25th. That the interrogatories as well direct as cross, which either party shall exhibit, together with such instructions as either party may choose to give the commissioners, relative to the execution of the commission, shall accompany the commission when sent to the commissioners, and the party who shall sue out the commission, shall have the carriage thereof, but if he shall neglect to proceed to the execution thereof, or unnecessarily delay the same, the other party may proceed thereon, and cause the same to be executed and returned.

26th. [Repealed, see rule 63.]

27th. That after publication has passed, and the depositions delivered, if either party wishes to examine to the competency or credit of any of the witnesses examined in the cause, he shall be at liberty to file articles with his clerk in court as of course, and shall furnish the adverse party with a copy thereof, and with notice of his intent to examine to the competency or credit of any witness before examined in the cause, specifying which; and shall thereupon be at liberty to sue out the commission to take the testimony, or examine before an examiner, as in other cases provided. That unless such notice and copy of the articles shall be given to the adverse party, within fourteen days after obtaining a copy of the depositions, the cause shall not be delayed on account of such examination.j

28th. That instead of showing witnesses prior to an examination, it shall be sufficient to give the adverse party two days notice, exclu. sive of the day of service, of the examination of such witness, describing his name, place of abode, and addition.

29th. That the examiners, after taking the depositions to all the interrogatories to which the witnesses examined can depose, shall add one general clause, indicating that to the remainder of the interrogatories, the witness cannot depose, (where there are any so circumstanced,) without especially enumerating all the interrogatories so as to swell the proceedings unnecessarily.

30th. That when a matter is refered to a master to examine and report upon, he shall assign a day and place to hear the parties, not less than four days exclusive, and the party obtaining the reference shall serve the adverse party at least three days exclusive before the day assigned, with a summons requiring his attendance at such time

and place, and make the proof thereof to the master, and thereupon, if the party summoned shall not appear to show cause to the contrary, the master may proceed exparte, and if the party serving such summons, shall not appear at the time and place, or show cause why he does not, the master may either proceed exparte, or the party obtaining the summons, and not appearing, shall lose the benefit of the reference at the election of the other party.

31st. That every cause shall be deemed at issue on filing a replication. That notice of bringing causes to a hearing, including the bringing on the argument of a plea or demurrer, and the argument on exceptions to a master's report, shall be served by the solicitor of the party who sets down the cause or brings on the argument, on the solicitor of the adverse party; if the adverse solicitor resides in the county where the court is to be held at the time of the argument, the notice shall be served eight days exclusive, and if in any other county, fourteen days exclusive, before the day of hearing or argument. That all causes, including pleas and demurrers, shall be set down for hearing for the first day of the term, if there be time for that purpose, or for as early a day in term as circumstances will permit.

32d. That the solicitor for the party setting down the cause for hearing, shall furnish the register, or assistant register, at the time of setting down such cause, with a note of the time the issue is joined, which shall be entered on the calendar; in default whereof, the cause set down without such note, shall always be deemed the junior cause, and lose its priority.

33d. That if the complainant neglect to set down a cause, and bring the same to a hearing at the first term after the same is in readiness to be set down, and an affidavit of such default shall be made and filed in the register's or assistant register's office, an order may be entered that the defendant be at liberty to bring on the same at any time thereafter, and if the defendant shall set down the cause as aforesaid, and the complainant shall not appear to argue the same, the bill shall be dismissed as of course; but if the complainant shall'appear, unless the complainant has also set down the cause, the defendant shall have a right to open and close the argument.

34th. [Repealed, see rule 83.]

35th. That every final decree of this court shall be made up, and engrossed by the register or assistant register, to be signed by the chancellor, at any time after thirty days of the pronouncing the same, if required by either of the parties, unless the same shall be appealed from, or a re-hearing be petitioned for before it shall be made up; and that no process be issued, or other proceedings had on any final decree, until the same shall have been enrolled.

36th. That an appeal regularly entered before a decree is perfected, shall prevent the issuing of process thereon, until the appeal be heard and determined.

37th. That a party appealing from any decree or order of this court, or any part thereof, shall state the same in writing to the court, and deliver the same to the register or assistant register of the court, within the time prescribed by law; distinguishing whether the appeal is from the whole or part thereof, and if from a part, briefly describing the part appealed from. That such writing be signed at least by one counsel, if a solicitor or counsel has been employed for the party appealing, and that a copy thereof be served on the solicitor of the adverse party, if he has prosecuted or defended by a soli✩ citor; or if he has not, then on his clerk in court, within eight days after exhibiting the same in court; and that the party appealing deposit one hundred dollars with the register or assistant register, at the time of making such appeal, to answer the costs of the opposite party, if the appellant shall not prosecute the same to effect in default of serving a copy of such writing and making such deposit, such appeal shall be deemed to have been waived, and proceedings shall thereupon be had, as if such appeal had not been made. See rule 79.]

38th. That whenever an appeal shall have been filed, the register or assistant register shall, with all convenient speed, cause the necessary transcripts to be made, at the expense of the appellant, (who shall be liable to pay for the same in the first instance,) and shall transmit the same to the clerk of the court for the trial of impeachments and correction of errors.

39th. That every petition for a re-hearing shall contain the special matter or cause on which such re-hearing is applied for, be signed by two counsel, and the facts therein stated; if not appearing from

the proceedings in this court, shall be verified by an oath of the party, or some other person; and a petition for a re-hearing shall never be deemed too late, until the decree is actually engrossed and signed by the chancellor, and filed. [See rule 70.]

40th. That a copy of every petition for a re-hearing, and every other petition, and of every certificate or affidavit relating to any matter pending in court, or on which a final order is sought, shall be served on the adverse party, with a notice of presenting the same; and the motion to be founded thereon at least four days before the day of presenting the petition, or making the motion thereon; otherwise the party presenting the petition, affidavit, or certificate, shall only be entitled to an order nisi.

41st. That no injunction other than to stay proceedings at law shall hereafter issue, but on motion or petition to the chancellor for that purpose. That no injunction to stay proceedings at law, or writ of ne exeat shall hereafter issue, but on like motion or petition; but that in the absence of the chancellor, such master permanently residing in the city of New-York, and such master permanently residing in the city of Albany, and such master permanently residing in or near the village of Utica, in the county of Oneida, as the chancellor shall for that purpose by order designate; or if such designation shall not have been made, or the master at any of the said places so designated shall die, be incapable by reason of sickness or other contingency of acting, or absent from the city or place in which he resides, then the senior master permanently residing in such city, and the master residing in or nearest to the village of Utica, in the county of Oneida, shall respectively exercise the power of certifying that writs of injunction to stay proceedings at law, or writs of ne exeat ought to issue; and ascertaining the sum in which the party on such ne exeat ought to be held to bail, and that unless the party obtaining any such writ, shall within six weeks after the date of the master's certificate in consequence of which such writ issued, obtain an order for continuing the same from the chancellor, such writ shall be dissolved or discharged of course, without further order. [Amended, see rule 75.]

42d. That an injunction shall not issue to stay proceedings at law, in any personal action in which a verdict shall have been given, unless a sum of money equal to the amount for which the verdict was given, with costs of suit, shall be first deposited by the party praying such

injunction; and that no injunction shall issue to stay proceedings at law, in any mixed action after verdict, unless the party praying the same shall deposit such sum of money as shall be at least equal to the costs of the plaintiff accrued in such suit.

43d. That whenever a cause shall be at issue in any court of common law, no injunction shall issue to stay a trial at law, unless such injunction shall have been actually taken out thirty days previous to the sitting of the court, in the county in which the trial is to be had, unless special cause shall be shown to the chancellor, or unless it shall appear to the master certifying that an injunction is proper, that the cause for issuing such injunction has arisen within thirty days; and that the bill was filed, and the injunction applied for, within a reasonable time after the complainant was appris ed of the circumstances on which his application is founded. And in such case an injunction shall not issue, unless the person applying for it shall deposit one hundred dollars to be taken out of the court in the whole or in part by the defendant in equity, as the court shall order on motion, as a compensation for the charge and expense of preparing for the trial at law, if it shall appear that such party has been improperly delayed.

44th. That for the purpose of having guardians appointed for in. fants, a petition may be presented by such infants, if above the age of fourteen years, or by some person on their behalf if under that age, praying such appointment. That previous to the presenting the same to the chancellor, the persons petitioning may apply to any of the masters of this court, residing in any county of this state, who shall by inspection or otherwise ascertain the age of such infant, and if such infant is of the age of fourteen years or above, shall examine such infant as to his nomination of a person for a guardian-shall ascertain the competency of the persons proposed as guardians, the amount of the property to which the infant is entitled, distinguishing between the real and personal estate-the annual value of such real estate, the amount of the surety to be given for the faithful performance of his trust as guardian, and the names, descriptions, and competency of the sureties offered. That the master making such inquiries, shall annex a report containing all those particulars to the petition, without any previous reference for that purpose; to the end, that thereupon an order may be made upon producing such petition and report to the chancellor, for the appointment of such guardian.