Notice of Sale. I, Y. Z., the mortgagee named in the mortgage of which the annexed [or, within] is a true copy, do hereby certify that the following notes, mentioned in said mortgage, all dated the 18 are wholly unpaid-to wit [enumerating them]. day of And I claim the said property, by virtue of said mortgage, to the amount of said unpaid notes and interest as aforesaid. And I further claim the said property as security to me against any liability for or on account of my having indorsed the note of therein mentioned, which note is still and interest, and security unpaid; and the said unpaid notes of day of 18. 482. Notice of Sale Under Mortgage. By virtue of a chattel mortgage executed by A. B. to Y. Z., dated the day of county of day of or, the register and 18, 18 and filed in the office of the county clerk of the [or, the town clerk of the town of of the city and county of New York], on the upon which default has been made, I will expose for sale at public auction, on day, the day of 18 at o'clock, in the noon, at [designating the particular place of sale], the property mortgaged, consisting of 187 horses, 35 stages, 16 sleighs, 250 tire bolts, 800 weight of iron, 800 weight of steel, two large iron safes. [The terms of sale to be made known on the day of sale.](b) TERMS OF SALE.-One-third of the amount of the purchase-money in cash, payable immediately after the sale, to the trustees named in the mortgage. The balance of said purchase-money in twelve equal monthly payments, for which approved indorsed promissory notes, bearing interest from date, falling due on, etc., are to be given, and the purchaser to execute an approved chattel mortgage to the said trustees on the property so sold to him, to secure the payment of the said promissory notes;-notes and mortgage to be given in five days from the purchase hereof. Property to be delivered when notes are given and mortgage executed. If the purchaser does not comply with the terms of sale, then the property to be resold at his expense and loss, and no benefit to accrue to him on such resale, and he will be held responsible for any deficiency from his bid. Date.] (b) In large transactions, where written next form, this clause is inserted. Usually terms of sale are to be prepared, as in the it may be admitted. Clerks and Criers. 484. Purchaser's Memorandum.(c) I have purchased the above property for the sum of dollars, on the [Signature of purchaser.] terms above set forth. 485. Notice of Adverse Claim, Read at the Sale, to Warn Purchasers. I, M. N., hereby give notice, that I have a mortgage on the property of A. B., now offered for sale, which is of prior date to the mortgage, under which this sale takes place, being dated 18 which was then ♦ duly filed; and dollars, with interest thereon, from the day of 18 is unpaid on my said mortgage, and is now due and collectable. Whosoever buys this property, must buy it subject to my mortgage. CHAPTER XXII. CLERKS AND CRIERS. THE powers and duties of clerks of court are generally prescribed by stat ute. If a clerk has by law a deputy, acts which are in their nature ministerial, such as signing and sealing papers, may be done in the clerk's name by the deputy.(a) The laws of New York(b) require clerks of counties and of courts of record, and the register of deeds in the city of New York, and the clerk of the City Court of Brooklyn, (c) to keep open office every day, except Sundays and holidays, in the county of New York, from 9 A. M. to 4 P. M.; and in other counties, between March 21 and October 1, from 8 A. M. to 6 P. M., and between September 30 and April 1, from 9 A. M. to 5 P. M. The following forms are those which are used in open court by clerks or criers. Forms of judgments and other records in actions and special proceedings will be found in the volumes of forms in Practice and Pleading; and forms of certificates and other acts of various kinds will be found under their appropriate heads in this volume, such as ACKNOWLEDGMENT AND PROOF OF DEEDS, OATHS, SEARCHES, etc. 486. Proclamation on opening court 487. Proclamation for sheriff to return process......... 488. Proclamation for magistrates, etc., to return recognizances, etc.. 489. Proclamation before calling grand-jury.. 490. Oath of the foreman of the grand-jury. 491. Oath of grand-jurors...... PAGE 242 242 242 242 242 243 243 492. Proclamation for silence on charging grand-jury. (c) This is written at the foot of the terms of sale. (a) Lynch v. Livingston, 6 N. Y. (2 Seld.), 422. (b) Laws of 1860, 480, chap. 276. Analysis of Chapter. 493. Proclamation calling constables.... 494. Proclamation before calling petit-jury 495. Proclamation for imposing fines.... 496. Proclamation for persons to appear on recognizances. 497. Proclamation for persons bound to answer.... PAGE 248 248 248 248 243 243 498. Proclamation for bail to produce principal... 499. Proclamation for discharge of persons against whom no bills are found.... 244 500. Proclamation for discharge... 504. Address of clerk to the prisoner, before calling the jury. 509. Proclamation requiring a witness under recognizance to appear and testify.. 245 510. Oath of a witness on a trial for felony..... 245 511. Proclamation before sentence pronounced.. 245 512. Proclamation before calling jury on a trial for misdemeanor. 515. Oath of a witness on the trial of a justice, on charges.. 246 516. Address of the clerk on taking a recognizance to appear... 246 517. The same; on recognizance to keep the peace, or for good behavior. 524. Oath of triers in a civil cause, upon a challenge for favor.. 528. Proclamation calling a witness to answer on a subpoena. 533. Entry when an attachment issues against a witness.. 248 534. Oath of interpreter..... 248. 535. Oath of interpreter to a deaf and dumb witness 249, 536. Oath of party, or interested witness, preliminary to evidence of the contents of a paper not produced..... 249, 587. Oath of a party, or interested witness, preliminary to proving the hand 540. Oath of constables, on retiring with a jury, or jurors, on leave 249 541. Oath of constables, to keep jury on an adjournment............. 249 542. Oath of constable who attends the jury when they retire to consider their verdict in civil and criminal cases.... 250 543. Taking verdict in a civil case...... 250 644. Entry of verdict........ 250, Proclamations and Oaths. PAGE 545. Entry of verdict, with assessment of value of personal property. 546. Entry of judgment..... 250 250 548. Taking verdict in actions for damages.. 547. Taking verdict where personal property is in question.. 549. Taking verdict in cases of lunacy, etc.... 251 251 251 550. Taking verdict in action for recovery of real property. 251 551. Polling jury in civil cases... 552. Oath on application to excuse or discharge a juror or constable.. 553. On application of juror, or constable, for a remission of fine.. 554. Oath of poor witness, on application for expenses.. 555. Notice of drawing a jury....... 251 252 252 252 252 556. Notice of drawing additional jurors..... 252 486. Proclamation on Opening Court. Hear ye, hear ye, hear ye: All manner of persons that have any business to do at this [here name the court-e. g., thus:] Circuit Court and Court of Oyer and Terminer, held in and for the county of let them draw near and give their attendance, and they shall be heard. 487. Proclamation for Sheriff to Return Process. Sheriff of the county of directed and delivered, and returnable here this day, that the court may proceed thereon. : Return the writs and precepts to you 488. Proclamation for Magistrates, etc., to Return Recognizances, etc. All justices of the peace, coroners, sheriffs and other officers, who have taken any recognizances, examinations or other matters: return the same to the court here, that they may proceed thereon. 489. Proclamation Before Calling Grand-Jury. You, good men, who are here returned to inquire for the People of the State of New York, for the body of the county of names, every man, at the first call, and save your fines. by name, one by one in their order.] : answer to your [Here call them 490. Oath of the Foreman of the Grand-Jury. You, as foreman of this grand inquest, shall diligently inquire, and true presentment make, of all such matters and things as shall be given to you in charge; the counsel of the people, of your fellows, and your own, you shall keep secret: you shall present no one from envy, hatred or malice; nor leave any one unpresented, for fear, favor, affection, reward or the hope of reward; but you shall present all things truly, as they come to your knowledge, according to the best of your understanding. So help you God. Proclamations and Oaths. 491. Oath of Grand-Jurors. The same oath your foreman has taken on his part, you and each of you shall truly observe and keep on your part. So help you God. 492. Proclamation for Silence On Charging Grand-Jury. All persons are strictly charged and commanded to keep silence, while the court is giving the charge to the grand-jury, on pain of imprisonment. 493. Proclamation Calling Constables. Constables of the county of : Answer to your names, every man, at first call, and save your fines. 494. Proclamation Before Calling Petit-Jury. Hear ye, hear ye, hear ye: You, good men, who are here returned, to try the several issues to be tried at this Circuit Court and Court of Oyer and Terminer, held in and for the county of at the first call, and save your fines. answer to your names 495. Proclamation for Imposing Fines. dollars, Hear ye, hear ye, hear ye: The court have imposed a fine of upon each of the following persons, for non-attendance as grand-jurors [or, petit-jurors; or, constables], at this court-to wit: A. B., of , etc., etc. 496. Proclamation for Persons to Appear On Recognizances. Hear ye, hear ye, hear ye: All manner of persons who are bound by recognizances to prosecute, or prefer, any bill of indictment, against any prisoner or other person, let them come forth and prosecute, or they will forfeit their recognizances. 497. Proclamations for Persons Bound to Answer. Hear ye, hear ye, hear ye: A. B., come forth and answer to your name, and save yourself and bail, or you will forfeit your recognizance. 498. Proclamation for Bail to Produce Principal. Hear ye, hear ye, hear ye: C. D. and E. F., bring forth A. B., your principal, whom you have undertaken to have here this day, or you will forfeit your recognizance. |