remove all persons from the said premises, and put the said

in full possession thereof.

In witness, &c., [as in Summons to Remove.]

Affidavit of a Landlord to turn out a Tenant who has taken the Benefit of the Insolvent Act.

COUNTY, SS.

A. B., of in said county, being sworn, saith: That on or about the first day of May, in the year this deponent let and demised unto J. D., the house and lot belonging to the said A. B., in the town of in the said county, in which the said J. D. now resides, for the term of two years, at the yearly rent of one hundred dollars. And this deponent further saith, That since the letting of said premises by this deponent to the said J. D., and on or about the last, the said J. D. took the benefit of the insolvent act, and was discharged from his debts by D. V. N. R., a Supreme Court Commissioner in the said county, in pursuance of the 3d article of title 1 of chapter 5 of part 2 of the Revised Statutes, [or as the case may be.]

day of

Sworn, &c., [as in Oath of Holding Over.]

Complaint for Forcible Entry, etc.

COUNTY, SS.

at the

THE Complaint of D. S., of, in said county, to J. J., one of the Judges of the County Courts of said county, showeth : That J. D., of aforesaid, on the day of -, in the year town of, in the county of aforesaid, did unlawfully make a forcible entry into the lands and possessions of this complainant, to wit, the dwelling-house and appurtenances of this complainant, there situate, bounded, &c., [insert boundaries:] And then and there, with strong hand and with multitude of people, did violently, forcibly, and unlawfully eject and expel the complainant from hie said lands and possessions, where in this complainant had at the time aforesaid an estate of freehold, [or other estate as the case may be,] then and still subsisting. And that the said J. D. still doth hold and detain the said lands and possessions from the said D. S. unlawfully, forcibly, and with strong hand against the form of the statute in such case made and provided.

Witness, &c., [as in Notice to Quit by Landlord.]

Affidavit to accompany the Complaint.

COUNTY, SS.

D. S. being duly sworn, saith: That J. D., of, in said county, on the

day of

in the year

at the town and in tho

county aforesaid, did unlawfully make a forcible entry into this do ponent's dwelling-house, situate in said town, bounded, &c., [insert description,] and then and there, with strong hand and with multitude of people, did violently, forcibly, and unlawfully eject and expel this deponent from his said dwelling-house, and doth still unlaw fully, forcibly, and with strong hand, detain and hold the said dwelling-house, and the possession thereof, from this deponent. And this deponent further saith, That he had an estate of freehold in the said dwelling-house at the time of the said forcible entry and detainer, which then was and still is subsisting.

Sworn, &c., [as in Oath of Holding Over.]

Order to Summon the Jury of Inquiry.
COUNTY, SS.

To the Sheriff or any Constable of the county of
In the name of the People of the State of
, you are hereby
commanded to cause to come before me, at the house of, in
the town of in said county, on the day of -, instant,
twenty-four good and lawful inhabitants of the said county, duly
qualified by law to serve as jurors, to inquire upon their oaths for
the said People, of certain forcible entry and detainer unlawfully
made by J. D., as is said, into the dwelling-house of one D. S., in
the town of, in said county, against the form of the statute in
such case made and provided. And have you then there this order
In witness, &c., [as in Summons to Remove.]

То

Notice to the Person Complained of.

On the complaint of D. S., of the town of, in the courty of made to me, the undersigned, one of the Judges of the County Courts of said county, That you did unlawfully make a foreible entry into the dwelling-house of the said D. S., situate in said town, and bounded, [insert description,] and then and there, with strong hand and with multitude of people, did violently, forcibly, and unlawfully eject and expel the said D. S. from his said dweiling house, and do still unlawfully, forcibly, and with strong hand, detain and hold the said dwelling-house, and the possession thereof, from the said D. S.: I have this day issued my precept, directed to the Sheriff or any Constable of said county, commanding him to cause to come before me, at the house of -, in the town of in said county, on the day of instant, twenty-four good and lawful inhabitants of the said county, duly qualified by law to serve as jurors, to inquire upon their oaths of the said forcible ca try and detainer. Of all which you are hereby notified. Wituess, &c, las in Summons to Remove.]

Affidavit of Service of preceding Notice.

COUNTY, SS.

O. P. being sworn, saith: That on the day of ---, instant he served a notice, of which the annexed is a copy, on J. D., by de livering the same to him personally (or, by delivering the same on the premises in question to A. D., the son of said J. D. of the age of twenty years and upwards, because the said S. D. could not be found; o, by affixing the same on the front door of the house in question, there being no person on the premises; or, by affixing the same on a post at the principal entrance of said premises, being a public and suitable place, there being no house or person on said premises.)

Sworn, &c., [as in Oath of Holding Over.]

Juror's Oath.

You, and each of you, do swear, That you will well and truly inquire into the matters complained of by David Smith, against John Doe, concerning an alleged forcible entry and detainer of lands and possessions, and a true inquisition thereof will make. So help you God.

COUNTY,

Inquisition of the Jury of Inquiry.

AN inquisition taken at the house of in the town of in the county of on theday of in the year by the oaths and affirmations of P. Q., &c., [here insert the names of the jurors sworn or by whom the inquisition is signed,] inhabitants of said county, duly qualified to serve as jurors, before J. J. Esq., one of the judges of the county courts of said county, who say upon their oaths and affirmations aforesaid, That D. S., of the town of

aforesaid, merchant, long since had an estate of freehold in the dwelling-house, with the appurtenances, situated in the town of aforesaid, and bounded, &c.; and that the said D. S. was long since lawfully and peaceably possessed thereof; and that his said estate and possession so subsisted and continued until J. D of the same place, blacksmith, and other persons unknown, on the day of &c., with strong hand, and with multitude of people, did forcibly and unlawfully enter into the said land and premises, and expel him, the said D. S., therefrom. And him, the said D. S., so expelled from the said dwelling-house, with the appurte nances aforesaid, from the said day of- &c., until tho day of the taking of this inquisition, with like strong hand unlaw fully and forcibly did keep out, and doth yet keep out to the great disturbance of the peace of the people of the State of

and con

trary to the form of the statute in such case made, and that the said estate of the said D. S. still subsists therein.

And we, the jurors aforesaid, whose names are hereto set, do, cn the evidence produced before us, find the inquisttion aforesaid true [To be signed by the jurors.]

Traverse.

.D., adsm. THE PEOPLE.

ON THE COMPLAINT OF D. S.

in the year

be

AND afterwards, on the day of fore the said J. J., one of the judges of the county courts of said county of came the said J. D., in his proper person, and having heard the said inquisition read, says, That he is not guilty of any of the matters set forth therein, and of this he puts himself upon the country, &c.

Or, having heard the said inquisition read, says, That he, the said J. D., or his ancestors, or those whose estate he has in sail lands, have been in quiet possession thereof for three whole years next before the said inquisition was found, and that his interest therein is not ended nor determined, and of this he puts himself upon the country, &c.

-COUNTY, SS.

Venire for Petit Jury.

To the Sheriff or any Constable of said county, greeting. THE People of the State of command you to summon personally twelve good and lawful men of the town of in said county, duly qualified to serve as jurors, and not exempt from serv. ing on juries in courts of Record, and in no wise of kin to D, S. or to J. D., to come before J. J., one of the judges of the county courts of said county, at the house of- in the town of

aforesaid, on the - day of - instant, to make a jury of the country, upon their oaths to try a certain traverse of an inquisi. tion found upon the complaint of D. S., and now pending before the said J. J., against J. D., of said county, blacksmith, for a certain forcible and unlawful entry made by the said J. D. with strong hand, into the dwelling-house of the said D. S., in the town of -,in said county, and for the forcible and unlawful detainer thereof, against the form of the statute in such case made and provided; and that you make a list of the persons summoned, certify and annex the same to this precept, and make return hereof

to me.

Witness, &c. [as in Summons to remove.]

Juror's Oath upon the Traverse.

You, and each of you, do swear, That you will well and truly hear, try, and determine this issue of traverse, between the people of the State of- and J. D., the defendant. So help you God.

Warrant to the Sheriff or Constable to make Restitution

COUNTY, SS.

The People of the State of New-York, to the Sheriff or any Con stable of the said county, greeting:

WHEREAS D. S., of in said county, did, on the day of last, make complaint to the undersigned J. J., one of the judges of the county courts of said county, that John Doe, of aforesaid, on the day of &c., [reciting the complaint to the word "provided" at the end.]

You are therefore hereby commanded to go to the said premises, taking with you the power of the county, if necessary, and to cause the said D. S. to be restored and put into the full possession of the said dwelling-house and premises, according to his estate and right therein before the said entry, in pursuance of the statute in such case made and provided.

of

And you are also commanded to levy the said sum of $the goods and chattels of the said John Doe (excepting such goods and chattels as are by law exempted from execution), and to bring the money before me within thirty days from the date hereof, to render to the said D. S.; and if no goods or chattels can be found, or not sufficient to satisfy the said sum of money, you are commanded to take the body of the said John Doe, and convey him to the common jail of the said county, there to remain until the said sum of money, and your fees for collecting the same, shall be satisfied and paid. Witness, &c., [as in Summons to Remove.]

DEBTOR AND CREDITOR.

EVERY insolvent may be legally released from his debts, upon executing an assignment of all his property to his creditors. The method of proceeding is as follows:-1st. He must present a petition (see Petition of Insolvent Debtor), signed by himself and by so many of his creditors residing in the United States as have debts in good faith owing to them by such debtor, and amounting to two thirds of all his debts owing to creditors, to the Judge or Judges of the County Court in which he may reside; the petition to be accom panied by the affidavits of the debtor and petitioning creditors (see