In Chancery. Published 15th of October, 1817. 97. In order to obviate the incoveniences arising from the irregular manner in which copies of pleadings, depositions, reports and other papers are at present made out-It is ordered by the chancellor that in future the register, assistant register, clerks, masters and examiners of this court, shall in the copies of all pleadings, depositions, reports decrees, and other papers or procedings filed or remaining as of record in this court, which they shall make out and deliver to the parties or their solicitors, to be used in this court, and in all transcripts of the same to be transmitted to, or used in the court for the trial of impeachments and corrections of errors, distinctly mark and set down in the margin thereof the number of the pages in the original pleadings, depositions, reports or other papers, so that all the office copies made out by the several officers of this court may in this respeet agree with each other. In Chancery. Published 16th of October, 1817. 98. Ordered-That the allowance settled by the chancellor as a compensation for guardians, executors and adminstrators in the settlement of their accounts (under the act of the legislature) for receiving and paying money, shall be five per cent. on all sums not exceeding one thousand dollars, for receiving and paying out the same. Two and one half per cent. on any excess between one thousand and five thousand dollars-and one per cent. for allowance for all above five thousand dollars. AFFIDAVITS. Affidavit of Service of Subpana, from the Confession of the De fendant. In Chancery. Between A. B. Complainant, day of C. D. Defendant. A. B. of the city of New-York, the complainant in this cause, maketh oath, that on the he heard the defendant in this cause, own and confess, to Mr. T. C. (the person to whom he made such confession,) that he the said defendant was served with a writ of subpoena, issuing out of, and under the seal of this honorable court, returnable (the return of the writ) at the suit of this deponent. Sworn, &c. A. B. An affidavit of a defendant, and his solicitor, in order to enlarge publication, the commission being returned. In Chancery. A. B. Plaintiff, Between and The defendant C. D. of the city and county of New-York, and E. F. the defendant's solicitor in this cause, severally make oath and say, and first, the said defendant C. D. maketh oath, that the depositions taken in this cause, by virtue of a commission issued for that purpose, out of, and under seal of this honorable court, have not been seen, read, or heard read, by this deponent, nor hath this deponent been informed or acquainted with the purport or contents of the said depositions so taken, nor will this deponent, until publication shall be further enlarged and pass by the order of this honorable court, in case such order can be obtained: and the said defendant further saith, that he hath several material witnesses to examine, as he is informed and believes, (to wit,) and the said C. D. and E. F. for themselves severally make oath, that the said depositions were returned and now remain in the custody of G. H. the clerk in court,, E unopened and unpublished, as these deponents severally believe: and further say, that they, nor neither of them, have not seen nor read the said depositions, nor been informed of the contents thereof, nor will they, these deponents, or either of them, be informed of the contents thereof, until publication shall be further enlarged, and pass by the further order of this honorable court, in case such order can be obtained. Sworn this day of C. D. Affidavit of serving an order to confirm the Master's Report unless In Chancery. cause. Between A. B. Plaintiff, day of day of day of G. G. of the city of New-York, maketh oath, that be this deponent did, on the personally serve the defendant C. D. with an order made in this cause, bearing date the whereby it was ordered, that the report made in this cause by Mr. B. one of the masters of the court, dated the and all matters and things therein con. tained, should stand ratified and confirmed by the order, authority, and decree of this honorable court to be observed and performed by all parties thereto, according to the tenor and true meaning thereof, unless the defendant having notice thereof, should within days after such notice, show, unto this court, good cause to the contrary, and at the same time, showing the said C. D. the said original order duly passed and returned. G. G. In Chancery. Affidavit of serving an Injunction. A. B. Complainant, Between and G. H. of the city of New-York, maketh oath, that he, this depo nent, did, on the day of personally serve the de day of fendant in this cause with the true copy of an injunction in this cause issued out, and under the seal of this honorable court, bearing date the inst. (or now last past ;) and this deponent did, at the same time, show unto the said defendant, the original writ of injunction, under the seal of this honorable court, whereby the said defendant was enjoined. &c. here set forth the enjoining part of the injunction, concluding with these words, or to that effect. Sworn, &c. G. H. Affidavit that the Plaintiff hath not the Deeds inquired after, to annex to a bill of Discovery before it be filed. In Chancery. Between A. B. Plaintiff, A. B. Plaintiff in this cause, maketh oath, that this deponent hath not, nor to the best of his knowledge, remembrance or belief, ever had, all or any of the deeds, evidences and writings relating to the estate in question in this cause, and which are mentioned in this deponent's bill, exhibited in this honorable court against the said defendant; nor doth this deponent know where the said deeds, evidences and writings, or any of them now are, unless they be in the custody or power of said defendant. Sworn, &c. A B. Affidavit to be made by the Complainant on bringing a bill of Inter In Chancery. pleader. Between A. B. Complainant, A. B. Complainant maketh oath, that this bill is not exhibited by the consent, knowledge or collusion of the defendant in the bill mentioned, but merely of his own free will, for relief in this honorable court. Sworn to, &c. A. B. Affidavit that the plaintiff had writings, but hath lost them, proper te be annexed to a bill. In Chancery. A. B. Complainant, Between and C. D. Defendant. A. B. the plaintiff in this cause, maketh oath, that some time since, to wit, on &c. last, the writings now sued for in this cause, were in his, this deponent's custody and possession; but, since the said time, be, this deponent, bath actually lost them and, this deponent further saith, that he doth not know where the said writings are, unless they are in the hands or custody of the said defendants, some or one of them, or else that the said writings are now, or late were, in the custody of the said defendant I. K. as he is credibly informed, and verily believes. Sworn to, &c. A. B. Affidavit of a witness being old and infirm, upon a petition to examine him, &c. De Bene Esse before issue joined. In Chancery. Between (A. B. Plaintiff, and C. D. Defendant. A. B. Plaintiff in this cause, maketh oath, that G. H. of the city of New-York, gentleman, is a very material witness on his bebalf in this cause, and without whose evidence, this deponent, as he is advised, (and verily believes,) cannot safely proceed to a hearing in this cause, is now in the seventieth year of his age, as be, the said G. H. informed this deponent. And, this deponent further saith, that the said G. H. appears to be very weak and infirm, and in a declining way, and from his advanced years, in all probability not likely to live long. Sworn to, &c. A. B. |