t Mortgaged premises, or safely sell the same for the payment and satisfaction of the said principal and interest moneys so as aforesaid due to your Orator on the said bond or obligation, and Indenture of Mortgage in manner oforesaid. To the end therefore, that the said C. D. and E. his wife, (and their confederates when discovered,) may upon their several and respective corporal oaths, true, full, and perfect answers make to all and singular the said premises as fully and particularly, as if the same were here again repeated, and they thereto particularly interrogated according to the best of their respective knowledge, information, remembrance, or belief; and that the said C. D. may be decreed to pay to your Orator the said principal sum of one thousand dollars herein before mentioned and expressed, and so due on the said bond or obligation and Indenture of Mortgage herein before mentioned and set forth as aforesaid. And all the interest money now due, and to grow due thereon, together with all your Orator's costs and charges in this beha sustained, by a short day to be appointed by this Honorable Court; and in default thereof, that the said C. D. and E. his wife, and each of them, and all persons claiming or to claim under them, or either of them, may be foreclosed of and from all equity of redemption and claim, of, in, and to the said Mortgaged premises, and every part and parcel thereof, with the appurtenances, and may deliver over unto your Orator all deeds, demises, and writings whatever, relating to or concerning the same; and that all and singular the said Mortgaged premises with the appurtenances, may by the order and decree of this Honorable Court, be sold, and out of the moneys arising from the sale thereof, your Orator may be paid the full amount of the principal sum of one thousand dollars, herein before mentioned and expressed, and so due to your Orator as aforesaid on the said bond or obligation and Indenture of Mortgage in manner aforesaid: and all the interest money due, and to grow due thereon, together with all your Orator's costs and Charges in this behalf sustained and that your Orator may have such other and further relief in the premises as to your Honor may seem proper, and shall be agreeable to equity and good conscience. May it please your Honor, the premises considered, to grant unto your Orator the most gracious writ of Subpoena of the people of the state of New-York, issuing out of and under the seal of this Honorable Court, to be directed to the said C. D. and E. his wife, therein and thereby commanding them and each of them on a certain day, and under a certain penalty therein to be inserted, personally to be and appear before your Honor, in this Honorable Court, then and there to answer all and singular the said premises, and to stand to and abide by such order and decree, therein, as to your honor shall seem meet and shall be agreeable to equity and good conscience, And your Orator will ever pray, &c. F. H. Solicitor, for Complainant. UPON filing the bill, the clerk in court issues the subpoena, the form of which is given in the second rule of the court. (a) 1 Patent &c. As to all other proces of the court it is patent, and under the seal. of the court. issues under the seal of the court. (b) 2 Number of names in each subpœna. 3 When tested and made returnable. Of the names of the defendants there is no limited number to be inserted in each subpoena in the same cause. (c) There appearing no law or rule of court prescribing that there shall be any time between the test and return of the subpoena, and the Officina Justicia being, always open, it is presumed it may be issued, tested, and made returnable at any time. If the subpoena is returnable immediately, the defendant hath four days exclusive of the day of service to appear. (d) (a) 2d Rule, post p. 70. (c)78 Rule. (d) 4 Rule, 1 Har. 170. in notis. The return day is commonly called the appear ance day. 4 The time of The subpoena must be served on or before the ap-serving it. pearance day, but like all other civil process, it cannot be served on a Sunday. (e) of serving it. 5 The service may be either by the delivery of the The manner subpoena or a copy thereof, showing the original at the time of such delivery to the defendant or his wife, or servant, at his dwelling house or usual place of abode. (f) If the service of the subpoena is by copy, it must Service by be inscribed," copy," and subscribed by the complainant or his solicitor with his name. If the defendant appears, it cures all irregularities in the service of the subpoena. (g) copy. 6 7 8 vice to be made The service at any period of the return day of the When sersubpoena before 12 o'clock at night is deemed good service. (h) mother. 9 The service of a subpoena upon the mother or father- Service on a in-law of an infant, has on a motion for that purpose been allowed, as where the mother secreted the infants, parties to the suit. (i) 10 Service of a subpoena upon a defendant's clerk in On the clerk. court where he is beyond the jurisdiction thereof, is not allowed to be good service. (j) 11 dant be in prison how ser If the defendant be a close prisoner, service of the If the defenbody of the writ on the turnkey seems sufficient. (k) Wherever a person is called upon to answer for a contempt, the court exercises its sound discretion on the subject; and considers whether the parties acted under a mistake or contumaciously towards the court.(1) vice made. How to ob- In order to obtain a subpoena, let a præcipe be delivered to the clerk in the following form: tain a subpœ na In Chancery, A. B. Plaintiff, Between and Precipe. Form of the subpœna. (m) C. D. Defendant, Subpoena ad respondendum, returnable 3d Monday in Sept. next, issued the day of 1818. E. T. Solr. Form of the Subpæna. The People of the State of New-York, by the Grace of God, free and independent, to Greeting, We command you that you personally appear before our Chancellor, in our court of Chancery, on wheresoever the court day of shall then be, to answer to a bill of complaint exhibited do further and receive what our said court shall have year of our Independence. A. B. Solr. of Elmendorf, Clerk. (m) 2 Rule, |