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Appeal, That they will prosecute the said Appeal or Appeals with Effect and make Return thereof within twelve months after the said Appeal or Appeals here made. And if default happen thereon then Execution to issue out upon the Judgment, against the Party, or their Sureties, in course, without any Scire facias. Provided alwayes, That the Establishing of these Courts shall not be or remain longer in force, than for the time and space of two Years, and until the End of the sitting of the next Assembly, after the expiration of the said two Years."

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Pleas before the justices of the supreme court of judicature of the people of the state of New York, (at the city hall in the city of New York, of May term,] (the term of issue, confession, or inter. locutory judgment,) in the year of our Lord one thousand eight hundred and thirty. Witness, John Savage, esquire, chief justice.

Fairlie, Paige, Hubbard, and Oliver, clerks.

VARIATIONS.

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* () at the academy in the town of Utica, of July term,

(9) at the capitol in the city of Albany, of October term,
() at the capitol in the city of Albany, of January term,

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II. MEMORANDUM.

ss.

(From I. continue as follows :) City and county of New York,

Be it remembered, that* [on the first Monday of May in this same term of May,] (the term of the caption of the declaration) before the justices of the supreme court of judicature of the peo

ple of the state of New York,b [at the city hall in the city of New York] [comes] (or) [came] John Styles, [by A B, his attorney,] and [brings] (or) [brought] into the said court, before the afore. said justices thereof, (now here] (or) [then there) his certain bill against" [Thomas Nokes, being in custody, &c.,) of a plea' [of trespass on the case upon promises, and there are pledges for the prosecution thereof, to wit: John Doe and Richard Roe; which said bill follows in these words, that is to say :

VARIATIONS.

(1) (Where the plea, foc., is within any of the three terms subsequent to the declaration) heretofore, to wit: on the first Monday of January, of the term of January, now last past,

() (Where it is of above four terms, or a year after,) heretofore, to wit : on the first Monday of January, of the term of January, in the year of our Lord one thousand eight hundred and twenty

nine,

* (*) (Where the cause of action accrued in term after the first day of the term of which the declaration is entitled,) on Saturday the tenth day of May, (a day after the cause of action accrued,) [in this same term of May,] (or, as the case may be,) [of May term last past,] (or) [of May term in the year of our Lord one thousand eight hundred and twenty-eight,]

(*) (Where the cause of action accrued in vacation, and the decla. ration, or bill against an attorney, was filed of the preceding term, nearly the whole memorandum will vary, as follows :) on the fifteenth day of June, in the year of our Lord one thousand eight hundred and thirty, John Styles brought into the office of James Fairlie, esquire, one of the clerks of the supreme court of judicature of the people of the state of New York, his certain [declaration against Thomas Nokes, according to the statute in such case made and provided,] (or) [his certain bill against AB, gentleman, one of the attornies of the supreme court of judicature of the people of the state of New York, being present in court in his proper person, according to the course and practice of the same court,] and filed the same (declaration) (or) [bill] as of the term of May, in the year one thousand eight hundred and thirty, of a plea, &c., (continue as above.)

(See I variation a.) < (?) in his own proper person.

b

d

• (?) by C D his next friend, by the court for this purpose spe. cially admitted.

Thomas Nokes and James Jackson, the said Thomas Nokes being in custody, &c. and the said James Jackson having been returned by the sheriff of the county of Westchester, to whom the capias ad respondendum in this cause was directed, not found in his bailiwick, (or, as in the declaration.)

e debt, (gc., as the action may be.)

III. DECLARATION.

(From II. continue as follows :) City and county of New York, ss. John Styles, plaintiff, (f*c., copy declaration to, “brings suit, &c.,inclusive.)

IV. PLEA, ETC.

(From III. continue as follows :) And the said Thomas Nokes by [CD, his attorney,] (or) (in his own proper person,] (or) [by E F, his guardian, by the court for this purpose specially admitted,] comes and defends the wrong and injury, when, &c., and says that, (copy plea. If a notice of set-off, or other special notice is subjoined to the plea, immediately aftèr the plea insert here as fol. lows :) To which said plea the said Thomas Nokes, according to the statute in such case made and provided, subjoined the follow. ing notice : Sir, please to take notice, (copy the whole notice, in. cluding signature and address.) And the said John Styles saith, (copy replication.) And the said Thomas Nokes saith, (copy rejoinder and pleadings, until confession or issue.)

V. NIHIL DICIT.

(Same as IV. to “ when, &c.," inclusive, and then continue as follows :) and says nothing in bar or preclusion of the said action of the said John Styles, whereby the said John Styles remains therein undefended against the said Thomas Nokes.

VI. NON SUM INFORMATUS.

(Same as IV. to “when, &c.inclusive, and then continue as follows:) and the said John Styles prayeth that the said Thomas Nokes may answer to his said declaration ; upon which, the said C D, the attorney of the said Thomas Nokes, saith, that he is not informed by the said Thomas Nokes, of any answer to be given for the said Thomas Nokes, to the said John Styles, in the premises; nor doth he say any thing else in bar or preclusion of the said action of the said John Styles, by which the said John Styles remaineth thereof undefended against the said Thomas Nokes, &c.

VII. IMPARLANCE, PLEA, ETC.

(From III. continue as follows:) and now at this day, that is to say, on the first Monday of May in this same term, (the term in the placita,) until which day the said Thomas Nokes had leave to imparl to the said bill, and then to answer the same, before the said justices of the supreme court of judicature aforesaid, at the city hall aforesaid, come as well the said John Styles, [by AB, his attorney,] as the said Thomas Nokes, [by C D, his attorney;] and the said Thomas Nokes defends the wrong and injury, when, &c., and says that, (continue as in IV., from the same words.)

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(Same as in VII. to “ when, &c.,inclusive, and then continue as in V.)

IX. IMPARLANCE AND NON SUM INFORMATUS.

(Same as in VII. to “ when, &c.," inclusive, and then continue as in VI.)

X. ORDER FOR THE TRIAL OF AN ISSUE OF FACT.

(The record being brought down as in IV. - VII. continue as follous :) Therefore the issue) ab-ve joined, is ordered by the said supreme court of judicature, to be tried at the circuit court,] (the next circuit in the county after the issue,) appointed to be held at the court house, in the town of Goshen, in and for the county of Orange aforesaid, on the first day of June next. A day is given to the parties aforesaid, before the said justices of the supreme court of judicature aforesaid, (the next term after the trial of the issue) at the academy in the town of Utica, on the firs: Monday of July next. (If the issue be not tried at the circuit, as ordered, add 'he following continuance until the circuit when it shall be tried.) And now at this day, to wit, on the first Monday of July, in the year of our Lord one thousand eight hundred and thirty, before the said justices of the supreme court of judicature afore. said, at the academy in the town of Utica, come the parties afore. said, by their respective attories aforesaid; and because the aforesaid issue so as above joined in this cause, between the par. ties atoresaid, was not tried at the said circuit court, held at the time and place aforesaid, in and for the said county of Orange : Therefore, the process between the parties aforesaid, is continued until the c rcuit court appointed to be held at the court house in the said town of Goshen, in and for the county of Orange aforesaid, on the first day of June, in the year of our Lord one thousand eight hundred and thiry-two. (The circuit at which the cause is tried.) A day is given to the parties aforesaid, before the said justices of the supreme court of judicature aforesaid, (the term next after the trial of the issue,) at the academy in the town of Utica, on the first Monday of July, in the said year one thousand eight hundred and thirty-two.

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