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residing in

Albany to have

"They are admitted by the chancellor on examination, but no person can be admitted a solicitor until three years after he shall have been admitted to practise as an attorney in the supreme court of this state. (r) 2. Solicitors Every solicitor residing in the city of New-York New-York and shall have an agent residing in the city of Albany, and agents. every solicitor residing in the city of Albany shall have an agent residing in the city of New-York, and all solicitors residing elsewhere shall have two agents, the one residing in New-York and the other residing in the city of Albany. That no person shall be an agent, unless he shall be a clerk or solicitor of this court. That if a clerk is appointed agent, he shall be entitled to receive fees for all duties performed by him by law 3. Every ap- as clerk; and every appointment of an agent shall be an agent to be in writing, signed by the solicitor, and filed in the of signed by the fice of the register or assistant register where the 4. The regis- agent shall reside; and the register and assistant reregist'r to have gister shall have the names of the respective agents, the respective and of the respective solicitors appointing them, and licitors written the latter in alphabetical order, entered in a book to be in order. kept in their offices for the purpose. (s)

pointment of

in writing,

solicitor.

ter or assistant

the names of

agents and so0

4. Services on

the agent in

to be as valid

licitor.

That except services during vacation, in suits where certain cases the solicitors for the respective opposite parties live in as on the so- the same county, services on the agent shall be as valid in all cases as if made on the solicitor himself, and if there be no agent, the service of the notice may then 5. When the be on the clerk in court. That where the service is

service is on

clerk, shall be

time of service.

the agent or on the agent or clerk, it shall be double the time of serdouble the vice which would be requisite if the service was on the solicitor himself; and that all services on agents or clerks shall, during a term, be in the city where the terin shall be held.

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notices in the

cities of Newbany on agents siding more

York and AL

The service of all notices in the cities of New-York 6. Services of or Albany, on agents or solicitors residing more than sixty miles westward or northward of the city of Albany, shall be made twenty days instead of eight days, prescribed by the 46th rule of this court. (t)

or solicitors re

than 60 miles.

7. Persons competent to prosecute of

a

No person other than an officer of this court shall be permitted to prosecute or defend in proper person, unless he shall first obtain an order for that purpose. Pred suit. That when a suit is so prosecuted, all notices and other papers, may be served or delivered by the opposite party at the office of the clerk, or on the party so prosecuting or defending, at the election of the party serving or delivering the same. (u)

8. Counsellors,

to practice.

Counsellors are retained to plead the causes; they are admitted by the chancellor, on examination, but how admitted no person can be admitted as a counsellor unless he has practised two years as a solicitor: but counsellors in the supreme court, of at least two years standing, may be admitted as counsellors upon examination. (v)

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Stated terms of the court.

TERMS OF THE COURT.

THE stated terms of the court are, at the city of New-York, the 2d Monday of June, and last Monday of September.

At the city of Albany, the 2d Monday of November, and 3d Monday of January. (a)

The act concerning the court of chancery, passed the 10th of April, 1813, provides, that a court of chancery shall be held at least twice in the city of Albany, and twice in the city of New-York, in every year, and at such other times as the chancellor shall think proper; and that the chancellor shall appoint the time for holding the said courts, and alter the same as he thinks the public convenience may require. Provided, that no alteration shall take effect until at least one term of the said court shall have intervened after the time when the alterations shall have been made; and provided, further, that terms of the said court shall continue and be held at least eight days, and longer if needful. (b)

COMMENCEMENT OF A SUIT, AND ORIGINAL BILL,
Special Contents.

Of the commencement of a suit and of the original bill.

I. Process not to issue till bill filed.

II. Cases of bills of injunction excepted.

a) 1 R. L. 486. 3 W 27. s. 1.

(b) 86th Rule of court.

III. A bill must call all the necessary parties before
the court.

IV. A bill is to be fairly and legibly written.
V. Paper may be used instead of parchment.
VI. Bill to be signed by solicitor and counsel.
VII. All process and proceedings to be filed with
the clerk, &c.

VIII. Parts of an original bill.

IX. Divisions of bills.

X. Definition of bills.

XI. An original bill.

XII. Bill of interpleader.

XIII. Bill of certiorari-not in use here.

XIV. Bill to perpetuate testimony of witnesses.

XV. Bill of discovery.

XVI. Bill of quia timet.

XVII. Bill of peace.

XVIII. Bill of information.

XIX. Supplemental bill.

XX. Bill of revivor.

XXI. Bill of revivor and supplement.

XXII. Cross bill.

XXIII. Bill of review.

XXIV. Bill in the nature of a bill of review.

XXV. Bill impeaching the decrees of the court on the
ground of fraud.

XXVI. Bill to carry decrees into execution.
XXVII. Bill in the nature of a bill of revivor.

XXVIII. Bill in the nature of a supplemental bill.

XXIX. Bill to suspend the operation of decrees.

XXX. Bill filed by the particular direction of the court.
XXXI. Bill for dower or a partition.

XXXII. Bill to marshal securities.

XXXIII. Bill to marshal assets.

XXXIV. Bill to foreclose a mortgage.

Commencement of a Suit, and Original Bill.

A SUIT in the court of chancery is commenced by filing a bill.

In England, notwithstanding the existence of a stal

1

ute to the contrary, the suit is usually commenced by til bill issuing a subpoena, which is taken out before the bill

No process to filed.

2

is filed. But here it is provided by law that no subpœna or other process for appearance shall issue out of the court of chancery until after the bill is filed with Cases of bills the proper officer, except in cases of bills for injuncto stay waste, tions to stay waste or to stay suits at law, and that no or suits at law excepted. injunction shall be issued in any case until the bill is filed. (a)

of injunctions

3

It would seem from the wording of the statute, that although you may not issue an injunction before the bill is filed, yet that in an injunction cause a subpœna may be issued; but the practice is not to issue process in any cause until the bill is filed.

The bill must call all the necessary parties, however To call all the remote in interest, before the court, and none are parties but those against whom process is prayed.*

the court.

4

Bills and an

swers to

A bill must be fairly and legibly written, as must all other proceedings, in default of which the officers of be the court will not receive the same;(b) and by the act of the 10th of April, 1813, it is provided that it shall be lawful to use paper instead of parchment in all proceedings of this court. (c)

fairly and legibly written.

5

Paper used in

stead of paroh

ment.

The bill, except in special cases, which will be mentioned hereafter, need not be sworn to, nor is it necessary that it should be signed by the party, but is commonly signed by the solicitor and counsel, and he who is both solicitor and counsel may sign it in both capacities, but Persons acting for the sake of bills of costs it is usual to put different ties to receive names to it as solicitor and counsel, because if one perfees only in ame.

6

in two capaci

The want of proper parties is not a good plea if the bill suggests that such parties were out of the jurisdiction of the court. 2 Cranch, 220.

Nor is the want of proper parties a sufficient ground for dismissing a bill. Idem.

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