sonal estate, to wit, of the value of $-, besides the personal estate which he received by reason of said marriage; wherefore the said libelant prays right and justice, and that she may be divorced from the bonds of matrimony, between her and her said husband; that all the personal estate, which he received by reason of said marriage, as aforesaid, or a sum of money equal in value to the whole of the same personal estate, may be assigned to her, for her own use, and that the custody and education of two of the said children, viz. M B and N B, on account of their tender years, may be committed and intrusted to her; and as in duty bound will ever pray, &c.

Another; more brief.

A D, wife of C D, of &c., libels and gives this honorable court to be informed, that on &c., at &c., she was lawfully married to the said C D, and hath always behaved towards him as a chaste and faithful wife; yet the said C D, neglecting his marriage vows and duty, since the said marriage, on &c., at &c., committed the crime of adultery with a certain lewd woman, to your libelant unknown. That the said CD has a peronal estate of the value of $—, which he received by reason of the said marriage, as well as other personal estate of the value of $-; wherefore your libelant prays that the bonds of matrimony may be dissolved between herself and the said CD; that the value of said personal estate, which the said C D received on account of the said marriage may be restored to her; and that such further provision should be made for her, out of the estate of the said C D, as this honorable court may consider just, &c.

Joint Libel for mariners' wages.

To the Honorable J. D. Esq., Judge of the District Court in and for the District of Massachusetts.

E B, J C, J L, and J S, all of &c., in the district aforesaid, seamen, libel, propound, and give the court to understand, that they shipped on board the ship Friendship, of &c. W S, of &c. in said district, mariner, commander, at the following times and places, to wit, the said B on &c., at &c.; the said C, at &c., on &c., last; the said L, on &c., at &c., and the said S, on &c., at &c., to proceed on a voyage from &c. to &c. in said district of Massachusetts, where the said voyage was to be complete and ended, as seamen, at the

Towing rate of wages, to wit, the said B at $12 per month, the said C at $10 per month, the said L at $20 per month, and the said S at $10 per month. And your libelants aver, that the said ship arrived at &c. aforesaid, her port of discharge, in safety, on &c., that they have each. performed their several duties on board said ship during the whole of said voyage, and were there severally discharged therefrom, to wit, on &c.; and that there is due and unpaid to your libelants, for their wages on board of said ship during said last voyage, the following sums, to wit, to said B the sum of $108, to said C $90, to said L $360, and to said S $100, which said master has refused and still refuses and neglects to pay. Wherefore your libelants humbly represent, that ten days having elapsed since said discharge, and that a dispute having arisen between the said master and them touching said wages; they therefore pray your honor to summon said W S, the master of said ship, to appear before your honor, to show cause why admiralty process should not issue against said ship, her tackle, apparel, and furniture, according to the course of admiralty courts, to answer for said wages; and as in duty bound will ever pray. W. T. Attorney to Libel

ants.

NOTE. To the foregoing libel the following plea was pleaded.

At a District Court holden at &c. within and for the same district, on &c., before the Hon. J. D. Esq., Judge of the same court.

And now A W and J P of S, in the same district, merchants, come into court, and in answer to the libel of E B, J C, J L, and J S, against the ship Friendship, humbly propound and show to the said judge the following articles.

1. That they, the said W and P, were the sole owners of the ship during the said voyage, and now are the sole owners thereof, and that the said W S was during the said voyage commander thereof.

2. That the said B shipped as a seaman on board said ship, on the third day of &c. last, for the monthly wages of $12, and has received one month's advance wages, and $1,78 hospital money; that the said C shipped as a seaman on board the said ship, on the twenty-second day of &c. last, for the monthly wages of $10, and has received one month's advance wages, and $1,78 hospital money; that the said S shipped as a seaman on board said ship, on the third day &c. last, for the monthly wages of $10, and has received one month's advance wages and $1,78 hospital money; that the said L shipped as a seaman on board said ship, on the fifteenth day of &c., in the year &c., for the monthly wages of $12, and has received $41,07, including $3,07 hospital money; and that the said seamen were discharged from the said ship on the thirtieth day of &c. last.

3. That, during the said voyage, and while the said seamen were on board, together with thirteen other seamen belonging to the said ship, whose names are W W, C V, JP, CH, J L, JT, JW, PR, JS, TT,

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PARTITION AT COMMON LAW.

F W, J O, and N A, there were embezzled by the said crew, or by some of them, who are unknown, or by others unknown, by the negligence of the said crew, a part of the cargo of the said ship, to wit, ten bales of brown nankins of the value of $900, ninety pieces of brown nankins of the value of $81, and one bale of blue nankins of the value of $125, amounting in the whole to $1106, which the said seventeen seamen are accountable for and bound to pay for, and have the same deducted from their wages unless they or some one or more of them, will discover the person or persons, who in fact embezzled the same nankins, without any negligence on the part of the crew. Wherefore the respondents pray, that one seventeenth part of the value of said nankins, being $65,06, may be deducted from the wages of each of the said libelants, and that the residue of their wages after the said deduction, the said respondents always have been, since the end of the said voyage, and now are ready to pay; and thereupon the said respondents pray that upon the payment of the said residue respectively, the said libel may be dismissed with costs. A. W., J. P. THEOPH. PARSONS.

PARTITION AT COMMON LAW.

By joint tenants.

In a plea of partition; for that the said R, and H, his wife, in her right, B, and L, in her right, and T D, hold together one undivided tract of land &c., of which it appertains to the plaintiffs [naming them] to hold five ninths, and the said T D [defendant,] the other four ninths, which they may severally hold; but the said T D denies to make partition thereof between him and the plaintiffs, and will not permit the same to be done, against the law in such case made and provided; whereof the plaintiffs, in manner aforesaid, bring this suit, &c. See Cro. Eliz. 64.

By parceners.

In a plea of partition; for that the said T and S [defendants,] and M [plaintiff] hold in common and undivided, a certain messuage &c., as of the inheritance, which was of R, deceased, grandfather of the said T, S, and M, whose heirs they are, after the death of C, deceased, father of the plaintiffs, and son of the said R, to whom the said R devised the same messuage &c., to hold as an estate for life; whereupon, by law and by right, it appertains to the said T, to hold to himself, in severalty, one third part thereof; to the said S, to hold &c. one third part thereof; and to the said M, to hold &c. another third part thereof; so that the said T, S, and M, may separately hold, possess, and enjoy their

PARTITION AT COMMON LAW.

647

said respective third parts in severalty; nevertheless, the said T and S, though often requested, unjustly refuse to make partition of the said messuage &c., according to the law and custom of this commonwealth, and will not permit the same to be made.

By tenants in common.

In a plea of partition; for that the plaintiff and the said B hold together a certain undivided piece of land &c., whereof it appertains to the plaintiff, and his heirs, to have a sixth part, and to the said B to have the residue, in proportion and manner, and of such estate, to the plaintiff unknown, to hold to them in severalty; so that the plaintiff and said B, their several parts aforesaid, of the premises aforesaid, may severally appropriate to themselves; yet the said B unjustly refuses to make partition thereof between them, and will not suffer the same to be done, according to the law in that case, &c.

The same, by baron and feme.

In a plea of partition; for that the said B, and C in her right, and the said D [defendant,] hold together, in common and undivided, a certain tract of land &c. whereof it appertains to the said B and C, and her heirs, to have oue moiety of said land &c., in severalty, and to the said D and his heirs, to have the other moiety thereof, with the appurtenances, in severalty; so that the said B and C, and the said D, their several parts aforesaid, may severally to themselves appropriate; but the said D, though often requested, will not make partition thereof, in form aforesaid, nor suffer the same to be made; to the damage &c. TROWBRIDGE.

Petition for partition.

Humbly shews A B, of &c., and C D, of &c., that they are seized in fee simple, and as tenants in common, of and in a certain real estate &c. [description,] the said A B of one undivided ninth part, and the said C D of one undivided tenth part, with E F and certain other persons unknown to your petitioners; that they cannot possess, occupy and improve the said parts to any advantage, while the same lie in common and undivided as aforesaid, but wholly lose the profits thereof; wherefore they pray that notice may be issued, in due form of law; and that their said parts may be set off and assigned to them, in severalty; and your petitioners shall ever pray.

SUMMONS TO WARRANTORS, VOUCHEES, &c.

Summons to warrantor.

Whereas W S, of &c., and his wife, in her right, did sue out of the clerk's office of our Court of C. P., for our said county of &c., a writ of original summons against C P, of &c., which writ was returnable into our Court of C. P., to be holden at &c., within &c., on &c.; and therein and thereby did demand against the said CP, the possession of &c. At which same court the said C P appeared by his attorney; and on motion to the justices of the said court, wherein the said C P suggested, that he claimed the said real estate by descent from his father, E P, Esq., deceased, to whom one I Q, late of &c., conveyed the same, and prayed our said Justices, that the said action should be continued to our Court of C. P., next to be holden at &c., within &c., on &c., that the heirs at law of said IQ might be notified of such suit, then pending, and take the defence thereof upon them, if they see fit; which was, by the said justices, then and there granted. We command you, therefore, that you summon and give notice unto the heirs at law of the said I Q, to wit, [naming them,] if they may be found in your precinct, of the said suit, pending as aforesaid between the said S and wife, against the said C P, and that they appear at our Court of C P, next to be holden at &c., on &c., as aforesaid (if they see fit,) to take the defence of the said suit upon them. And of this writ, and your doings therein, you are to make true return into our said court, next to be holden, &c. Witness, &c. PULLING.

Summons and voucher to executors of warrantor, by warrantees and assignees of warrantees.

Whereas R, of &c., and H of &c., did sue out of the clerk's office of our Court of C. P. for said county of &c. an original summons against N and P [defendants,] which writ was returnable into our said Court of C P, holden at &c., on &c,; and therein and thereby did demand against the said &c., [defendants,] certain tracts of land &c., in a plea of land, wherein the plaintiffs demand &c. [as in the declaration.] At which court the said &c. [defendants] appeared, and severally said, that S G in his lifetime, by his deed of bargain and sale, dated &c., conveyed acres of