his imprisonment as aforesaid,after the said judgment so as aforesaid obtained, according to the course & practice of our said court, and because the said A. B. hath come into our said court before our said justices and filed common bail in the said suit: Therefore we command you wholly to cease from further taking, attaching,imprisoning, or in any wise molesting the said A. B. on the occasion aforesaid; and if you have taken the said A. B. and detain him in prison on that occasion, and no other, that then without delay you cause him to be delivered out of the prison wherein he is so detained, as you will answer the contrary at your peril. Witness, &c.

Writ of Supersedeas of Execution.

THE PEOPLE of &c. to the sheriff of &c. GREETING: Whereas I. D. & R. R. lately in our supreme court of judicature,before the justices of the same court at &c. by bill without our writ & by the judgment of the said court recov ered against C. D. for their damages which they had sustained by occasion of the non-performance of certain promises and undertakings made by the said C. D. to the said T. D. & R. R. whereof he is convicted, as appears of record, and by the heavy complaint of the said C. D. we have understood that in the record and process, and also in the rendering of the said judgment in the plea aforesaid, manifest error hath intervened to the grievous damage of the said C. D. and we being willing that the error thereof, if any there be, in due form may be corrected,and that full and speedy justice may be done to the said C. D. in this behalf, by our writ, have commanded our justices of our supreme court, that if judgment thereof be rendered then, the record and process aforesaid, with all things touching the same, to the President of our Senate, our Senators and Chancellor of our said state, at the next meeting whenever it shall be,distinctly and openly they should send; that the said record and process being inspected, we may further cause thereupon to be done what of right and according to the law & custom of our said state ought to be done: Therefore we command,that if before the receipt of this writ, you have not made execution of the said judg ment, then you supersede entirely, as well from taking, arresting, or in any manner molesting the said C. D. by reason of the occasion aforesaid, as from taking the goods and chatteis,lands or tenements of the said C. D. by occasion of the judgment aforesaid,until the plea upon our said writ for correcting error, depending undiscussedbe fully determined. Witness, &c. M. K.

A. Attorney.

Capias in an action Qui tam.

THE PEOPLE of &c. to the sheriff of &c. GREETING: We command you to take A. B. if &c. and him safely keep, so that you may have &c. to answer unto C. D. who as well for us as for himself doth prosecute,of a plea of trespass, and also to a bill of &c. (as in common capias.)

Plaint in Mayor's Court.

City of New-York, ss. Pleas in the Court of Common Pleas called the Mayor's Court, held in and for the city of New York, at the City Hall of the said city, before the Mayor, Recorder and Aldermen of the same city, on &c.

and

City of New-York,ss. To this court comes C. D. in his proper person, complains against I. H. of a plea of trespass on the case, to his damage of dollars, and finds pledges to prosecute his said complaint against

the faid I. H. to wit-John Doe and Richard Roe, and puts in his place A. B. his attorney, against the faid I. H. in the plea aforefaid, and prays procefs thereof, to him in the faid plea to be granted-and to him it is granted, &c.

Beginning of a bill against an Attorney.

Supreme Court.

Of term, in the year &c. fs. A. B. complains of C. D, gentleman, one of the attornies of the fupreme court of judicature of the people of the state of New-York, being prefent here in court in his own perfon, of a plea of &c. For that whereas &c. The like by one Attorney against another.

Supreme Court.

-fs. A. B. gentleman, one of the attornies of the fupreme court of judicature of the people of the ftate of New-York, being prefent here in court in his own perfon, complains of C. D. gentleman, one other of the attornies of the faid court of the faid people, being alfo here in court in his own perfon, of a plea of &c. For that whereas, &c.

The like when caufe of action arifes and bill is filed in vacation.
Supreme Court,

Of term, &c. fs. BE IT REMEMBERED, That on the day of in the year &c. (day after caufe of action accrued) A. B. brought into the office of the clerk of the fupreme court of judicature of the people of the ftate of New-York, at the City-Hall of the city of &c. according to the courfe and practice of the faid court, his certain bill against C. D. gentleman, one of the attornies of &c. (as before) and filed the fame bill as of term, in the year which bill follows in thefe words, (that is to say). -County, fs. A. B. complains of C, D. gentleman, one of the attornies of &c.

Beginning of a Declaration by an infant.

-fs. A. B. by C. D. who is admitted by the court of the people of the ftate of New-York, now here, to profecute for the faid A. B. who is an infant within the age of twenty-one years, as the next friend of the said A. B. complains of E. F. being &c.

The like by an Executor in cafe.

-fs. A. B. executor of the laft will and teftament of John Doe, deceafed, complains of C. D. being in cuftody, &c. For that whereas &c. (to the end of the declaration) to the damage of the faid A. B. executor as aforefaid, of one hundred dollars, and therefore he brings fuit, &c. And the faid A. B. brings here into court the letters teftamentary of the faid John Doe, whereby it fully appears to the court here that the faid A. B. is the executor of the latt will and teftament of the said John Doe, and hath the administration thereof, &c. (add pledges.)

The like by furviving Executor in case.

fs. A. B. furviving executor of &c. complains of &c. (as before to the end of declaration) and the faid A. B. brings into court here the letters teftamentary of the faid C. D. whereby it fully appears to the court here, that the faid A. B. and one E. F. in the life-time of the faid E. F. were the ex..

cutors of the laft will and teftament of the faid C. D. and the faid E. F. being now dead, the faid A. B. is the furviving executor as aforefaid, and hath the adminiftration thereof, &c.

The like against an Executor in debt.

ss. A. B. complains of C. D. executor (or "furviving executor") of the laft will and teftament of E. F. deceased, being in cuftody, &c. of a plea that he render to him one hundred dollars of lawful money, of &c. which he unjustly detains from him-For that whereas, &c.

The like against Executors of an executrix, in cafe.

fs. A. B. complains of C. D. and E. F. executors of the laft will and teftament of H. K. widow, deceased, who was in her life time, executrix of the last will and teftament of T. K. her late husband, deceased, being in cuftody, &c. of a plea of trespass on the cafe-For that whereas, &c..

The like for husband and wife, when the wife was executrix, in debt. fs. John Stiles and Mary his wife, (which faid Mary is the executrix of the last will and teftament of Thomas Nokes, deceased) complain of Richard Roe, being in custody, &c. of a plea that he render to the faid John and Mary his wife, executrix as aforefaid, one hundred dollars, of lawful money of &c. which he unjustly detains from them-For that whereas, &c.

And the faid John and Mary his wife, bring into court here the letters teftamentary, of the faid Thomas Nokes, deceased, by which it fufficiently appears to the court here, that the faid Mary is executrix of the laft will and teftament of the faid Thomas Nokes, deceased, and hath the administration thereof, &c.

For an executor of an executor in debt.

-fs. John Denn, executor of the laft will and teftament of Richard Fenn, deceased, who was the executor of the laft will and teftament of James Stiles, deceased, complains of John Doe being in cuftody, &c. of a plea that he render to the faid John Denn, executor as aforefaid, one hundred dollars, lawful money of &c. which he unjustly detains from him-Fer that whereas, &c.

And he brings into court here as well the letters teftamentary of the faid James Stiles, deceafed, by which it appears to the court here, that the faid Richard Fenn was the executor of the laft will and teftament of the faid James Stiles, as alfo, the letters teftamentary of the faid Richard Fenn, deceased, by which it appears to the court here, that the faid John Denn is the executor of the last will and teftament of the faid Richard Fenn, and hath the administration thereof &c. (add pledges.)

For a furviving executor in debt.

-fs. A. B. furviving executor of the last will and teftament of C. D. deceased, complains of E. F. being in cuftody, &c. of a plea, that he render to the faid A. B. furviving executor as aforefaid, one hundred dollars, lawful money of &c. which he unjustly detains from him-For that whereas, &c.

And he brings into court here the letters teftamentary of the faid C. D. deceafed, by which it appears to the court here, that the faid A. B. and G. H. in the life time of the faid G. H. were executors of the laft will and teftament of the faid C. D. and the faid G. H. being now dead, the faid A. B. is the furviving executor of the laft will and teftament of the faid C. D. as aforefaid, and hath the adminiftration thereof &c. (add pledges.)

Againft

Against a furviving executor.

fs. A. B. complains of C. D. furviving executor of the laft will and teftament of E. F. deceafed, of a plea &c.

For an adminiftrator against an adminiftrator.

fs. John Stiles, adminiftrator of all and fingular the goods, chattels, rights and credits which were of Thomas Nokes, deceafed, who died inteftate, complains of John Doe, administrator of all and fingular the goods, chattels, rights and credits which were of Richard Roe, deceafed, who alfo died inteftate, being in custody, &c. of a plea that he render to the faid John Stiles, adminiftrator as aforefaid, one hundred dollars of lawful money of &e. which he unjustly detains from him-For that whereas, &c.

And he brings into court here the letters of administration of the faid Thomas Nokes, deceased, which fufficiently proves to the court here, the granting thereof in form aforesaid, to the faid John Stiles, the date whereof is on the day and year in that behalf above-mentioned. (add pledges.)

For a furviving administrator against husband and wife, where she was adadminiftratrix, in cafe

fs. John Denn, furviving adminiftrator of all and fingular the goods, chattels, rights and credits which were of Richard Fenn, deceafed, who died inteftate, complains of Thomas Stiles, and Ann his wife, (which faid Ann is the adminiftratrix of all and fingular the goods and chattels, rights and credits which were of John Roe her late husband, deceafed, who died inteftate) being in cuf tody, &c.-For that whereas, &c.

And he brings into court here the letters of adminiftration of the faid Richard Fenn, deceased, which fufficiently proves to the court here, the granting thereof in form aforefaid, to the faid John Denn and A. B. now deceased; and the faid A. B. being now dead, the faid John is the furviving adminiftrator as aforefaid, the date whereof is on the fame day and year in that behalf above mentioned. (add pledges.)

For an executor and the husband and wife, co.executrix of an executor of the firft teftator.

fs. John Doe executor &c. of Richard Roe, deceased, and Thomas. Nokes, and Ann his wife, (which faid Ann is the co-executrix with the faid John Doe, of the laft will &c. of the faid Richard Roe, who was the executor, &c. of James Stiles, decealed) complain of John Deon, being in cuftody, &c.. in a plea that he render to them one hundred dollars of lawful money of &c. which he unjustly detains from them-For that whereas, &c.

And they bring into court here, as well the letters teftamentary of the faid James Stiles, deceafed, by which the faid Richard Roe appears to the court here, to be the executor, &c. of the faid James Stiles, as alfo the letters teftamentary of the faid Richard Roe, by which the faid John Doe and Ann Nokes appear to the court here, to be executors &c. of the faid Richard Roe, and have the adminiftration thereof, &c.

For an

adminiftrator during the minority of the executor against an admini. Arator de bonis non.

fs. A. B. administrator of all and fingular the goods, chattels, rights,

and

and credits which were of J. K. deceased, with the will of the faid J. K. annexed, during the minority of C. D. executor named in the laft will and teftament of the faid J. K. complains of E. F. adminiftrator of the goods, chattels, rights and credits which were of G. H. deceased, unadminiftered by K. L. deceased, who was adminiftrator of all and fingular the goods and chattels, rights and cre. dits which were of the faid G. H. deceased, who died inteftate, being in cuftody, &c. For that whereas, &c.

And he brings into court here, the letters of administration of the faid J. K. with the will annexed, which fufficiently proves to the court here, the granting thereof to the faid A. B, during the minority of the faid C. D. executor as aforefaid, and that he hath the administration thereof.

For an adminiftrator de bonis non.

-fs. A. B. adminiftrator of all and fingular the goods, chattels, 'rights and credits which were of C. D. deceased, unadministered by E. F. deceased, who was adminiftrator of the goods and chattels, rights and credits which were of the faid C. D. complains of &c.

And he brings into court here the faid letters of adminiftration of the unad. miniftered goods of the faid C. D. deceased, which fully prove to the court here the granting thereof in form aforefaid, the date whereof is the fame day and year in that behalf above mentioned.

For an adminiftrator with the will annexed.

fs. A. B. adminiftrator of all and fingular the goods and chattels, rights and credits, which were of C. D. deceafed, with the will of the faid C. D. an. nexed, complains of E. F. being in custody, &c of a plea that he render to him the faid A. B. adminiftrator as aforefaid, one hundred dollars, of lawful &c. which he unjustly detains from him-For that whereas, &c.

And he brings into court here the letters of adminiftration with the will annexed, of the faid C. D. deceafed, which fufficiently prove to the court here, the granting thereof in form aforefaid, the date whereof is the fame day and year in that behalf above-mentioned.

ty of

Beginning of a declaration on a qui tam action. County fs. A. B. who fues in this behalf, as well for the people of the State of New-York, [or "for the poor of the town of Washington, in the coun -aforefaid"] as for himself, complains of C. D. being in cuftody. &c. of a plea that he render to the faid people, [or "to the poor of the town aforefaid," and to the faid A. B. who fues as aforefaid, one hundred dollars of lawful money of &c. which he the faid C. D. owes to, and unjustly detains from them-For that whereas &c. to the damage of the faid A. B. who fues as aforefaid, of one hundred dollars, and therefore he brings fuit, &c.

Form of declaration, fuggefting the death of one of the plaintiffs after the writ fued out.

fs. A. B. complains of C. D. being in cuftody &c. in a plea of tref. pafs on the cafe-For that whereas, the faid C. D, on the first day of January, in the year 1804, to wit, atin the county of

aforefaid,

was indebted to the faid A. B. and one C. H. his partner, (which faid C. H the faid A. B. fuggefts to the court here, according to the form of the ftatute in fuch cafe made and provided, fince the iffuing of the writ of capias against the