unsatisfied, as we have heard from the suggestion of the said A; and he hath supplicated us to provide remedy for him in this behalf; and we, willing that justice be done in the premises, command you that you make known to the said S, that he be before our justices of our Court of C. P. to be holden at &c., within &c., on &c., then and there to show cause (if any he have) why the said A should not have his execution against said S, for his damages and costs aforesaid, and further to do and receive what our said court shall then and there consider concerning him, in this behalf; and then and there have you this writ, &c. Witness, &c.

The same, in a shorter form.

Whereas R, of &c., before our justices of our Inferior Court of C. P., holden at &c., on &c., by the consideration of our said justices, recovered against I, of &c., the sum of $-, and also $- for costs and charges, by him about his suit in that behalf expended; whereof the said I is convict as to us appears of record; and although judgment be thereof rendered, and our writ of execution thereupon issued, on &c., directed to the sheriff of &c., which was afterwards duly delivered to H, then and ever since a deputy-sheriff of the same county, to be executed according to law; yet the said I hath not abode the judgment aforesaid, but ever since the giving of the same, hath avoided, so that he could not be found; and the aforesaid deputy sheriff hath returned upon the said writ, into our said court, held at &c. on &c., when and where the same writ was returnable, that [here insert the return;] and so returned it in no part satisfied; and the said R saith, that the judgment aforesaid is still altogether unsatisfied, and remains in full force; whereof the said R hath supplicated us to provide remedy for him in this behalf. Now, to the end that justice be done, we commard you to make known unto L, of &c., who was bail and surety for the said I upon the original process, whereupon the judgment aforesaid was given, not only for his appearance to answer the plaintiff upon the process aforesaid, but also for his abiding the judgment of said court, that should be given thereon, that he be before our justices &c., to show cause, if any he have, wherefore the said R should not have judgment and execution, &c. [as before.] R. DANA.

PETITIONS FOR SALE.

Petition by feme covert for license to sell real estate, her husband having deserted her.

To the Hon. &c. H T, wife of B T, late of &c., mariner, respectfully represents, that the said B T hath absented himself from this commonwealth, and hath deserted his said wife, and hath not made any provision for the support and maintenance of herself or of her child which she has had by the said B T; that the said B T and the said H T are seized in fee, in her right, of the real estate following, viz. &c.; wherefore the said H T prays this honorable court to empower and enable her, during the absence of her said husband from this commonwealth, in her own name, to make and execute any contract, either under seal or otherwise, and by deed to sell and convey all her interest in said real estate, and to commence, prosecute, and defend any suit in law or equity to final judgment in the same manner, as fully and to all intents and purposes, as if she was sole and unmarried, according to the statute in such case made and provided, &c.

NOTE. The above petition is drawn under Mass. Stat. of 1787, ch. 32, sec. 1. Under Rev. Stat. ch. 77, sec. 1," when any married man shall absent himself from the state, abandoning his wife and not making sufficient provision for her maintenance, if the wife is at the age of twenty-one years, the Supreme Judicial Court may, on her petition, authorize her to sell and convey her real estate, or any part thereof, and also any personal estate, which shall at any time have come to the husband, by reason of the marriage, and which may remain within the state undisposed of by him."

In addition to the allegations contained in the above petition, a petition under this clause in the Rev. Stat. should allege the wife to be of the age of twenty-one years.

If the application is for the sale of personal estate, the personal estate should be described particularly, and it should appear that it came to the husband by reason of the marriage, and that it remains within the commonwealth undisposed of by him.

By administrator.

To the Hon. the Justices &c. HP of &c., gentleman, administrator of the goods and estate, which were of E D, late of &c., Esq., deceased, intestate, respectfully represents, that the debts due from the estate of the said intestate, amount to $- more than all his personal estate; that the said intestate died seized of the real estate herein

after described, viz. &c.; he therefore prays that he may be licensed and authorized to sell and convey so much of the real estate of the said deceased, as will raise the said sum of $, with incidental charges, under such regulations as are provided by law, &c.

By guardian of a person non compos mentis.

To the Hon. &c. HP, of &c., gentleman, guardian of E D, of &c., a person non compos mentis, respectfully represents, that the said E D is seized of real estate in M aforesaid, of the value of $-, and personal estate of the value of -; that the said ED is living at a great expense; and has already incurred debts to the amount of $-; and that the income of the said estate is not sufficient to support the said E D. The said petitioner therefore prays, that he may be licensed and empowered to sell and convey all the real estate of the said E D, upon giving bonds according to law, &c.

By guardian of minors.

To the Hon. &c. A B, of &c., gentleman, guardian of W X and Y Z, minors, and children of M N, late of &c. Esq., deceased, respectfully represents, that the said minors are seized in fee simple, each of one undivided third part of a certain lot of land, situate &c., bounded and described as follows, viz. &c.; that it would be for the benefit of the minors, that all their interest in said estate should be disposed of, and the proceeds be put out and secured to them on interest; he therefore prays this honorable court to authorize some suitable person or persons to sell, and by good and sufficient deeds to convey all the estate of the said minors, such person or persons giving bonds, and observing the rules and directions of law in such cases made and provided, &c.

COMPLAINTS.

For affirmation of judgment, because appellee (original defendant) hath not prosecuted his appeal from a judgment of Justice of the Peace. COMPLAINT. Essex ss. To the Honorable the Court of &c. complains, R R, of &c., against D D, of &c., for that he, the said R R, before T H, Esq., one of the justices &c.,

on &c., recovered judgment against the said DD for the sum of $-damages and costs of suit, from which judgment the said DD appealed to this court, and recognized to prosecute such appeal, but has failed so to do; wherefore the said R R prays affirmation of said judgment, with additional damages and costs. S. SEWALL.

For affirmation of judgment, because appellee (original plaintiff,) hath not prosecuted his appeal from the judgment of Common Pleas. COMPLAINT. Suffolk ss. To the Honorable the Court of &c. RR, of &c., complains that at a court of &c., held at &c., on &c. last, within and for the said county of &c., he recovered judgment against D D, of &c., for the sum of $- and costs of suit, from which judgment the said D D appealed to this honorable court and recognized to prosecute the same, but failed so to do; wherefore the complainant prays affirmation of said judgment, with additional costs. B. HITCHBORNE.

For costs, because plaintiff hath not entered his action at Court of Common Pleas, where the defendant was served with a summons. COMPLAINT. Essex ss. To the Honorable the justices of the Court of &c., complains, R R v. D D, for that he, the said R R, was summoned at the suit of the said D D to appear in this court at the term aforesaid, but the said DD has failed to enter his said action, and has discontinued the same; wherefore the said R R prays judgment for his costs in this behalf sustained. S. SEWALL.

For costs, because plaintiff hath not entered his action, where the defendant was arrested.

COMPLAINT. Suffolk ss. To the Honorable the Court of &c. RR, of &c., complains, that on &c. your complainant, being then resident at said &c., was arrested by virtue of a writ issuing from, duly returned to, and on the files of said court, and your complainant was thereby obliged to give bail for his appearance to answer to D D, of &c., in a plea of the case, as appears by the files of this court; at which time the said DD neglected to enter his said action; wherefore your complainant prays judgment against the said DD, for his costs, by reason of the non-entry of the said DD of his writ aforesaid. B. HITCHBORNE.