Petition to admit an infant to defend by Guardian.

Supreme Court.
To &c. (as above)

SHEWETH,

G. H.

}

The petition of G. H. the defendant in this cause, respectfully THAT an action of

having been commenced in this court against your petitioner by the above named plaintiff, and your petitioner being under the age of twenty-one years, to wit, of the age of years, and having as he is advifed and believes a good defenec in faid action.

Your petitioner therefore prays, that he may be admitted to appear and make his defence in the faid action, by J. K. his guardian.

And your petitioner, &c.

G. H.

General admiffion to profecute and defend as next friend and Guardian, &c.

of

E. F. is admitted to profecute and defend for A. B. who is under the age twenty-one years, all and all manner of actions, fuits and controverfies whatfo. ever, before the Juftices of the people of the ftate of New-York, of the fu preme court of judicature of the fame people, as the next friend and guardian of the faid A. B. during his minority.-Admitted the

Petition to fue in forma Pauperis.

day of

&c.

Supreme Court.

A. B.

To the Honourable, &c. (as before)

The petition of A. B. plaintiff in this cause, refpectfully

SHEWETH,

THAT the faid defendant is juftly indebted to your petitioner in the fum offor the work and labour of your petitioner, done for the faid defendant at his request; and your petitioner hath not, as yet, commenced any action against him for the fame, being unable (or hath commenced an action against him for the fame, but finds himself unable) to carry on the faid caufe, on account of his extreme poverty [as appears by the affidavit hereto annexed.]

Your petitioner, therefore, prays that he may be admitted to profecute his faid action, in forma pauperis, and that T. R. Efq. may be affigned to him as his attorney &c. to profecute his faid fuit.

And your petitioner, &c.

Certificate of Counsel thereon.

A. K.

I humbly conceive that the above petitioner hath good caule of action against the above named C. D. and confent to be his attorney, &c.

Affidavit in fupport of the above petition.

T. R.

A. B. of &c. maketh oath and faith, that he is not worth twelve dollars and fifty cents (excepting his wearing apparels, and the matter in queftion în this cause)

Sworn, &c.

A. B.

Præceipe for Capias Bailable.

Dutchess County, fs. CAPIAS for John Doe, against A. B. Cafe fordollars upon promifes (or as the action is) returnable on

-1803.

next.

B. C. Atty.

Capias

Capias.

THE PEOPLE of the ftate of New-York, to the Sheriff of the County of Dutchefs GREETING: We command you to take John Doe it he may be found in your bailiwick, and him fafely keep, fo that you may have his body before our Juftices of our Supreme Court of Judicature at the City Hall of the City of Albany on the first Monday in February next, to anfwer unto A. B. of a plea of trefpafs: [and alfo, &c.*] And have you there then this writ-Witnefs, Morgan Lewis, Efq. our Chief Juftice, at the City of New-York the twenty-fixth day of November, in the year one thoufand eight hundred and three. Fairlie & Bloodgood.

Præcipe for alias or pluries Capias.

Dutchess County, fs. Alias (or Pluries) capias for A. B. againft C. D. &c.

(as above)

ftate of New-York, &c, to the sheriff of, &c. We

THE PEOPLE of the command you, as before (or, 66 to take, &c. (as above.)

as oftentimes before,") we have commanded you,

Ac.etiam in affumpfit at the fuit of executors.

And alfo to a bill of the faid A. and B. as executors of the laft will and teftament of E. F. deceased, against the said C. D. for dollars, upon promiles, according to the cuftom of our faid court, before our faid Justices, then and there to be exhibited.

The like at the fuit of adminiftrators.

And alfo to a bill of the faid A. and B. as adminiftrators of all and fingular the goods, chattels, rights and credits, which were of E. F. deceased, at the time of his death, who died inteftate, against the said C. D. for upon promifes, according, &c.

The like at the fuit of affignees of an insolvent.

dollars,

And alfo to a bill of the faid A. and B. as affignees of the eftate and effects of E. F. an infolvent debtor, according to the force, form, and effect of the statute in fuch cafe made and provided, againft the faid C. D. for dollars, upon promifes, according to the custom, &c.

In Covenant.

And alfo to a bill of the faid A. B. against the faid C. D. for breach of covenant to the damage of the faid A. B. of

dollars, according to, &c.

dollars

In debt on Bond.

And alfo to a bill of the faid A. B. against the said C. D. for debt, according to the custom of &c.

* If defendant is to be held to bail infert here the proper different forms of which, fee this and following page.

"ac etiam" for the

In

In debt on Recognizance.

And alfo to a bill of the faid A. B. against the faid C. D. in a plea of debt on recognizance, according to the cuftom of &c.+

In debt on Statute.

And alfo to a bill, of &c. for

the custom, &c.

dollars, in debt on Statute, according to

In detinue.

And alfo to a bill of, &c. for detaining the goods and chattels (or "deeds and writings") of the faid A. B. to the value of dollars, according to the cul

tom, &c.

In Trover.

And alfo to a bill of &c. for converting and difpofing of the goods and chattels of the faid A. B. to the value of dollars, according, &c.

In Trefpafs de bonis afportatis.

And alfo to a bill of, &c. for taking and carrying away the goods and chattels of the faid A. B. to his damage of dollars, according, &c.

In Trefpafs and Assault.

And alfo to a bill of, &c. for a certain trefpafs and affault, committed by the faid C. D. on the faid A. B. to his damage of dollars, according, &c.‡

In Trefpafs on Lands, &c.

And alfo to a bill of &c. for breaking and entering the clofe of the faid A. B. and taking and carrying away his timber, goods and chattels to his damage of dollars, according &c.

In Crim. Con.

And alfo to a bill of, &c. for affaulting and having criminal conversation with E. the wife of the faid A. B. to his damage of dollars, according, &c.

On a Bail Bond.

Inftead of the claufe of ac etiam, fay, "to answer unto A. B. affignee of R. W. Efq. Sheriff of Dutchess County, according to the ftatute in fuch cafe made & provided, of a plea of trefpafs feperately." [Com. Pleas, " of a plea of debt."] Entry of capias on the roll, to fave the flatute of limitation and award of alias and pluries.

Supreme Court.

LEAS before the Juftices of the People of the ftate of New-York,
of the Supreme Court of Judicature of the fame people, at the City
Hall, &c. of Term [Term capias is returnable] in the year, &c.
Witnefs, Morgan Lewis, Efquire, Chief Juftice.
Fairlie & Bloodgood.

State of New-York, fs. The people of the ftate of New-York, fent to their fheriff of their writ clofe in these words, to wit, The People, &c. (here copy the capias) At which day before our faid Juftices of our faid court, at the City Hall of the city of, &c. comes the faid A. B. in his proper perfon,

and

+ This must be inferted to give notice of cause of action, but does not hold to

bail.

The order of a Judge neceffary to hold to bail in this action.

and offers himself against the faid C. D. in the plea aforefaid; and the theriff, to wit, fheriff of aforefaid, now here returns, that the faid C. D. is not found in his bailiwick; and the faid C. D. does not come: Therefore, as before, the faid fheriff is commanded to take the faid C. D. if he may be found in his bailiwick, and him fafely keep, fo that he may have his body before our faid Juftices, of our faid fupreme court of judicature, at the city-hall of, &c. on next to anfwer the faid A. B. of the plea aforefaid, the fame day is given to the faid A. B. there &c. At which day, before our faid Juftices at, &c. comes the faid A. B. in his proper perfon, and offers himself against the faid C. D. in the plea aforefaid; and the theriff of aforefaid, hath not fent the faid writ to him in that behalf directed, nor hath he done any thing thereupon: Therefore the faid fheriff is commanded, (as oftentimes before he hath been commanded) that he take the faid C. D. if he may be found in his bailiwick, and him fafely keep, fo that he may have his body before our faid Juftices, of our fupreme court of judicature, at the city-hall of, &c. on next, to answer the faid A. B. of the plea aforefaid, the fame day is given to the faid A. B. there, &c. Præcipe for an attachment of privilege.

Dutchess County, s. Attachment of privilege for A. B. gentleman, one, &c. againft C. D. (if bailable fay "cafe for dollars upon promifes," or as action is,) returnable on next. A. B. in perfon.

may

-1803.

Attachment of privilege thereon.

THE PEOPLE &c. to the sheriff of greeting: We command you to attach C. D. if he fhall be found in your bailiwick, and him fafely keep, fo that you y have his body before our Juftices, of our fupreme court of judicature, at the city-hall of the city of, &c. on the day of to anfwer A. B. gentleman, one of the attornies of our faid court, according to the liberties and privileges of the faid court, for fuch attornies and other officers of the aforefaid court, from time immemorial used and approved of in the fame court, of a plea of trefpafs; and alfo," &c. infert the proper ac-etiam if bail is required,) and have you there then this writ. Witness, Morgan Lewis, Efquire, our Chief Juftice at the city of the day of in the year Fairlie & Bloodgood.

Original Writs.

Præcipe for an original writ in cafe.

Dutchefs County, fs. If A. B. make you fecure &c. then put by gages and fafe pledges, C. D. late of that he be before our Juftices of our fupreme court of judicature, at the city-hall of the city of on the day of, &c. to fhew, for that whereas, &c. (here fet forth the cause of action as in a declaration) to the damage of the faid A. B. of as is faid, &c.

Original writ thereon.

THE PEOPLE of the fate of New-York, to the sheriff of the county of GREETING: If A. B. fhall make you fecure of profecuting his claim, then put by gages and fafe pledges C. D. late of that he be before our Juftices of our fu preme court of judicature, at the City-Hail, of the city of on the day of, &c. to fhew for that whereas, &c. (as in the præcipe, to the words "as it is faid,") and have there the names of the pledges and this writ. Witness, John Lan. fing,

fing, jun. Efquire, our Chancellor of our faid fate, at the City of New-York,

the

day of

J. A. Attorney.

in the year

Kip, Clerk.

Præcipe for an original writ in covenant. Dutchess County, fs. Command C. D. late of that juftly and without delay, he keep, with A. B. the covenant (or covenants) made by the said C. D. with the faid A. B. according to the force, form and effect of a certain indenture (or deed-poll, or as the cafe may be,) in that behalf made between them, as it is faid; and unless he fhall fo do, and if the said A. B, shall make you fecure, &c.

Original writ thereon.

THE PEOPLE of, &c. to the sheriff of the county of Dutchefs, GREETING: Command C.-D. late of that justly, and without delay, be keep with A. B. the covenant (or covenants) made by the faid C. D. with the faid A. B. accord. ing to the force, form, and effect of a certain indenture, (or deed. poll, &c.) in that behalf made between them as it is faid; and unless he fhall fo do, and if the said A. B. shall make you fecure of profecuting his claim, then fummon by good fummoners the faid C. D. that he be before our Juftices of our fupreme court of judicature, at the City-Hall of the city of on the. day of, &c. to fhew wherefore he hath not done it; and have there the names of the fummoners, and this writ. Witness, John Lanfing, jun. Esquire, Chancellor, of &c. at the City of &c. the day of, &c.

Præcipe for an original writ in debt.

Kip, Clerk.

fs. Command C. D. late of that juftly and without delay he render to A. B. the fum of dollars of good and lawful money of the ftate of NewYork, which he owes to and unjustly detains from him, as it is faid, and unless he fhall fo do, &c.

Original writ thereon.

THE PEOPLE of, &c. to the sheriff of the county of, &c. GREETING: Command C. D. late of that juftly and without delay he render to A. B. the fum of dollars lawful money of the fate of New-York, which he owes to, and unjuftly detains from him, as it is faid; and unless he fhall fo de, and if the faid A. B. fhall make you fecure of profecuting his claim, then fummon by good fummoners, the faid C. D. that he be before our Juftices of our Supreme Court of Judicature, at the City-Hall of the city of on, the day of, &c. to shew wherefore he hath not done it; and have there the names of the fummoners, and this writ. Witnefs, John Lanfing, jun. Efquire, Chancellor of &c. at the city of the day of, &c.

Original writ in Detinue.

Kip, Clerk.

THE PEOPLE of the State of New-York, to the Sheriff of the City and County of New-York, Greeting :-Command B. W. that juftly, and without delay, he render to A. B. fixteen certificates under the feal of the Prefident, Directors and Company of the Bank of the United States of America, bearing date (here defcribe the certificates particularly) by each of which faid certificates it appears, that the faid A. B. is entitled to one thare in the Bank of the United States of America, transferable at the faid Bank by the faid A. B. or his attor Bey, fubject nevertheless, to the third and fourth payments due thereon, according

to