[here continue with direction as to transfer of assets to receiver; see Form 707].

Enter: [signature of judge by initials of name and title.]

FORM No. 734.

Notice to debtor to appear to be examined.

[Entitle, unless indorsed on order.]

Take notice that you are hereby required to appear, pursuant to the within order,37 before R. F., the referee therein named, at his office, No.

day of

street, in the city of

on the

to be examined, under oath, concerning your property [or, the property of ]; and that you are required to produce, then and there, before said referee, your [stating what books and

papers].

[Date.]

[Address.]

[Signature and office address of],

Plaintiff's attorney.

FORM No. 735.

Another form

Summons by referee.

[Title of court and action.]

[Address to defendant.]

You are hereby required to attend before the undersigned, ref eree appointed by the court to examine the defendant Y. Z. as to his property, and direct a transfer to the receiver in this action, at the office of said referee [continue as in preceding Form, from the *]. [Date.]

[Signature and office address of],

[Signature of],

Referee.38

Attorney for [plaintiff].39

FORM No. 736.

Order by referee that defendant deliver and convey to receiver.

[Title of court and action.]

It appearing to my satisfaction, by the examination of the defendant Y. Z. [and of O. P. and Q. R., produced, sworn and

37 To lay foundation for proceedings for contempt, the notice should refer definitely to the order. comb v. Jackson, 2 Edw. 620.

Hol

If the order does not fix the time, but leaves it to be fixed by the referee, take an order from the referee fixing

the time, indorse or underwrite it with signature and address of attorney, and serve it, instead of this notice.

38 Should be signed by the referee personally.

39 See INDORSEMENT, p. 64.

day of

examined before me as witnesses], on the reference before me held pursuant to the order appointing me referee herein, bearing date on the , 19, that said defendant has certain goods and chattels, as of his own property, and now in his possession, to wit [describing them generally]; also certain bills, notes and evidences of debt, that is to say [specifying them], in his possession; also certain accounts, the books of original entries' of which are in possession or under control of said defendant Y. Z. [etc., stating as particularly as may be the kind and description of property discovered upon such examination]:

I, the undersigned referee, do hereby order and direct that the said defendant do, within days from the date hereof, deliver over to R. C., the receiver in this action, the said personal property, bills, notes and evidences of debt, and books of account [each of said defendants delivering to said receiver so much of said property, bills, notes, evidences of debt and books of account as may be in his separate possession]; and also all other property (not exempt from execution), evidences of debt, books of account [etc.], owned by said defendant [or, either of them] at the time of the commencement of this action, and which are susceptible of delivery, in the possession of, or under the control of such defendant.

And I further order and direct that said defendant Y. Z. execute and deliver [a general assignment to said receiver, to be approved by me; and also execute, acknowledge and deliver to said receiver] under my direction, a conveyance and assignment of the real estate mentioned in said complaint, and of the rents, issues and profits therof.

[Date.]

[Signature of],

Referee.

FORM No. 737.

WHEREAS, by an order of the said court,

Assignment (general) to receiver of partnership assets.

This indenture, made the

W. X. and Y. Z., heretofore partners in trade, doing business in

the city of

and R. C., of

day of

after referred to, appointed by the the second part.

19, between

of the first part;

made at [a Special

action wherein the said W. X. was plaintiff and the said Y. Z. was defendant, [it was ordered that it be referred here recite the provision of the order and whereas] the said party of the second part has been duly appointed receiver aforesaid and has given and filed the requisite security, pursuant to law and to said order:

NOW THIS INDENTURE WITNESSETH, that the said parties of the first part, in obedience to the said order, and in consideration of the premises aforesaid, and of one dollar to each of them in hand paid by the said party of the second part at or before the execution hereof, the receipt whereof is hereby acknowledged, have, and each of them has, conveyed, assigned, transferred and delivered over, and by these presents do, and each of them does hereby convey, assign, transfer and deliver over unto the said party of the second part, [under the direction of the said referee, testified by his approval indorsed hereon,] all and every the stock in trade, good will, estate, real and personal, chattels-real, moneys, outstanding debts, things in action, equitable interests, property and effects whatsoever and wheresoever of or belonging or due to the said firm or to the said parties of the first part as partners therein, or in which the said firm, or they or either of them as such partners, had any estate, right, title or interest at the time of the commencement of said action, to wit, on the

day of last; and also all deeds, writings, leases, muniments of title, books of account, papers, vouchers and other evidences whatsoever relating or appertaining thereto :

TO HAVE AND TO HOLD the same unto him the said party of the second part, as such receiver as aforesaid, and to his successors and assigns, subject to the order, direction and control of the said Court. And for the better and more effectually enabling the said party of the second part, his successors and assigns, to recover and receive any part of the stock, estate, book-debts, property, choses in action and effects hereby conveyed, assigned and transferred, they, the said W. X. and Y. Z., have made and appointed, and by these presents do make and appoint the said R. C., party of the second part, his successors and assigns, the attorney and attorneys of them, the said parties of the first part, in their names or in his own name, to commence, continue, discontinue and again bring, perfect and carry out actions, suits and special proceedings against any persons or corporations for or on account of all or any part of the said estate, stock, property, book-debts, choses in action or effects.

IN WITNESS whereof the said parties of the first part have hereunto set their hands and seals the day and year first above written. [Signatures and seals.]

[Acknowledgment as in Form 1, p. 3 of this volume.]

Deed conveying real estate to receiver.

This indenture, made the day of Y. Z., of

appointed by the

19 between

, party of the first part, and R. C., as receiver , party of the second part:

Court of

WHEREAS [insert recitals as in Form 737].

NOW, THIS INDENTURE WITNESSETH, that the said party of the first part, in obedience to the said order, and in consideration of the premises aforesaid, and of one dollar to him in hand paid by the said party of the second part before the execution hereof, the receipt whereof is hereby acknowledged, has bargained, sold, aliened, released and confirmed, and by these presents doth grant, bargain, sell, alien, release and confirm unto the said party of the second part all and every the right, title, estate and interest of the said Y. Z., party of the first part, of and in all that certain lot [describing the premises], together with the appurtenances, rents, issues and profits thereof, and all deeds, evidences, leases and papers relating thereto.

TO HAVE AND TO HOLD, all and every the same unto and to the use of the said R. C., party of the second part, as such receiver, his successors and assigns.

IN WITNESS whereof the said party of the first part has hereunto set his hand and seal the day and year first above written. [Signature and seal.]

[Acknowledgment, and referee's approval as under Form 738.] [For notice to quit given by receiver, see p. 532, Form 292.]

FORM No. 740.

Petition41 by receiver to compel the payment and delivery of specific assets. [As in Form 730, to the *.]

III. That [within the week preceding the commencement of this action] the defendant collected the following sums of money due and payable to said copartnership from the following named debtors:

[Here give particulars.]

IV. That said defendant omitted to place said money with the other moneys of said firm, and still retains the same in his possession and control.42

V. That said defendant also has in his possession and under his control other assets of said firm, namely [describing them].*3

VI. That said defendant refuses to place said sum of dollars in the hands of your petitioner, and also refuses to deliver said assets to him.

WHEREFORE [etc., demand relief such as is given by an order to pay or deliver; see Forms 693, 710].

[Date.]

44

[Signature.]

[Verification as in Form 193, p. 326 of this volume.] [Notice of presentation; see supra, pp. 327, 328.]

41 If preferred, may apply on affidavit. See supra, p. 307. As to the notice to be given to the attorneygeneral in corporation cases, see p. 1010 of this volume.

42 It must appear that the party has the power to obey. If he states positively that he has used, or paid away the money, the order should not be granted. Ferguson v. Bruckman, 23 App. Div. 182, 48 N. Y. Supp. 187;

Sheldon v. Weeks, 7 N. Y. Leg. Obs.

57.

A similar motion was granted in Murphy v. Duberg, 11 Abb. N. C. 112. 43 An excise license may be ordered to be turned over. Wolf v. Selling, 25 N. Y. Supp. 963.

44 The order to deliver should specify the property with particularity. See O'Mahoney v. Belmont, 62 N. Y. 133.