Acknowledgment of mortgage where one of the parties is known and the other proved by a witness. State of New-York, ss. I, I. H. one of the Commissioners for the state of New-York, do certify, that on the day of 1818, personally appeared before me, A. B. and C. D. his wife, being known to me to be the parties described in, and who executed the within instrument of writing, the former by my personal knowledge of him, and the latter being proved to my satisfaction by the oath of E. F. of the city of 'New-York-and they duly acknowledged that they did execute the same; and the said C. D. being examined by me privately and apart from her said husband, confessed, that she did execute the same freely, voluntarily, and without any fear or compulsion of her said husband, which being to me satisfactory evidence of its execution, I do allow it to be recorded. I. H. Commissioner. Proof of mortgage or deed by a single person known to the Commissioner. State of New-York, ss. day of I, I. H. one of the Commissioners for the state of New-York, do certify, that on the 1818, personally appeared before me, A. B. known to me to be the person described in, and who executed the within instrument of writing, who duly acknowledged that he did execute the same, I do allow it to be recorded. I. H. Commissioner. Proof of a mortgage or deed by a witness where the parties reside out of the state. State of New-York, ss. I. H. one of the Commissioners for the state of New-York, do certify, that on the day of 1818, personally appeared before me, A. B. one of the subscribing witnesses to the within instrument, to me known, (or proved to my satisfaction by the oath of C. D. to me known,) who being duly sworn, did depose and say, that he was present and did see the within named A. B. and C. D. execute the same as their voluntary act and deed for the uses and purposes therein mentioned, and that the said parties reside out of the state, (to wit,) in the state of which being to me satisfactory evidence of its due execution, I do allow it to be recorded. I. H. Commissioner. Acknowledgment of the satisfaction of a mortgage where the party is known. State of New-York, ss. I, I. H. one of the Commissioners for the state of New-York, do certify, that on the day of 1818, personally appeared before me, A. B. whose name is subscribed to the above certificate to me known, who duly acknowledged that he executed the same; I do therefore allow the said mortgage to be cancelled. I. H. Commissioner. If the party is not known to the commissioner, he must be proved in the like manner as in the acknowledgments of mortgages or deeds. Certificate to cancel a mortgage, to be signed by the mortgagee, in the presence of two witnesses. I, A. B. of the city of New-York, merchant, do certify, that a certain mortgage from C. D. of the city of New-York, and E. F. his wife, to me, bearing date the 1818, and registered in the office of the clerk of the city and county of NewYork, in Lib. No. of Register of Mortgages, p. day of the day of off and discharged. Witness. G. H. I. K. 1813, hath been fully paid A. B. Certificate to cancel a mortgage by an executor or administrator who is known to the Commissioner. I, A. B. of the city of New-York, executor or administrator of C. D. do certify, that a certain mortgage from of the city of New-York, and his wife, to the said C. D. bearing date the 1818, and registered in the office of the clerk of the city and county of New-York, in Lib. No. of the Register of Mortgages, p. the day of day of A. B. 1817, hath been fully paid off and discharged. Witness, G. H. J. K. APPENDIX. RULES AND ORDERS, &c. 1st. ORDERED, [repealed, see rule 77.] 2d. That all process of subpoena to appear and answer shall be in the following form: 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 the the said court shall then be, to answer to a bill of complaint ex day of wheresoever and to do hibited against you in our said court, by further and receive what our said court shall have considered in that behalf; and this you are not to omit under the penalty of two hundred and fifty dollars. Witness, our said state, at the city of Sol'r. in the chancellor of the day of year of our independence. Clerk. 3d. That the names of four defendants, and no more, (husband and wife being considered as one person,) in the same cause may be inserted in each subpoena, and that the service thereof may either be by the delivery of the subpoena or a copy thereof showing the original at the time of such delivery to the defendant, or to his wife or servant, at his dwelling house or usual place of abode; that sucli copy shall be inscribed "copy," and subscribed by the complainant, or his solicitor, with his name. [Amended, see rule 78.] 4th. That such subpoena shall be served on or before the appear. ance day; and if the defendant resides in the city of New-York or in the city of Albany, and the subpœna is served four days before the appearance day, the appearance shall be entered four days exclusive of the day of service; but if the defendant does not reside ic Α |