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purtenances and every part thereof, unto the faid A. B. his heirs and assigns to his and their only proper use, benefit and behoof forever, in as full a man.. ner as the faid parties of the first part ought to, or lawfully may grant and convey the fame by these presents. In witness whereof, the faid parties to these present have hereunto interchangeably fet their hands and feals the day and year first above written.

Sealed and delivered in presence of &c.

Judgment record in Partition.

New-York Supreme Court. Of

..........

term, in the year &c. Witness, James Kent, Efq. Chief Justice. Fairlit & Blodgood. DUTCHESS COUNTY, fs. A. B. puts in his place B. A. his attorney, against C. D. and G. H. of a plea for the partition of lands.

BE IT REMEMBERED, that on the first Monday of May, of May term in the year &c. before the Justices of the People of the state of New-York of the Supreme Court of Judicature of the same People, at the City-Hall of the city of New-York, came A. B. (according to the directions of the act in fuch cafe made and provided) by B. A. his attorney, and exhibited to the faid Court then there, a certain Petition against C. D. and G. H. for the partition of lands, which faid petition follows in these words, to wit: To the Honourable the Juftices of the Supreme Court of Judicature of the State of New-York-The Petition of &c. (copy the petition verbatim to the end, next copy the plea &c.and then proceed as follows :)

And thereupon the premises being seen and fully understood by the faid Courr, and mature deliberation being thereupon had, it is ascertained and determined by the faid Court, (according to the directions of the act in such cafe made and provided) that the rights of the said parties, respectively, in and to all and fingular the lands, tenements and hereditaments in the faid petition mentioned, are fuch as in the faid petition is set forth, that is to say, that the right of the faid A. B. is two undivided fourth parts thereof, &c. &c. (as in the petition.) THEREFORE IT IS CONSIDERED, by the fame Court, that partition of the faid premises be made between them, the faid parties, according to their faid respective rights therein, in form aforesaid, by the said Court afcertained and determined: Whereupon, and upon the prayer of the faid A. B. the petiti. oner, the fame Court now here, by rule or order, appoint J. O. W. W. and G. S. being three respectable freeholders, of &c. wherein the greatest part in value of the faid premises are situated, Commiffioners to make the faid partition between the parties aforesaid, quality and quantity relatively confidered, accor. ding to the respective rights and interests of the faid parties, adjudged as aforesaid. Day is therefore given by the faid Court to the faid Commiffioners, until the renth day of May, instant, in this same term, at the City Hall of the City of &c. to make the faid partition in form aforefaid, or to report thereon to the faid Court: And the fame day is given to the faid A. B. and the faid C.D. and G.H. the parties aforesaid, there &c.

At which day, that is to say, on the tenth day of May, in May term, in the year &c. before the faid Justices of the faid People of the state of New-York, of the Supreme Court of Judicatore of the fame People, at the City-Hall of the City of &c. comes as well the faid A. B. by his attorney aforesaid, as the faid C. D. and G. H. by their guardian aforesaid, and the faid Commiffioners have fent to the faid Court, now here, a certain report in writing, under their hands, by which it appears to the fame Court, that the faid Commiffioners, having first te ken

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and subscribed the oath, by law in such case directed, do report, that the pre. mises, whereof partition is in form aforesaid required and directed, are three houses and lots of land, with the appurtenances, fituate &c. (as in the Commif. fioners' report) all which premises do not exceed fifty acres, in quantity, and that the faid premises are so circumstanced that a division thereof, in form afore. faid, cannot be made without great prejudice to the owners of the fame, which faid report being fatisfactory proof to the Court that the said premises do not contain more than fifty acres, and cannot be divided among the owners thereof without great and manifest prejudice to them: It is thereupon, and upon the prayer of the said A. B. the faid petitioner, Ordered by the said Court, now here, according to the directions of the act aforesaid, that the faid Commiffioners fell the faid premises, at public vendue, to the highest bidder, giving at least thirty days previous notice of the time and place of such sale, and after fuch fale that they report the fame to this Court. Day is therefore given by the same Court to the faid Commissioners until the first Monday of August, in August term, in the year, &c. at the City-Hall of the City of &c. to sell the said premises in manner aforesaid, and to report the fame to the said Court: And the fame day is given to the faid A. B. and the faid C. D. and G. H. the parties aforefaid, there, &c.

And afterwards, that is tosay, on the said first Monday of August, of August term, in the year &c. before the said Justices of the People of the state of NewYork of the Supreme Court of Judicature of the same People, at the City.Hall of the City of &c. comes as well the said A. B. by his attorney aforesaid, as the faid C. D. and G. H. by their Guardian aforesaid, and the faid Commifsioners have fent to the faid Court a certain report, in writing, under their hands, by which it appears to the fame Court, that in pursuance of the directions to the faid Commiffioners given in and by the rule or order aforesaid, for that purpose made, they, the faid Commiffioners, did on the day of in the year

fell the faid premises, at public vendue, at &c. to the perfons and for the prices following, that is to fay.... The house, &c. &c. (as in the Commiffioners' report of the fales) which said purchasers were the highest and best bidders for the premises sold to them respectively: And that they, the said Commissioners, had given more than thirty days previous notice of the time and place of fuch fale: And by the fame report it further appears, that the whole of the aforesaid premises were, before the faid sale thereof, fubject to the right of dower of J. F. the widow of E. F. deceased, in the one equal undivided half part thereof, which right of dower she the said J. F. agreed with them, the said Commissioners, in order to promote the faid sale, to release, to the respective purchasers, on condition that they, the faid Commiffioners, should retain in their hands one equal fixth part of the nett proceeds of fuch sales to &c. &c. (according to the agreement in this cafe) which sales being approved of by the faid Court : THEREFORE IT IS FURTHER CONSIDERED, by the faid Court now here, that the faid fales, respectively, be valid and effectual in the law. Whereupon, and upon the prayer of the faid A. B. the faid petitioner, it is ORDERED, by the faid Court, that the faid Commiffioners execute good and fufficient conveyances in the law to the several purchasers aforesaid, for the premises to fold to them respectively: And it is in like manner further ordered, that one moiety of the monies arifing from the faid sales of the premises aforesaid, be paid, by the faid Commiffioners, to the said A. B. the petitioner, or his legal representatives, that two third parts of the remaining moiety of the faid monies be paid, by the faid Commissioners, to the Guardian of the faid C. D, and G. H. for their fe in equal proportions, and that the remaining third part of the said remaining moiety of the said monies be retained by the said Commissioners, to be placed out under the directions of the Court of Chancery, &c. &c. (according to the agreement with the widow) the faid Commissioners, first deducting from the share of the faid A. B. the faid petitioner, one equal half part of the costs and charges hereafter mentioned, and from the refidue of the said monies arifing from the faid fales, the remaining half part of the faid costs and charges hereafter mentioned; which faid costs and charges, being allowed and taxed by the fame Court accor. ding to the directions of the act aforesaid, for defraying the charges and ex. pences of faid partition, amount, in the whole, to dollars, the several proportions whereof are to be deducted as aforesaid.

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Judgment Signed the day of &c.

PROCEEDINGS UNDER THE “ACT FOR THE RELIEF OF
DEBTORS WITH RESPECT TO THE IMPRISONMENT
OF THEIR PERSONS."

Notice, by Infolvent, of his intention to petition for discharge, &c.

Dutchess Common Pleas

To Mr. A. В.

Α. Β.

vs.

C. D.

}

SIR-TAKE NOTICE, that I the faid C. D. do intend to present my petition to the Court of Common Pleas, to be holden at the Court-House in Poughkeepfie, in and for the faid county of Dutchess, on Tuesday the eighth day of October next, at ten o'clock in the forenoon of the same day, or as foon thereafter as I can be heard, for fuch relief and benefit as I may be entitled to, by virtue of an act of the legiflature of the state of New-York, entitled "An Act for the relief of debtors with respect to the imprisonment of their persons," passed the 24th day of March, 1801 -and that I have no debts, estates or effects whatsoever, nor had I any at the time, of my first imprisonment in this action, or at any time fince either in poffefsion, reverfion, remainder or expectancy, other than and except what are mentioned and contained in the schedule or inventory hereunder written, the fame being a true copy of the account of all my estate which will be stated in or annexed to my faid petition as the act aforesaid in such cafe provided, directs. As Witness. my hand this day of, &c.

C. D.

A schedule, account or inventory, of all the estate, real or perfonal, in law or equity, which I, C. D. a prifoner charged in execution in the cuftody of J. F. Esquire, Sheriff of the county of Dutchess, at the fuit of A. B. or any perfon or perfons, in truft for me, was or were poffeffed of or entitled to, at the time of my first imprisonment at the suit of the faid A. B. or at any time since, either in poffeffion, reverfion, remainder or expectancy, in law or equity, and of all charges affecting the fame, both as the same estate exifted at the time of my first imprisonment in the faid fuit, and as it now exifts: And alfo, a just and true ac count of all deeds, securities, books and writings whatsoever, relating to the fame, and the names and places of abode of all the witneffes to fuch deeds, securities and writings. Dated this day of &c.

REAL

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REAL ESTATE:--(Describe it, if any, and also set forth all charges or in. cumbrances, it any, which affect the fame; or if there be no real estate, fay, "I have none, either in poffeffion, reverfion, remainder or expectancy, in law or equity.")

GOODS AND CHATTELS: -(Set them forth particularly.) DEBTS:-(Stating the names of the perfons from whom they are due, and also, whether they arife from bonds, bills, notes, or book &c.-State also, the amount of faid debts respectively, and if due on bonds, bills, notes, &c, mention their dates, and the names and places of abode of all witnesses, if any, to the fame.)

C. D.

NOTE-After fetting forth a full account of all the petitioner's estate, in the manner above directed, as the same exifted at his first imprisonment, you will in the latt place, set forth any changes which may have taken place in the fame between the time of the petitioner's first imprisonment and the time of making out his inventory-it will also be necessary to shew the causes of these changes, as if any part of the property has been fold you must thew on what account, to whom, and for what price, as accurately as you can.

Affidavit of fervice of notice.

fs. E. F. of &c. being duly sworn, deposeth and faith that he served a true copy of the above notice, and inventory thereto annexed, upon R. S.. Esquire, attorney for &c. on the day of &c, by delivering

the fame to him personally, (or as the cafe may be.) Sworn, &c.

Petition of Insolvent.

E. F.

To the Honourable the Judges and Amstant Justices of the Court of Common Pleas, holden at the Court House, in and for the county of Dutchess, The Petition of C. D. humbly

SHEWETH,

That your Petitioner is a prisoner in the custody of the Sheriff of the county of &c. in the common goal in and for faid county, charged in execution at the foit of A. B. for the sum of Jollars damages and costs, (or dollars debt and dollars damages) as by the certificate of the faid Sheriff hereunto annexed more fully appears-That your Petitioner humbly apprehends he is entitled to the bencht of the act of the Legislature of the state of New-York entitled "an act for the relief of debtors with respect to the imprisonment of their perfons," paffed the 24th of March, 1801-That your Petitioner hath not at the time of exhibiting this his petition nor had he at the time of his first imprisonment in this action, or at any time fince, any debts, estate or effects whatfwever, either in poffeffion, reverfion, remainder or expectancy, in law or equity, other than, and except, what are mentioned and contained in the schedule or inventory hereunto annexed, (if there be one.)

Your Petitioner, being willing and defirous to conform himself to the directions of the aforesaid act, respectfully prays this Honourable Court to grant a rule or order that your petitioner shall be brought up upon a day to be affigned for shat purpose in order that the faid A. B. may perfonally or by his counsel, thew cause if any he have, why an affignment of your Petitioners citate should not be made and he be difcharged pursuant to the act aforesaid

Schedule (as above.)

C. D.
Rule

C. D.

}

Rule for bringing up the prisoner.

ads. On reading and filing the petition of the faid C. D. a prifoner now A. B. in confinement in the custody of J. T. Efquire, Sheriff of the county of in the common Jail of faid county, charged in execution at the fait of the faid A. B. together with an affidavit of the due service of a notice upon the faid A. В. (or his attorney &c.) fourteen days before the prefenting the faid Petition, stating his intention to present the fame to this court at this present term, and on motion of E. F. attorney for the faid C. D. ORDERED, that the faid C. D. be brought into court on the day of inftant in this present term of to be discharged from his imprisonment, pursuant to the act entitled an act for the relief of debtors with respect to the imprisonment, of their perfons," and according to the prayer of the said petition, unless suffi. cient cause be shewn to the contrary.

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I DO HEREBY CERTIFY, that C. D. the defendant in the above suit, is confined in the Common Jail of the county of in my cuftody, charged in execution, at the fuit of the above named plaintiff, by virtue of a writ of capias ad fatisfaciendum, issuing out of this Court and lodged in my office, against the faid C. D. whereon I am directed to levy and receive the sum of dollars, exclu. five of my fees. Dated this day of &c. J. T. Sheriff of the countyheriff Witness.

Affignment to be endorsed on the Petition. Know all men by these presents, That I, C. D. the prisoner within named, for and in confideration of the premises within contained, and in pursuance of the act in fuch cafe, made and provided, Have, and by these presents do afsign, transfer, and set over unto A. B. all the estate, real and perfonal, in law or equity, contained in the account within fet forth and stated, or so much thereof as may be sufficient to fatisfy the debt wherewith I the said prisoner stand charged as within mentioned, together with the Goal fees thereon:-(arms and accoutrements, and neceflary wearing apparel and bedding, and the tools or instruments of my trade, not exceeding fifty dollars in value, in the whole, ex, cepted,) and to his heirs, executors, administrators and affigns, TO HAVE AND TO HOLD the fame, and every part and parcel thereof, (except as before ex. cepted) for the benefit of the said creditor and to fatisfy the debt within men. tioned, wherewith I the faid prifoner stand charged in execution, together with the Goal fees as aforefaid, unto the said A. B. his heirs, executors, administra. tors, and affigns forever and to and for no other use or intent whatsoever. In wit nefs whereof I have hereunto set my hand and feal this day of &c. C, D,

Sealed and delivered in prefence of &c.

C. D.

A. B.

Rule for the discharge of the prisoner.

An Afflignment of all the Estate, real and perfonal, in law or equity, contained in the account of the above named Defendant (his arms and accoutrements and

necef.

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