Commitment. Conviction. the space of one year from and after this day, then this recognizance to be void; otherwise, of full force. [Signatures and seals.] 771. Record of Conviction of Disorderly Person. [Recite charge, examination and conviction—see Form 768—and conclude:} And inasmuch as the said Y. Z., now before me, has made default in finding sureties for his good behavior, as by me required—that is to say, two sufficient sureties, to be recognized with said Y. Z., each in the sum of dollars, and the said Y. Z. in the sum of dollars: I do therefore, in pursuance of the statute in such case made and provided, make this my record of the conviction of the said Y. Z., of the offence aforesaid. GIVEN [etc., as in Form 768]. 772. Commitment of Vagrunt to Poorhouse. To any constable of the county of , greeting: WHEREAS, Y. Z. [was charged before me, upon the oath of A. B., with being a vagrant, and], upon an examination before me, was this day duly convicted of being a vagrant, (b) and* it appearing to me that he is not a notorious offender and is a proper subject of relief, I did adjudge that he be committed as hereinafter directed: Now, THEREFORE, you are commanded, in the name of the People of the State of to convey the said Y. Z. to the county poorhouse of said county [or, almshouse, or, poorhouse, of said town], the keeper whereof is required to keep the said Y. Z. therein at hard labor for the term of days. GIVEN [etc., as in Form 768]. 773. The Same; To County Jail. [As in the preceding form to the *, continuing thus:] it appearing to me that he is an improper person to be sent to the poorhouse, I did adjudge that he be committed as hereinafter directed. Now, THEREFORE, you are commanded, in the name of the People of the State of to convey the said Y. Z. to the common jail of said county, the keeper whereof is required to detain the said Y. Z. in safe custody therein for the term of days [and to keep him for the first of said term on bread and water only]. GIVEN [etc., as in Form 768]. (b) It is the better opinion, that the commitment need not set forth the particulars of the offence; it is enough to describe it in the general designation with days which it is characterized by the statute. Case of the Twelve Commitments, 19 Abbotts' Pr., 894; Gray's Case, 11 Ib., 56; S. C., 4 Park. Cr., 616. Dower. 774. Commitment of Disorderly Person in Default of Sureties. To any constable of the county of greeting: WHEREAS, Y. Z. [was charged before me, upon the oath of A. B., with being a disorderly person, and], upon an examination before me, was this day duly convicted of being a disorderly person, (c) and upon such conviction the said Y. Z. was by me required to find two sufficient sureties to be recognized with said Y. Z., the sureties each in the sum of dollars, and the said Y. Z. in the sum of dollars, for his good behavior for the space of one year from the time of his conviction as aforesaid; and inasmuch as said Y. Z. has made default in finding such sureties: Now, THEREFORE, you are commanded, in the name of the People of the State of forthwith to convey the said Y. Z. to the common jail of said county, the keeper whereof is required to detain him in custody in said jail for the term of or until he shall find such sureties, (d) or shall be thence discharged according to law. GIVEN [etc., as in. Form 768]. CHAPTER XXXI. DOWER. IN this chapter are presented the necessary forms for proceeding to compel an admeasurement of dower. If the heirs or other owners of the fee can agree with the widow upon her allotment, they may convey it to her by a deed, for which see the chapter of DEEDS. If they do not take this course, either party may apply to the court for an admeasurement. This proceeding does not, however, determine the question of her right to dower; but only what is a fair third of the lands in which she claims it.(a) 775. Petition by widow, for the admeasurement of dower... 776. Verification of foregoing petition...... 777. Notice by heirs requiring widow to demand dower..... PAGE 408 403 403 403 404 404 404 405 405 405 778. Petition by heir or owner for the admeasurement of dower.... 779. Notice of application for dower, to be served with copy petition. 780. Petition for appointment of guardian.... 781. Order appointing guardian.... 782. Order for admeasurement of dower.. 783. Oath of commissioners.... 784. Report of commissioners.. (c) See preceding note. (d) As to the requisite of the commitment in this respect, see the Case of the Twelve Commitments, 19 Abbotts' Pr., 894. (a) Under the New York Code of Procedure, the admeasurement may be had in a civil action. Townsend v. Townsend, 2 Sandf., 711. To the Proceedings for Admeasurement. 775. Petition by Widow, for the Admeasurement of Dower. Court of THE PETITION of I. That she is the widow of O. B., late of said town, deceased, who died on the day of 18 II. That the said C. B., at the time of his death, and previous thereto, was seized in fee [or describe other inheritance] of and in certain lands and tenements bounded and described as follows [here insert description]. III. That the said C. B. left him surviving C. B., jr., D. B. and G. B., his children and heirs at law, of whom the first named is of full age, and the others are minors of the age of fourteen years and upwards [state also whether the minors have any guardian, and if they have, who he is], all of which said heirs at law are the owners of the said lands, subject to the dower-right of your petitioner. WHEREFORE, your petitioner prays that the dower of your petitioner in the said lands may be admeasured pursuant to the statute. A. B. being sworn, says that she has read the foregoing petition by her subscribed, and knows the contents thereof, and that the same is true, except as to the matters therein stated on information and belief, and as to those matters she believes it to be true. 777. Notice by Heirs Requiring Widow to Demand Dower. To A. B., widow of C. B., late of the town of deceased: Take notice, that you are required, within ninety days after the service of this notice, to make demand of your dower in the lands below described, which were owned by the said C. B. previous to and at the time of his. death. The said lands are as follows: [here insert description.] [Date.] [Signature.] 778. Petition by Heir or Owner for the Admeasurement of Dower. [As in Form 775 to the *, continuing thus:] I. That your petitioner is one of the heirs at law of C. B., deceased, late and his only heirs, and A. B. his widow surviving him. II That during his lifetime and the coverture of said A. B., C. B. was Dower. seized in fee [or designate other estate of inheritance] in lands situated in County, which are bounded and described as follows [description], in which said A. B. claims dower. III. That all the said heirs are of full age [or state who are minors, and whether they have a guardian, naming him]. IV. That the said A. B. has not demanded her dower therein, although one year after her husband's death has elapsed [or, although on the of day 18 , your petitioner gave to said A. B. notice in writing, pursuant to the statute, requiring her to demand her dower in said lands]. WHEREFORE, your petitioner prays for the admeasurement of her dower, pursuant to the statute. [Signature and verification, as above.] 779. Notice of Application for Dower, To Be Served With Copy Petition.(b) To [naming owners], and to all other persons claiming an interest in the lands set forth in the within petition [or, if the application be by the owners, say: To A. B., widow of C. B., deceased]: Take notice, that a petition, of which a copy is annexed, will be presented to the Supreme [or, County] Court [or, to the surrogate] in County, at the [Date.] day of [Signature.] 780. Petition for Appointment of Guardian. County; or, to the surro To the Supreme Court [or, County Court of gate of County]: The petition of G. B. respectfully shows, that he is an infant of the age of years; that A. B., widow of C. B., has served on your petitioner her notice of application for the admeasurement of her dower in the lands of which the said C. B. died seized; that your petitioner has no general or special guardian; and he therefore prays that some suitable person may be appointed the special guardian of your petitioner, to take charge of his interest in the premises. [Signature and verification, as above.] 781. Order Appointing Guardian. In the Matter of the Application of C. B. for Admeasurement of Dower.) At a special term of the Supreme Court of the State of New York [or, at a term of the County Court of County, or, in the Surrogate's Court of the County of }, held at the City Hall in the city of [Date, and name and title of judge]. (b) The notice must be in writing. Matter of Coơ er, 15 Johns., 532. Admeasurement. On reading and filing petition of G. B., dated the on motion of day of for said petitioner: ORDERED, that and a freeholder of said county, be, and he hereby is, appointed guardian of the said G. B. for the sole purpose of appearing for and taking care of the interest of said infant in the proceedings. [Signature of judge or clerk.] 782. Order for Admeasurement of Dower. [As in preceding form to the *, continuing thus:] with proof of service of a copy of the same on all parties interested in the premises described therein [or, on the widow therein named], together with proof of service of notice of this motion; on motion of for the said [petitioner], and after hearing [or, no one appearing] for : ORDERED, that admeasurement be made of the dower of the said A. B., in the lands of her husband, the said C. B., deceased, described in said petition, as follows: [here insert description]; and it is further ordered, that Q. R., S. T. and U. V., of the town of in the county of three reputable and disinterested freeholders, be and they are hereby appointed commissioners for the purpose of making such admeasurement, and that they report their proceedings herein to this court [on the 18 ].(c) day of [Signature of judge or clerk.] 783. Oath of Commissioners. Court, to make We [naming them], commissioners appointed by the admeasurement of the dower of A. B., in the premises described in the order of said court, by which we are appointed, being duly severally sworn say, each for himself, that he will faithfully, honestly and impartially discharge the duty and execute the trust reposed in him by such appointment. SWORN [etc., as in Form 776]. [Signatures.] 784. Report of Commissioners. 'To the Court: THE UNDERSIGNED [naming them], commissioners day of appointed by an order of this court, dated the 18 to make admeasurement of the dower of A. B., widow of C. B., late of said county, deceased, in the lands described in said order, respectfully report, that we have been attended by the said [naming the parties who appeared]; we have caused a survey of the said lands and premises to be made in the presence of the said parties, a map of which survey is hereto annexed; that we proceeded to admeasure and lay off the one-third part of the lands designated in said order, as the dower of A. B., named therein, designating such part with posts [or, with stones; or, with permanent monuments]; and in doing so, we took into view the permanent improvements made on (c) Where the order appointing the admeasurers specifics the time when they shall report, no other notice of motion to confirm their report is necessary. The order is in the nature of an adjournment. White v. Story, 2 Hill, 543. |