Bond of Assignee.

Approval.

the proper security, and entered upon the duties of his trust as such assignee, and that more than one year has elapsed since the date of said assignment. That your petitioner is a creditor of the said A. B., and interested in the distribution of the proceeds arising from said assignment; and he asks that your honor will issue a citation or summons, compelling the said Y. Z., assignee as aforesaid, to appear before you, at a time and place to be named in said summons or citation, and show cause why an account of the trust fund shall not be made, and a decree rendered directing the said Y. Z. to pay your petitioner his proportional part of such fund; and that such other proceedings may be taken herein as to your honor may seem just and equitable. [Signature.]

M. N., being duly sworn, says he has [heard] read the foregoing petition by him subscribed, and that the same is true to the best of his knowledge and belief.

[Jurat.]

[Signature.]

314. Bond of Assignee (under same statute).

KNOW ALL MEN by these presents, that we, Y. Z., of and M. N. and O. P., of the same place, are held and firmly bound unto the People of the State of New York in the sum of dollars, lawful money of the

United States of America, to be paid to the said the People of the State of New York or their assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seal.

, 18.

Whereas one A. B. has made an assignment of all his goods, chattels, and credits to the above-named Y. Z., for the payment of the debts of the said A. B., as expressed in said instrument of assignment, bearing date the day of 18 and recorded in the clerk's office of the county of on the day of 18, which said assignment the said Y. Z. has accepted, on being ordered by the county judge of County to give bond with security in the sum of : Now the condition of this obligation is such, that if the said Y. Z. shall faithfully discharge the duties as such assignee, and duly account for all moneys received by him as such assignee, and obey all orders or decrees which may be made by the county judge of County in regard to said assignment, then this obligation to be void; otherwise, to remain in full force and virtue. Y. Z. [Seal.]

M. N. [Seal.]

O. P. [Seal.]

315. Approval of County Judge, to be Indorsed on the Preceding Bond.

I hereby approve of the form and sufficiency of the within instrument.

General Principles.

316. Summons to an Assignee (under same statute).

In the name of the People of the State of New York, you are commanded to appear before me, the county judge of

on the

day of

County, at my office in

at o'clock in the forenoon, to show cause why an account should not be rendered by you of the trust fund in your hands, created by the assignment of A. B. to you, dated 18; and why a decree should not be entered requiring that the funds be paid over to the several persons entitled to receive the same. Hereof fail not at your peril.

[Date.]

H. L. S., County Judge.

CHAPTER XI.

AUCTIONS.

SALES by auction are usually regulated by statute, requiring auctioneers to obtain licenses or give bonds, or both, and to render accounts, etc., to the State. For the particulars of these regulations, the reader must consult the statutes of his State. The forms of bond and oath to account here given are agreeable to the laws of New York.

323. Oath of partner or clerk to account containing any sales made by him...... 147 824. Terms of sale of real property...

325. Memorandum of sale

317. Bond of Auctioneer.(a)

148

148

KNOW ALL MEN by these presents, that we, A. B. [the auctioneer], of and C. D. and E. F. [naming his sureties], of are held and firmly bound unto the People of the State of New York in the penal sum of ten thousand(b) dollars, to be paid to the People of the State of New York, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by

(a) Where the bond is given in the city of New York, a copy is to be made of both the bond and the acknowledgment, and certified by the magistrate, by indorsing Form 319 upon it.

(b) The penalty and condition are prescribed by the Laws of N. Y., 1888, ch. 52, amended as to the time of rendering accounts by the Laws of 1846, ch. 62.

Auctioncer's Bond.

day of

Approval.

in

these presents. Sealed with our seals, and dated the the year of our Lord one thousand eight hundred and WHEREAS, the above bounden A. B. [naming the auctioneer] is a citizen of the State of New York, resident in the county of ; and whereas the said A. B. designs and intends to become an auctioneer, and to transact the business and perform the duties of an auctioneer in the said county of

:

NOW THE CONDITION of this obligation is such, (b) that if the said A. B. shall well and faithfully pay the duties that are or shall be imposed by law, and that shall accrue' on sales made by him the said A. B., or under his direction, as such auctioneer as aforesaid, and if the said A. B. shall render a true and accurate account semi-annually on the first Mondays of July and January in each year of all goods sold, and also of all goods struck off but not actually sold, as is directed and required by the existing provisions of law, then this obligation shall be void; but in case the said A. B. shall fail to pay said duties, or any part thereof, or to render such account as is above specified and referred to, then this obligation shall be and remain in full force and effect, and the obligors shall be deemed to have forfeited the said bond. [Signatures and seals.]

318. Acknowledgment and Approval.

STATE OF NEW YORK, City [or, County] of day of

} 88.

On the 18 before me M. N., the mayor [or, recorder], of the said city [or, if not for a city, say, county judge of said county], personally appeared the above-named A. B., C. D., and E. F., known to me to be the same persons described in, and who executed the above bond, and acknowledged that they executed the same, for the purposes therein mentioned. And I hereby certify that I approve of the within bond, and that it was taken by me on the day last aforesaid. [Signature and title.]

319. Certificate to be Indorsed on Copy for County Clerk.(c) COUNTY OF

88.

I HEREBY CERTIFY, that the within is a true copy of a bond taken and approved by me, and of the certificate of acknowledgment and approval thereon indorsed by me, and of the whole of said bond and certificate, and that said certificate was executed the day it bears date. [Date.]

[Signature and title.]

320. Notice by Magistrate to Comptroller.

day of

18 I approved a bond

and that

I HEREBY CERTIFY, that on the for A. B., as auctioneer of the city [or, of the county] of

the sureties entering into the said bond were C. D. and E. F., both merchants [or otherwise], residing or doing business in the city of [Date.]

[Signature and title.]

(c) See note (a).

Affidavits of Auctioneers and Clerks.

I, G. H., of

321. Oath of Copartner, or Clerk.

do solemnly swear [or, affirm], that I am the copartner [or, hired clerk] of A. B., an auctioneer duly authorized to act as such, in and for the city [or, county] of * and that I will fully and faithfully

perform the duties incumbent on me by the provisions of Title I., of Chapter 17, of Part I. of the Revised Statutes of the State of New York, and the acts amending the same.

322. Oath of Auctioneer, to be Indorsed on His Semi-annual Account. I, A. B., do solemnly and sincerely swear [or, affirm] that the account now exhibited by me, and to which I have subscribed my name, contains a just and true account of all the goods, wares, merchandise, and effects sold or struck off, or struck off and not actually sold, or bought in by me, at public sale, or sold by me at private sale on commission, whether subject to duty or not, or sold, struck off, or bought in, as aforesaid, by others in my name, or under my direction, or for my benefit, within the time mentioned in the within account, and of the days upon which the same were respectively sold; and that I have attended personally such of the said public sales as are not stated in the said account to have been made without my attendance; and that the causes therein mentioned of my absence from such sales as I did not attend, are truly stated; that I have examined the entries of all the sales mentioned in said account in the book kept by me for that purpose, and fully believe this account to be in all respects correct; and further, that I have, during the time therein mentioned, conformed in all things to the true intent and meaning of the laws regulating sales by auctioneers, according to the best of my knowledge, information, and belief. TAKEN [etc., as in Form 321]. [Signature of auctioneer.]

323. Oath of Partner or Clerk, to be Indorsed on Account Containing Any Sales Made by Him.

[As in Form 321 to the *, continuing thus:] and have been such clerk for six months last past; that I believe the account of sales within, rendered by the said A. B., to be just and true in every particular; that the sales therein mentioned, opposite to which my name is set [or, my initials are set], are all the sales liable to auction duties, public or private, made by me within the time mentioned in said account; and that the account of such sales so therein stated, is just and true; that such sales were made by me, in the absence of said A. B., who was unable to attend, from the causes specified in his account; and that in all acts performed by me, in behalf of such auctioneer, during the time aforesaid, I have endeavored to conform to the true intent and meaning of the laws regulating sales by auctioneers. TAKEN [etc., as in Form 321]. [Signature of deponent.]

Auction Sales.

324. Terms of Sale of Real Property.

The premises described in the annexed advertisement of sale [or otherwise identify them] will be sold [if by an officer under order of court, add, under the direction of A. B.], upon the following terms:

1st. Ten per cent. of the purchase-money of said premises will be required to be paid to the auctioneer [or, to said A. B.], at the time and place of sale, and for which his [or, the owner's] receipt will be given. 2d. The residue of said purchase-money will be required to be paid to the said

at his office at

on the day of

18,

when

the said owner's [or officer's] deed will be ready for delivery. 3d. The vendor is not required to send any notice to the purchaser; and if he neglects to call at the time and place above specified, to receive his deed, he will be charged with interest thereafter on the whole amount of his purchase, unless the vendor shall deem it proper to extend the time for the completion of said purchase.

[4th. All taxes, assessments, and other encumbrances, which at the time of sale are liens or encumbrances upon said premises, will be allowed by the master [or, referee] out of the purchase-money; provided the purchaser shall, previously to the delivery of the deed, produce to the master [or, referee] proof of such liens, and duplicate receipts for the payment thereof.](d)

5th. The purchaser of said premises, or any portion thereof, will, at the time and place of sale, sign a memorandum of his purchase, and pay, in addition to the purchase-money, the auctioneer's fee of ten dollars, for each parcel separately sold.

6th. The biddings will be kept open after the property is struck down; and in case any purchaser shall fail to comply with any of the above conditions of sale, the premises so struck down to him will be again put up for sale [under the direction of the said A. B.], under these same terms of sale [without application to the court, unless the plaintiff's attorney shall elect to make such application]; and such purchaser will be held liable for any deficiency there may be between the sum for which said premises shall be struck down upon the sale, and that for which they may be purchased on the resale, and also any costs or expenses occurring on such resale. [Date.]

day of

325. Memorandum of Sale.

I HAVE this 18 purchased the premises described in the above annexed printed advertisement of sale, for the sum of dollars, and hereby promise and agree to comply with the terms and conditions of the sale of said premises, as above mentioned and set forth. [Date.]

[Signature of purchaser.]

dollars,

[Date.] RECEIVED from [naming purchaser] the sum of being ten per cent. on the amount bid by him, for property sold by me [under the judgment in the above-entitled action].

[Signature of auctioneer or officer.]

(d) This clause is usual only in case of judicial sales.