Habere facias poffeffionem in ejectment.

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 with out our writ for if by original, by our writ) and by the judgment of the fame court, recovered againft C. D. his term then and yet to come of and in two dwelling houfes, &c. (as in the declaration in ejectment) with their appurtenan ces, fituate, lying and being in the town of &c. in your county, which E. F. on the day of in the year &c. demifed to the faid A. B. and his affigns

to hold the fame to the faid A. B. and his affigns from the day of then lak paft, for and during and unto the full end and term of years, from thence next enfuing, and fully to be complete and ended; by virtue of which faid demife the faid A. B. entered into the faid tenements, with the ap purtenances, and was poffeffed 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 demifed to the faid A. B. in manner and for the term aforefaid, 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 without delay you caufe the faid A. B. to have the poffeffion of his faid term yet to come, of and in the tenements aforefaid, with the appurtenances; and in what manner you fhall have executed this our writ, make appear to our Juftices of our faid Court at the City Hall of the City of &c. on &c. and have there then this writ. Witness &c.

The like and fieri facias for cofls.

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 alfo command you that of the goods and chattels of the faid C. D. in your bailiwick, you caufe to be made dollars, which the faid A. B. lately in our faid Court, before our faid Juftices at the City-Hall of &c. aforefaid, recovered again!t the faid C. D. for his damages which he had fuftained, as well on occafion of the trefpafs and ejectment aforefaid, as for his cofts and charges, by him about his fuit in that behalf expended; Whereof the faid C. D. is alfo 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 said monies before our faid Juftices 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 aforefaid; and have there then this writ. Witnefs, &c.

Capias ad fatisfaciendum in affumpfit.

THE PEOPLE of &c. To the Sheriff of &c. Greeting: We command you that you take C. D. if he fhall be found within 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 &c. on &c. to fatisfy A. B. of dollars, which the faid A. B. lately in our faid Court before our faid Jutices at the City of &c. recovered against him, for his damages which he had fuftain. ed, as well on occafion et the not performing certain promifes and undertakings, then lately made, by the faid C. D. to the faid A. B. as for his cofts and charg es by him about his fuit in that behalf expended; whereof the faid C. D. is con victed, as appears to us of record; and have there then this writ, Winefs, &c.

Gapias

Capias ad fatisfaciendum for the refidue.

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 Juftices at the City Hall of &c. that by virtue of the faid writ, to you directed, you had caufed 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) aforesaid, which money you had ready at the day and place in the faid writ contained, to render to the faid A. B. for fo much of his damages, (or debt and damages) aforefaid, as by the faid writ you were commanded; and that the faid C. D. had not any other or more goods and chattels, lands or tenements, in your bailiwick, whereof you could caufe to be made the refidue of the damages, (or debt and damages) aforefaid, or any part thereof: Therefore we command you that you take the faid C. D. if he fhall be found within your bailiwick, and him fafely keep, fo that you may have his body before our faid Juftices at the City.Hail of the City of &c. on &c. to fatisfy the faid A. B. of dollars, refidue of his damages, (or debt and damages) aforefaid, and have there then this writ. Wit nefs, &c.

Capias ad fatisfaciendum ogainst an executor or adminiflrator, after a devaftavit 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 devaftavit): Whereupon we lately commanded you that of the proper goods and chattels, &c. (reciting the fieri facias de bonis propriis): And you at that day returned to our faid Juftices, that the faid C. D. had not any of his own proper goods and chattels, lands or tenements, in your bailiwick, whereof you could caufe to be made the damages, (or debt and damages) aforefaid: Therefore we command you that you take the faid C. D. if he fhall be found in your bailiwick, and him fafely keep, fo 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.

P. plain. dollars dam

fs. Satisfaction is acknowledged between A. tiff and C. D. defendant, of a plea of trefpafs on the cafe, for ages and cofts, (or, of a plea of debt for

ages, &c.)

Judgment entered of

J. A. Attorney for Plaintif

dollars debt and

term in the year &c.

dollars dam

"I PROCEEDINGS IN PARTITION OF LANDS.

Petition for the appointment of a Guardian for infant tenants, in partition.

To the Honorable the Juftices of the Supreme Court of Judicature home of the State of New York.

The Petition of A. B. of &c. merchant, respectfully

SHEWETHI

That your petitioner and C. D. and G. H. both of &c. children of E. F. latè of the fame place, merchant, now deceased, are feized in fee fimple as tenants in common, of all and fingular, the lands, tenements and hereditaments following, to wit, All thofe three certain lots, pieces, &c. (here take in the defcription of the premifes to be divided) Together with the meffuages, buildings, improvements and appurtenances to the fame belonging or appertaining: And alfo, &c. And your Petitioner further theweth, That he and the several other owners or proprietors, firit above mentioned, are refpectively feized of all and fingular the lands, tenements and hereditaments above described, with the rights, members, privileges and appurtenances; thereunto belonging or appertaining, in the manner and proportions following, that is to fay, your Petitioner is feized as aforefaid of two equal undivided fourth parts thereof, the whole into four equal parts to be divided, the faid C. D.is feized, as aforefaid;of one other equal undivided fourth part thereof, and the faid G. H. is feized as aforefaid, of the remaining equal undivided fourth part thereof: And your Petitioner further fheweth, 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 prefent his Petition to this Honorable Court, at the next term thereof, praying that the fame may be divided among the parties aforefaid, according to their respective rights therein; by commiffioners to be appointed by this Court, in pursuance of an act of the legislature of the ftate of New-York, entitled an act "for the Partition of Lands,". ".... But that the faid C. D. and G. H. are feverally minors, under the age of twenty one years: Wherefore your Petitioner prays this Honorable Court to appoint fome proper perfon or perfons, guardian or guardians, to the faid minors, refpectively, for all the purpofes 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 parties aforefaid, according to their respective rights therein. Dated this day in the year &c.

A. Attorney for the Petitioner.

Affidavit of the truth of the above Petition.

DUTCHESS COUNTY fs. 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 2

A. B.

Rule for the appointment of a Guardian in Partition.

New-York Supreme Court.

In the matter of A.B.

.vs.

C. D and G. H.

}

In Partition On reading and filing the Petition of A. B. fetting 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 feized in fee fimple, as tenants in common, of certain lands, tenements and hereditaments, with the appurtenances, fituate &c. And alfo of certain other lands, tenements and hereditaments, with the appurtenances, fituate &c. All which premifes are in the faid Petition particuJarly defcribed; and alfo fetting forth that the faid Petitioner intends prefenting his Petition to this Court, praying that the faid Premifes may be divided among the parties aforefaid, according to their respective rights therein, purfuant to the act, entitled," an act for the Partition of Lands."....And that the faid C. D. and G. H. are feverally minors, under the age of twenty one years, and praying this Court to appoint fome proper perfon or perfons, guardian or guardians, to the faid minors, refpectively, for all the purposes intended by the faid act, to the end, that the faid Petitioner may be enabled to proceed according to the act aforefaid, for the partition of the faid premifes among the parties aforefaid, according to their respective rights therein; And on reading and filing, alto, an affidavit of the said Petitioner that the fubftance and matters of fact set forth in the faid Petition, are according to his belief, true; And on motion of A. Attorney for the faid Petitioner,

ORDERED, that R. S. of &c. be and he is hereby appointed guardian to the faid C. D. and G. H. refpectively, during their refpective minorities, for all the purposes intended by the faid act; he the faid R. S. firft entering into a bond to the people of this ftate, with fuch other perfon or perfons being a freeholder or freeholders of this ftate, as one of the Clerks of this Court, fhall approve; which bond fhall be in fuch penal fom as fhall be directed by the faid Clerk, and fhall 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 faid minors' rights and eftates refpectively, as the fame fhall be made to appear to him.

Order of the Clerk relative to the bond of Guardian.

In the matter of A. B. Petitioner

New-York Supreme Court

VS.

C. D. and G. H.

In Partition:

To the Honourable the Juftices of the Supreme Court of Judicature

of the state of New York.

1, James Fairlie, one of the Clerks of this Hon. Court, do report, that in purfuance 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 faid 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 ftare, 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 fum of &c. Dated this

in the year &c.

day of

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 fum of &c. lawful money of &c. to be paid to the said people or to their certain attorney or fucceffors: To which payment well and truly to be made, we bind ourselves, our heirs, executors and adminiftrators, jointly and feverally, by these prefents. Sealed with our feals, and dated this day of in the year of our Lord &c.

Whereas in purfuance of an act of the legislature of the ftate of New-York, entitled " an act for the partition of lands," paffed 7th April, 1801, and on the petition of A. B. prefented to the Supreme Court of Judicature of the state a forelaid, on the day of February, in February term now laft paft, the faid 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 faid minors, refpectively, ev, ery act refpecting the proceedings under the faid act for the partition of the lands tenements and hereditaments, in the faid Petition mentioned, or any matter or thing relating thereto-the faid lands, tenements and hereditaments, beingfi tuate &c. and being in the faid Petition particularly fet forth and defcribed: Now therefore, the condition of the above obligation is such, that if the said R. S. fhall well and faithfully difcharge the truft committed to him by the faid appointment, as Guardian of the aforefaid minors, for the purposes before mentioned, and if, alfo, he shall render a juft and true account of fuch Gardianship in all courts and places when thereunto required, then this obligation to be void, but otherwise to be, and remain in full force and virtue. Sealed a delivered &c,

Petition for the appointment of Commiffioners to make partition.

To the Honourable the Juftices 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 is seized,in fee fimple, 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 defcribe the premises of which partition is to be made.) And your Petitioner further fheweth, 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 feized in fee fimple as tenant in common, of one other undivided fourth part of all and fingular the premises above mentioned and defcribed: And your Petiti oner further fheweth, that G. H. alfo a minor, under the age of twenty-one years, and also one of the children of the faid E. F. deceased, is seized in fee fimple, as tenant in common, of the remaining undivided fourth part of all and fingular the faid premifes above mentioned and defcribed. All which premifes above mentioned are, however, fubject to the right of dower of J. F. widow, of the faid E. F. deceafed, in the one equal undivided half part thereof, with the appurtenances:

And your Petitioner further fheweth, that he is defirous to have Partition, made of the aforefaid lands, tenements and hereditaments, with the appurtenan ces, among the feveral parties aforefaid, according to their refpective rights, therein: Wherefore your Petitioner prays, that all and fingular, the aforefaid lands, tenements and hereditaments, with the rights, members, privileges and

appur.