ed to these offices, but unfortunately, the masters hold their offices under the council of appointment, and during their pleasure. They are unlimited as to number. They are assissants to the chancellor, who refers to them interlocutory orders for stating accounts, computing damages and the like; they also administer oaths, take affidavits and acknowledgements of deeds, and generally if there be any suit which is not ascertained by the pleadings or depositions in a cause, of which it would be proper for the chancellor to be informed by collateral testimony, he refers it to a master for a report to be made upon such testimony, and such principles as he directs. (b) 1. Powers of masters in The masters have also a material agency in all cases of lunacy and infancy which come before the cases of lunaey chancellor. They also examine bills and answers in chancery referred to them, on exceptions for insufficiency, scandal, or impertinence, and report thereon. The masters also make sale of all lands sold by a decree of the court, under mortgages, and give deeds for the same. and infancy. ters appointed. By the act of the 15th of April, 1814, costs in the Taxing mas. court of chancery are now taxed by three masters, who are specially designated by the chancellor for that purpose, and whose respective residence shall be in the city of Albany, the city of New-York, and the county of Oneida. (c) 3 The register and assistant register are appointed by the chancellor, and they hold their office during his pleasure. The first is appointed under a provision ment and ten The appoint ure of the res gister's office. 1. Register and assistant regis hold their of OFFICERS. contained in the constitution, and the last under the law of the state, passed 10th of April, 1813. (d) The register is to hold his office in the city of ter, where to New York, or in the city of Albany, as the chancellor may direct, and the assistant register is subject to the same directions of the chancellor. (c) fice. 9. Dutics of the assistant regis ter. 3. Records and papers to be register and The duties of the assistant register are in every respect similar to those of the register, and he is entitled to the same fees for the performance of them, so that he may rather be considered as a second register, than as an assistant. These officers are to keep the records and papers filed with the filed with them in their respective offices, but they may assistant regis- convey their papers and records from one office to the other, or to any other place as the course of legal proceedings in any case may require. tex. 4 Register's office kept at Orders and decrees made up in term time are to be entered with the register or assistant register, where the court is sitting, (f) At present the register's office is kept at Albany, and Albany, and the assistant register's at New-York. assistant regis. ter's at New York. The register or assistant register makes up and en5. Final de grosses every final decree. They make the necessary erces to be made up by re- transcripts on appeals, and the clerks and examiners gister after 30 days. See 35th after a final hearing in a cause, are to file with the rethe clerks and gister and assistant register, all the pleadings and proceedings in the cause. (g) Rule. Duty of examiners to papers. as gister and as in relation to 6. Duty of re- The register and assistant register are to have the sistant register names of the respective agents, and of the respective the names of solicitors appointing them, and the latter in alphabetical order, entered in a book to be kept in their offices for that purpose. (h) agents, solicitofa, &c. of the register The register or assistant register attends the court 7. Attendance from day to day during its sitting, and keeps a minute and assistant of the proceedings of the court, and all the rules and orders of the court are entered with them. register. 8. Attach cess, filed with All attachments, writs, or other process, (commis- ments, writs, sions for the examination of witnesses excepted,) and and other proall proceedings under the same are returned and filed the register. in the office of the register. (i) payments of money to be gister or assist ant register. * All deposits and payments of money in this court. Deposits and shall be made either with the register or assistant re- made with register, or in the bank, in which deposits are required by law to be made, and by procuring a credit to be entered in the register's or assistant register's bank book for the amount thereof; and until such money shall have been so paid and such credit so entered, such payment or deposit shall not be considered valid so as to stay or affect any proceedings in this court. vide 1 R. L. 492. s. 19, (j) ́ The register and assistant register are allowed for moneys paid out of court in cases not provided for by the fee bill of April 9th, 1813, for any sum not exceeding two hundred dollars, one per cent, and for all beyond that sum one quarter per cent, provided always that this rule shall not be deemed to apply to moneys deposited under 37th and 42d rules of 7th of June, 1816. (k) Allowance of distant register. register and as court of chan 4 Clerks of the court of chancery are appointed by the chancellor, and hold their offices during his pleasure; Clerks of the their number is unlimited. There are at present one cery, their apin the city of New-York, one in Albany, one in Poughkepsie, and one in the county of Oneida. (1) (65th Bule. (j) 56th Hule. (k) 87th Rule. (1) See 77th Rule of the court of chan pointment. 1. Each of the elerks to keep Each of the clerks of this court shall provide or a folio register. continue to keep, a folio register, bound and lettered, and there shall enter the title of all causes in court, and the proceedings and entries therein, so far as the same relate to their office, which book shall be considered as part of the property of their respective offices, and go with other papers and documents relating thereto.(m) 2. Clerks and ter a final cause to deposit, &c. The clerk and examiners after the final hearing of a examiners af cause, shall deposit with the register with whom the hearing of a decree may be entered, all the original pleadings, interrogatories, exhibits, and other proceedings filed or lodged with, or taken before them in the same cause, making a minute in their register of the delivery of such papers; and that it shall be the duty of the register or assistant register with whom the decree may be entered to require the same to be delivered to him as soon as may be after the decree shall have been pronounced. That the register or assistant register with whom a decree final shall be entered, shall cause the same to be made up in proper form and engrossed, together with all decretal orders, reports, and other proceedings in the cause, and copies thereof the register and assistant register shall mutually transmit to each other when necessary for that purpose, and shall make out a brief and connected history of such proceedings, which having been signed by the chancellor, and countersigned by the register or assistant register, and annexed to the bill, answer, and other proceedings of the cause, shall constitute the enrollment of such decree. (n) 5 Examiners and ment. The examiners are appointed by the council of appointment, their number is not limited; they are offi- their appointcers of the court who examine witnesses produced by either side on such interrogatories as the parties to any suit exhibit for that purpose, and sometimes the parties themselves are by particular orders examined by them They are authorized by law to administer oaths to witnesses, and also to take affidavits to be read in the court of chancery. 1. To adminis affidavits, &c. er oaths, tak e the death of examiner, re moval from of pers to be de In case of the death, removal from office, or resig- 2. In case of nation of any examiner, in future the papers relating to his office are to be delivered to the register or as- fice, &c. pasistant register by the persons in whose custody they livered to the shall remain at the time when the event terminating the office occurs, those excepted on which a lien may exist for the fees of such examiner. (0) register. Sheriffs de of the court The executive officers of the court are the sheriffs of the different counties, who are to execute such pro-clared officers cess of the court as may be directed to them respectively, and the sheriff of the county where the court may be held is bound to give his attendance on the court in such manner as the court may require, and in default thereof is liable to be fined by the court. (p) The court of chancery is allowed to appoint two sergeants, one at New York and one at Albany. (q) ་ Office of Ser geant. 8 Solicitors, admission to practice Solicitors are in the nature of attornies in the courts of common law; they manage the pleadings in the terms of their cause, prepare interrogatories for the witnesses, &c. and in short, every thing that is done in a cause where the party does not appear in propria persona is to be done by a solicitor. (9) 62d Rule. (P)1 R. L. 487. a. 5. (q) 1 R. L. 492. s. 18. |