No. 17.-Page 76.

NOTICE OF BILL FILED, ÀFFECTING LANDS.

In Chancery, (Title-ante, No. 13.)

To all whom it may concern.-Take notice, that a bill has been filed, and is now pending in the court of chancery of the state of New-York, wherein the above named M. E. K. is complainant, and I. T., &c., defendants, for the purpose of setting aside a conveyance executed by M. E. K., of the city of New-York, spinster, to I. T., of the same place, merchant, dated the day of of certain lots and parcels of ground lying in the city and county of New-York, and described as follows, to wit: "All," &c.

Dated, &c.

B. R., Sol. Comp.

No. 18.-Page 78.

PRAYER THAT THE DEFENDANTS BE Restrained, and for the writ of INJUNCTION IN A BILL.

(After the particular relief sought to be decreed, add :)-And that the said J. T., U. R., &c., their attorneys, officers, and agents, may be restrained by an injunction out of this court from proceeding further against your orator, in the action herein before mentioned as commenced against him, and now at issue in the superior court of the city and county of New-York, for the recovery of such pretended balance or amount; and also from instituting or proceeding upon any new or other action at law upon the subject matter of such pretended balance, or the claims or demands out of which the same is alleged to arise; and that your orator may have such further relief, or may have such other relief in the premises, as shall be agreeable to equity. May it please your honour to grant unto your orator, the people's writ of injunction, issuing out of and under the seal of this court, directed to the said J. T., U. R., their counsellors, attorneys, solicitors, and agents, commanding them, and each of them, absolutely to desist and refrain from proceeding further against, (as above.)

Note.-The above will show the formal parts of the prayer; it will of course vary in substance, according to the circumstances of each case.

before me personally appeared the above named A. B., and made oath that he has read the above [bill,] [plea,] [answer,] [petition,] subscribed by him, (or

has heard it read,) and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters which are therein stated to be on his information or belief, and as to those matters he believes it to be true.

No. 20.-Pages 79 and 96.

JURAT TO A BILL BY A CORPORATION.

State of New-York,

ss.

City and County of New-York, J. F., of the city of New-York, being duly sworn, saith that he is now, and for some years past has been, the cashier of the Mechanics' Bank in the city of New-York, the corporation in the foregoing bill named, and the complainants therein; that by means of his office of cashier, he has acquired and possesses, as he verily believes, greater and more particular knowledge of and relating to the matters of the said bill, and the facts therein stated, than the president, or any or either of the members of such corporation, (a knowledge of such matters appertaining peculiarly to the province of the deponent as such cashier;) that he has read the said bill subscribed by him, and that the same is true of his own knowledge, except as to the matters which are therein stated to be on the information and belief of the complainants, and as to those matters he has been so informed and believes it to be true.

No. 21.-Page 79.

JURAT BY AN ATTORNEY IN FACT.

e State of New-York,

City and County of New-York, SS. M. H., of, &c., being sworn, saith, that T. V., the complainant in the foregoing bill of complaint, is now, as this deponent verily believes, absent from the city of New-York, viz. on a voyage to, or in the kingdom of Great Britain, he having left the city of New-York for Liverpool, in such kingdom, on or about the day of last past; that this deponent is the attorney in fact of said T. V., for the purpose of suing for and recovering the sum of money mentioned in such bill of complaint, by virtue of a power of attorney under seal, for that purpose duly executed and delivered; that this deponent has read such bill of complaint, and knows the contents thereof; and that this deponent has information as to all the matters stated therein, and from such information believes such matters to be therein truly stated, and such bill to be true.

No. 22.-Page 81.

CERTIFICATE FOR AN INJUNCTION.

xix

I certify that I have perused the within bill, and am of opinion that an injunction should be issued, (pursuant to the prayer thereof,) and do allow the same to issue accordingly.

October 29, 1831.

A. O. D.

Master in Chancery.

No. 23.-Page 81.

ORDER FOR INJUNCTION.

(Title-ante No. 13.) At, &c. (ante, No. 13.) On filing the bill of complaint in this cause, and the certificate of A. O. D., the injunction master of the first circuit, thereon endorsed, allowing an injunction, pursuant to the prayer thereof, on the complainant, [pursue terms of allowance,] and the said complainant having this day filed the bond, &c., as required in such certificate, it is, on motion of, &c., ordered, that an injunction issue pursuant to the prayer of such bill and the said allowance; (and further that it be inserted in such injunction, that the defendant to this bill, J. K., be at liberty to proceed to judgment at law, without prejudice to the equitable rights of the complainant, notwithstanding such injunction.)

No. 24.-Page 81.

WRIT OF INJUNCTION.

The People of the State of New-York, to A. B., and to his counsellors, attorneys, solicitors, and agents, and each and every of them, greeting:

Whereas, it has been represented unto us in our court of chancery, on the part of C. D., complainant, that he has lately exhibited his bill of complaint in our said court of chancery, before our vice-chancellor of the circuit, against you, the said A. B., to be relieved touching the matters therein complained of; in which bill it is stated, among other things, that you are combining and confederating with others to injure the said complainant, touching the matters set forth in the said bill, and that your actings and doings in the premises are contrary to equity and good conscience: We, therefore, in consideration thereof, and of the particular matters in the said bill set forth, do strictly command you, the said A. B., and the persons before mentioned, and each and every of you, under the penalty of ten thousand dollars, to be levied upon your lands, goods, and chattels to our use, that you do absolutely desist and refrain from all further proceedings at law against the said C. D., upon, &c. (or as the case may be) until the further order of our said court of chancery. [If the defendant is permitted to proceed to judgment, agreeably to

the 33d rule, add,]-But you are at liberty, without prejudice to the equitable rights of the complainant, to proceed to judgment only in the suit at law which you have commenced against the said C. D., notwithstanding this our writ.

Witness, REUBEN H. WALWORTH, Esquire, chancellor of our said state, on the first day of January, one thousand eight hundred and thirty. GEORGE THROOF, Clerk.

J. C. SPENCER, Sol.

(Endorsed) "By the Court."

GEO. THROOP, Clerk.

No. 25.-Page 82.

NOTICE TO CORPORATION ACCOMPANYING INJUNCTION AND SUBPOENA.

(Title.)

Sir-Take notice, that the mayor, aldermen and commonalty of the city of New-York, are made parties to the above suit, only to prevent a payment by them to J. W. W., or to the executors of E. D., deceased, or to his or their order, of the sum of twenty-two hundred dollars, awarded by the commissioners for opening Fifth-street to said J. W. W., and that no appearance or answer of the said the mayor, aldermen, and commonalty is required in said suit. New-York, June 26, 1832. M. H., Sol. Compl.

To the Hon. WALTER BOWNE, Mayor, &c.

Sir. Take notice that an injunction, of which the within is a copy, has been duly served on his honour the mayor. Your obedient servant,

To G. B. S., Esq., Street Commissioner.

M. H., Comp. Sol.

No. 26.-Page 83.

STATEMENT OF BILL WHERE ANSWER IS REQUIRED TO AID AN ACTION.

And your orator further shows, that he has been advised by his counsel, and verily believes, that he cannot safely proceed to trial at law without a discovery from the defendant of the several matters contained in this bill; that such matters are within the knowledge of the defendant, and that a discovery of them is requisite. And further, that your orator verily believes, that the answer of the said I. T. would furnish discovery material to the defence of such suit at law, and that your orator has not the means of obtaining evidence of such facts without such discovery. And your orator further shows, that he has applied to the defendant J. T., to give your orator information as to the matters contained in this bill of complaint, or to admit the facts of which a

discovery is herein sought, and that such defendant hath wholly, and without sufficient excuse, refused so to do.(1)

No. 27.-At Pages 80. 85. 87.

CERTIFICATE OF INJUNCTION Officer, where SECURITY IS REQUIRED, OR MONEY DEPOSITED.

Under 31st Rule.-I certify that I have perused the within bill, and am of opinion that an injunction should issue, (pursuant to the prayer thereof,) and do allow the same to issue accordingly, upon the complainant filing with the assistant register of this court, a bond this day entered into by him, (with A. B. and C. D. as his sureties,)(a) to the defendant I. T., pursuant to the 31st rule of this court, on which bond I have endorsed my certificate of approval.

Under the 33d rule.—(As above, to "issue accordingly;")—and I direct that a provision be inserted in such injunction, that the defendant to this bill, J. R., be at liberty to proceed to judgment at law in the suit in said bill mentioned, without prejudice to the equitable rights of the complainant, notwithstanding such injunction.

Under the 139th section of the statute.-As above, to word "bond,”—this day executed by him with A. B. and C. D. as his sureties, to J. K, the plaintiff, in the action at law mentioned in such bill, pursuant to the statute, on which bond I have endorsed my certificate of approval.

Under the 140th section.-Upon the complainant depositing with the assistant register of this court the sum of $ , being the amount of the verIdict recovered in the cause mentioned in said bill, with the costs.

Under the 141st section.-Upon the complainant depositing, &c. (as above) and also filing, with the said assistant register, a bond, this day executed by him with A. B. and C. D. as his sureties, to J. K. the plaintiff, in the judgment mentioned in such bill, pursuant to the statute, on which bond I have, &c.

(a) Note.-The officer may take the party's bond with one surety or two in his discretion. But, under the sections of the statute, there must be two sureties.

No. 28. At Pages 80. 85. 87.

BOND FOR SECURITY ON INJUNCTION BILL.

Know all men by these presents, that we, J. K., of the Village of Brooklyn, County of Kings, and State of New-York, and C. H. and J. D., of the same

(1) Seymour v. Seymour, 4 Johns. C. R. 411. Appleyard, v. Seton, 16 Vesey, 223. White v. Steinwacks, 19 Vesey, 83., overruling the former cases. Hartley v. Hobson, 2 Cox's Ca. 117, and Farrar v. Lewis, Dickens, 729. I do not find, however, that the particular points or facts of the discovery sought must be specified, as insisted upon by counsel, in these last cases. As to the last clause, see King v Clark, 3 Paige, 76.