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fendant's discharge.

and give him notice of the charge being filed. This charge contains all the items which the plaintiff wishes to establish in his favor and against the defendant, but contains no item or credit in favor of the defendant. It is like rendering in the debit side of his account with the defendant, leaving it to the defendant to pre-. sent, by way of discharge, an account of the items which he claims to be allowed in his own favor. The items of the charge are investigated in the master's office, and those which are not admitted by the defendant in his examination must be regularly proved, by vouchers and witnesses. When admissions are made by the parties or their solicitors on meetings before the master, the course is for the master to reduce the admission to writing on his minutes, and for the 8. Of the de- parties to sign it. The plaintiff having filed his charge, may compel the defendant to bring in his discharge, by taking out a summons underwritten, "at which time the defendant is required to bring in his discharge." The charge and discharge may be altered or amended at any time while it is pending before the master, and if it should be discovered at any time, before the master makes his report, that any item has been omitted, either party is at liberty to file a further charge or further discharge, containing such omitted items. If the defendant finds that he stands in need of the plaintiff's examination to discover the items of which his discharge shall be composed, or for evidence to substantiate it, he may, upon the return of the summons, requiring him to bring in his discharge, pray for further time, and prepare interrogatories for the examination of the complainant, which must be settled and allowed in the same manner as has been already mentioned, with respect to the interroga

tories filed for the examination of the defendant; and all the proceedings thereupon, to hasten the plaintiff in bringing in his examination, &c. are in all respects similar. The discharge being prepared, must be filed with the master, and a copy served upon the opposite solicitor.

Form of the complainant's charge before the Master. In Chancery.

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The complainant insists, that upon the reference Complainant's pending in this cause before I. H. one of the masters of this court, to take and state an account between the parties complainant and defendant, the said defendant ought to be charged with the following sums of money, viz.

1st, 1814. Jan. 1. Feb. 5.

2d.

3d.

For cash paid to him, the defendant, $100 00
For the amount of a balance due from

John Watkin, to the complainant,
and received by the defendant,
May 1. For the proceeds of six shares in the
capital stock of the Bank of New-

200 00

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And that the defendant be also charged with the amount of the interest accrued upon the several sums of money received by him from the time the same

were so received by him respectively, until the making up of the report in this cause, &c. &c. (Going on with every item of the demand which the complainant has against the defendant, and concluding in the following manner :)

And the complainant craves leave to alter or amend this his charge as he may be advised. Dated

1816.

E. F. Compl't. Solr.

C. D. of Counsel.

Together with the above charge, the following notice is served upon the defendant's solicitor :

Notice of the charge.

In Chancery.

A. B. Complainant,

Between

and

Notice of the charge.

Sir,

C. D. Defendant.

Take notice that the annexed is a copy of the complainant's charge filed with I. H. Esquire, one of the masters of this court, to whom this cause stands referred. Dated 1816. >

To G. H. Sol'r. for Def't.

E. F. Sol'r. for Compl't.

Further charge.

If the complainant finds upon subsequent examination that he has omitted any claim in his charge, he is at liberty to file further charges, until the cause has had a final hearing before the master.

In Chancery.

Between

{

A. B. Complainant,
and

C. D. Defendant.

The complainant hereby adds to his charge in the Further above cause, dated the day of lows, viz.

, 1816, as fol- charge

1st. The complainant insists, that in taking and stating the accounts directed to be taken and stated by the decretal order or decree in the above cause, the defendant ought to be charged yearly with a reasonable sum, for the rent of the dwelling house mentioned in the pleadings in this cause, possessed and occupied by the defendant: And that the said defendant be further charged with the interest which has accrued every year upon such annual allowance of rent, from the time when each such sum is charged to the defendant, until the date of the master's report. And the complainant craves leave further to alter or amend his said charge, as he may be advised. Dated , 1816. E. F. Sol'r. for Compl't.

C. D. of Counsel.

Notice of further charge.

The same as the notice accompanying the charge.

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The said defendant insists, that upon taking and stating the accounts between the parties upon the reference pending before I. H. one of the masters of this court, he, the said defendant, is entitled to. be credited the following sums of money: viz.

1813. July 6. Dec. 10.

1814. May 1.

200

Cash paid the said complainant this day, $500
Cash paid for repairs done upon the house
belonging to the plaintiff at his request,
The defendant insists that he is entitled to
charge against the complainant, the
amount of his commissions upon selling
and transferring six shares in the Bank
of New York, and other services in re-
lation thereto, at the rate of 5 per cent.
according to the agreement between
them; the said shares having pro-
duced $600.-

May 10. For duties, commissions and charges, paid

by defendant upon ten pipes of Madei

ra wine, belonging to the plaintiff.

30

1000

And that he, the said defendant, is moreover entitled to be credited with interest upon each of the items above mentioned respectively, from the date thereof until the making up of the master's report.

And the defendant craves leave to alter or amend this his discharge as he may be advised.

Dated,

1816.

G. H. Defendant's Sol'r,
J. S. of Counsel.

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