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when, at, or about what time, or how long ago did he die, as you know, or for any and what reason did believe? and what circumstances or condition of life was he, or did appear to be in, for any time, and how long next before his decease? and was he, or did he appear for any time, and how before his death, able or unable to pay his just debts, as you know, or any and what reason believe? and whether or not did he for any time, and how long time before his decease, use, exercise or follow, any and what trade, business or em. ployment, or how or in what manner did he get his maintenance or livelihood as you know, or for any and what reason believe? and where did he usually live and reside for any time, and how long before his death, as you know, or for any and what reason believe? Declare the whole truth herein, with all the circumstances thereof, and the whole of your knowledge and belief relating thereto, together with the grounds and reasons of such your knowledge and belief.

RELEASE.

Release from a judgment creditor to a mortgagee of all his claim to the mortgaged premises.

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To all whom these presents may come A. B. sends greeting: Whereas, C. D. of the city of New-York, being indebted unto E. F. of the same place, gentleman, by a certain bond, bearing date the in the year of our Lord one thousand eight hundred and in the penal sum of five thousand dollars, conditioned for the payment of the sum of two thousand five hundred dollars, lawful money of the United States of America, together with lawful interest for the same, payable on or before the twenty-second day of July, one thousand eight hundred and sixteen, the said C. D. did, on the said twenty-second day of July, one thousand eight bundred and sixteen, for the purpose of securing the payment thereof mortgage to the said E. F. all those certain lots of ground, (here describe the property,) and all the estate, right, title and interest of him the said C. D. of, in and to the said land above described, as by

the said map or chart may fully appear; together with all and singular, the rights, members, privileges, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, as in and by the indenture of mortgage, and by the record thereof in the office of the register of the city and county of New-York, in Liber of register of mortgages, page will more fully and at large appear. And whereas the said C. D. in order to provide additional security for the payment of the sum of two thousand five hundred dollars, and interest thereof, did on the day of November, eighteen hundred and sixteen, mortgage unto the said E. F. all those four lots, pieces or parcels of ground, situate, lying and being in the eighth ward of the city of New-York, as by the said additional mortgage last mentioned, and by the record thereof in the said office of register in Liber No.

of the register of mortgages, page will more fully and at large appear. And whereas, A. B. lately in the Supreme Court of the State of New-York, in the term of May, in the year one thousand eight hundred and seventeen, did recover against the said C. D. two thousand dollars of debt, and also twenty-four dollars and eighty cents, as well for his damages which he had sustained on occasion of detaining the same debt, as for his costs and charges by him about his suit expended, which judgment is docketted in the office of the clerk. of the said Supreme Court, at the City-Hall of the city of New-York, as of the 9th day of May, one thousand eight hundred and seventeen. Now these presents witness, that the said A. B. for and in consideration of the premises, and of the sum of one dollar to him paid by the said E. F. the receipt whereof is hereby acknowledged, hath remised, and for ever released, and by these presents doth for himself, his heirs, executors and administrators, remise and for ever release unto the said E. F. his heirs, executors, administrators and assigns, all and every demand, claim, charge and incumbrance, which he the said A. B. now has, or may hereafter have, either in law or equity, upon the said lots of ground and premises herein before described, and the appurtenances, or upon the equity of redemption thereof, or upon any parcel of the same, upon or by reason of the said judgment so recovered by the said A. B. and docketted as herein before mentioned. In witness whereof, the said A. B. hath hereunto set his hand and seal this day of September, one thousand eight hundred and

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FEE BILL.

An Act, to amend the Act, entitled An Act, regulating the Fees of the several Officers and Ministers of Justice within this state. Passed 21st April, 1818.

1. BE it enacted, by the People of the State of New-York, represented in Senate and Assembly, That from and after the passing of this act, no counsellor or solicitor of the court of chancery shall exact, demand or ask, or be allowed any greater or other fee or reward for or in respect of any service hereafter to be done or performed by such counsellor or solicitor, than after the rate hereinafter specified, that is to say:

Counsellors' fees. A retaining fee in each cause five dollars, but no retaining fee to be allowed for more than one counsel.

Perusing, amending and signing every bill, answer, plea, demurrer, interrogatories and exceptions, if not done by the person acting as solicitor in the same cause, two dollars and fifty cents.

Perusing and settling every final decree that is special in its provisions, two dollars and fifty cents.

Every special motion actually made before the chancellor, or every actual attendance to oppose a special motion, if the same be not argued, one dollar and fifty cents; but if the same be argued, two dollars and fifty cents.

Arguing every plea, or demurrer, or exceptions, five dollars.

Arguing before a master upon exceptions, or other matter referred, two dollars and fifty cents; but no allowance to be made for more than one counsel.

Arguing upon every hearing of a cause set down for hearing upon the merits, eight dollars; but no taxation for more than two counsel: and this allowance not to apply to cases of bills taken pro confesso, though set down for hearing, as on bills to foreclose mortgages, and in cases of adultery; in which cases of hearing ex parte, an allowance only of two dollars and fifty cents, and only to one counsel.

Solicitors' fees. For a retaining fee in every case three dollars; but when the same person acts as solicitor and counsel, no retaining fee to be allowed as solicitor.

Drawing every bill, answer, plea, demurrer, replication, interrogatories, exceptions, affidavits and other proceeedings, for each sheet

containing ninety words, twenty-five cents; but no record, deed, writing, report, order or proceeding, or part thereof, to be inserted verbatim, or in hac verba, shall be computed as any part of such draft.

Every engrossment, or copy thereof to file, for every ninety words, twelve and a half cents; and for every other necessary copy, for every ninety words, six cents.

Attending the chancellor, out of term, upon petition, or upon any other necessary special motion, one dollar.

Attending the court of chancery, in term time, upon every special motion, founded on previous notice, one dollar; and if argued or opposed, one dollar and fifty cents.

Actually attending the court of chancery, in term, upon the hearing of a cause in which he is the solicitor, and which is set down for bearing, and argued, five dollars.

Serving every rule, or order, or copy of interrogatories on the person to be served therewith, twenty-five cents.

Serving a subpoena to appear and answer, or an injunction, seventyfive cents.

Every necessary notice, or summons, in a cause actually given, and including copy and service, thirty-seven and a half cents.

Drawing instructions, for examination of each witness, twenty-five

cents.

Abbreviating every bill, answer, depositions, and exhibits for the use of connsel, and actually made for that purpose, and when the counsel is not the same person as the solicitor, for every ninety words contained in the writing abbreviated, three cents.

Drawing brief for counsel, on every special motion or petition founded on notice to adverse party, one dollar.

Drawing brief for counsel, upon the hearing of a cause set down for hearing at term, or for a hearing before a master, on a reference to take and state an account, two dollars; but this allowance is not to extend to a hearing required by the rules of the court when the bill has been taken pro confesso.

Drawing charges or discharges before a master, for each sheet containing ninety words, twenty cents.

Attending the master, upon any matter referred to him, and not being a matter of account, when argued between the parties, one dollar, and when not argued, fifty cents.

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Arguing before the master, on a reference to take and state an account, two dollars and fifty cents.

Attending a master, upon a summons to attend him, or upon a taxation of costs, fifty cents.

Attending the register with the draft of every decree, decretal or other order, to have the same settled and entered, fifty cents.

Copy of a bill of costs to be delivered to the opposite party before taxation, or to file after taxation, if before a decree, fifty cents, and if after a decree, one dollar.

And the solicitor is to be allowed in the taxation of costs for all disbursements actually and necessarily paid or incurred in the progress of the cause, and not herein already provided for.

Fees of the sergeant of the court. Each sergeant for attending court, for every final decree entered at the place of his attendance, and whether entered in term or vacation, fifty cents, to be paid to the register, or assistant register, where the decree is entered; and for such other services as he shall perform by order of the court, such compensation as the chancellor shall from time to time allow, to be paid by the party or in the manner the court shall direct.

II. And be it further enacted, That no register, assistant register, examiner, clerk or master in the court of chancery, shall bereafter exact or receive any fee or costs for any services not actually rendered or performed by such register, assistant register, examiner, clerk or master: And that in all cases in which decrees and other proceedings in any cause in the said court shall actually be drawn by the solicitor in said cause, the fees for drawing the same shall be charged by such solicitor.

III. And be it further enacted, That so much of the act, entitled, "An act regulating the fees of the several officers and ministers of justice within this state," passed April 9, 1813, as relates to the counsellors' fees, the solicitors' fees, and sergeants' fees of the court of chancery, be, and the same is hereby repealed.

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