to the matters aforesaid, or any of them; or wherein, or whereupon there is any note, memorandum, or writing, relating in any manner thereto, which now are, or ever were in their, or either, and which of their possession or power, and may particularly describe which thereof now are in their, or either, and which of their possession or power, and may deposit the same in the hands of the register of this court, for the usual purposes; and otherwise, that the said defendants may account for such as are not in their possession or power.

In Chancery,

No. 8.-Page 54.

PETITION OF INFANT FOR A NEXT FRIEND.

Before the Chancellor. (1)

To the Chancellor of the State of New-York.

The petition of M. E. K., an infant, under the age of twenty-one years, viz., of the age of fifteen years and upwards, respectfully showeth :

That it is intended to bring a suit in this honourable court, by and on behalf of your petitioner, as sole plantiff, against A. T., J. T., &c., [names of the intended defendants.] Your petitioner therefore prays, that W. B., of the city of New-York, merchant, may, by an order of this honourable court, be appointed to appear as next friend of your petitioner in such suit, he having given his written consent thereto.

And your petitioner, &c.

M. E. K.

I hereby consent to be next friend of M. E. K., the above named infant petitioner, and to appear as such in the suit above mentioned, intended to be brought in this court.

Dated, &c.

W. B.

No. 9.-Page 54.

ORDER FOR APPOINTMENT.

In Chancery,

Before the Chancellor, (2)

In the matter of the petition

of M. E. K., an infant.

The petition of M. E. K., an infant, and the consent of W. B. in writing, having been this day exhibited to me, and the said W. B. having personally appeared before me, and duly acknowledged that he signed and executed such written consent, [or, and it having been duly proven to me by the oath of A. B., that the said W. B. signed and executed such written consent,] I do hereby order, pursuant to the statute in such case provided, that the said W. B. be, and he is hereby appointed, next friend of the said M. E. K., the infant petitioner,

(1) Or Vice-Chancellor of the circuit.

(2) Or Vice-Chancellor.

to appear as such in the suit intended to be brought in this court, against A. T., &c., [names] mentioned in such petition.

Dated, New-York, May

1831.

W. T. M'C., V. C. (or) A. B., Master Chan.

No. 10.-Page 55.

COMMENCEMENT OF BILL BY AN INFANT.

Complaining, showeth unto your honour, your oratrix, M. E. K., an infant, under the age of twenty-one years, that is'to say, of the age of seventeen years, or thereabouts, by E. M., of the city of New-York, merchant, her (relation and) next friend, that, &c.

Note-The bill proceeds as if the complainant was an adult. The next friend signs it.

No. 11.-Page 63.

COMMENCEMENT OF A BILL OF A MARRIED WOMAN BY A NEXT FRIEND.

Complaining, showeth unto your honour, your oratrix C., the wife of A. B., of, &c., by D. E., her next friend, that, &c.

I hereby consent that D. E. be and act as my next friend, in the prosecution of this suit.

Dated, &c.

No. 12.-Page 68.

PETITION TO SUE AS A PAUPER.

In Chancery,

Before the Chancellor.(1)

(Title of the cause,)

(or) In the matter of the petition

of M. E. K.

To the Chancellor of the State of New-York.

The petition of M. E. K., the above named complainant, showeth, That your petitioner hath lately filed [or is about to file] her bill in this court against the above named defendants, [or against I. T., A. T., &c.,] (names of the intended defendants,) for the purpose in substance of setting aside an alleged instrument of release executed by your petitioner to the said I. T., and for an account of the personal estates belonging to your petitioner, received by said I. T. and A. T., the former guardians of your petitioner, and for general relief. Your petitioner further showeth, that she hath a good and meritorious cause

of action against the said defendants as she is advised. But by reason of her poverty, as appears from her own affidavit annexed, she is utterly unable to prosecute her said suit, unless she is admitted to do so as a poor person.

Your petitioner therefore prays, that she may be admitted by rule or order of this court to prosecute her said suit as a poor person, and that B. R., Esq., may be assigned as her solicitor, and R. H., Esq., as her counsel.

And your petitioner, &c.

Affidavit subjoined.

M. E. K.

State of New York, ss. M. E. K., the within named petitioner, being duly sworn, deposeth and saith, that she, this deponent, is not worth twenty dollars, her just debts being first paid, except the wearing apparel and furniture necessary for herself and family, and except the subject matter of the suit or action mentioned in the foregoing petition.

(If the subject matter is land, or a specific chattel) add-"And further, that this deponent is not in possession of the subject matter of such suit."

Sworn, &c.

Certificate of Counsel.

M.E. K.

I have examined into the claim set forth in the foregoing petition, and am of opinion that the petitioner, M. E. K., has a good cause of action in the suit therein referred to.

Dated, &c.

R. H., of Counsel.

(These forms are framed from the statute and the English precedents in 1 Fowler's Ex, Pr., and 2 Harrison.)

Present, Reuben H. Walworth, Chancellor.

W. T. M'Coun, Vice-Chancellor, 1st circuit.(3)

(1) If before suit, as follows:

In the matter of the petition

of M. E. K. & I. K.

(2) Where the order is entered. Rule 10.

(3) Or, the Vice-Chancellor of the circuit where the order is entered.

Upon reading and filing the petition of M. E. K., praying to be admitted by rule or order of this court to prosecute the suit mentioned in such petition as a poor person, it is ordered that it be referred to D. C., one of the masters of this court, to examine, &c., (pursue the words of the 141st rule down to the words, "officers of this court," inclusive,)—and such master is to make his report with all convenient speed.

The report will pursue the order-stating the perusal of the bill, that it contains a ground of equity cognizable, and detailing such facts as have been proven before the master respecting the property of the petitioner, as he deems expedient. If he finds that the petitioner is entitled to prosecute as a poor person, and has reasonable grounds of suit, he is then to report the names of suitable person to be assigned as solicitor and counsel. (Rule 141.)

No. 14.-Page 69.

ORDER OF ADMISSION.

At, &c., (ante, No. 13.)

(Title, ante, No. 13.) Upon reading and filing the report of D. C., one, &c., bearing date, &c. [or, the report of D. C., one, &c., having been duly confirmed, upon reading the same,] and upon motion of, &c., it is ordered that M. E. K. named therein, (upon her filing with the assistant register of this court a bond to the people of this state, executed by herself, with two sureties to be approved of by D. C., one of the masters of this court, to pay and answer the cost of the defendants, if adjudged against her, down to the time of filing such hond,) be and is hereby admitted to prosecute the suit mentioned in such report and petition therein referred to, [or, the above suit,] as a poor person, and that B. R. be assigned to her as her solicitor, and R. H. as her counsel therein, as selected by the said

master.

No. 15.-Page 71.

BOND FOR FORMER COSTS.

Know all men by these presents, that M. E. K., of the city of New-York, spinster, I. E., of the same place, merchant, and T. B., of the same place, gentleman, are held and firmly bound unto the (1) people of the state of NewYork, in the sum of [one hundred dollars,] lawful money of the state of NewYork, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents. Sealed with our seal, and dated the, &c.

(1) In England, to the king. 1 Fowler's Ex. Pr. 487.

Whereas in and by an order of the court of chancery of the state of NewYork, bearing date the, &c., made in a cause depending in such court, wherein M. E. K. is complainant and I. T., &c., defendants, the said M. E. K. was admitted to prosecute such suit against the said defendants as a poor person, as by such order will more fully appear. Now the condition of this obligation is such, that if the above named M. E. K., the said complainant, shall well and truly pay, or cause to be paid unto the said defendants, I. T., &c., all such costs as shall be taxed and allowed to them respectively in the said cause, from the commencement of the said suit to the time of the admission of such complainant to prosecute in forma pauperis, in case the said complainant's bill shall be dismissed, or the said costs shall be otherwise adjudged to such defendants by any decree or order of this court, then this obligation to be void; otherwise to remain in full force and virtue.

Master's Approval.

(L. S.)

I certify, that I approve of the within bond, as to form, parties and execution; and that I. E. and T. B., the sureties therein named, appeared before me and justified under oath according to law, as appears by their affidavits hereto annexed.

City and county of New-York, ss. P. R., of the city of New-York, merchant, and I. B., of the same place, attorney at law, being severally duly sworn, depose and say—And first, the said P. R. for himself saith, that he is a householder and resident in such city;(1) and is worth the sum of $over and above all debts which he owes, and responsibilities and liabilities which he has incurred or assumed, and the said I. B. for himself saith, &c.

(1) The 172d rule does not in terms require this in the oath; but it directs the sureties to justify. At law bail upon justifying swear to this effect. The same is expressly prescribed in the statute relating to bonds on injunctions to restrain proceedings at law. 2 R. S. 109. See 3 Paige, 38.