purtenances and every part thereof, unto the faid A. B. his heirs and affigns to his and their only proper ufe, benefit and behoof forever, in as full a man. ner as the faid parties of the firft part ought to, or lawfully may grant and convey the fame by thefe prefents. In witnefs whereof, the faid parties to thefe prefent have hereunto interchangeably fet their hands and feals the day and year firft above written.

Sealed and delivered in prefence of &c.

Judgment record in Partition.

New-York Supreme Court.

Of .......... term, in the year &c. Witness,
James Kent, Efq. Chief Juftice.
Fairlit & Blodgsod.

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 Juftices of the People of the ftate of New-York of the Supreme Court of Judicature of the fame 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 Juf tices of the Supreme Court of Judicature of the State of New-York-The Peti. tion of &c. (copy the petition verbatim to the end, next copy the plea &c. and then proceed as follows:)

And thereupon the premises being feen and fully understood by the faid Court, and mature deliberation being thereupon had, it is afcertained and determined by the faid Court, (according to the directions of the act in fuch cafe made and provided) that the rights of the faid parties, refpectively, 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 fay, 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 premifes be made between them, the faid parties, according to their faid refpective rights therein, in form aforefaid, by the faid Court afcertained and determined: Whereupon, and upon the prayer of the faid A. B. the petitioner, the fame Court now here, by rule or order, appoint J. O. W. W. and G. S. being three refpectable freeholders, of &c. wherein the greatest part in value of the faid premises are fituated, Commiffioners to make the faid partition between the parties aforefaid, quality and quantity relatively confidered, accor. ding to the refpective rights and interests of the faid parties, adjudged as aforefaid. Day is therefore given by the faid Court to the faid Commiffioners, until the renth day of May, inftant, in this fame term, at the City-Hall of the City of c. to make the faid partition in form aforefaid, er to report thereon 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.

At which day, that is to fay, on the tenth day of May, in May term, in the year &c. before the faid Juftices of the faid People of the ftate 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 aforefaid, as the faid C. D. and G. H. by their guardian aforefaid, 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 riken

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

day of

And afterwards, that is to fay, on the faid firft Monday of Auguft, of August term, in the year &c. before the faid Juftices of the People of the ftate of NewYork of the Supreme Court of Judicature of the fame People, at the City.Hall of the City of &c. comes as well the faid A. B. by his attorney aforefaid, as the faid C. D. and G. H. by their Guardian aforefaid,and the faid Commiffioners have fent to the faid Court a certain report, in writing, under their hands, by which it appears to the fame Court, that in purfuance of the directions to the faid Commiffioners given in and by the rule or order aforefaid, for that purpofe made, they, the faid Commiffioners, did on the in the year fell the faid premifes, at public vendue, at &c. to the perfons and for the prices following, that is to fay....The houfe, &c. &c. (as in the Commiffioners' report of the fales) which faid purchafers were the higheft and best bidders for the premifes fold to them refpectively: And that they, the faid 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 fale 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 the the faid J. F. agreed with them, the faid Commiffioners, in order to promote the faid fale, to releafe, to the refpective purchafers, on condition that they, the faid Commiffioners, should retain in their hands one equal fixth part of the nett proceeds of fuch fales to &c. &c. (according to the agreement in this cafe) which fales being approved of by the faid Court: THEREFORE IT IS FURTHER CONSIDERED, by the faid Court now here, that the faid fales, refpectively, 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 feveral purchasers aforefaid, for the premifes fo fold to them refpectively: And it is in like manner further ordered, that one moiety of the monies arifing from the faid fales of the premises aforefaid, be paid, by the faid Commiffioners, to the faid A. B. the petitioner, or his legal reprefentatives, that two third parts of the remaining moiety of the faid monies be paid, by the faid Commiflioners, 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 faid remaining moiety of the faid monies be retained by the faid Commiffioners, to be placed out under the directions of the Court of Chancery, &c. &c. (according to the agreement with. the widow) the faid Commiffioners, firft deducting from the fhare 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 faid 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 aforefaid, for defraying the charges and expences of faid partition, amount, in the whole, to dollars, the feveral proportions whereof are to be deducted as aforefaid. 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. B.

A. B.

VS.

C. D.

SIR-TAKE NOTICE, that I the faid C. D. do intend to prefent my petition. to the Court of Common Pleas, to be holden at the Court-Houfe in Poughkeepfie, in and for the faid county of Dutchefs, on Tuesday the eighth day of October next,at ten o'clock in the forenoon of the fame 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 legislature of the ftate of New-York, entitled "An Act for the relief of debtors with respect to the imprisonment of their perfons," paffed the 24th day of March, 1801 and that I have no debts, eftates or effects whatsoever, nor had I any at the time, of my first imprisonment in this action, or at any time fince either in poffeffion, 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 eftate which will be ftated in or annexed to my faid petition as the act aforefaid in fuch case provided, directs. As Witness. my hand this day of, &c.

C. D.

A schedule, account or inventory, of all the eftate, real or perfonal, in law or equity, which I, C. D. a prifoner charged in execution in the cuftody of J. F. Efquire, Sheriff of the county of Dutchefs, 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 fuit of the faid A. B. or at any time fince, either in poffelfion, reverfion, remainder or expectancy, in law or equity, and of all charges, affecting the fame, both as the fame eftate exifted at the time of my firit imprisonment in the faid fuit, and as it now exifts: Ard alfo, a juft and true account of all deeds, fecurities, books and writings whatfoever, relating to the. fame, and the names and places of abode of all the witneffes to fuch deeds, fecu rities and writings. Dated this day of &c.

REAL

REAL ESTATE :-(Defcribe it, if any, and aifo fet forth all charges or in cumbrances, if 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 alfo, whether they arife from bonds, bills, notes, or book &c.-State alfo, the amount of faid debts refpectively, and if due on bonds, bills, notes, &c, mention their dates, and the names and places of abode of all witneffes, if any, to the fame.) C. D.

NOTE-After fetting forth a full account of all the petitioner's eftate, in the manner above directed, as the fame exifted at his first imprisonment, you will in the laft place, fet forth any changes which may have taken place in the fame between the time of the petitioner's firft imprisonment and the time of making out his inventory-it will alfo be neceffary to fhew the caufes of these changes, as if any part of the property has been fold you muft fhew 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 fworn, depofeth and faith that he ferved a true copy of the above notice, and inventory thereto annexed, upon R. S.. Efquire, attorney for &c. on the fame to him perfonally, (or as the cafe may be.)

Sworn, &c.

the

day of &c. by delivering

E. F.

Petition of Infolvent.

To the Honourable the Judges and Affiftant Juftices of the Court of Common Pleas, holden at the Court-Houfe, in and for the county of Dutchels, The Petition of C. D. humbly

SHEWETH,

45

That your Petitioner is a prisoner in the cuftody of the Sheriff of the county of &c. in the common goal in and for faid county, charged in execution at the fait of A. B. for the fum of oilars damages and cofts, (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 benefit of the act of the Legiflature of the ftate of New-York entitled an act for the relief of debtors with refpect to the imprifonment of their per fins," paffed the 24th of March, 180l-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 whattoever, either in poffeffion, reverfion, remainder or expectan cy, 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 aforefaid act, refpectfully prays this Honourable Court to grant a rule or order that your petitioner fhall be brought up upon a day to be affigned for shat purpofe in order that the faid A. B. may perfonally or by his counsel, fhew caufe if any he have, why an affignment of your Petitioners eftate fhould not be made and he be difcharged pursuant to the aft aforefaid

Schedule (as above.)

C. D.

Rule

Rule for bringing up the prisoner.

C. D. ads. On reading and filing the petition of the faid C. D. a prifoner now A. B. in confinement in the cuftody 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 fervice of a notice upon the faid A. B. (or his attorney &c.) fourteen days before the prefenting the faid Petition, ftating his intention to prefent the fame to this court at this prefent 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 prefent term of to be discharged from his imprisonment, purfuant to the act entitled an act for the relief of debtors with refpect to the imprisonment, of their perfons," and according to the prayer of the faid petition, unlefs fuffi. cient caufe be fhewn to the contrary.

Dutchefs Common Pleas.

Form of Sheriff's Certificate.
A. B.

VS.

C. D.

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 jatisfaciendum, iffuing out of this Court and lodged in my office, against the faid C. D. whereon I am directed to levy and receive the fum of dollars, exclu five of my fees. Dated this J. T. Sheriff of the Witness. county of

day of &c.

}

Affignment to be endorfed on the Petition. Know all men by thefe prefents, That I, C. D. the prifoner within named, for and in confideration of the premifes within contained, and in purfuance of the act in fuch cafe, made and provided, Have, and by thefe prefents do affign, transfer, and fet over unto A. B. all the estate, real and perfonal, in law or equity, contained in the account within fet forth and flated, or so much thereof as may be fufficient to fatisfy the debt wherewith I the faid prifoner stand charged as within mentioned, together with the Goal fees thereon :-(arms and accoutrements, and neceflary wearing apparel and bedding, and the teels or inftruments of my trade, not exceeding fifty dollars in value, in the whole, ex, cepted,) and to his heirs, executors, adminiftrators and affigns, TO HAVE AND TO HOLD the fame, and every part and parcel thereof, (except as before excepted) for the benefit of the faid creditor and to fatisfy the debt within men. tioned, wherewith I the faid prifoner ftand charged in execution, together with the Goal fees as aforefaid, unto the faid A. B. his heirs, executors, adminiftra. tors, and affigns forever and to and for no other use or intent whatsoever. In wit nefs whereof I have hereunto fet my hand and feal this day of &c. C, D. Sealed and delivered in prefence of &c.

C. D. ads.

A. B.

Rule for the discharge of the prifoner.

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

necef. ·