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your doings in the premises, together with this writ; and hereof are not to fail at your peril.

Sol'r.

Witness, &c.

Endorsed, by the court."

you

Cl❜k.

CPK.

5. Fi. Fa. for costs on dismissal of bill.

The people, &c. [as the last.] Now therefore, we command you, that of the goods and chattels of the said A. B. in your bailiwick you cause to be made the said sum of

the costs

and charges aforesaid. And if sufficient goods and chattels [the same as the fi. fa. aforesaid] to render to the said C. D. according to the decree aforesaid: and hereof fail not at your peril; and have then there this writ. Witness, &c.

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The people, &c. to the sheriff of the county of Kings, greeting.— Whereas by our writ; we lately commanded our sheriff of our city and county of New-York, that of the goods and chattels, lands and tenements, of

named in the said writ in his bailiwick, he should cause to be made, the sum of $1,402 50, and that he should have that money before our chancellor in our court of chancery, at a certain day now past, to render unto,

f.c. &c.

according to the decree of our said court, and our said sheriff of our city and county of New-York on that day returned to our chancellor in our said court of chancery, that by virtue of our said writ to him directed and delivered, be bad caused to be made of the goods and chattels of the said named in the said writ,

the sum of 41 dollars 62 cents, and that the said named in the said writ had not any other goods and chattels, lands or tenements in his bailiwick whereof or whereby he could cause to be levied and made the residue of the said sum of 1,402 dollars 50

cents, mentioned in the said writ, or any part thereof. And because it is sufficiently certified to our chancellor in our court of chancery that the said

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have sufficient goods and chattels, or lands and tenements in your bailiwick, whereof you could cause to be made the residue of the said sum. of $1,402 50. Now therefore, in order that full and speedy justice. may be done in the premises, we command you, that of the goods and chattels of the said

in your bailiwick, you cause to be made the sum of $1,360 88, the residue of the said sum of $1,402 50, mentioned in the said writ. And if sufficient goods and chattels of the said

cannot be found in your bailiwick, that then you cause the said sum of $1,360 88 to be made of the lands and tenements of the said

and that you have that money before our chancellor in our court of chancery, on the 31st day of August next, wheresoever it shall then be, to render to the said

according to the decree of our

said court. And you are to make and return to our chancellor in our said court of chancery, on the said thirty-first day of August next, wheresoever it shall then be, a certificate under your hand of the manner in which you shall have executed this our writ, together with this writ. Witness, &c.

Riggs, Sol'r.

Edmd. Elmendorf, clerk.

7. Fi. Fa. for sum decreed with costs, after an appeal to the court of

errors.

The people, &c. to the sheriff, &c. greeting. Whereas, on the

in the year 18

day of by a certain decree, made before our chancellor of our said state, in our court of chancery, 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 and at large appear: And whereas, on an appeal by the defendant from the said decree to the court for the trial of impeachments and the correction of errors, it was, on the in the year 18 ordered, ad

day of

judged, and decreed, by the said court, that the said decree of our said court of chancery be affirmed, and that the appellant pay to the respondent the further sum of for interest due on the sum so decreed by our said court of chancery, to be paid by the said defendant, and also the further sum of for the costs of the respondent in defending the said appeal. Now therefore, in order that full and speedy justice may be done in the premises, WE command you, that of the goods and chattels of the said A. B. in your bailiwick, you cause to be made which before our said chancellor, in our said court of chancery, was decreed to the said C. D. as well for the as for his costs and charges so decreed as aforesaid. And if sufficient goods and chattels of the said cannot be found within your bailiwick, that then you cause the said sum of to be made of the lands and tenements of the said A. B. And that you have that money before our said chancellor, in our said court of chancery, on the wheresoever it shall then be, to render to the said C. D. according to the decrees aforesaid: And you are to make and return to our said chancellor, in our said court of chancery, on the said

day of

day of

wheresoever it shall then be, a certificate under your hand of the maner in which you shall have executed this our writ, together with this writ.

Witness, &c.

Since the publication of the preceding standing Rules of the Court, the following Rules have been passed and published:

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93. Ordered-That on a rehearing of a cause, the party applying for such rehearing, shall open and close the argument.

Sills vs. Brown & Wife.

In. Chancery, June 20, 1816.

9. Ordered-That wherever a defendant shall cause his appear

ance to be entered, but shall not cause his answer to be filed in due time, an application may be thereupon made to the chancellor without previous notice, by petition stating the circumstances for an order that the defendant answer the complainant's bill in such time, after service of a copy of the order for that purpose, as the chancellor shall direct, or in default thereof that the bill be taken pro confesso-and if the defendant shall not answer within the time limited by such order, a rule for taking the bill pro confesso may be entered as of course, on filing an affidavit of the service of a copy of the said order.

In Chancery, Nov. 1816.

95. Ordered-That so much of rule 47 as refers to costs for copies of the master's report be repealed, and in lieu thereof that the master shall be allowed for copies of the draft of these reports, furnished to the parties in those cases in which, by the practice of this court, the master ought to deliver a draft of his report before he signs it, that the parties may take objections-And that when a master shall take an account of an estate or an administration thereof, or an account between the parties in trade or other account under a decree, not coming within any specified provision in the Fee bill, or when extra service shall be rendered in the aforegoing cases of taking or stating accounts, the taxing master may make such further allowance as under the circumstances may be just and reasonable, but subject to the chancellor's revisal at the instance of either party in the cause.

Chancery Decision Respecting Injunction. Published 7th of November, 1816.

96. The omission to enter the order for the injunction with the register, arises probably from the practice of ordering the bill in the first instance to the clerk, who issues the process upon the production of the bill with the allowance endorsed, but the practice is not correct.

Every order for an injunction, whether made by the chancellor or by a master in his absence, ought regularly to be entered with the register or assisiant register previous to the sealing of the process by the clerk-The allowance endorsed on the bill is only entered as an authority to the register or assistant register to enter a rule for that purpose, and the clerk is to act upon a certified copy of that rule.

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.

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