To this enumeration of the terms of the Court, must be superadded all the terms of the Municipal Court for the city of Boston, which are holden regularly on the first Monday of each month, and at which the Judges of the Court of Common Pleas are required to preside, under the wise and judicious legislative prohibition, that the same Judge shall not preside for more than three successive terms. The terms of this Court average somewhat over three weeks.

PRACTICAL FORMS.

Form of a Demand to prove a Conversion.

To A. B. of

I hereby give you notice, that the goods and chattels (here describe the articles fully and properly) are my property, and not the property of or of any other person; and I hereby offer to produce to you all the documents in my possession or power to show my title. And I hereby require and demand you to deliver the said goods and chattels to E. F. the bearer, who is fully authorized to receive the same. If you have any lawful lien or claim upon them, I hereby require you to state it, and I give you notice that I am ready and willing to pay it. If it should occasion you any inconvenience immediately to deliver said articles, I hereby give you notice that I will attend at the premises where they now are, at any proper time you may appoint; and in default of your appointing, I shall attend on the day of tween the hours of 11 and 12, A. M., to receive and remove said goods. But in default of your compliance, by giving up or delivering to me or E. F. the said articles on receipt hereof, or as aforesaid, I hereby give you notice that I shall immediately commence an action against you therefor.

Dated this, &c.

Boston.

inst. be

Yours, &c.

C. D.

[From 1 Chitt. Prac. 566.]

Forms, &c., Tender.

BOSTON, May 5, 1846.

MR. RICHARD ROE:

Sir,- The bearer is directed by me to pay or tender to you the sum of twenty-seven dollars, ($27) in respect of the debt or sum of

money claimed by you, and such tender and offer is and will be made unconditionally and without reserve, or any condition or terms whatsoever; and to avoid all possible doubt, I beg you to understand that the same sum of money is to be offered, paid and received without prejudice to any claim you may have on me for any larger or different sum of money.

[From 1 Chitty, Gen. Prac. 508.]

Yours, &c.

A. B.

Bringing Money into Court.

Bristol, ss. No. 236. C. C. Pleas, January Term, 1847. John Doe v. Richard Roe.

And now the said Roe, by his attorney, moves for leave to bring in the sum of twenty-five dollars, for and upon the causes of action set forth in the first count of the plaintiff's writ and declaration, (or in payment and discharge of the first four items in the account annexed to the plaintiff's writ,) and that unless the plaintiff accept the same, in full discharge of the damages claimed against this defendant, the sum so brought in may be paid out of Court to the plaintiff or his attorney, and the amount thereof be stricken out of the declaration, and no evidence thereof be given on the trial; and that if the plaintiff elect to receive said sum, in full discharge of the damages claimed by him, he may be ordered to tax his costs, that the defendant may pay the same.

A. B., Defendant's Attorney.

1 This form is manifestly defective if the plaintiff have more than one claim or cause of action. In such case, the letter should specify particularly the demand in respect to which the tender is made; as, " on a certain promissory note, dated, &c., and signed, &c. ;" or, "on account of groceries and goods furnished by you on my account, from April 1, 1845, to December 2, of the same year; " or, on account of the seven first items in your bill rendered on, &c."

Notice to quit previous to bringing an Action of Ejectment.

aforesaid, without right, are hereby notified to quit and deliver up to me the premises aforesaid, forthwith. Hereof fail not, or I shall take a due course of law to eject you from the same.

Witness,

[Form used in Boston.]

Affidavit "to be indorsed on or annexed to a Writ" returnable to the Supreme Court.-Stat. 1840, c. 87, § 1.

COMMONWEALTH OF MASSACHUSETTS.

Norfolk, ss. Oct. 1, 1847.

Then personally appeared A. B., the plaintiff in the annexed writ, (or C. D., in behalf of A. B., the plaintiff in the annexed writ,) and made oath that the matter sought to be recovered thereby actually exceeds in amount (or value) the sum of three hundred dollars, (or six hundred dollars, in Suffolk.)

Before me,

W. C.

Justice of the Peace.

Affidavit to remove an Action from the Common Pleas to the Supreme Court. - Stat. 1840, c. 87, § 3.

C. C. Pleas.

Norfolk, ss. Sept. Term, 1847. John Doe v. Richard Roe.

The said Richard Roe (or A. B. in behalf of said R. R.,) comes and makes oath that he verily believes he has a substantial defence to said action, and he intends to bring the same to trial; and he

therefore applies to have said action removed to the Supreme Judicial Court.

Norfolk, ss. Sept. 15, 1847. Sworn to before me,

RICHARD ROE.

J. R.

Justice of the Peace.

Writ of Entry.

To answer to A. B. of

in a plea of land, wherein the

said A. B. demands against the said C. D. one messuage, situated, &c., bounded and described as follows, viz:

and thereupon he says that he was seized of the messuage, as aforesaid, with the appurtenances, in his demesne as of fee, (or in fee tail, or for the life of himself,) within twenty years last past; and thereof the said C. D. unjustly and without judgment, disseized him, the said A. B., within twenty years last past.

If a writ of entry be brought to foreclose a mortgage, the above form may be used, with a single addition, after the words printed in italics, viz: "and in mortgage."

We command you that you replevy the goods and chattels fol

aforesaid, and them deliver unto the said

Provided the same are not taken and detained upon mesne process,