for lasting improvements, with interest on such sums respectively; 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.

And upon the coming in and confirmation of the report, the action may be brought on for final determination.

§ 1325. Order of reference for accounting in partnership

cause.

Form No. 422.

[As in form No. 420 to the star (*), continuing:] to take and state an account of all dealings and transactions between the plaintiff and defendant, as partners, 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; and are to be examined upon interrogatories or otherwise, 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 what, on the balance of the said account, shall appear to be due from either party to the other, is to be paid as the said referee shall direct; and the referee is at liberty to state and report any special circumstances, as well as his reasons for allowing or disallowing any allowances which may be claimed.

And it is further ordered, that the question of costs, as well as all other questions, are reserved until the coming in of the report and hearing for further directions.

§ 1326. Order of reference to determine priority among

creditors.

Form No. 423.

[As in form No. 420 to the star (*), continuing:] to ascertain and report who are the creditors of the said firm of A. B. & Co., 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 A. B. & Co. [in conformity with the 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.

And it is further ordered, that either party, or any creditor, may apply to this court, from time to time, for further directions in the premises.

§ 1327. Order of reference to take all testimony and report to the court.

[TITLE]

Form No. 424.

This action coming on for trial, after hearing G. H., Esq., for the plaintiff, and J. K., Esq., for the defendant:

Ordered, that it be referred to L. M., Esq., as sole referee to take the testimony in said action, and that he report the same to this court with all convenient speed.

1328. Plaintiff's account, to be presented on reference. Form No. 425.

[TITLE]

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,-e. g. thus:]

A. B., in account with Y. Z., in respect to said partnership trans

A. B., the above-named plaintiff, being duly sworn, says that the foregoing account, and the said several accounts and entries embraced in the settlement of the . . . day of . . ., 19 .., upon the partnership books herewith, deposited with the referee. in this action, including both debts 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 his said copartner, the defendant. [JURAT.]

A. B.

§ 1329. Order that books and papers be deposited with referee before accounting.

[TITLE.]

Form No. 426.

On reading and filing the affidavit of A. B., the plaintiff [or, on the petition of C. D.; or, on the certificate of the referee] herein, dated the . . . day of . . ., 19 . ., and on motion of M. N. for the plaintiff, and on hearing O. P. for the defendant [or, on proof of due service of notice of this motion, and no one appearing] in opposition:

Ordered, that the defendant Y. Z., within [four] days after personal service hereof on said defendant, or on his attorneys, produce before the said referee, under oath, all [here specify the writings] in his custody or power, relating to the matters in question; or, in default thereof, that, on the referee's certifi

P. P F. Vol. I-54

cate of such default, an attachment issue to the sheriff of the county of..., to take the said defendant into custody and bring him before this court to answer for the contempt. [DATE.]

I, [E. F.], having been appointed referee in this action [to try the issues in this action; or, for the purposes in said order mentioned], do solemnly swear [or, affirm] that I will faithfully discharge my duties as such referee to the best of my ability. So help me God. [Or, in case of affirming: And this I do under the pains and penalties of perjury.]

[JURAT.]

§ 1331. Appointment of first meeting, by referee.

E. F.

The undersigned, referee herein, hereby appoints the . . . dav of . . . next, at . . . o'clock in the . . . noon, at the office of

§ 1332. Notice of hearing or trial, by party.

Take notice, that this action will be brought to a hearing before R. F., referee herein, at his office No. . . . street, in the city of

To the... Court for said . . . County:

Pursuant to the order of reference made in this action on the day of..., 19. ., I, the undersigned, as such referee,

as the

respectfully report that having taken the oath required by law as such referee, I appointed the day of... 19 time, and my office in the city of . . . as the place, for the trial of said action, and duly gave each party notice of the time and place of such trial.

That on said day the trial was commenced, and then proceeded from day to day until the . . . day of . on which it concluded, A. B., Esq., appearing for the plaintiff, and C. D., Esq., for the defendant.

[That upon the opening of the case the defendant moved to dismiss the action on the ground that the complaint stated no cause of action, which motion I denied, and to which ruling the defendant excepted.]

[That thereupon the plaintiff moved for leave to amend his complaint, which leave was granted, and the defendant excepted thereto, and a copy of said amendment is hereto attached.]

The testimony taken before me is hereto annexed, marked exhibit A, and made part of this report, and the exceptions and rulings therein are stated in said evidence as they were taken.

And I further report that, after argument of counsel, being now fully advised in the premises, I find as conclusions of fact: I. That from the . . . day of . . ., 19 . ., to the . . . day of . . ., [when this action was commenced], the parties hereto were partners in the business of . . ., at.

...

[under articles

of agreement set forth in the complaint herein]. II. That the defendant in the month of . . . took exclusive possession of the partnership assets and books, and then, and ever since, prevented the plaintiff from having free access thereto, and obstructed his use and control thereof.

I find as conclusions of law:

I. That the plaintiff is entitled to a judgment declaring said. partnership dissolved as of the . . . day of . . ., 19 . .

...

II. That the plaintiff is entitled to an accounting with the defendant in respect to the partnership dealings, and the use made of the partnership property by the defendant.

III. That on such accounting the plaintiff is entitled to have allowed to him [here set forth the principles on which the accounting should be taken].

[DATE.]

M. N., Referee.