or any grave question which should be brought up in a CHAP. II. more formal manner, and particularly where the rights of the state are involved, and the Attorney General opposes the motion. (a) A motion to carry into effect an arrangement by all the parties interested, for putting an end to the cause, with the consent of all parties, was refused, not only because the consent of all parties was not sufficiently shown; but because it was properly a subject matter for petition, and could not be effected by the summary course of motion. (b) It will be seen how motions are noticed and brought on, and what the notice of motion must express. [post § 14.] A motion for production by tenant for life, and deposit in court, of title deeds, that a remainder-man may inspect them, in order to enable him to mortgage his interest, must particularize the deeds, and the object of the required interference of the court.(c) Motions are almost in all cases collateral to some other proceeding. But there are some which may be termed original motions as they are not in aid of any existing suit. They are those which, as no particular mode of application and proceeding is prescribed by statute (for when it is, we have seen it must be strictly pursued, and in almost every inter mediate step, by petition) may be deemed concurrent with petitions, such as a motion for habeas corpus ; [ch. 4. § 39.] for the writ ad quod damnum; [ch. 5. § 58.] and formerly, but not, it seems, under the revised statutes, to make a submission pursuant to a stipulation therein a rule of court, in order to enforce performance of the award by process of contempt.(d) (2) See 12 Price, 174. In the (d) The former act (1 R. L. 125. to agree that their submission should be made a rule of any court of record in this state." (See 5 Cowen 29. 1 Cowen 39. and note 1 Paige CHAP. II. {5. The formal parts of a petition are, 1. Title, 2. Address, 3. Introduction. 4. Case, 5. Prayer, and con Vol 1. p. 19. clusion, 6. Jurat, 7. Signiture; arranged in this Petitions, General requisites, formal parts. form: IN CHANCERY. Before the (Vice) Chancellor (of, &c ) A. B. vs. C. D. To the Chancellor of the state of N. Y. The Petition of A. B. complainant in this suit, Respectfully showeth : That your Petitioner, on the day of caused his Bill of Complaint in this cause to be filed, and Subpœna to appear and answer thereto, to be issued out of and under the seal, &c. That, &c. Your Petitioner therefore prays, that an order may be granted by this Court that an injunction issue, &c. enjoining, &c. City and County of New-York, ss: the matters, &c. Z. P. Exam'r in Ch'y. p. 544.) declares that nothing in A. B. G. W. S. Sol'r. other agreement also between parties, may it seems, on motion be made an order of court. The order states, that the complainant and defendant did on the day of - enter into an agree ment bearing date that day, and which is signed by them, and is in the words and figures following: It is agreed that ' &c. On motion of defendant's counsel, and upon producing said agreement praying that the same may be made an 1. Title; (a) In Chancery before the (Vice) Chan- CHAP. II. cellor (of the eighth circuit) A B. vs. C. D. or if the petition be in a petition suit, 'In the matter of, &c. 2. Address ;(b) To the Chancellor of the state of NewYork, or To the Vice Chancellor of the circuit of the state of N. Y. the Chancellor being a party'. 3. Introduction; (c) The petition of C. D. the defendant in the title of this petition above named, or in the above entitled suit; or of A. B. by D. S. his next friend, complainant in this suit; or (in an original petition,) A. B. of in county of farmer; or of D. P. guardian of the estate of O. P. an infant under the age of twenty one years, and the said O. P. by D. P. her next friend .complainant, &c. or of S. L. an infant under the age, &c. by M. O. his next friend, &c. or of F. G. a lunatic, &. by H. J. his committee, & Respectfully showeth: 4. Case or stating part.(4) That on the day of your petitioner served upon -, one of the defendants in this cause, a true copy of the certified copy of an order granted in the above cause, hereto annexed and at the ame time showed to him the said annexed certified copy, and demanded of him to deliver up to order of court, and may be ob- mission was entitled In Chan- (b) Address: See vol. I. p. 10. 19. (c) See post § 7. and cb. 4. and (d) The case must be broad CHAP. II. your petitioner possession of the premises mentioned, and referred to in the said order,' &c. or that your petitioner is informed or believes that,' &c. or that your petitioner by an order of this court bearing date. the -day — was appointed committee of the person and estate of as by reference to the certificate of the Assistant Register of this court hereunto annexed, and marked B. will more fully appear, &c. or that on or about the day, &c. he caused his bill of complaint in the above cause to be exhibited, and filed before Vice Chancellor of the circuit; that on the same day the injunction issued thereon was duly served, &c. as appears by the affidavit of service hereto annexed, &c. 5. Prayer.(e) Wherefore your petitioner prays,' &c., or Your petitioner therefore prays the Chancellor to grant an order requiring,' &c. and that your petitioner may have such other and further relief, or that the Chancellor may grant such other or further order in the premises as the nature of the case may require,' [sec post. § 14.] or your petitioner therefore respectfully suggests to the Chancellor the propriety of assigning a Guardian ad litem, and a Solicitor and Counsel to the above defendants in order to defend the above suit, and he prays that the same may be done accordingly,' or 'Wherefore your petitioner, inasmuch as he is advised by counsel, and verily believes that no valid defence at law can be made to the said action, prays that by an order of this court, the said D. F. his Attorney, Solicitor, Counsel, and agents may be enjoined, and prohibited from the further prosecution of the said suit,' &c. or Your petitioner therefore prays an order of this court directing a reference to one of the masters thereof, to enquire into the truth of the facts herein stated, and that the said master be directed to receive as competent evidence upon the said reference, depositions taken before, &c.) And your petitioner shall ever pray.' 6. Jurat ;(f) City and county of New-York, ss: A. B. the petitioner in the preceding petition named, and who CHAP. II. subscribed the same, or F. De P. the Solicitor for A. B. the petitioner, &c. being on, &c. sworn, &c. 7. Signature ;(b) A. B. or F. De P. Solicitor for A. B. the petitioner. &c. 6 $6. Vol. I. p. 19. Petitions, engrossing, Petitions and other proceedings, of which copies are to be used, must be paged, and the copies made to correspond in paging by marks of reference to the first word of each page of the original. The papers copying, veriwhen folded are endorsed with the title of the cause or fying, see matter (the complainant's name being always placed pust 7, first in the title inside and out,) and with the words before the Chancellor' or Vice Chancellor of,' &c. usually placed immediately under the words In Chancery.' The name of the Solicitor, if any, is also endorsed. We have seen (vol. 1. p. 21,22.) that generally, petitions must be verified by oath. The form of the oath and Jurat will appear-post § 8. which in ordinary cases will be sufficient. Special petitions and motions must be supported by affidavit of the party or others verifying the material facts stated, or by the pleadings and proceedings in the cause, or by proof aliunde. Some, espccially of the ex parte kind, require only to be verified by the Solicitor, who may be best cognizant of the facts, when consisting of legal proceedings. Others, and of the ex parte kind also, must be, and may be sufficiently, verified by the production of official documents, in addition to such other evidence as may be required for merely identifying [post § 7.] the petitioner as being the party really entitled (c) In England, on petitions under acts for local improvements, for payment of money out of court, the parties are required to verify shortly by (b) Petitions are sometimes required to be signed by Counsel, as in a petition of appeal, post 74. and the subject of them is sometimes so important and complex, as to require them to be perused and settled, if not drawn and sign ed by counsel The party may prosecute or defend in person. (ch. 3. 1. see ch. 2. 13.) There is no rule, as in England in bankrupt petitions, that if the petition do not on its face appear to be by the Solicitor it must be duly attested, or the signature of the |