Habere facias poffeffionem in ejeciment. THE PEOPLE of &c. To the Sheriff of &c. Greeting: Whereas A. B. lately in our Supreme Court of Judicature at the City Hall of &c. by bill without our writ for if by original, by our writ) and by the judgment of the fame court, recovered against C. D. his term then and yet to come of and in two dwelling houses, &c. (as in the declaration in ejectment) with their appurtenances, fituate, lying and being in the town of &c. in your county, which E. F. on the day of in the year &c. demised to the faid A. B. and his assigns to hold the same to the said A. B. and his affigns from the day of then last past, for and during and unto the full end and term of years, from thence next ensuing, and fully to be complete and ended; by virtue of which faid demife the faid A. B. entered into the faid tenements, with the appurtenances, and was possessed thereof until the faid C. D. afterwards, to wit, on the day of in the year &c. with force and arms &c. entered into the faid tenements with the appurtenances which the faid E. F. had demised to the faid A. B. in manner and for the term aforesaid, which was not then nor is yet expired, and ejected the said A. B. from his faid farm; whereof the faid C. D.is convicted, as appears to us of record: Therefore we command you that with out delay you cause the faid A. B. to have the poffeffion of his faid term yet to come, of and in the tenements aforesaid, with the appurtenances; and in what manner you shall have executed this our writ, make appear to our Justices of our faid Court at the City Hall of the City of &c. on &e, and have there then this writ. Witness &c. The like and fieri facias for cofis. THE PEOPLE of &c. To the Sheriff of &c. Greeting: We &c. (as in the habere facias to the return day, then proceed as follows): We also command you that of the goods and chattels of the said C. D. in your bailiwick, you cause to be made dollars, which the faid A. B. lately in our faid Court, before our faid Justices at the City-Hall of &c. aforesaid, recovered against the faid C. D. for his damages which he had sustained, as well on occafion of the trefpafs and ejectment aforesaid, as for his costs and charges, by him about his fuit in that behalf expended; Whereof the faid C. D. is also convicted, as appears to us of record, and if fufficient goods and chattels of &c. cannot be found within your bailiwick, that then, and in that cafe &c. (as in a common Fi. Fa.) And have you the faid monies before our faid Justices of our faid Court, at the City-Hall of &c. on the return day aforefaid, to render to the faid A. B. for his damages aforesaid; and have there then this writ. Witness, &c. Capias ad fatisfaciendum in offumpfit. THE PEOPLE of &c. To the Sheriff of &c. Greeting: We command you that you take C. D. if he shall be found within your bailiwick, and him safely keep, so that you may have his body before our Justices of our Supreme Court of Judicature at the City-Hall of the City of &c. on &c. to fatisfy A. B. of dollars, which the faid A. B. lately in our faid Court before our faid Justices at the City of &c. recovered against him, for his damages which he had fuftain. ed, as well on occasion of the not performing certain promises and undertakings, then lately made, by the faid C. D. to the faid A. B. as for his costs and charg. es by him about his fuit in that behalf expended; whereof the faid C. D. is convicted, as appears to us of record; and have there then this writ. Witness, &c. Capias Capias ad fatisfaciendum for the residue. THE PEOPLE of &c. To the Sheriff of &c. Greeting: Whereas by our writ we lately commanded you, that of the goods and chattels, &c. (reciting the fieri facias): And you at that day returned to our faid Justices at the City Hall of &c. that by virtue of the said writ, to you directed, you had caused to be made of the goods and chattels, (or "lands and tenements"&c. as the fact is) of the faid C. D. dollars, parcel of the damages, (or debt and damages) aforefaid, which money you had ready at the day and place in the said writ contained, to render to the said A. B. for fo much of his damages, (or debt and damages) aforesaid, as by the faid writ you were commanded; and that the said C. D. bad not any other or more goods and chattels, lands or tenements, in your bailiwick, whereof you could cause to be made the residue of the damages, (or debt and damages) aforesaid, or any part thereof: Therefore we command you that you take the faid C. D. if he shall be found within your bailiwick, and him fafely keep, so that you may have his body before our faid Justices at the City.Hall of the City of &c. on &c. to fatisfy the faid A. B. of dollars, refidue of his damages, (or debt and damages) aforesaid, and have there then this writ. Wit. nefs, &c. Capias ad fatisfaciendum ogainst an executor or administrator, after a devastavit and return of nulla bona to a fieri facias de bonis propriis. THE PEOPLE of &c. To the Sheriff of &c. Greeting: Whereas we lately commanded you, that of the goods and chattels, &c. (reciting the fieri facias de bonis teftatoris, &c.): And you at that day returned that &c. (reciting the return of nulla bona teftatoris nec propria and devastavit): Whereupon we lately commanded you that of the proper goods and chattels, &c. (reciting the freri facias de bonis propriis): And you at that day returned to our faid Justices, that the faid C. D. had not any of his own proper goods and chattels, lands or tenements, in your bailiwick, whereof you could cause to be made the damages, (or debt and damages) aforesaid: Therefore we command you that you take the faid C. D. if he shall be found in your bailiwick, and him safely keep, so that you may have his body before our faid Juftices at the City-Hall of &c. on &c. to fatisfy the faid A. B. of his damages, (or debt and damages) aforefaid, and have you there then this writ. Witness, &c. New-York Supreme Court. Satisfaction Piece. Of : Term in the year &c. --, fs. Satisfaction is acknowledged between A. P. plain. tiff and C. D. defendant, of a plea of trespass on the cafe, for ages and costs, (or, of a plea of debt for dollars debt and ages, &c.) dollars dam dollars dam Judgment entered of term in the year &c. J. A. Attorney for Plaintif. "PROCEEDINGS IN PARTITION OF LANDS. : Petition for the appointment of a Guardian for infant tenants, in partition. To the Honorable the Justices of the Supreme Court of Judicature of the State of New.York. The Petition of A. B. of &c. merchant, respectfully SHEWETH That your petitioner and C. D. and G. H. both of &c. children of E. F. laté of the fame place, merchant, now deceased, are seized in fee simple as tenants in common, of all and fingular, the lands, tenements and hereditamente following, to wir, All those three certain lots, pieces, &c. (here take in the defcription of the premifes to be divided) Together with the meffuages, buildings, improve. ments and appurtenances to the fame belonging or appertaining: And alfo, &c. And your Petitioner further sheweth, That he and the several other owners or proprietors, firit above mentioned, are respectively seized of all and fingular the lands, tenements and hereditarments above described, with the rights, members, privileges and appurtenances; thereunto belonging or appertaining, in the manner and proportions following, that is to say, your Petitioner is feized as aforesaid of two equal undivided fourth parts thereof, the whole into four equal parts to be divided, the said C. D. is seized, as aforesaid, of one other equal undivided fourth part thereof, and the faid G. H. is seized as aforefaid, of the remaining equal undivided fourth part thereof: And your Petitioner further sheweth, that he is defirous to have Partition made of all and fingular the faid lands, tenements and hereditaments, above described, with the appurtenances, and for that purpose intends to present his Petition to this Honorable Court, at the next term thereof, praying that the fame may be divided among the parties aforesaid, according to their respective rights therein, by commiffioners to be appointed by this Court, in pursuance of an act of the legislature of the state of New-York, entitled an act "for the Partition of Lands,".... But that the said C. D. and G. H. are sever. ally minors, under the age of twenty one years: Wherefore your Petitioner prays this Honorable Court to appoint some proper perfon or perfons, guardian or guardians, to the faid minors, respectively, for all the purposes intended by the faid act, to the end that your Petitioner may be enabled to proceed according to the act aforesaid, for the Partition of the premises above mentioned, among the par ties aforesaid, according to their respective rights therein. Dated this of in the year &c. A. Attorney for the Petitioner. Affidavit of the truth of the above Petition. day DUTCHESS COUNTY ss. A. B. the Petitioner named in the preceding Petition, being duly fworn, faith, that the faid Petition is true in fubftance and mat. ter of fact, according to the belief of this deponent. Sworn, &c. B A. B. Rule for the appointment of a Guardian in Partition. } In Partition, On reading and filing the Petition of A. B. setting forth, among other things, that he, the faid Petitioner, and C. D. and G. H. children of E. F. late of, &c. merchant, now deceased, are seized in fee fimple, as tenants in com. mon, of certain lands, tenements and hereditaments, with the appurtenances, situate &c. And also of certain other lands, tenements and hereditaments, with the appurtenances, fituate &c. All which premises are in the said Petition particuJarly described; ; and also setting forth that the said Petitioner intends presenting his Petition to this Court, praying that the said Premises may be divided among the parties aforesaid, according to their respective rights therein, pursuant to the act, entitled, " an act for the Partition of Lands.".... And that the faid C. D. and G. H. are severally minors, under the age of twenty one years, and praying this Court to appoint some proper perfon or perfons, guardian er guardians, to the faid minors, respectively, for all the purposes intended by the said act, to the end, that the said Petitioner may be enabled to proceed according to the act af orefaid, for the partition of the said premises among the parties aforefaid, cording to their respective rights therein; And on reading and filing, alfo, an affidavit of the faid Petitioner that the substance and matters of fact set forth in the said Petition, are according to his belief, true; And on motion of A. Attorney for the said Petitioner, ac ORDERED, that R. S. of &c. be and he is hereby appointed guardian te the faid C. D. and G. H. respectively, during their respective minorities, for all the purposes intended by the said act; he the said R. S. first entering into a bond to the people of this ftate, with fuch other person or persons being a freeholder or freeholders of this state, as one of the Clerks of this Court, shall approve; which bond shall be in such penal som as shall be directed by the said Clerk, and shall be conditioned according to the directions of the act entitled " an act for the Partition of Lands." The faid Clerk, in directing the amount of the Penalty of the faid bond to have due regard to the value and fituation of the said minors' rights and estates refpectively, as the same shall be made to appear to him. Order of the Clerk relative to the bond of Guardian. New-York Supreme Court vs. C. D. and G. H. } In Partition: To the Honourable the Justices of the Supreme Court of Judicature of the ftate of New-York. I, James Fairlie, one of the Clerks of this Hon. Court, do report, that in pursuance of a rule of this Court, made on the day of laft paft, on the Petition of A. B. in the matter above mentioned, a certified copy of which rule is hereunto annexed, I have examined into the matters by the said rule refered to one of the Clerks of this Court, and that I do approve of L. P. &c. &c. of &c. two freeholders of the faid stare, as fureties for R. S. guardian for C. D. and G. H. the minors in the faid rule mentioned: And I do direct, that the bond mentioned in the faid rule, be in the penal sum of &c. Dated this day of in the year &c. Bond Bond of Guardian. KNOW ALL MEN by these presents, that we, R. S. and L. P. &c. &c. of &c. merchants, are held and firmly bound unto the people of the state of New-York in the sum of &c. lawful money of &c. to be paid to the said people or to their certain attorney or successors: To which payment well and truly to be made, we bind ourselves, our heirs, executors and adminiftrators, jointly and severally, by these presents. Sealed with our seals, and dated this day of in the year of our Lord &c. Whereas in pursuance of an act of the legislature of the ftate of New York, entitled " an act for the partition of lands," passed 7th April, 1801, and on the petition of A. B. presented to the Supreme Court of Judicature of the state a forelaid, on the day of February, in February term now last past, the said Court have appointed the above named R. S. Guardian for C. D. and G. H. in the faid Petition mentioned, minors, under the age of twenty one years, du. ring their respective minorities, for all and every, the purposes intended by the faid act, and to do and perform in the behalf of the said minors, respectively, ev. ery act respecting the proceedings under the faid act for the partition of the lands tenements and hereditaments, in the said Petition mentioned, or any matter or thing relating thereto-the said lands, tenements and hereditaments, beingfi tuate &c. and being in the said Petition particularly set forth and described: Now therefore, the condition of the above obligation is such, that if the said R. S. shall well and faithfully discharge the truft committed to him by the faid appointment, as Guardian of the aforesaid minors, for the purposes before mentioned, and if, also, he shall render a just and true account of fuch Gardianship in all courts and places when thereunto required, then this obligatior to be void, but otherwise to be, and remain in full force and virtue. Sealed a delivered &c. Petition for the appointment of Commissioners to make partition. The Petition of A. B. of &c. merchant, respectfully SHEWETH: That your Petitioner is seized, in fee simple, as tenant in common, of two undivided fourth parts, the whole into four equal parts to be divided, of all and fingular the lands, tenements and hereditaments following, to wit, All those three certain lots &c. &c. (here describe the premises of which partition is to be made.) And your Petitioner further sheweth, that C. D. a minor, under the age of twenty. one years, one of the children of E. F. late of &c. merchant, now deceased, is seized in fee simple as tenant in common, of one other undivided fourth part of all and fingular the premises above mentioned and described: And your Petiti. oner further sheweth, that G. H. also a minor, under the age of twenty-one years, and also one of the children of the said E. F. deceased, is seized in fee simple, as tenant in common, of the remaining undivided fourth part of all and singular the faid premises above mentioned and described. All which premises above mentioned are, however, subject to the right of dower of J. F. widow, of the faid E. F. deceased, in the one equal undivided half part thereof, with the appurtenances : And your Petitioner further sheweth, that he is defirous to have Partition, made of the aforesaid lands, tenements and hereditaments, with the appurtenan ces, among the feveral parties aforesaid, according to their respective rights therein: Wherefore your Petitioner prays, that all and fingular, the aforefaid lands, tenements and hereditaments, with the rights, members, privileges and arpur. |