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copy is hereto annexed], on 0. 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.]
FORM No. 220.
on the on the
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
day of 19 ; on Y. Z., at
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 attorney&3] resides at [designate residence which must be the place where the post-office is located]. That on the 19 , deponent served the [designating paper84], 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 dulyss post-paid wrapper,86' in the post-office87 [or, in
80 This mode of stating service on service within a fixed time are not a number of persons is sustained in servable by mail unless the order so People ex rel. Kenyon v. Sutherland, prescribes. See Motions, paragraph 81 N. Y. 1; 'rev'g 16 Hun, 192. See 114, p. 133, of this volume. note 78, p. 406 (above).
85 The words “in a securely closed 81 See, generally, paragraphs 34–42, and duly ” are not usual except in pp. 397–400 (above), as to service by affidavits of mailing summons, etc.,
but are inserted here in deference to 82 Disqualification to make per the ruling in Chalmers v. Wright, 5 sonal service, was held not neces Robt., 713. (Foreclosure by adver
a disqualification to make this tisement.) affidavit, in Sharp v. Daugney, 33 86 See paragraph 35, p. 397 (above).
87 It is not necessary to say United 83 See paragraph 34, p. 397 (above). States post-office. Sharp v. Daugney, 84 Orders to show cause directing 33 Cal., 505.
a post-office box regularly maintained by the government of the United States and under the care of the post-office] ** 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. said city of
with a person of suitable age and discretion, [may designate, if the person be known, as, namely the wife of said 0. 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 prorimate hour]; that this deponent had immediately theretofore called at the office of the said O. P., at No. in the said city, in order to serve said paper, and such office was not then open°3 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.
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 quired 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 Brown 1. Briggs, 1 How. Pr. 152.
vice at the office or residence of an attorney.
92 See paragraphs 29 and 45, pp. 394, 401 (above).
91 See, generally, paragraphs 2933, pp. 394–396 (above), as to ser.
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.
30 and 44,
(Or, if left in a conspicuous place in the office, 96 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 0. P., in his office letter-box, at the door of his office, No.
street, in the city of
, 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 closedo'].
[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
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
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
96 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 (ahore). * See paragraph 31, p. 395 (above).
99 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.
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.]
[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 served. 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
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
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.