Affidavit of serving a writ of execution of a decree upon the Solicitor. In Chancery. Between A. B. Complainant, C. D. Defendant. ་་ G. H. of the city of New-York, maketh oath, that he, this deponent did, on the day of inst deliver unto Mr. solicitor for the defendant, a true copy of a writ of execution of a decree, bearing date day of and at the said time, showed him the said writ of execution, under the seal of this honorable court, whereby the defendant was enjoined and di rected, &c. Sworn, &c. A. B. G. H. Affidavit of having discovered new matter for a bill of review. In Chancery. Between [ 4. B. Complainant, and C. D. Defendant. C. D. the defendant, maketh oath, that since the time of pronouncing the decree in this cause, he, this deponent, hath discovered new matter of consequence in the said cause, particularly, that the plaintiff, on &c. did &c. which this deponent could not possibly know, so as to make use thereof, in his defence at the time of pro, nouncing said decree. Affidavit to ground an application for a commission to examine wit In Chancery. nesses abroad. Between A. B. Complainant, A. B. of the city of New-York, the plaintiff above named, maketh oath, and saith, that this cause is now at issue, and this deponent is desirous of proceeding therein. And this deponent further saith, that he hath several material witnesses to examine, who now live, and reside in Charleston, in South-Carolina, as this deponent hath been informed, and verily believes; and, particularly John Edwards, and James Stiles, who are subscribing witnesses to certain indentures of lease and release in the pleadings in this cause mentioned. And this deponent saith, he is advised, he cannot safely proceed to a hearing in this cause, without the testimony of such witnesses. Sworn to, &c. A. B. Affidavit in support of a petition or motion to enlarge publication, where publication is passed. In Chancery. Between (A. B. Complainant, C. D. Defendant. C. D. of the city and county of New-York, the aboved named defendant in this cause, and E. F. his solicitor, of county, being duly sworn, severally make oath and say; and, first, this deponent, C. D. for himself saith, that the depositions taken in this cause have not been seen, read, or heard read by this deponent; nor bath this deponent been informed or acquainted with the purport or contents of said depositions, nor will this deponent be informed thereof, until publication shall be enlarged, and pass by the order of this bonorable court, in case such order can be obtained; and, this deponent C. D. further saith, that he hath several material witnesses to examine, and, particularly J. W., J. S. and G. R. of the county of Westchester, as he is informed, by his said solicitor, and verily believes; and, these deponents, C. D. and E. F. for themselves severally, make oath and say, that they, or either of them, to the know. ledge or belief of the other, have not seen, read, or heard read the said depositions, or been informed of the contents thereof, until publication shall be enlarged, and passed by the order of the honorable court, in case such order can be obtained. Sworn &c. C. D. E. F. Affidavit of service, of order Nisi, for confirming a report. In Chancery. Between (A. B. Complainant, day of C. D. Defendant. E. F solicitor for the plaintiff in this cause, maketh oath, that he did on the inst. personally serve the above named defendant, C. D. with a true copy of an order made in this cause, dated the inst. whereby it was or day of day of one of the Mas last past, and dered, that a report made in this cause by ters of this court, dated the all the matters therein contained, should stand ratified and confirmed by the order, authority, and decree of this 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 the court, good cause to the contrary. And this deponent, at the time of such service, showed to the said defendant the said original order duly passed and entered. Sworn, &c. E. F. Affidavit of service of subpœna, to obtain an injunction to stay pro In Chancery. ceedings at law. Between A. B. Complainant, day of inst. E. F. of the city and county of New-York, maketh oath and saith, that he, this deponent, did, on the deliver to and leave with the servant of the said C. D. at his house in street, No. a subpoena, issuing out of, and under the seal of this honorable court, at the suit of the above named plaintiff, and informed the said servant the contents thereof, and that said servant then told this deponent, that he lived in the said house of the said C. D. by which subpoena, the defendant C. D. was to appear in this honorable court, at the suit of the above named plaintiff, immediately after the receipt thereof. Sworn, &c. E. F. E. F. of the city and county of New-York, maketh oath, and saith, that he did, on day of last past, personally serve Esquire, with a subpoena, issuing out of, and under the seal of this honorable court, by delivering unto, and leaving with him, the said subpoena, under seal as aforesaid. And this deponent did then give to him sum, by which said subpoena the said was immediately to appear in this court, to testify for the plaintiff in this cause. Sworn, &c. E. F. Affidavit to ground an application to the court, for an order for a commission to examine witnesses abroad. In Chancery. A. B. Complainant, Between and C. D. Defendant. A. B. the plaintiff above named, maketh oath, and saith, that this cause is now at issue, and this deponent is desirous of proceeding therein. And, this deponent further saith, that he bath several material witnesses to examine, who now live and reside in that part of the kingdom of Great Britain and Ireland, called Scotland, as this deponent has been informed, and believes, who can prove, &c. &c. and are subscribing witnesses, to certain deeds and instruments, in the pleadings in this cause mentioned; and, this deponent further saith, that he is advised, that he cannot safely proceed to a hearing in this cause, without the testimony of such witnesses. Sworn, &c. A. B. To the Honorable James Kent, Chancellor of the state of New-York. The humble petition of C. D. Sheweth: That your petitioner finds himself much aggrieved, by a decretal order made in this cause, the day, &c. by, &c. whereby your petitioner is ordered, and directed, to pay unto the plaintiff, the sum of $ next, with interest for the same, from the time of the said bearing; which sum of $ or the greater part thereof, having been long since paid, and proof thereof made, as your petitioner conceives, and is advised: &c. by Your petitioner humbly prays, that your honor would be pleased to grant a rehearing in this cause, before your honor, he, submitting to pay what costs the court shall award, in case his complaint be found groundless. To the Honorable James Kent, Chancellor of the state of New-York. The humble petition of C. D. Sheweth : That on the day of last, your honor was pleased to order your petitioner to bring into this court, the sum of $ within a week then next, and, thereupon, the injunction to be continued to the hearing; that the matter arising in your petitioner has not been able to get the same money returned, but the defendant, having three several judgments for F |