county of Kings, a certain discourse was moved and had, by and between the said John Doe, and the said Richard Roe, of and concerning one A. B. of the county of Rockland, and state of New-York, farmer, and C. his wife, and of and concerning a certain suit or action depending in the court of Chancery of the state of New-York, between the said A. B. complainant, against the said C. his wife, defendant; and upon that discourse, a question then and there arose, and was debated between the said John Doe and Richard Roe, whether the said C. B. the wife of the said A. B. had ever committed adultery after her intermarriage with the said A. B. and before the first day of March one thousand eight hundred and sixteen, or not. And, the said John Doe, then and there asserted and affirmed, that the said C. B. after her intermarriage with the said A. B. and before the said first day of March, one thousand eight hundred and sixteen, had committed adultery, to wit, with a certain D. S. on the first day of February, in the year aforesaid, on board of a certain sloop or vessel then sailing from the city of New-York aforesaid, for Newburgh, in the said state of NewYork ; which said assertion and affirmation of the said John Doe, the said Richard Roe then and there wholly denied and asserted to the contrary thereof, and thereupon afterwards, to wit, on the same day and year first above mentioned, at Flatbush, in the county of Kings, aforesaid, in consideration that the said John Doe, at the special instance and request of the said Richard Roe, had then and there paid to the said Richard Roe the sum of fifty dollars, lawful money of the United States of America, he, the said Richard Roe, then and there undertook, and faithfully promised the said John Doe, to pay him the sum of one hundred dollars, like lawful money as aforesaid, in case she the said C. B. had committed adultery as aforesaid after her intermarriage with the said A. B. and before the first day of March, in the year of our Lord one thousand eight hundred and sixteen, aforesaid, with a certain D. S. on the first day of February, in the year last aforesaid, on board of a certain sloop or vessel then sailing from the city of New-York aforesaid, for Newburgh, in the said state of New-York. And the said John Doe, in fact saith, that she the said C. B. after her intermarriage with the said A. B. and before the said first day of March, in the year one thousand eight hundred and sixteen, to wit, on the first day of February, in the year one thousand eight hundred and seventeen, at the city, county, and in the state of New-York, that is to say, at Flatbush, in the county of Kings aforesaid, did commit adultery, to wit, with a certain D. S. on the first day of February, in the year last aforesaid, on board of a certain sloop or vessel, then sailing from the city of New-York aforesaid, for Newburgh aforesaid, whereof the said Richard Roe, afterwards, on the second day of February, in the year aforesaid, at Flatbush, in the county of Kings aforesaid, had notice; by reason whereof, the said Richard Roe became liable to pay to the said John Doe, and ought to have paid to him, the said sum of one hundred dollars, whereof the said Richard Roe then and there had notice. Nevertheless, the said Richard Roe, not regarding his said promise and undertaking by him in form aforesaid made, hath not yet paid to the said John Doe the said sum of one hundred dollars, or any part thereof, although so to do the said Richard Roe was requested by the said John Doe, afterwards, to wit, on the same day and year last aforesaid, and often afterwards, to wit, at Flatbush, in the county of Kings, but the same to the said John Doe, to pay the said Richard Roe, hath hitherto altogether refused, and still doth refuse, to the damage of the said John Doe of two hundred dollars, and therefore he brings suit, &c.* And the said Richard Roe, by G. H. his attorney, comes and defends the wrong and injury, when, &c, and says that the said John Doe ought not to have or maintain his aforesaid action thereof against him, because, he says, that though true it is, that the said discourse was had, and moved by and between the said John Doe and him the said Richard Roe, wherein the question did arise as aforesaid, and that he, the said defendant, did undertake and promise in manner and form as the said John Doe hath above in that behalf alleged. Nevertheless, for plea in this behalf, the said defendant saith, that the said C. B. the wife of the said A. B. did not commit adultery after her intermarriage with the said A. B. and before the first day of March, one thousand eight hundred and sixteen, to wit, with a certain D. S. on the first day of February, in the year aforesaid, on board of a certain sloop or vessel, then sailing from the city of New-York aforesaid, for Newburgh aforesaid, in manner and form as the said plaintiff hath above in that behalf alleged, and of this the said Richard Roe puts himself upon the country, and the said plaintiff doth the like, &c. Therefore to try the issue above joined, let the jury thereupon come before the justices aforesaid, at the Capitol, in the city of Albany, on the first Monday of August next, or before the said justices, or some or one of them, if they shall first come at • There may be other counts, stating the adultery to have been committed with other persons, naming them, or with certain persons unknown, at such a time and place, mentioning particulars as near as possible. 7. Postea. a Circuit Court, to be held at Flatbush, in the county of Kings, on the day of June next, according to the form of the statute in such cases made and provided, by whom, &c. and who neither, &c. to recognize, &c. because as well, &c. the same day is given to the parties aforesaid, at the same place. Postea. Afterwards, that is to say, on the day, and at the place within contained, before E. F. Esq. one of the said justices of the said supreme court within mentioned, come as well the within named plaintiff, as the within named defendant, by their respective attornies within mentioned, and the jurors of the jury, whereof mention is within made, being summoned also come, who, to speak the truth of the matters within contained, being chosen, tried and sworn, upon their oath say, that the said C. B. did, on or about the day of in the year of our Lord 1816, at the city of New-York, commit adultery with the said D. S. in manner and form as the said plaintiff hath declared against her, and they assess the damages of the said plaintiff, on occasion of the not performing the promises and undertakings within mentioned, over and above his costs and charges, by him about his suit in this behalf expended to twenty-five dollars, and for those costs and charges to six cents. Feigned issue, directed by the court of Chancery of 8. Judge's the state of New-York, by its order, dated the I, A. S. one of the justices of the Supreme Court of Judicature of the people of the state of New-York, and the judge before whom the issue above mentioned was tried, do certify, that no confessions of the defendant were received in evidence at the trial of the said issue in maintenance thereof, (or that the verdict in this cause was supported by proof in addition to the confessions of the party charged,) and further, that the said verdict was satisfactory to me. Dated the day of 1817. A. S. Notice of hearing upon the return of the postea, &c... In Chancery. certificate. Sir, hearing. Please to take notice, that upon filing the nisi 9. Notice of prius record postea venire, and minutes of the trial of this cause, and upon reading and filing the certificate of his honor Mr. Justice Spencer, before whom the issue was tried, I intend to bring on the hearing of this cause upon the equity reserved, before his honor the |