[Or may direct final judgments as thus:] That upon the coming in of the report of the referee and the confirmation of the same, the plaintiff recover from the defendants and each of them the sum that may be found due to him from the said defendants and each of them; or if it shall appear upon such accounting that any sum of money is due or owing to either of the defendants and payable to them from the partnership, and for which either party hereto shall be as a partner liable to the other, that provision be made in the judgment to be entered upon the confirmation of the referee's report, for its payment by the party so liable.

V. That the question of costs be reserved until the coming in of the referee's report.

FORMS NOS. 1795-1803.- STATEMENTS SUITABLE TO INSERT IN FOREGOING FORM.

FORM No. 1795.

To take and state an account.- Of an assignee for benefit of creditors. To take and state the account of the defendants, as assignees under the assignment to them in the complaint mentioned, and especially of all the assigned property which has come into their hands, and of the money received or collected by them, and of all moneys paid or expenses incurred by them in the discharge of their trusts under the assignment; and that in taking and stating the said account, he make therein all just and proper allowances; and that he also report a statement of the remaining uncollected notes, accounts, and effects belonging to the said assigned estate, with such facts in relation thereto as may be requisite to enable this court to give proper directions for the dispostion thereof.

FORM No. 1796.

84

To report amounts due to creditors who may come in, etc. And it is further ordered, that the said referee also ascertain and report the amount due and owing to the plaintiff upon his demand in the complaint mentioned, and also the amount due and owing to each of the other creditors respectively, of the limited partnership of M. & N., in the complaint mentioned, who shall come in under this order and seek the benefit of this action, and contribute to the costs and expenses thereof, such contribution to be settled by said referee; and for that purpose the said referee is

83 Permissive, but not essential. Hebblewaite v. Flint, 83 App. Div. 163, 82 N. Y. Supp. 471.

84 From Kerr v. Blodgett, 48 N. Y. 62. Compare 19 Abb. N. C. 177.

tc cause advertisement for such creditors to come in and exhibit their demands before him by a day to be fixed by him for that purpose, which advertisements are to be published once in each week, for at least weeks, in the printed at and also in the at

, printed at

and the

printed ; and he is to fix a peremptory day for that purpose; and such of them as shall not come in and prove their debts by the time so to be limited, shall be excluded from the benefit of this order; but such persons, not parties to this action, who shall come in before the said referee to prove their debts, must, before they are allowed to recover herein as such creditors, contribute their proportion of the costs and expenses of this action, to be settled by the said referee.85

FORM No. 1797.

To report special facts.

And it is further ordered, that the said referee shall be at liberty to report any special facts that may be proper to enable this court to make a final order or judgment, as well as his reasons for allowing or disallowing any claims that may be made.

FORM No. 1798.

Breach of covenant.

To ascertain and report [the amount of wharfage which should be allowed to the plaintiffs for the breach of the covenant by the defendants, contained in the grant mentioned in the pleadings]. And for such purpose he is to ascertain [etc., specifying the principles on which the account is to be taken]. And he is to compute the interest on such amount, and state the same in his report.

FORM No. 1799.

Accounting in partnership cause.

To take and state an account of all dealings and transactions between the plaintiff and defendant, as partners, 854 under the style of A. B. & Co., and for the better taking and stating of which account the parties are to produce before the said referee, under oath, all books, deeds, papers, and writings in their custody, or under their control, relating thereto, or to the dealings of said partnership, or to its assets or any of them; and are to be examined upon oath, as the said referee shall direct, who, in taking the said account, is to make all just allowances to the parties as between themselves, and to report what, on the balance of the said account, shall appear to be due from either party to the other.86

85 See preceding note.

85a Berg v. Gillender, 115 App. Div. 288.

86 See Rutty v. Person, 12 Abb. N. C. 352; Streat v. Rothschild, id.

383; Trufant v. Merrill, 6 Abb. Pr. (N. S.) 462; Kennedy v. Shilton, 1 Hilt. 546, 9 Abb. Pr. (N. S.) 157, note; Hathaway v. Russell, 7 Abb. N. C. 138.

FORM No. 1800.

Accounting in an action to redeem.

To take and state an account between the several parties to this action, in the manner and under the directions following, to wit: That he compute the amount due upon the bond and mortgage executed by the plaintiff to the defendant Z., mentioned in the complaint, from the day of 19, down to which time the interest appears to have been paid.

That he ascertain (from the deeds or otherwise) the consideration paid by the purchasers and defendants X. and Y., from the said Z., at the auction sale of the said premises made on the of [proceeding to state the mode of apportioning the redemption money among them].

, 19

That he open and state an account with each of such defendants, in which he is to allow such party his proportion of the mortgage money so ascertained as aforesaid, with interest and also all taxes and assessments paid by him or those under whom he claims, upon the lots now held by him and also any sum paid for necessary repairs upon the same, and any amount expended for lasting improvements, with interest on such sums respee tively and that he state and charge such party with any rents and profits of such lots received by him, or those under whom he claims, or by any one on his or their behalf, or which could have been received without willful default, with interest.

FORM No. 1801.

Accounting as to value of use and occupation, in an action for specific performance.

To take such testimony as may be produced before him by either party to this cause in relation to the value of the use and occupation by of the premises [briefly designating

them], since the

day of

19, and the amounts received and collected by or which, with reasonable diligence, might have been received and collected for the same since said day, the amounts expended by said for taxes, assessments, repairs, or otherwise, in and upon said premises [and also in relation to all policies of insurance upon said premises, and as to any actions brought upon the same].

FORM No. 1802.

Accounting of trustees.

To take and state an account of all and every the trust, property and effects, rents, issues and profits which may have come to the hands of the defendants or either of them, or any other

person or persons to the use or order of them or either of them, or which, but for the default or the neglect of the defendants or either of them, might have been so received by them or either of them, or any such person.

FORM No. 1803.

To determine priority among creditors.

To ascertain and report who are the creditors of the said firm of and the amounts due to said creditors respectively, and the order in which they are entitled to payment out of the assets of the said firm of [in conformity with the said provisions of the statute of limited partnerships].

That any party to this action, or any person claiming to be a creditor of said firm, and presenting to the said referee prima facie evidence of his claim, shall have the right to contest any claim preferred by any other creditor, and that testimony may be taken before said referee on the part of the claimants and contestants. That the said referee report to this court the names of the creditors, and the amounts found by him to be due to each respectively, and the order in which they are entitled to payment; and that in case any of said claims be contested, the said referee do report the facts relative to the claim so contested, and the grounds of objection alleged by the contestant, and the decision of the said referee thereupon.

And it is further ordered, that on the coming in of the referee's report any party to this action, or any creditor whose claim is allowed by the referee, may apply to this court for an order for the final distribution of the balance of the funds in the hands of the receiver herein, among the creditors of said firm as ascertained by said report, or by the order of the court thereupon.

FORM No. 1804.

Appointment of first meeting on reference.87

[Title of court and action.]

The undersigned referee[s] herein, hereby appoint [s] the

[Notice of hearings or referee's summons as in Forms 1349 or 1352. Oath of referee as in Form 1351, or if an issue on the pleading is referred, as in Form 1838. Subpoena, see Form Order to deposit books, etc., see Form 1353.]

1350.

FORM No. 1805.

Schedule of account to be presented on reference (in partnership cause). [Title of court and action.]

[Venue.]

Schedule and statement of mutual accounts between the plaintiff and defendant as partners, under the name of A. B. & Co. [since last balance and settlement had between them on the

day of

19 ].

[Here state items, in a debtor and creditor account.]

A. B., the above-named [defendant], being duly sworn, says that the foregoing account, and the said several accounts and entries embraced in the settlement of the

19

day of

, upon the partnership books herewith deposited with the referee in this action, including both debits and credits, are correct, according to the best of deponent's knowledge, information, and belief, and this deponent does not know of any error or omission in said account to the prejudice of the above-named [plaintiff], deponent's copartner.

[Jurat.]

FORM No. 1806.

[Signature.]

Appearance of third persons before referee on accounting.89 [Title of court and action.]

A. N. & Co., creditors under the assignment of W. F., hereby appear in the above action by H. D. H., of

city, their attorney.

[Date.]

street,

[Address to referee and attorneys.]

[File and serve copy on referee, and on the attorneys for the original parties.]

[Termination of reference for delay; see Form 1354, p. 1598.] [Requests to find, when desired, may be adapted from Form 1747.]

88 Need not be given to the attorney for a defendant as to whom the interlocutory judgment has dismissed the complaint. Jewett v. Schmidt,

108 App. Div. 322, 95 N. Y. Supp. 631.

89 This, under an order of reference extending to the benefit of those who