of the United States of America, to be paid to the faid J. T. or to his certain attorney, executors, administrators or affigns, when they the faid C. D. and E. F. fhould be thereto afterwards required; with a condition to the faid writing obligatory underwritten, that if the faid C. D. fhould perfonally appear at the then next fupreme court of judicature of the people of the state of &c. [or " at the then next court of common pleas"] to be held at the City-Hall of the city of &c. {or" at in and for the faid county of" &c.] on the day of &c. be. fore the faid juftices [or before the said judges and alliftant juftices"] of the faid court, then and there to answer unto the faid A. B. of a plea of trespass, and also to a bill of the faid A. B. against the faid C. D. for dollars upon promifes, according to the cuftom of the faid court before the faid juftices then, there to be exhibited, [or " of a plea of trefpafs on the cafe to his damage of dollars as it was faid," then the faid obligation fhould be void, otherwife to remain in full force and virtue, as by the faid writing obligatory, and the condition thereof, relation being thereto had, will more fully appear; which faid writing obligatory, with the condition there-under written, was taken by the faid J. T. Efq. fheriff as aforefaid, by virtue of the faid writ, and by force of the act in fuch case made and provided: And the faid A. B. affignee as aforefaid, in fact faith that the said C. D. did not appear at the faid court before the faid juftices [or "before the faid judges and assistant juftices"] on the day in the condition aforefaid mentioned, according to the exigency of the faid writ, whereby the faid writing obligatory became forfeited, and the faid fum of money therein mentioned, or any part thereof, not being paid to the faid fheriff, the faid J. T. then and now being sheriff as afore. faid, afterwards, to wit, on the day of in the year &c. at
County of aforefaid, [or in the county and within the jurifdiction aforefaid,"] at the requeft, coft and charges of the faid A. B. by an endorsement on the back of the faid writing obligatory, made and attefted in the prefence of two credible witneffes, and fealed with the feal of the faid fheriff, affigned the faid writing obligatory to the faid A. B. according to the form of the act in fuch cafe made and provided, as by the faid affignment, endorsed on the faid writing obligatory, and to the faid court now here fhewn, the date whereof is on the day and year laft aforefaid, may more fully appear; by reafon of which faid premises, and according to the form of the act in such case made and provided, an action hath accrued to the faid A. B. as affignee of the faid J. T. Esq. sheriff as aforefaid, to demand and have of the said C. D. and E. F. the faid fum of dollars above demanded: Nevertheless the faid C. D. and E. F. (although often requeft. ed &c.) have not yet paid the faid fum of money above demanded, or any part thereof to the faid J. T. fheriff as aforefaid, before the faid affignment, or to the faid A. B. affignee as aforefaid, fince the faid affignment, or to either of them, but the faid C. D. and E. F. to pay the fame, or any part thereof, have hitherto wholly refufed, and fill do refufe fo to do, to the damage of the faid A. B. affignee as aforefaid, of dollars, and therefore he brings fuit, &c.
Richard Rot. } Pledges, &c.
ABATEMENT,plea of, for mifnomer, page 168,
Ac etiam, elaufe of, in affumpfit at the fuit of executors, 125-At the fuit of administrators, ib. At the fuit of af- fignees of an infolvent, ib.-In coy- enant, i6.—In debt on bond, ib.-In debt on recognizance, 126.-In debt on ftatute, ib.In detinue, ib.-In trover, ib.In trefpafs de bonis af- portatis, ib.In trefpafs and affault, ib.-In trespass on lands, ib. In crim. con. ib.—In debt on a bail bond, ib.
Acquittances, fee receipts, releafes, &c. Admiffion, general, to profecute and de- fend as next friend and guardian, 124. Adminiftrators,fee executors and admin- iftrators.
Affidavit, of fignature to the petition of an infant to be admitted to sue by prochein ami, 123.-In fupport of a petition to fue in forma pauperis, 124.
Of juftification of bail, 131.-Of fervice of rule to return writ, 136.- Offervice of rule to bring in the bo- dy, ib.-Of delivery of a copy declaration against a prifoner, 142.7 Ot fignature of gaoler to a certificate for difcharge of a prisoner, 143.-Of fervice of notice of rule in ejectment, 163. Of the tenants refufing to de. fend an ejectment, in order to have the landlord admitted defendant, ib. -To obtain leave to enter up a judg- ment on an old warrant of attorney, 164.. Affidavit to change the Venire, 368. Of the truth of a plea in abate- ment, 169.-For cofts for not pro- ceeding to trial, 176.—For judgment as in cafe of a non fuit for not pro- ceeding to trial, ib.Of the abfence of a material witnefs, ib. Agreement, articles of, for the fale of an eftate with a penal clause for formance of covenants, 5.-For re- building mills, 6. Between a mer- ebant and his apprentice, 7.-Of mar-
riage 8. To make an affignnient of a leafe, 9.For building a noufe. 10. With a hired fervant, ib.-On a fale of wheat, 11.-Between a house. keeper and his lodger, ib.-When a landlord gives his tenant further time to pay his rent, 254. Annuity, grant of, by indenture, 67. Appearance, form of indorfing, 130.- By an attorney, ib.-Praecipe for ap- pearance by original, ió,
Arbitrations, fee awards, bonds &c. Affignment, of a bond, 25.—Of a judg- *ment recovered, ib.—Of a leafe by an executor, 26.-Ofa mortgage, 27.
-Of a man's whole eftate in confid eration of feveral debts and engage. ments, 28. Of a mortgage of a term of years, ib.-Of a meffuage for a term of years by way of endorsement, and of a bond for payment of the mort- gage money and for the performance of covenants, with a letter of attor ney, 29-Of two leafes, one in pof- feffion, the other in reverfion, to in- demnify an obligor on account of his becoming bound with and for another, ib.-Mutual affignment between two partners, upon determining the part- nerfhip, refpecting bad debts, which are divided and mentioned in two Schedules, 31.-Of articles of agree- ment for the fale of timber, and the money arifing therefrom for the pay- ment of debt in a schedule, 32. Attachment, of privilege, praecipe for, 127. -Attachment thereon, ib.-A- gainst the sheriff for not bringing in the body, 137. Attorney, letters and warrants of, 84.
-General letter of attorney, 85.- To receive a legacy,ib.-To receive rent, 86. To make diftref, ib.- To receive annuities, ib.—To ler or fell lands, 87.-Conclufion of a pur- chafe deed by virtue of a power of at- torney, ib.-Letter of attorney to deliver feifin of lands, &c, ib,—To receive
receive feifin, 88.-Irrevocable to receive money due on a bond, ib.-... From a failor to his wife to receive his wages and all other debts, ib.— Revocation of, 89.-Warrant of at- torney to appear and plead to an ac- tion commenced, ib.To confefs judgment, ib. To contefs judgment on a bond, b.-To acknowledge fat- isfaction on a judgment, 90.-To confefs judgment in ejectment, ib. To defend a fuit, 16.-The like in ejectment, ib. From the plaintiff to the theriff and gaoler to difcharge a defendant, 91.-See, alfo, warrants of attorney.
Awards and arbitrations, 12.-Form of an award by two arbitrators, ib. By umpirage for want of a determination by arbitrators chosen, 13.-By a fin- gle perfon elected to arbitrate, 14.— Submiffion to arbitration to make it a rule of court, ib.-See, alfo, bonds, &c.
Bill of fale, of goods, 35.-Form of en- dorfing livery and feifin on, 36.- Bill of fale of goods, conditional, in nature of a mortgage, ib.-Of goods and flock in confideration of mainte nance, &c. ib.-Of goods, as a collat- eral fecurity for money due on a bond of even date, 37. Of part of a thip, by indenture, 38.-Of a bill of ad- venture at sea, 391la ne post Bonds, 15.-Form of, from one to one, 16. From two to one, ib.-From three to one," 17.-From one to two, ib. From three to three, ib. A bail bond, ib.-Condition of a bond of indemnity where one is bound for another, 18.-The like where one is bail for another, ib.-The like on a fheriff's granting a replevin, 19,——— Condition of a bond to pay money on marriage or death, for goods fold, ib. Of a bond of arbitration, ib.-The like with, or without an umpitage, 20. For payment of money at two feveral days, ib. To procure an heir at law to convey when of age, and for quiet enjoyment, 21.-To marry a certain perfon or pay a fum of money, ib.-For payment of a cer- tain fum yearly, to two perfons dur- ing their lives, ib.-For performance of covenants, 22.--To free a town from the burden of a baftard child, ib. For payment of an annual fum to one perfon during life, 23.-For payment of money at feveral days, ib.
For payment of money quarterly, ib.---To pay money at the end of an apprenticeship, or marriage with a particular perfon, 24.Aflignment of a bond, 25.---Condition of a bond, on a bargain and fale of lands, to ex. ecute a deed of conveyance thereof, on payment of the confideration mo. ney, 59...The like, on payment of part of the confideration money, at a certain day, 60.
Capias ad refpendendum, form of, 125. ...In an action qui tam, 144.- F ED. try of, on the roll to fave the flatute, 126. Certiorari,
Certiorari, to a juftice of the peace or an alderman to remove his judgment, 139.-To remove an indictment from the court of general feffions, ib.-Re- turn to, 140.-Procedendo on, ib. Certiorari to remove a caufe from an inferior court, ib.-Juftices return to, 141,Certiorari to remove into the fupreme court an indictment for a forcible entry and detainer, before a juftice of the peace, 228.-Return to a certiorari by a court of feffions, 252. By a juftice of the peace, ib. Certificate of a gaoler for the discharge of a prifoner, for default in declaring, 143.-Affidavit of fignature to, ib. Certificate of fettlement of a pau- per, 248.-Of receipt of mortgage money, to procure a discharge of the mortgage, 95.
Cognovit actionem, in debt, or affump.
fit, 171.-The like, relicta verifica- tione, 172..
Challenge, to the array of the penal of
Commitment, fee Mittimus.
Complaint, form of, to obtain a fearch
Confeffion of the action, in affumpfit, 165.-In debt, ib.-The like relic- ta verificatione, ib.
Confirmation, from a person on his at- taining the age of twenty one years, who was made a party to a convey- ance before he was of age, to be en- dorfed on the conveyance, 61.---- Deed of confirmation, ib. Conveyance, of lands, by leafe and re- leafe, or a bargain and fale for one year, 40...-Release thereon, or deed with full covenants, ib. By quit. claim,42.By releafe or deed, with out covenants, 43.---Deed of lands on fale by mortgage, ib...-The like by a fheriff on fale by execution, 45. ...Conveyance by feoffment, with a letter of attorney to grant livery and feifin, 46. Conviction, under the act for regulating inns and taverns, 232.---Of a forci ble detainer upon view, 221.
Coparceners, fee Partition. Co-partnership, indenture of, 48. Coroners.Forms of proceedings by, 239--41.
Countermand, of inquiry, 165.----Of notice of trial, 175..
Courts, of common pleas, file of, 123. ---Of mayor's courts, ib...Of the general feffions, 251. Covenants, Deed of, for payment of rent and performance of covenants in a leafe, affigned,and to indemnify the affignor thereof, to be inferted in the affignment, 47.---Covenant in a leafe that the leffor may, upon fix months notice, take part of the premises, into his own hands, ib.--Covenant or provifo in a leafe allowing the tenant to be free before the end of the term granted, 48. Indenture of co-part. nerfhip between two bookfellers, ib. ....Charter party of affignment, 53- ....Letter of license to a debtor, 54. ...Compofition with creditors, ib.... Marriage fettlement, 55...Seperation of man and wife, 57...Covenant to indemnify a master from all costs, &c. that may accrue by his apprentice's leaving him by confent, 60. D.
Debtors... Proceedings under the act for the relief of debtors with refpect to the imprisonment of their perfons,
Debtors infolvent.... Proceedings under the act for giving relief in cafes of infolvency, 214...18.
Declaration of a truft, see Truft. Declaration, beginning of, by an infant,
145... By an executor in cafe, ib.... By a furviving executor in cafe, ib... Against an executor in debt, 145... Againft executors of a executrix in cafe, ib... For husband and wife where the wife was executrix in debt, ib... For an executor of an executor in debt, ib...For a furviving executor in debt, ib... Against a furviving exec. utor, 147....For an administrator a.. gainst an administrator, ib....For a farviving adminiftrator against huf.
band and wife, where he was ad miniftratrix, in cafe, ib... For an ex- ecutor and the husband and wife, co- executrix of an executor of the first teftator,ib...For an adminiftrator dur. ing the minority of the executor a- gainst an adminiftrator de bonis non, ib....For an adminiftrator de bonis non, 148...For an adminiftrator with the will annexed, ib...In a qui tam action, ib....Beginning of a declara- tion fuggefting the death of one of the plaintiffs after the writ fued out, ib... Again two defendants where one dies after writ fued out and before declaration, 149...Against an heir,ib. ...Against a prifoner in cuftody of the fheriff, ib... At the fuit of an attorney, ib....Against two defendants where one is not taken, ib. Declaration, form of, againft an attor-
ney for words, 149...For work and jabor by plaintiff and his fervants, &c. for work and labor and materials found, for work and labor generally, for work and labor &c. by an apoth- ecary, for work and labor as a taylor, for meat, drink, &c. found and pro- vided for an infant fon, for meat, &c. found for the wife, for goods fold and delivered, for money paid, for money Jent, for money had & received & an account flated & common conclufion, 153..8...For the ufe and occupation of a houfe, &c. 158...Ona promiffory note, and for money paid,money lent and money had and received in one count, by an executor againft an ex- ecutor, 158....In trover for a horse, 159...On a penal bill by an adminif- frator against an adminiftrator, 160.. In trefpafs quare claufum, 161.... In dower, ib...In ejectment, ib...On a bail bond, 255.
Deed, of bargain and fale, 33..4...Form of, on fale by mortgage, 43...Of con- firmation, 61...Of exchange for term of years, 63...Conclufion of, when ex- ecuted by virtue of a power of attor. ney, 87...By fheriff on fale by execu- tion, 45....See, alfo, Conveyances,
Gifts and Grants, &c, Defeafance, of a bond and judgment, 62... On lands forfeited, 63. Discontinuance, by bill, entry of, 192. Diftringas, form of, 179.. The like where a view is to be had by a common jury, 180...When a view is to be had by a ftruck jury, ib....Return to a diftringas when a view is bad, ib. Diftrefs, for rent, proceedings in, 219.. 21...Oath to obtain a warrant to en- ter a dwelling houfe where goods are concealed, to make diftreft, 254.... Form of the warrant,ib... Agreement where the landlord gives his tenant further time to pay his rent, ib.
Ejectment, declaration in, 161... Notice to tenant in, 162...Notice of rule to appear in, ib...Confent rule, 163. Entry, of capias on the roll to fave the ftatute of limitations and award of alias and pluries, 126...Of discontin- uance by bill, 192... Of nolle profe. qui as to a particular count, ib. Examination, of witneffes, fee Interog- atories... Of a perfon charged with fe. lony, 237.
Exceptions, to bail, entry of, 132...No. tice of, ib... Bill of, 135. Exchange, of lands, for term of years, deed of, 63. Executions....Fieri facias in affumpfit, 195...The like by and againft furviv ing partners, 196...The like judgment by an executor or adminif. trator, ib... The like against an exec. tor or adminiftrator de bonis teftato ris, ib...Fieri facias in debt, 197.... In covenant, ib...in cafe, ib... In tro- ver, ib...In an action for words, ib.. In replevin, ib...In trefpafs, ib...In trefpafs and affault, ib....In trefpafs and ejectment, 198... Fieri facias on a nonfuit, ih...The like on a verdict for defendant, ... The like on a judg- ment as in cafe of a nonsuit, ih... The like against an executor or adminiftra- tor de bonis propriis after a return of a devaftavit, ...Haberi facias poffel- fionem in ejectment, 199...The like
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