neys deposited under the 37th and 42d rules of 7th June, 1806.And it is further ordered, that the rules of 12th June, and 17th December, 1812, be repealed. 88th. That for the purpose of facilitating the appointment of guardians and other proceedings in behalf of infants in the special case of an application to the chancellor for the sale of their lands under the statute of the 24th March, 1815, the party acting in behalf of such infants may, previous to presenting a petition to the chancellor, apply to a master of this court residing in any county of this state, who shall examine in the truth of the facts on which the application is grounded, by ascertaining upon affidavit, or other proof, the age of the infants, the amount or value of their personal estate, the situation, quantity and value of their real estate, and the extent of the infant's interest therein; the facts and reasons rendering it necessary or adviseable to sell the real estate or part thereof; the competency of the person or persons proposed as guardians; the names, descriptions and competency of the sureties to be given by such guardians for the faithful performance of their trust; that the master making such inquiries shall, without any previous reference for that purpose, annex a report to the petition containing all those particulars, with his opinion thereon. That if upon the coming in of the petition and report, a sale of the infants' estate, in whole or in part, shall by the chancellor be deemed proper, the order to be entered thereupon shall, unless otherwise specially directed, be to the following ef fect: Ordered, That the said A. B. be, and he is hereby appointed guardian to the said infants, for the purposes in the petition mentioned, upon his executing a bond together with surety to the said infants, in the penal sum of as con ditioned, for the faithful and just performance by the said A. B. of his trust, as guardian to the said infants, under the act, entitled,' An act in addition to the act concerning infants,' passed March 24th, 1815, and for the observance of such orders as the chancellor shall make in the premises in relation to such trust; and upon his filing such bond with the register or assistant register of this court, after the same shall have been approved of as to its form and execution, by one of the masters of this court to be signified by his approbation endorsed thereon. And it is further ordered, that upon the bond being executed and filed as aforesaid, the guardian hereby appointed may sell all and singular the right and title of the said infants to the lands, &c. [here describe them, or refer to the petition or report describing them] and such sale may be public or private, as the guardian shall deem most advantageous for the infant, and not below what shall be deemed a fair and reasonable price, and upon such terms as to credit and security, as he shall deem safe and best for the interest of the infant; and that before any deeds are executed, the terms of sale shall be reported to the chancellor by the guardian in writing, and upon his oath, to be taken before a master or commissioner, to the end that the same may be passed upon by the chancellor before the sale be conconfirmed, and that he may make such order as he shall deem fit, touching the investment and disposition of the proceeds; and the party shall, at the same time, produce to the chancellor a certificate of the register or assissant register, of having filed the said bond. [If there be a widow living, then add] and if the widow entitled to dower shall be willing to join in the sale, and release her right of dower, she will be entitled, at her election, either to the payment of such sum in gross, arising from the sale, as the chancellor shall judge reasonable, in lieu of dower, or to the annual interest during her life, of one third part of the sum for which the lands in which she had a right of dower were sold." 89th. That orders and decrees made in term time be entered with the register or assistant register where the court is sitting; but orders and decrees made in vacation, may, unless otherwise specially directed, be entered with either the register or assistant register, as the convenience of the party shall dictate; but the caption that may precede the entry or copy of any order or decree, shall always state truly the place where the court was held when the same was made. 90th. That no amendment be allowed, as of course, under the 11th rule of 7th June, 1806, to a bill which has been sworn to by the party; and the 13th rule of 7th June, 1806, is hereby repealed. 91st. That on bills to procure a foreclosure, or satisfaction of any mortgage, if the same shall have been taken pro confesso, according to the rules and practice of the court, the complainant may thereupon, at any time, enter as of course, a rule for a reference to a master residing in any county of this state, to compute the amount due on the same; but every such cause shall be regularly set down for hearing at term upon the report, before a final decree, and shall have preference to other causes on the calendar. And in order to guard against collusion and oppression, it shall be incumbent on the complainant, on every such hearing, to show by affidavit or otherwise, to the satisfaction of the court, the regularity of the proceeding to take the bill pro confesso. 92d. That in every order or decree for the sale of mortgaged premises, the description and particular boundaries of the property to be sold, so far at least as the same can be ascertained from the mortgage, shall be inserted in such order or decree. Precedents of Executions in Chancery, approved by the Chancellor. 1. WRIT OF ASSISTANCE. The people of the state of New-York to the sheriff of the city and county of New-York, greeting. Whereas by a certain decree or decretal order in our court of chancery, in a certain cause there depending between complainants, and defend ants, made and entered at a court of chancery held for the state of New-York, at the city-hall of the city of New-York, on the third day of October, in the year of our Lord one thousand eight hundred and fourteen, it was amongst other things therein contained, ordered, adjudged, and decreed by the said court, that the said complainants, should be forthwith let into the possession of the premises mentioned and described in the deed of conveyance from the said defendant, to the said defendants bearing date the 25th day of November, in the year of our Lord one thousand eight hundred and five, mentioned and set forth in the pleadings and proofs in the said cause, and into the perception of the rents and profits thereof in arrear and unpaid, and thereafter to accrue and become payable; or that the said (certain trustees named) should be immediately let into the possession thereof, as trustees upon the trusts and to the uses in the said deed expressed and declared of and concerning the same. And that in case the said trustees, or the survivor of them, should take possession of the said premises, they or the survivor of them should receive and take the rents and profits thereof in arrear and unpaid, and which should thereafter accrue and become payable, in trust for and pay over the same from time to time, to the said complainants, or they the said trustees; and the survivor of them should permit the said com. plainants to take the said rents and profits. And whereas the said trustees have not been let into nor taken possession of the said premises, or of any part thereof, according to the tenour of the said decree. And whereas the said premises are situated in the first ward of the city of New-York; and there are upon the same premises a messuage or dwelling-house, fronting to Greenwich-street as aforesaid, in the tenure and occupation of and a ware-house, or building, in the rear of the said dwelling-house, and fronting on Washington-street aforesaid, in the possession of the said defendant. And whereas by an order of the said court of chancery, in the same before mentioned cause, bearing date the twentythird day of January, in the year of our Lord one thousand eight hunidred and fifteen, it was ordered by the said court, that our writ of assistance should issue to you the said sheriff, out of our said court, to put the said complainants in the possession of the said messuage or dwelling-house and ware house, or building and premises, and them the said complainants in such said posession thereof, from time to time, to maintain and defend: Therefore we command you, that immediately after receiving this writ, you go to and enter upon the said messuage or dwelling-house, and the said ware house or building, and all and singular the premises in the said deed from the said defendant to the said trustees, bearing date the twenty-fifth day of November, in the year of our Lord one thousand eight hundred and five, mentioned and described, and in this writ also mentioned and described, with the appurtenances; and that you eject and remove there from all and every person or persons, holding and detaining the same, or any part thereof, against the said complainants and that you put, place, and establish the said complainants or their assigns, in the full, peaceable, and quiet possession of all and singular the said messuage, or dwelling-house and ware-house, or building and premises, with the appurtenances, without delay, and them the said complainants in such possession thereof, from time to time maintain, keep, and defend, or cause to be maintained, kept, and defended, according to the tenour and true intent of the said decree and order of the said court, and this you are not to omit. Witness, D. JAMES KENT, Esq. chancellor of our said state, at the city of NewYork, the in the thirty-ninth year of our independence. day of 2. A writ of execution, in nature of a Ca. Sa. to compel the performance of a specific duty. The people of the state of New-York, by the grace of God free and independent, to the sheriff of the county of greeting. Whereas in the year of our Lord one thousand eight on the hundred and day of by a certain decree, made in our court of chancery, before our chancellor of our said state, at the city of in a certain cause therein depending, wherein A. B. is complainant, and C. D. is defendant, it was ordered, adjudged, and decreed, that (pro ut the decree) as by the said decree remaining as of record in our said court of chancery, at the city of doth, and may more fully appear. [If the decree also directs costs, this clause to be inserted : "And whereas the costs so decreed, as aforesaid to be paid by the " said C. D. amount to the sum of as taxed by one of "the masters of our said court of chancery."] And whereas the said C. D. hath neglected to comply with all and singular the matters and things required of him in and by the said decree, as we have been informed and understand. Now therefore, in order that full and speedy justice may be done in the premises, we command you that you take the body of the said C. D. if he shall be found within your bailiwick, and him safely keep in your custody, until he shall perform and fulfil all and singular the matters and things required of him in and by the said decree, or our said court of chancery shall make other order to the contrary. And you are to make and return to our said chancellor, in our said court of chancery on the day of wheresoever it shall then be, a certificate under your hand of your doings in the premises, together with this writ.Witness, JAMES KENT, Esq. chancellor of our said state, at the city of New-York, the day of in the our independence, and in the year of our Lord, 18 Sol'r. Endorsed, "by the court." year of Cik. Clk. |