45th. That all guardians, receivers, and committees of lunatics or idiots, who have been or may be appointed by this court, if the clear annual value of the estate committed to their management exceeds the sum of three hundred dollars, shall once in every two years, and if of a less value, once in every three years, in the terms of March or September, exhibit to the court, and file with the register or assistant register, an account of their guardianships, or other trusts, and of the balance of money that may then be in their hands respectively, that this court may take proper order for the disposition and improvement thereof. That any such guardians, receivers, or committee may, if disposed so to do, render such account once in every year, during either of the said terms; and that the register or assistant register, who shall enter their appointment, shall, upon the appointment of any guardians, receivers, or committees, furnish them with a certified copy of this rule. [Amended, see rule 80.]

46th. That every solicitor residing in the city of New-York, shall have an agent residing in the city of Albany, and every solicitor residing in the city of Albany, shall have an agent residing in the city of New-York, and that all solicitors residing elsewhere, shall have two agents, the one residing in the city of 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, for which an allowance is provided for him by law as clerk; and every appointment of an agent shall be in writing, signed by the solicitor. and filed in the office of the register or assistant register, wherever the agent shall reside; and the register and assistant register shall have the names of the respective agents, and of the respective solicitors appointing them; and the latter in alphabetical order, entered in a book to be kept in their offices for the purpose. That except services during vacation, in suits where the solicitors for the respective opposite parties live in 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 be on the clerk in court, of the party to whom such notice is intended to be given. That where the service is on the agent or clerk, it shall be double the time of service 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 term shall be held. [Amended, see rule 69.}

47th. That all orders requiring a master to execute particular duties, or of reference, if without specification of a particular master, shall be deemed to apply only to the masters permanently residing in the cities of New-York and Albany; and that an order or reference to a master elsewhere, shall always be on suggestion, or on showing special cause for that purpose to the chancellor. That the masters shall not be allowed any fee, in taxation or otherwise, for copies of their reports furnished the parties; nor shall any such copy furnished by a master, be read as a certified copy in any proceedings to be had in the cause.

48th. That whenever sales shall be made by a master by order of the court, it the amount of such sale shall not exceed five thousand dollars, the master shall be entitled to one per cent. as a commission on such sale; if it exceeds five thousand dollars, and does not exceed fifteen thousand dollars, then he shall be entitled to one half per cent. for such excess, and for a larger sum, his commission shall be one quarter per cent.

49th. [Repealed, see rule 81.]

50th. [Repealed, see rule 82.1

51st. [Repealed, see rule 84.]

52d. That the Monday in every week during the vacations be assigned for the bearing of motions and petitions, if the chancellor is either in the city of New-York or the city of Albany. That no mo tions or petitions be made or presented on any other day excepting for orders for the issuing writs of injunction, or ne exeat, or unless there should be no time to finish the business offered on Monday; in which case it will be continued from day to day till the business is finished.

53d. That all notices for special motions be served at least four days exclusive of the day of service, before making the same. [Amended, see rule 76.]

54th. That no bill shall be filed for a complainant, not residing in this state, before security for costs, by a sufficient freeholder of the state, by a bond to the defendant in the usual form shall be given, and filed in the office of the register or assistant re

gister, unless a solicitor prosecutes the same; in which case the solicitor shall be deemed to have become security for costs if such bond shall not have been filed; and where at any time pending the suit the complainant shall remove out of the state, and the solicitor shall thereafter proceed in the cause before such security shall be given, he shall in such cases also be deemed to have become security for costs; but he shall not in any case be liable for an amount exceeding one hundred dollars, or where, if there shall be a plurality of complainants, one of them shall be resident in this state.

55th. That no person other than an officer of this court shall be permitted to prosecute or defend in proper person, unless they shall first obtain an order for the purpose. 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 of the party who prosecutes or defends in person, or on the party so prosecuting or defending, at the election of the party serving or delivering the same.

56th. That all deposits and payments of money in this court shall be made either with the register or assistant register, or in the bank in which such deposits are required by law to be made; and by procuring a credit to be entered in the register's or assistant register's bank book, for the amount thereof; and until such money shall have been so paid, and such credit entered, such payment or deposit shall not be considered as valid, so as to stay or affect any proceedings in this court.

57th. That when exceptions are filed to the defendant's answer, they shall be filed with the complainant's clerk; and when filed to a master's report, they shall be filed with the register or assistant register; and in every case the exceptions shall briefly and clearly specify the matter excepted to, and the cause thereof; and the exceptions shall be invalid as to any matter not so specified, and in every case, the party filing exceptions shall forthwith give notice thereof to the adverse solicitor, and when the exceptions are to the defendant's answer, the party excepting shall enter an order to refer the same to a master, unless he receives notice from the adverse party, wichin eight days of the time of his submitting to answer the exceptions: and if an injunction or ne exeat has issued on the prayer of the complainant, and he excepts to the defendant's answer for insufficiency, the complainant shall procure the master's report in fourteen days, or show cause why he has not done so, or the exceptions filed shall not prevent the dissolution of the injunction or ne exeat.

58th. That all summonses to attend a master, orders to confirm reports, or to show cause, or orders nisi, if made in any cause pending and undetermined, shall be served on the solicitor of the party, if a solicitor be concerned for him; but if no solicitor is concerned, the service may be on his clerk in court: But orders to confirm reports, where the parties have been notified to attend a master respecting the report, or where the defendants have not appeared, need not be served, but shall become absolute of course, unless cause be shown to the contrary.

59th. That every order for an attachment for not appearing-every order requiring a defendant to appear to a complainant's bill on proof of his absence from the state, or concealment therein-every order for a reference to a master, of exceptions to a bill or answer-every order that the defendant enter his appearance and file his answer in six weeks-and every order to which a party would, according to the practice of the court, be entitled of course, without showing special cause, shall be denominated a common order, and every other order shall be denominated a special order. That all common orders, and all orders by consent of parties, such consent being signed by the parties, if prosecuting or defending in person, or by the solicitor or counsel of the parties, and filed at the time of entering the same, (except in cases of adultery, in which no orders shall be entered as of course,) may be entered in term or vacation with the register or assistant register, at his office, in a book to be by him provided for the purpose, at the instance of the party, if he prosecutes in person, or of his solicitor at the peril of the party taking such order, and the day on which it shall be so entered, shall be noted in such book, and that all other motions shall be made in open court, as heretofore has been usual. [See rule 84.]

60th. That in every bill of costs offered for taxation, the several items of the fees of the officers of this court, composing part of such bill, shall be particuiarly detailed and not charged in gross; in default whereof, such fees shall not be admitted as part of the costs to be tax. ed.

61st. [Repealed, see rule 85.]

62d. That in case of the death, removal from office, or resignation of any examiner, in future the papers relating to his office be delivered to the register or assistant register, by the persons in whose custo

dy they shall remain at the time the event terminating the office occurs, those excepted on which a lien may exist for the fees of such examiner.

63d. [Repealed, see rule 86.]

64th. That all bills, answers, and other proceedings, and copies thereof, shall be fairly and legibly written; in default whereof, the register, assistant register, and clerks, shall not file such as shall be offered to them for that purpose.

65th. That all attachments, writs, and other process, (commissions for the examination of witnesses excepted,) and all proceedings under the same, be returned to and filed in the office of the register or assistant register of this court.

66th. That these rules shall operate from and after the first day of September term next, and not before.

67th. That all former rules entered for the government of the practice of this court (those regulating the form of process excepted) be

vacated.

New-York, July 15th, 1808.

68th. Whereas the 26th of the printed rules of this court is found inconvenient, wherefore the same is hereby nullified; and instead thereof, it is ordered, that copies of all interrogatories to be administered to witnesses by either party, shall be furnished to the opposite party before examinations thereon; that is to say, copies of all direct interrogatories shall be furnished six days before forwarding the commission to commissioners, or before the day assigned for the examination of the witnesses by an examiner; and copies of all cross interrogatories shall be furnished two days before forwarding the commission, or the day assigned for the examination by an examiner, as the case may be.

New York, April 12th, 1809.

69th. Ordered, That the service of all notices in the cities of New-York or Albany, on agents of solicitors residing more than sixty miles westward or northward of the city of Albany, shall be made