June 17, 1818.

Ordered, That so much of the rule of the 1st of November, 1816, as authorizes the taxing master to make allowances beyond the specified provisions in the fee bill, to masters for extra services, without any previous directions in the case by the Chancellor, be repealed.

July 2, 1818.

Ordered, In addition to the 33d printed rule, it is ordered, that where the complainant shall set down the cause for hearing at the first or any term after the same is in readiness to be set down, but shall not bring the same to a hearing at such term, nor show any good cause to the court at the time for not doing so, it shall be considered a default in the complainant, so as to authorize the defendant on making and filing an affidavit thereof, to enter an order for leave to set down the cause in the same manner, or to the like effect, as though the complainant had omitted to set down the cause at the first term after it was in readiness.

Ordered, That whenever a party shall set down a cause for hearing, and give notice thereof, and shall neglect to bring the same to a hearing at the term in which it shall be so set down, or show good cause to the contrary to the satisfaction of the court, the opposite party shall be entitled to costs for attendance on the court upon such potice to be taxed,

ABATEMENT,

INDEX.

No suit in Chancery to abate by reason of the death of a complain-
ant or defendant. See Motion for an Amendment,

ACCIDENT. See General Jurisdiction of the Court
ACCOUNT. See Concurrent Jurisdiction

ADMINISTRATORS,

Their compensation

ADMINISTRATION OF ASSETS,

When the Court will direct them to be marshalled

ADULTERY,

c.

215

2

1

Ap. 32

55

Injured party may apply to the Chancellor for a divorce

358

If Adultery be proved, a divorce a vinculo matrimonii awarded 359
Adultery of the wife works a forfeiture of dower, &c.
ADVERTISEMENTS. See Sales.

361

316

AFFIDAVITS,

Of the service of subpoena

Of receiving no notice of appearance

Of the service of an order on the defendant

Of the service of subpoena on the wife of the defendant
Of proving the absence of the defendant from this state
Form thereof

74

75

79

82,99

90

91

Of the publication of an order by the printer

93

Of the service of notice of motion for leave to amend complain-
ant's bill

212

Of the service of notice of motion, and certificate for the dis-
missal of complainant's bill

Of the regularity of proceedings in foreclosing a mortgage
Of the guardian of infants to his petition

To obtain a commission of dedimus, &c. to take an answer

Of the service of a subpoena from the confession of a defend-

ant

Ap. 33

Of the defendant and his solicitor, for enlarging publication Ap. 33
Of serving an order to confirm a report nisi
ib 34

R

Of having discovered new matter for a bill of review

ib ib

To ground an application for a commission to examine wit-
nesses abroad

ib 37

Ap. 38

39

Ap. 39

Ap. 40

ib

In support of a petition or motion to enlarge publication
Of the service of an order nisi for confirming a report
Of service of a subpœna to obtain an injunction to stay pro-
ceedings at law

Of service of a subpoena to testify

To ground an application for a commission to examine wit-
nesses abroad

AGENTS,

L

The duty of the register and assistant register in relation to
the names of them

Solicitors residing in New-York and Albany to have agents
Every appointment of an agent to be in writing and signed by
the solicitor
Services on the agent in certain cases as valid as on the so-
licitor

When the service on the agent or clerk shall be double the
time of service

ib

Services of notices in the cities of New-York and Albany on
agents or solicitors residing more than sixty miles

17

AGREEMENTS,***:

Specific performance of them

ALLOWANCE: See Guardians, Executors, and Administrators.

In cases of adultery, wife entitled to a suitable allowance

After an appearance of an absent defendant to answer in
eight days

99

If defendant neither demurs nor pleads he must answer
Answer to be signed by the party, his solicitor and counsel
Defendant to have six weeks to answer

117

118

118

Answer of one defendant no evidence against another
The whole answer to be taken together

If defendant submits to answer he must answer fully

To answer specially to special charges

If the fact is charged to be within the defendant's personal

119

ib

ib

ib

knowledge to answer positively

120

The form of an answer

123

Form of an answer to a petition of appeal

191

Form of an answer to a bill of divorce

369

Order to issue a dedimus to take an answer abroad

426

A case where otherwise

Practice and proceedings on appeals before the Court of
Errors

Copy of an appeal to be served on the opposite party

Deposit of $100 to be made with the register or assistant re-

gister

ib

ib

177

ib

ib

178

ib

Register's lien on the deposit

ib

Form of an appeal

179

180

Preparing transcripts for the Court of Errors

ib

Necessity of them

181

Printed case for the Court of Errors

182

Proceedings in the Court of Errors

183

Petition of appeal

ib

Of compelling the appellant to present his petition

186

Motion that the respondent answer

187

Of an answer to the petition on appeal

ib

Form of the order that appellant present the petition of ap-

Of setting down the cause, and of hearing in the Court of
Errors