . . [or employment or profession), until (here insert a time, not exceeding the time when the boy will be 21, or if a girl, 18). And the said party of the second part, in consideration of the above, and of . . .dollars to him paid, {or agreed to be paid), as herein- after st:^,ted in relation to the said binding out of the said apprentice (or clerk), hereby, for himself, his heir, executors and administrators, covenants to and with the said party of the first part, that (here state the whole agreement). And the said C. D. further covenants and agrees, that he will cause such child to be instructed to read and write, and also in the general rules of aritiimetic; and he further agrees, that he will give to such of his service, a new Bible. Signed, sealed and deHvered, ) in the presence of \ apprentice, j It the expiration G. B., [L. S.1 B. B., [L. S.] C. B., [L. S.] Superintendents of the Poor. C. D. [L. S.] JSo. 38. INDENTURE FOR BINDING OUT A CHILD BY OVERSEERS OF THE POOR. Whereas, the parents of A. B., a female child, years of age, have become chargeable to the' town of , in the county of : Now, therefore, thig indenture, made the day of ,, 18. ., between C. D. and E. F., Overseers 472 THE CLERK'S ASSISTANT. of the Poor of said town (or city), of the first part, and Gr. H., of the town of. . . ., in the county of . . ., of the second part; witnesseth, that the said parties of the first part, in consideration of the provisions of the statute in relation to children supported by the public, and of the covenants hereinafter contained, do hereby bind the said A. B. to the said party G. H. to serve in the employment of mantua-making (or other service, as the case may be,) until the. . . .day of. . . ., (liere insert a period not exceeding the time when the girl will be 18 years of age). And the said party of the seconr" part, in consideration of the service of the said A. B., hereby, for himself, his heirs, executitrs and administrators, covenants to and with the said Overseers of the Poor, that (here state the conditions of the agreement). And the said G-. H. further covenants and agrees, that he will cause the girl named in this inden- ture, to be instructed to read and write, and at the expiration of her service will give her a new Bible. C. D, [l. s.] E. P., [l. s.] Overseers of the Poor. G. H., [l. s.] jyo. 39. NOTICE TO TAVERN KEEPER NOT TO SELL LIQUOR TO AN HABITUAL DRUNKARD. The undersigned Overseer of the Poor of the town of Knox, in the county of Albany, having discovered that A. B. of said town is an habitual drunkard, I do hereby designate him as such : And every merchant, tavern keeper, shop keeper or other dealer in spirituous liquors, is required not to give or sell under any pretense, any spirituous liquor to such drunkard. 0. v., Overseer of the Poor of the town of Knox. July 7, 1860. No. 40, NOTICE TO OVERSEERS. To the Overseers of the Poor of the town of Knox : You are hereby notified, that A. B., who has been designated by you as an habitual drunkard, has applied to me for process to summon a jury to try and determine the fact of such drunkenness : And that I have fixed upon the 16th day of July instant, at 2 o'clock in the afternoon, at my office in said town, as the time and place for such trial. Dated at Knox, this 7th day of July, 1860. J. K., Justice of the Peace. Wo. 41, VENIRE. County of Albany, ss. To any Constable of the town of , in said couLty, Greeting : You are hereby commanded, in the name of the People POOR LAWS. 473 of the State of New York, to summon a jury of twelve persons, competent to serve on juries, to appear at my office, in aforesaid, on the day of , instant, at two o'clock in the afternoon, to try the fact, whether A. B., of said town, is an liabitual drunkard; he having been desig- nated as such by the Overseers of the Poor of said town ; and liave there then a panel of the names of the jurors you shall so summon, and this precept. Given under my hand, at , this day of , 18 . . J. K., Justice of the Peace. mo. 43. SUBPCENA FOR WITNESSES. County of Clinton, ss. — To J. D., R. R., &c., Greeting : You are hereby commanded, in the name of the People of the State of New Yoik, to appear before me, the undernamed Justice of the Peace, at my office, in the town of , in said county, on the . .day of ., instant, at 2 o'clock in the afternoon, to give evidence touching the fact of the habitual drunkenness of A. B., he having been designated by the Overseers of the Poor of said town as an habitual drunkard ; and the said A. B. having demanded a jury to try such alleged fact. Given under my hand, at , this day of , 18. . J. K., Justice. ISo. 43. juror's oath. You do swear, in the presence of Almighty God, that you will well and truly try the fact of the alleged habitual drunkenness of A. B., and a true verdict will give, according to evidence. 3Vo. 44. witness' oath. You do swear, in the presence of Almighty God, that the evidence you shall give, touching the fact of the alleged habitual drunkenness of A. B., shall be the truth, the whole truth, and nothing but the truth. Tf(o. 4e5. EXECUTION AGAINST HABITUAL DRUNKARD. County of , SS. To any Constable of said county, Greeting: Whereas A. B., of , in said county, was designated and described \)j the Overseers of the Poor of said town as an habitual drunkard, and by the verdict of a jury duly impanneled, drawn, and sworn before me, the under- named Justice, upon the application of the said A. B., it is found that he is an habitual drunkard, whereupon I did render judgment against said A. B., for GO 474 THE CLERK'S ASSISTANT. the costs of the said Overseers in attending the trial, amounting to the sum of $3. You are, therefore, hereby commanded, in the name of the People of the State of New York, to levy the said costs of the goods and chattels of the said A. B. (excepting such goods and chattels as are exempt by laAv from exe- cution), and bring the money which you shall collect, in thirty days from the date hereof, before me, at mj' ofl&ce, in , to render to said Overseers ; and if no such goods and chattels, or not sufficient to satisfy this execiition, can be found, you are further required to take the body of the said A. B., and convey him to the common jail of said county, there to remain until this exe- cution be paid, or he be thence discharged accordmg to law. Given under my hand, at , this .... day of , 18 . . J. K., Justice of the Peace. I«ro. 46. EXECUTION AGAraST THE OVERSEERS. County of. . . ., ss. To any Constable of said county, G-reeting : Whereas' A. B., of. . . ., in said county, was designated by 0. D. and E. F., the Over- seers of the Poor of. . . .aforesaid, as an habitual drunkard, and upon trial of the fact of such drunkenness, before a jury duly impanneled and sworn before me, the under named Justice of the Peace of said town, and after hearing the proofs and allegations, as well of the said A. B. as of the said Overseers of the Poor, the said jury returned their verdict to me, whereby they found that the said A. B. is not an habitual drunkard ; and inasmuch as it appeared to me, upon the trial of said matter, that the said Overseers of the Poor did not act in good faith, and had not reasonable cause to believe the said A. B. to be an habitual drunkard, &c., I did, upon the return and entry of said verdict, enter judgment against the said Overseers of the Poor for the costs of said A. B., amounting to the sum of $3. You are, therefore, commanded, in the name of the People of the State of New York, to levy the said costs, &c. (As in the usual form to the end). J. El, Justice, IVo. 4.<7. REVOCATION BY THE OVERSEERS WHEN A DRUNKARD REFORMS. County of Clinton, ss. The undersigned. Overseers of the Poor of the town of. '. . . , being satisfied that A. B., respecting whose drunkenness a no- tice has heretofore been given by the Overseers of the Poor of said town, haa reformed and become temperate, hereby revoke and annul the notice given in the case of the said A. B. aforesaid. Given under our hands at , this .... day of. ... , 18 . . . C. D., E. F., Overseers of the Poor. . No. 48. COIirPLAINT AGAINST A DISORDERLY PERSON. County of , ss. To , Esq., a Justice of the Peace for the town of , iu said county : A. B., of said town, being duly sworn says, that G. POOR LAWS. 475 D. is (as the said deponent believes), a disorderly person, within the meaning of the provisions of the Revised Statutes of New York, in this, to wit, that the said C. D. (here insert the facts on which the charge is founded, that he threatens to run away and leave his wife and children, or any other charge fendering him a disorderly person). I certify that the oath in the above complaint i mentioned, was duly made before me, at > , this.... day of ,18... ) G, H., Justice. No. 49. WARRANT AG\INST i» DISORDERLY PERSON. County of , ss. To any Constable of said county, Greeting: A. B., of the town of , in said county, having this day made complaint, on oath, before me, the under named Justice of the Peace of said county, against 0. D., in which complaint the said A. B. alleges that (liere set forth the complaint). You are, therefore, hereby commanded, in the name of the People of the State of New York, forthwith to apprehend the said A. B., and bring hira before me. at my office, in , for examination, as by law required. Given under my hand at , this day of , 18. .. J. K., Justice. JSo. 50. RECOGNIZANCE. County of...., ss. We, C. D., E. F. and G. H., of , in said county, acknowledge ourselves indebted to the People of the State of New York, that is to say, the said C. D. in the sum of $ , and the said E . F. and G. H., each the sum of $ , to be respectively made and levied of our several coods and chattels, lands and tenements, to the use of said people, if default shall be made in the condition following: The condition of this recognizance is such, that whereas A. B. made corn- plaint on oath, before the under named Justice of the Peace, against the said C. D., in which complaint the said A. B. alleged that, &c. (here set forth the matter complained of). And the said Justice having this day caused the said C. D. 10 be brought before him and examined, touching the offense in said complaint alleged ; and it appearing to said Justice upon said examination, and by the confession of the said C. D. {or by competent testimony), that he is guilty of the offense in said complaint alleged, and is a disorderly person : Now, therefore, if the said C. D. shall be, and continue of good behavior towards the People of the State of New York, for the space of one year, from and after this day, then this recognizance to be void, otherwise of force. C. D. E. F. G. TL Taken, subscribed, approved and acknowledged ) before me, this day of , 18 . . , ) J. K., Justice. 476 THE CLERK'S ASSISTANT. JVo. 51. FORM OF RECORD. County of Clinton, ss. Be it remembered, that, whereas A. B. made com- plaint on oath before me, the under named Justice of the Peace of said county, against C. D., in which complaint the said A. B. alleges that, &c. (set forth the complaint). And whereas I, the said Justice, did cause the said C. D. to be brought before me, this day, at aforesaid, and exam- ined toucliing the offense in said complaint alleged, and it appeaVing to me, the said Justice, upon such examination, and by the confession of said C. D. before me made {or by competent testimony), that he is guilty of the offense insaid complaint alleged, the said C. D, is tlierefore convicted before me, the said Justice, of being a disorderly person. And inasmuch as the said C. D., now before me, has made default in finding sureties for his good behavior, as by me required, that is to say, two sufficient sureties, to be recognized with said C. D., each in the sum of $50, and the said C. D. in the sum of $100, I do therefore, in pursuance of the statute in such case made and provided, make this my record of the conviction of the said C. D. of the offense afore- said, at aforesaid, this. . . .day of. . . ., 18. . . J. K., Justice. JSo. 53. WARRANT TO COMMIT. County of Clinton, ss. To any Constable of said County, G-reetmg : Whereas, C. D. has been this day duly convicted before me, the under named Justice of the Peace of said county, of being a disorderly person ; and upon Buch conviction, the said C. D. was by me required to find two sufficient sure- ties to be recognized with said C. D., the sureties each in the sum of $50, and the said C. D. in the sum of $100, for his good behavior for the space of one year from the time of his conviction as aforesaid ; and inasmuch as said 0. D. has made default in finding such sureties : You are, therefore, hereby com- manded, in the name of the People of the State of New York, forthwith to convey the said C. D. to the common jail of said county, the keeper whereof is required to detain him in custody in said jail, until he shall find such sure- ties, or shall be thence discharged according to law. G-ivea under my hand, this 7th day of July, 1860. J. K, Justice. ISO. 53. DISCHARGE. County of Clinton, ss. To the keeper of the common jail of said county, Greeting: Whereas C. D. was lately committed to your custody in said jail by the warrant of R P., Justice, upon the conviction of said C. D., before the said Justice, of being a disorderly person, and upon the failure of said C. D., to procure sureties for his good behavior, as by said Justice required. And whereas, the said C. D. has given such sureties as were originally required by said E. P., Justice, from him : Now, therefore, we, being two of the Justicea of the Peace of the county, do require you forthwith to discharge the said 0. D., out of your custody in said jail, under his commitment aforesaid. Given under our hands, at this 7th day of July, 1860, L. M., N. 0., Justices. POOR LAWS. 477 ISO. 54. jailer's report relative to committed disorderly persons. County of Clinton, ss. To the Court of Sessions of the said county : The following is a list of the persons, since the last session of the court, committed as disorderly persons to the common jail of the said county, and now in custody of the undersigned, keeper thereof, with the nature of their otTenses, the name of the Justice committing them, and the time of imprisonment, to wit: — List of persons so committed, and NOW in custody. Nature of their offenses res- pectively. Name of the jus- tice committing THEM. The time of impri- sonment. Dated at , in said county, the .... day of. .,18... P. Q., Keeper of the Jail ISo. 55. application of THE SUPERINTENDENTS OR OVERSEERS OF THE POOR, RELATIVE TO A BASTARD. County of...., ss. To...., Esq., Justice of the Peace of said county: A. B., having been delivered of a bastard child, which is chargeable {or likely to become chargeable) to the said county {or to the town of...., in said county), {or A. B. being pregnant of a child, likely to be born a bastard, and to become chargeable, &c.), the undersigned, Superintendents of the Poor of the said county, pursuant to sec. 5, title G, chap. 20, part I, of the Revised Statutes of the State of New York, apply to you to make inquiry into the facts and circumstances of the case. Given under- our hands, at .... , this . .day of , 18. .. C. D., E. R, Superintendents of the Poor. JSo. 56. EXAMINATION BEFORE BIRTH. County of , ss. A. B., of the town of. . . ., in said county, being duly sworn before the under named Justice of the Peace of said county, says, that she is now with child, and that the child of which she is pregnant is likely to be born a bastard, and to become chargeable to said county {or to the town of. . . ., in said county , and that C. D., of. . . ., is the father of said child. Subscribed and sworn, this . . . , day of 18. ., before me, A. B. J K., Justice. 478 THE CLERK'S ASSISTANT. EXAMINATION AFTER BIRTH. County of , ss. A. B., of the town of , in said county, being duly sworn before the under named Justice of the Peace of said county, says, that on the day of last, she was delivered of a bastard child, which is chargeable (or likely to become chargeable) to said county {or to the town of , in said county), and that C. D., of , is the father of said bastard child. A. B. Subscribed and sworn, this ) day of , 18. ., before me, j J. K., Justice. No . £5 8. WARRANT TO APPREHEND REPUTED FATHER. County of Clinton, ss. To any Constable of said County, Greetmg. Whereas, A. B., of. . . ., in said county, upon her examination on oath before me, the under named Justice of the Peace of said county, this day had, did declare that, &c. (as in the examination). And whereas , one of the Overseers of the Poor of said town (or one of the Superintendents, as the case may be), in order to indemnify the said town (or county), in the premi- ses, hath applied to me to inquire into the facts and circumstances of the case, and to issue my warrant to apprehend the said C. D., &c. You are, therefore, hereby commanded, in the name of the People of the State of New York, forthwith to apprehend the said C. D., and bring him before me, at my office, in aforesaid, for the purpose of having an adjudication respecting the filia- tion of such bastard child (or of sucji child likely to be born a bastard). Given under ray hand, at. . . aforesaid, this day of , 18. .. J. K., Justice. ISO. £5 9. StJBP(ENA IN A BASTARD CASE. County of. . . . , ss. To J. D., R. R., &c.. Greeting : You are hereby com- manded, in the name of the People of the State of New York, personally to appear before . . . . , and the under named . . . . , two of the Justices of the Peace of said county, forthwith (or at the time fixed upon), at the office of the said . . . ., in. . . ., in said county, to testify touching the father of a bastard child, wherewith A. B. alleges she is now pregnant (or which was lately born of A. B.), and any other knowledge you may have touching the matter then and there to be examined into before the said justices. Given under my hand at . . . . , this day of , 18 . . J. K., Justice. No. eo. BOND ON ADJOURNMENT. Know all men by these presents, that we, C. D. and E. F., of , in the county of . . . , are held and firmly bound unto the People of the State of New POOR LAWS. 479 York, in the sum of $500, for the payment whereof to the said People, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of , 18. . The condition of this obligation is such, that *whereas, the under named C. D. has been this day brought before and , two of the Justices of the Peace of said county, churged upon the oath of A. B. of aforesaid, as the reputed father of a bastard child, with which the said A. B. alleges she is pregnant (or of a bastard cliild lately born of said A. B.), the said Justices having associated, pursuant to statute, to examine the matter, and adjudicate respecting the filiation and maintenance of such bastard child (o?- likely to be Dorn a bastard). And whereas, at the request of C. D., and fov sufficient reasons given, the said Justices have determined to adjourn the said exami- nation and adjudication, upon the execution of this bond, until the day of . . . ., instant, at 2 o'clock in the afternoon, at the office of said . . . ., in . . . aforesaid : Now, therefore, if the said C. I), shall personally appear before the said Justices, at the time and place last aforesaid, and not depart there- from without leave of said Justices, then this obligation to be void, otherwise of force. C. D. [l. S.J E. F. [l. s.] Sealed and delivered in presence ) of, and approved by us. Justices. ORDER OF FILIATION. County of Clinton, ss. Whereas, we, the under named, being two of the Justices of the Peace of said county, have this day associated, at. . . ., in said county, upon the application of the Overseers of the Poor of said town (or Superintendents), for the purpose of making examination and determination, touching a certain bastard child lately born in said town, of the body of A. B. (or a certain child wherewith A. B. was said to be pregnant, and that said child, Avhen born, would be a bastard), and chargeable (or likely to become chargeable) to said town (or county), and of which child C. D. was alleged to be the father : And whereas, we have duly examined the said A. B. on oath, in the presence of the said C. D., touching the father of said cliild, and have also heard the proofs and allegations to us ofiered, in relatiou thereto, as well on the part and in behalf of the said Overseers, as of the said C. D., whereby it appears -that the said A. B. was, on the. . . .day of. . . .last, delivered of a bastard child in said town (or appears that the said A. B. is now pregnant of a child, which, when born, will be a bastard), and-which is chargeable (or likely to become chargeable) to said town (or county), and that the said 0. D. is the father of said child. We, therefore, upon examination of the matter, as well by the oath and examination of said A. B., in presence of the said C. D. as otherwise, do adjudge him, the said C. D., to be tiie father of said bastard child. And thereupon we order, that said C. D. pay to the Overseers of the Poor of said town {or to the said Superintendents of the Poor) for the support of said child, the weekly sum of ^1, so long as said child shall continue charge- able to said town (or to said county). 480 THE CLERK'S ASSISTANT. And, inasmuch as it appeared to us, and we find that said A. B. is in indi- gent circumstances, we determine and order that said C. D. pay to said Over- seers of the Poor (or Superintendents), for the sustenance of the said A B. during her confinement and recovery therefrom, the sum of $20. And we do hereby certify the reasonable costs of apprehending and secur- ing the said father, and of the order of fihation, at the sum of $10. Given under our hands, at , aforesaid, this day of , 18 . . . . . ., • • • •) Justices. ifo. 6 a. BOND UNDER ORDER OF FILIATION. Know all men by these presents, that we, C. D., E. F. and Gr. H., of in the county of , are held and firmly bound unto the People of the State of New York, in the sum of $1,000, for the payment whereof to said People we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of , 18. . The condition of this obligation is such, that whereas, by an order this day duly made and subscriBed by the under named Justices of the Peace of said county, it is adjudged that the said C D. is the reputed father of a bastard child of which A. B. of is pregnant, and hkely to become chargeable {or of a bastard cliild lately born in said town of the said A. B., and which is chargeable), to said town {or county). And it is thereby ordered, that, &c. (here recite the order for the support of the bastard and sustenance of the mother, as in the order). Now, therefore, if the said C. D. shall pay the sums for the support of said bastard child and the sustenance of its mother, as the same is ordered by said Justices as aforesaid, or as shall at any time here- after be ordered by the Court of Genjeral Sessions of the peace of said county, and shall fully and amply indemnif)^ the said town {or county), and every other county, town or city which r^ay have incurred any expense, or may be put to any expense for the support of such child or its mother, during her confinement or recovery therefrom, against all such expenses, then this obhga- tion to be void, otherwise of force. C. D. [l. S.J E. P. [l. S.J Sealed and delivered in presence of, and the ) G. H. [l. s.J penalty and sureties approved by us, f . . . ., . . . . , Justices. (If the reputed father mean to appeal from the order of the Justices, then the condition of the bond must be varied, as follows :) Now, therefore, if the said C. D., shall personally appear at the next Court of Sessions of said county, and shall not depart the said court without leave, then, &c. (as in the foregoing form to the end). JVo. 63. WARRANT TO COM.MIT PUTATIVE FATHER. County of , ss. To any Constable of said County, Greeting Whereas, by an order of filiation this day made by us, the under named Jus- POOR LAWS. 481 tices of the Peace of said county, at , in said county, we did adjudge C. D. to be the father of a bastard child, begotten upon the body of A-. B., of said town, and did therein order that said C. D. pay, &c. (here set forth the direction for tlie support of the child, the sustenance of the mother, and the certificate of the Justices of the amount of costs and charges required to be paid, as in the order expressed). And whereas, upon the making and sub- fcribing such order, we did require the said C. D. immediately to pay the costs s ) certified, and to enter into a bond to the People of this State, in the penal sum of $1,000, with good and sufficient sureties, to be by us approved, with one or other of the conditions, which, by the statute in such case made and provided, is prescribed. And whereas, due notice of our said order and re- quirement has been given to the said C. D., but he has wholly neglected either to pay the said costs and charges, or to execute the bond aforesaid (or a de- fault in either particularly, as the case may be). "You are, therefore, hereby commanded, in the name of the People of the State of New York, to convey the said C. D. to the common jail of said county, the keeper whereof is re- quired to receive and detain the said C. D. in custody in said jail, until he shall be discharged by the Court of General Sessions of the peace of said county, or shall execute such bond in the penalty required by said Justices, as afore- said. Given under our hands, at , this. . . .day of , 18. . L. M., N. 0., Justices. JSo. 64. WARRANT TO RELEASE PUTATIVE FATHER. County of , ss. To the Keeper of the Common Jail of said County, Greetmg : Whereas by the warrant of us, the under named Justices of the Peace of said county, bearing date the day of instant, C. D. was committed to your custody in said jail, being charged as the reputed father of a bastard child, whereof it was testified to us, that A. B., of , in said county, was pregnant, and likely to become chargeable to said town (or county) and was so committed for not paying the costs by us certified, and executing the bond consequent upon our order of filiation, as by statute required. And whereas it is now testified and appears to us, upon due proof before us given, that said A. B. hath married before her delivery of the said child (or has mis- carried of such child, or appears not to have been pregnant) : You are, there- fore, hereby commanded, in the name of the People of the State of New York, forthwith to relieve the said C. D. out of your custody, under the com- mitment upon our warrant as aforesaid. Given under our hands and seals, at , this. . . .day of. . . ., 18. . , [^- s.] , fi-^-J Justices. JSo. GS. THE JUSTICE ISSUING THE WARRANT TO ARREST IN A FOREIGN COUNTY SVILL MAKE AN INDORSEMENT UPON IT AS FOLLOWS: I, the within named Justice of the Peace, direct that the penal sum in which any bond shall be taken of the within named C. D., shall be $1,000. J. K.. Justice. CI 482 THE CLERK'S ASSISTANT. ISo. 66. THE INDORSEMENT OF JUSTICE IN THE FOREIGN COUNTV. County of , ss. The within warrant, with the indorsement made thereon by the Justice by whom it was issued of the sum required to be put in the bond, having been presented to the undersigned, a Justice of the Peace of the county of , and proof having been made of the handwriting of the Justice who issued the said warrant, the arrest of the said ia hereby authorized, if he can be found within the county of Indorsed at the town of , in the county of , this .... day of , J. K., Justice. No. GV. BOND GIVEN IN A FOREIGN COUNTl {Proceed as in Form No. 60, to the * then the foUounng recital :j Whereas, the said 0. D. has been this day brought before the under named , one of the Justices of the Peace of the county of , by virtue of a warrant issued by , . , , one of the Justices of the Peace of the county of , whereon the name of the said is ndorsed, with an authority to arrest the said C. D., in the county of ^. . (If the indorsement and authority were made by a diiierent Justice than the one be- fore wliom the person charged is brought, vary the recital thus, whereon the name of E. R., one of the Justices of the Peace of the said county of is indorsed, with authority, &c._), in which warrant it is recited, that A. B , o.' , in said county of , upon her examination on oath, before the said , Justice, did declare herself pregnant of a child, which is likely to be born a bastard (or did declare that she was, on the .... day of . . . . last, at aforesaid, delivered of a bastard child), and to become charge- able (or, and which is chargeable), to said town (or said county). And upon the said warrant is indoised the direction of the said , that the penal sum in which any bond should be taken of the said C. D. should be $1,000. Kow, therefore, if the said C. D., &c. (insert the conditions expressed in Nos. 60 or 62, to support the child, or to appear at the Sessions). 2Vo. 68, CERTIFICATE INDORSED ON WARRANT. I certify, that the within named C. D., who was brought before me one of the Justices of the Peace of the county of , by virtue of the within warrant, was by me discharged from arrest, upon his executing a bond pursu- ant to statute. J. K., Justice, Dated , 18. JVo. 69. ORDER OF FILIATION IN THE ABSENCE OF THE REPUTED FATHER, APPREHENDED IN A FOREIGN COUNTY, AND WHO HAS GIVEN BOND TO APPEAR AT COURT OF SESSIONS. County of ss. C. D., having been, in the county of in the State of New York, apprehended by virtue of a warrant, and the direr; • POOR LAWS. 483 tion and authority thereon indorsed, of all of which the following are copies, to wit : (Here insert a copy of the warrant, and of the direction as to the sum for which the bond was 1o be taken, and of the authority to ar- rest in the other county.) Whereupon the said C. D., upon being apprehended as aforesaid, was carried before , Esq., a Justice of the Peace of the same county of , who took from him, the said C. D., a bond to the People of the said State, with good and sufficient sui-eties, in the sum so directed on said warrant, with condition prescribed by the Revised Statutes of the said State, and by which condition the said C. D. is bound to appear at the next Court of Sessions, to be holden in the said county of (where said warrant was originally issued), and not depart the said court without its leave ; and the said bond having been in due form of law returned to the undersigned , the Justice who issued the said warrant, he, the said last mentioned Justice, thereupon immediately called to his aid the under- signed , another Justice of the same county, and the undersigned two Justices proceeded to make examination of the matter on the. . . .day of. . . .. 18. ., at , in said town, and then and there heard the proofs that were offered in relation thereto ; by which it was proven, that the said A. B., being in the said town of , has been delivered of a bastard child, which is chargeable to the said town of , and that the said C. I), is the father of such child ; and thereupon the two undersigned Justices adjudge and de- termine, that the said C. D. shall pay $ . . . .weekly, for the support of the said child. And it appearing from the examination tliat the mother of the child is in indigent circumstances, it is further adjudged that the sum of $15 be paid by the said C. D., for her sustenance. And the undersigned certify $5 to be the reasonable costs of apprehending the said C. D., and of this order of filiation. Given under our hands, at , this .... day of , 18 . . E. R, G. H., Justices. yso. vo. WARRANT TO COMMIT A MOTHER WHO REFUSES TO DISCLOSE THE NAME OF THB FATHER. County of Clinton^ s-s. To any Constable of said county. Greeting : WlnM-e- as, we, the under named Justices of the Peace of said county, are now asso- ciated for the purpose of examining into the matter, and making order for the indemnity of the town of. . . ., in said county {or for the indemnity of said county), against the support of a certain child, said to have been born a bastard of the said A. B., and chargeable {or likely to become chargeable) to said town {or county). And whereas, upon the application of the Overseers of the Poor of said town {or the Superintendents of the Poor of said county), we have caused C. D. to be brought, and he now is before us, charged as flie father of such child ; and whereas we have" required the said A. B., who is now before us, to submit to an examination on oath in the presence Of said C. D., and to testify touching the father of said child, and to disclose his name, but the said A.' B. wholly refuses so to testify and disclose; and inasmuch as it now appears to us, upon due proof thereof, given on oath before us, that mcjie than a month has elapsed since the said A. B. was delivered of such child, and that she is now sufficiently recovered from her confinement : You aie therefore, hereby commanded, in tr.e name of the Peoplp of the State of New York, to 484 THE CLERKS ASSISTANT. take the paid A. B. and convey her to the common jail of said count}', the keeper whereof is required to detain the said A. B. in his custody in said jail, until she shall so testify and disclose the name of such father. Given under our hands, at . this day of. . . ., 18. . E. F., G. H., Justices. SUMMONS TO THE MOTHER. County of , ss. To any Constable of said county, Greeting : You are hereby required to summon A. B., of , in said county, to appear before us, the undernamed Justices of the Peace of said county, on the day of , instant, at two o'clock in the afternoon, at the office of the under named , to show cause, if any she may have, why we should not make an order for the keeping of a child said to have been lately born of the said A. B., a bas- tard, and to be chargeable, or likely to become chargeable, to said county (or town), by charging the said A. B. with the payment of money weekly, or other sustentation ; the Overseers of the Poor of said town {or the Superin- tendents of the Poor of said county), having apphed to us for that purpose. Given under our hands, at .... , tliis .... day of. ... , 18 . . E. F., G. H., Justiceit, ISO. <7a. ORDER TO COMPEL THE MOTHER TO PAY FOR SUPPORT OF CHILD. County of Clinton, ss. Whereas, E. F., one of the Superintendents of the Poor of said county (or G. H., one of the Overseers of the Poor of , in said county), has made application to us, two of the Justices of the Peace of said county, complaining that A. B., of , in said county, was lately de- Uvered at , aforesaid, of a bastard child, which is chargeable (or likely to become chargeable) to said county (or town), and that said A. B. is possessed of property in her own right, and is of sufficient ability to support said child, and desiring that we should examine into the matters and make order for the relief of sa?d county (or town). And whereas, upon the examinations into the matters of said application, and upon due proof thereof, on oath before us given, and the said A. B., although present at such examination, not show- ing^ any sufficient cause to the contrary (or, and the said A. B. neglecting to appear before us and show cause, if any she might have, to the contrary, althoush duly summoned so to appear), therefore, we do hereby order that the said A. B. pay weekly to said Overseers (or to said Superintendents), the sum of ^1, for the support of said child. Witness our hands, at , this day of . . ., 18. . E. G. H, Justices. POOR LAWS. 485 IS"o. T3. WARRANT TO COMMIT County of....^ s?. To any Constable of said county, Greetmg: Wliereas, by an order duly made by us, the under named Justices of the Peace of said county, bearing date the . . . .day of. . . ., instant, we made direction foi- the keeping of a certain bastard child, lately bor>i in. . . ., in said county, of the body of A. B., which is cliatgeable to said town {or county), by chargmg A. B. with the payment, &c. (as in the order). Which order was so made upon the application to us of the Overseers of the Poor of said town {or of the Superintendents of the Poor of said county), and after due notice to said A B. to show cause, if any she might have, against the making of such order. And whereas, a copy of said order, subscribed by us, has been served upon the said A. B., and she has not executed a bond, as by law autliorized, for her appearance at the next Court of General Sessions, &c. And inasmuch as it is now proved before us, and fully appears, that said A. B. has wholly neglected to perform the requirement in our said order : You are, therefore, hereby commanded, in the name of the People of the State of New York, to take the said A. B. and convey her to the common jail of said county, there to remain, without bail, until she shall comply with said order, or execute the bond authorized by statute as aforesaid. Given under our hands, at. . . ., this. . . . day of. . . ., 18. . E, R, G. EL, Justices. JVo "7 4. PROCESS TO SUTMMON MOTHER TO TESTIFY. County of Clinton, ss. To any Constable of said county, Greeting: ^Yhere- fls, we, the under named Justices of the Peace of said county, have, uporb the application of the Overseers of the Poor of the town of . . . . , in said county {or the Superintendents of the Poor of said county), associated for the pur- pose of examming into the matter of a certain complaint made to us by said Overseei'S (or Superintendents;, that A. B., of said town, is now pregnant with a cjiild, which, whea born, will be a bastard, and w-hich is likely to be- come chargeable to said town {or county), (or that A. B. has been delivered in said town of a bastard child, which is chargeable, or likely to become chargeable, to said town, or county). And C. D. having been brought before us this day, charged to be the putative father of said child : Now, therefore, to the intent that the said A. B. may be examined before us on oath, and in the presence of the said C. D., touching the father of said child, you are hereby commanded, in the name of the People of the State of New York, to bring the said A. B. forthwith before us, at the office of the under named. . . ., in .... , aforesaid. Given under our hands, at. . . ., this. . . .day of. . . ., 18. . E. R, G. H., Justices, 486 "THE CLERK'S ASSISTANT. jX o. "7 3 . WARRANT TO SEIZE PROPERTY OF ABSCON'DIXG FATHER OR MOTHER OF BASTARD. County of Clinton, ss. To the Overseers of the Poor of the town of » m said county (or to the Superintendents of the Poor of said county) : It ap- pearing to us, two of the Justices of the Peace of said county, as well by the representation and application to us made by the said Overseers (or the said Superintendents), as upon due proof of the facts before us given, that C. D. is the father of a bastard child, whereof A. B. of said town is now pregnant, and which, when born, is likely to become chargeable to said town {or county), {or that C. D. is the father of a bastard child, lately born in said town, oi k. B., and which is -chargeable, or likely to become chargeable, to said to^yn, or said county), and that said C. D. has absconded from said town, which is the place of his ordinary residence, leaving in said county some estate, real or personal. And whereas, the said Overseers {or Superintendents) have applied to us for our warrant to seize said estate: We, therefore, authorize you to take and seize the goods, chattels, effects, things in action, and the lands and tene- ments of said'C. D. wherever the same may be found in your county. And you will, immediately upon such seizure, make an inventory of the property by you taken, and return the same, together with your proceedings, to the next Court of General Sessions of the Peace of said county. Given under our hands, at .... , tliis day of. ... , 18 . . E. F., G. H., Justices. Hio. -76. ORDER REDUCING THE SUM TO BE PAID BY THE FATHER OR MOTHER. County of Clinton, ss. To the Overseers of the Poor of the town of » in said county {or the Superintendents of the Poor of said county) : WhereaS) by an order of filiation by us made, bearing date the day of last, we did determine that C. D. is the father of a certain bastard child, then lately born in , aforesaid, and did therein order, among other things, that the said C. D. should pay to you, the said Overseers {or Superintendents), for the support of said child, the"' weekly sum of $1, so long as said child should con- tinue chargeable to said town (or county). And whereas, upon the applica- tion of the said C. D., we have this day made inquiry into the circumstances of the case, and heard the proofs and allegations to us submitted in relation thereto ; and it appearing to us, upon such inquiry, that the ch-cumstances in relation to said bastard child render it proper and expedient that the sum re- quired to be paid by the said C. D. by our former order, should be reduced as hereinafter expressed : And inasmuch as the said Overseers {or Superintend- ents) have shown before us no sulhcient reason against such reduction, although appearing before us {or notified to appear before us and show such cause, if any they might have). We do therefore' reduce the sum required to be paid weekly, by the said G D., by our former order as aforesaid, to the weekly sum of 75 cents. Given under our hands, at , this day of , 18. . E. R, G. H., Justices, POOR LAWS. . 487 KOTIGE BY SUPKRINTENDENT OR OVERSEER THAT APPLICATION WILL BE MADE TO THE COURT OF SESSIONS TO INCREASE AMOUNT PAYABLE IN ORDER OF MAIN- TENANCE. County of Clinton^ ss. To A. B. : You are hereby notified, that at the nexi Court of Sessions of said county, to be holden at. . . ., on the day of. . . ., at 10 o'clock in the forenoon, application will be made to the said court, by the undersigned, to increase the sum directed to be paid by the order of filia- tion, made for the support of the bastard child named in the said order, of which a copy is herewith annexed ; which said application will be founded on the affidavits, copies of which are also annexed. Dated at. . ., this. . . day of. . . ., 18. . J. K., Superintendent (or Overseer) of the Poor rvo. vs. iJOTICE TO BE GIVEN TO SUPERINTENDENT OR OVERSEER FOR REDUCING AMOUNT IN ORDER OF FILIATION. To G. 11., Superintendent (or Overseer) : You are hereby notified, that appUcation will be made to the next court of Sessions of the Peace of the county of Clinton, to be holden in the town of , on the day of . . . , 18 . . , at 10 o'clock in the forenoon, by the under- signed, to reduce the amount directed to be paid by the order of fihation made for the support of a bastard child, and a copy of which order is annexed to this notice. Dated at , this day of , 18. . A. B. NOTICE OF APPEAL FROM THE ORDER OF TWO JUSTICES INDORSED ON COPY ORDER, County of Clinton, ss. To. . . .and , Esqrs., two Justices of the Peace of said county : You are hereby notified, that the undersigned, conceivmg himself aggrieved by the order made by you, of which a copy is annexed, hereby appeals therefrom to the next Court of General Sessions of the peace, to be holden in said county. A. o. Dated July 9, 1860. ISO. SO. BOND OF SUPERINTENDENT OF THE POOR. Know ail men by these presents, that we, A. B., C. D. and E. F., are held and firmly bound unto tlie Supervisors of the county of Clinton in the sum of $500, for which payment well and truly to be made we bmd ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this 10th day of November, 18o9. Whereas, the above bounden A. B. has been duly elected to the office of County Superintendent of the Poor of the county of Clinton, to serve for the period of three years from January 1, 1860. Now, therefore, the condition of 488 THE CLERK'S ASSISTANT. this bond is bucb, that if the said A. B. shall faithfully execute the duties ol his office, and sliall pay according to law all moneys which shall come to his hands as Superintendent of the Pooi-, and render a just and true account thereof to the Board of Supervisors, then this obligation to be void, otherwise to remain in full force and virtue. A. B. [l. s.] C. D. [l. s.] E. F. [l. s.] 3Vo. 81. APPROVAL OF BOND INDORSED THEREON. The within bond was approved as to tlae form and sufficiency thereof, this 12th day of December, 1«59 by the Board of Supervisors of the county of Chnton. Q. P., Cleric. jyo. 83. BOND OF OVERSEER OF THE POOR. Know all men by these presents, that we, A. B., C. D. and E. F., of the town of Cohocton, are held and firmly bound unto G. H., Supervisor of said town, and to his successor in office, in the sum of $500, for which payment well and truly to be made we bind ourselves, our and each of our heirs, execu- tors and administrators, jointly and severally firmly by these presents. Sealed with our seals and dated this 15th day of November, 1859. Whereas, the above bounden A. B. has been elected Overseer of the Poor of said town for one year from May 8, 1860, and until his successor shall have duly qualified. Now, the ccfndition of this obligation is such, that if the said A. B. shall faithfully discharge the duties of his office, and will pay according to law all moneys which shall come into his hands as such Overseer, then this obligation to be void, otherwise to remain in full force and virtue. . A. B. [l. s.] C. D. [l. s.] E. F. [l. s.] ISO. 83. APPROVAL INDORSED ON THE FOREGOING. I approve of the form and sufficiency of the within bond. Gr. H., Svpenrisot April 20, 1860. CHAPTER XXXV. POWERS OF ATTORNEY. An Attorney is a person to whom the authority of another, who is called the constituent, is by him lawfully delegated. An Attor- ney at Law is an officer in a Court of Justice, who is employed by a party in a cause or action to manage the same for him, as his advocate. The term Attorney in Fact is employed to designate persons who act under a special agency, or a special letter of attorney, so that they are appointed, for the deed or special act to be performed, but in a more extended sense, it includes all other agents employed in any business, or to do any act or acts for another. All persons who are capable of acting for themselves, and even some who are disqualified from acting in their own capacity, if they have sufficient understanding, as infants of pro- per age, and married women may act as attorneys of others. And a married woman, living out of this State, may join with her husband in executing powers of attorney, for the convey- ance of real estate situated in this State, provided such power of attorney shall have been first duly proved or acknowledged according to the provisions of the Eevised Statutes, in relation to conveyances executed by married women residing out of the State. The Attorney is bound to act with fidelity and diligence after having accepted the appointment, and in the end to render an account of his proceedings to his principal. The Attorney is usually appointed by an instrument under seal called a letter of attorney, and sometimes a power of attorney. A letter of attorney is a written instrument, usually under seal, by which one or more persons called the constituents or princi- pals, authorize one or more other persons called the attorneys to do some lawful act by the latter for or instead of the former. The autliority given is either general or special ; either to trans- 62 490 THE CLERK'S ASSISTANT. act all the business of the constituents, or to do some special business particularly named in the letter of attorney. It is revocable or irrevocable. Where the power of attorney couples no interest with the duty to be performed, it may be revoked by the principal; but where there is conveyed to the Attorney, by the instrument which appoints him, an interest in the subject matter, it is irrevocable. The revocation of a letter of attorney takes effect as to the Attorney, at the time it is communicated to him ; as to third parties at the time they receive notice of such revocation. The Attorney is limited in his action by the letter appointing him, nor can he bind his principal or constituent beyond the authority conferred upon him by the letter. Hence it becomes very important that a person dealing with an Attorney, should know to what extent the principal has authorized the Attorney to go, and in what respect he may bind his principal, or whether in fact the letter conveying the power is in terms, or the manner of execution sufficient. If the Attorney is to sign a contract or exe- cute any paper under seal, then the letter of attorney should be under seal : and if it is for the purpose of conveying real estate the letter of attorney should be acknowledged and recorded in the Clerk's of&ce in the county where the land lies. Where the Attorney is authorized to make parol representations, his princi- pal will be bound either by the representations of the principal, or by notice givi^ ^ the Attorney. FORMS. JVo. 1. POWER OF ATTORNEY — COMMON FORM. Know all men Dj^ these presents, that I, A. B., of the city of Buffalo, have made, constituted, and appointed, and by these presents do make, constitute, and appomt C. D., of Utica, ray true and lawful attorney for me and in my name, place, and stead (set forth the general power given), giving and grant- ing unto my said attorney full power and authority to do and perform, all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall law- fully do" or cause to be done by virtue thereof In witness whereof, I have hereunto set my hand and seal the lOth day of July, in the year of our Lord, 1860. A. B. [l. s.] Sealed and delivered in presence of G. H. 3V o. 3. POWER OF ATTORNEY TO RECEITE DIVIDENDS ON STOCK. Know all men,&:c., that I, A. B., do hereby appoint C. D., of, &c., my attor- ney for me, and in my name to receive the dividend or dividends, which are or shall be payable according to law on the loth day of July, 18G0, on all stock standing in my name in the books of the New York Central Rail- road, Avith power also, one or more persons under him to substitute with like power ; and to do all lawful acts requisite for effecting the premises ; hereby ratifying and confirming all that my said attorney or substitute, or substitutes, shall do therein by virtue hereof In witness whereof, I have hereunto set my hand and seal the 10th day of July, in the year 1860. •^' -^ A. B. [l. S.1 Sealed and delivered in the presence of Cx. H. JTo. 3. POWER OF ATTORNEY TO VOTE AT AN ELECTION OF DIRECTORS. Know all men by these presents, that I, A. B., do hereby constitute and appoint C. D. to be my lawful attorney, substitute and proxy, for me and in my name, to vote on all the stock held by me in the New York Central Railroad 492 THE CLERK'S ASSISTANT. at any election of Directors, as fully as I might or could do, were I personally present at such election ; and I hereby revoke any proxy or proxies hereto- fore given by me to any person or persons whatsoever. In witness whereof, I have hereunto set my hand and seal this 10th day of July, 1860. In presence of G. H. A. B. [l. s.] ISo. 4=. AFFIDAVIT ANNEXED TO POWER OF ATTORNEY TO VOTE. CiUj of Rochester, ss. I,. A. B., of Rochester, do swear that the shares in the capital stock of the ISTew York Central Railroad, for which I have given the above power or proxy to vote, do not belong, and are not hypothecated, to the said C. R. R., and that they are not hypothecated or pledged to any other corpora- tion, or any person or persons whatever ; that such shares have not been transferred to me for the purpose of enabling me to vote thereon ; and that I have not contracted to sell or transfer them upon any condition, agreement or understanding, in relation to the manner of voting at any election. A. B. Sworn before me, this. day of , 18 . is.... J ISO. 5. POWER OF ATTORNEY FOR TRANSFER OF STOCK. Know all men by these presents, that I, A. B., for value received, have bar- gained, sold, assigned and transferred, and by these presents do bargain, sell, assign and transfer unto C. D. all the stock, being twenty shares, standing in my name on the books of the New York Central Railroad, and do hereby constitute and appoint the said C. D, my true and lawful attorney irrevocable, for me and in my name Tind stead, but to his use, to sell, assign, transfer and set over all or any part of the said stock, and for that purpose to make and execute all necessary acts of assignment and transfer, and one or more per- sons to substitute with like full power, hereby ratifying and confirming all that my said attorney or his substitute or substitutes shall lawfully do by vir- tue hereof. In witness whereof, I have hereunto set my hand and seal the 10th day of July, 1860. A. B. [l. s.] Sealed and delivered in the presence of G. H. 3yo. 6. A POWER FROM PARTNERS TO COLLECT DEBTS. Know all men by these presents, that we, A. B. and C. D., have made, con- stituted, authorized and appointed, and in our place and stead put, and by these presents we do make, constitute, authorize and appoint, and in our place and stead put E. F. and Gr. H., and each of them to be our and each of our POWER OF ATTORNEY. 4',;3 attorney or attorneys, jointly and severally, for us and each of us, in our and each of our names, and to our uses, to demand, attach, seize, take, sue for, levy, recover, and receive by all lawful ways and means whatsoever, of and • from all and every person or persons whatsoever whom it doth, shall, or niay concern, and particularly of, and from J. K., his heirs, executors and adminis- trators, or any of them, all and every sum and sums of money, debts, dues, duties, demands, goods, chattels, effects and things whatsoever, which now are, or hereafter shall be, and grow due, owing, payable or belonging unto us or either of us, upon or by virtue of any bond, bill, book, grant, covenant, assignment, or deed, or upon account of trading, or dealing, or upon any other account, or by any other ways or means howsoever, in any manner or wise, and if need be, to call to account and to bring to a reckoning, and to adjust and settle accounts with all and every person and persons concerned in the pre- mises, or any part thereof, and upon receipt or recovery of all or any such sum or sums of money, debts, dues, duties, demands, goods, chattels, effects, and other things, or any part thereof sufficient acquittances and discharges for us and each of us, and in our or either of our names, or in their or either of their own names, from time to time, to make and give, giving, and by these presents granting unto our said attorneys, and each of them, full power and authority in and touching the premises in our, and each or either of our names, to sue, pursue, arrest, attach, seize, implead, imprison, condemn, and prosecute any person and persons, and thence and thereof again to acquit, discharge, and out of prison to release ; also to take, attach, seize, imprison, prosecute, and condemn, the lands and tenements, goods and chattels, rights, credits and debts, of any person or persons, also for us and each of us to appear, and our and each of our persons to represent in all, or any court or courts, or other places as demandants or defendants, in any suit, action, or appeal, for or by reason of the premises, or any part thereof; likewise attorney or attorneys under them, or either of them to set and substitute, and again at pleasure to revoke, and generally to do, act, and perform all other matters and things in and to the premises, and every part thereof requisite and necessary as fully as we ourselves miglit or could do were we personally present. And we do hereby ratify and confirm, all and whatsoever our said attorneys, or either of them, or their or either of their substitutes, shall legally do, or procure, or cause to be done, in and touching the premises, or any part thereotl In witness, &c. No. O R s o a o •TVJLOJ, •auo^s •:sioua •auiujj •Soi |31J}8I(X UI gGlUn[OAJO •oj«j •sjauoissimtuoo Xq snoijoadsti; jo -o^j « O % B g o K "lYJ-Oi •J8A0 pntj gqjuoni Ql 01 UCUJ ssatpuBsq^uouig ssBipuBsqjuomg ■0 ui;q} 5soi puv sqjaoni \ ■\ ui;q} ssaipuBsqjnorag •8.ouigut!q} sggrj TO • •sa^VKa,I ■ssivrc n state Normal Sup't. Scliool. ^1 M (Q o m o IS g .2 « K CD 1 a (15 QO a o •siooqas ajBAUj; Suipn9iiB siidiiti JO -o^i •SlOOqDS SJKAUd JO "OJ^ •siooqog 88JJ JO -Oil ' -sid ni Snipisaj 'xg pa« f n38AH8q uajpnqo jo -o^ •sqjuoni pajCojdnia sjaqopaj, jo -0^1 •unin[oo siqi ni snAVOj JO uAvo^ aqi jnd' 'spuj -siQ JO 'OM aijl ojisoddo ll •iOIUd Lsia Ao -c >K o CO I — 1 o" 02 < r-1 1 o CO CO •XJaqopopnoqno SaiujBuiaj junoiay be 0) c4 •S99uadx3 i^^nap -pai aaqjo hb jo^ 1 03 o •Dg> 'ajnjmjnj 'fijiBdaj 'sa'snoq jjno 'saouaj 'sa^is sasnoH looqog io^ 1-^ ■siooqospaioioojo^ o •snj -BJBdde looqog Jo^ O e; •sauBjqii jo^ n a o O OD saScM jSiaqocaj, jo^ d !2i Eh A H w D W o '5 •eao -jnos jaqjo {{-e moi,^ o ID •s\ii({S%i3iJiq pasiBy; o 1 S • •XTS% iq pastua i •spuiir looqos pac jadsoS JO epaaoojd uioj^ 03 1-H •IOujsiq; 0) pa -noijaoddB janoiuy ft 'o o •X XjcnuBf puBq ao ^uiiooiy 02 Cm O a g g .2 o P Sal Si 2 o •ioiaisia .io "OK SCHOOLS. 511 ISO. i-y. AFFIDAVIT TO BE MADE BY A VOTER AT DISTRICT SCHOOL MEETING WHOSE VOTl IS CHALLENGED. You do solemnly swear in the presence of the ever-living God (or truly and sincerely affirm) that you are an actual resident of this school district, and are qualified to vote at this meeting. ISo. 18. ORDER OF TRUSTEES FOR TEACHERS' WAGES. A. B., Supervisor of the town of Bern, please pay C. D., a t.ea:cher duly employed by us, and qualified according to law, $G5, that being the amount he is entitled to receive out of the moneys in your hands apportioned for the payment of teachers' wages and directed to be paid to the said C. D. M. M., N. N., P. P., Bern, July 16, 1860. Trustees, dec Tfo. lO. ORDER FOR LIBRARY MONEY. A. B., Supervisor of the town of Bern, please pay M. N. $10, being the amount of library money in your hands belonging to district school No. 4, in said town. M. M., dhe. July 16, 1860. 3Xo. 30. tAX LIST FOR COLLECTION OF MONEYS RAISED FOR THE BUILDING OF A SCHOOL HOUSE. List of Taxes, pa3^able by the following person?, taxable inhabitants of dis- trict No. . . .,in the town of , made by the Trustees of said district, on the. . . .day of. . . ., 18. ., in conformity to law. NAMES. VALUATION OF REAL ESTATE. PERSONAL ES- TATE. TOTAL. AMOUNT OF TAXES. A. B. C. D. E. F. $1,000 1.500 2,000 $200 500 800 $1,200 2,000 2,800 $ 6 00 10 00 14 00 TAX. WARRANT TO COI >. 3 1. .LECT A DISTRICT • To the Collector of School District No. 7, in the town of Berne, in the county of Albany, Greeting: You are hereby commanded to receive from each of the taxable inhabitants and corporations named in the foregoing list, and of the owners of real estate 512 THE CLEKK'S ASSISTANT. described therein, the several sums mentioned in the last column of the said list, opposite to the persons and corporations so named, and to the several tracts of land so described, or so much thereof as may be voluntarily paid to you for two successive weeks after the delivery to you of this warrant, together with one cent on each dollar thereof for your fees ; and, after the expiration of the time above-mentioned, to proceed forthwith to collect the residue of the sums not so paid in as aforesaid, with five cents on each dollar thereof for your fees ; and in case any person upon whom such tax is imposed shall neglect or refuse to pay the same, you are to levy the same by distress and sale of the goods and chattels of the person or corporation so taxed, in the same manner as on warrants issued by the board of supervisors to the collectors of taxes in towns ; and you are to make a return of this warrant within thirty days after the dehvery thereof to you ; and if any tax on the real estate of a non-resident mentioned in the said list shall be unpaid at the time when you are required to return this warrant, you are to deliver to the trustees of the said district an account thereof, according to law. All moneys received or collected by you by virtue of this warrant, you are to keep safely, and to pay out the same on the written order of a majority of the trustees. Given under our hands this day of , in the year one thousand eight hundred and seventy-two. A. B., CD., E. R, Trustees. No. 33. RATE BILLS FOR SUMS TO BE PAID BY THE INHABITAKTS FOR INSTRUCTION- OR FOR FUEL. Rate bill of the persons hable for teachers' wages (or fuel) in district No. , in the town. of , for the school term ending the day of , 18. . AMOUNT OF SCHOOL BILL (OT BILL FOR FUEL), INCLUDING collector's FEES. $1 05 ]Vo. 3 3. BOND TO BE GIVEN BY A DISTRICT COLLECTOR. Know all men by these presents, that we, A. B. and C. D. (the collector and his surety), are held and firmly bound to E. F. and Gr. H., &c., trustees of school district No , in the town of , in the sum of (here insert a sum double the amount to be collected), to be paid to the said E. F., G. H., &c., trustees as aforesaid, or to the survivor or survivors of them, or their assigns, trustees of said district ; to the which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated this day of , 18. . The condition of this obligation is such that, whereas the above bounden A. B; has been chosen (or appointed, as the case may be) collector of the above-mentioned school district No , in the town of , in conformity to the act for the support of common schools ; now, therefore, if he, the said A. B., shall well and truly collect and pay over, after deducting therefrom his legal and proper fees, the moneys assessed upon the taxable inhabitants of said dis- SCHOOLS. 513 trict, in a rate bill or tax list, dated the day of , 18. ., and this day received by the said collector, which assessment amounts to a total sum of f , and shall in all respects duly and faithfully execute the said warrant, and all the duties of his office as collector of such district, then this obliga- tion shall be void, otherwise of full force and virtue. A. B. [l. s.] C. D. [l. S.J Signed, sealed, and deUvered, ) in presence of \ No. »4. BENEWAL OF WARRANT. The undersigned trustees of school district No. 4, in the town of Bern» hereby renew the within (or foregoing) warrant. M. M., (be. July 16, 1860. No. 3B. trustees' report to the district of moneys received bt them during THE YEAR. The trustees of school district No. 4, would report that the following amounts of money has been received by them since the 30th day of Septem- ber, 1858: Amount collected on tax list to repair school house, $20 00 for fuel, 15 00 " " for teachers' wages, 35 00 Which said sums have been expended as follows: March 16, 1859, paid G. H. for repairing school house, $15 75 April 10, 1-859, paid L. M. for fuel 14 73 June 1, 1859, paid 0. D. balance for teaching, 35 00 M. M., N. N., P.P., Trustees^ &c. 65 514 THE CLERK'S ASSISTANT. 3N"o. 3«. ANNUAL REPORT OF TRUSTEES FILED WITH TOWN CLERK. To School Commissioner of the District of the County ot Eeport of the Trustees of School District No , in the town of. . . .for the year ending September 30, 1860. FINJ^lNCLA.1^. 1. 2. 3. 5. 6. RECEIPTS. Balance on hand, October 1, 1859, after paying all ij rear- ages for previous school expenses, Amount apportioned to the district, including both teach- ers' wages and hbrary money, Amount received from the proceeds of gospel and ochool lands, whether rents, or the proceeds of a fund raistcu by the sale of such lands, Amount raised and to be raised by tax, for all school pur- poses, witliin the year, not including money so raised to pay expenses of a previous year, Amount raised and to be raised by rate bills, for expenses incurred within the year, not including money so raised to pay expenses of a previous year, Amount received from all olher sources, not before enu- merated, Total, . PAYMENTS. 8. For teachers' wages, including drafts on the Supervisors, and whatever may be due for wages earned, except in colored schools, previous to the 1st of October, I860. . . . 9. For Ubraries, including all moneys received from the Su- pervisor, or raised in the district for library purposes within the year, 10. For school apparatus, such as black-boards, globes, &c,. . . IL For colored schools, all expenses, for teachers' wages or otherwise, actually paid or due, 12. For expenses of school house, viz. : For site, " building school house, " hiring " " purchasing " " repairing and insuring school house, " fences, , " out houses, " furniture, (Total carried into outside column,) 13. For all other incidental expenses, viz. : For fuel and building fires, " salaries other than teachers'.. . . (Total carried into outside column,) 14, Amount remaining on hand October 1, 1860, after paying all debts incurred for school purposes, , 16. Total, Dollars. Cts SCHOOLS. 515 STATISTICAL. Number of licensed teachers employed at the same time for six months, between October 1, 1859, and Sepetmber 30, 1860, Number of children between the ages of four and twenty-one years, resid- ing in the district on the 30th day of September, 1860, as per schedule annexed Number of free schools within the district Number of private schools within the district (not including colleges, incor- porated academies or seminaries), Number of pupils attending such private schools The wliole time school was kept within the twelve months ending Septem- ber 30, 1860, was months and days. The time school was kept by teachers duly licensed was months and days. The names of the teachers employed, and the dates of the beginning and ending of the employment of each from October 1, 1859, to September 30 1860, and the authorities by whom they were licensed, are as follows : NAMES OF TEACHERS. DATE OF COM- MENCEMENT. DATE OF CLOSE OF SERVICE. BY WHOM LICENSED AND DATE OF LICENSE IF AFTER COMMENCEMENT OF SCHOOL. Number of children taught less than 2 months, "2 months and less than 4,. " 4 " " 6,. " 6 " " 8,. " 8 " " 10,. " 10 months and over, ...... Total Number of times the school was inspected by the School Commissioner,. . . Number of volumes in the district library, The school house is a building (the blank to be filled with log, frame, brick or stone, according to the fact). We, the undersigned, trustees of the school district for which the foregoing report is made, do certify that the said report is true in all respects, according to the best of our knowledge and belief; that the facts therein contained, that were not within our own personal knowledge, have been obtained from sources that we deem entirely rehable ; and that the number of children taught has been taken from the sworn hst of attendants at school, kept by the teachers. M. M., N. N^ P. P^ Trmtees of District No , Toum of. 516 THE CLERK'S ASSISTANT. Schedule showing the famihes and the number of children in each, between the ages of 4 and 21 years, within the district, on the 30th day of September, 1860. NAMES OF PARENTS OR GUARDIANS, NUMBER OF CHILDREN. TOWNS IN WHICH THEY RESIDE. NAMES OF PARENTS OR GUARDIANS. NUMBER or CHILDREN. TOWNS IN WHICH THEY RESIDE. No. a '7. COLLECTORS NOTICE TO PAY TAXES. The undersigned has received from the trustees of school district No. 4, town of Bern, the warrant and tax list to collect the sums therein specified from the persons therein named as liable to pay the same in said district, and all persons who pay their tax to me within two weeks from this date will be charged but one per cent fees, and five per cent will be collected from all per- sons who do not pay their taxes until after the expiration of said two weeks. M. E., Collector. Bern, July 16, 1860. ISO. 38. RETURN OF THE COLLECTOR. I hereby certify and return that by virtue of the foregoing warrant, I have collected the sum of $50, being the several sums thereon marked by me as paid, and that the following persons, to wit : L. 0. and S. N., have not paid the sums taxed against them, nor have I been able to find any property of the said L. 0. and S. N., upon which I could levy. Bern, July 16, 186U. M. E., Collector. No. tS&. collector's notice op levy and sale — collector's SALE. By virtue of a warrant and tax list issued, directed and delivered to me by the Trustees of school district No. 4, of the town of Bern, I have levied upon and taken the following described goods (name them) of 0. P., which I shall sell at public auction at the public house of M. P., in said town on the 30th day of July, 1860, at 10 o'clock a. m. Bern, July 16, 1860. M. E., CoUecior of School District No. 4. ISO. 30. VERIFICATION TO ACCOUNT OF DISTRICT OFFICER FOR COSTS TO BE REIMBURSED. Alhany County, ss. B. C, of said county, being sworn says, that he was collector of school district No. 4, in the tOM'n of Bern, in said county, from ... .to and that a suit was commenced against him in the Supreme (or Justices) Court by one J. U., for an alleged (state the causes of action) ; that said SCHOOLS. 517 action was decided in favor of {or against) this deponent; that the foregoing is a just and true account of his expenses and disbursements in said action, and tliat the same have been fully paid and discliarged by this deponent, and that this deponent is entirely free from blame in regard to tlie matters for which said action was brought. o^ B. C. Sworn, &c. No. 31. NOTICE INDORSED ON COPY ACCOUNT TO BE SERVED ON TRUSTEES. To M. M., N. K, and P. P., Trustees, &c. : Take notice, that an account of which the within is a copy, will be laid before the Board of Supervisors at their meeting on the 10th day of November, 1860, at their room in the City Hall, Albany, at the opening of their busmess on that day ; and that an application will then be made for an order requiring the amount of the said account to be paid by said school district. Yours, &c., B. C. Tuly 16, 1860. JSo, 33. CERTIFIED COPT OF THE ACTION OF THE BOARD OF SUPERVISORS. ■ At a meeting of the Board of Supervisors of the county of Albany, Novem- ber 10, 1860, a majority of said board being present, the following preamble and resolution was unanimously {or by a majority vote) adopted. Whereas, B. C, Esq., has made application to this Board for an order in regard to certain costs in an action, having been paid him in an action brought against him for cer- tain acts, alleged to have been done by him as Collector of school district No. 4, of the town of Bern, and the Trustees having been heard in relation to said claim, and due deliberation being thereon had, it was Resolved, That the sum of $50 be allowed the said B. C, as and for his costs and disbursements in said action, and it is hereby ordered, that the sanae be assessed upon and collected of the taxable inhabitants and property of said school district No. 4, in the town of Bern, in the same manner as other taxes of said district are by law assessed and collected, and paid to the said B. C. The foregoing is a correct copy of the minutes and of the whole of the minutes, having reference to the appUcation of B. C. M. C, Clerk of Board of Supervisors. November 12, 1860. 3Vo. 33. NOTICE INDORSED ON COPY ORDER SERVED ON TRUSTEES. Take notice, that the within is a copy of an order made by the Board of Supervisors of the county of Albany. ^ Yours, &c., B. C Bern, Nov. 13, 1860. To M. M., N. N., and P. P., Tustees, kc 518 THE CLERK'S ASSISTANT. No. 34. NOTICE BY CLEBK OF DrSTRICT TO OFFICERS OF THEIR ELECTION. To A. B. Esq. : Take notice, that at the annual meeting of school district No. 4, in the toxn of Bern, you was elected Trustee (or Librarian or Collector) of said school district to hold your oflBce for the period of one {or three) years. Yours, &c., • D. C, Clerk of the District, Bern, Oct. 11, 1859. (ov of said Annual Meeting). JXo, 30 NOTICE TO TOWN CLERK OF ELECTION 0» SCHOOL OFFICERS. To T. C. Esq., Town Clerk of Bern: Take notice, that the following persons were elected school officers for the school district No. 4, of said town of Bern, at a meeting held pursuant to notice in the school house in said district, on the second Tuesday of October, instant, at eight o'clock, p. m. ; for Clerk D. C. ; Librarian L. C. ; Collector C. C. ; and for Trustee M. M., to hold his office for three years, in place of M. P., whose term of office expires as Trustee. Yours, &c., D : C, Clerh of Annual Meeting of said District. Bern, Oct. 11, 1859. ICo. 36. librarian's book. BY WHOM TAKEN. no. of book. WHEN taken. when returned. CONDITION. John Jones. 88 1860, June 20. 1860, July 1. Good. OXo. 3-7. teacher's ABSTRACT OF ATTENDANCE OF SCHOLARS FOR THE TRUSTEES. The following is an abstract of the attendance of scholars at school district No. 4, town of Bern, for the year ending September, 30, 1859 : Scholars attended less than 2 months were .-5 ai/Luiiucu icoa tiic 4 UUUtUB wen and more than 2 months were 6 u (( a 4 II 8 u u it 6 u 10 il u a 8 (I O/^r^t Qr» 1 Qf;o 12 u (( (t 10 T. B., 11 • • • • Teacher. No. 38. VACANCY IN OFFICE OF TRUSTEE SUPPLIED. Whereas, A. B., sole Trustee (or one of the Trustees) of school district No. 4, in the town of Bern, departed tins hfe (or moved out of town or resigned) SCHOOLS. 519 on the third day of March, 1860, and the said school district has not supphed said vacancy, and more than one month has elapsed since the death (or resig- nation or removal) of the said A. B., I do hereby appoint C. D., an inhabitant of said district, a Trustee to fill the vacancy occasioned by the death (resigna- tion or removal) of the said A. B., to hold his office until the next annual election in said school district. Witness my hand this 5th day of April, 1860. M. v., Supervisor of the toum of Bern No. 30. LIBRARIAN OR COLLECTOR. Whereas, E. F., the late Clerk (or Collector or Librarian) of school district No. 4, in the tov?-n of Bern died (or resigned or moved out of the town) on the 10th day of June, 1860, whereby there is a vacancy in said office, we the Trustees (or a majority of the Trustees) of said school district do hereby appoint Gr. H., an inhabitant of said school district, and a legal voter therein, to hold the office of Clerk (or Librarian or Collector) until the next anaua/ meeting of said school district, in the place and stead of the said G H. deceased (or departed or resigned). Witness our hands this 20th day of June, 1860, at the town of Bern. M. M., N. N., P. P., JYustees, (&c. No. 40. APPEAL TO SUPERINTENDENT OF PUBLIC INSTRUCTION. To the Hon. V. D., Superintendent of Public Instruction : The undersigned, a taxable inhabitant, and a legal voter of school distric No. 2, in the town of Columbus, county of Chenango, hereby appeals to the Superintendent of Public Instruction from the decision (or order) of B. C, the School Commissioner, in Assembly District No. 2, in said county, which decision or order is as follows (give the order or decision appealed from) which said decision (or order) was founded and based upon the following papers (or facts) (set forth the papers or a clear statement of the facts in regard to which the decision or order was made). (If the facts are stated in the appeal in addition to the papers, then add the following affidavit :) Chenango County, ss. Q. Q., being sworn, says that he has read the fore- going appeal, and the papers therein referred to; that he is acquainted with the facts and circumstances set forth in the said appeal, and that the same are truly and correctly set forth, and occurred as therein described, and that the foregoing papers are true copies of the papers used on the hearing before the School Commissioner, in the above matter, Q. Q. Sworn, &c. 520 THE CLERK'S ASSISTANT. ISO. 41. NOTICE OF THE APPEAL. To E. v., Esq., School Commissioner of Assembly District No. 2, in the county of Chenango : Talce notice, that I have appealed from the decision (or order) made by you as within set forth, to the Superintendent of Public Instruction, and that the within are true copies of the appeal, and of all papers upon which said appeal is founded. Yours, &c., Q. Q. Columbus, July 17, 1860. Pfo. 43. PROOF OP SERVICE OF NOTICE OF APPEAL. Chenango County, ss. Q. Q., being sworn, says tliat on the 17th day of July, 1860, at Columbus, he served on E. V., Esq., within named, the within notice and papers, and such service was made by giving to and leaving with said B. V. true copies of each and all of said papers. . Q. Q. Sworn, &c. CHAPTER XXXVm. SHIPS AND VESSELS. The Registry Act of the United States, requires that upon every transfer of a registered ship, in whole or in part, to any other citizen, there shall be some instrument of writing in the nature of a bill of sale, which shall recite at length the certificate of registry, otherwise the ship shall be incapable of being regis- tered anew. This however does not invalidate the act of sale as between the parties, but leaves the contract to be decided accord- ing to the general principles of the common law. Every ship is to be registered anew upon every transfer, and unless so regis- tered she is not entitled to the privileges and benefits of a ship of the United States ; and the consequence of a non-registry is that the ship becomes a foreign ship. Whenever a new register is to be granted, the former certifi cate of registry is to be given up, except where it may have been destroyed, lost or unintentionally mislaid. But in cases of sale by process of law, if the former owners do not surrender up the register, the owners or purchasers may obtain a new register or enrollment upon complying with the conditions required in ordi- nary cases, excepting the delivery of the old register. Formerly the only way by which an owner of a vessel could pledge or hypothecate his ship to secure his creditors, was by a bond called a bottomry bond, in which he pledged the keel or bottom of his ship as a security for the repayments. But a bot- tomry bond was limited in its nature, as it could be given only to enable the owner or master to fit out the ship, or to purchase a cargo for a proposed voyage, and as the lender took part of the risk (for if the ship was lost, he lost his money, as he had no claim upon the borrower personally) he usually demanded exor- bitant rates of interest. 66 522 THE CLERK'S ASSISTANT. To remedy these evils, and for advantage to tlie owners of ves- sels, Congress in 1850, passed an act, authorizing the owners of vessels, to mortgage or hypothecate the same by an instrun^enl in writing, and to give notice of such mortgage or hypothecation, by having the bill of sale, mortgage, hypothecation, or convey- ance recorded in the ofiice of the Collector of Customs where such vessel is registered or enrolled. Such mortgage, when recorded, has a preference over all other liens subsequently created, except the lien by bottomry, created during her voyage, by a loan of money or materials necessary to repair or enable such vessel to prosecute such voyage. ! I FORMS. JVo. X. SALE OF REGISTERED VESSEL. To all to whom these presents shall come, Greeting : Know ye, that I, A. B., the sole owner of the ship or vessel called the Snipe, of the burden of fifty tons, or thereabouts, for and in consideration of the sura of $6,000 lawful money of the United States of America to me in hand paid, before the sealing and delivery of these presents, by C. D., of the city of New York, the receipt whereof I do hereby acknowledge, and am therewith fully satisfied, contented and paid, have bargained and sold, and by these presents do bargain and sell, unto the said C. D., his executors, administrators and assigns, the whole of the said ship or vessel, together with the mast, bowsprit, sails, boat, anchors, cables, and all other necessaries thereunto appertaining and belong- ing ; the certificate of the registry of which said ship or vessel is as follows, to wit : No In pursuance of an act of the Congress of the United States of Americaj entitled " An act concerning the registering and recording of ships or vessels,' having taken or subscribed the . required by the said act, and having that OwncF of the ship or vessel called the Qf - whereof is at present master, and is a citizen of the tfnited States, and that the said or vessel was And .'..*.' having certified that the said ship or vessel has deck and mast and that her length is , her breadth , her depth and that she measures ...tons; and that she is has and head: And the said [ having agreed to the description and admeasurement above specified, and sufficient security having been given according to the said act, the said . . ' has been duly registered at the port of Given under hand and seal at the port of this day of ........ in the year 18 ... . To have and to hold, the said granted, bargained and sold ship or vessel, and appurtenances thereunto belonging, unto him the said C. D., his e.xecutors, administrators and assigns, to the sole and only proper use, benefit and behoof of the said C. D., his executors, administrators and assigns, forever : And I, the said A. B., have and by these presents do promise, covenant and agree, for myself, my heirs, executors and administrators, to and with the said C. D., his heirs, executors, administrators and assigns, to warrant and defend the said 524 THE CLERK'S ASSISTANT. ship or vessel called the Snipe, and all the other before mentioned appurte nances, against all and every person and persons vrhomsoever. In testimony whereof, I, the said A. B., have hereunto set my hand and seal, this 21st day of July, in the year of our Lord 1860. A. B. [L. s.] Sealed and dehvered in the presence of E. F. I«fo. S. SALE OF ENROLLED VESSEL. To all to whom these presents shall come, Greeting : Know ye, that I, A. B., being the sole owner of the ship or vessel called the Spray, of the burden of seventy-five tons, or thereabouts, for and in consideration of the sum of $15,0u0 lawful money of the United States of America, to me in hand paid before the sealing and delivery of these presents, by C. D., of the city of New York, the receipt whereof I do hereby acknowledge, and am therewith fully satisfied, contented and paid, have bargained and sold, and by these pre- sents do bargain and sell, unto the said C. D., his executors, administrators and assigns, the whole {or one-half) of the said ship or vessel, together with the mast, bowsprit, sails, boat, anchors, cables, and all other necessaries thereunto appertaining and belonging. The certificate of the enrollment of which said ship or vessel is as follows, to wit : PERMANENT. No Enrollment, in conformity to an act of the Congress of the United States of America, entitled " An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same." having taken or subscribed the required by said act, and having that citizen, .of the United States, owner, .of the ship or vessel called the of whereof is at present master, and as he hath. is a citizen of the United States, and that the said ship or vessel was built at And having certified that the said ship or vessel has. . . .deck, .and. . . .mast, .and that her length is , her breadth her depth , and that she measures tons, and that she is square sterned has no galleries, and head : And the said having agreed to the description and admeasurement above specified, and sufficient security having been given according to the said act, the said has been dul}^ enrolled at the port of Given under . . . .hand and seal at the port of this day of in the year 18 . . . To have and to hold the said ship, vessel, and appurtenances thereunto belonging, unto him the said C. D., his executors, administrators and assigns, to the sole and only proper use, benefit and behoof, of him the said C. D., hia executors, administrators and assigns, forever : And I, the said A. B., have and by these presents do promise, covenant and agree, for myself, my heirs, snirs AND vessels; 525 executors ana ailiniuistrators, to and with the said C. D., his heirs, executors, administrators and assigns, to warrant and defend the said ship, or v( ssel and all the other before mentioned appurtenances, against all and every person and persons whomsoever. In testimony, &c. (as in the last form). JXo . 3 . MORTGAGE ON VESSEL. Know all men by these presents, that I, A. B., am held and firmly bound unto C. D., in the just and full sura of $4,000, lawful money of the United States of America, to be paid to the said C. D., his executors, administrators or assigns : for which payment well and truly to be made, I bind myself, my heirs, executors and administrators, firmly by these presents. Dated at New York, this 21st day of July, in the year 1860. Whereas, the said C. D. has this day lent and advanced unto the said A. B. the sum of $2,000, on the body, tackle and appurtenances of the ship or vessel called the Spring, of the burden of sixty tons, or thereabouts; the said A. B. being the sole owner of said ship or vessel called the Spring. Now the condition of this obligation is such, that if the said A. B. shall pay or cause to be paid to the said C. D. the sum of $2,000 (the amount loaned), and interest thereon in three years from the date hereof, interest at seven per cent per annum, payable semi-annually, then this obligation to be void; other- wise, to remain in full force and virtue. And in consideration of, and as security for said loan as aforesaid, the said ship or vessel is by these presents assigned, pledged, mortgaged, set over and conveyed to the said 0. D., his heirs and assigns ; the certificate of the enrollment of which vessel is as follows, viz. . No Enrollment in conformity to an act of Congress of the United States of America, entitled " An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same." having taken or subscribed the required by the said act, and having that • owner . of the ship or vessel called the of whereof is at present master, and is a citizen of the United States, and that the said ship or vessel was built at '• • • And ■ 'a'\'\ having certified that the said ship or vessel has . . deck . . and . . .mast . . and that her length is her breadth ' her depth , and that she measures tons, and that she is and .head: And the said having agreed to the description and admeasurement above specified; and sufficient security having been given according to the said act, the said has been duly enrolled at the port of Given under hand and seal at the port of this day ot in the year 18 . . . r • i It being mutually understood and agreed, that in case the amount of said loan and interest, or any part thereof, according to the terms of these presents, shall remain due and unnaid to said C. D., his heirs, executors or assigns, after the expiration of said three years, the said C. D., liis heirs, executors or s.ssigns, may take possession of said ship or vessel, and appurtenances, and sell the same at public auction, in order to satisfy the amount then due, withovit any proceedings in court or otherwise, for the purpose of authorizing such sale, 526 THE CLERK'S ASSISTANT. and thereupon may execute and deliver a sufficient'bill of sale to transfer com- pletely to any purchaser or purchasers all title and property in and to the said ship or vessel, and appurtenances of the said A. B., as sole owner thereof, novy belonging. The said C. D. thereupon to account to the said A. B., his heirs, executors or assigns, for any surplus of such sale, after paying all charges and expenses. And in case of such sale as aforesaid, the said A. B., his executors, administrators or assigns, shall, whenever thereto requested, make, execute and deliver to such purchaser or purchasers, another bill of sale of said ship or vessel and appurtenances, in which the enrollment shall be recited as above, for the transferring completely to said purchaser or purchasers, all the right, interest, and claim of said A. B., his executors, administrators or assigns, as sole owner, of said ship or vessel, and in default of the prompt execution and delivery of such other bill of sale to such purchasser or purchasers, by the said A. B., when thereto requested, the said 0. D. is hereby constituted and appointed the legal attorney of the said A. B., for the purpose of making, executing and dehvering such bill of sale ; and the said A. B. hereby ratifies and confirms the act of the said 0. D., as his attorney for said purpose. And it is hereby further agreed, that insurance shall be made at some office in the city of New York, on the said ship or vessel, for the security of the said 0. D., to an amount not less than the sum loaned as aforesaid, and the said C. D., is hereby authorized to procure such insurance, at the expense of the said A. B., if not seasonably obtained by said A. B. A. B. [l. S.J Signed, sealed, and delivered, ) in presence of ( G. H. No. 4. JiLiRINE PROTEST. State of New York, City and County of New York, ss. To all People to whom these presents shall come or may concern : I, A. B., a public notary in and for the State of New York, by letters patent, under the great seal of the said State, duly commissioned and sworn, dwelling in the city of New York, send Greeting: Know ye, that on the. . . .day of. . . .in the year 18. ., before me appeared C. D., of the brig called the Home, and noted in due form of law with me the said A. B., his protest for the uses and purposes hereinafter men- tioned ; and now at this day,, to wit, the day of the date hereof, before me, the said notary, at the city of New York aforesaid, again comes the said 0. D., and requires me to extend his protest, and together with the said 0. D. also come E. F. and Gr. H., belonging to the aforesaid brig, all of whom being by me duly sworn on the holy evangelists of Almighty God, voluntarily, freely and solemnly do declare and depose as follows, that is to say, that he the said C. D. set sail and departed in and with the said brig called the Home as master thereof from the port of Liverpool in England, having on board the said brig a cargo of and bound for the port of , that the said brig was then stout, staunch and strong : had her cargo well and sufficiently stowed and secured; was well masted, manned, tackled, victualed, appareled and appointed ; and was in every respect fit for sea and the voyage she was about to undertake ; that after the said brig had been at sea twenty days (detail the circumstances attending the injury of the vessel, whether by collision or storms). And the said 0. D. further says, that, as all the damage and injury which already has or may hereafter appear to have happened or accrued to the said brig or her said cargo, has been occasioned solely by the circumstances herein- SHIPS AND VESSELS. 527 before stated, and cannot and ought not to be attributed to any insufficiency of the said C D., or default of him, this dejjonent, his officers or crew ; he now requires me, the said notary, to make his protest and this public act thereof, that the same may serve and be of full force and value, as of right shall appertain. And thereupon the said C. D. doth protest, and I, the said notary, at his special instance and request, do, by these presents, publicly and solemnly protest against winds, weather and seas, and against all and evfiy accident, matter and thing, had and met with as aforesaid, whereby or by means whereof the said brig or her cargo, already has, or hereafter shall appear to have suffisred or sustained damage or injury, for all losses, costs, charges, expenses, damages and injury which the said brig or the owner or owners of the said brig, or the owners, freighters or shippers of her said cargo, or any other person or persons interested or concerned in either, already have or may hereafter pay, sustain, incur or be put unto, by or on account of the premises, or for which the insurer or insurers of the said brig or her cargo is or are respectively Hable to pay or make contribution or average according to custom or their respective contracts or obligations ; and that no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him, the said C. D., his officers or crew. Thus done and protested in the city of New York, this .... day of. ... , in the year 18. . In testimony whereof, as well the said appearers, as I, the notary, have sub- scribed these presents, and I have also caused my seal of office to be hereunto affixed, the dav and year last above written. A B., [l. s.] Notary Public CHAPTER XXXTX. STRAYS. Whenever any person shall at any time have any strayed horse upon his inclosed lands, or shall have any strayed neat cattle or sheep upon his inclosed lands, between the 1st day of April and 1st day of November, he shall within ten days after the coming of the stray thereon, deliver to the clerk of the town within which such lands shall be, a note in writino: containingr his own name and place of abode, and the age, color and marks, natural and artificial, of each stray, as near as may be. Unless such notice is given within the ten days the person upon whose grounds the strays are found, cannot recover any compensation for keeping. The town clerk is to enter such receipt in a book for which, on entry, he is to receive six cents each for horses and neat cattle, and three cents each for sheep. The book in which such entries are made is to be always open for inspection without charge. The person delivering the note is entitled to receive nine cents each for all neat cattle and horses, and three cents each for sheep, describ- ed in the note ; and he may detain the strays till the owner pays such fees, and the fees by him paid the clerk, and such reasonable charges for keeping the strays as shall be ascertained and fixed by two of the fence viewers of the town, to be selected by the person claiming the same, in case he and the owner of the stray cannot otherwise agree. If the strays are not claimed before the first day of May, then the person having charge of such strays between the first and the twentieth days of May, is to call on the fence viewers of the town who shall ascertain, according to the best of their knowledge and judgment, the reasonable charges of keeping such stray, and shall give a certificate thereof to the person applying for the same ; and the person who shall have delivered such note and kept such stray, may proceed to sell the same by public auction to the highest bidder. For this purpose, he shall give at least STRAYS. 529 twenty days' notice of the time and place of such sale, by advertisement, to be posted up at three of the most public places in the town where the strays shall have been kept. Out of the moneys arising on the sale of such strays, the various fees and charges above specified are to be paid, including such charges as are allowed on sales under executions from Justices' Courts ; and the residue of the money is to be paid to the owner of the strays, if he demand the same. If the owner does not appear and demand the residue of the money, within one year from the day of sale, he shall be forever precluded from the same, and it is to be paid to the Supervisor for the use of the town, his receipt being a legal discharge to the keeper of such strays. Unless the residue of such money is paid to the Supervisor, within thirty days after the expiration of the year, the person who shall have sold the strays shall forfeit double the sum so remaining in his hands, together with the amount of such residuary moneys. It shall not be lawful for any cattle, horses, sheep and swine to run at large in any public highway in this State. Any per- ison may seize and take into his custody and possession, any animal which may be in a public highway, and opposite to land owned or occupied by him, contrary to the provisions of the statute. The person taking possession of such animal is to give immediate notice thereof to a justice of the peace, or a com- missioner of highways, of such town ; and such justice or commissioner is to give notice, by affixing the same in six public and conspicuous places in said town, one of which shall be the district school house nearest the residence of such justice or commissioner, that such animal will be sold at public auction, in some convenient place in said town, not less than fifteen nor more than thirty days from the time of affixing such notice. Any person entitled to the possession of sucli animal, may demand possession thereof before the day of sale, and on paying the fees, may take the same. But if no person claims posses- sion, then the animal is to be sold at public auction ; and the owner of such animal may, in one year from tlie sale, demand the surplus arising from such sale, over and above the fees and expenses incurred. If not so demanded, it is to be paid to tho supervisor for the use of the town. (Laws of 1862, chnn. 450.) 67 FORMS. NOTICE OF STRAYS FOR THE TOWJf CLERK, To all persons whom it may concern ; Take notice, that on the 20th day of November, 1859, one yoke of work- ing oxen, of a red color, with a white spot in the forehead of each, and the left hind foot of each one white, and having on brass buttons, strayed upon my inclosed lands in the town of Knox, where I reside, and now remain there. ■^ B. B. Knox, November 22d, 1859. NOTICE OF SALE — STRAY NOT REDEEMED. Take notice, that whereas, on the 20th day of November last past, there strayed on to my inclosed land in the town of Knox, one yoke of working oxen, of a red color, with a white spot in the forehead of each, and the left hind foot of each one being white, and the same not having been redeemed by the owner thereof; now, in pursuance of the statute in such case made and provided, I shall expose the same for sale at public auction, to the highest bid- der, on the day of next {or instant), at 12 o'clock noon, in front of the town house in said town of Knox. B. B. Dated the. .. .day of , 1860. JSo. 3. CERTIFICATE OF FENCE VIEWER. I, Gr. C, Fence Viewer of the town of Knox, hereby certify that B. B. is entitled to receive from the owner of the yoke of oxen which came on to his inclosed lands in said town, the sum of $25 as his reasonable charges for keeping the same from the. . . .day of. . . ., 18. ., to the. . . .day of. . . ., 18. ., and that my fees in this matter amount to $ ... . G. C, Fence Viewer Knox, May 20, 1860. STRAYS. 531 RECEIPT OF SUPERVISOR. Knox, June 3, 1860. Received of B. B., $65, being, as he alleges, the residue of the proceeds of sale of certain oxen, after deducting the fees, charges and expenses of notice, keeping and sale, said oxen having been advertised and sold by him at public auction, as strays, in accordance with the provisions of the statute, on the day of , 18 . .. S. T., Supervisor of the Town of Knox. No. O. NOTICE OP SALE OF ANIMALS STRAYING ON THE HIGHWAY. To all persons whom it may concern : Take notice, that on the day of , 186. (describe the animal), was seized and taken by A. B., found by him running at large in the public highway, opposite to land owned (or occupied) by him, in town of , county of , and State of New York, contrary to the provisions of the act, entitled " An act to prevent animals running at large in the public highways," passed April 23, 1862, and due notice of such seizure having been given by him to the subscriber, a of said town, in accordance with said act : Notice is therefore hereby given, that said animal will be sold at public auction, to the highest bidder, at , in said town, on the day of , 186., at . . o'clock in the noon, pursuant to the pro- visions of the act aforesaid. M. N., Justice of the Peace. « (Or, Commissioner of Highways.) Dated the .... day of , 18. .. CHAPTEE XL. TAXES. All lands and all personal estate within this State, whether owned by individuals or by corporations, shall be liable to taxa- tion, except the following ; 1. All property, real or personal, exempted from taxation by the Constitution of this State, or under the Constitution of the United States. 2. All lands belonging to this State or the United States. 8. Every building erected for the use of a college,, incorpo- rated academy or other seminary of learning ; every building for public worship, every school house, court house and jail ; and the several lots whereon such buildings are situated, and the fur- niture belonging to each of them. 4. Every poor house, alms house, house of industry, and every house belonging to a company incorporated for the refor- mation of offenders, and the real and personal property belong- ing to, or connected with, the same. 5. The real and personal property of every public library. 6. All stocks owned by the State, or by literary or charitable institutions. 7. The personal estate of every incorporated company not made liable to taxation on its capital by statute. • 8. The personal property of every minister of the gospel, or priest, of any denomination ; and the real estate of such minister or priest, when occupied by him, provided such real and per- sonal estate do not exceed in value one thousand five hundred dollars. 9. All property exempted by law from execution. TAXES. 533 Where the real and personal estate of a minister or priest ex ceeds the value of one thousand five hundred dollars, that sum shall be deducted from the value of his property and the residue shall be liable to taxation. Personal property is to be taxed in the town or ward where the •owner lives. Unoccupied lands in the town or ward where they are situated, when the boundary divides the tract or farm. But if the farm or tract divided by a boundary line be occupied, it is to be assessed where the occupant resides. The assessors prepare the assessment roll, arranging it in four separate columns, as follows : 1. In the first column, the names of all the taxable inhabi- tants in the town or ward, as the case may be. 2. In the second column, the quantity of land to be taxed to each person. 3. In the third column, the full value of such land, according to the definition of the term land as given in the statute in regard to taxes. 4. In the fourth column, the full value of all the taxable per- sonal property owned by such person, after deducting the just debts owing by him. The assessment roll is to be completed on or before the first of August in each year, and notice is to be given when the Asses- sors will meet, to hear and examine in regard to complaints of any persons deeming themselves aggrieved. After completing the roll the Assessors are to annex thereto their afiidavit, and the roU so certified, on or before the first day of September, is to be placed in the hands of the Supervisor. The Board of Supervisors are to examine and correct the assessment rolls, have a copy of the same made, to which is to be appended their warrant for collection, and it is then to be placed in the hands of the collector. By the warrant he is direc- ted to collect the moneys therein named, and to pay to the Su- pervisor of the town the amount raised therein for common schools, and to defray town expenses; to the Commissioners of Highways the amount raised for the supp9rt of highways and bridges ; to the Overseers of the Poor the amount raised for the support of the poor; and to the Treasurer of the county the 3esi(hio of the monevs to be raised. 534 THE CLERK'S ASSISTANT. The Collector on receiving the warrant is to post a notice in five public places in the town or ward, stating where he will attend from 9 o'clock A. M. to 4 o'clock p. M., at least once in each week for thirty days to receive taxes ; and he is not entitled to receive more than one per cent fees on taxes paid within the thirty days ; except in cases where the amount to be collected when the warrant is put into his hands does not exceed the sum of two thousand dollars, and in such cases he is to receive two per cent fees. After the thirty days he is to proceed to collect the unpaid taxes, and when necessary by the levy and sale of the goods and chattels of the person who ought to pay the same. On all taxes collected after the thirty days, he is entitled to receive five per cent fees for collecting. If any taxes in the list remain unpaid, and the Collector shall not be able to collect the same, he shall return an account of the taxes so rerftaining due to the County Treasurer of the county, with his afiidavit annexed thereto, that the sums mentioned in such account remain unpaid, and that he has not, upon diligent inquiry, been able to discover any goods or chattels, belonging to, or in the possession of the persons charged with, or liable to pay such sums, whereon he could levy the same ; and the County Treasurer is authorized to issue his warrant to any Constable or Sheriff of the county where the person resides who should pay the same, to collect the same out of the personal property of such person. The County Treasurer, on receiving from the Collector the account of unpaid taxes, is to compare the same with the original assessment roll, and if he finds it correct, he is to transmit the account and Collector's affidavit to the Comptroller, with the cer- tificate that he has compared the account with the entries of the same taxes in the original assessment roll, and has found the same to be a true transcript of such roll. Any person whose lands are assessed, may pay his assessment to the Treasurer of the county, provided such payment be made to the County Treasurer before he shall have made his annual return of arrears of taxes to the Comptroller; after such returns, the taxes are to be paid to the Comptroller provided they are paid before the lands are sold- TAXES. 535 Whenever the tax ou lands returaed to the Comptroller remain Liiipaid for two years from the first day of May after the same was assessed, the Comptroller may proceed to sell the lauds, to pay such tax. He is to make out a list of all lands to be sold, and send copies of such list to the several County Treasurers, in sufficient num- ber that he may have five copies for himself, and two copies for each Town Clerk in the county, and the lands of each county which are to be sold are to be advertised, for the space of ten weeks prior to the commencement of the sale in each of the papers, in such county, as are designated by the Board of Super- visors for publishing the session laws. The Comptroller sells the whole or so much of each parcel as shall be sufficient to pay the tax : and gives to the purchaser a certificate, specifying the amount sold, and the price paid for the same. If no person redeem the lands within two years from the day of sale, the Comptroller shall execute and deliver to the holder of the certificate a conveyance of the real estate so sold. Any person having an interest in the lands so sold for taxes may redeem the same or any part thereof, at any time within two years from the day of sale by the Comptroller. Whenever any lot or separate tract of land shall at the time of the expiration of the two years given for redemption thereof be in the occupation of any person, the grantee under the tax sale, or the person claiming under him, shall serve a written notice on the person occupying such land, within two years from the expiration of said time to redeem, stating in substance the sale and conveyance, tlie person to whom made, and the amount of the consideration money mentioned in the conveyance, which with the addition of thirty-seven and a half per cent on such amount, and a further addition of the sum paid for the deed, shall be paid into the Treasury for the benefit of such grantee within six months after the time of filing in the Comptroller's office the evidence of the service of the said notice, or the said conveyance will become absolute, and the occupants and all others interested in the land, be forever barred from all right or title thereto. If the land sold for taxes is mortgagod, the purchaser should aive the mortgasjee notice of such sale, and that he could redeem 536 THE CLERK'S ASSISTANT. the lands; and if the mortgagor redeems be has a lieu ovei against the mortgagor for the amount paid and interest. Where the sale is for any cause invalid, or there is a misde- scription of the land, so that it cannot be located, the ComptroL ler may cancel the sale and refund the money paid for taxes. For several of the cities and villages of this State, slight modi- lications have been made in some of the preceding provisions, as in the city of New York, the sale for taxes is made by the city Comptroller, and in the city of Albany, they are made by the Chamberlain. The Assessors are also to include in their assessment roll, the names of all persons in their assessment districts between the ages of eighteen and forty-five years, liable to be enrolled by the laws of the United States, and such persons as are not exempt from military duty are to pay a commutation fee of fifty cents, which is to be collected by the Collectors in the same manner as taxes are collected. FORMS. ISO. 1 NOTICE OF COMPLETION OF ASSESSMENT. Notice is hereby given, that the Assessors of the town of Knox, have finished their assessment roll for the present year, and a copy of the same is left with A. B., one of the undersigned, at his office, where the same may be seen or examined by any of the inhabitants of said town, during twenty days from the dateof this notice, at any time between the hours of 9 a. m., and 8 p. M., and the undersigned assessors will meet at the office of said A. B. in said town, on the day of.. .,18.., at 9 o'clock in the forenoon to review their assessments, on the application of any person conceiving himself aggrieved. Knox, the.... day of. . . ., 18.. A. B., C. D., K F.. Assessors. iVo. »• ASSESSMENT ROLL. Assessment Roll of the town of Knox, for the year 1860. TAXABLE IN- HABITANTS. A. B. NO. OF ACRES LAND TAXED. GOO. VALUE OF LAND TAXED. $3,000.00. VALUE OF PER- SONAL ESTATE. S4,000.00. MILITARY ROLL. $0.50. AMOU.N'T OF TAX. IVo. 3. ASSESSMENT ROLL OF NON-RESIDENTS. Assessment Roll of the town of Cliazv for the year 18G0. KAME OF TRACT OR PATENT NO. LOT. t! PART. NO. SEC- TION. NO. OF 'no. TOWNSHIP HANOK. NO. ACRES. VALCATIOK Ox Bow Tract. South 8 15 ■■i cm $:}Cto.OO n 538 THE CLERK'S ASSISTANT. Pfo. 4. OATH OF ASSESSORS ON ASSESSMENT ROLL. State of New York, County of Albany, ss. We, the undersigned, do severally depose and swear that we have set down in the foregoing assessment roll all the real estate situated in the town of Knox, in said county, according to our best information, and that, with the exception of those cases in which the value of the said real estate has been changed by reason of proof produced before us, we have estimated the value of the said real estate, at the sums which a majority of the assessors have decided to be the full and true value thereof, and at which they would appraise the same in payment of a just debt due from a solvent debtor; and also that the said assessment roll contains a true statement of the aggregate amount of the taxable personal estate of each and every person named in such roll, over and above the amount of debts due from such persons respectively, and excluding such stock as are otherwise tax- able, and such other property as is exempt by law from taxation, at the full and true value thereof, according to our best judgment and belief. A. B. CD. E. ¥. £ certify that foregoing was severally subscribed and sworn by said Assessors before me this .... day of , M. P., Justice of the Peace. OATH OF ASSESSORS TO THE MILITARY ROLL. County of Clinton, Town of. . . ., ss. The undersigned Assessors of the town of. . . ., in the county of Clinton, being severally sworn, say that they have made strict and diligent inquiry, to ascertain the names of all persons required to be enrolled, as liable to military duty by the laws of the United States, residing in said town of. ... ; that the roll hereto annexed, is, as near as these deponents can ascertain, a correct roll of all persons residing in said town who are liable to be enrolled. Severally subscribed and sworn before ) me this .... day of . . . . 18 . , ) A. B., C. D., E. R, Assessors. M. P., Justice of the Peace. I«fo. 6. collector's bond. Know all men by these presents, that we A. B., C. D. and E. P., of , in the county of , are held and firmly bound unto G. H., Supervisor of the town aforesaid, and to his successor or successors in office, in the penal sum of §4,000 (double the amount named in the Collector's warrant) to be paid to the said G. H., or to his successor or successors in office ; to which pa^-ment well and truly to be made, we bind ourselves, our heirs, executors ana admm- istrators jointly and severally, firmly by these presents. Sealed \>ith our seals and dated this. . . .day o?. . . ., 18. . TAXES. 539 The condition of this obhgation is such, that whereas the said A. B., ha3 been chosen, or appointed collector of said town and has received (or will re- ceive) the assessment roll of said town, ibr the purpose of collecting the taxes therein named (amounting to the sura of $2,000) ; now, therefore, if the said A B., shall faithfully execute the duties of said collector, then this obligation to be void, otherwise to remain in full force and virtue. A. B. [l. s.] C. D. [u s.] E. F. |L. s.] collector's warrant. State of New York, County of Albany, ss. The People of the State of New York to A. B., collector of the town of Knox, in said county : You are here- by commanded to receive and collect from the several persons named in the assessment roll, hereunto annexed, and herewith delivered to you, the several sums mentioned in the last columns thereof opposite to their respective names (also collect the sum of 50 cents, as conmiutation tax, from every peison ap- pearing by said assessment roll liable to i>ay the same; and when the name of any person between the ages of eigliteen and twenty-one years shall ap- pear in said roll liable to pay said commutation tax, you are hereby further directed to collect the said sum of 50 cents of the father, master or guardian with whom such person shall reside, or out of any property such minor may have ia the town). And on all sums of taxes received or collected within thirty days after giving the notices required by the 29th section of the act of May iOth, 1845, chapter 180, and the acts amending the same, you are direct- ed to receive and collect, in addition to the taxes named in the said assessment roll, one cent (or two cents), on every dollar of tax, for your fees for collect- ing the same. And on all sums of taxes remaining unpaid after the expira- tion of thirty days from posting the notices specified in said act, you are di- rected to receive and collect in addition to the said tax so remaining unpaid, five cents on every dollar for your fees for collecting the same, and you are hereby directed out of the moneys so collected to pay on or before the day of ,18.. To the Commissioner of Highways of said town the sum of (insert here a lull direction as to what officers the moneys are to be paid and the amount to be paid to each). And in case any person named in said assessment roll shall neglect or re- fuse to pay his taxes or the fees for collecting the same (after giving the notices and waiting the thiie specified in the statute), you are hereby authorized to levy ai;d collect the said taxes and fees as aforesaid, by distress and sale of the goods and chattels of such person, together with the costs and charges of such distress and sale; and for so doing this shall be your sufficient warrant. Given under the hands and seals of the undersigned, the Board of Super- visors of the county of , at , the .... day of , 18 . . N. P., [l. a] G. a, |L. s.] Supervisors. No. 8. COLLECrOn's NOTICE THAT HE IS READY TO RECEIVE TAXES. The taxable inhabitants of the town of. . . .will take notice that the under- signed collector of taxes in and for said tov.m has received the warrant for tho 540 THE CLERK'S ASSISTANT. eoUection of the taxes for the present year, and will attend at , in said town, on Tuesday of each week for thirty days from the date hereof, from 9 o'clock in the forenoon until 4 o'clock in the afternoon, for the purpose of receiving payment of taxes. C. C, Collector. Dated the .... day of 18 . . . ACCOUNT OF UNPAID TAXES TO BE TRANSMITTED TO COMPTROLLER Accounts of unpaid taxes of the year 1859, on lands of non-residents in the town of , in the county of NO. OF LOT. NAME OF TRACT. NO. OF ACRES. VALUATION. AMOUNT OF TAX INCLUDING FIVE PER CENT FOR FEES. 225. Ox Bow. 450. $450 00. $5 20. jXo. lO. COLLECTORS AFFIDAVIT OF UNPAID TAXES. County of Town of , ss. A. B., being duly sworn, says, he is collector of taxes for said town of ; that the foregoing is a true account of the taxes remaining unpaid upon the assessment roll of said town for the year 1859 ; that the sums mentioned in such account remain unpaid ; and that he has not, upon diligent inquiry, been able to discover any goods or chattels, belonging to, or in possession of the persons charged with or hable to pay such sums, whereon he could levy the same. A. B. Sworn before me this . , . . ) day of , 18.., \ P. P., Treasurer of County of JN^o. XI. COUNTY treasurer's CERTIFICATE TO COLLECTOR'S RETURN. County of , [ Treasurer's Office. ) I certify, that the preceding is the account of unpaid taxes for the year 1859, delivered to me by A. B., Collector of taxes of the town of , in said county; that I have examined and compared the same with the original assessment roll of said town for said year, and found the same to be in al] respects a true transcript from such roll. P. P., County Treasurer. Dated at , the day of , 18.. TAXES. 541 3N"o. 13. NOTICE OF I.EVT AND SALE BV COLLECTOR. Take notice, that by virtue of a Collector's warrant, to me delivered, T have levied upon and taken the following goods and chattels of P. Q. (insert list of articles taken), which I shall sell at public auction at the dwelling house of L. M., in the town of. . . ., on the day of 18. ., at 10 o'clock in the fore- noon cf that day. A. B., Collector, Dated at. . . ., the . . . day of. . . ., 18. . r>ro. X3. collector's affidavit that incorporated company has not paid tax. Albany City and County, ss. A. B., of the town of Bern, in said county, being sworn, says that on the . . .day of January, 18. ., he demanded of the President (or Treasurer) of the " Agawam Company " the sum of $2G, the amount of tax assessed upon said company ; and the President (or Cashier) of said company did then and divers times since has refused to pay said tax or any part thereof assessed on said company ; and said company has no personal property from which said tax could be levied. A. B. Sworn, &c. 3yo. 14, affidavit to reduce tax on real estate. Albany County, ss. P. 0., of the town of Bern, in said county, being sworn, says that the value of real estate which is assessed to him on the assessment roll of said town, for the year 18. ., being two hundred acres, and estimated on said roll to be valued at $10,000 does not exceed in value $8,000. P. 0. Sworn before me this. . . . ) day of. ..., 18.. \ A. B., Assessor of the Town of.,,. JVo. XCS. affidavit to reduce t^vx on personal estate. Albany County, ss. 0. P., of the town of Knox, in said county, being sworn, says that the value of the personal estate owned by him, does not ex- ceed the sum of $ (or amounts to nothing), after deducting his just debts (and his property invested in incorporated companies liable to taxation). 0. P. Sworn, &c. HV o. 16. WARRANT OF COUNTY TREASURER TO COLLECT TAX, The People of the State of New York to any Collector (or to the Sheriff) of the county of. . . ., Greeting: You are hereby commanded to make of the goods and chattels of M. M. in your county, the sum of §33, being the amount assessed to the said M. M in 542 THE CLERK'S ASSISTANT. the town of Fonda, county of Montgomerj', under and in pursuance of the provisions of an act entitled "An act to equalize taxation," passed May 13 1846, and of the several acts passed amendatory of the same, together with $1 foi this warrant; and if sufficient goods and chattels cannot be found in your county to make the said sums of money, then you are required to levy and make the same of the real estate and chattels real of the said M. M. of which he was seised at the time this warrant came to your hands; and you are to return this warrant, and to pay over the moneys collected by virtue thereof to the undersigned, the Treasurer of the county of Montgomery, on or before the day of , 18.. P. P., Treasurer of Montgomery County. No. XT. NOTICE TO OCCtJPANT OF LAND SOLD AT TAX SALE. To A. B.: Take notice, that at a sale of lands for taxes, made by the Comptroller of the State of New York, at the Capitol in the city of Albany, in the month of November, 18. ., M. M. purchased a lot, piece or parcel of land, described as follows, to wit : (description), for which he paid $20 consideration money, which lot or piece of land I understand you reside upon or occupy, or have in your possession. Also please to take notice that the Comptroller did on the . . . .day of , A. D., 18. ., convey to M. M. the aforesaid described piece or lot of land, by deed, for the consideration above expressed ; and unless the said consideration money, with the addition of 37| per cent, and 50 cents for the Comptroller's deed, shall be paid into the office of the Treasurer of the State of New York, for the benefit of such grantee, within six months after evidence of the service of this notice is filed in the Comptroller's office, the conveyance of the Comptroller will become absolute, and the occupant or occupants, and all others interested in the said lands, be forever barred firom all right or title thereto. ♦ Yours, &c., M. M. o Dated A. D. 18. ISO. X8. PROOF OF SERVICE OF NOTICE ON OCCUPANT. State of New York, Albany County, ss. I, N. P., being duly sworn, de- pose and say, that I did, on the. . . .day of , 18. ., serve a copy of the above notice on A. B. personally (or by leaving the same at the dwelling house of the said A. B. with a person of suitable age and discretion belonging to his family) who was the occupant and had the possession of said lot ; and that I examined said lot, and inquired whether there was any other occupant on said lot, and could not ascertain that there was any, and believe that there was no other occupant on said premises. N. P. Albany City and County, ss. I certify, that the above named N. P. came before me, this 27th day of July, 1860, subscribed his name to the above affi- davit, and swore that its contents were true. A.nd I also certify that I am well acquainted with the said N. P., and know him to be a man of credibihty and would place the fullest confidence in all representations made by him, as a man of truth and veracity. S. S., Commissioner of Deeds. Dated this 27th day of July, 1860. CHAPTER XLI. . TOWN OFFICERS. The town meetings of the several towns in this State are to be held on some day between the first day of February and the first day of May in each year, to be appointed from time to time by the Boards of Supervisors, so that the town meetings of every town in the same county shall be held on the same day. There shall be- chosen at the annual town meeting in each town, one Supervisor ; one Town Clerk ; three Assessors ; one Collec- tor; one or two Overseers of the Poor; one or three Commis- sioners of Highways ; not more than five Constables ; one Town Sealer of Weights and Measures; so many Pound Masters as the electors may determine ; and as many Overseers of High- w*ays as there are road districts in the town. The electors of each town shall have power at their annual town meeting to determine whether they will choose one or two Overseers of the Poor ; whether there shall be chosen one or three Highway Commissioners ; what number of Constables and Pound Masters shall be chosen ; to elect such Town Officers as may be required to be chosen; to make provisions for the destruction of noxious weeds ; to establish and maintain pounds ; to establish compensation of Fence Viewers ; to establish rules and regulations for ascertaining the sufficiency of fences; for determining the times and manner in which cattle, horses or sheep, shall be permitted to go at large on highways ; and for impounding animals ; to buy sites for and to build town houses ; and to take measures and give directions for the exercise of the corporate powers of the towns. The Justices of the Peace of each town are to attend and pre- side at every town meeting, and the presiding officer has authority 544 THE CLERK'S ASSISTANT. to preserve order, to enforce obedience, and to commit for dis- orderly conduct. If there be no Justice present then a mode- rator is to be chosen to preside. Vacancies in all town of&ces, except office of Supervisor, Over- seer of the Poor, Collector, or Overseer and Commissioner of Highways shall be supplied by appointment under the hands and seals of three Justices of the town, provided such vacancy is not supplied by election within fifteen days after the happening of such vacancy. The Supervisor and any two Justices may ap- point a Collector in case of a vacancy. Vacancies in the office of Assessor and Commissioner of Highways are supplied by an appointment in writing, under the hand of two Justices of the Peace; and vacancies in the office of Supervisor and Overseer of the Poor may be supplied by warrant under the hands and seals of the Justices of the town. The Supervisor, Town Clerk, and Justices of the Peace, or any two of the Justices of the Peace, constitute a board of town auditors, and shall meet annually in each town, at the place of holding the last town meeting, on the last Thursday preceding the annual meeting of the Board of Supervisors for the purpose of auditing and allowing town accounts. The board of town audit are to make a certificate specifying the name of the person in whose name the account is drawn, the nature of the demand and the amount allowed. A copy of this certificate is laid before the Board of Supervisors, and they are directed to cause to be levied and raised upon said town the amount specified in said certificate. The Supervisor of each town shall receive and pay over all moneys raised therein for defraying town charges, except those raised for the support of highways and bridges, of common schools and of the poor, where poor moneys shall be raised. He is to keep an account of his receipts and disbursements, which are to be examined and certified by the Justices and Town Clerk of his town. He forms one of the board of town audit, and is to attend all the meetings of the Board of Supervisors. The Board of Supervisors have power to make such orders concernmg buying, selling or improving real estate for county purposes ; to examine and settle all accounts against the same and to raise money to pay the same ; to audit the accounts of town TOWN OFFICERS. 545 officers, and direct the raising of money to pay the same; to direct the raising money in their several towns for constructing or repairing roads and bridges ; to divide or alter in its bounds any town, or erect a new town, provided that they shall not place parts of any town in more than one Assembly district ; to borrow money for the use of the county ; to make \9 ws for the destruc- tion of wild beasts, thistles or noxious weeds; to prevent the injury and destruction of sheep by dogs ; to levy and enforce the collection of any tax upon dogs ; to provide for the protection of all kinds of game ; and to act as a Board of County Canvas- sers for their respective counties. 69 FORMS. Ifo. X» CONSTITUTIONAL OATH OF A TOWN OFFICER. County of Broome, ss. I, A. B., do solemnly swear {or aflirm" tnat I wil support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of Supervisor {or Town Clerk or Assessor, or Overseer, or Commissioner of Highways, or Constable, or Collector, or Justice of the Peace), of the town of , in said county, according to the best of my ability. A, B. Subscribed and sworn, &c. sutervisor's book of account. A. B., Supervisor, in account with the town of Broome, Dr. 1860, Feb. 1, " March 3, To amount received of Q. H., Town Collector, $150 00 " " as penalty collected by N. M. of P. V., 13 45 Contra, Cr. 1860, March 2, " April By am't paid L. L., Counsel fee in suit ads. of G. G., " " C. C, Inspector of Elections, $25 3 00 50 TSo. 3. CERTIFICATE OF EXAMINING SUPERVISOR'S ACCOUNTS. We having examined the foregoing {or within) account of A. B., Supervi- sor of the town of Chazy do hereby certify that we find the same true and TOWN OFFICERS. 547 correct in all respects, and that the balance now in the hands of the said Supervisor, belonging to said town as appears from said account is the sum of $130. A. B.. C. D.. E. F., Justices of the Peace,' L. G., Town Clerk of Chazy. Dated Chazy, Nov. 8, 1859. No. 4. CERTIFICATE TO COPIES OF ENTRIES IN TOWN CLERK's BOOiC. The within (or foregoing) are true copies of entries relating to moneys voted to be raised in the town of Alps, and which were delivered to me by the Town Clerk of said town of Alps. A. B., Supervisor of the town of Alps. Alps, Nov. 14, 1859. No. S. LIST OF JURORS. The following named persons, have been selected as jurors from the town of Alps, in the county of Eensselaer, to serve for three years from the day of...., 18.. NAME. OCCUPATION. RESIDENCE. A. B. Merchant. Alps Tillage. The foregoing is a correct list of the persons selected by us as jurors fi'om the town of Alps, to serve for three years from this date. A.B., ' C. D., E. F., Assessors. N. P., Supervisor. T. C, Town Cierk. Alps, July 2, 1860 ISO. e. LIST OF GRAND JURORS. List of Grand Jurors selected from the several towns hereinafter named. NAME. OCCUPATION. RESIDENCE. M. M. N. N. Farmer. Merchant. Green busk Troy. U'Uniy of Reiifisdaer, Supervisors Room. I hereby certify, that the forego- ing is a correct list of the i>ersons selected by the Board of Supervisors of said 548 THE CLERK'S ASSISTANT. county from the qualified inhabitants of the several towLS therein named to serve as grand jurors. G. C, Cleric of the Board of Supervisors. Troy, November 30th, 1859. No. <7, NOTICE OF BXECTION. County of Rensselaer, Town of Alps, ss. The electors of said town ■5\ ill hereby take notice, that the ensuing general {or special election appointed by the Governor of this State), election at which the following officers are to be elected to wit (insert the officers to be elected), will be held on the. . . .day of , 1860, in election district No. 1, at the town house in said district ; ou the same day in election district No. 2, at the dwelling house of J. G., in said district; and the poll will be opened on said day at. .. .o'clock in li.i forenoon and closed at sunset of that dav. R. G., Alps, the ... . day of. ... , 1860. G. R, E. C, Assessors. B. B., Supervisor. T. C, Town Clerl: JSo. 8. DIVISION OF A TOWN INTO ELECTION DISTRICTS. We hereby certify, that we have this day divided the town of Schroon into three election districts. The first district is bounded and described as follows (insert description): The second district is bounded and described as follows (insert description) : The third district is bounded and described as follows (insert description) : R. B., B. K., G. G., Assessors. P. P., Town Cler-k. Dated, Schroon, September 3d, 1860, B, C, Supervisor. No. O. ALTERATION OF ELECTION DISTRICTS. Notice is nereby given, that the town officers of the town of Alps in the county of Rensselaer, have hereby altered the boundaries of the election dis- tricts in said town ; and said boundaries are as follows : The first district is bounded &c., as in No. 8 to the close). TOWN OFFICERS. 549 I«fo. lO. supervisor's call for a meeting to fill vacancy in office of inspector OF elections. To A. B., Town Clerk, L. M., M. L. and N. B., Esqs., Justices of the Peace for the town of Alps: You are hereby notified to meet with the undersigned at the town hall in said town on the. . . .day of , 1860, at 10 o'clock in the forenoon, for the purpose of filling a vacancy in the office of inspector of elections, in elec- tion district No. 2, in said town. G. P., Supervisor of the toivn of Alps. Alps, the day of , 1860. TSo 11. APPOINTMENT OF INSPECTOR OF ELECTION TO FILL VACANCT. County of Rensselaer, Town of Alps. At a meeting duly held this day in the town hall of said town, at 10 o'clock a. m., G. B. was appointed in- spector of elections in and for election district No. 1, in said town, to fill the vacancy occasioned by the removal of L. P. from this State. Witness our hands this. . . .day of , 1860. G. P., Supervisor. A. B., Town Clerk. L. M., M. L., N. B., Justices, &c. ISO. 1». ACCOUNT AGAINST A TOWN. Town of Schroon : • To A. B., Inspector of Elections, Dr, 1859, November 11, To duties as inspector of elections, $2 50 stationery, . 8 $2 88 ISO. X8. AFFIDAVrr TO AN ACCOUNT. County of Essex, Toivn of Schroon, ss. M. :M., of said tow^n being sworn says, that the items mentioned and set forth in the foregoing account are cor- rect, that the services charged therein have been in fact performed, and the disbursements therein mentioned have been fully paid, and that no part of said account has been paid or satisfied. M. M, Sworn, &c. 550 THE CLERK'S ASSISTANT. No. 14. STATEMENT OF CLAIMS AUDITED BY TOWN 'BOARD OF AUDITORS. Abstract containing a list of all claims audited by the Board of Town Audi- tors of the town of Schroon. • NAJIES. NATURE OF CLAIM. AMOUNT CLAIMED. AMOUNT ALLOWED. A.B., B. C, N. M. Inspector of Election, Justice of the Peace, Constable. $3.45 45.00 75.00 $3.45 38.00 63.00 We hereby certify, that the foregoing is a correct list of the claims pre- sented to the Board of Town Auditors of the town of Schroon, and that the same is a correct list of the names of all persons to whom any account was allowed and the true amount of the same as audited by said board. M. 0., Supervisor. T. C, Ibwn Clerk. 0. 0., p. p., X. Y., Justices of the Peace Schroon, Nov. 8, 1859. No. 15. NOTICE OF RESOLUTION TO BUILD A TOWN HOUSE. Take notice that at the next annual town meeting of the town of Schroon, to be held on the 15th day of April, 1860, I shall propose a resolution autho- rizing the sum of $2,000 to be raised for the purpose of buying a site, and electing thereon a town house for the use of said town. Schroon, April 2, 1860. M. P NO. le. PROOF THAT RESOLUTION PASSED AT TOWN MEETING. Msex County, Town of Schroon, ss. Resolved, that the sum of $2,000 be raised in the town of Schroon, for the purchase of a site, and erecting thereon a building to be used as a town house for said town. We hereby certify, that at the annual town meeting of the town of Schroon, held on the 1.5th day of March, 1860, at the house of B. B., a resolution was adopted by a majority vote of the electors present at said meeting of which the foregoing is a copy. B. E., S. T., E. F., Justices of the Peace, and the Board of Canvassers at said meeting. Schroon, March 16, 1860. rOWN OFFICERS. 55J Wo. IT. RESOLUTION OF SCTPERVISORS DIRECTING THE MONEY TO BE RAISED. Whereas, at the last town meeting of the town of Schroon a resolution was passed for the purpose of raising money to buy a site and build a town house for the use of said town : therefore Resolved, That the sum of $2,000 be raised and collected in the said town of Schroon for the purpose of buying a lot and erecting thereon a town house for the use of said town. 2Vo. 18. APPOINTMENT OF A TOWN CLERK. Whereas, the office of Town Clerk of the town of Schroon, has become vacant by the death [or the removal from the State) of J. B., the late Town Clerk, we do hereby appoint M. M., of said town as Town Clerk thereof, to hold his office as such clerk, until his successor is chosen or appointed in his place. • Witness our hands and seals at the town of Schroon, this 31st day of August, 1860. M. M., [u S.J K P., [L. s.] K. S., [l. s.] Justices of the Peace of said toum. No. 19. NOTICE OF TOWN MEETING. Take notice, that the annual town meeting of the electors and legal voters of thp town of Schroon, will be held at the town hall in the town house in said town of Schroon, on the 4th day of March, 1860, at. . . .o'clock in the forenoon, for the purpose of electing the town officers of said town, to wit : (name the several offices) and for doing the annual town business of said town, and for the doir.g of such other town business as shall be legally brought before the meeting. „ „ ^ , A. B., Town Clerk February 23d, 1860. No. SO. NOTICE TO COUNTT CLERK A3 TO ELECTION OF SUPERVISOR, JUSTICES OF THE PEACE AND CONSTABLES. To R. R., Esq., County Clerk of Essex County : I hereby certify that at the annual town meeting of the town of Chazy, held in the Town Hall of said town, A. B. was duly elected Supervisor, C. D. was duly elected a Justice of the Peace, and E. F., G. H., I. J., K. L. and M. N. were duly elected Constables in and for said town. T. C, Tbwn Clerk. Chazy, March 5, 1860. CHAPTER XLIL WILLS. All persons, except idiots, persons of unsound mind, and infants, may devise their real estate, and every estate and interest therein descendible to heirs, by a last will and testament executed according to the provisions of the statute. Such devise may be made to every person capable by law of holding real estate ; but no devise to a corporation shall be valid unless such corporation be expressly authorized by its charter or by statute to take by devise. Every male person of the age of eighteen years or upwards, and every female, of the age of sixteen years or upwards, of sound mind and memory, and no others may give and bequeath his or her personal estate, by will in writing. No nuncupative or unwritten will, bequeathing personal estate, shall be valid, unless made by a soldier while in actual service, or by a mariner while at sea. Every last will and testament of real and personal property, or both, shall be executed and attested in the following manner: 1. It shall be subscribed by the Testator at the end of the will. 2. Such subscription shall be made by the Testator, in the presence of each of the attesting witnesses, or shall be acknow- ledged by him to have been so made, to each of the attesting witnesses. 3. The Testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instru- ment so subscribed to be his last will and testament. 4. There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the Testator. WILLS. 553 The witnesses should write opposite their names their respec- tive places of residence ; and every person who shall sign the Testator's name to any will by his direction, shall write his own name as a witness to the will. It is advisable to have three witnesses to a will as a matter of convenience in proving, and to provide for the conveyance of any property which the Testator may acquire or become entitled to in another State where the statute of that State requires there should be three witnesses. The States, requiring three attesting witnesses to a will of real estate, are Maine, New Ilanipshire, Vermont, Massachusetts, Khode Island, Connecticut, New Jer- sey, Maryland, South Carolina, Georgia, Alabama, Mississippi, Michigan, Wisconsin, and Iowa. There is no particular form of words required necessary for the purpose of tlie will, but such language must be employed as shall express the wish of the Testator. No will in writing shall be revoked or altered, otherwise than by some other will in writing, or some other writing (as by a codicil) of the Testator, executed by the same formalities as the original will; or unless such will be burnt, torn, canceled, obliterated or destroyed, with intent and for the purpose of revok- ing the same by the Testator himself, or by another person in his presence, by his direction and consent. But if after the making of any will, disposing of the whole estate of the Testator, such Testator shall marry, and have issue of such marriage, born either in his lifetiriie or after his death, and the wife or the issue of such marriage shall be living at the death of the Testator, such will shall be deemed revoked, unless provision shall have been made for such issue by some settlement, or unless such issue shall be provided for in the will, or in such way mentioned therein, as to show an intention not to make such provision. A will executed by an unmarried woman, shall be deemed revoked by her subsequent marriage. "Whenever a Testator shall have a child born after the making of his will, either in his lifetime or after his death, and shall die leaving such child so after born unprovided for by any settle- ment, and neither provided for nor in any way mentioned in his will, every such child shall succeed to the same portion of the 70 554 THE CLERK'S ASSISTANT. father's real and personal estate as would have descended or been distributed to such child if the father had died intestate, and may recover that portion from the devisees and legatees. Where the will gives any portion to the widow of the Testator, the widow will take such portion in addition to her dower, unless the will expressly provides that such gift is made in lieu of dower. Any will of real estate which shall have been duly proved in the Supreme Court, or Court of Chancery, or before the Surro- gate of any county in this State, with the proofs taken on the proof thereof, and the certificate of proof annexed thereto or indorsed thereon, may be recorded in the Clerk's Office of any county in this State, in the same manner that conveyances of real estate are now authorized to be recorded. FORMS No. 1. WILL COMMON FORM. 1, A. (jr., of the city of Troy, widow of the late J. G-., mindful of the un- certainties of human life do make, publish and declare this my last will and testament in manner following : First. After the payment of my just debts and funeral expenses, I give, de- vise and bequeath to my daughter J. W., wife of A. W., the sum of §500. Second. I give and devise and bequeath to my daughter E. D., wife of H. D., the sum of ^600. Third. I give, devise and bequeath to my daughter L. P., wife of E. P., the sum of $'300. Fourth. All the rest, residue and remainder of all my estates, both real and personal, I give, devise and bequeath to my son S. G., and to my daughter, J. N., E. D. and L. P., to be equally divided between them and their heirs share aud share alike, the child or children of a deceased child taking the share which his, her or their parent would have taken if living. Fifth. In case there should not be sufficient of my property to fully com- ply with the first, second and third provisions of this my will, then 1 direct that my said estate be divided into fourteen equal shares or portions, and that five of the said shares or portions be given to my said daughter, J. "W., and that six of the said shares or portions be given to my daughter E. D., and the remaining three shares or portions be given to my daughter L. P., the child or children of a deceased daughter to have the shares or portions which his, her or their parent would have taken if living. Sixth. I hereby nominate and appoint my son-in-law, H. D., the executor of this my last will and testament, and hereby authorize and empower him, the said "H. D., to compoiuid, compromise and settle any claim or demand which may be against or in favor of my said estate. In witness whereof, I have hereunto set my hand and seal this 12th day of March, 1857. A. G. [L. S.J Signed, published and declared by the said testatrix to be her last will and testament in the presence of us who have signed our names at her request as witnesses in her presence and in presence of each other. B. B., of the city of Troy. C. C, of the village of Laminghurgh. 556 THE CLERK'S ASSISTANT. JSo. 3. CODICIL TO A WILL. I, A. Gr., of the city of Albany, do make this codicil to my last will in words as follows : Whereas, in and by my last will and testament, dated on or about March 12th, 1857, 1 did, by the first item thereof, give, devise and bequeath to my daughter, J. W., then wife of A. W., the sum of $500, and whereas, I loaned to the said A. W., in his lifetime the sum of $500, and for which sum he was indebted to me at the time of his decease, and his estate is still indebted to me for that amount, now, I hereby revoke said bequest of $500, so given by said first item of m.y will, and in lieu and instead thereof give to my said daughter, J. W., the claim which I have against the estate of the said A. W., and authorize my executor to assign the said claim to my said daughter, J. W., but should it so happen that said claim of $500, should be paid to me previous to my decease, then I direct that the sum of $500 be paid to my said daugh- ter, J. W., in the same manner as if this codicil to my will had not been exe- cuted. In witness whereof, T have hereunto set my hand and seal this 4th day of August, 1860. A. a. [l. s.] Published and declared by the said A. G., to be the codicil to her last will and testament in the presence of us who have signed the same as Avit- nesses in her presence at her request and in presence of each other. L. B., Merchant of the city of Ti'oy. J. Gr., of the village of West Troy. JSo. 3. DEVISE OF AN ESTATE FOB LIFE, IN LIEU OF DOWEK, REMAINDER TO HIS CHILDREN. Item. I give and devise unto ray said wife, all that my said messuage or tenement, with the appurtenances, situate, &c., with the lands and heredita- ments thereunto belonging, and the rents, issues, and profits thereof for and during the term of her natural life ; and from and after the decease of ray said wife, I give and bequeath the said messuage or tenement, lauds, and heredita- ments, unto such child or children as I shall leave or have living at the time of my decease, and to their heirs and assigns forever, and if I shall have no such child or children, then I give and devise the said legacy to my said wife as aforesaid, and I hereby declare the said gift is intended to be, and is so given to her, in full satisfaction and recompense of, and for her dower and thirds, which she may, or can in any wise claim or demand out of my estate. Tfo. 4. PROVISO THAT SUMS ADVANCED TO CHILDREN, SHALL BE TAKEN AS PART OF PORTION. Provided always, and I do hereby declare, that in case I shall, in my life- time, advance and pay to any of my children, either sons or daughters, any sum or sums of money, for his or their benefit or advancement in the world, or" otherwise, and shall signify the same in writing under my hand, then if any such sum or sums shall be equal to the share or shares of such child or children respectively, of and in the premises, &;c., by me hereby devised or bequeathed for their respective benefits, such sum or sums, so paid or advanced, shall in that case be accounted in full satisfaction of the share or shares of such child WILLS. 557 or children respectively, in the said estate and premises; but if such advanced sum or sums shall be less than the share or shares of such child or children respectively, of and in the said premises, &c., then such advanced sum or suras shall be accounted as part only of the share or shares of such child or children therein, and in that case such child or children shall not receive, or be entitled to any share or interest of, or in such parts of ihe said premises, &c., which shall have been paid or advanced to him, her, or them, for the purposes afore- said, until the other or others of such child or children shall have received as much of the said premises, &:c., as shall make his, her, or their share or shares thereof equal to what shall have been so paid or advanced to or for the bene- fit, advantage, or preferment of such child or children respectively ; to the end and intent that the said premises may be equally divided among all such children, share and share alike. No. S. APPOINTMENT OF GUARDIANSniP. And I hereby commit the guardianship of all my children, until they shah respectively attain the age of twenty-one years, unto my said wife, during her life, if she shall so long continue my widow ; and from and after her decease, or second marriage, unto my trusty and much esteemed friend A. B., his exe- cutors and assigns : (and do hereby declare, that the expenses of the main- tenance and education of my said children, until they shall attain the age aforesaid, or become entitled to the sum or sums of money hereby provided for their benefits respectively, shall be paid and borne by my said wife, by and out of the moneys and estate given and bequeathed to her in and by this my wiU.) Nii. O. ANNUITY CHARGEABLE UPON REAL ESTATE. Also, I give and devise unto my grandson G-. B., all that my messuage and tenement, with the appurtenances, situate, lying, and being at commonly called. ... To have and to hold (subject, nevertheless, to, and charged and chargeable with the annuity, yearly rent, or sum of hereinafter mentioned) to him the said Gr. B., his heirs, and assigns forever: And I do hereby give, devise, and beqeuath unto my wife E. B., and for her assigns, for and during the term of her natural life, one annuity or clear yearly rent or sum of free of all taxes and other deductions, to be issuing and payable out of the said messuage and tenement, and to be paid and payable by equal half yearly pay- ments at the first payment thereof to be on and I do hereby charge and subject the said messuage and tenement, to and with the payment of the said annuity, yearly rent, or sum of accordingly. And in case the said annuity, or any part thereof, shall be behind and unpaid for the space of forty days next after any of the said days of payment whereon the same ought to be paid, as aforesaid, that then and so often it shall and may be lawful for my said wife and her assigns, into all and singular the premises, charged with the said annuity as aforesaid, to enter, and the rents, issues, and profits thereof to receive and take, until she be therewith and thereby, or by the person or per- sons who shall be then entitled to the immediate possession of the premises, paid and satisfied the same and every part thereof, and all the arrears thereof incurred before, and that shall incur during such time as she shall receive the rents, issues, and profits thereof, or be entitled to receive the same by virtue of such entry to be made as aforesaid, together with her costs, damages, and expenses laid out and sustained, by reason of the non-payment thereof, or any part thereof. 558 THE CLERK'S ASSISTANT. :iVo. <7. APPOINTING GUARDIAN AND PROVIDING THAT THE INFANt's PROPERTY BE TAKEN CARE OF. Aho, for the better education of my children, A., B. and C, I do give and dispose of the tuition and custody of them, and every of them, unto my wife E. B., for such time as they or any of them respectively continue unmarried, and under the age of one and twenty years, and my said wife remains my widow ; but if my said wife shall die or marry, during the single life and non- age of any of my said children, so being unmarried and under the age of one and twenty years at the marriage or death of my wife, unto my said execu- tor E. E. Ako, I do hereby authorize, empower and direct my said executor, his exe- cutor or executors, from and alter my decease, until the aforesaid G. B. shall at- tain his age of one and twenty years, to manage and improve the estate and fortune of him the said Gr. B., by me hereby given him, for his use and benefit, and to lease all or any part of his freehold or leasehold estates, and to lend and place out upon security or securities, at interest, or otherwise improve according to his or their discretion or discretions, all or any part of the moneys, belong- ing to or arising from the said estates and fortune of the said Gr. B., and to pay unto and account with him the said Gr. B., for all such rents, interests, produce and improvements, as shall afise from, or be made of, and produced by the estates, moneys, and fortune hereby given and devised to him, when he shall attain his age of twenty-one years. JN^o. 8. POWER TO EXECUTORS TO CONVEY REAL ESTATE. I wUl and ordain, that the executor of this my last will and testament, for and towards the performance of said testament, shall with all convenient speed after my decease, bargain, sell and alien, in fee simple, all my lands for the doing, executing and perfect finishing whereof^ I do by these presents give to my said executor, full power and authority to grant, alien, bargain, sell, convey and assure all the same lands to any person or persons, and their heirs forever, in fee simple, by all and every such lawful ways and means in the law as to my said executor, or to his counsel learned in the law, shall seem fit or necessary. No. O. PROOF OF EXECUTION OF A WILL. County of Albany, Surrogate's Office. In the matter of proving the will of A. B,, deceased : Albany County, ss. C, D, and E. F., of the city of Albany in the county of Albany, being first duly sworn in open court, doth depose and sa}^, and each for himself deposeth and saith, that he is a subscribing witness to the in- strument now shown to him, purporting to be the last will and testament of A. B,, of the city of Albany in the county of Albany, That the said A, B,, did in the presence of this deponent subscribe his name at the end of the in- strument which is now shown and exhibited to this deponent as aforesaid, and which purports to be the last will and testament of the said A. B., and which bears date on the 12th day of October, in the year of our Lord 1859. And this deponent further saith, that the said A. B., the said testa- tor did, at the said time of subscribing his name as aforesaid at the end of WILLS. 559 said wili, declare the said instrument so subscribed by him and now exhi- bited, to be his last will and testament ; and this deponent did thereupon subscribe his name at the end of the said will, as an attesting witness thereto, and at the request of the said testator. And this deponent further saith, that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of tlie deponents subscribing his name as an attesting witness thereto, as aforesaid, the said A. B., was of sound mind and memory, of full age to execute a will, and was not under any re- straint to the knowledge, information or beUef of this deponent, and further these deponents say not. Severally sworn and subscribed this 13th ) day of May, 1860, before me, ) J. M., Surrogate. C. D. B. F. JSo. xo. PROOF THAT WILL IS RECORDED. State of New York, County of Albany, ss. I, J. M., Surrogate of the county of Albany, do hereby certify, that the foregoing (or within)' last will and tes- tament of A. B., deceased, was proved before me, on the 13th day of May, in the year of our Lord 1S60, as a will relating to both real and personal estate, pursuant to the provisions of the statute of the State of New York, in such case made and provided ; and I further certify that the said will and proofs taken in relation to the execution thereof, are recorded in the Surrogate's OfBce of the county of Albany, in Book of Wills, vol. 27, pages 29 and 30, kept in my office for such purpose. In testimony whereof, I, the said Surrogate, have hereunto set my hand and affixed the Surrogate's seal of the county of Albany, this 15th day of, October, A. D., 1860. ' J. M., [l. s.] Surrogats. No. 11. PROOF THAT THE EXECUTOR HAS QUALIFIED. The People of the State of New York, to all to whom these presents shall come, or may concern send, Greeting : Know ye that at the city and county of Albany, on the 13th day of May, 1860, letters testamentary of the last will and testament of A. B., late of the city of Albany, deceased, were duly granted and issued by the Surrogate of the county of Albany to B B. the (or one of the) Executors named in the last will and testament of said deceased, and that the same arc still valid and in full force. In testimony whereof, we have caused the seal of the office of our said Sur- rogate to be hereunto affixed. Witness, J. M., Surrogate of our said county at the city of Albany, the loth day of October, in the year of our Lord, 1860. J. M., [l. S.J Surrogate. 560 THE CLERK'S ASSISTANT. No. la. CERTIFICATE ATTACHED TO WILL AND COPY PKOOF FOR RECORD. State of New Yorh^ Albany County Surrogate's Office. I, J. M., Surrogate of the county of Albany, do hereby certify, that I have compared the forego- ing copy of the testimony taken before me, and upon which the foregoing last will and testament of A. B. was admitted to probate and record with the original now on file in this ofl&ce, and that the same is a correct transcript of the same and of the whole thereof. In testimony whereof, I, the said Surrogate, have hereunto set my hand, and affixed the Surrogate's seal of the county of Albany, this 15th day of October, A D., 1860. M., [l. s.] Surrogate. INDEX. PASS. A ccouNT, receipt ou, 499 Acknowledgment and Proof of Papers to be Eecorded: Who may take, 1 Taken in one State to be used in other States. 2 By grantor known to the officer, 5 By husband and wife known to the officer, 5 By a subscribing witness known to the officer, 5 By a grantor identified by a witness, 5 By a husband and wife identified by a witness, 6 By a husband known, and wife identified, 6 By two persons, one known and one identified, 6 By a person conveying by a power of Attorney, 7 By undersheriff" in name of Sheriff, ' By witness not known but identified, 7 By witness to husband and wife executed out of the State, 7 By identified witness to husband and wife executed out of State,. . 8 By incorporated company, 8 Where the grantor and subscribing witness are dead, 8 By two husbands and their wives, ^ Bj wife alone, ^ By a Sheriff-, 9 By an administrator, executor or trustee, 9 Form in Maine, New Hampshire, Massachusetts and Connecticut, . . 9 " in Vermont, ^'^ " in Ehode Island (n), 10 " in New Jersey and Delaware, 10 '.^ " in Pennsylvania, • • • 10 " in Maryland, 10 " in Virginia, 1 1 '* in Georgia, 1 1 ** in Kentucky, - 1 " in Ohio, 11 71 562 INDEX. Acknowledgment and Proof of Papers to be Recorded: paok Form in Michigan, 12 in Indiana, 12 in Illinois, 12 in Missouri and Iowa, 12 in Wisconsin, 13 in California, 13 Certificate of correctness by County Clerk, 13 Petition to compel subscribing witness to make proof, 15 Subpoena to compel witness to make poof, 16 WarranJ, to arrest witness to make proof, 16 Commitment of witness refusing to make proof, 17 Of a minor to apprentice's indenture, 27 Of master to a recognizance, 3? Of auctioneer's bond, 67 Clerk's certificate to, 126 Actions in Justices' Courts, how conducted, 309 Admeasurement of dower, petition for, 206 Of dower, notice of application for, , 206 Order for, and appointing Commissioners, 208 Report of Commissioners, 208 Order confirming report in, 209 Administrator's fees, 226 Acknowledgment of deed by, . 9 Advertisement of sale by Constable, 344 For foreclosure of a mortgage, 162 Affidavit of subscribing witness, 17 Of person identifying witness or parties, 17 To a deponent sworn with uplifted hand, 17 To a deponent sworn on the Gospels, 18 Of arbitrators, 43 For witness before arbitrators, 43 Of service of award, 46 To entitle creditor to redeem, 156 In foreclosing by advertisement, 162 Affirmation of an afiiant, 17 Affray, warrant for, 349 Agreement as to damages on opening a road, 270 Agreements, see Contracts. Alien, who may be naturalized, 402 Declaration to become a citizen, . 405 Affidavit of, to hold real estate, 407 Annuity chargeable on real estate by will, - 557 INDEX. 563 PAUB Answer, general denial, 3oG Plea of title, 336 Appeal from order admeasuring dower, notice of, 210 From order admeasuring dower, bond on, 210 From assessment by Commissioners, 259 Fiom order of Commissioners as to laying out road, 279 Kotice of, in bastardy cases, : 487 To Superintendent of Public Instruction, 519 Notice of, 520 Proof of service of notice, 520 Bond to recover possession of premises on, 374 Appraisal of exempt homestead, 300 Of farming lands, for bank department, 77 Of village lands for bank department, 78 Apprenticing of a poor child, 47 1 Apprentices and Servants, remarks on, 19 Who may become, 19 Foreigners may become, to pay passage money, 21 Indenture of, 24 Consent of father or mother to indenture, 24 Certificate of Justice of the Peace, 25 Consent of guardian to indenture of, 25 Certificate of County Judge to indenture, 25 Certificate of Overseers of the Poor to mdenture, 25 Indenture of, as a clerk, 25 Agreement of father on behalf of, 26 Agreement of father for faithful performance of, 26 Contract of foreigner, to pay passage money, 27 Acknowledgment of contract to pay passage money, 27 Assignment of indenture of a foreigner, 27 Approval of assignment of indenture, 28 Complaint on refusal to serve, 28 Warrant on refusal to serve, 28 Commitment on refusal to serve, 20 Complaint for misdemeanor or ill-behavior of, 29 Warrant to arrest for ill-behavior of, 30 Warrant to commit for ill-behavior of, .... 30 Discharge of, from service, 30 Complaint by, when ill-used, 31 Summons on complaint for ill-usage, . . .' 31 Discharge of, for ill-usage of, 31 Complaint by, where money has been or is to be paid, 32 Summons on above complaint, 35 Recognizance of Judge, whore there is a difference, 33 564 INDEX. A.PPRENTICE3 AND SERVANTS: PAOB. Order of Court oa disagreement, 34 Complaint by master against, 34 Summons on master's complaint, 35 Eecognizance of apprentice by Justice, 35 Decision of Court on master's complaint, 36 Arbitration and Award, how conducted, 37 Submission in, 41 Boud in, 42 Noticv, to arbitrators of appointment, 42 Affidas it of arbitrators, 43 Notice or hearing in, 43 Subpoena in, 43 Oath for subpcena in, 43 Revocation of submission, 44 Notice to opposite party of revocation, 44 • Award in, 44 Special award in, 45 Proof of execution w award, 46 Proof of service of award, 46 Arbitrators' Fees, 220 Assault with a deadly weapou, warrant for, 353 With intent to kill, 354 With intent to commit a felony, 354 By setting on a dog, warrant fo,:, 355 By rash driving, warrant for, 355 On a Sheriff, warrant for, 355 Assault and Battery, warrant for, 351 Assessment of highway labor, • 258 Assessment Roll, how made, 533 To be corrected by Supervisors, 533 To include commutatioi^ 536 Notice of completion of, 537 Form of, 537 Oath of Assessor to, 538 Warrant on, 539 Assessor, how elected, 543 Vacancy in office, how filled. 544 To make assessments, , 533 Notice of completion of roll, 537 Oath of, on roll, 538 Constitntionnl oath of, 546 Fees 22f INDEX. 565 PAGE. A ssiGNEE, petition that he account, 61 Summons to account, G2 Bond of, f;(» Approval of bond of, (' 1 Of assigned debtors, fees o^ -33 Assignment, how made, "iT General, indorsed, 49 Of a lease, 49 Of policy of insurance, ^0 Of policy as security, 50 Consent of insurance company to, £0 Of patent right, 51 Of contract for real estate, 51 Of wages, or debt, 52 Of copyright of book — one edition, 52 Of an entire copyright, 53 Of a judgment, 54 Of a judgment — another form, 55 Of Justice's court judgment, 55 Of bond and mortgage, • • • • 5d Of bond and mortgage, with guaranty, 56 Of bond and mortgage, short form, 56 Of bond and mortgage, indorsed thereon, 57 Of bond and mortgage, as collateral security, 57 Of contract, as collateral security, 57 General, to pay debts, with a preference, 58 To pay debts, without preference, 59 Inventory of, 60 Affidavit annexed to, 60 Bond on receiving, 60 Approval of bond of assignee on, 61 Petition to account after, 61 Summons to a person receiving, 62 Of a lease, indorsed, .^ 371 Of dower, * 205 Of an insolvent debtor, 1"3 Of an imprisoned debtor, 1"' Of bond and mortgage to bank department, 81 Of sheriff's certificate of sale, 157 Of a patent, in whole or in part, 429 Of a patent for one or more States, 431 Of emigrant's indenture, 27 Of " " approval of, 28 Association, Bond of treasurer of 115 566 INDEX. FAOB. Assurance, covenant for further, 1 80 Attachment, application for, 321 Subpoena for a witness for, 321 Bond on application for, '. 322 Form of, 322 Notice indorsed on copy, 322 Bond of defendant on, 323 Bond of third party on, 323» Constable's return to, 324 Of coroner against a witness, 168 Return to coroner's, 169 For a defaulting witness, 329 Issued, when. 311 Attorney, acknowledgment to deed by, 7 Fees, •. 220 Power of, what, and who may give, .• 489 In fact, what is, 489 Auction duties, 65 Auctions, general remarks in regard to, 63 Auctioneers, who may be, 63 To give security, when, 64 May employ clerk to sell, when, 64 To pay duties, when, 65 Bond of, 67 Approval of bond of, 67 Certificate to Comptroller for, 68 Oath of clerk of, '. , 68 Oath of, to his account, 68 Oath of clerk of, to account, 68 Certificate of Port Wardens for, 69 Oath of officer of insurance company for, 69 Affidavit of sale by, in foreclosure, 163 Contract signed by, at sale, . . .• 131 Commissions, 221 Award, in arbitration, 44, 45 Proof of execution, 46 Proof of service of, 46 Banks, remarks on, 70 Regulations of the Department of, 72 Certificate of organization of, 75 Affidavit of mortgagor to, 76 Appraisal of farm lands mortgaged to, 77 INDEX. 567 rAOK. Banks, appraisal of village lands mortgaged to, 78 Power to transfer stock in, 84 Proxy to vote at election of officers of, 84 Affidavit annexed to proxy, 85 Transfer of stock in, 85 Inspectors' oath at election, 85 Oath of stockholder when challenged, 85 Oath of proxy when challenged, 86 Affidavit of officer to statement of dividends, 86 Power of attorney to receive dividends of, 86 Bank Notes, -bonds given to secure, 82 Banking Association, instructions of department for, 72 Certificate of organization of, 75 Bond to, 79 Mortgage to, 80 Bond given by, to secure notes, 82 Banker, certificate of an individual, 75 Certificate as to residence of individual, 76 Bank Dkpartmext, rcenl;itions adopted by, 72 Appraisal of farming lands for, 77 Appraisal of village lands for, < 8 Barrels, contract to make flour, 137 Bastards, who are, ^''O How supported, ^^' Bastardy, application in cases of, _ 477 Examination before l)irth • • 4(7 Examination after birth, 478 Warrant to apprehend putative father, 478 Subpoena in case of, 4< 8 Bond on adjournment of hearing, 478 Order of filiation, 4 < 9 Bond under order of, 480 Warrant to commit father, 480 Warrant to release fixther, 481 Bond given m a foreign county, 482 Order of fihation, father absent, 482 Warrant to commit mother not testifying, • • • 483 Summons to the mother, as to order, 484 Order that mother support, 4^4 Warrant to commit mother, 48o Summons to mother to testify, 485 Warrant for absconding parent, 486 Order reducing sum to be paid, 4o0 568 INDEX. ■PAGE. Bastardy, notice to increase pay, 487 Notice of appeal in, 487 Bigamy, warrant for, 357 Bill of PARxrcuLAKS, of mechanics' lien, 398 Of owner of house, 400 Bills of Exchange, what are, 90 When to be presented, 91 Days of grace, 92 Forms of, 95 A set of, 97 Notice of protest of, 98 Certificate of protest of, 98, 99 Bill of Sale, what is, 100 Form of general, 102 Of a registered vessel, 102 Of an enrolled vessel, 103 In the nature of a chattel mortgage, 104 Blind, to be supported 454 Board of Registry, fees of the clerk of, 223 Board of Supervisors, powers and duties of, 544 To lay taxes, 533 Bonds, what are, 107 Penal, 109 Common, 109 With conditions as to insurance, &c., 110 For payment of money at different times, 1 10 To execute a conveyance, Ill To refund a legacy, Ill To indemnify surety to a- bond, 112 To indemnify on paying lost note, 112 Of indemnity to Sheriff, 113 For performance of a contract, 113 Bottomry, 113 Respondentia, 114 Of a treasurer of a company or society, 115 On obtaining attachment, 322 To retain goods on attachment, 323 Of apprentice, on complaint of master, 35 Of master, on complaint of apprentice, 33 Of submission in arbitration, 42 On adjournment in a bastardy case, 478 , In a foreign county, in bastardy, 482 INDEX. 5G9 PAGE. Bonds, of Superintendent of the Poor, 487 Of Overseer of the Poor, 488 On adjournment of Justice's Court, 325 On adjournment for a tort, 326 On a plea of title, 327 To detain a canal boat, 327 Of tavern or inn-keeper, 215 Of store-keeper to sell intoxicating liquor, 217 Given by absconding husband or father, 4G0 Of auctioneer, 67 Of collector of taxes 538 Of assignee, 60 Approval of assignee's, 61 On appeal in admeasuring dower, 210 Receipt for money paid on, 498 Receipt for interest on, 499 On application to keep a ferry, 244 Of school district collector, 512 To a banking association, 79 Assignment of, to banking department, 81 Bond and Mortgage, assignment of, ... . 55 Assignment of, vrith guaranty, 56 Assignment of, indorsed, 57 Assignment of, as collateral security, 57 Books, assignment of the right to print one edition, 52 Agreement to engrave cuts for, 133 To sell manuscript copy of, • • • 135 To enlarge second edition of, 136 Bottomry Bond, vphat it is, l*^* Form of, • 113 Brokers, fees, ^^'• California, form of acknovrledgment in, 13 Cattle, distrained, certificate as to damage, 239 Caveat of a patent, ^-° Certificate of sale by a Sheriff, l'"^" Assignment of Sheriff's, ^^"^ For plank roads, scrip of, '*'*' Of County Clerk to a deed to be recorded in another State, 13 Charter of a Christian association, ^^ Of a manufacturing company, "-■* Chattel Mortgage, what is, Must be filed, ^^^ 72 570 IXDEX. FAes. Chattel Mortgage, how renewed, 101 To secvire a money demand, 104 • To secure a note, 105 To secure an indorser, 105 To secure surety on a lease, 105 Indorsement on copy of renewal, 106 Notice of sale to foreclose, 106 As security for a lease, 372 Child of pensioner, identity of, 438 Commitment to poor house, 47 1 Poor, indenture of, 471 Childrhn ordered to maintain their father, 461 Begging, to be committed, 456 Christian Association, charter of Young Men's, 83 Church Edifice, subscription to build, 138 Citizenship, certificate of, 407 Clerks of Counties, how elected, and duties of, 116 Proclamations of, 117 Address on taking recognizance, 124 Entry when an attachment issues, 125 Taking a verdict in a capital case, 125 Polling a jury, 125 Taking a verdict in a civil case, 126 Entry of verdict, 126 Polling jury in a civil action, 126 Certificate of, as to officer taking acknowledgment, 126 Of official character, 127 To a copy of a record. 127 Notice of drawing jury, 127 Notice of drawing additional jury, 127 Clerk of School District, notice to officers of election, 518 Notice to town clerk as to officers, 518 Order filling vacancy in office of, 519 Of school district election and duties, 503 Clerk of Auctioneer, oath of, 68 Oath to account, 68 Clerk of Board of Supervisors, fees of, 223 Clerk of the Polls, fees of, 221 Clerk of the Town, fees of. 233 Clerk of Merchant, contract with, 138 Clerk's indenture, 25 INDEX. 571 PAOK. Codicil to a will, 556 Collector of Taxes, duties of, 534 Oath of, 546 Bond of, 538 Affidavit of unpaid taxes, 540 Warrant for, 539 Notice of, to pay taxes, 539 Account of unpaid taxes, 540 Notice of sale by, 541 How elected, 543 Fees of, 233 Vacancy in office, how filled, 544 Collector of School District, how elected, 503 Duties of, 504 Bond of, 512 . Vacancy in, how filled, 505 Notice to pay taxes, 516 Return of, 516 Fees of, 228 Notice of levy and sale, 516 Collections, power of attorney to make, 492 Commission, in Justices' Court, 337 May issue, when, 316 Notice for, and proof of service, 337 Affidavit for, 337 Interrogatories for, 338 Cross interrogatories for, 338 Summons for a witness on, 338 Oath of witness on, 330 Caption of deposition of return, 339 Commissioners to take testimony in Justices' Court, fees of, 224 Commissioners of Deeds, fees of, 223 Commissioners to loan United States deposit fund, fees of, 224 Commissioners of Excise, how appointed, • • • 211 Order appointing, -1"* Fees of, 223 Fees of clerk of, 223 Commissioners to admeasure dower, order for, 208 To admeasure dower, oath of, -0° To admeasure dower, report of, '-08 In partition and dower, fees of, 224 Commissioners in laying out road, appointment of, 2< 1 572 INDEX. Commissioners in laying out road, assessment by, 272 Oath of, in laying out plank road, 449 Commissioners of Highways, how elected, and duties, 246 Oath and bond of, 255 Appointment of, for a vacancy, 256 Order dividing town into road districts, 256 Assessment of highway labor, 258 Annual account of, 264 Statement of, for Supervisors, 264 Order of laying out a highway, 2G9 266 Order of altering a highway, 267 Order of refusing to lay out a highway, 270 Laying out a road in two towns, 275 Laying out a private road, 277 Order discontinuing a road, . .• 278 Order of, to remove a fence, 283 How elected, 543 Vacancy in office, how filled, 544 Oath of, 546 Fees of, 223 Committee of Lunatic, deed by, 154 CoMMTMENT of Vagrant, 470 For not finding sureties, 349 For further examination, 357 Of subscribing witness, 17 Common Carrier, complaint against, 334 Company, plank road, how formed, 442 Contract to sell shares of, 138 Bond of a treasurer of, 11 5 Affidavit of non-payment of tax, 541 Complaint against maker of a note, 333 For work, labor and services, 334 An assigned account, 334 For rent, 334 To recover personal property, 342 For goods sold, 334 Against a carrier for goods lost, 334 For injuring personal property, 335 For injuring real property, 335 In replevin, 342 For breach of warranty, 335 Against a disorderly person, 474 For grand larceny, 350 INDEX. 573 PAGR. Complaint, for not working highways -CO To obtain a peace warrant, 347 Por forcible entry and detainer, • • • 381 For detainer after peaceable entry, 385 On refusal of apprentice to serve, 28 On misbehavior of apprentice, 29 By apprentice for ill-treatment, 31 By apprentice, where money is paid, 32 By master, where money is paid, 34 Composition with creditors, 1^8 Confession of judgment in Justices' Court, 332 Connecticut, form of acknowledgment in, 9 Constables, how elected, 543 Constitutional oath of, ^46 Vacancy in ofi&ce, how filled, o44 Removal of, for not paying over money, 345 Fees of, 224 Oath on retiring with a jury, 3:52 Oath while attending a jury, 121 Oath to excuse a, 122 Return to a venire, 330 Return to an attachment, 324 Return to summons, defendant not found, ^-^ Return of, in replevin, 341 Return on executions, 344 Advertisement of sale, 'J'l'^ Contempt, warrant for a criminal, 34G Conviction for a criminal, 346 Commitment for, 346 Contractor, notice of mechanics' lien, 396 Contract, what is, '2 J What void by the statute of frauds, 129 For the sale and purchase of land, 131 To be signed by auctioneer at sale, 131 For sale of goods as they shall be appraised, 132 To build a house according to a plan and specification, 132 For freight of a ship, 1 '^3 To engrave cuts for a book, 133 Of copartnership, 1"'* To continue a partnership, 1^^ To sell manuscript and copyright of a book, 135 For sale of real estate, assignment of, • • ■ • 51 Assignment of, as security, ^' 574 INDEX. FACE. Contract, bond to insure performance of, 113 To enlarge and superintend second edition of a book, 136 As to a part}^ wall, 136 For making flour barrels, 137 To sell and deliver -wood, 137 With a workman or clerk, 138 As a subscription to build a church, 138 Of a sale of wheat, 139 . To sell shares of stock in a company, 138 Conveyances, ^ee deeds and mortgages. Conveyance, bond to execute, Ill Conviction of a vagrant, 470 For not working highways, 261 Copartnership, what is a general, 408 What is a limited, .*. 410 Articles of, 412, 414 Agreement to continue, 413, 415 , Dissolution of, 416 Certificate of, hmited, 416 Afl[idavit of, filed with certificate, 416 Notice to be published, 417 Designation by clerk of newspaper, ; . . 417 Proof of publication of notice, 417 Contract of, 134 Contract to continue, _. 135 Copy of Eecord or Paper, clerk's certificate to, 127 Copyright, assignment of one edition in, 52 Assignment of, 53 Contract to sell, 135 Coroners, how elected, and duties of, 165 Fees of, 225 Assignment of districts to, in New Tork city, 168 Subpoena for witness, v 168 Attachment against a witness, 168 Return to attachment of, 1 69 Oath to jury of, 169 Oath of witness before jury of, 169 Inquisitions found by jury of, 169 Warrant of, to arrest a party charged, . 173 Oath of witness before, 173 Oath to interpreter before, 173 Testimony taken before, 174 Warrant of, to commit prisoner, 174 INDEX. 575 FAOK. Coroners, commitment of witness to give evidence, 175 Recognizance of witness by, 1"5 Recognizance of witness witii sureties, 175 Warrant to commit witness to testify, 175 Statement of, to Board of Supervisors, 17G Corporations, how created, 70 Charter of a manufacturing, 84 Power of attorney to transfer stock in, 84 Deed of, 155 Proxy to vote at election, 84 Affidavit of officer as to dividends or deposits, 86 Costs in foreclosure by- advertisement, 1G4 County Clerk's certificate that judgment is satisfied, 15 Fees of, ^ 221 County Judge, approval of assignee's bond, Gl Summons to assignee, G2 Compensation of, 225 County Superintendents, fees of, 225 County Poor, certificate as to, 4G3 County Treasurer, duties of, as to taxes, 534 Warrant to collect taxes, 541 Certificate as to collector's return, 540 Account of unpaid taxes, • 540 Fees of, 225 Covenants, what they are, and the kinds of, 177 General form of, 179 Joint and several, 179 Of husband for himself and wife, 179 Several, 179 Of insurance in a mortgage, IGO Against incumbrance, 179 Of seisin, and right to convey, 1 80 Of warranty, 1 80 For further assurance, 180 For quiet enjoyment, 181 By special guardian, 181 By tenant for life, and of the reversion, 181 In a partition deed, 181 Full, 1^2 Mutual, and dependent, 182 Creditor, affidavit of, to redeem, 15G 576 INDEX. FAOX. Crier of Courts, how appointed, 116 Fees of, 226 Proclamations of, 117 Criminal Subpcena, 358 Damages, appraisal of, when fence is out of repair, 239 Appraisal of, where cattle are distrained, 239 Debt, assignment of, 52 Assignment to pay, with preference, 58 Assignment to pay generally, 59 Debtors, fees of assignees of, 233 Inventory of, for County Judge, 60 Debtor. See Insolvent Debtor. Deed, requisites of, 140 Who may make, 141 Quit claim, .... 146 Covenant against grantor, 146 Warranty, 147 Full covenant, 148 With covenant for further assurance, 148 With covenant for quiet enjoyment, 148 Executors, 149 Where land is subject to a mortgage, 149 Sheriff's, on sale under an execution, 150 Guardian's, 151 Sheriff's or referee's, in mortgage foreclosure, 152 Executor's, under direction of will, 153 Of sheriff or referee in partition, 153 By committee of lunatic, 154 Of a water-course, 155 By a corporation, 155 Sheriff's certificate for, 156 Of right of way, 157 Of dower right, 157, 158 Of part of mortgage premises, 158 Affidavit making, in a foreclosure, 162 Of land for a plank road, 452 Fees of commissioners of, 223 Exemption of homestead, clause in, 299 Delaware, form of acknowledgment in, 10 Demurrer in Justices' Court, 336 Deposition, caption of, 1 339 As to interference of a patent, 430 r INDEX. 577 PAGE. DiRECTOKS of plank roads, notice of first election 446 Notice of annual election of, 453 Annual report of, 453 Power to vote for, 491 Disorderly Person, complaint against, 474 Warrant to arrest, ^''> Recognizance of, '*' "^ Record of conviction of, 476 Warrant to commit, 476 Warrant to discharge, 476 House, warrant for keeping, 357 Districts for purpose of elections, 548 Dividends, affidavit of officer as to, 86 Power of attorney to receive, 86, 491 Division Fences. See Fences. Divorces, decreed when, 289 Dower, what it is, 201 How barred, 202 How apportioned, 203 Release of, to heir, 205 General release, indorsed on a deed, 205 Assignment of, 20o Petition for admeasurement of, 206 Affidavit to petition for, 206 Notice of application for, 20G Notice by heirs to demand, 207 Petition for appointing guardian, 207 Order appointing guardian, 207 To admeasure, and appointing commissioner, 203 Oath of commissioners, -*^8 Report of commissioners, 208 Notice to confirm report of commissioners, 209 Order confirming report of commissioners, 209 Notice of appeal in, 210 Bond on appeal in, -^^ Jointure in place of, -^^ Fees of commissioners in, —4 Devise in heu of, '^'*'* When the will gives in addition to, ^'j4 Dog, warrant for assault with, >•'•'* Drunkard, Habitual, inn-keeper not to sell liquor to 472 "Venire whether a person is, 4<2 Subpoena for a witness as to, 4/3 13 578 INDEX. FAQB Drunkard, Habitual, juror's oath as to, 473 Witness' oath as to, 473 Execution against, 4.7^ Revoking order as to, 474 Due Bill, 96 Election, notice of, 543 Districts, division into, 548 Fees of inspectors of, 226 Embarrassed Debtor, letter of Hcense to, ] 87 Emigrant, indenture of, to pay passage, 27 Encroachments on the highway, order to remove, 283 Denial of, 284 Summons for a jury on, 284 Verdict of a jury as to, 285 Warrant to collect costs on, 286 Encumbrances, covenants against, 179 Engrave, contract for cuts for a book, 133 Enrollment of a ship or vessel, 524 Episcopal Church, incorporation of, 86 Escape, w^arrant for aiding in, 356 Examination, commitment for further, 357 Excise, commissioners of, how appointed and duties, 211 Order appointing commissioners of, 214 Book of minutes of board of, 217 Transcript of minutes of board of, 218 Fees of commissioners of, 223 Petition for license to keep an inn, 214 Proof of signatures to the petition, 215 Inn-keeper's license, 215 Inn-keeper's bond, 215 Acknowledgment of inn-keeper's bond, 216 Justification of sureties to bond, 216 Approval of bond by the board of, 216 Storekeeper's license, 216 Storekeeper's bond, 217 Exemption of homestead 297 Notice of, in a deed, 299 Waiver of. 299 Execution in Justices' Court, 343 Indorsement on, by Justice, 344 Renewal of, 344 INDEX 579 PAGB Execution, indorsement of a levy, 344 Advertisement of sale under, 344 Constable's return on, 344 Against an habitual drunkard, 473 Against Overseers of the Poor, 474 Deed on sale under, 150 Executor, power to, to convey real estate, 558 Proof of qualification of, 559 Fees of, 226 Deed of, 149 Deed under a will, 153 Acknowledgment of deed by, 9 False Imprisonment, warrant for, 355 Farm, lease of, 370 Father, absconding, warrant for, . . 459 Fees, what officers entitled to, 219 Of arbitrators, 220 Of assessors, 220 Of attorneys, 220 Of auctioneers, 221 Of brokers, .221 Of clerks of the polls, 221 Of county clerks, 221 Of clerk of board of supervisors, 223 Of clerk of commissioners of excise, 223 Of clerks of the polls and of the board of registry, 223 Of commissioners of deeds, , 223 Of commissioners of excise, 223 Of commissioners of highways, 223 Of commissioners in partition and dower, 224 0." commissioners to take evidence in Justices' Courts, 224 Of commissioners of United States deposit fund, 224 Of constables, 224 Of coroners, 225 Of county judges, 225 Of county superintendents, 225 Of county treasurers, 225 Of criers of Courts of Record, /_, 226 Of executors and administrators, 220 Of fence viewers, 22C Of inspectors of elections, 226 Of jurors, 220 Of Justices of the Peace, 227 580 INDEX. FAGk. Fees of Justices of the Peace in County and Special Sessions, 227 Of notaries, 227 Of overseers of the poor, 228 Of overseers of highways, 228 Of pound master, 228 Of printers, 228 Of referees, 228 Of registers of deeds, 228 Of school district collector, 228 Of sealers of weights and measures, 228 Of sheriffs, in civil actions, 229 Of sheriffs, in criminal cases, 230 Of surrogates, 231 Of surveyors, 233 Of town clerks, 233 Of town collectors, 233 Of trustees or assignees of assigned debtors, 233 Of witnesses, 233 Of supervisors, . 231 On issuing patents, 421 Fences, matters in dispute about, how settled, 235 Appraisal of, where land has lain open, 238 Decision in regard to division, 238 Appraisal of damage on account of defect in, 239 Notice that a party wishes to remove division, 239 Determination allowing removal of division, 239 Fence Viewers, who are, and their duties, 235 Appraisal of fence by, where land hes open, 238 Certificate on dividing a division fence, 238 Appraisement, where fence was defective, 239 Notice that a party is to remove his fence, 239 Determination in regard to removal of fence, 239 Certificate where cattle have trespassed, 239 Certificate where stray was not claimed, 240 Certificate of as to «trays, 530 . Fees of, 226 Felony, warrant for intent to commit, 354 Ffrrt, who may keep, 241 License to keep, how granted, 241 Notice of application for license to keep, 243 Proof of service of foregoing notice, 243 Application for a ferry by owner of the land, 243 Apphcation for a ferry by a person not an owner, 244 'A INDEX. 581 FAOE. Ferry, recognizance on application, 244 License for a ferry, 244 Certificate of clerk indorsed on copy of license, 245 Filiation, order of, 479 Bond under order of, 480 Bond given in a foreign country, 482 Fire, proof of loss by, to obtain insurance, 306 Certificate of notary public as to loss by, 307 Flour Barrels, contract to make, 137 Forcible Entry and Detainer, what it is, 3G4 Complaint in, 381 Affidavit annexed to complaint, 381 Precept to summon jury, • 381 Notice to person complained of, 382 Juror's oath, ; 382 Inquisition of the jury, 382 Traverse in, 383 Venire for the petit jury, 383 Juror's oath upon traverse, 384 Warrant to the sheriff to make restitution, 384 Warrant of restitution in default, 385 ■ Complaint in, after peaceable entry, 385 Affidavit annexed to foregoing complaint, 386 Foreclosure, of mortgage by advertisement, notice of, 162 Proof of, by advertisement, 162 Costs in, by advertisement, ■ 164 Deed in, by sheriff or referee, 1«32 Frauds, statute of, 129 Freight, contract as to, of a ship, 133 Full Covenant Deed, 14^ G-EORGiA, form of acknovpledgment in, H Goods Sold, complaint for, -^34 Goods, agreement to sell as they shall be appraised, 132 Grand Larceny, complaint for, 350 Warrant for, • 350 Guardian of plaintiff, appointment of, 324 Of defendant, appointment of, 325 Deed of, '»! Petition, for, in admeasuring dower, 207 Order appointing in admeasuring dower, 207 Of a pensioner, oath of, ^^° Claim for a navy pension, ^'^^ 582 INDEX. PAGE. Guardian, appointment of, by will, 557 Consent of to apprentice's indenture, 25 Covenant by special, 181 To acquire title by plank road company, 450 Guaranty of promissory notes, 97 Of an assigned bond and mortgage, 56 Highways, commissioners of, how elected, 246 Duties of commissioners of, 247 ' Overseers of, how elected and duties of, 249 ■ Assessments for, how made, 250 Encroachment on, removed how, 254 Oath of commissioners of, ... , 255 Bond of commissioners of, 255 Appointment of commissioner to fill vacancy, 256 1 Order of commissioners dividing a town, 256 v. A[)pointment of an overseer to fill vacancy, 256 «■■ List of persons liable to labor on, 257 List of non-resident land owners, 257 / Assessment of labor on, 258 Additional assessment of labor on, 258 Appeal from assessment of labor on, 259 Notice to commissioners of appeal, 259 Notice of labor to non-residents, 259 Fees of commissioners of, 223 Fees of overseers of, , 228 Complaint against a person not working, 260 Complaint for not furnishing a team, 260 Summons where a person refuses to work on, 261 Constable's return to above summons, 261 Conviction where a person refuses to work on, 261 Warrant to collect a fine for not working, 262 List of non-residents who have not worked or paid, 262 Affidavit on last above list, 262 Annual account of overseer, 263 Oath to account of overseer, 264 Annual account of commissioners, * 264 Statement by commissioners for supervisor, 264 Notice of application for additional sum, 265 Complaint against an overseer, 265 Security for costs given on complaint, 265 Assessment by overseer of persons left out of the list, 266 Appeal from overseer's assessments, 266 Application for a new road, 266 Order laying out a road, lands not inclosed, 266 ■ INDEX. 583 PAGE. Highways, application to alter a road, 207 Order altering a road, • • • • 267 Application for a road through improved land, 208 Notice of meeting of freeholders, 208 Proof of fixing notice of application, 208 Oath of freeholders, on opening, 208 Certificate of freeholders on opening, 269 Notice by commissioners as to opening road, 209 Order of commissioners for a road in improved land, 209 Order refusing to alter or lay out, 270 Agreement as to damages, on laying out, 2i Release of damages on laying out, 270 Application for commissioners to lay out, 271 Order appointing commissioners to assess damages, 271 Notice to commissioners of their appointment, 271 Oath of commissioners to assess damages, 271 Oath to witnesses before commissioners, 272 272 Assessments by commissioners of damages, Notice for reassessment of damages, 272 Certificate of drawing of a jury as to damages, 273 Summons for a jury to assess damages, 273 Oath of a jury assessing damages, 273 Verdict of jury reassessing damages, 273 Certificate of justice as to reassessment, 274 Order describing an old highway, 274 Settlement by commissioners of two towns, 274 Order laying out a road between two towns, 275 Application for a private road, 275 Notice to the owner of land for a private road, 276 Certificate of a jury as to a private road, 276 Summons for a jury to lay out a private road, 276 Oath of jurors laying out a private road, 2(7 Order laying out a private road, 2*7 Application to discontinue an old road, 2(7 Oath of freeholders on discontinuing road, 2r 8 Certificate for discontinuing old road, 2( ^ Order discontinuing old road, 2/8 Order refusing to discontinue old road, 27!) Appeal from order of commissioners 2( !» Appointment of referees, '-'9 Oath of referees, 280 Notice to referees of their appointment, 280 Notice by referees to commissioners, 280 Notice by applicant to the referees, 280 584 IjSdex. PAGE, Highways, siibpcena on appeal bj^ referee?, 281 Oath of witness before the referees, 281 Decision ot referees on appeal, 281 Referees' order, when a road is to be laid out by them. 282 Assessment by overseer for scraper or plow, 282 Notice to agent of non-resident, to work on, 282 Notice to occujjant to remove fence 283 Order of commissioners to remove fence, 283 Notice to occupant to remove encroachment, 283 Denial of encroachment, 284 Summons for a jury as to encroachment, 284 Juror's oath on encroachment, 284 Oath to witness as to encroachment, 285 Notice of meeting of jury and commissioners, 285 Verdict of a jury as to encroachment. 285 Warrant to collect costs as to encroachment, 286 Verdict of jury of no encroachment, 28G Homestead Exemption, what is exempt, 297 Excess of value, how sold, 298 Clause for, in a deed, 299 Notice of, to be recorded, 299 Acknowledgment of notice, 299 Waiver of, 299 Oath of jury on appraisal of, 300 Certificate of jury on appraisal of, 300 Notice of sheriff given to owner of, 300 Certificate of jury to divide the property, 301 Hotel, keeper's license, ' 215 Keeper's bond, 215 Keeper's bond, acknowledgment and approval of, 216 House, agreement to build according to a plan, 132 Lease of, . . 367 Husband, warrant for absconding, 459 Husband and Wife, who may become, 287 How divorced, 289 Certificate of marriage of, 292 Articles of separation, 294 Illinois, form of acknowledgment in, 12 Imprisoned Debtor, petition for discharge o^ 195 Assignment of, 197 Incorporated Company, acknowledgment of deed, 8 Contract to sell shares of. 138 INDEX. 585 FACE. Incorporation of Religious Societies, B6, 87 Indemnity, bond for, on a lost note, 112 Indenture of apprentice, 2-> Consent of parent, --i Consent of justice, 25 Consent of guardian, 25 Overseers of the poor, 25 For binding a poor child, 471 Of clerk, 25 Agreement of father on, 20 Agreement of father that son will be faithful, 2U To pay passage money by a foreigner, 27 Assignment of foreigner's, 27 Approval of assignment, 28 Indiana, form of acknowledgment in, 12 Individual Banker, certificate of, 75 Certificate as to residence of, 76 Certificate of a person associated with 76 Bond given to secure notes, 82 Indorser, mortgage to secure, 161 Infant, appointment of guardian for, by will, 557 Infanticide, inquisition in case of, 173 Inn, petition to sell intoxicating liquor in, 214 License to sell intoxicating liquor in, 215 Bond of keeper of, • 21o Acknowledgment of bond of keeper of, 216 Approval of bond of keeper of, 216 Inn Keeper forbidden to sell liquor, 472 Inquisition of coroner, murder known, 169 Murder unknown, ^ ' " Where one hangs himself, 1''^ Where one has been willfully poisoned, 171 Where one dies a natural death, 1 ' 1 Where one is drowned by accident, 1*1 Where one drowns himself, 1 ' 2 Where one cuts his throat, 1 ' 2 Where one has been killed resisting an officor, 172 On the body of an infant found dead, 1 ' 3 In forcible entry and detainer, 382 Insolvent Debtor, how discharged, lo3 Letter of license to, ^^' Compostion with creditors, ^°^ 74 586 * INDEX. PAGE. Insolvent Dkbtor, petition for discharge under two-third act, 189 Affidavit of residence of petitioner, 189 ^ Schedule of debts, 189 Affidavit of residence of creditors 189 Affidavit of one of petitioning creditors, 190 Affidavit of one of copartnership creditors, 190 Inventory of petitioner, 190 Oath of, 191 Order for pubhshing and to show cause, 191 Notice to creditors and to pubUsh, 191 Proof of service of notice, 192 Order for assignment, 192 Certificate that assignment is made, 193 Assignment, 193 Acknowledgment of assignment, 193 Discharge, 194 Oath of assignee, 194 ISTotice of assignment by assignees, 194 Petition of creditor of imprisoned, 195 Affidavit of creditor of imprisoned, 1,95 Order that creditors appear, 195 Notice to creditors to appear, 196 Affidavit of creditor who joins in petition, 196 Order for assignment of imprisoned, 196 Assignment of an imprisoned, 197 Petition for discharge, while in prison, of, 197 Affidavit to petition of imprisoned, 198 Order to bring prisoner into court, 198 Order that assignment be made, 198 Assignment annexed to petition, 199 Discharge of imprisoned, 199 Application for discharge, for non-payment of fine, 199 Affidavit to above named application, 200 Fees of assignees or trustees of, 233 Inspector of Elections, appointment of, 549 Oath at election, 85 Fees of, 226 Insurance, assignment of policy of, 50 Consent to assignment of policy of, 50 Covenant for in a mortgage, 160 Bond to pay, 110 What it is, 302 How collected after a fire, 303 Application for, 305 INDEX. 587 PAGE. INSURANCE, notice of loss 306 Proof of loss, • 306 Proof of value of loss, 307 Certificate of notary public as to loss, 307 Proof of loss on property held on commission, 307 Interpreter, oath of, 121 Interrogatories for a commission, 338 Invalids, claim for a pension, 436 . Application for a pension, 440 Proof of iilcntity of, 441 Surgeon's certificate as to, 441 Inventory, of a debtor making assignment, 60 Affidavit to, 60 Iowa, form of acknowledgment in, 12 Jail, affidavit to obtain discharge from, 345 "Warrant for aiding to escape, . 356 Jointure in place of dower, 296 Judge of County, certificate of, to apprentice's indentures, 25 Fees of, 225 Certificate as to lunacy, 391 Report to supervisors as to lunatics, 392 Judgment, assignment of, 54 Assignment of — another form, 55 Of justices' court, assignment of, 55 Transcript of, on contract, 342 Transcript of, in tort, 343 In justices' court, confession of, 332 Affidavit on confession of, 333 Release of land from, ^"0 On mechanics' lien 400, 401 Of court of record, satisfaction of, 14 Of justices' court, satisfaction of, lo Satisfied, clerk's certificate of, 15 Judgment Debtor, notice to, as to homestead 300 Jurors, list of petit and grand, 547 Defaulting, execution against, • • 330 Defaulting, summons agr.inst, 329 Defaulting, conviction of, 329 Challenge of, ^^^ Oath of witness on challenge of, 331 Oath of constable on retiring with, 332 588 INDEX. FAOB. Jurors, oath of, 331 Fees of, 22fi JuRT, oath of grand, US Oath of foreman of the grand,' 118 Oath of petit, in civil actions, 119 Oath of, in criminal actions, 123 Oath in a trial for a misdemeanor, 124 Polling of, in criminal actions, 125 Polling of, in civil actions, 126 Notice of the drawing of, 127 Notice of drawing additional, 127 Order for drawing additional, 127 Oath in forcible entry and detainer, 382 Inquisition of, in forcible entry and detainer, 382 Venire for, in forcible entry and detainer, 383 Summons for, as to encroachment on highway, 284 Oath o^ as to encroachment, 284 Verdict of, as to encroachment on highway, 285 Oath of, in regard to homestead exemption, 300 Certificate appraising a homestead, ... 300 Certificate to divide a homestead, 301 In opening a road, drawing of, 273 In opening a road, summons for, 273 In opening a road, verdict of reassessing, 273 Order for, in plank road matters, 450 Precept to summon jury for plank road company, 451 Verdict of, as to plank road company, 452 Oath of coroner's, 169 JtrsTicE OF THE Peace, how elected, 309 Proceedings before. See Justice's Courts. Certificate to apprentice's indentures, 25 Consent to apprentice's indenture, 25 Fees of, 227 A material witness, 333 Justice's Court, jurisdiction of, 309 Suits in, how commenced, 310 Short summons, issue when, 311 Attachment in, issue when, 311 Pleadings in, 313 Adjournments, ! 314 Jury in, 315 Confession of judgment in, 316 Kot courts of record, 317 Summons in, 318 IXDEX. 589 PAOE. Justice's Court, proof of service of summons iu, 313 Affidavit for a short summons, 318 Security on short summons, IMS Warrant, civil, 319 Return on execution of warrant, 319 Affidavit for warrant for not paying over money, 319 Affidavit by non-resident plaintiff for warrant, 320 Affidavit for warrant for trespass, 320 Security on issuing a warrant, 320 Application for attachment, 321 Affidavit for attachment, 321 Subpoena for a witness to get attachment, 321 Bond on •ttachment, 322 Attachment, 322 Notice indorse^ on copy attachment, 322 Bond of defendant, to retain the goods, 323 Bond of claimant to retain the goods, 323 Constable's return to attachment, 324 Appointment of guardian of plaintiff, 324 Appointment of guardian of defendant, 325 Power of attorney to appear in, 325 Acknowledgment of power of attorney, 325 Return of constable, defendant not found, 325 Bond on adjournment in, 325 Justification of surety on bond, 326 Bond on adjournment in tort, 326 Bond on a plea of title, 327 Approval of bond on plea of title, 327 Bond when defendant is arrested, ". 327 Bond to detain a canal boat, 327 Subpoena, 328 Subpoena duces tecum, 328 Affidavit of service of subpoena, 328 Summons for a defaulting witness or juror, 329 Attachment for a defaulting witness 529 Conviction of defaulting witness or juror, 329 Execution against a defaulting witness or juror, . 330 Venire, >30 Constable's return to a venire, 330 Trior's oath on challenge to jury, 331 Oath of witness on a trial of challenge, 331 Juror's oath, 331 Proof that subscribing witness is absent, 331 Proof that paper is lost, 331 590 ' INDEX. TJlQTS. Justice's Court, oath on voire dire, 332 Oath of a witness, 332 Constable's oath on jury retiring, ] 332 Confession of judgment, 332 Affidavit on confession of judgment, 333 Affidavit that a justice is a material witness, 333 Complaint against maker of a note, 333 Complaint for work, labor and services, 334 Complaint on assigned account, 334 Complaint for rent, 334 Complaint for goods sold, 334 Complaint against carrier for loss of goods, 334 Complaint for injury to personal property, « 335 Complaint for injury to real property, 335 Complaint for breach of warranty, ., 335 Answer, general denial, 336 Answer, plea of title, 336 Indorsement of justice on plea of title, 336 Demurrer, 336 Notice of motion for commission, 337 Proof of service of notice of motion, 337 Affidavit for a commission, 337 Commission, 337 Interrogatories for a commission, 338 Cross-interrogatories for a commission, 338 Approval of interrogatories, 338 Commissioner's summons, • 338 Oath of witness by commissioner, 339 Caption of deposition, 339 Affidavit on claim of personal property, 339 Order to take property, 340 Undertaking on claim of personal property, 340 Acknowledgment of undertaking, 340 Justification of sureties, 340 Undertaking to retain property, 341 Excepting to the sureties, 341 Oath of surety, 341 Eeturn of constable, 341 Summon in replevin, 342 Complaint in replevin, 342 Fees of commissioners to take testimony, 224 Transcript of judgment on contract, 342 Transcript of judgment in tort, 343 Execution against property, 343 INDEX. 591 FAOS. Justice's Court, execution against tliebody, 343 Execution against joint debtors, 344 Renewal of execution, 344 Indorsement of levy on execution, 344 Advertisement of sale, 344 Constable's return to execution, 344 Assignment of judgment of, 55 Affidavit to discharge from jail, 345 Removal of constable, 345 Warrant for criminal contempt, 346 Conviction for a criminal contempt, 346 Commitment for a contempt, 346 Commitment- of a witness, 347 Complaint for a peace warrant, . : 347 Examination for a peace warrant, 348 Peace warrant, 348 Recognizance for court of sessions 348 Warrant to commit for want of sureties, 349 Warrant to commit to keep the peace, 349 Warrant to discharge from jail, 349 Complaint for grand larceny, 350 Warrant for grand larceny, 350 Warrant for assault and battery, 351 Warrant for murder, 351 Warrant for manslaughter, 352 Warrant for a rape, 352 Warrant for maiming, 353 Warrant for shooting, 353 Warrant for attempt to discharge firearms, 353 Warrant for assault with weapons, 353 Warrant for assault with intent to kill, 354 Warrant for poisoning, 354 Warrant for assault to commit a felony, 354 Warrant for assaulting with a dog, 355 Warrant for assault by bad driving, 355 Warrant for assaulting a sheriff, 355 Warrant for false imprisonment, 355 Warrant for receiving stolen goods, 356 Warrant for perjury, 356 Warrant for aiding prisoner to escape, 356 Warrant for rescuing a prisoner, 356 Warrant for a riot, 357 Warrant for bigamy, 357 Warrant for keeping a disorderly hoMse, 357 592 INDEX. FAOB Jcstick's Court, warrant for trespass in cutting timber, 357 Commitment for further examination, 357 Criminal subpoena, 358 Warrant to arrest a witness, ■ 358 Recognizance of a witness, 358 Recognizance of a prisoner, 359 Complaint for a search warrant, 359 Search warrant, • 360 Kentucky, form of acknowledgment in, 11 Land, contract to sell and purchase, 131 Landlord and Tenant, who are, 361 Tenant, removed how, 363 Landlord's agreement, 366 Tenant's agreement, 366 Surety given by tenant, 366 Agreement not to underlet, 367 Agreement as to use of premises 367 Security pledging property, 367 Lease of a house, 367 Agreement between, 369 Security on the foregoing, 369 Farm lease, 3 < Agreement for furnished room, 371 Assignment of a lease, ; . . . . 371 Surrender of a lease, 3(1 Lease and chattel mortgage, 3/2 Affidavit of premises deserted, 373 Notice affixed on premises, 373 Appeal bond, 3/4 Entry as to desertion in justice's docket, 374 jSTotice to justice of appeal, 3/4 Notice to landlord of appeal, 3/0 Oath of holding over, 3 / a Summons to remove tenant, 3/5 Proof of service of summons, 375 Warrant to put landlord in, 376 Notice to tenant at will or sufferance, to quit, 376 A.ffidavit of landlord, tenant at will, 376 Summons to remove tenant at will, 3 / / Warrant to remove tenant at will, 37/ Notice to pay rent or give possession, 3/8^ Affidavit to obtain summons to quit, 3< 8 Summons for tenant to show cause, • 3/8 Warrant to dispossess tenant on default, 3/ J INDEX. 593 FAOE. Landlord and Tenant, affidavit of tenant denying, 379 Precept to summon jury, 379 Subpoena to appear and testify, 380 Warrant to dispossess tenant after a trial, 380 Kotice by tenant that he will quit, 380 Complaint for forcible entry and detainer, 381 Affidavit annexed to, 381 Precept to summon jury, 381 Notice to the person complained of, 382 Proof of service of notice, 382 Juror's oath, 382 Inquisition of the jury, 382 Traverse, 383 Venire for petit jury, 383 Juror's oath on traverse, 384 Warrant, to make restitution, 384 Warrant of restitution, on default, 385 Complaint, for forcible entry and detainer, 385 Affidavit annexed to complaint, 386 Lease, should be in writing, 362 Power of attorney to make, 495 Forms of, •. . . . 366, 367, 370, 372 Assignment of, 4d And chattel mortgage, 372 Legacy, power of attorney to receive, 494 Bond to refund, Ill Letter of attorney, what is, 489 Librarian of school district, elected how, 503 Book of,. ." 518 Vacancy in, how supplied, 519 Order for library money, 511 License, petition for, to sell intoxicating liquor, 214 To keep a hotel, 215 To sell intoxicating liquor in a store, 216 To keep a ferry, 244 Letter of, to an embarrassed debtor, 187 Life Estate, devise of by will, 556 Lien of mechanics, notice of, 396 Lunatic, how taken care of, 387 Deed by a committee of, 154 Information before two justices, 389 Warrant to confine, 389 Warrant to bring before justices, 390 75 ft' 594 INDEX. FAex. Lunatic, order sending to the asylum, 390 Affidavit of physicians as to, 390 Application to a judge to take care of, 391 Affidavit annexed to application, 391 Subpoena for witnesses as to, 391 Certificate of judge as to, '. 391 Judge's report to supervisors as to, . . . 392 Maiming, w^arrant for, 353 Maine, form of acknowledgment in, 9 Manslaughter, warrant for, 352 Manufacturing Corporation, charter of, ' 84 'i^ Maryland, form of acknowledgment in, 10 Marriage, who may solemnize, 288 Divorce from, , 289 Certificate of minister of, 292 Certificate of magistrate to, 292 Certificate of town clerk to, 293 Oath identifying parties, 293 Articles of. 293 ■ Jointure in Ueu of dower, 296 Separation from, 294 Massachusetts, form of acknowledgment in, 9 Mechanics' Lien, how created, 393 .Contractor's notice of, 396 Notice of, by third person, 396 Contractor's notice to enforce lien, 396, 397 Notice to enforce by third person, 397, 398 Bill of particulars of, 398 'A Notice served Avith bill of particulars, 398 Proof of publication of notice, 399 Proof of absence of owner, 399 Proof of owner's default, 399 Judgment on default, 400 Answer of the owner, 400 Bill of particulars of the owner, 400 Judgment on issue and trial, 401 Notice to claimant to enforce, 401 Proof of service of notice, 401 Satisfaction of, 401 Michigan, form of acknowledgment in, 12 Minor may bind himself as apprentice, 19 Indenture? to bind 24, 25 > INDEX. 595 Missouri, form of acknowledgment in, 12 Mortgage, what is, 142 How foreclosed, 143 Deed in foreclosure of. 152 Release of part of premises of, 158 With interest clause, 159 With covenant to insure, IGO For purchase money, 1 GO To secure a note, IGl To secure indorser, IGI Notice of sale on foreclosure of, 162 Proof of sale in foreclosure, 162 Costs in foreclosure by advertisement, 104 Of property of religious society, petition for, 88 Of property of a religious society, order for, 89 To a banking association, 80 Assignment of, to banking department, 81 Release from part of land subject to, 500 Of a ship or vessel, 525 Assignment of, 55, 57 Mortgage of personal property. See Chattel Mortgage. Satisfaction of, 13 Mortgagor, affidavit of an assignment to Bank Department, 76 Consent of, as to assignment to department, 82 Mother, absconding, warrant for, 459 Murder, inquisition of, 169, 170 Warrant for, 351 Naturalization, conditions of, 402 Declaration of intention, 405 Clerk's certificate to copy declaration, 405 Proof of declaration, 405 Oath at the time of admission, 406 Proof of residence and good behavior, 406 Oath of minor at the time of admission, 406 Proof of residence during minority, 406 Affidavit of resident alien to hold real estate, 407 Certificate of citizenship, 407 Navy, pension claim, 139 New Hampshire, form o^ acknowledgment in, 9 New Jersey, form of acknowledgment in, 10 New York City, districts of, assigned to coroners, 108 Notary's notice of protest of bills and notes, 98 596 INDEX. PAOS. Notary's certificate of protest of bills and notes, . 98, 99 Certificate of loss by fire, 307 Protest of ship or vessel, 526 Fees of, 227 Note, mortgage to secure, 161 Indorser of, mortgage to secure, 161 Complaint against maker, 333 Notes, forms of, 95, 96 Notice of protest of, 98 Certificate of protest of, 98, 99 Guaranty of payment of, 97 Guaranty of collection of, 97 Bond to indemnify on paying lost, 112 Notice, to arbitrators of their appointment, 42 Of hearing before arbitrators, 43 Of revocation of arbitration, 44 Notice of Sale, to foreclose chattel mortgage, 106 Oath of constable attending jury on leave, 121 Of constable attending jury on adjournment, 121 Of constable attending a jury on retiring, 1 22 To discharge a juror or constable, 122 On application to remit a fine, 122 Of poor witness for expenses, 122 Of juror in criminal action, 123 Of triers on challenge to the favor, 123 Of witness sworn before the triers, 123 Of a witness, on a trial for felony, 124 Of a juror on a trial for misdemeanor, 124 Of a witness on a trial for a misdemeanor, 124 Of subscribing witness, 1 ' Of person identifying witness, or parties, . . • 17 Of person sworn with uplifted hand, 17 Of person sworn on the Gospels, 18 Of foreman of the grand jury, 118 Of grand jury, 11° Of petit jury, in civil action, 119 Of triers in a civil action, 120 Of a witness on a challenge of juror, 120 Of witness in a civil action, 120 Of interpreter, 121 Of interpreter for deaf and dumb witness, 121 Of witness on voire dire, 121 To show loss of paper, 121 Preliminary, to showing handwriting of subscribing witness, 121 INDEX. 5D7 PAGE. Occupant of Land, notice as to tax sale, 542 Officers, fees of, 219 Official character, certificate of, 1-7 Ohio, form of acknowledgment in, 11 Order, of court of sessions on complaint of master, 34 Of court of sessions on complaint of apprentice, 36 Overseers of Highways, how many elected and duties, 249 How elected, 543 Order appointing, by commissioners, 256 Vacancy in office, how filled, 544 • List of persons for highway labor, 257 Assessment of highway labor, 258 Notice to non-residents as to labor, 250 Complaint by, for not working, 2GQ Complaint by, for not furnishing team 2G0 List of persons who have not worked . for the Supervisor, 262 Annual q,ccount ofj 263 Complaint against, for neglect, 265 Assessment by, persons not assessed, 266 Assessment by, for a scraper or plow, 282 Notice by, to agent of non-resident, 282 Oath of, 546 Fees of, 228 Overseers of the Poor, duties of, 455 Constitutional oath of, 458 Eeport to county sessions, 460 How elected, 543 Vacancy in office, how filled, 544 Fees of, 228 Order of, to remove poor person, 465 Indenture of apprentice by, 471 Notice by, to inn keeper, 472 Execution against, 474 Bond of, and approval of, 488 Consent to apprentice's indenture, . Oi Paper, clerk's certificate to a copy of,- 1 •^7 Parent's consent to apprenticeship, 24 Agreement on behalf of apprentice, 26 Partition, deed on sale in, 1 53 Covenants in, 18^ Fees of commissioners in, 224 Partner, release of one of, • • 50) 598 INDEX. TAOZ Partnership, what is a general, 408 Limited or special, what is, 410 Articles of, . . 414, 412 Agreement to continue, 415, 413 Dissolution of, 416 Certificate of limited, 416 Acknowledgment of certificate, 416 Affidavit filed with the certificate, 416 Notice be published, 417 Designation by clerk of newspaper, 417 Proof of pubhcation, 417 Party Wall, contract as to, 136 Patents who may, and how obtain, 418 Extended when. 420 Fees on issuing, .' 421 Who may receive fees for, 422 Testimony in contested cases, 423 Petition for, 424 Specification of, 424 Specification for a machine, 425 Oath annexed to specification, 425 Oath of alien to specification, 425 P€tition to withdraw application, 426 Surrender of, for a re-issue, 426 Oath to application for re-issue, 426 Addition of new improvements, 427 Disclaimer of, 427 Application for designs, 427 Specification for designs, 428 Oath to specification for designs, 428 Caveat, 428 Assignment of the entire interest, 429 Assignment of partial right, 429 Certificate of deposit with Treasurer, 430 Deposition as to interference, 430 Superscription to deposition, 430 Amendment to specification, 430 Assignment for one or more States, 431 Patent Right, assignment of, 51 Penal Bill, form of, 109 Pennsylvania, form of acknowledgment in, 10 Pensions, what and how granted, 432 Arrears of, to whom paid, 433 f INDEX. 590 PAGE. Pensions, invalid's claim, 43G Power of attorney to draw, 430 Acknowledgment to power of attorney, •i'.'.T Widow's claim for, 437 Ad(jitional proof to draw, 437 Oath of guardian for, ; . 438 Certificate of county clerk as to magistrate, 438 Oath of the attorney who draws, 438 Identity of widow or child of p-ensioner, 438 Certificate as to death of a pensioner, 439 Navy pension claim, 439 Widow navy pension claim, 439- Guardian claim for navy, 440' Application for an invalid, ^ 440 Certificate of clerk as to officer, 441 Surgeon's certificate as to invalid, 441 Perjury, warrant for, 356 Petition for support of a poor relative, 458 Against a disorderly person, 474 In a bastardy case. 477 To sell intoxicating liquors in a tavern, 214 By owner of land to keep a ferry, 243 By a person not owner of land to keep a ferry, 244 That assignee account, 61 To county judge in plank road matters, 449 For patents, 424 That a lunatic be taken care of, . .• 391 To withdraw application for a patent, 426 Physicians, affidavits of, as to lunacy, 390 Plank Roads, companies of, how formed, 442 Application to board of supervisors, 443 Acquire title to land, 443 Who exempt from paying toll, 444 Affairs of, how conducted, 445 Liability of stockholders, 445 Notice that books are open for subscription, 446 Book of subscription, 446 Notice of election of first directors, 446 Articles of association, 447 Scrip certificate, 447 Proof as to subscript'on, 448 Application to supervisors, 448 Notice of application, 448 Notice of meeting of board of supervisors, 448 600 INDEX. PAGE. Plajjk PiOADS, proof of call of meeting of supervisors, 449 Oatli of commissioners, 449 Petition to countj^ judge, 449 Affidavit .annexed to petition, 449 Proof that owner is unknown, _. . . 450 Order for a jury to be drawn, 450 Notice of order f ir a jury, 450 Order appointinp: guardian, 450 Precept to summon a jury, 451 Subpoena for witnesses. 451 Order fixing meeting of the jury, 451 Notice of meeting of jury, 451 Verdict of the jur3\ 452 Agreement with supervisors and commissioners, 45*2 Release of land for i oad, 452 Notice of election of directors 453 Notice to pay in stock, 453 Annual report of directors, 453 Affidavit annexed to report, 453 Pleadings, in justice's court, kinds of, 313 Poisoning, inquisition in case of, 171 Warrant for, 354 Policy of Insurance, assignment of, 50 Poor Laws, regulations by, 454 To provide poor houses, 455 Who are vagrants, 456 Who arc bastards, 456 Oath of superintendent of the poor 458 Oath of overseer of the poor, 458 Petition to compel support of relative, 458 Notice of foregoing petition, 459 Proof of service of notice, 459 Warrant to seize goods, 459 Report to county sessions, 4G0 Bond given for support of a poor person, 460 Order to discharge warrant, 460 Order of sessions to support poor, 461 Notice from town to support poor, 461 Notice contesting settlement, 462 Summons to witness, 462 Decision as to settlement, 462 Notice that pauper be supported by town, 463 Decision re-examining settlement, 463 Certificate as to a county pauper, 463 INDEX. GOl PAOE. Poor Laws, notice as to legal settlement. 404 Decision of county superintendents, 404 Overseer's order to remove poor person, .- 405 Certificate as to expense, 405 Order to pay expenses, 405 Order for temporary relief, 406 Certificate for vireekly allowance, 406 Notice of no legal settlement, 406 Proof of service of the last notice, 407 Notice of improper removal, 407 Denial of improper removal, 40 < Annual report of superintendent, 408 Supervisor's report, 409 Complaint and warrant to arrest vagrant, ■ 409 Conviction of a vagrant, 470 Commitment of a vagrant, 470 Warrant to send child to poor house, 471 Indenture of apprentice by superintendents, 471 Indenture of apprentice by overseers, 471 Notice to tavern keeper not to sell liquor, ; 472 Notice to overseers by an alleged drunkard, 472 Venire to examine as to a drunkard, 472 Subpoena for witness as to drunkenness, 473 Juror's oath, % 4(3 Witness' oath, 473 Execution against drunkard, 473 Execution against overseers, 474 Revocation by overseers, 4/4 Complaint against disorderly person, 474 Warrant against disorderly person, 475 Recognizance by a disorderly person, 475 Record as to a disorderly person, 476 Warrant to commit a disorderly person, 4/6 Discharge of a disorderly person, 476 Jailer's report as to disorderly persons, 477 Application as to a bastard, 477 Examination before birth, 477 Examination after birth, 478 Warrant to apprehend a father, 478 Subpoena in a bastardy case, 4/8 Bond on adjournment in bastardy, 478 Order of filiation, 479 Bond under order of filiation, 480 Warrant to commit putative father, 480 76 602 INDEX. PAGE. Poor Laws, warrant to release putative father, 481 Justice's indorsement for a foreign county, '481 Justice's indorsement in a foreign county, 482 Bond given in a foreign county, 482 Indorsement on a warrant, 482 Order of filiation, father absent, 482 "Warrant to commit a mother, 483 Summons to a mother, 484 Order that mother support child, 484 Warrant to commit a mother, 485 Summons for mother to testify, 485 Warrant to seize parent's property, 486 Order reducing sum to be paid, 486 Notice for order to increase pay, 487 Notice for order to reduce pay, 487 Notice of appeal from justice's order, 487 Bond of superintendent of the poor, 487 Approval of superintendent's bond, 488 Bond of overseer of the poor, 488 Approval of overseer's bond, _ 488 Port Wardens, certificate of, for auctioneer, 69 Pound Masters, how elected, 543 Vacancy in office, how filled, 544 Fees of, '. 228 Power of Attorney, what, and who may give, 489 Common form, 491 To receive dividends on stock, 491 To vote for directors, 491 Affidavit annexed to, 492 For transfer of stock, 492 From partners to collect debts, , , 492 To receive a debt, 493 To receive a legacy, 494 To receive rents of an estate, 494 From creditors to bring actions, 494 To lease or sell lands, 496 To take possession of land and sell, 495 Revocation of, 498 To transfer stock in a bank or corporation, 84 To receive dividend 86 To appear in justice's court, 325 Printers, fees of, 228 Private Road, application for, 27' INDEX. ' 603 PAGE. Private Road, certificate of jury to open, 27G Summons for a jury to open, 276 Order for laying out, 277 Promissory Notes, forms of, 05, 96 Protest of, 08, 99 Property, affidavit to recover personal, 339 Order of justice to take personal, 340 Undertaking to recover personal, 340 Complaint for injuring personal, 335 Complaint for injuring real, 335 What exempt from taxation, 532 Protest, notice of, 98 Certificate of, 98, 99 Of ship or vessel, 526 Proxy to vote at election, 84 Affidavit annexed to, 85 Oath of, when challenged, 86 To vote for directors, 491 Public Instruction, Superintendent of, 502 Quiet Enjoyment, covenant for, 181 Quit-Claim Deed, 146 Rape, warrant for, 35w Real Estate, assignment of contract for, 51 Contract to sell and purchase, 131 Receipt and Release, what is, 497 A general form, 498 For a quarter's rent, 498 For money paid by another person, 498 In part of a bond, 498 For interest due on a bond, 499 On account, 499 Receiving Stolen Goods, warrant for, 356 Recognizance, of a witness with sureties, 358 Of a prisoner with sureties, 3o9 Of a disorderly person, 475 On application to keep ferry, 244 To appear at court of sessions, 348 To keep the peace, ^48 Of a witness before a coroner, 17o Of master, when apprentice complains, 33 Of apprentice, where master complains, 3o Proclamation for a witness to appear under, 123 604 INDEX. PASS. Recognizance, clerk's address on taking, 124 Record, clerk's certificate to copy of, 127 Redemption of lands, sold for taxes, 535 Notice of, to occupant of land, 542 Proof of service, of notice to, 542 Of judgment, afl&davit for, 156 Referees' deed, in foreclosure, 152 Deed in partition, 153 Fees of, 228 Appointment of, as to laying out roads, 279 Decision of, as to laying out roads, 281 Registers of Deeds, fees of, 228 Registry, fees of the clerk of the board of, 223 Relations, support poor, when, 454 Release, kinds of, 497 Of all demands, 499 Mutual, by indenture, 499 To a guardian by a ward, 500 Of land from a judgment, 500 Of part of mortgaged premises, 500 Of one of a partnership, 501 Of dower, 157 Of part of mortgaged premises 158 Of land, for a plank road, 452 Of dower to the heir, 205 General, indorsed on deed, 158, 205 Of damages, on opening a road, 270 Religious Society, incorporation of Episcopal, 86 Incorporation of other than Episcopal, 87 Petition to sell or mortgage estate of, 88 Petition of trustees for leave to mortgage, 88 Order for leave to mortgage or sell, 89 Bond of treasurer of, 115 Rent, complaint for, 334 Power of attorney to collect, 494 Receipt for, 498 Replevin, affidavit for, 339 Order of justice in, 340 Undertaking in, of plaintiff, 340 Undertaking, of defendant in, 341 Return of constable in, 341 Summons in, 342 INDEX. 605 PAOE. Replevin, complaint in, 342 Report of county superintendent, annual, 468 Of supervisor, as to poor, 4G9 Of commissioners, in admeasuring dower, 203 Of directors of plank roads, 453 Of overseer, to county sessions, 460 Rescue, warrant for aiding in, 3o6 Respondentia Bond, what it is, 108 Form of, Ilf Revocation of a power of attorney, 496 Right of Way, deed of, 157 Riot, warrant for, 3o7 Road Districts, order dividing a town into, 256 Roads. See Highways. Sale, sheriff's certificate of, ^^^ Satisfaction of a judgment, of a court of record, 14 By the plaintiff, 1'* Of a mortgage, 13 (Another form), 1 'i Of mechanics' lien, 401 Scholars, abstract of attendance of, 518 School Commissioner, how elected, 502 Oath of, 507 Order of altering, a district, 507 Certificate, to a teacher, 509 Annual report of, 510 Appeal from decision of, 519 School District, notice of meeting, 506 Minutes of meeting, •. 506 Verification to accounts of officer of, 516 Alteration of, 507 Order erecting, 508 Notice of first meeting, 508 Fees of collector of, 228 Notice of sale of house of, 509 Financial report of trustees for the district, 513 Report of trustees of, for town clerk, 514 Schools, superintendent of public instruction, 502 Commissioners of, election and duties of, o02 "What may draw public money, 502 Duties of trustees, 504 606 INDEX. FAOB. Schools, duties of clerk of, 503 Tax to support, 504 Duties of collector of, 504 Vacancy in offices of, supplied how, 505 Appeals in regard to, 505 Notice of meeting of district, 506 Minutes of meeting of district, 506 Consemt of supervisor that house be removed, 506 Oath of commissioner of, 507 Order altering district, 507 Supervisor and town clerk as to altering, 507 Consent of trustees to altering district, 507 Notice where trustees do not consent, 508 Order for a new district, 508 Notice of first district meeting, 508 Order to serve notice for a meeting, 508 Notice of sale of property of, 509 Apportionment of proceeds of sale, 509 Certificate of teacher, 509 Order annulling certificate, 509 Commissioner's annual report, 510 Affidavit of a person challenged, . .' 511 Order for teachers' wages, 511 Order for library money, 511 Tax list for a school house, 511 Warrant to collect a tax, 511 Rate bills for fuel, 512 Bond of collector of, 512 Renewal of warrant, 513 Trustees' report of moneys received, 513 Report of trustees for town clerk, 514 Collector's notice to pay taxes, 516 Return of collector, 516 Collector's notice of levy and sale, 516 Verification to account of officers of, 516 Notice oh copy account, 517 Copy account for supervisors, 517 Notice on copy for supervisors, 517 Notice to officers of their election. 518 Notice to town clerk of officers, 518 Librarian's book, 518 Report of attendance of scholars, 518 Appointment of trustee, 518 Appointment of clerk, librarian or collector, 519 Appeal to superintendent, 519 INDEX. 607 FAOK. Schools, notice of appeal, 520 Proof of service of notice, 520 Sealers of Weights and Measures, how elected, 543 Vacancy in office, how filled, 544 Fees of, 22« Search Warrant, complaint for, 359 Form of, SCO Security, assignment of bond and mortgage as 57 Assignment of contract as, 57 Seisin, covenants for, 180 Settlement of a poor person, order for, 4G2 Sheriffs, deed on sale under an execution, 150 • Deed in foreclosure, . 152 Deed in partition, 153 Warrant for assaulting, 355 Bond to indemnify, 113 Certificate of sale, 1 5G Assignment of certificate of sale, 157 Acknowledgment of deed bj', 9 Fees in civil cases, 229 Fees in criminal cases, 230 Ships and Vessels to be registered, 521 May be mortgaged, 522 Sale of registered, 523 Sale of enrolled, 524 Enrollment of, 524 Mortgage on, 525 Marine protest, 52G Contract to freight, 133 Shooting, warrant for, 353 Sick to be supported, 454 Society, bond of a treasurer of, 115 Special Sessions, who may hold court of, 317 Specification, for a patent, 424, 428 Stamps, 231 Statute of Frauds, 129 Stock, power to collect dividends on, 491 Power to transfer, 492 Of company, contract to sell, , 138 Of plank roads, subscription for, 446 Notice to pay in, 453 Liability of holders of, 445 608 INDEX. FAOB. STOCKnoLDERS of plank roads, liability of, 445 Notice to pay in stock, 453 Oath of, when challenged at election, 85 Storekeepers, license to sell intoxicating drink, 216 Bond of, to sell intoxicating liquor, 217 Minute of board of excise, as to liquor sellers, 218 Strays, wh?t are, and how taken care of, 528 Notice of, for town clerk, 530 Notice of sale of, 531 Certificate of fence viewer as to, 530 Receipt of supervisor, 531 Certificate of fence viewer, in regard to, 240 Submission to arbitration, 41 Revocation of, 44 Subpoena, form of, 328 Duces tecum, 328 Proof of service of, 323 For a witness to get an attachment, 321 To examine in regard to lunacy, . . .* 391 Of coroner, for witness, 168 In criminal matters, 358 To prove as to habitual drunkenness, 473 For a subscribing witness, 16 Proof of service of, 16 Petition for, 15 In a bastardy case, 478 For witness in plank road matters, 451 To appear before arbitrators, 43 Oath to obtain, 43 Subscribing Witness. See "Witness Subscribing. Subscription, to build a church edifice, 138 Suicide, inquisition of coroner in cases of, 170, 172 Summons, in justice's court, 318 Proof of service of, 318 AfSdavit for a short, , 318 Security on short, 318 That assignee account, ••• 62 To mother on order of filiation, 484 To mother to testify in bastardy, 485 Long, issued when, 310 Short, issued when, 311 For a jury as to encroaching on a highway, 284 In replevin, 342 INDEX. 609 PAGE Summons, for a witness on a commission, 338 Return to, of defendant not found, 325 For witness, by superintendent of the poor, 4G2 For witness in default, 329 For juror in default, 329 For not working highways, 2G1 For a jury to open a i^j-ivate road, 276 For a jury to open a highway, 273 To remove or show cause, tenant at will, 377 To a jury, on removal of a tenant, 379 To remove tenant in default, 378 Affidavit to obtain for non-payment, ." 378 On apprentice's complaint of ill-treatment, 31 On apprentice's complaint where money is paid, 32 On master's complaint where money is paid, 34 For tenant holding over to remove, 375 Proof of service of. 375 To jury in forcible entry and detainer, 381 Superintendent of the Poor, to be elected, 455 Duties of, 455 Constitutional oath of, 458 Decision as to paupers, 462 Decision re-examining settlement, 4G3 Certificate as to county poor, 464 Decision of the board of, 464 Certificate of weekly allowance, 466 Annual report of, 468 Indenture of apprentice by, 471 Application by, as to bastardy, 477 Bond of, 487 Approval of bond of, 488 Supervisor, how elected, 543 Vacancy in office, how filled, 544 Duties of board of, 544 Consent to remove school house, 506 Action of board of, as to school officer's accounts, 517 Consent to alter a school district, 507 To lay taxes by the board of, 533 Receipt of, for money for strays, 531 Application to, by plank road company, 448 Notice of meeting for plank road company, 448 Constitutional oath of, 546 Book of accounts, 546 Certificate of accounts of, 546 77 610 INDEX. rAOB. Supervisors, fees of clerk of the board of, 223 Fees of, 232 Sureties, warrant to commit for not finding, 349 Warrant to discharge on finding, 349 Surety, bond to indemnify, 112 Surgeon, certificate of, to obtain a pension, 441 Surrender, of a lease, 371 Surrogates, fees of, 232 Surveyors, fees of, 232 Tavern, petition to sell intoxicating liquor, 214 Bond to sell intoxicating liquor in, , 215 Taxes, what property exempt from, 532 Assessment roll, how made, 533 To be laid by board of supervisors 533 Duties of collector as to, , 534 Duties of county treasurer as to, 534 Unpaid, what to be done, 535 Sales for, by comptroller, 535 Land may be redeemed from sale for, 535 Commutation to be collected with, 536 Notice of completion of assessment, 537 Assessment roll, 537 Assessment roll of non-residents, 537 Oath of assessor on roll, 538 Oatli of assessor on military roll, 538 Collector's bond, 538 Collector's warrant, 539 Collector's notice to pay, 539 Account of unpaid taxes, 540 Affidavit of collector to unpaid taxes, 540 Treasurer's certificate as to unpaid taxes, 540 Notice of levy and sale by collector, 541 Affidavit that company has not paid, 541 Affidavit as to real estate to reduce, 541 Affidavit as to personal estate to reduce, 541 Warrant of county treasurer, 541 Notice to occupant of land sold, 542 Proof of service of notice, 542 Teacher of Schools, certificate of, 509 Attendance of scholars, 518 Order annulling certificate, 509 Order for wages, 511 Tenant, who is, and rights of, 361 INDEX. 611 r FAOS. Tenant, may sublet when, 3G2 May be removed when, 3G3 Agreement of hiring, 36G Surety given by, 3G9, 3GG Agreement not to underlet, 3G7 Agreement with a landlord, 3G9 Assignment by, 3/1 Surrender by, 371 Lease and chattel mortgage by, 372 Bond on appeal from order as to abandonment, 374 Notice of appeal as to abandonment, 374 Summons to remove, when holding over, 375 Warrant to put out, when holding over, 376 Notice to, to quit, when at will, - 376 Summons to, to remove or show cause, 377 Warrant to remove, when at will, 377 Summons to remove for non-paj'^ment, 378 Warrant to remove for non-payment, 379 Affidavit of, denying, 379 Notice of, that he will quit, 380 Testimony, taken by coroner, ^''^ Towns, division of, into election districts, 548 Account against, 549 Accounts audited against, 550 Notice to build a house for, 550 Resolution to build a house for, 551 Notice of meeting of, 551 Notice to county clerk what officers elected in, 551 Town Clerk, how elected, 543 Yacancj^ how filled, C)44 Constitutional oath of, 54G Certificate as to entries of, 547 Appointment of, 551 Notice of town meeting by, 55 1 Notice to county clerk of persons elected, 551 Certifi.cate as to marriage, 293 Fees of, 233 Town Collectors, fees of, 233 Town Meetings when held, and who to elect, 5 13 Who to preside at, 544 Notice of, 551 Town Officers, what and how chosen, 543 Vacancies in, how filled, 544 612 INDEX. \ PAOE. Town Officers, who form board of town audit, 544 Duties of supervisors as to money, 544 Duties of board of supervisors, 544 Coustitutional oath of, 546 Supervisor's book of account, 546 Certificate as to supervisor's account, 546 Certificate as to copies of town clerk's book, 547 List of jurors, 547 List of grand jurors, 547 jSTotice of election, 548 Division of town into districts, 548 A.lteration of election districts, ; 548 Call to appoint inspector of elections, 549 Appointment of inspector of elections, 549 Account against a town, 549 Affidavit to an account, 549 Claims audited by toAvn board, 550 Notice of resolution for a town house, 550 Proof that resolution passed, 550 Resolutions to raise money for a town house, 551 Appointment of a town clerk, 551 Notice of a town meeting, 551 Notice to county clerk of election of officers, 551 , Transfer of stock, power of attorney to make, 85 Transcript of judgment on contract, 342 Of judgment, in tort, 343 Treasurer of a society, bond of, ' 115 Of the county, fees of, 225 Trespass in cutting timber, warrant for, 357 Trustees of school district, how elected, 503 Order filling vacancy, 518 Duties of, = 504 Of assigned debtors, fees of, 233 Acknowledgment of deed by 9 Under Sheriff, acknowledgment to deed by, 7 Undertaking of plaintifi" in replevin, 340 Qualification of sureties, 340 Of defendant in replevin, 341 Vagrant, complaint against, 469 Warrant to arrest, 469 Conviction of, 470 Commitment of 470 INDEX. 613 PAGE Venire in justices' court, 330 Eeturn to, 330 For jury in forcible entry and detainer, 383 To test as to a habitual drunkard, 472 Verdict, talking of, in a capital case, 125 Taking of, in a civil case, t 12G Polling a jury on taking, 125 Entry of, in civil actions, 12G Of a jury as to title for plank road, 452 Vermont, form of acknowledgment in, 10 Vessel, sale of a registered, 102 Bottomry, bond of, 113 Bill of sale of an enrolled, 103 Vessel. ^See Ship. ■\'iRGiNiA, and West Virginia, form of acknoledgement in, 11 Wages, assignment of demand for, 52 Waiver of exemption of homestead, 299 Wall, contract as to a party, 136 Warrant, civil, 319 Return of constable to, 319 Affidavit for, for not paying money, ■ 319 Affidavit for, by non-resident plaintiff, . 320 Affidavit for, in trespass, 320 Security on issuing, 320 To collect school moneys, 511 Renewal of, 513 To collect costs as to encroachment on roads, 286 To dispossess tenant on default, 379 To dispossess tenant after verdict, 380 To ari'est subscribing witness, 16 To commit subscribing witness, 17 To put landlord in possession, 370 To remove tenant at will, 377 Of coroner to arrest party charged, 173 Of coroner to commit a party charged, 174 Of coroner to commit a witness, 175 To collect a fine for not working highways, .• 262 To collect taxes by board of supervisors 539 To collect taxes by county treasurer, 541 To commit for not finding sureties, 349 To commit for threats or an affray, 349 ■ To discharge from jail on finding sureties, 349 Complaint on, for grand larceny, 350 614 INDEX. PAGE. Warrant, for grand larceny, 350 For assault and battery, 351 For murder, 351 For manslaughter, 352 For a rape, 3t>-. For maiming, 353 For shooting with intent to kill, 35o For shooting with intent to commit a felony, 353 For assault with a deadly weapon, 353 For poisoning, 354 For assault with intent to commit a felony • 354 For assault with a dog, 355 For assault by recklessly driving a cart, 355 For assaulting a sheriff, 355 For false imprisonment, 355 For receiving stolen goods 356 For perjury, 356 For aiding to break jail, 356 For rescuing a prisoner, 356 For aiding to escape, 356 For a riot, 357 For bigamy, 357 For keeping a disorderly house, 357 For trespass in cutting timber, 357 Of commitment for further examination, 357 Complaint for, for a search, 359 For a search, 3GU For a witness not obeying subpoena, 358 For absconding father, husband or mother 459 Discharge of, for absconding, 460 To arrest a vagrant, 469 To commit a vagrant, 470 To commit child to poor house, 471 To arrest a disorderly person, 475 To commit a disorderly person, 476 To discharge a disorderly person, 476 To apprehend putative father, 478 To commit putative father, 480 To release putative father, 481 To commit a mother for not testifying, 483 To seize property in bastardy, 486 To commit for not paying in bastardy case, 485 Of restitution in forcible entry and detainer, 384 To confine a lunatic, 389 To bring lunatic before justices, 390 INDEX. 615 FAOK. WAURiNT, for contempt, 346 For breach of the peace, 348 Complaint for, 347 Examination for a breach of the peace, 348 To commit a witness refusing to testify, 347 To arrest apprentice, lor not working, 28 To commit apprentice for not working 29 To arrest apprentice for misbehavior, 30 To commit apprentice for misbehavior, 30 Warranty, complaint for breach of, 335 Warranty Deed, 147 Water-Course, deed of, 155 Way, deed of right of, 157 Wheat, contract for sale of, 139 Widow of pensioner, identity of, 438 Wills, who may make, and how executed, 552 Witnesses to, in different states, 553 How revoked, 553 When revoked in part, 553 May be recorded, when, 554 When it gives, in addition to dower, 554 Common form, 555 Codicil to, 556 Of estate for life in lieu of dower, 556 As to advancement to children, 556 Appointment of guardians, 557 Charging annuity on real estate, 557 Appointing guardian, and as to property of infant, 558 Power to convey real estate, 558 Proof of execution of, 558 Proof of record of, 559 Proof that executor has qualified, 559 Certificate attached for record, 560 Deed executed under, 153 Wisconsin, form of acknowledgment in, 13 Witness, subpoena for, before coroner, 168 Attachment of coroner against, 1 68 Oath of, on coroner's inquest, x69 Testimony of, before coroner, 174 Commitment of, by coroner, 175 Recognizance of, before coroner 175 Commitment of, for not testifying, 347 Subscribing, petition to compel, to testify, 15 616 INDEX. TAOS, Witness, subscribing, subpoena for, IG Subscribing, proof of service of subpoena on, IG Subscribing, warrant to arrest, 16 Subscribing, commitment of, 17 Subscribing, oath administered to, 17 Subscribing, affirmation administered to, 17 Subpoena and oath as to drunkenness, 473 Justice of the peace, a material, 333 Subpoena for, by plank road company, 451 Not attending, warrant for, 358 EecQO'nizance of, 358 Summons for a defaulting, 329 Attachment for a defaulting, 329 Conviction of a defaulting, 329 Execution against a defaulting, 330 Summons for, on a commission, ' 338 Oath of, before a commissioner, 339 Fees of, 233 To a will, how many, 553 Oath of, in justice's court, 332 Oath on voire dire, 332 Oath of, on challenge to the jury, 331 Subscribing, absence of, proved, 331 Wood, contract to sell and dehver, 137 Workman, contract with, 138 Work, labor and services, complaint for, 334 ^A W .9 UC SOUTHERN REGIONAL LIBRARY FACILITY I AA 000 684 076 3