twenty days instead of eight days, presribed by the 46th of the general rules of this court.

Albany, December 18th, 1809.

70th. Ordered, That in all cases submitted by the consent of parties without argument, a re-hearing shall be granted of course, if either party is dissatisfied with the decree or order made in such case, and shall apply therefor before the end of the term succeeding that in which such decree or order shall be made.

New-York, October 26th, 1811.

71st. Ordered, That in future whenever any money is ordered to be paid by the register or assistant register of this court for costs, the duplicate receipt of the solicitor receiving the same, endorsed n a copy of the taxed bill of costs, shall, with the receipt entered in the ordinary receipt book of such register or assistant register, be the exclusive evidence of such payment in passing the account of such register or assistant register.

Albany, January, 28th, 1812. 72d. Ordered, That whenever a master in chancery shall sell mortgaged premises in pursuance of a decree of this court, by virtue of a mortgage, it shall be the duty of the complainant, or of such master, before he executes a deed to the purchaser, to file suck mortgage in the office of the register or assistant register of this court, unless the mortgagee or holder of such mortgage shall prefer to have it recorded at length in the county or counties where the land so sold shall be situated, in which case it shal be the duty of the mortgagee, or holder of such mortgage, to cause the same to be so recorded, before the master selling the mortgaged premises shall give a deed to the purchaser of such mortgaged premises, the expense of which filing or recording, and entry thereof, shall be allowed in the taxation of costs, and the register or assistant register shall make an entry in the minutes of the filing of every such mortgage, and the time thereof: this order, however, not to extend to proceedings on a mortgage appearing by the pleadings or proof in the suit thereon commenced to have been lost or destroyed.

Albany, February 22d, 1813.

73d. Ordered, That all orders on or relating to petitions, refer to such petitions by the names or descriptions of the petitioners, and the

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dates of such petitions, if the same be dated only, without reciting or setting forth the substance of the subject matters of such petitions.

New-York, May 18th, 1814.

74th. Ordered, That whenever hereafter a master shall advertise mortgaged premises for sale under an order of this court, and the defendant shall pay the amount due before sale, the master shall be allowed balf commissions on the amoun reported due.

New-York, June 24th, 1814.

75th. Ordered, That so much of the 41st rule of this court, as requires the party obtaining a master's certificate for an injunction to apply within six weeks thereafter for the chancellor's order to continue it, be repealed; but that the defendant may, as well before as after answer, on due notice, and upon the matter of the bill only, move the chancellor for a dissolution of the injunction.

Albany, January 24th, 1815.

76th. Ordered, That after the first day of March next, all notices for special motions, served on solicitors residing above sixty miles from the place where the motion is to be made, shall be served at least eight days before making the same, exclusive of the day of service, instead of four days as heretofore prescribed by the 53d rule of the 7th June, 1806.

New-York, June 13th, 1815.

77th. Whereas the chancellor is authorised to devise an additional seal for the court of chancery, to be deposited in some convenient place in the Middle District—It is therefore ordered, that Alexander Forbus of Poughkeepsie, in Dutchess county, attorney at law, be and he is hereby appointed a clerk of this court, and that he forthwith devise and submit to the chancellor an additional seal for the said court, containing some inscription or initials designating it as a seal for the Middle District. and resembling in other respects the seals now in use; and that the said seal, when approved of by the chancellor, be deposited at Poughkeepsie aforesaid, with the said Alexander Forbus. And it is further ordered, that the seal heretofore deposited at Utica, be kept by Richard R. Lansing, one of the clerks of this court.— And whereas the deposit of papers, with different clerks residing

in the same place is found to be of no public utility, and tends to inconvenience in the unnecessary separation of papers-It is therefore ordered, that all process be issued, and all pleadings and proceedings whatsoever, which are to be filed or entered with a clerk, be filed or entered with a clerk having the custody of a seal; and that all records, books, and papers which relate to business in this court, and which are or may be in the custody or care of the clerks in the cities of New-York and Albany, who have not the custody of the seal, shall on or before the first day of July next be delivered over to the clerks in those cities respectively with whom a seal is deposited; and that Francis A. Bloodgood, one of the clerks at Utica, within the same time, deliver over the seal, together with the records, books and papers in his office relative to the business in this court, to the said Richard R. Lansing; and that the functions of the clerks not having seals shall thereafter cease. And it is hereby specially enjoined on the clerks of this court, to keep their offices open for business in the usual business hours, and to see that no process pass a seal without being duly warranted; and to furnish with promptitude to the party applying, copies of pleadings and other papers, written in a fair legible hand; and the ist rule of the 7th of June, 1806, and so much of any other rule as is repugnant hereto, is repealed.

78th. That so much of the 3d rule of 7th of June, 1806, as limits the number of names of the defendants in the same cause to be inserted in each subpoena, be repealed.

79th. That the deposit of one hundred dollars under the 37th rule, is hereby declared to be subject, prior to any other lien, to the charges of the register or assistant register, for making out the neces sary transcripts on appeal.

80th. That the term of January be substituted for the term of March, mentioned in the 45th rule.

81st. That each of the clerks of this court shall provide or continue to keep, a folio register, well bound and lettered, and therein shall enter the title of all causes in court, and the proceedings and entries therein so far as the same relate to their office, which book shall be considered as part of the property of their respective offices, and go

with the other papers and documents relating thereto; and the 49th rule of the 7th of June, 1806, is repealed.

82d. That the clerks and examiners, after final hearing of a cause, shall deposit with the register or assistant register, with whom the decree may be entered, all the original pleadings, interrogatories, depositions, exhibits, and other proceedings filed or lodged with, or taken before them in the same cause, making a minute in their register of the delivery of such papers; and that it shall be the duty of the register or assistant register, with whom the decree may be entered, to require the same to be delivered to him as soon as may be, after the decree shall have been pronounced. That the register or assistant register, with whom a decree final shall be entered shall cause the same to be made up in proper form and engrossed, together with all decretal orders, reports, and other proceedings in the cause, (and copies whereof the register and assistant register shall mutually transmit to each other when necessary for that purpose,) and shall make out a brief and connected history of such proceedings which having been signed by the chancellor, and countersigned by the register or assistant register, and annexed to the bill, answer, and other proceedings in the cause, shall constitute the enrollment of such decree; and the 50th rule of 7th June, 1806, is repealed.

830. Whereas the practice of having a case furnished by each party, with his own abbreviation and view of the testimony, leads to great expense and some perplexity, without any adequate assistance therefrom; it is therefore ordered, that unless the parties agree upon a case to be signed by them respectively, and containing, with all requisite brevity, a statement of the pleadings and proofs, a case containing an abbreviation of the pleadings and no more, shall be furnished by the party who sets down the cause for hearing, and shall be delivered to the chancellor when the cause is brought to a hearing, each party at the same time furnishing the points on which he may think proper to rely. And if a cause be submitted without argument, upon the points merely, or upon written arguments, and no case be agreed on, it shall be the duty of the party who would have been entitled to set down the cause for hearing, to furnish the case, and in the taxation of costs no allowance shall be made for any case except for such as shall be agreed on or furnished as aforesaid; and the 34th rule of 7th June, 1806, is repealed.

84th. That in cases of adultery, common orders, which in other cases would be orders of course, may be entered of course in this action; provided, however, that no order as by consent, or for a reference, or feigned issue, or on the coming in of a report or verdict, shall be deemed an order of course. And on the coming in of the master's report or the verdict in cases of adultery, the cause shall be regularly set down for hearing at term preparatory to a final decree. And if an issue shall have been awarded to satisfy this court whether such adultery has been committed, and the verdict on such issue affirms the adultery, the complainant shall not be entitled to an order on the return of the postea, unless the judge before whom such issue shall have been tried shall certify that the verdict was supported by proof without, or in addition to the confessions of the party charged; and the 51st rule of 7th June, 1806, and so much of the 59th rule as is repugnant bereto, are repealed.

85th. That no person be permitted to practice as a solicitor in this court until three years after he shall have been admitted to practice as an attorney of the supreme court of this state, or unless he shall have served a clerkship of at least three years with a practising solicitor of this court, and shall at the time of commencing such clerkship have filed with the register or assistant register, a certificate thereof subscribed by the solicitor. And that no person be admitted to practice as a counsellor in this court until two years after he shall have been admitted to practice as a solicitor, or unless he shall be a counsellor of the supreme court of at least two years standing; and that every person to be admitted solicitor or counsellor shall (unless it be otherwise specially ordered) be previously examined before the chancellor, and if found competent, he shall be admitted, and not otherwise; and all former rules on this subject are repealed.

86th. That the stated terms of this court shall hereafter be held on the second Monday of June, and last Monday of September, at the city of New-York; and on the third Monday in January, and second Monday in November, at the city of Albany.

87th. That the register and assistant register be allowed, for moneys paid out of the court in cases not provided for by the fee bill of April 9th, 1813, for every sum not exceeding two hundred dollars, one per cent., and for all beyond that sum one quarter per cent. ; provided always, that this rule shall not be deemed to apply to mo