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ed to these offices, but unfortunately, the masters hold
their offices under the council of appointment, and du-
ring their pleasure. They are unlimited as to number.
They are assissants to the chancellor, who refers to
them interlocutory orders for stating accounts, compu-
ting damages and the like; they also administer oaths,
take affidavits and acknowledgements of deeds, and
generally if there be any suit which is not ascertained
by the pleadings or depositions in a cause, of which it
would be proper for the chancellor to be informed by
collateral testimony, he refers it to a master for a report
to be made upon such testimony, and such principles
as he directs. (b)
The masters have also a material agency in all
cases of lunacy and infancy which come before the
chancellor.
They also examine bills and answers in chancery
referred to them, on exceptions for insufficiency,
scandal, or impertinence, and report thereon.
The masters also make sale of all lands sold by a
decree of the court, under mortgages, and give deeds
for the same.
By the act of the 15th of April, 1814, costs in the
court of chancery are now taxed by three masters, who
are specially designated by the chancellor for that
purpose, and whose respective residence shall be in the
city of Albany, the city of New-York, and the coun-
ty of Oneida. (c)
The register and assistant register are appointed by
the chancellor, and they hold their office during his
pleasure. The first is appointed under a provision

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contained in the constitution, and the last under the law of the state, passed 10th of April, 1813. (d) o. The register is to hold his office in the city of

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to of: New York, or in the city of Albany, as the chancellor

fice. may direct, and the assistant register is subject to the same directions of the chancellor. (e) ..". The duties of the assistant register are in every res

assistant regis

ter. pect similar to those of the register, and he is entitled to the same fees for the performance of them, so that he may rather be considered as a second register, than as an assistant. - -

*...*.*. These officers are to keep the records and papers

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.." ... filed with them in their respective offices, but they may

register and T. assistant regis- convey their papers and records from one office to

ter. the other, or to any other place as the course of legal proceedings in any case may require. Orders and decrees made up in term time are to be entered with the register or assistant register, where the court is sitting. (f) *.*.*.*. At present the register's office is kept at Albany, and

office kept at - - *
Albany; and the assistant register's at New-York.

assistant regis- - - - - - *

o” No. The register or assistant register makes up and enork.

3. Final de-grosses every final decree. They make the necessary

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Rule. Duty of , . - - jeo... gister and assistant register, all the pleadings and pro

examiners as

to papers. ceedings in the cause. (g) - - - .."... . . The register and assistant register are to have the

gister and as

.*.*. names of the respective agents, and of the respective

in relation to

.*... solicitors appointing them, and the latter in alpha

agents, solicit

ots, &c. betical order, entered in a book to be kept in their
offices for that purpose. (h)
(d) R. L. 486. . . . (g) 1 R. L. 487, a 1.

(e) 1 R. L. 486. 3. W. 27. s. 2 & 3. (h) 46th Rule.
(f) 89th Rule.

- isław-. - - 7. Attendan The register or assistant register attends the court of . :

from day to day during its sitting, and keeps a minute." of the proceedings of the court, and all the rules and orders of the court are entered with them. All attachments, writs, or other process, (commis-m...". sions for the examination of witnesses excepted,) and of: all proceedings under the same are returned and filed **** in the office of the register. (i) * All deposits and payments of money in this court ..."." shall be made either with the register or assistant re-... gister, or in the bank, in which deposits are required foot 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 othereof; and until such money shall have been so paid and such credit so entered, such payment or deposit shall not be considered valid so as to stay or affect any proceedings in this court. vide 1 R. L. 492. s. 19. (j). , ... ? The register and assistant register are allowed for anowance of moneys paid out of court in cases not provided for by . the fee bill of April 9th, 1813, for any sum not exceeding two hundred dollars, one percent. and for all beyond that sum one quarter per cent, provided always that this rule shall not be deemed to apply to moneys deposited under 37th and 42d rules of 7th of June, 1816. (k) . . . . . . . . ' ' Clerks of the court of chancery are appointed by the 4 chancellor, and hold their offices during his pleasure; or their number is unlimited. There are at present one to: ap. in the city of New-York, one in Albany, one in -

Poughkepsie, and one in the county of Oneida. (1)

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#::::::: Each of the clerks of this court shall provide or afolioregister continue to keep, a folio register, bound and lettered, and there 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 of fices, and go with other papers and documents relating thereto.(m) ..eas.... The clerk and examiners after the final hearing of a *... cause, shall deposit with the register with whom the

ter a

hearing of a decree may be entered, all the original pleadings, in

eause to depo- - -- -

sit, &c. terrogatories, exhibits, and other proceedings filed or lodged with, or taken before them in the same eause, 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 thereof 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 of the cause, shall constitute the enrollment of such decree, (n)

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The examiners are appointed by the council of ap- -___o pointment, their number is not limited; they are offi- *::::::

cers of the court who examine witnesses produced by “ either side on such interrogatories as the parties to any suit exhibit for that purpose, and sometimes the parties themselves are by particular orders examined by them They are authorized by law to administer oaths to ...: witnesses, and also to take affidavits to be read in the io. o:court of chancery. In case of the death, removal from office, or resig- a. o.": nation of any examiner, in future the papers relating ...: to his office are to be delivered to the register or as- :*: sistant register by the persons in whose custody they H. :: shall remain at the time when the event terminating" the office occurs, those excepted on which a lien may exist for the fees of such examiner. (9) The executive officers of the court are the sheriffs d of the different counties, who are to execute such pro- *:::::: cess of the court as may be directed to them respec- “"“” tively, and the sheriff of the county where the court may be held is bound to give his attendance on the courtin such manner as the court may require, and in default thereof is liable to be fined by the court. (p) The court of chancery is allowed to appoint two ser- 7 geants, one at New York and one at Albany. (q) for " SerSolicitors are in the nature of attornies in the courts - of common law; they manage the pleadings in the to: cause, prepare interrogatories for the witnesses, &c. :: * and in short, every thing that is done in a cause where the party does not appear in propria persona is to be

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