place, are held and firmly bound unto M. I., of Brooklyn aforesaid, widow, in the sum of $4,000, lawful money of the United States of America, to be paid to the said M. I., her executors, administrators, or assigns. For which payment, well and truly to be made, we bind ourselves jointly and severally, and our respective heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated the 2d day of January, in the year of our Lord, 18.

Whereas the said M. I. hath commenced her suit against the said J. K., by filing her declaration in assumpsit, pursuant to the statute in such case made and provided, in the supreme court of judicature of the people of the state of New-York, which said suit has been referred, and is now pending and undetermined before the referees appointed therein; and whereas the said J. K. hath filed his bill of complaint against the said M. I., in the court of chancery of the state of New-York, praying, (among other things,) as well to have his account allowed and settled by the said M. I., as for an injunction to stay the further proceedings in the said suit at law. [And whereas also, after the issuing of the said injunction, at a court of chancery held for the state of New-York, on the 24th day of December, 18 before William T. M'Coun, vice-chancellor of the first circuit, on reading and filing the petition of the defendant in that cause in chancery, with the accompanying affidavits, praying that the penalty of the bond, filed by the complainant to authorize the issuing of the injunction, in said cause, might be enlarged; and, upon hearing the counsel of the respective parties, it was ordered, that the said complainant file, with the clerk of said first circuit, a new bond, with sufficient sureties, pursuant to the statute in such case made and provided, in the penal sum of four thousand dollars, within ten days, or, in default thereof, that the injunction issued in said cause be dissolved, and that it be referred to W. V., Esq., injunction master, to take said bond, as by reference to the said order will appear. And whereas also, the above bond is made and executed under and pursuant to the said order of the said court, in the place and as a substitute for the former bond, heretofore made and executed by the said J. K., complainant, and C. H., as surety, on the granting of the injunction against the said M. I.]

Now, therefore, the condition of the above obligation is such, that if the above bounden J. K. and C. H. and J. D., their executors, administrators, or any of them, shall, and do well and truly pay, or cause to be paid, to the said M. I., her executors, administrators, or assigns, all money which may be recovered by the said M. I., or her legal representatives, in the aforesaid action at law, in the said supreme court, for damages and for costs therein, and shall also pay such costs as may be awarded to the said M. I. by the court of chancery, on the bill filed by the said J. K., as aforesaid, then the above obligation to be void, otherwise to be and remain in full force and virtue.

I

approve of the foregoing bond, both as to its form and manner of execution.

January 2d, 1834.

W. V. Master in Chancery.

City and County of New-York, ss. C. H., the obligor, named in the foregoing bond, being duly sworn, doth depose and say, that he is a housekeeper, and is worth the sum of ten thousand dollars, over and above all just debts, and all liabilities and responsibilities which he has incurred.

Sworn this 2d day of
Jan. 1834, before me,

W. V.

Master in Chancery.

No. 29.-Page 93.

PRAYER FOR A NE EXEAT IN BILL OR PETITION.

(In a bill.)—After the prayer for special relief—" And that the said defendant may be stayed by the people's writ of ne exeat respublica, from departing out of the jurisdiction of this court. And that your orator may have such further relief," &c. (General prayer, ante, No. 2, fol. 39.) May it please your honour to grant unto your orator the people's writ of ne exeat respublica, staying the said I. T. from departing into parts beyond this state, and out of the jurisdiction of this court, without leave first had.

Note.-It will be observed, that if the bill is originally framed for a ne exeat, and is sworn to for the purpose of obtaining it, it must contain all the substantive allegations which are necessary in the affidavit, upon which the writ is always obtained in England, and here, when applied for, without being sought in the bill. See the form of the affidavit, next precedent, No. 30.

If a petition is resorted to, the affidavit will be a guide in framing it.

N. G., the above named complainant, being duly sworn, saith, that the said S. P. formerly entered into an agreement with this deponent to fit out and put a cargo on board of a certain vessel, called the Mary, for a voyage from the city of New-York to the island of Jamaica, and from such island, to the town of Boston, in the state of Massachusetts. That accordingly, such vessel was engaged and fitted out, and a cargo put on board; and that the said defendant S.P. went out as master and supercargo of such vessel and her cargo, and with full power to dispose of the same. That the said S. P. proceeded to the said is land of Jamaica, and there sold and disposed of the cargo of such vessel, and with

(1) It is most usual to put the facts in the shape of a petition.

the proceeds thereof purchased a quantity of rum and sugar, and loaded the vessel with the same, and therewith proceeded to the town of Boston aforesaid, where he sold and disposed of such cargo, and received the proceeds thereof. And further this deponent saith, that the said S. P. has rendered to this deponent sundry accounts of his transactions and dealings in and about such adventure, and the avails and proceeds thereof, and this deponent has also rendered to the said S. P. divers accounts relating to the same, which have been acquiesced in and agreed to by the said S. P. And this deponent saith, that upon such account respectively it appears, that the said S. P. is justly indebted to this deponent in the sum of $2000, by the admission of the said S. P. But this deponent says, that such accounts rendered by the said S. P. are, in several respects, erroneous, and contain divers improper and over charges against such adventure and this deponent, and have omitted divers proper credits to be given in account with the same. And this deponent verily believes, that upon a fair and just account to be made up, stated and settled, between this deponent and the said S. P., in relation to such adventure and transactions, he, the said S. P., would be found justly and truly indebted to this deponent in the sum of $3000., lawful money of the United States, for which debt, or sum of money, this deponent hath not received any security or satisfaction. And this deponent further saith, that he hath lately filed his bill in this court against the said S. P., setting forth the premises fully and at large, and specifying various errors, overcharges, and omissions in such accounts rendered by the said S. P., and praying that an account may be truly settled and stated under the direction of this court, and that this deponent may be paid the balance which shall be found due thereupon. To which bill of complaint the said S. P. has appeared, but has not answered the same. And this deponent further saith, that the said S, P. has declared his intention to leave the state of New-York, and to proceed to England, where he intended to settle and reside, and that the said S. P., on or about the day of last, informed one S. K. to that effect, as by the affidavit of the said S. K. appears, And this deponent verily believes, that if the said S. P. goes out of the state of New-York, according to his intention, he will not return; and thereby this deponent will be in great danger of losing his said debt. [Clymer v. Strode, 2 Turn. Prac. 49.] See also Eq. Draft, 2d ed. p. 524, N. Y. ed.

No. 31.-Page 102.

ORDER FOR SUBPOENA TO ISSUE.

(Title, No. 13.)

At, &c. (See ante, No. 13.) On filing the complainant's bill of complaint in the above entitled cause, and on motion of Mr. R., solicitor for the complainant, it is ordered that a subpoena issue out of and under the seal of this court agreeable to the prayer of said bill.

No. 32.-Page 103.

SUBPOENA.

The people of the State of New-York to A. B., greeting:

We command you that you personally appear before our chancellor, (or our vice-chancellor, of the circuit,) in our court of chancery, on the day of

next, wheresoever the said court shall then be, to answer to a bill of complaint exhibited against you in our said court by C. D., and to do further and receive what our said court shall have considered in that behalf; and this you are not to omit under the penalty of two hundred and fifty dollars. Witness REUBEN H. WALWORTH, chancellor of our said state, at the city of New-York, the first day of January, in the year of our Lord one thousand eight hundred and thirty.

B. F. B.,

Solicitor.

I. P., Register. Or, J. W., Clerk.

No. 33.-Page 103.

AGAINST A CORPORATION.

That you appear according to law and the course of practice in this court before our chancellor, &c.

(Title.)

No. 34.-Page 107, n.

NOTICE OF INTENDED APPLICATION FOR GUARDIAN AD LITEM.

Take notice, that unless a guardian ad litem is appointed for the infant defendants, P. V., W. V., and H. V., before Tuesday, the eleventh day of October next, the court will be moved on that day at ten o'clock in the forenoon, or as soon thereafter as counsel can be heard, to appoint a suitable person as the guardian for such infants.

Dated New-York, September 6th, 1831.

To C. V., mother of the above named

infants, and to P. V., and W. V., over

the age of fourteen years.

Y'rs., &c.

M. H., Sol. Comp.

No. 35.-Page 108.

PETITION THAT ATTORNEY OF The United States APPEAR, &c.

In Chancery,

To the Chancellor of the State of New-York. The petition of W. I., of the town of Oyster Bay, in the county of Queens, respectfully showeth :

That your petitioner did, on the twenty-eighth day of June last past, file his

bill in this honourable court against S. F. L., administrator of the goods and chattels, rights and credits, which were of D. R. L., deceased, and others, defendants, to procure a sale of certain premises mortgaged by the said D. R. L. to your petitioner, for the purpose of satisfying to your petitioner the amount secured to be paid on the said mortgage; that the said S. F. L. is a party defendant to the said suit, not only as administrator as above mentioned, but also in his own right as one of the heirs of the said D. R. L., and as such heir, entitled to an undivided share of the said mortgaged premises, subject to the said mortgage. That the United States of America having obtained divers judgments in the district court of the United States for the southern district of New-York, against the said S. F. L., which, or some of which, are now standing open and unsatisfied of record, those judgments are briefly set forth in your petitioner's said bill, and the same concludes with a prayer that R. T., the district attorney for the said United States for the southern district of NewYork, who is attorney on record in the said suits, may, upon being attended with a copy of the said bill, appear thereto for and on behalf of the said United States, and may put in an answer to the said bill for and on their behalf. And your petitioner further showeth, that a copy of the said bill hath been duly served on the said district attorney, as by the affidavit hereto annexed may particularly appear; but that the said district attorney has not caused his appearance to be entered for the said United States of America, conformably to the prayer of the said bill.

Your petitioner, therefore, respectfully prays, that your honour will be pleased to appoint a short day for the said district attorney to cause his appearance for the said United States of America to be entered to the said bill; and an answer thereto, to be filed for and on their behalf, according to the prayer of the said bill; and in default thereof, that the said bill be taken as confessed by the said district attorney.

And your petitioner will ever pray, &c.

Dated, &c.

W. T.

By D. S. JONES, his Solicitor.

Affidavit.

In Chancery, (Title.)

City and county of New-York, ss. G. W., of the said city, student at law, being duly sworn, deposeth, that he did, on the seventeenth day of July instant, serve a true copy of the bill of complaint filed in the above entitled cause, on R. T., Esq., district attorney of the United States of America for the southern district of the state of New-York, by delivering the same to the said R. T. in person; and further this deponent saith not.

Sworn this

July,

day of before me S

G. W.