Having thus laid ground for the proceeding, conclude:

And this defendant saith that, under the facts and circumstances hereinbefore alleged, the title to real property comes in question in this action, and he hereby claims the benefit of the provisions of the Code of Procedure, with reference thereto, and that this action be discontinued by the plaintiff, and brought in the proper court.

N. B.-To be signed by the defendant or his attorney, and delivered to the justice. To be then countersigned by the latter, and delivered to the plaintiff. See Code, § 55.

Title, &c.

UNDERTAKING COLLATERAL THEREWITH.

Whereas the above-named defendant has put in his answer in this action, showing that the title to real property comes in question therein, and claiming the benefit of the provisions of the Code of Procedure with reference thereto. Now, therefore, we the undersigned, C. D., of, &c. (N B. the defendant), and E. F., of, &c. (surety), do hereby undertake and become bound to the plaintiff in the sum of one hundred dollars, that if he, the said plaintiff, shall, within twenty days thereafter, deposit with L. M., Esq., of the justice before whom this action is brought, a summons and complaint, in an action in the Supreme Court of the State of New York for the same cause, the above-named defendant will, in such case, within twenty days after such deposit as aforesaid, give an admission in writing of the service thereof.

If the defendant have been arrested, continue thus:

And also that he, the said defendant, will at all times render himself amenable to all process of the said Supreme Court, during the pendency of the said action to be brought therein, as aforesaid, and to such as may be issued to enforce the judgment therein.

Add affidavits and acknowledgment, as in form No. VII.

XXIII.

REMOVAL OF CAUSE INTO FEDERAL COURT.

Vol. II., § 159.

PETITION.

Prefix title of cause, and address petition to the court in which the action is brought.

See general form No. III.

Allege,

That a suit has been brought in this court against your petitioner by A. B. (a citizen of this state), for recovery of the sum of $

[Or, state, otherwise, the nature of the suit and the value of the matter in dispute. N. B.-If the applicant be an alien, the allegation that the plaintiff is a citizen of this state will not be necessary.]

That the matter in dispute in such suit exceeds, as aforesaid, the sum or valne of five hundred dollars, exclusive of costs.

That your petitioner, at the time of filing this his petition, has entered his appearance in this court, in the said suit.

(That your petitioner is an alien, to wit, a subject of the king of and is not a citizen of the United States of America.)

Or,

That your petitioner is not a citizen of the state in which the above entitled action is brought, but is a citizen of another state, to wit, of the state of

That he, your petitioner, has procured and herewith offers good and sufficient surety for his entering in such court, on the first day of its session, copies of the process against him in said cause, and, also, for his there appearing and entering special bail in the said cause, if special bail was originally requisite therein, pursuant to the statutes of the United States in such case made and provided.

Your petitioner, therefore, prays that the said cause may be removed for trial into the next Circuit Court to be held in the district where the same is pending, to wit, into the next Circuit Court for the Southern District of the State of New York, pursuant to the provisions of the said statutes of the United States, in such case made and provided, and that this court do accept the surety offered by your petitioner, as aforesaid, and do proceed no further in the said cause.

(and, if so, that the bail originally taken from your petitioner in the said cause, be discharged.)

And that this court would give all proper directions, and grant to your petitioner such further or other order or relief in the premises as may be just.

SECURITY.

Know all men by these presents: That we the undersigned, C. D., of &c., and E. F., of are hereby held and firmly bound unto A. B. (plaintiff in the action), his executors, administrators, and assigns, in the sum of one hundred dollars, lawful money of the United States of America, to be paid to the said A. B., his executors, administrators, or assigns, for which payment, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, and administrators, and every of them, forever, by these presents.

Sealed with our seals this
Lord 1863.

day of

in the year of our

Whereas the above-named A. B. hath commenced a suit, in the Supreme Court of the State of New York, against the above bounden C. D.,

(or, against C. D., of, &c.,

the bond),

for recovery of

in cases where the petitioner does not join in

[Here state nature of action, in accordance with the petition.]

and the matter in dispute in such suit exceeds, as aforesaid, the sum of five hundred dollars, exclusive of costs.

And whereas the said A. B., the plaintiff in the said suit, is a citizen of the state of New York, and the said C. D., the defendant therein, is a citizen of another state, to wit, the state of

(or, where the defendant is an alien, simply allege,

And whereas the said C. D., the defendant in the said suit, is an alien, aud is not a citizen of the United States of America,)

And whereas the said C. D. hath entered his appearance in such suit in the said Supreme Court, and hath filed his petition in the same Court for the removal of the said cause for trial into the next Circuit Court to be held in the District where the said suit is pending, to wit, into the next Circuit Court to be held in the Southern District of the State of New York, pursuant to the Statutes of the United States in such case made and provided.

Now, therefore, the condition of the above written obligation is such, that if the above bounden C. D.

(or, if the said C. D., when the defendant does not join in the bond),

shall enter in the said Circuit Court, on the first day of its next session, copies of the process against him in the aforesaid cause, and shall also then and there appear, and enter special bail in the said cause, if special bail was originally requisite therein, then these presents and the above written obligation shall be void, but otherwise to be and remain in full force and virtue.

To be executed by the obligors.

Should be acknowledged, and affidavit of justification annexed.

Having filed the above petition, and an entry of the defendant's appearance, serve upon the plaintiff's attorney copies of the petition, notice of appearance, and security, with the following notice of motion:

NOTICE.

Take notice, that upon the petition and appearance of the defendant, now on file in this court, and also upon the surety bond on behalf of the said petitioner, copies of which petition, notice of appearance, and surety bond are served herewith, this court will be moved on the part of the defendant at, &c., that the prayer of the said petition be granted, and that this cause be removed for trial unto the next Circuit Court to be held in the Southern District of the state of New York, as thereby prayed, and that this court do accept the surety offered by the petitioner, and do proceed no further in the said cause,

(and, if so, that the bail originally taken from the petitioner, in the said cause, be discharged.)

And for such other or further order or relief as may be just.

Or, the matter may, if preferred, be brought on by order to show cause to the same effect.

day of

A petition having been filed by the defendant in this cause at the time of entering his appearance herein, on the instant, praying for the removal thereof into the Circuit Court for the Southern District of New York, pursuant to the statutes of the United States in such case made and provided, and the said petitioner having offered good and sufficient security, pursuant to the directions of, and as required by the said statute; now, on motion of Mr. W., of counsel for the petitioner, and after hearing Mr. H., of counsel for the plaintiff, in opposition thereto, it is declared that it is made to appear, to the satisfaction of this court, that the present suit is commenced in this court by a citizen of the state of New York against a citizen of another state,

(Or, that the present suit is commenced in this court against an alien), and that the matter in dispute exceeds five hundred dollars, exclusive of costs. And it is hereby further declared and ordered, that this court doth accept the surety offered by the petitioner, and that the said cause be removed for trial into the next Circuit Court to be held in the Southern District of the state of New York, pursuant to the said statutes; and that this court do proceed no further therein, and that all proceedings in this court in the said cause be and the same are hereby stayed.

Title, &c. .
Sir,

XXIV.

APPEARANCE.

Vol. I., § 59; Vol. II., § 160; Rules 10, 11.

COMMON APPEARANCE.

Take notice that I appear (as attorney for the defendant) in the above-entitled action, and I request that all notices and papers therein be served upon me, at my place of (business) No. street, in the city of

Dated.

A. B., Attorney for the Defendant.

To C. D., Esq., Attorney for Plaintiff. Where the party himself appears, substitute the words "personally" for as "attorney for the defendant," and "residence" for "business," if the party has no such place.

Title, &c.

QUALIFIED APPEARANCE.

Take notice that I appear as attorney for the defendant, C. D., for the pur poses of a motion to [state object of motion proposed to be made], but not for other purpose.

any

Date, signature, and address, as above.

Title, &c.

APPEARANCE AND DEMAND OF COPY COMPLAINT.

Vol. II., § 160 (a); Code, § 130.

Take notice that I appear (as attorney for the defendants, C. D. and E. F.,) in the above-entitled action, and demand a copy of the complaint therein, to be served upon me, at, &c.

Conclude as in foregoing forms.

XXV.

PROCEEDINGS ON ARREST.

UNDERTAKING BY PLAINTIFF.

Title, &c.

Vol. I., § 83 (b).

Whereas A. B., above named, has made application to one of the

of

the above-named court, to arrest the above-named C. D., in the above-entitled action, on the ground that the said defendant is arrestable therein, pursuant to the provisions of the Code of Procedure.

Now, therefore, we, the above-named A. B., of No.

, and E. F., of No.

street, in the city

of street, in said city, do hereby, pursuant to the statute in such case made and provided, undertake, that if the defendant in the said action shall recover judgment therein, the plaintiff in said action will pay all costs which may be awarded to the said defendant, and all damages which he may sustain by reason of the arrest in said action, not exceeding the sum of hundred dollars.

Add affidavit of justification by sureties, and acknowledgment, as in No. VII. The plaintiff need not justify, when sureties are joined in the undertaking, but, where the undertaking is executed by him alone, he must do so. It is usual, and proper to join him as a party to the undertaking, in all cases where that course is not attended with inconvenience.

Title, &c.

ORDER OF ARREST.

To the sheriff of the county of You are required forthwith to him to bail in the sum of

Vol. I., § 83 (c).

arrest the defendant in this action, and hold (double the plaintiff's claim in general, but the amount rests with the judge), and to return this order to C. D., the plaintiff's

day of

MOTIONS TO VACATE ORDER OF ARREST, OR TO REDUCE THE AMOUNT OF BAIL.

Vol. I., § 85 (a).

Motion to Vacate.

Title, &c., and formal notice as in No. I.

[Grounded on the pleadings and proceedings in this cause (and on the “affidavits, copies of which are herewith served"). If the motion is grounded on the plaintiff's papers alone, omit words in parentheses.]

day of

That the order for the arrest of C. D., the above-named defendant, granted on the by the Honorable a justice of this court, on the application of A. B., the above-named plaintiff, be vacated, or for such further or other order as may be just.

N. B.-If the motion is to vacate, on the ground of irregularity in the plaintiff's papers, the irregularities must be specified on the face of the moving papers. Rule 39.

Notice, &c., as in last.

Motion to Reduce Bail.

That the amount of bail to be given, on the arrest of C. D., the above-named defendant, on the application of A. B., the above-named plaintiff, as the same is fixed by an order of this court, made the

orable

day of

by the Hona justice thereof, may be reduced, or for such further or other order as may be just.

UNDERTAKING ON GIVING BAIL.

Title, &c.

Vol. I., § 86 (b).

Whereas the above-named defendant, C. D., has been arrested in the foregoing action, by the sheriff of the county of

named A. B.

at the suit of the above

Now, therefore, we, E. F., of, &c., and G. H., of, &c. (state places of residence and occupation), do hereby, pursuant to the statute in such case made and provided, undertake that C. D., the defendant above named, shall at all times render himself amenable to the process of this court, during the pendency of this action, and to such as may be issued to enforce the judgment therein.