last, he this deponent did personally serve the defendant C. D. with a writ of exccution of a decree made in this cause, bearing teste the day of last past, by shewing the said writ under seal of the said Court unto the said defendant, at his house in, &c. at the same time delivering unto him a true copy thereof; by which decree and writ the defendant was commanded to deliver possession of the premises in question in this cause, and of all deeds and writings in his custody, or power relating thereto, to the complainant A. B. [and at the same time the plaintiff in this cause, then being present did require the said defendant to deliver possession of the said premises, and such deeds and writings to him, which he refused to do,] nor hath he since done the same to this deponent's knowledge or belief.

No. 83.

Order for Injunction to deliver Possession of Lands.

Upon reading and filing an affidavit of A. B. whereby it appears, that the defendant C. D. [who is in possession of the lands in question in this cause] was served with a writ of execution of the decree to deliver possession in this cause, or, [with a copy of the order to deliver possession in the cause,] and that the plaintiff required him to deliver possession which he refused, and upon reading the said decree, [or order] and upon motion of, &c. it is thereupon ordered, that a writ of injunction be awarded against the defendant C. D. to deliver possession of the said lands.

No. 84.

Injunction to deliver possession of Lands pursuant to Decree.

The people of the State of New York, &c. To C. D. &c. Greeting:-Whereas it has been represented to us in our Court of Chancery in a cause wherein A. B. is complainant, and you the said C. D. are defendant, that by the decree in this cause, or, [an order made in this cause dated &c.] it was ordered, [follow decree] that you should deliver possession of the premises in question, and all deeds and writings in your custody or power relating thereto, to the complainant; that you the said defendant, who are in possession of the premises in question, were served with a writ of execution of such decree [or, a copy of such order] and have been required to deliver possession of the said premises, which you refuse to do; and that thereupon it was ordered, that an injunction be awarded against you the defendant to enjoin you to deliver possession of the said messuage and lands, to the said complainant, pursuant to such decree. We therefore in pursuance of the premises, do strictly enjoin and command you the said defendant C. D. under the penalty of one thousand pounds to be levied upon your lands, goods and chattels, to our use, that you do deliver the possession of the said lands and premises, and of every part and parcel thereof, to the said complainant A. B. pursuant to the said decree: And hereof fail not to your peril.

Witness, JAMES KENT, &c.

No. 85.

Writ of Assistance.

The people of the State of New York-To the sheriff of the city and county of New York, Greeting. Whereas C. D. of, &c. by our writ of injunction issuing out of our Court of Chancery, in pursuance of a certain order made in our said Court, in a cause between A. B. complainant, and the said C. D. defendant, dated the day of was commanded and enjoined, that he should deliver up the possession of the lands and tenements in question in this cause to A. B. the said complainant, according to a certain decree or order in our said

Court lately made and rendered, dated the day of Now since it has been shown to us in our said Court, that the said C. D. has refused to obey the command in our said writ of injunction contained; Know you that in pursuance of an order made in our Court of Chancery between the parties aforesaid on the day of We have given and by these

presents do give you full power and authority immediately after the reception of this writ, and do hereby command you to go and enter into and upon the premises in our aforesaid decree mentioned and expressed, and known and described as follows, to wit:-All, &c. &c. and that you eject and amove therefrom all and every person or persons holding possession of the same against the tenor of the said decree, and our writ of injunction aforesaid. And that you put and establish the above named complainant, or his assigns in full and peaceable possession of the said premises; and that you from time to time, as often as shall be necessary, preserve and defend the said complainant, his heirs and assigns in such possession of the aforesaid premises, against all force and interruption whatsoever according to the true intent and meaning of our decree and writ of injunction aforesaid. Witness, &c. &c.

No. 86.

Notice of Motion for the Payment of Money into Court, upon

[Title of cause.]

Sir:

Admission.

of

day

Take notice, that I intend to move this Honorable Court on the next at ten o'clock in the forenoon, or as soon hereafter as counsel can be heard, at the Capitol in the city of Albany, for an order that the above named defendant may, on or before the day of next, pay into the hands of the register of this Court, in trust in this cause, the sum of $- —, admitted by the answer of the said defendant to be due from him; and that the same, when paid in, may be deposited in trust by the register in such bank, or invested by him in trust in such manner as this Court shall direct, with costs. And for such further, or for such other order to relief as the Court may think proper to grant; which motion will be founded on the bill and answer in this cause.

Dated Dec. 5th, 1843,

To W. N., Esq.

Sol. for def.

Yours, &c.

J. E., Sol. for compt.

INDEX

OF

PRINCIPAL MATTERS

CONTAINED IN THE TEXT.

ABATEMENT, 158-Vide PROCEEDINGS AT LAW.

ABRIDGMENT,

Copyright in, 327.

ACCEPTOR.-Vide SURETIES.

ACCIDENT,

General doctrine as to, 15.

ACCOUNT,

General doctrine of, 51.

Of mines and timber, 255.

Injunction where no account.

ACT OF GOD,

Waste from, 187.

ACTING,

Not a publication under the statute of Anne, 320.

Injunctions to restrain, ib.

ACTION OF WASTE, 197.

ADDITIONS,

Copyright in, 326.

ADMINISTRATION OF ASSETS,

Injunction after decree for, 54.

ADMINISTRATOR,

Restrained from collecting assets, 323.

ADMIRALTY, COURTS OF,

Injunctions to stay proceedings in, 171.

AFFIDAVITS,

To extend injunction to stay trial, 108.

When read in contradiction to answer, 136.

When not, 136.

When read by defendant, 385.

OF TITLE,

In copyright, 334.

1252

ASSIZES,

Trial not stayed just before, 113.

ATTACHMENT.-Vide PROCEEDINGS AT LAW-POSSESSION.

ATTORNEY AT LAW,

Service upon, 78.

ATTORNEY AND CLIENT,

General doctrine respecting, 32.

ATTORNEY-GENERAL,

Whether information by, necessary in cases of private nuisance, 267.

Proceedings against, 99.

BANK OF ENGLAND.-Vide TRANSFER OF STOCK-SPECIAL INJUNCTIONS.

BANKER,

Bill of interpleader by, 395.

BANKRUPT,

Whether injunction dissolved before his answer, 160.

Whether he would be restrained after sale of trade from setting up again, 396.

Injunction against where vexatiously disputing his commission, 416.

BANKRUPTCY,

Whether an abatement, 160.

BARON AND FEME.-Vide HUSBAND-SPECIAL INJUNCTIONS.

BARRETRY,

Injunction in case of, 416.