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The like when feveral defendants plead feperately.

Therefore, as well to try this iffue, as the faid other iffue (or iffues) above join ed between the faid A. B. and the faid E. F. let a jury thereupon come, &c.

Entry and award of venire, where there are feveral defendants, one of whom pleads, and another, lets judgment go by default.

(After copying the pleadings to iffue, proceed as follows :) And the faid E. F. in his own perfon, comes and defends the wrong and injury when &c. and fays nothing in bar or preclufion of the faid action of the faid A. B. whereby the faid A. B. remains therein undefended against the faid E. F. wherefore the faid A. B. ought to recover againft the faid E. F. his damages, by reason of the premifes: But because it is unknown to the faid court here what damages the faid A. B. hath fuftained by reafon thereof; and because it is also at present unknown to the faid court here, whether the faid C. D. will be convicted of the premifes upon which the faid iffue is above joined between the faid A. B, and the faid C. D. or not; and because it is convenient and neceflary that there be but one taxation of damages in this fuit; Therefore let the giving of judgment in this behalf against the faid E. F. be stayed until the trial or determination of the faid iffue above joined between the faid A. B. and the faid C. D. And as well to try the faid iffue above joined between the faid A. B. and the faid C. D. as to inquire against the faid E. F. what damages the said A. B. hath sustained in this behalf, let a jury thereupon come &c.

Suggeftion of the death of one of the plaintiffs, after the issuing out of the capias ad refpondendum and before declaration.

New-York Supreme Court.

Of term, in the year &c.

fs. C. D. was impleaded at the fuit of A. B. and E. F. of a plea of &c. and thereupon the faid A. B. by G. H. his Attorney, comes and gives the court here to understand and be informed, that fince the fuing out of the capias ad refpondendum in this cause, and before this day, to wit, on &c. the faid E. F. died, to wit, at &c. and the faid A. B. there furvived him, which the faid C. D. does not deny, but admits the fame to be true; and hereupon the faid A. B. by his Attorney aforefaid, complains that whereas, &c.

Suggeftion of the death of one of the Plaintiffs between plea and replication. (After copying the plea, proceed as follows:) And the faid A. B. and E. F. (the plaintiffs) pray a day to impar! to the faid plea, and then to reply to the fame, and it is granted to them, &c. and thereupon a day is given to the parties aforesaid, to come before the faid Juftices at the City-Hall of &c. on &c. that is to fay, for the faid A. B. and E. F. to imparl to the faid plea and then to reply to the fame, &c. At which day before the faid Juftices at the City-Hall of &c. come as well the faid A. B. by his attorney aforefaid, as the faid C. D. by his attorney aforefaid, and the faid E. F. cometh not: And hereupon the faid A. B. gives the court here to understand and be informed, that after the latt continuance of the plea aforefaid, and before this day, to wit, on &c. at &c. the faid E. F. died, and the faid A. B. furvived him; which allegation the said C. D. doth not deny, but admits the fame to be true: Therefore let no further proceedings be had in this caufe at the fait of the faid E. F. And as to the faid plea of the faid. C. D. the faid A. B. fays &c. (go on with the replication &c. at the fuit of the furvivor only.)

Suggestions

Suggeftion of the death of one of the defendants between declaration & plea. And the faid C. D. and E. F. by their attorney, come and defend the wrong and injury, when &c. and pray leave to imparl to the said bill until &c. (next term) and it is granted to them &c. the fame day is given to the said A. B. at the fame place: At which day, before the faid Juftices at the CityHall of &c. come as well the faid A. B. by his attorney aforefaid, as the faid C. D. by his attorney aforesaid, and the said E. F. comes not: And hereupon the faid A. B. gives the court here to understand and be informed, that after thể laft continuance of the plea aforefaid, and before this day, to wit, on &c. at &c. the faid E. F. died, and the faid C. D. furvived him; which the said C. D. doth not deny, but admits the fame to be true: Therefore let all further proceedings in this caufe against the faid E. F. be ftayed, and the said C. D. defends the wrong and injury when &c. and fays &c. (here copy the plea of the furviving defendant, and go on with the proceedings against him only.

Conclufion of iffue on a replication to a plea of nul tiel record of a judgment in a different court.

And this the faid A. B. is ready to verify, &c. And hereupon the faid A. B. is commanded, that he have the faid record before the faid Juftices of the faid peo. ple, at the City-Hall of &c, on &c. and that he fail not at his peril; the fame day is given to the faid C. D. at the fame place.

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Please to take notice, that I intend to bring the above cause to trial at a circuit court (or "fittings,") appointed to be holden at the court-house in the town of in the county of (or " in the city and county of at the Cityday of &c. at ten o'clock in the forenoon of in the year &c.

Hall of the faid city,") on the the fame day. Dated this

day of

Yours, &c.

A. B. Att'y for plaintiff.

To. J. A. Att'y for defendant.

Notice of trial and affeffment of damages when there are two defendants, one of whom has fuffered judgment to go by default. SIR....Take notice, that the iffue joined in this caufe between the above named plaintiff and the above named C. D. will be tried at the circuit court (or fittings) appointed to be held at in the county of

on &c. And that the jury who try this iffue, will at the fame time affefs the damages against you in this caufe upon the judgment by default. Dated, &c.

Yours, &c.

A. Plaintiff's Att'y.

To Mr. G. H.

Notice of countermand.

SIR....I do hereby countermand the notice of trial given you in this caufe. Dated, &c.

To &c. Defendant's Att'y.

Yours, &c.
A. Plaintiff's Att'y.
Afidavit

Affidavit for cofis for not proceeding to trial

New-York Supreme Court.

Č. D.

ads.

A. B.

}

E. F. of &c. maketh oath and faith, that this action was commenced in term laft,and that in term following iffue was joined, and notice of trial given thereon for the circuit court holden at &c. after the said term: And this depo ment further faith, that the above named plaintiff did not proceed to the trial of the faid caufe, nor countermand fuch notice. E. F.

Swarn &c.

Affidavit for judgment as in case of a non-fuit for not proceeding to trial.

New-York Supreme Court.

C. D.

ads.

A. B.

G. H. attorney for the defendant in this caufe, being duly fworn, faith, that iffue was joined in this cause as of term last paft, and notice of trial was given for the circuit holden at after faid term, (or as the fact is) and that the faid plaintiff did not proceed to the trial of this caufe pursuant to the said notice, and to the rules and orders of the said court, according to the act in fuch cafe made and provided.

Sworn, &c.

G. H.

Notice of motion to put off a trial for the abfence of a material witness.

New-York Supreme Court.

C. D.

ads. A. B.

Take notice, that this honorable court will be moved on &c. or as foon thereafter as counsel can be heard, that the trial of this caule may be put off until &c. on account of the abfence of a material witness on the part of the defendant, and in the mean time that all further proceedings be stayed. Yours, &c. R. S. Defendant's Att'y

To &c. Plaintiff's Att'y.

Affidavit of the abfence of a material witness.

New-York Supreme Court.

C. D.
ads.

A. B.

}

C. D. of &c. the defendant in this caufe, being duly fworn, faith, that this caule was noticed for trial at &c. (ftating the time;) and this deponent further faith that G. H. late of &c. is a material witnefs for him, this deponent, in the faid caufe, as he is advised by his counsel and verily believes, and that he cannot fafely proceed to the trial thereof without the teftimony of him the faid G. H. And this deponent alfo further faith, that in confequence of the notice of trial fo given as aforefad, he this deponent, caufed diligent enquiry to be made for the faid G. H. in order to ferve him with a fubpoena, &c. (ftating the nature and refult of the enquiry for the witnefs, and the time when it is believed his attendance may be procured.)

Record

66

Notes of Iues.

[In affumpfit.] NARR. in cafe for work and labour, goods, wares and mer. chandizes, money paid, &c. (as the cafe is) or "in cafe on a promiffory note, for money lent and advanced, and money had and received" or "in debt on bond" or fingle bill" or " in detinue for detaining the goods and chattels of the faid A. B." or "in trefpafs and ejectment of farm" or "in trefpafs for breaking and entering the plaintiff's clofe" or "for taking and carrying away the goods and chattels of the faid plaintiff" or "in covenant" &c. &c.

Plea Gen. iffue, or " Gen. iffue with notice of juftification" or "with notice of fet-off" or " special justification" or "a release of the action" or "payment" &c. Replication that defendant did not pay &c. (and fo according to the fact to the clofing of the pleadings.)

Record of Nifi Prius.

PLEAS before the Juftices of the People of the State of New York, of the Supreme Court of Judicature of the fame People, at the City-Hall of the City of of term (the term in which iffue is joined) in the year &c. Witness James Kent, Efq. Chief Juftice.

Fairlie & Bloodgood.

fs. (Here, omitting the warrants of attorney and beginning with the memorandum, copy the iffue roll to the end-the nifi prius record being in all other refpects a mere transcript of the iffue roll. This is the form which is moft commonly used at this day; you may however use a second placita, and then the form will be as follows.)

Record of Nifi Prius with a fecond Placita.

PLEAS before the Juftices of the people of the State of New-York, &c. (as above.)

fs. (Omitting the warrants of attorney and beginning with the memorandum, as above directed, copy the iffue roll to the end of the award of the venire facias, and then, instead of continuing the cause down by vicecomes nou mifit breve, infert a second placita and proceed as follows.)

Pleas before the Juftices of the People of the State of New. York of the Supreme Court of Judicature of the fame People, at the City Hall of the City of of term (the term im

mediately preceding the Circuit &c. at which the cause is to tried) in the year &c. (as above.)

fs. The jury between A. B. by his attorney, plaintiff, and C. D. defendant, of a plea of trefpafs on the cafe, (or as the plea is) is refpited before the faid Juftices of the faid people at the City-Hall of the City of until &c. (the first day of the term after the circuit &c.at which the cause is to be tried )unless the faid Juftices of the faid Supreme Court, fome, or one of them, fhail fooner come at a Circuit Court to be holden at in the faid county (or city and county)

of

on the Jay of for the trial of all iffues joined in the faid Supreme Court or in any other court, and brought into the faid Supreme Court to be trie according to the form of the act in fuch cafe made and provided, for default of the jurors, becaufe none of them did appear: therefore let the sheriff have the bodies of the faid jurors, to make the faid Jury between the parties aforefaid of the plea aforefaid accordingly, the fame day is given to the parties aforefaid at the fame place.

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And be it known that the writ of the faid people, thereof, on record, was delivered to the fheriff of the faid County on the day of in this fame term (the last day of the term before the trial) before the faid Juftices of the said court, at the City-Hall of the City of to be executed according to law at his peril.

Form of the Label to be attached to the Nifi prius record.

-fs. Nifi Prius record between A. B. plaintiff & C. D. defendant of a plea of trefpafs on the cafe (or as the plea is) returnable before the Juftices of the Supreme Court of the people of &c. fome, or one of them, at a Circuit Court to be holden at in the faid county of on &c. Witnefs James Kent, Efq. &c. E. F. Att'y. Fairlie & Bloodgood.

Venire Facias for a Jury at bar.

THE PEOPLE &c. To the fheriff (or coroner) of &c. (or to E. F. and G. H. elifors, duly appointed in this behalf) greeting: We command you that you caufe to come before our Juftices of our Supreme Court of Judicature at the City-Hall of the City of &c. on &c. Twelve free and lawful men of your county, each of whom shall have in his own name or right, or in truft for him ar in his wife's right a freehold in lands, meffuages or tenements, or of rents in fee or for life, of the value of one hundred and fifty dollars, free from all reprises, debts, demands or incumbrances whatsoever; [or if the venue is laid in the city and county of New-York, inftead of the above fay, "Twelve free and lawful men of your city and county, each of whom fhall have in his own name or right, or in truft for him, or in his wife's right, a freehold in lands, meffuages or tenements, or a perfonal eftate of the value of one hundred and fifty dollars, free of all reprises, debts, demands or incumbrances whatfoever,"] by whom the truth of the matter may be the better known, and who are in no wise of kin ei. ther to A. B. the plaintiff, or C. D. the defendant, to make a certain jury of the country, between the parties aforefaid, of a plea of trefpafs on the cafe, (or as the action may be) because as well the faid C. D. as the faid A. B. between whom the matter in variance is, have put themselves upon that jury, and have then there, the names of the jurors, and this writ. Witnefs James Kent, Efquire, our Chief Juftice, at the City of &c.

The like, where one defendant pleads, and another lets judgment go by de

fault.

(As in the former writ, to these words," to make a certain jury of the country between the parties aforefaid," and then as follows;) as well to try the iffue joined between the faid A. B. and C. D. of a plea of trefpafs on the cafe, (or as the action may be) as to inquire against the faid E. F. what damages the said A. B. hath fuftained, as well by means of the not performing the faid promises and undertakings of the faid E. F. as for his cofts and charges by him about his fuit in this behalf expended; whereupon it hath been confidered, that the faid A. B. ought to recover his damages against the faid E. F. because as well the faid C. D. as the faid A. B. between whom &c. (as before.)

The like, where there are feveral iffues in fact and in law, and the jury are to affefs contingent damages on the latter.

As well to try the iffue joined between them, to be tried by the country, of a plea, &c. as to inquire what damages the faid A. B. hath sustain

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