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copy is hereto annexed], on O. P., † attorney for the defendant herein [or, one of the defendants herein), by delivering to him personally and leaving with him a true copy thereof. [Jurat.]
[Signature.] FORM No. 220. Another form; service on many persons.80 [As in preceding Form to * continuing deponent made personal service of the [name of paper] hereto annexed [or, a copy of which is hereto annexed], on the persons named below, (whom deponent knew to be the persons mentioned and described in said order to show cause] by delivering to and leaving with each of them personally a true copy of said [order], as follows: on U. V., at [identify place, as in previous Form] on the day of , 19 ; on W. X., at , on the day
, 19 ; on Y. Z., at , on the day of
, 19. [Jurat.]
[Signature.] FORM No. 221.:
Affidavit of service through the post office.81 [Title of court and cause.] [Venue.]
M. N.,82 being duly sworn, says, that he is [the managing clerk of] the attorney for the above-named , and [said attorney83] resides at (designate residence which must be the place where the post-office is localed]. That on the day of 19 , deponent served the [designating papep84], of which the annexed is a copy, upon Q. R., the attorney for plaintiff in this action [or, upon the above-named plaintiff, A. B.], by depositing the same, [or, a true copy thereof] properly inclosed in a securely closed and dulys5 post-paid wrapper,86 in the post-office87 [or, in
80 This mode of stating service on a number of persons is sustained in People ex rel. Kenyon v. Sutherland, 81 N. Y. l; 'rev'g 16 Hun, 192, See note 78, p. 406 (above).
81 See, generally, paragraphs 34–42, pp. 397-400 (above), as to service by mail.
82 Disqualification to make personal service, was held not neces. sarily a disqualification to make this affidavit, in Sharp v. Daugney, 33
service within a fixed time are not servable by mail unless the order so prescribes. See Motions, paragraph 114, p. 133, of this volume.
85 The words “in a securely closed and duly” are not usual except in affidavits of mailing summons, etc., but are inserted here in deference to the ruling in Chalmers v. Wright, 5 Robt., 713. (Foreclosure by advertisement.)
86 See paragraph 35, p. 397 (above).
87 It is not necessary to say United States post-office. Sharp v. Daugney, 33 Cal., 505.
83 See paragraph 34, p. 397 (above). 84 Orders to show cause directing
a post-office box regularly maintained by the government of the United States and under the care of the post-office] 88 at [residence of attorney or party making service] aforesaid, directed to said Q. R., at
county, N. Y.,89 that being the address within the State designated by him for that purpose upon the preceding papers in this action, [or, that said A. B. has made no designation upon the preceding papers in this action of an address at which papers therein are to be served, and said (place of address of paper] is his place of residence, or, the place where he keeps an office.] % [Jurat.]
[Signature.] FORM No. 222.
Affidavit of service on Attorney.91 [As in Form No. 219, to the t, continuing] the defendant's attorney herein, by delivering to him personally, at No. , street, 92 in , and leaving with him a true copy thereof.
[Or, if by leaving at residence, say:] by leaving the same at the residence of the said 0. P., at No. ,
street, in said city of
, with a person of suitable age and discretion, [may designate, if the person be known, as, namely the wife of said O. P.], between the hours of six o'clock in the morning and nine o'clock in the evening of said day (or may state the prozimate hour]; that this deponent had immediately theretofore called at the office of the said O. P., at No. ,
street, in the said city, in order to serve said paper, and such office was not then open so as to admit of such service, and there was no office letter-box there.94
[Or, if on a clerk or person in charge,95 say:] by delivering to and leaving with a clerk of the said O. P., at his office (or, to a person having charge of his office), at No. , street, in
, a true copy thereof, the said O. P. being absent from his office at the time.
88 See paragraph 39, p. 399 ( above).
89 See paragraphs 34, 38, pp. 397, 398 (above).
90 Under early practice it was required by court rule that there should be a direct communication by mail between the places of mailing and of address. This fact was necessarily included in the affidavit. See Browl r. Briggs, I How. Pr. 152.
91 See, generally, paragraphs 29, 33, pp. 394-396 (above), as to ser.
vice at the office or residence of an attorney.
92 See paragraphs 29 and 45, pp. 394, 401 (above).
93 See paragraph 31, p. 395 (abore). 94 The mention of there being no letter-box is because that mode of service is given preference by N. Y. Code Civ. Pro., § 797.
05 See paragraphs 30 and 44, pp. 395 and 401 (above).
[Or, if left in a conspicuous place in the office, 98 say:] by leaving a true copy thereof, between the hours of six o'clock in the morning and nine o'clock in the evening, [or, state the approximate hour]” in a conspicuous place, viz., [upon one of the desks] in the office of the said O. P., at No.
street, in there being, at that time, no person but deponent in said office, and deponent having found the door open so as to admit of such service.
(Or, if in office letter-box, say:] by depositing the same, inclosed in a sealed wrapper, directed to said O. P., in his office letter-box, at the door of his office, No. ,
street, in the between the hours of six o'clock in the morning and nine o'clock in the evening, [or, state the approximate hour] on said day; there being no person in charge of his said office (and said office being closed"9].
[Or, if by mail, as in Form 221 (above).] [Jurat.]
· [Signature.] FORM No. 223.
Affidavit of service on sheriff or coroner.1 [As in Form No. 219, to the t, continuing] between the hours of and
, by delivering to, and leaving with [M. N., under sheriff, or, deputy sheriff in charge), at the office of said sheriff in the city hall, in , [or, No. , street, in
FORM No. 224. Affidavit of seeing service made by a person who has since disappeared.8 [Title of the cause.] [Venue.] A. B., of
being duly sworn, says that he was present on the day of , 19, at [specify place] and saw C. D., of
personally serve Y. Z., [to deponent known to be] the defendant in this cause, with a [designate paper] of which a copy is hereto annexed, by delivering to the said Y. Z., and leaving with him a true copy; (and this deponent further says that he, this deponent, has diligently inquired after the whereabouts of said C. D., in order that he might prove the service of the said , but this deponent has not been able to get any other intelligence of him, but that he is either dead or has absconded, so that he cannot be found.]* [Jurat.]
as See paragraphs 32 and 44, pp. 396 and 401 (above).
97 A time between 6 A. M. and 9 P. M. See paragraph 32, p. 396 labore).
* See paragraph 31, p. 395 (above). 19 This is to be inserted or omitted according to the fact.
1 As to service upon coroner, see Manning v. Keenan, 73 N. Y. 45. As
to service on clerk of the court, see paragraph 28, p. 394 (above).
2 See N. Y. Code Civ. Pro., § 426 as to service of summons upon sheriff.
3 From 2 Newl. Ch. Pr., 224. See paragraph 46, p. 402 (above), as to indirect proof of service in such a case.
(Signature.] FORM No. 225. Affidavit of service such as to make disobedience a contempt.5 [If a judge's order, add to Form No. 219 at end) and at the same time deponent exhibited to him the (annexed] original order, and the signature of Mr. Justice J. K. thereon.
[Or if a court order] and at the same time deponent exhibited to him a duly certified copy of said order.
And deponent further says that he knew the person so serred, and knew him to be [A. B., the attorney for the plaintiff herein.]
FORM No. 226.
Order extending time for service. [Name of Court:- or, if a court order:-At a special Term,
etc., as in Form
No. 94, p. 255.] [Title of cause.] On reading (and filing] the affidavit of A. B., verified the
day of , 19 , by which it satisfactorily appears to me [or, if a court order, to the court] that diligent efforts have been made to serve the herein on
without success [and that the return day of has been adjourned to the day of , 19 ]:
ORDERED, that the time of the said A. B., to serve said Y. Z., with said , is hereby extended to and including the day of
, 19 . [Authentication, etc., as in Form No. 108, p. 265 (above).]
4 It is believed that this bracketed clause is entirely unnecessary as part of the affidavit under the decision in Murphy v. Shea, 143 N. Y. 78; there the court held that the affidavit of
the process server was not essential, but that proof of service can be made by any person who swears to the facts constituting service.
6 See paragraph 5, p. 381 (abore).
FORM No. 227.
Notice indorsed on paper returned. The within [notice of appeal] is hereby returned to you for the reason that [state reason, for instance,] the time to appeal has heretofore expired [or, that A. B., Esq., is the attorney of record for the defendant, and no order of substitution of attorneys has been served on me.]? Date.]
[Signature and office address of],
Attorney for [Address] To
FORM No. 228. Notice with paper re-served when returned.8 Please take notice that I hereby re-serve the within returned by you, and shall insist on the original service. [Date.?
[Signature and office address of],
Attorney for [Address] To . ,
7 See paragraph 15, supra.
6 For another form, see Chapter on PLEADINGS. See paragraphs 50 and 51, p. 404 (above), as to returning & paper promptly and specifying objections.