faid C. D. in this behalf, at the fuit of them the faid A. B. and C. H. to wit, on the first day of June, in the year aforefaid, at Poughkeepfie aforefaid, in the county aforefaid, died, and the faid A. B. furvived him, which the faid C. D. doth not deny) in the fum of one hundred dollars of lawful money, &c.

Form of declaration against two defendants, where one dies after writ fued out and before declaration.

fs. A. B. complains of C. D. being in cuftody &c. of a plea that he render to the faid A. B. one hundred dollars of lawful money of &c. which he owes to, and unjustly detains from him-For that whereas the faid C. D. and one E. F. (which faid E. F. 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 the writ of capias against them, the faid C. D. ard E. F. in this behalf, at the fuit of the faid A. B. to wit, on the first day of January in the year 1805, at Poughkeepsie, in the the faid county of Dutchefs, died, and the faid C. D. fur. vived him, which the faid C. D. doth not deny) on the first day of May, in the year 1804, at the town of &c. by their certain writing &c.

Against an heir.

fs. A. B. complains of C, D. fon and heir of E. D. his late father, deceafed, being in cuftody &c. of a plea that he render to the faid A. B. one hundred dollars of lawful money of &c. which he owes to, and unjustly detains from him- For that whereas, &c.

Nore.-If heir and devifee be sued jointly, name one heir and the other devifee of the teftator.

Against a prifoner in cuftody of the Sheriff.

fs. A. B. complains of C. D. being in custody of the fheriff of the County of by virtue of a writ of the people of the ftate of New-York, commonly called a capias, iffuing out of the Supreme Court of Judicature of the faid people, before the Juftices of the fame court, against the said C. D. at the fuit of the faid A. B. and returnable before the faid Juftices at the City-Hall of &c. on &c, of a plea &c. For that whereas, &c.

Beginning of a Declaration at the fuit of an Attorney.
Supreme Court.

Of term, in the year &c. -County, fs. A. B. 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, according to the liberties and privileges of the faid court, for fuch attornies and other officers of the court aforefaid, from time imme. morial ufed and approved of in the fame court, complains of C. D. in cuftody, For that whereas, &c.

&c.

Form of declaration against two defendants where one is not taken. fs. A. B. complains of C. D. and E. F. the faid C. D. being in custody, &c. and the faid E. F. being returned by the Sheriff of the coun. ty of &c. not found, &c. For that whereas &c.

Declaration against an Attorney for words, &c. Supreme Court. Of term, in the year &c. Columbia County, fs. A. G. complains against R. C. gentleman, one of the attornies of the court of &c. being prefent here in court in his own perfon, of a

plea of trefpafs on the cafe: For that whereas he the faid A. G. now is a good, true, faithful and honeft citizen of this ftate, and as fuch, from the time of his nativity hitherto, hath behaved and demeaned himself, and during all that time hath borne, and been held and esteemed, reputed, and taken to be a man of good name, fame, credit, reputation and converfation among all his neighbours and others, the good citizens of this ftate, and has hitherto lived and continued free, clear, innocent and wholly unfufpected of and from all kind of falfehood, perju ry, and forfwearing, and every other fuch heinous crime, and by reason thereof gained the good will and efteem of all his neighbours, and other good citizens of this ftate. And whereas he the faid A. by reafon of his good name and reputa. tion at the time of fpeaking and publishing the feveral falfe, malicious and scandalous words herein after mentioned, and long before was, and ftill is employed and intrufted by the company of affurance in the office and bufinefs of their fe. eretary, being an office and bufinefs of great credit and truft, at L. aforesaid, and whereas during the faid time that the faid A. was, and continued to be fecretary to the faid company as aforefaid, and before the fpeaking and publishing any of the falfe, malicious and fcandalous words herein after mentioned, to wit, upon the day of in the year of &c. the faid company exhibited their bill of complaint in this court of (the faid court then and ftill being at in the county of ) thereby complaining among other things, of and concerning a certain policy of infurance therein mentioned to be made and fealed, and executed by the faid company to one R. C. for the infurance of one thousand pounds to the faid R. C. deducting fixteen pounds per cent, in cafe of lofs, upon a certain ship or vessel called the on a certain voyage therein mentioned, and alfo of a deviation of the faid thip from the voyage thereby infured, whereby the faid company, by their faid bill alledged, that they were difcharged from the faid policy, and that the faid fhip was afterwards loft, notwithstanding which the faid R. C. had commenced, and was profecuting an action at law against them upon the faid policy, the faid company fuggefting by their faid bill, that their wit. neffes who could prove the faid deviation (among other things) then lived and refided in parts beyond the feas, and that the faid R. C. knew the fame and there. by praying (among other things) a commiffion or commiffions for the examination of their witneffes beyond the feas, touching the feveral matters in the faid bill contained; and that all proceedings at law in the faid action might be stayed till the return of the faid commiffioners by the injunction of the faid court of and thereby prayed procefs of the faid court againft the faid R. C. as by the faid bill in now remaining affiled in the faid court of at : aforefaid more fully appears. And thereupon the faid A. afterwards, and pending the faid fait to wit, upon the day of in the year of &c. at came before A. A. then being one of the mafters of the faid court of then and there made his affidavit in writing relating to and concerning matters material in the faid fuit in before him, and then and there took his corporal oath before the faid mafter, that the contents of his faid affidavit were true (the faid mafter then and there having fufficient power and authority to adminifter the faid oath to the faid A. G.) And the faid A. G. in and by his faid affidavit made oath, That on or about (jet it out verbatim to the end) yet the faid R. C. well knowing the premises and greatly envying the happy ftate and condition of the faid A. and contriving and malicioufly intending not only to hurt, degvade, damnify and injure him the faid A. in his good name, fame, credit and reputa tion, and to endeavour to have the faid A. turned out of his faid office of fecre. tary, as aforefaid, but alfo wrongfully to fubject him the faid A. to the pains

in

aforefaid,

and

and

and penalties by the laws and ftatutes of this ftate made and provided against any perfons who commit wilful and corrupt perjury, afterwards, to wit, on the day of in the year of &c. at aforefaid, in a certain difcourfe which the faid R. then and there had with divers worthy citizens of this ftate of and concerning the faid A. and his having fworn the faid affidavit in and concerning the faid caufe fo depending in the fame court of between the faid company of affurance, plaintiffs, and the faid R. C. defendant, produced to the faid citizens then being prefent there a paper writing, alledging the fame writing, to be a copy of the faid affidavit fo fworn by the faid A. as aforefaid, and with a loud voice in their hearing, read the fame, and then and there openly, publicly, falfely and maliciously faid, related, and with a loud voice published thefe falfe, feigned, fcandalous and approbrious English words following of the said A. in the prefence and hearing of thofe citizens (that is to fay) he (meaning the faid A.) has forefworn himself in this affidavit (meaning the faid affidavit fo fworn by the faid A. as aforefaid) And afterwards, to wit, on the fame day and year at L. aforefaid, in a certain other difcourfe which the faid R. then and there had with divers other worthy citizens of this ftate, of and concerning the faid A. and of his having fworn the faid affidavit, he the faid R. produced to divers other citizens then being prefent there, a paper writing, alledging the fame writing to be a copy of the faid affidavit fworn by the faid A. as aforefaid, and with a loud voice in their hearing read the fame, and then and there openly, publicly, falfely and maliciously faid, related, and with a loud voice, published thefe other false, feigned, fcandalous and approbrious English words following of the faid A. in the prefence and hearing of thofe citizens (that is to fay) he (meaning the faid A. G.) is perjured in this affidavit (meaning the faid affidavit whereof the writing produced as aforefaid, was by him alledged to be a copy.) And afterwards, to wit, on the fame day and year at L. aforefaid in a certain other discourse which the faid R. then and there had with divers other worthy citizens of this Aate of and concerning the faid A. and the faid affidavit, he the faid R. openly, public ly, falfely and maliciously faid, related, and with a loud voice published these other falfe, feigned, fcandalous and approbrious English words following of the faid A. in the prefence and hearing of thofe citizens (that is to fay) he (meaning the faid A.) has forefworn himself (meaning him the faid A.) in (meaning the court of aforefaid.) And afterwards, to wit, on the fame day and year at L. aforefaid, in a certain other difcourfe which the faid R. then and there had with divers other worthy citizens of this ftate of and concerning the faid A. and the faid affidavit, he the faid R. then and there openly, publicly, falfely and malicioufly faid, related, and with a loud voice published thefe other falfe, feigned, fcandalous and opprobrious English words following of the faid A. in the prefence and hearing of thofe citizens (that is to fav) he (meaning him the faid A.) hath perjured himself (meaning him the faid A.) in (meaning in the faid ) and I (meaning the faid R.) will indict him (meaning the faid A.) for the fame. And afterwards, to wit, on the fame day and year at L. aforefaid, in a certain other difcourfe which the faid R. then and there had with divers other worthy citizens of this ftate of and concerning the faid A. he the faid R. then and there openly, publicly, falfely and maliciously faid, related and with a loud voice published thefe other falfe, feigned, fcandalous and opprobrious English words following of the faid A. in the prefence and hearing of thofe citi zens (that is to fay) he (meaning the faid A) hath been guilty of perjury. And afterwards, to wit, on the fame day and year at L. aforefaid, in a certain other difcourfe which the said R. then and there had with divers other worthy citizens

court of

of

of this ftate of and concerning the faid A. he the faid R. then and there openly publicly, falfely and maliciously faid, related, and with a loud voice published thefe other falfe, feigned, fcandalous and opprobrious English words following of the faid A. in the prefence and hearing of thofe citizens (that is to fay) I (mean ing the faid R.) have indicted him (meaning the faid A.) for perjury. And afterwards, to wit, on the fame day and year at L. aforefaid, in a certain other difcourfe which the faid R. then and there had with divers other worthy citizens of this ftate of and concerning the faid A. and the faid affidavit, he the faid R. then and there openly, publicly, falfely and maliciously faid, related, and with a loud voice published thefe other falfe, feigned, fcandalous and opprobrious En glib words following of the faid A. in the pretence and hearing of thofe citizens (that is to fay) he (meaning the faid A.) hath taken a falfe oath. And afterwards to wit, on the fame day and year at L. aforefaid, in a certain other difcourfe which the faid R. then and there had with one captain C. P. then being one of the directors of the faid company of affurance, of and concerning the faid A. and the said affidavit, he the faid R. then and there openly, publicly, falfely and maliciously faid, related, and with a loud voice published thefe other falfe, feign ed, fcandalous and opprobrious English words following of the faid A. in the prefence and hearing of the faid C. P. (that is to fay) what a villain your fecre tary (meaning the faid A.) is? He (meaning the faid A.) is perjured. What does the company (meaning the faid company of affurance) give him (meaning the faid A.) for fwearing? What a villain of a (meaning the faid A.) fecretary, you (meaning the faid C. P. and the rest of the directors of the faid company) have got to perjure himself (meaning the faid A,) Pray what does the compa ny (meaning the faid company of affurance) give him (meaning the faid A.) to forefwear himself (meaning the faid A.) for them (meaning the faid company)? And afterwards, to wit, on the fame day and year at L. aforefaid, in a certain other difcourfe which the faid R. then and there had, with divers other worthy citizens of this ftate of and concerning the faid A. and the faid affidavit, he the faid R. then and there openly, publicly, falfely and maliciously faid, related, and with a loud voice publifhed thefe other falfe, feigned, fcandalous and oppro brious English words following of the faid A. in the prefence and hearing of those citizens (that is to fay) I (meaning the faid R.) have indicted him (meaning the faid A.) for perjury, and the indictment is fettled by the best counfel in this ftate, and you (meaning thofe citizens then prefent) may tell him (meaning the faid A.) fo. By reafon of fpeaking and publishing of which faid feveral falfe, feigned, fcandalous and opprobrious English words the faid A. is very much prejudiced, hurt and damnified in his good name, fame, credit and reputation, and is fallen into public fcandal and infamy amongft his neighbours, and other good ar faithful citizens of this ftate, infomuch that divers of thofe neighbours as afore faid, to whom the innocence and integrity of the faid A. were unknown, hav always, from the time of fpeaking and publishing of the said several words, vehe mently fufpected the faid A. to be a man who had committed perjury, and o that account have always from thence hitherto wholly refused, and still do dai! more and more refuse to have any commerce or difcourfe with him, or have an thing to do with him, as before they were accuftomed to have. And the faid A fays, that in order to clear his innocence in this behalf, he hath been forced expend and lay out divers fums of money to the damage of him the faid A. two hundred dollars; and thereupon he prays relief, &c.

declaration, comprising all the various counts ordinarily used in cafes of indebitatus affumpfit, from which the practitioner may, in his difcretion, felect fuch as may beft fuit his particular cafe.

Supreme Court. Of November term, in the year &c. [Indebitatus affumfit, for work and labour by plaintiff and his fervants, &c.] -fs. John Denn complains of Richard Fenn, being in cuftody, &c.For that whereas the faid Richard, on the day of in the year to wit, at in the faid county of---[If in a county court" and within the jurifdiction of this court"] was indebted to the said John in dollars of lawful money of the ftate of New York, for the work and labour, care and diligence of the faid John, by him the faid John, and his fervants and with his horfes and oxen, carts and carriages, before that time done, performed and beftowed in and about the business of the faid Richard, and for the faid Richard, and at his special inftance : and request; and being fo indebted, he the faid Richard, in confideration there of afterwards, to wit, on the fame day and year aforefaid, at aforefaid, in the county aforefaid [or "at the place and within the jurifdiction aforefaid,"] undertook, and then and there faithfully promifed the faid John to pay to him the faid fum of money when he the faid Richard fhould be thereto afterwards requested.

[Quantum meruit.] And whereas, afterwards, to wit, on the fame day and year aforefaid at aforefaid, in the county aforefaid [or at the place and within the jurifdiction aforefaid,"] in confideration that the faid John, at the like request of the faid Richard, had before that time, by himfelt and his fervanță, and with his horfes, oxen, carts and carriages, done, performed, and bestowed, other his work and labour, care and diligence in and about other the business of the faid Richard, and for the faid Richard, he the faid Richard, then and there undertook, and faithfully promifed the faid John to pay him fo much money as he therefore reasonably deferved to have of the faid Richard, when he the faid Richard should be thereto afterwards requested; and the laid John avers, that he therefore reasonably deferved to have of the faid Richard, other dollare of like lawful money, to wit, at aforefaid, in the county aforefaid [or " at the place and within the jurifdiction aforefaid," whereof the faid Richard after. wards, to wit, on the fame day and year aforefaid, there had notice :

[-For work and labour and materials found.] And whereas, the faid Richard, afterwards, to wit, on the fame day and year aforefaid, at aforefaid, in the coun ty aforefaid, [or" at the place" &c.] was indebted to the faid John in other. dollars of like lawful money, for other the work and labour, care and diligence of the faid John, by him and his fervants before that time done, performed and be. ftowed in and about other the business of the faid Richard, for the faid Richard, and at his like requeft, and alfo for divers materials and other neceffary things, by the faid John found, provided, ufed and applied, in and about that work, at the like requeft of the faid Richard, and being fo indebted, he the faid Richard, in confideration thereof, afterwards, to wit, on the fame day and year aforefaid, at aforefaid, in the county aforefaid [or " at the place" &c.] undertook, and then and there faithfully promifed the faid John, to pay him the said last mentioned fum of money, when he the faid Richard should be thereto afterwards requested.

[Quantum meruit.] And whereas, afterwards, to wit, on the fame day and year aforefaid, at aforefaid, in the county aforefaid, [or "at the place" &c.] in confideration that the faid John, at the like requeft of the faid Richard, had before that time by himself and his fervants, done, performed, and beftowed other, his work and labour, care and diligence, in and about other U

the