ART. 1. $ 17. All money brought into the court of chancery, for or by any suitor, and paid to the register or assistant register thereof, shall be deposited in such banks as the court shall direct; and accounts thereof money reshall be kept with the said banks, in such manner and form as the register, &e. court shall direct. Deposit of ceived by ceived by $18. All monies brought into the said court, for or by any suitor, Ib. when reand paid to any clerk thereof, shall be deposited in such bank as the clerks. vice-chancellor of the circuit shall by general order direct, and accounts thereof shall be kept with the said banks, in such manner and form as the vice-chancellor shall direct. money re clerks, to bo $ 19. On the first Tuesday of January, and on the first Tuesday of Account of July, in each year, the several clerks of the court of chancery shall ceived by transmit to and file with the register, a statement of all monies paid to sent to regie such clerk then remaining in court, which shall specify, 1. The title of the cause in or on account of which such was paid: tor. Contents. money 2. The party by whom paid, and generally for what purpose: 3. The time of payment, and the amount paid: 4. The bank in which the same is deposited. of cashier. $20. Such statement shall be accompanied by a certificate of the Certificate cashier of the bank in which such deposit is made, that the total amount stated to be deposited, is actually in the bank, placed to the credit of such clerk, as clerk of the court, and not mingled with any other account. money paid $21. The chancellor may cause any of the monies so brought into Investment of court, pursuant to any order made by him, to be invested in any pub- into court. lic stock, or to be placed at interest on approved landed security, and from time to time to be transferred or disposed of, as he shall think proper. The same power may be exercised by a vice-chancellor, in respect to monies paid into court, pursuant to any order of such vicechancellor. The party bringing money into court, pursuant to any Party paying order, shall in all cases be thereby discharged from all further liability, to the extent of the money so paid into court. 16 not liable. cerning mo $ 22. The chancellor may also, from time to time, make such rules Rules con and regulations concerning such monies, stocks and securities, and ney, &c. concerning the making of the deposits, and keeping of the accounts, and the drawing of the monies, as he shall deem just and reasonable; but all such rules and regulations shall be entered in the minutes of the court.16 to be paid $23. No monies brought or paid into the court of chancery, and Deposit when deposited in any bank to the credit of any officer of the court, shall be out paid out by such bank without the production of the order of the court (16) 1. R. L. p. 492, § 19. TITLE Stocke, &c. when to bo ja name of register, &c. them. for that purpose, authenticated by the signature of the chancellor or vice-chancellor making such order. $24. All stocks and securities taken by order of the court, for the benefit of the suitors therein, shall, if appointed to be taken in the Recounts by name of any officer of the court, be taken in the name of the register or assistant register, or of one of the clerks of the court; who shall severally keep just and full accounts of all monies, stocks and securities, that shall come to their hands by virtue of their offices, and of all payments and investments made by them.17 To be exhibited each term. Successor of register, &c. with stuck, &c. $25. On the first day of every term, the register, or assistant register, as the case may be, residing in the city in which the term is held, shall exhibit his bank account, and also the account kept by him, to the chancellor, for his examination. 17 $ 26. On the death, removal from office, or resignation, of the reto be vested gister or assistant register, or of any clerk of the court, all stock, mortgages, and other securities vested in him, at the time of such death, removal or resignation, by virtue of any proceedings of the court, shall vest in his successor in office, in like manner as if such register, assistant register or clerk, had been created a corporation sole, with right of succession.1 And entitled to money deposited in banks. Sergeants of chancery. Sheriffs of 17 $27. All money deposited in any bank, to the credit of such register, assistant register or clerk, as such, shall, upon his death, removal from office, or resignation, be carried to the account of his successor in office; and every such bank shall take notice thereof, and transfer such accounts accordingly.17 $28. The sergeants of the court of chancery, shall attend the court, while sitting in the place for which they shall have been respectively appointed, and shall perform such services in and about the court, as the chancellor shall from time to time require. 18 $29. The sheriffs of the respective counties shall be officers of the cera of court. Court of chancery, for the purpose of executing the process of the court. 19 Their duties. Sheriff's to attend terms counties. S30. The sheriff to whom such process shall be directed, shall be amenable to the court in its execution; and may be punished for his disobedience or default therein in the manner prescribed by law. 19. $31. The sheriff of the county in which any stated term shall be in their own held by the chancellor, or by any vice-chancellor, shall, upon pain of being fined in the discretion of the court, be bound to give his attendance during its sitting, in such manner as the court shall direct; and Powers and the sheriff so attending, shall execute all the powers and duties of a sergeant-at-arms, and may execute all the lawful orders and process duties. of the court, in any county of this state.1 19 (17) 1 R. L. p. 492, § 19. (18) Ib. § 18. (19) Ib. § 5. tions, &c. to to be made in, void. $32. If an application for an order that an injunction or writ of ART. 2.7 ne exeat issue, be made to the chancellor, or any vice-chancellor, or Applications any master in chancery authorised to grant the same, and such order for injunebe refused, in whole or in part, or be granted conditionally, or on masters, not terms, no subsequent application for the same purpose, and in relation in certain ca to the same matter, shall be made to any other master in chancery. § 33. If upon any such subsequent application, any order be made Orders thereby a master in chancery, it shall be absolutely void, and shall be revoked by such master, or by the chancellor, or the vice-chancellor of the circuit in which such master resides, upon due proof of the facts. $34. Every person making such subsequent application, contrary Punishinent to the foregoing provisions, shall be liable to be punished by fine and applying. imprisonment, by the court in which the application shall be made, and shall be proceeded against as prescribed in the thirteenth Title of the eighth Chapter of this act. of persons so court, how $35. All proper expenses for the administration of the court of Expenses of chancery, the safe keeping of its records and papers, and other pur- paid. poses of the court, shall be paid out of the income of the general fund of the court. The register, assistant register or clerk making any How acsuch expenditures, shall report to the comptroller, on or before the first day of January in each year, the amount and purposes of such expenditure.20 ARTICLE SECOND. Of the General Powers, Duties, and Jurisdiction of the Court. 37. Suits for $100 or less, to be dismissed, with costs. 38. Discovery of property, &c. of a defendant, when and how compelled by a judgment creditor. 39. Payment of judgment out of property not liable to execution may be compelled. 40. Set-offs to be allowed in suits for recovery of money. 41. Bills to discover frauds in confessing judgments. 42. Answers to such bills not to be evidences. 43. Purchaser of real estate how charged with notice of suit. 44. When oath to answer, may be waived. 45. Issues upon legality of marriages, to be tried by jury. 46. Chancellor to establish rules for practice, &c. 47. Penalty for prolixity in pleadings to make costs. counted for. of chancery. $36. The powers and jurisdiction of the court of chancery, are co- Jurisdiction extensive with the powers and jurisdiction of the court of chancery in England, with the exceptions, additions, and limitations, created and imposed by the constitution and laws of this state. to be dismiss $37. The court of chancery shall dismiss every suit concerning certain suits property, where the matter in dispute, exclusive of costs, does not ed. exceed the value of one hundred dollars, with costs to the defendant. $38. Whenever an execution against the property of a defendant, Judgment shall have been issued on a judgment at law, and shall have been re- compel dis (20) Laws of 1824, p. 301, § 13. creditor may covery of of defendant, TITLE 2: turned unsatisfied, in whole or in part, the party suing out such execution, may file a bill in chancery against such defendant, and any property, &c. other person, to compel the discovery of any property or thing in acand prevent tion, belonging to the defendant, and of any property, money, or thing in action, due to him, or held in trust for him; and to prevent the transfer of any such property, money or thing in action, or the payment or delivery thereof, to the defendant, except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant himself. its transfer. Property not liable to ex be applied to of judgment. $39. The court shall have power to compel such discovery, and to ecution, may prevent such transfer, payment or delivery, and to decree satisfaction atisfaction of the sum remaining due on such judgment, out of any personal property, money or things in action belonging to the defendant, or held in trust for him, with the exception above stated, which shall be discovered by the proceedings in chancery, whether the same were originally liable to be taken in execution at law or not. Set-offs. Bills to diseover frauds $40. In suits for the payment or recovery of money, set-offs shall be allowed in the same manner, and with the like effect, as in actions at law. $ 41. A bill of discovery may be filed, and the defendant shall be in confessing compelled to answer such bill, where the defendant is charged with judgments. having given to another person a warrant of attorney to enter up a judgment, or with having confessed or suffered any judgment, purporting to be for a sum or debt due, when in fact nothing, or only a part of the sum mentioned in such warrant of attorney or judgment, is due, with intent to defraud the just creditors of such defendant, or to place the property of the defendant out of the reach of his creditors, or to hold the same on some secret trust or confidence, or for the benefit of such defendant.21 Answers, when not ⚫vidence. Purchaser of real estate, with notice $ 42. No answer made to any bill, filed under the last section, shall be read in evidence, against the defendant on the trial of any indictment for the fraud charged in the bill.21 $ 43. To render the filing of a bill in chancery constructive notice how charged to a purchaser of any real estate, it shall be the duty of the complainof bill filed. ant to file with the clerk of the county in which the lands to be affected by such constructive notice are situated, a notice of the pendency of such suit in chancery, setting forth the title of the cause and the general object thereof, together with a description of the land to be affected thereby. Each county clerk shall place in an index to be kept in his office, such references to the said notices, as will enable all persons interested, to search his office for such notices, without inconvenience.22 Duty of county clerk. (21) Laws of 1819, p. 119, § 13; of 1823, p. 13. (22) Laws of 1823, p. 213, § 11. Oath to an $44. When a bill shall be filed in the court of chancery, other than for discovery only, the complainant may waive the necessity of the answer being made on the oath of the defendant; and in such ca-swer, may be ses, the answer may be made without oath, and shall have no other or greater force as evidence, than the bill. waived. tain issues. to establish $45. All issues upon the legality of a marriage, (except where a Trial of cermarriage is sought to be annulled on the ground of the physical incapacity of one of the parties,) shall be tried by a jury of the country; and the chancellor shall award a feigned issue for the trial thereof.23 $46. The chancellor shall have power from time to time, by gene- Chancellor ral rules of court, to establish, modify, alter and amend the practice rules for praeof the court of chancery, in the cases not provided for by any statute. And the chancellor shall, within two years after this Chapter shall commence and take effect, and at the expiration of every seven years thereafter, revise the rules of the said court, with a view to the attainment, so far as may be practicable, of the following improvements in the practice: 1. The abbreviating of bills, answers and other proceedings : 2. The expediting of the decision of causes: 3. The diminishing of costs: and, 4. The remedying of such abuses and imperfections, as may be found to exist in the practice, in any class of suits cognizable in the court of chancery. tice, &c. proceedings ed. $47. Whenever any bill, answer or other proceeding, filed in the Prolixity in court of chancery, shall satisfactorily appear to the chancellor, to have how punishbeen made unnecessarily prolix, for the purpose of increasing the costs, it shall be the duty of the chancellor to order the solicitor or counsel by whom such bill, answer or other proceeding, shall have been drawn, to pay the costs 'occasioned by such unnecessary prolixity, to the party injured thereby. ARTICLE THIRD. Of the Terms of the Court, and the Mode of proceeding therein. 49. How long to be held. 50. Stated and special terms by vice-chancellors. 51. May be held at same time with terms of chancellor. 52. Proceedings before vice-chancellors and rehearings, to be regulated by chancellor. 53. When terms of vice-chancellor may be held by another, &e. 54. Bills to whom to be addressed; certain bills, &c. to be presented to vice-chancellors; where filed. 55. All other bills, &c. to be filed with register or assistant. 56. When pleadings subsequent to bills, &c. to be filed. 57. Powers of vice-chancellors in cases that may be heard by them. 58. Orders and decrees how to be entitled and entered. 59. Appeals when to be made from decrees, &c. of vice-chancellors. 60. Appeal how made. 61. Effect of decrees and proceedings on appeal, to be prescribed by chancellor. 62. Powers of chancellor on hearing appeal. (23) 1 R. L. 326, § 5. |