By Master in Chancery.

tenances, and every part thereof, unto the said party of the second part, his heirs and assigns, to his and their only proper use and behoof forever: as fully and absolutely as the said parties of the first part can and ought to do, pursuant to the statute and their authority, as aforesaid.

IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals, the day and year first above written.

Signed, sealed and delivered }

in presence of

[Signature of witness.]

[Signatures, titles and seals.]

705. Deed By Master in Chancery.

THIS INDENTURE, made this day of

eight hundred and

in and for the State of

in the year one thousand between A. B., one of the masters in chancery

, party of

on

it was, among

the first part, and Y. Z, of the same place, stone-cutter, of the second part. WHEREAS, at a court of chancery held at the city of before the vice-chancellor of the first circuit of the State of the day of one thousand eight hundred and other things, ordered, adjudged and decreed by the said court, in a certain cause then pending in the said court between M. N.; complainant, and O. P., defendant,* that all and singular the mortgaged premises mentioned in the bill of complaint in said cause, and in said decree described, or so much thereof as might be sufficient to raise the amount due to the complainant for principal, interest and costs in said cause, and which might be sold separately without material injury to the parties interested, be sold at public auction, according to the course and practice of this court, by or under the direction of one of the masters thereof residing in the city of that the said sale be made in. the county where the said mortgaged premises, or the greater part thereof, are situated; that the master give public notice of the time and place of such sale, according to the course and practice of said court, and that any of the parties in said cause might become a purchaser or purchasers on such sale; that the said master execute to the purchaser or purchasers of the said mortgaged premises, or such part or parts thereof as should be so sold, a good and sufficient deed or deeds of conveyance for the same: And whereas a certificate of the enrolment of said decree, signed by the clerk of said court, has been presented to the said master in chancery, the party of the first part: And whereas he, in pursuance of the order and decree of the said court, did, on the day of 18 sell by public auction, at the Merchants' Exchange, in the city of [part of] the premises in the said order mentioned, due notice of the time and place of such sale being first given, agreeably to the said order, at which sale the premises hereinafter described were struck off to said party of the second part, for the sum of dollars, that being the highest sum bid for the same:† Now, THIS INDENTURE WITNESSETH, that the said master in chancery, the party of the first part to these presents, in order to carry into effect the sale so made by him as aforesaid, in pursuance of the order and decree of the said court, and in

Sheriff's Deed.

conformity to the statute in such case made and provided, and also in consideration of the premises, and of the said sum of money so bidden as aforesaid being first duly paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and by these presents does grant, bargain, sell and convey unto the said party of the second part, his heirs and assigns, all those two certain lots, pieces or parcels of land, being [part of] the said mortgaged premises, situate, lying and being in the sixteenth ward of the city of [etc., inserting description], TOGETHER WITH all and singular the tenements, hereditaments, and appurtenances to the same belonging, or in any wise appertaining: ToO HAVE AND TO HOLD all and singular the above-granted premises, with the appurtenances, and every part thereof, unto the said party of the second part, his heirs and assigns, forever.

IN WITNESS WHEREOF, the said A. B., master in chancery as aforesaid, hath hereto set his hand and seal, the day and year first above written. Signed, sealed and delivered

in presence of

[Signature of witness.]

A. B. [Seal.]

Master in Chancery.

706. Sheriff's Deed After Sale On Execution.

THIS INDENTURE, made the eight hundred and

day of

in the year one thousand between A. B., sheriff [or, late sheriff] of the

of the first part, and Y. Z., of the city of

party of

county of the second part. WHEREAS, by virtue of a certain writ of execution issued out of the Court of in and for the city and county of in favor

of M. N., plaintiff, against O. P., defendant, to the said sheriff directed and delivered, commanding him that out of the personal property of the said O. P., judgment debtor, within his county, he should satisfy the judgment; or if sufficient personal property could not be found in said county, that *hen he should cause the amount of such judgment to be made out of the real property in his county belonging to such judgment debtor on the day when the said judgment was docketed in his county, or at any time thereafter, as on reference to the said execution now of record in the said court will more fully appear: And whereas, because sufficient personal property of the said judgment debtor, in the said execution mentioned, could not be found in said county, whereof he, the said sheriff, could cause to be made the money specified in the said execution, he, the said sheriff, did, in obedience to the said command, levy on, take and seize, all the estate, right, title and interest of the said judgment debtor, of, in and to the real property hereinafter particularly set forth and described, with the appurtenances; and did, on the day of in the year one thousand eight

hundred and

, sell the said premises by public auction, at [designating

the salesroom], in the city of in said county, he having first given notice of the time and place of such sale by advertising the same according to law; at which sale the said premises were struck off and sold to Y. Z.* for the sum of dollars, he, the said Y. Z., * being the highest bidder, and that being the highest sum bidden for the same; whereupon the said

By Sheriff.

sheriff, after receiving from the said purchaser the said sum of money so bidden as aforesaid, gave to him such certificate as is by law directed to be given, and a certificate of such sale was duly filed in the office of the clerk of the county of ;§ and whereas the fifteen months after such sale, and the giving of such. certificate thereof, have expired without any redemption of the said premises having been made: † Now THIS INDENTURE WITNESSETH, that the said party of the first part, sheriff [or, late sheriff] as aforesaid, by virtue of the said execution, and in pursuance of the statute in such case made and provided, for and in consideration of the sum of money above mentioned, to him in hand paid as aforesaid, the receipt whereof is hereby acknowledged, has granted, bargained, sold, released, assigned, conveyed and confirmed, and by these presents does grant, bargain, sell, release, assign, convey and confirm unto the said Y. Z., his heirs or assigns, all the estate, right, title and interest of the said O. P., the judgment debtor aforesaid, whereof he was seized or possessed on the day of or at any time afterwards, of, in and to all [here insert description of the premises]: TOGETHER WITH all and singular the tenements, hereditaments, and appurtenances thereto belonging or in any wise appertaining: To HAVE AND TO HOLD the said above-mentioned and described premises, with the appurtenances, unto the said Y. Z., his heirs and assigns, forever; as fully and absolutely as he, A. B., the said party of the first part, [late] sheriff aforesaid, can, may or ought to, by virtue of the said execution, and of the statute in such case made and provided, grant, bargain, sell, release, assign, convey and confirm the

same.

one thousand eight hundred and

IN WITNESS WHEREOF, the said [late] sheriff has hereunto set his hand and seal, the day and year first above written.

Signed, sealed and delivered

in presence of
[Signature of witness.]

ed}

A. B. [Seal.]

[Late] Sheriff of the County of

707. The Same; Conveying to an Assignee of the Purchaser. [As in the preceding form, substituting the name of the original purchaser in place of that of the party of the first part at the **, and inserting the following words at the †]; and whereas the said certificate of sale has been duly assigned by the said [naming purchaser], to the said party of the second part hereto, with directions to the said party of the first part to execute the deed to him the said party of the second part hereto.

708. Deed By Sheriff to Redeeming Creditor.(f)

[As in Form 706, substituting the name of the original purchaser for that of the party of the first part at the **, and inserting the following in place of the words between the § and the t]; and whereas the said premises

(f) This is no longer necessary in New York. The sheriff's certificate may be

recorded with like effect as a deed. Laws of 1847, ch. 410, § 6.

Deeds by Sheriff.

were not, within one year, redeemed by any person entitled to make such redemption within that time, according to the statute in such case made; and whereas Y. Z., a creditor of the said M. N., having, in his own name [or, as assignee, representative, trustee, or otherwise], a judgment in the Court of of the State of against the said M. N., for the sum of dollars, rendered before the expiration of fifteen months from the time of such sale, and which is a lien and charge on the premises so sold, presented to the officer making said sale, within three months after the expiration of the year from the time of said sale, a copy of the docket of the said judgment, duly certified by a clerk of the said court, together with an affidavit, by the said Y. Z., of the true sum due on the said judgment at the time of claiming his right to purchase, and then paid the said officer the said sum of dollars, being the purchase-money at said sale, together with interest thereon, at the rate of per cent. per annum from the time of such sale, and has thereby acquired all the rights of the said [naming the original purchaser] to said premises, within the time, and in the manner and form prescribed by the statute in such case made and provided; and no other creditor of the said M. N. has acquired the said rights from or against the said [naming original purchaser]. Now, etc.

709. Deed By Sheriff or Referee on Sale in Foreclosure.

THIS INDENTURE, made the day of

18 between A. B., sheriff

of the county of [or, A. B., a referee appointed by the Court, of the State of ], of the first part, and Y. Z., of the

dwelling in

in the county of

in the State of

on the day of

Court, of the State of

18

part: WHEREAS at a [special] term of the held at the City Hall, in the city of before Honorable J. K., one of the justices of said court, in an action then pending in the said court, between M. N., plaintiff, and O. P. and Q. R., defendants, it was, among other things, ordered, adjudged and decreed, by the said court* [here recite the substance of the decree and the making of sale, which will commonly be somewhat as follows], that all and singular the mortgaged premises mentioned in the complaint in said cause, and in said decree described, or so much thereof as might be sufficient to raise the amount due to the complainant, for principal, interest and costs in said cause, and which might be sold separately, without material injury to the parties interested, be sold at public auction, according to the course and practice of this court, and under the direction of the said sheriff [or, referee], party hereto of the first part; that the said sale be made on the day

of

then next, at

o'clock in the

noon of that day, at in the town of aforesaid; that the said sheriff [or, referee] give [ weeks] public notice of the time and place of such sale, according to the course and practice of said court, and that any of the parties in said cause might become a purchaser, or purchasers, on such sale; that the said sheriff [or, referee] execute to the purchaser, or purchasers, of the said mortgaged premises, or such part or parts thereof as should be sold, a good and sufficient deed, or deeds, of conveyance, for the

In Partition.

day of

in the town of

9

same; and whereas the said sheriff [or, referee], in pursuance of the order and decree of the said court, did, on the said A. D. 18, sell by public auction, at aforesaid, the premises in the said order mentioned, due notice of the time and place of such sale being first given, agreeably to the said order; at which sale, the premises hereinafter described were struck off to the said party of the second part, for the sum of dollars, that being the highest sum bid for the same: NOW THIS INDENTURE WITNESSETH, that the said sheriff [or, referee], in order to carry into effect the sale so made by him, as aforesaid, in pursuance of the said order and decree of the said court, and in conformity to the statute in such case made and provided, and also in consideration of the premises, and of the said sum of money so bidden, as aforesaid, being first duly paid to him by the said party of the second part, the receipt whereof is hereby acknowledged, hath granted, bargained, sold and conveyed, and by these presents doth grant, bargain, sell and convey, unto the said party of the second part, his heirs and assigns, forever, all [here insert description of premises]: TOGETHER WITH all and singular the tenements, hereditaments and appurtenances to the same belonging, or in any wise appertaining: TO HAVE AND TO HOLD all and singular the said premises above mentioned and described, and hereby granted and conveyed, or intended so to be, unto the said party of the second part, his heirs and assigns, to the only proper use, benefit and behoof of the said party of the second part, his heirs and assigns, forever.

IN WITNESS WHEREOF, the said sheriff [or, referee] the party hereto of the first part, has hereunto set his hand and seal, the day and year first above written.

Signed, sealed and delivered)

in the presence of

[Signature of witness.]

A. B. [Seal.]

Sheriff of

County [or referee].

710. Deed by Sheriff or Referee on Sale in Partition.

[As in the preceding form to the *, and then recite the substance of the decree, which will commonly be somewhat as follows:] that all and singular the premises described in the complaint in said action, or so much thereof as are hereinafter particularly described, be sold by or under the direction of A. B., sheriff [or, A. B., a referee appointed by said court], by public auction, in the county where said premises are situated; that the said sheriff [or, referee] do sell, in such separate parcels as he shall deem most for the benefit of the said parties, according to the rules and practice of the said court, and according to the statute in such case made and provided; that he first give week's previous notice of the time and place of such sale, in one of the public newspapers published in the said county of and in such other manner as required by law; that after such sale he make report thereof to the said court; and after such report of sale shall have been duly confirmed, he execute and deliver deeds of conveyance for the said premises, in fee-simple, to the purchasers thereof at the said sale; and whereas the party hereto of the first part, the said sheriff [or, referee], in