LVII. JUDGMENT FOR PLAINTIFF IN REPLEVIN. Property in his Possession. dollars. Commencement as in No. LIV., add, after finding in favor of the plaintiff," and assess his damages for the detention, taking, and withholding the possession of the aforesaid property at Now upon motion of C. D., attorney, &c., It is adjudged that the said plaintiff have possession of the personal property described in the complaint, and that the plaintiff recover of the said defendant the dollars, damages as aforesaid, and also the further costs and disbursements, amounting together to the sum of sum of sum of SAME JUDGMENT. Property out of Possession. State that jury have assessed" the value of the personal property described in the complaint at the sum of ; and the plaintiff's damages for the detention, taking, and withholding thereof, at the sum of dollars. Adjudge "that the plaintiff recover possession of the personal property described in the complaint, or, in case a return and delivery thereof cannot be had, then that the said plaintiff recover of the defendant the said sum of dollars, the value of the same property assessed as aforesaid. And further, that the said plaintiff recover of the said defendant, the dollars damages as aforesaid, and also the sum of and disbursements, amounting together to the sum of LVIII. JUDGMENT IN EJECTMENT. sum of dollars, costs Commence as in one of previous forms, according to circum stances. State assessment of damages, or amount due to plaintiff. Adjudge that the plaintiff recover of the defendant the possession of the real property described in the complaint, and also the sum of dollars, his damages, (or, "the amount due from the said defendant to the said plaintiff,") assessed as aforesaid, and ORDER OF REFERENCE TO COMPUTE-ALL DUE. NO ABSENTEES. Title, &c. V. page 476. Judgment upon failure to answer the complaint filed in this action, having been taken against C. D., the defendant: Now on motion of A. B., attorney for the plaintiff, It is ordered, that it be referred to E. F., residing in &c., to com pute and ascertain the amount due to the plaintiff for principal and interest upon the bond and mortgage set forth in the plaintiff's complaint, which is filed in this action, (" and to such of the defendant's as are prior incumbrancers of the mortgaged premises," insert, if there be any such defendants, if not, omit,) and that he make report thereon with all convenient speed. ORDER OF REFERENCE-WHOLE AMOUNT NOT DUE— ABSENTEE DEFENDANTS. Title, &c. It appearing, from the proceedings in this action, that the complaint was filed for the foreclosure or satisfaction of a mortgage; that the whole amount secured, or intended so to be, by said mortgage, is not due, and that judgment upon failure to answer the said complaint has been regularly taken against [or, if the cause have been actually tried, insert allegation accordingly from one of the previous judgment forms, according to the circumstances.] On motion of A. B., attorney for the plaintiff, It is ordered, that it be referred to E. F., residing in &c., to compute the amount due to the plaintiff on the bond and mortgage mentioned in said complaint, and to such of the defendants as are prior incumbrancers of the mortgaged premises. And also, to ascertain and report the amount secured to be paid by said bond and mortgage, and which remains unpaid, including interest thereon to the date of such report. And also, to ascertain and report the situation of the mortgaged premises, and whether, in his opinion, the same can be sold in parcels without injury to the interests of the parties; and if he shall be of opinion that a sale of the whole of said premises, in one parcel, will be most beneficial to the parties, then that he report his reasons for such opinion. Title, &c. To the REFEREES REPORT Under 2d of above Orders. court. In pursuance of an order of this court, day of in the made in the above-entitled action, on the year one thousand eight hundred and by which it was referred to the undersigned referee, &c., [state order granted]: I, E. F., the referee in the said order named do report, that I have computed and ascertained the amount due to plaintiff upon and by virtue of the said bond and mortgage, and that I find, and accordingly report, that there is due to the plaintiff for principal and interest on the said bond and mortgage, at the date of this my report, the sum of And I do further certify and report that Schedule A, hereunto annexed, shows a statement of the amounts due for principal and interest respectively, the period of the computation of the interest, and its rate *. And I do further certify and report, that I have computed and ascertained the amount secured to be paid by said bond and mortgage, and which remains unpaid, including interest thereon to the date of this my report, and the same is the sum of dollars. And I do further certify and report, that the Schedule marked B., to this my report annexed, and forming a part thereof, contains a statement of the said last-mentioned principal and interest money respectively, the period of the computation of the interest, and its rate. And I do further certify and report, that G. H. and J. L., the above-named defendants, are prior incumbrancers of the said mortgaged premises, and that I have computed the amount due to them for principal and interest respectively. That the amount due to the said G. H., for principal and interest up to, and including the date of this my report, is the sum of dollars, and the amount due to the said J. L. for principal and interest up to, and including the date of this my report, is the sum of dollars. And I do further certify and report, that Schedule marked C., to this my report annexed, and forming a part thereof, contains a statement of the said principal and interest monies, respectively due to the said G. H. and J. L., as aforesaid, the period of the computation of the interest, and its rate; and to which, for greater certainty, I refer. And I do further certify and report, that I have taken proof of the facts and circumstances stated in said complaint, and have examined the complainant A. B. on oath, as to any payments which may have been made to him or to any person for his use, on account of the demand mentioned in said complaint, and which ought to be credited thereon; and such proofs, except those which are documentary, and such examinations are to this my report annexed; and I am of opinion that the facts and circumstances stated in said complaint are truc. And I do further certify and report, that I have ascertained the situation of said mortgaged premises, and am of opinion the same can be sold in parcels without injury to the interests of the parties, [or, cannot be sold &c., for the reason that &c., state reason.] All which is respectfully submitted Dated &c. Add Schedules as referred to. E. F. N. B. The report under order No. 1, is the same as the foregoing, but omitting all the different statements after AFFIDAVIT OF SERVICE OF NOTICE OF LIS PENDENS. V. page 220 and 476. N. B.-May be proved by the certificate of the county clerk, instead of by affidavit, if more convenient. An affidavit must, however, be made for other purposes in all cases, Title, &c. A. B. being duly sworn, says, that he is (managing clerk of) the attorney of the plaintiff in the aboveentitled action; that the complaint in this action was filed to foreclose a mortgage-and that judgment upon failure to answer has been taken against the defendants, E. F. and G. H., as absentees, and that none of the defendants have appeared in the action, so as to entitle them to a notice of the application to the court for the relief demanded by the complaint, [or, if the facts be otherwise, vary these allegations accordingly.] day of And this deponent further says, that on the notice of the pendency of this action, in the form prescribed by section 132 of the Code of Procedure, and containing, as this deponent believes, correctly and truly, all the particulars required by law to be stated in such notice, was filed in the office of the clerk of the county of , that being the county in which the mortgaged premises are situated; and that since the filing of the said notice, the complaint in this action has not been amended by making new parties to the action, or so as to affect other property not described in the original complaint, or so as to extend the claims of the plaintiff against the mortgaged premises. Sworn &o A R on the day of day of 18 one due notice of the pendency of the action was duly filed in the office of the clerk of the county of thousand eight hundred and ; and an order of reference having been made to compute the amount due to the plaintiff upon the bond and mortgage set forth in the complaint; and on reading and filing the report of the referee named in the order of reference, by which report, bearing date the , it appears that was due thereon at the date of said report, [or, if otherwise, vary allegation ;] and on motion of C. D. attorney for the plaintiff, It is adjudged that the mortgaged premises described in the complaint in this action, as hereinafter set forth; or so much thereof as may be necessary, and as may be sold separately without prejudice to the interest of the owner thereof, be sold at public auction, in the county of by the sheriff of said county; *If the cause have been actually heard, vary preliminary allegations accord ingly. |