and practice of this Court, orally before Henry Roberts, an Examiner of this Court, or some other proper officer, under said statutes and rules, at Room 4, Number 206 Broadway, New York, on the 20th day of July, 1889, at 11 o'clock in the forenoon. The names and residences of the witnesses who live at a greater distance from the place of trial than one hundred miles, whom it is intended to examine, are stated below. You are invited to attend and cross-examine any witnesses produced. The examination will be adjourned from day to day, and to such time and place as may be required, without further notice. FORM VII.-NOTICE OF DEPOSITION UNDER REVISED STATUTES. United States Circuit Court for the Northern District of New York. GEORGE H. BENJAMIN, Plaintiff, In Equity. THE JOHN T. NOYE MANUFACTURING COMPANY, Defendant. Please take notice that the complainant herein will take the testimony of George H. Benjamin, F. Rudinger and George V. Hecker, all of whom reside at the City of New York, and State of New York, and others, each and all of whom reside more than one hundred (100) miles from the place of trial herein, and more than one hundred (100) miles from any place at which a Circuit Court of the United States for the Northern District of New York is appointed to be held by law, at the final hearing for use on behalf of the complainant, before Henry T. Brennan, Esq., a Notary Public in and for the City and County of New York, who is not of counsel nor interested in this cause, at the office of Brown & Jones, at No. 35 Wall Street, in the said City of New York, and State of New York, on the 4th day of January. 1892, at 11 o'clock A. M., an1 thereafter from day to day as the taking of the depositions may be adjourned; and such testimony will be so taken in accordance with the provisions of Sections 863, 864, and 865 of the Revised Statutes of the United States and the Equity Rules. BROWN & JONES, Complainant's Solicitors, Dated New York, December 28, 1891. No. 377 Main Street, Buffalo, New York. FORM VIII.-ORDER FOR DEDIMUS POTESTATEM. At a stated term of the United States District Court held at the United States Court Building in the city of New York, for the Southern District of New York, on the 13th day of April, 1874 Present: the Honorable Samuel Blatchford, the District Judge. THE UNITED STATES 08. S. N. WOLFF et al. On reading and filing affidavit of plaintiff's attorney and notice of motion, with proof of due service thereof on attorneys for the defendant, Alphonse de Reisthal, who only has appeared herein, George Bliss, Esq., appearing for the plaintiff, and W. J. A. Fuller, Esq., for the defendant, Alphonse de Reisthal, It is, on motion of George Bliss, Esq., United States Attorney, ordered that a dedimus potestatem be issued in this cause out of this court, directed to the United States Consul, and to such deputy or representative of said consul as may be authorized by him to act in his place and stead, at the following named places, respectively, viz.: To E. P. Beauchamp, United States Consul at Aix-la-Chapelle (Aachen), Germany, and his deputy or representative; to W. P. Webster, United States Consul at Frankfort-on-the-Main, and his deputy or representative; to H. Kreisman, United States Consul at Berlin, Prussia, and his deputy or representative; to J. S. Stuart, United States Consul at Leipzic, German, and his deputy or representative; to Daniel McM. Gregg, United States Consul at Prague, Austria, and his deputy or representative; to S. H. M. Byers, United States Consul at Zurich, Switzerland, and his deputy or representative; to examine the following-named persons under oath as witnesses herein, viz.: A. Amberg, and the person or persons composing the firm of A. Hirsch & Co., of Cassel, Germany; S. N. Wolff, of Neidheim, near Cassel, aforesaid; the person or persons composing the firm of Luttger Brothers, of Petersmuhle, near Solingen, Germany; Carl Aufermann, of Losenbach, near Liedenscheid, Germany; V. T. Pospichel, of Wiesenthal, Bohemia; and the person or persons composing the firm of Leopold Czech & Co., of Haida, Bohemia; the person or persons comprising the firm of E. Kreimer & Co., Berlin, Prussia; W. Wagner, Jr., of Plattenberg, Switzerland, and T. L. Lurman, and J. W. Maes, of Iserlohn, Germany. It is further ordered that the examination above provided for shall take place during the months of July and August, 1874, and at such times within said months as is hereinafter designated. It is further ordered that either party to this action shall have liberty to examine not only the witnesses herein named, but any other witnesses that either party may desire to examine at the aforesaid places of Aix-laChapelle, Frankfort-on-the-Main, Berlin, Leipzic, Prague, or Zurich, before either of the persons herein authorized to take testimony; provided, however, that the names of said witnesses and their places of residence shall be given to the attorney of the opposite side in New York, before June 6, 1874, or such notice be given in Europe to the opposite counsel acting there for either party to this action, in either of the aforesaid places of Aix-la-Chapelle, Frankfort-on-the-Main, Berlin, Leipzic, Prague, or Zurich, where such other witnesses are to be examined, two days before such examination. It is further ordered that, prior to June 6, 1874, the attorneys for the respective parties shall give notice in New York, each to the other, of the names and European address, for the last week in June, 1874, of the counsel for the respective parties who are to take testimony under this commission. It is further ordered that the examination of witnesses shall be had at the following places, in the following order, and not otherwise, viz.: First, at Aix-la-Chapelle, next at Frankfort-on-the-Main, next at Berlin, next at Leipzic, next at Prague, next at Zurich; that four weeks shall elapse between the examination of witnesses at Prague and Zurich; that the examination shall commence at Aix-la-Chapelle, on the 6th day of July, 1874, or within two days thereafter; and that no examination shall be had of witnesses at any place after the examination has been finished at that place, or the examination of witnesses commenced at another place. It is further ordered that the counsel for the plaintiff shall have with him at any and all said examinations of said witnesses, or either of them, all the original invoices mentioned in the declaration herein, or copies or duplicates thereof, and which are in the possession of the plaintiff, and that counsel for defendant shall have full and free inspection thereof, and liberty to take copies of the same. It is further ordered that all directions herein contained as to time, place, order, and manner of examination of said witnesses may be changed or modified by the written consent of the counsel for the respective parties in Europe or in New York. It is further ordered that the examination of all witnesses under this commission shall be oral, or taken by question and answer, in the usual manner of taking oral depositions, by examination, cross-examination, and redirect examination; that the testimony given under such examination shall be reduced to writing, signed by the witnesses, and certified by the commissioners, respectively, and by them transmitted by mail to the clerk of this court at the city of New York, unless otherwise mutually agreed upon by said counsel for both parties. It is further ordered that all testimony taken under the commission provided for herein, shall be taken subject to all legal objections at the trial of this action. SAM. BLATCHFORD. FORM IX. LETTERS ROGATORY. UNITED STATES OF AMERICA, } Southern District of New York. S [SEAL.] The President of the United States of America to the President of the Court at S. Angelo dei Lombardie in the Kingdom of Italy, GREETING: Whereas a certain suit is pending in our Circuit Court for the Southern District of New York, in which Giovanni P. Riva, as administrator of the estate of Angelo di Nicola, deceased, is plaintiff, and the New York Cen. tral and Hudson River Railroad Company is defendant, and it has been suggested to us, that justice cannot completely be done between the said parties, without the testimony of Grazia Di Ventuto, Antonio Torrello, and Maria Michela Torrello, all of whom reside at Bagnoli Irpino within your jurisdiction; We therefore request you that in furtherance of justice you will by the proper and usual process of your Court, cause said Grazia Di Ventuto, Antonio Torrello, and Maria Michela Torrello to appear before you, or `some competent person by you for that purpose to be appointed and authorized, at a precise time and place by you to be fixed, then and there to make answer on their oaths and affirmations to the several interrogatories hereunto annexed; and that you will cause their depositions to be committed to writing, and to be returned to us under cover addressed to the clerk of the Circuit Court of the United States for the Southern District of New York, at the City of New York and State of New York, in the United States of America, duly closed and sealed up together with these presents, and we shall be ready and willing to do the same for you in a similar case when required. Witness, Hon. MELVILLE W. FULLER, Chief Justice of the Supreme Court of the United States, at the City of New York, the 24th day of December, in the year of our Lord one thousand eight hundred and ninetyJOHN A. SHIELDS, Clerk. [L. S.] one. FORM X.-MASTER'S WARRANT OR SUMMONS. Circuit Court of the United States for the Southern District of New York. In pursuance of the authority contained in a decretal order made in this cause by the Honorable William J. Wallace, Circuit Judge, and the Honorable Nathaniel Shipman, District Judge, at a stated Term of this court held at the United States Court House in the City of New York on the 5th day of July, A. D. 1888, I, Benjamin Smith, one of the Masters of said Court, do hereby summon you, John Doe, complainant, and Richard Roe, defendant, to appear before me, the said Benjamin Smith, at my office at No. 206 Broadway, in the City and County of New York in the Southern District of New York, on the fourth day of January, A. D. 1889, at two o'clock in the afternoon, to attend a hearing before me, the said master, of the matters in reference in the said cause to be had by virtue of the decretal order aforesaid. And hereof fail not at your peril. BENJAMIN SMITH, Master. Dated the 28th day of December, 1888. TO JOHN DOE and RICHARD ROE BENJAMIN SMITH, Master. FORM XI.-NOTICE ACCOMPANYING DRAFT OF MASTER'S REPORT. Circuit Court of the United States for the Southern District of New York. SIRS: You are hereby notified that I have prepared the draft of my Report upon the matters referred to me as Master, by the Interlocutory Decree herein dated the 30th day of November, 1887, and that a copy of such Draft Report accompanies and is annexed to this notice and is herewith served upon you; you are also hereby notified that I shall sign and file said Draft Report as my Report herein, unless alterations are made by me therein, upon suggestions of counsel for either party hereto, and that I appoint the 26th day of February, 1889, at my office, Room 3, No. 10 Wall Street, in the City and County of New York, at 11 o'clock in the forenoon of said day, for counsel for either party hereto to present to me any suggestions of amendments to or alterations of said Draft Report, and to file with me written objections or exceptions thereto, if any they have to the Yours, &c., BENJAMIN SMITH, Master. same. Dated New York, February 21, 1889. To Messrs. BROWN & BLACK, Complainant's Solicitors, 1 Broadway; and ROBERT JONES, Defendant's Solicitor, 111 Broadway, New York City. FORM XII.-ORDER APPOINTING REFEREE TO TRY ACTION AT COMMON LAW. At the April Term of the United States Circuit Court for the Southern District of New York, held in New York City, at the Post Office, on April 24, 1888. Present: Hon. WILLIAM J. WALLACE, Circuit Judge. ANDREW BROWN, Plaintiff, THE NEW YORK, LAKE ERIE, AND WESTERN RAILROAD COMPANY, Defendant. On reading and filing the annexed stipulation, it is Ordered that the above-entitled action be referred to Hamilton Cole, Esq., as sole Referee, to hear and determine all the issues thereof, and that judgment may be entered upon his report as such Referee with the same force and effect as upon a hearing and decision of the Court. And it is further ordered that the said Referee shall make special findings of fact herein, and that said findings when adopted by the Court shall have the same force and effect as and shall be deemed findings of the Court. It is further ordered that this action and the issues therein may be tried and determined by the Court without the intervention of a jury. It is further ordered that judgment shall not be entered herein until |