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after ten days' notice of the filing of the report of the Referee, and of the judgment proposed to be entered thereon.

It is further ordered that the Referee's fees be taxed as costs herein.

WM. J. WALLACE

[SEAL]

(Signed)
(A copy.)

TIMOTHY GRIFFITH, Clerk.

FOмM XIII.-STIPULATION FOR REFERENCE OF ACTION AT COм

MON LAW.

U. S. Circuit Court for the Southern District of New York.

ANDREW BROWN, Plaintiff,

against

THE NEW YORK, LAKE ERIE AND WESTERN

RAILROAD COMPANY, Defendant.

It is hereby stipulated and agreed that the above-entitled action be referred to Hamilton Cole, Esq., as sole Referee, to hear and determine all the issues thereof, and that judgment may be entered upon his report as such Referee, with the same force and effect as upon a hearing and decision of the Court.

And it is further stipulated and agreed that the said Referee shall make special findings of fact herein, and that said findings when adopted by the Court shall have the same force and effect as and shall be deemed findings of the Court.

It is further stipulated and agreed by and between the parties hereto, that this action and the issues therein may be tried and determined by the Court without the intervention of a jury, and a jury is hereby waived. It is further stipulated and agreed that judgment shall not be entered herein until after ten days' notice of the filing of the report of the Referee, and of the judgment proposed to be entered thereon.

It is further stipulated and agreed that the Referee's fees shall be taxed as costs herein.

Dated New York, April 23, 1888.

C. L. ATTERBURY, Atty. for Plaintiff.

BUCHANAN & STEELE, Defendant's Attorneys.

FORM XIV.- WRIT OF HABEAS CORPUS.

The President of the United States of America to Martin T. McMahon, Marshal of the United States for the Southern District of New York, GREETING:

We command you, That you have the body of John Doe, by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name said John Doe shall be called or charged, before a stated term of the Circuit Court of the United States for the Southern District of New York, to be held in the Post-Office Building in the city and county and State of New York, on the ninth day of December, 1889, to do and receive what shall then and there

be considered concerning said John Doe, and have you then and there this writ.

Witness, Hon. MELVILLE W. FULLER, Chief Justice of the United States, the fifth day of December, one thousand eight hundred and eighty-nine. JOHN A. SHIELDS, Clerk. [L. S.]

ROBERT JONES, Petitioner's Attorney,

206 & 208 Broadway, New York. Indorsement: Let the within writ issue.

E. HENRY LACOMBE, Circuit Judge.

FORM XV.-ORDER ADJUDGING PARTY GUILTY OF CONTEMPT. [Copied from Fischer v. Hayes, 6 Fed. R. 66.] [TITLE.]

A motion for attachment for contempt herein having come on for further hearing on the question of punishment or terms, on this thirteenth day of February, 1880, and Charles F. Blake, Esq., having been heard for the motion, and J. H. Whitelegge, Esq., opposed; now, therefore, it is hereby ordered and decreed, that the defendant is adjudged to have committed the contempt alleged, and that he pay, as a fine therefor, the amount of all costs, charges, and disbursements, whatsoever suffered, borne, or incurred, by the complainant by reason of, or on account of, the said motion, and that the question of the amount of said fine be submitted to this Court on affidavits, and without argument, as follows: The complainant to serve his affidavits on the solicitor for the defendant on or before Friday, February 20th, 1880; that defendant serve his replying affidavits on counsel for complainant on or before Tuesday, February 24th, 1880; and that complainant have the right to reply; and that all affidavits be filed on or before Friday, February 27th, 1880.

FORM XVI.-ORDER FINING DEFENDANT FOR CONTEMPT.

[Copied from Fischer v. Hayes, 6 Fed. R. 67.]
[TITLE.]

This motion having been heard, on the first day of August, 1879, on affidavits and argument by counsel for the respective parties, and thereupon an order having been duly made that it be referred to John A. Shields to ascertain the fact of said infringement, if the same be so, and report his finding to this court, and upon the coming in of the report of said referee, and hearing counsel for the respective parties, in support thereof and in opposition thereto, said report was confirmed; and it was then further ordered that the complainant file with the court, and serve copies on defendant, affidavits showing the expenses incurred in the prosecution of this second attachment for contempt; that defendant file and serve answering affidavits, and that complainant may reply thereto; and an amended order, and the affidavit of George Hayes, the defendant, executed on the twenty-sixth day of February, 1880, having been filed in reply to said complainant's affidavits, it is, upon consideration thereof, ordered

that the defendant pay into court the sum of $522.49, as set forth in the affidavit of Baron Higham, executed herein on the sixteenth day of February, 1880, and the further sum of $867.50, as set forth in the affidavit of Valentine Fisher, executed herein on the twentieth of February, 1880, amounting altogether to the sum of $1,389.99, as a fine for said second contempt, within thirty days from the date of the entry of this order, to wit, the twelfth day of April, 1880; and that if not paid, the defendant stand committed till it be paid, and that, when paid, it be paid over to the plaintiff in reimbursement.

FORM XVII.-PETITION FOR REMOVAL FROM A STATE COURT TO A CIRCUIT COURT OF THE UNITED STATES.

Supreme Court, County of New York.

JOHN STILES, Plaintiff,

against

ROBERT ROE, Defendant.

To the Honorable the Supreme Court of the State of New York, held in and for the County of New York:

Your petitioner respectfully shows to this Honorable Court that the matter and amount in dispute in the above entitled suit exceeds the sum or value of two thousand dollars, exclusive of interest and costs. That the controversy in said suit is, and at the time of the commencement of this suit was, between citizens of different States, and that your petitioner, the defendant in the above entitled suit, was at the time of the commencement of the suit, and still is, a resident of and a citizen of the city of Boston, in the County of Middlesex, in the State of Massachusetts, and a nonresident of the State of New York, and that the plaintiff, John Stiles, was then, and still is, a resident and citizen of the city, county, and State of New York.

And your petitioner offers herewith a good and sufficient surety for his entering in the Circuit Court of the United States for the Southern District of New York, on the first day of its next session, a copy of the record in this suit, and for paying all costs that may be awarded by said Circuit Court, if said court shall hold that this suit was wrongfully or improperly removed thereto.

And he prays this Honorable Court to proceed no further herein except to make the order of removal required by law, and to accept the said surety and bond, and to cause the record herein to be removed into said Circuit Court of the United States in and for the Southern District of New York; and he will ever pray. ROBERT ROE

WHITE & BLACK, Petitioner's Attorneys,

206 Broadway, New York, N. Y.

City and County of New York.

Robert Roe deposes and says: I am the above-named petitioner. The foregoing petition is true to my own knowledge, except as to the matters

therein stated to be alleged upon information and belief, and as to those matters I believe it to be true.

Sworn to before me, this 18th day of December 1889,

ROBERT ROE

SYLVANUS BROWN, Notary Public, [L S.]
New York County.

On this 18th day of December, 1889, in the City and County of New York, before me, a notary public, in and for the City and County of New York, personally appeared Robert Roe, to me known to be the individual who executed the foregoing petition, and then and there acknowledged to me that he had executed the same.

SYLVANUS BROWN, Notary Public, [L S.]
New York County.

FORM XVIII.-BOND ON REMOVAL.

Know all Men by these Presents, that Robert Roe of Boston, Massachusetts, as principal, and Peter Kenny, as surety, are holden and stand firmly bound unto John Stiles in the penal sum of one thousand dollars, for the payment whereof well and truly to be made unto the said John Stiles, his heirs, representatives, and assigns, we bind ourselves, our heirs, representatives, and assigns, jointly and severally firmly by these presents.

Upon condition nevertheless that, whereas the said Robert Roe has petitioned the Supreme Court of the State of New York, held in and for the County of New York, for the removal of a certain cause therein pending, wherein the said John Stiles is plaintiff, and the said Robert Roe is defendant, to the Circuit Court of the United States in and for the Southern District of New York:

Now, if the said Robert Roe shall enter in the said Circuit Court of the United States, on the first day of its next session, a copy of the record in said suit, and shall well and truly pay all costs that may be awarded by said Circuit Court of the United States, if said Court shall hold that said suit was wrongfully or improperly removed thereto, then this obligation shall be void; otherwise it shall remain in full force and virtue.

In witness whereof the said Robert Roe and Peter Kenny have hereunto set their hands and seals this 18th day of December, A. D. 1889.

ROBERT ROE [L. S.]
PETER KENNY. [L. S.]

City and County of New York.

Peter Kenny, being duly sworn, deposes and says: I reside in the City, County, and State of New York, and am a freeholder therein; and am worth the sum of two thousand dollars over and above all property exempt from sale on execution. PETER KENNY.

Sworn to before me, this 18th day of December, 1889.
[SEAL]

SYLVANUS BROWN,
Notary Public, New York County.

On this 18th day of December, 1889, in the City and County of New York, before me, a notary public in and for the City and County of New York, personally appeared the above-named Robert Roe, of Boston, Massachu

setts, and Peter Kenny, of the City and County of New York, both of whom are to me known, and known to me to be the individuals described in and who executed the foregoing instrument, and then and there each of them severally acknowledged that he had executed the foregoing bond. [SEAL.] SYLVANUS BROWN,

Approved by

GEORGE C. BARRETT, J. S. `C.

Notary Public, New York County.

FORM XIX.-FINAL RECORD IN EQUITY.

Circuit Court of the United States, Southern District of New York.

JOHN STILES

against In Equity.

ROBERT ROE.

The complainant in the above entitled cause filed his bill of complaint, which is hereunto annexed, on 2d day of January, one thousand eight hundred and eighty-seven, and the writ of subpoena was thereupon issued, and returned personallyserved.

An appearance was duly entered for the defendant by Henry Smith, his solicitor, and on the first Monday of March thereafter an answer to said bill of complaint was filed, the same being hereto annexed.

On the first Monday of April thereafter, the complainant filed a replication, the same being hereto annexed.

On the 19th day of March, one thousand eight hundred and eighty-seven, an order of the Court granting to the complainant a preliminary injunction as prayed for in the bill of complaint was filed and entered, which said order is hereunto annexed.

Testimony was thereafter taken by the respective parties, and filed in the clerk's office of the said Circuit Court.

Afterwards, and at the October term of 1888 of said Court, present the Honorable Nathaniel D. Shipman, District Judge, the said cause came on to be heard on the pleadings and proofs, and was argued by counsel. On the 3d day of November, one thousand eight hundred and eighty-eight, a decree of said Court was filed and entered in favor of the complainant, by which it was adjudged that a perpetual injunction should issue against the defendant, and that an accounting be had before John A. Shields, Master of said Court; the said order being hereto annexed.

On the 9th day of June, one thousand eight hundred and eighty-nine, the said Master filed his report, upon which, and on the 11th day of October, one thousand eight hundred and eighty-nine, the said court caused its final decree to be entered herein, the same being hereto annexed.

And the costs having been taxed by the clerk at seven hundred and fifty dollars, the process, pleadings, and decrees, together with other papers filed in said cause, are duly annexed hereunto.

Wherefore let the said John Stiles recover of said Robert Roe the sum of two thousand dollars as adjudged in said final decree, together with the further sum of seven hundred and fifty dollars, the cost and charges as

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