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before me E. F. and G. H., to me well known to be the individuals described in and who executed the foregoing undertaking, and severally acknowledged that they executed the R. P., Commissioner of Deeds.

same.

No. 65.

Injunction by Order.

It appearing satisfactorily to me by the affidavit of A. B., the plaintiff, [or of G. H., agent for the plaintiff] that sufficient grounds therefor exist: I do hereby order that the defendant [naming him or them, if any particular one or more] do refrain from cutting, destroying, or in any way disposing of any wood or timber now standing or growing upon that certain farm of land lying and being in the town of White Plains, and county of Westchester, [decribe premises] [or from committing any destruction of waste upon said premises,] [or from the building and erection of any house, store or other building against the premises of the plaintiff, or in any manner obstructing the windows and light of the said plaintiff,] until the further order of this court, and in case of disobedience to this order, you will be liable to the punishment thereof prescribed by law. Dated, &c.

No. 66.

J. K. Justice, or

L. M., County Judge.

Undertaking for Injunction against a Corporation. [Title of the cause.]

Whereas, A. B. has applied for an injunction to suspend the general and ordinary business of the defendant, which is a corporation. Now, therefore, we, I. N., of, &c., merchant, and L. P., of, &c., farmer, undertake that the plaintiff shall pay all damages, not exceeding the sum of [one thousand dollars] which such corporation shall sustain, by reason of the injunction, if the court shall finally decide that the plaintiff was not entitled to such injunction. Dated, &c.

I. N.

L. P.

[Title of cause.]

No. 67.

Affidavit of Sureties annexed.

Wayne county.-I. N., of, &c., and L. P., of, &c., being each duly sworn, doth each for him. self depose and say, that he is a householder (or freeholder of the state of New York, and is worth the sum of [one thousand dollars] over and above all debts and responsibilities he owes or has incurred.

Sworn &c.

I. N.

L. P.

No. 68.

Approval of Judge endorsed.

I approve of the within undertaking, as to its form and manner of execution, and do cer

tify that each of the persons named therein as sureties, is worth the sum of [one thousand dollars,] over and above all debts and responsibilities he owes or has incurred.

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Take notice, that I shall move this court, at a special term thereof, to be held at the City Hall, in the city of Albany, on the last Tuesday of October next, at the opening of the court, for an order dissolving [or modifying] the injunction granted and served in this action, or for such other relief as the court may grant, which motion will be founded upon the complaint and answer in this cause.

Dated, &c.

Yours, &c.

No. 70.

G. H., Deft's Att'y.

Order Extending Injunction to Stay Trial.

It having been ordered by this court on the 20th day of April 1850, that an injunction should issue, staying the defendant's proceedings at law, for, and touching any of the matters there in question, until, &c.; and it now appearing unto this court by the affidavit of the plaintiff, that if the defendant shall answer all the matters in the plaintiff's bill contained, the said answer will contain matter very material to the plaintiff upon the trial of the action at law, and that the plaintiff cannot safely proceed to a trial of the said action, without a discovery of the matters or things in the said bill mentioned, and which discovery the plaintiff expects the said answer when put in will contain. It was therefore prayed, &c. Whereupon, and upon hearing the said affidavit of the plaintiff A. B. and Mr. C. of counsel for the defendants, it is ordered that the injunction issued in this court, extend to stay trial. Dated, &c.

No. 71.

Order Nisi to Dissolve Injunction.

The plaintiff having obtained an injunction to stay defendant's proceedings at law till answer and other order to the contrary. Upon motion of defendant's counsel, alleging that defendant has since put in a full and perfect answer to the plaintiff's bill, and thereby denied the whole equity thereof, and praying that the said injunction may be dissolved; it is therefore ordered that said injunction be dissolved, unless the plaintiff's counsel having notice hereof, do, on the first Monday of March next ensuing, or as soon thereafter as counsel can be heard, show unto this court, good cause to the contrary.

Dated, &c.

No. 72.

Order Enlarging Time to show cause against Dissolving Injunction.
It having been ordered by this court on the 15th day of February 1850, that the injune-

tion staying defendant's proceedings at law, till answer and other order to the contrary, should be dissolved, unless, &c. Now upon motion of Mr. A. of plaintiff's counsel that plaintiff is not prepared to show cause against the said order, it was prayed that the time for plaintiff's showing cause against the said order be extended to the first Monday of April next ensuing, which is ordered accordingly; but the plaintiff is required then to show cause on the merits.

Dated, &c.

No. 73.

Order Dissolving Injunction, made Absolute.

It having been ordered by this court on the 2d day of April 1850, that the injunction &c., should be dissolved, unless plaintiff's counsel having notice thereof, did show cause to the contrary. Upon motion of defendant's counsel, alleging that due notice had been given of the said order to the plaintiff's counsel, as by affidavit appeared, and that no cause had been shown to the contrary thereof, as by the clerk's certificate also appeared, it was therefore prayed that the said order may be made absolute, which is ordered accordingly. Dated, &c.

No. 74.

Order Dissolving Injunction on the Merits.

It having been ordered by this court on the 8th day of June, 1850, that the injunction staying defendant's proceedings at law, till answer and other order to the contrary, should be dissolved, unless, &c. Now upon motion of Mr. A. of plaintiff's counsel, and upon hearing Mr. B. of counsel for defendant, it is hereby ordered that said injunction be dissolved. Dated, &c.

that on the

No. 75.

Petition for Order to restrain Waste.

To [the chancellor, or any circuit judge, or supreme court commissioner. or first judge of the county courts of the county of ] The petition of A. B. respectfully showeth, day of, &c, your petitioner became the purchaser under an execution issued against the goods and chattels and real estate of C. D. upon a judgment obtained against him in the court [state the court,] in favor of E. F. and your petitioner received from the sheriff of (who made such sale upon the said execution,) the usual certificate, [it may, perhaps, be well to add these words, "and a copy of which certificate is hereto annexed.] That the said C. D. is still in the possession of the said premises so sold, (the time for redeeming the same not having yet expired,) and hath since the time of such sale to your petitioner committed waste thereon, [or, "hath threatened," or, "made preparations to commit waste thereon,"] that is to say, [here state if waste has been committed, what the particular acts of waste are.] Wherefore your petitioner applies to your honor for an order restraining the said C. D. from the commission of any (further) waste upon the said premises. Dated, &c. A. B.

Atty.

[Subjoin an affidavit of the truth of the petition.]

No. 76.

Order restraining Waste.

By [the chancellor, judge or other officer to whom the petition is addressed.] Whereas, A. B. hath applied to me by petition, setting forth that [here state the facts set forth in the petition,] and I being satisfied by due proof that such waste has been actually committed by the said C. D. [or that the same has been threatened, or that preparations for committing it have been made by the said C. D.] in the manner set forth in the said petition, I do therefore hereby order and direct, that the said C. D. be restrained and prohibited from the commission of any waste on the premises herein described. Given under my hand and seal, at, &c. on &c.

No. 76, a

[Signature and seal of the officer.]

Complaint of the violation of such Order.

To [as before] I hereby complain to your honor that C. D, named in the annexed original order of your honor, and a copy of which has been duly served on him, as will appear from the affidavit annexed, hath committed waste in violation of such order, and since the service thereof on the said C. D. to wit, the said C. D. hath [here state the acts complained of.] Wherefore your petitioner prays your honor to issue a warrant to be directed to the sheriff of commanding him to commit the said C. D. to close confinement for such term of time not more than a year, as your honor shall deem expedient. Dated, &c.

Atty.

[Subjoin affidavits of the truth of this application.]

No. 77.

A. B.

Notice to show Cause.

By [the officer, &c. as before.] Ordered, that C. D. appear before me, at, &c. on, &c. to show cause why the prayer of A. B. contained in his application to me, a copy whereof is hereto annexed, should not be granted. Dated, &c. [Affidavit must be made of the service of this notice.]

No. 78.
Warrant.

[Signature.]

By [the officer, &c. as before.] Whereas heretofore, to-wit, on, &c. at, &c. A. B. presented a petition to me, setting forth that [recite the original petition;] and whereupon I made an order, in which, after reciting the facts aforesaid in the said petition set forth, and being satisfied by due proof that such waste [then recite the rest of the order;] and which order was duly served on the said C. D.: And whereas since the service of the said order the said A. B. hath complained to me that [state the complaint,] and which said complaint was verified before me by due proof, that is to say, by [here state the names of the witnesses, and the testimony they gave:] and thereupon I issued a notice, and which was duly served on the said C. D. directing him to appear before me, [state the notice and time and place, &c. to show cause:] And whereas on the day and at the place aforesaid in the said notice mentioned, no cause [or no "sufficient cause,"] was shown before me, why the said C. D. should not be committed as prayed for by the said A. B. as aforesaid, and having satisfactory proof that the said C. D. did violate my order as aforesaid, that is to say, [here state the facts showing such violation, [I did deem it expedient, and did adjudge that the said C. D. should be committed to close confinement for the space of [here insert the days, weeks or

months of confinement:] Now therefore, by virtue of the statute in that case made, I do, in the name of the people of the state of New-York, command and strictly enjoin the sheriff of to commit the said C. D. to close confinement in the jail of the said county, there to remain without bail or mainprize, and without allowing him the liberties of the said jail, for and during the space of [insert the time.] Given under my hand and seal, at, &c. on, &c. [Signature and seal of the officer.]

No. 79.
Bond.

Know all men by these presents, that we, [in the usual form: penalty, as the officer may require; obligors, the offending party and sureties; obligee, the complaining party.] The condition of this obligation is such, that if the said C. D. shall not commit any waste of or upon [here describe the land, &c.] then, &c. otherwise, &c. Sealed and delivered

in presence of,

[Subscribing witnesses.]
(Endorsed)

[Signatures and seals of obligors.]

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Order to deliver Possession of Mortgaged Premises sold by a Master in

pursuance of a Decree.

"It is ordered that the said E. T. one of the defendants, in this cause, on being served with a certified copy of this order, forthwith deliver up to the said J. B. the mortgaged premises mentioned and described in the pleadings and decree in this cause, and in the deed executed by the master to the said J. B., in pursuance of the said decree; and upon such service, accompanied with a demand of the said possession, and a refusal thereof, the said J. B. may apply for an injunction according to the course of the Court in such cases."

No. 81.

Writ of Execution of a Decree for Possession.

The people of the State of New York, &c.—To C. D. [and to all and every other person or persons whom the tenor of these presents doth concern:-] Whereas by a final decree and judgment made in our Court of Chancery, between A. B. complainant, and C. D. defendant, and bearing date the day of last past, it was among other things, ordered, adjudged, and decreed,-"That the said C. D. the defendant being in possession of the lands and premises in question in this cause, or any person who has come in under him pendente lite, should deliver possession of the same, and of all deeds and writings in your custody or power relating thereto, to the complainants in this cause.

Now we command you the said C. D. and all and every the persons above mentioned, that immediately after the receipt of this writ, you do deliver possession of the premises in *question in this cause to the said A. B. according to the tenor and effect of the said decree ; and hereof you are not to fail at your peril.

Witness, &c.

No. 82.

Affidavit, Service and Refusal.

[Title of cause.]

State of New York, ss.-W. M: of, &c. maketh oath and saith, that upon the

day of

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