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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

in the

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.

John Doe, and

Richard Rot. } Pledges, &c.

P. R. Att'y. &c.

A.

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.

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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 a

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-

per.

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W

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.

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-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.

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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.

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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.

C.

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.

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Cognovit actionem, in debt, or affump.

fit, 171.-The like, relicta verifica-
tione, 172..

Challenge, to the array of the penal of

a jury, 255.

Commitment, fee Mittimus.

Complaint, form of, to obtain a fearch

warrant, 236.

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,

211...14.

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

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

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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.

E.

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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.

upon a

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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