$87. The chancellor shall prescribe rules for the examination of ART. 3. witnesses, so that an order may be entered by either party, requiring Rules to be the adverse party to proceed and finish such examination, within such prescribed. time as the chancellor shall, by general rules, direct, and precluding any further or other examination of witnesses, after the expiration of such time, without the special order of the chancellor, or of the vicechancellor authorised to hear the cause. $88. The chancellor may, from time to time, make such rules as th. he shall think proper, concerning the examination of witnesses, before examiners or commissioners within this state, and concerning the use of written interrogatories for the examination of witnesses residing out of this state. how taken. $89. The testimony of all witnesses shall be reduced to writing; Testimony, and when taken before a commissioner or examiner, shall be signed by the witnesses and filed in the office of the clerk of the court, or register, or assistant register, in which the bill and other proceedings in the cause shall have been filed.35 causes to proceedings, signed. $90. Subpoenas to hear judgment, shall not be necessary; but all Bringing causes shall be brought to hearing, under such rules as the chancellor hearing. shail from time to time, prescribe.36 $91. After the expiration of thirty days from the time a final de- Record of cree shall have been entered in the minutes of the court, if no appeal how made & shall have been entered therefrom, and if no petition for a rehearing shall have been presented, upon being required by either party, the register, assistant register or clerk, by whom such final decree shall have been entered, shall attach together the bill, pleadings and other papers filed in the cause, together with the taxed bill of costs therein, and shall annex thereto, a fair, engrossed copy of the decretal order of the chancellor or vice-chancellor, signed by the chancellor, or by the vice-chancellor rendering such decree, and countersigned by the register, assistant register or clerk, who entered the same.37 &c. $92. The papers and proceedings so attached, annexed and signed, Where filed, shall then be filed by the register, assistant register or clerk, and shall remain of record in his office; and such filing shall be deemed an enrolment of the decree and proceedings, with the like effect as was formerly given to enrolled decrees, 37 crees to be $93. The register and assistant register, or clerk, shall make and Certain depreserve an alphabetical docket, in which shall be entered, upon the docketed. request of any party thereto, all final decrees so filed and enrolled, directing the payment of any debt, damages, costs or other sum of mo ney. $94. Upon such request being made, and on the party paying the Contents of fees allowed for docketing such decree, and for making and send (35) Laws of 1823, p. 214, § 13. (36) 1 R. L. p. 491, § 13. (37) Ib. § 6. docket; how entered. TITLE 2 ing transcripts of such docket, as herein after directed, the register, assistant register or clerk, shall enter in such docket a statement of such decree, containing, Transcripts court. 1. The names at length of all the parties to such decree, designating particularly those against whom it is rendered, the county of which they are respectively residents, if they are residents of this state, and if not, the state, or country in which they reside, and their title, trade or profession, if any such be stated in the proceedings on which the decree is founded: 2. The amount of the debt, damages, costs or other sum of money directed to be paid by such decree: 3. The hour and day of entering such docket: And such statement shall be repeated under the name of each person against whom the decree was rendered, in the alphabetical order of their names respectively. $95. The register, assistant register or clerk, entering such docket, clerks of sup, shall immediately transmit a certified transcript thereof, to each of the clerks of the supreme court, in the cities of New-York and Albany, and in the village of Utica; and the said clerks, on the receipt thereof, shall immediately enter such transcripts, with their dockets of judgments in the supreme court, in the same manner as the transcripts of such judgments, except that they shall designate in the margin of such entry, that the same is made of a decree in the court of chancery. Docketing certain de crees, to bind real estate. When charge to cease in S96. Every final decree, which shall hereafter be made in the court of chancery, directing the payment of any debt, damages, costs or sum of money, shall bind and be a charge upon the lands, tenements, real estate and chattels real, of every person against whom such decree shall be rendered, which such person may have at the time of the docketing of such final decree by the register, assistant register or clerk, as herein before directed, or which such person shall acquire at any time thereafter. $97. Every such final decree shall cease to be a lien, or to bind certain cases. any such property, against purchasers in good faith, and against incumbrances subsequent to such decree, by mortgage, judgment, decree or otherwise, from and after ten years from the time of filing such de Discharge of decrees by party. cree. $98. Upon producing and filing with the register, assistant register or clerk, with whom any decree may have been docketed, a written acknowledgment by the party in whose favor such decree was rendered, that he has been fully paid and satisfied the amount of all monies directed to be paid by such decree, certified by some vice-chancellor or master in chancery, to have been duly acknowledged before him by the party signing the same, and that such party was known or made known to him by competent proof, the register, assistant register or clerk, shall enter in the docket of such decree, a satisfaction and discharge thereof; and such decree shall thereupon be discharged, ART. 3. and be of no force or validity. $99. The court shall have power to order the docket of a decree Ib. by court. to be discharged, upon a hearing of the parties, and upon satisfactory evidence that such decree has been fully paid and satisfied. &c. to be Supreme S100. Upon any decree being so discharged, and upon any de- Discharge, cree being wholly reversed or vacated, the register, assistant register certified to or clerk, with whom the same may have been filed, shall immediately court clerks. transmit to the clerks of the supreme court, a certificate of such fact, who shall thereupon enter in the transcript of the docket of such decree, the fact that the same is discharged, reversed or vacated. lix, and need tions. S 101. When it shall appear to the chancellor, to a vice-chancel- Costs for prolor, or to any master authorised to tax costs in the court of chancery, less deposithat the depositions of any witnesses have been unnecessarily prolix, or that such depositions were unnecessary in the cause, the charges therefor shall be disallowed in the taxation of costs, either as against the adverse party, or as between solicitor and client. And the chan- Other procellor, or vice-chancellor may, at the hearing of any cause, order that no allowance shall be made to a solicitor for any such depositions, or for any other proceeding which shall appear to have been unnecessary, or for any pleading which shall appear to have been unnecessarily prolix. ceedings. minutes. $102. Such of the minutes of the court as the chancellor shall di- Books of rect, shall be fairly transcribed into books to be provided for that purpose, in such manner and under such regulations as he shall prescribe. 38 $103. Such transcripts, after they shall have been duly compar- Effect thereed with the original, and approved by the chancellor, shall have the like effect as the original minutes of the court.38 $104. The court may enforce performance of any decree, or obedience thereto, by execution against the body of the party against whom such decree shall have been made; or by execution against the goods and chattels, and in default thereof, the lands and tenements of such party. But no process shall be issued on any final decree, until the same shall have been enrolled, as herein before provided. 36 of. Executions on decrees. S 105. Until an actual levy, no goods or chattels shall be bound Levy on perby such execution, as against a purchaser, without notice.39 sonal proper ty. certain suits, ed. 3 106. Whenever a bill shall be filed in any court of equity, for Notices in relief, for the benefit of the creditors generally of any person or of how publishany estate, or for the benefit of any other persons than the complainants, who will come in and contribute to the expense of such suit, every order which may be made thereon, requiring such creditors or other persons to exhibit their demands, shall, in all cases, be published once in each week, for at least three weeks, and as much longer as (38) Session laws, 1813, p. 95. (39) 1 R. L. p. 487 & A Abatement of causes. 16. TITLE 2 the court may direct, in the state paper, and in a newspaper printed in the county where such demands are required to be exhibited. S107. When the cause of action shall survive, no suit in chancery shall abate by the death of one or more of the complainants or defendants; but upon satisfactory suggestion to the court of such death, the suit shall proceed in favor of, or against the surviving parties.40 Certain suits how revived. Service of order, &c. Proceedings upon default &c. $108. When one or more of the complainants or defendants shall die, and the cause of action shall not survive, the suit shall abate only as to the person or persons so dying; and the surviving parties may proceed without reviving the suit.40 $109. No bill of revivor shall be necessary to revive a suit against the representatives of a deceased defendant; but the court may, by order, direct the same to stand revived, upon the petition of the complainant.40 $110. A copy of such order shall be served upon the representatives against whom the revival is ordered; who shall be allowed eighty days after such service, to appear and answer, or disclaim.40 $111. If they shall not, within that time, appear and answer or in appearing, disclaim, the court, upon due proof of the service of such order, may cause their appearance to be entered; and in such case, the answer of the deceased party shall be deemed the answer of such representatives, 40 Ib. Proceedings when further answer re quired. Tb. Revival of certain suits $112. In such case, if no answer shall have been filed by the deceased party, the court may, in its discretion, order the bill to be taken as confessed against such representatives, or compel them to answer by attachment or otherwise.40 $113. If the deceased party shall have answered, and the complainant shall deem it necessary to obtain a further answer from his representatives, the petition for revival shall state the matters as to which such further answer is required, and a copy of such petition shall be annexed to a copy of the order to be served on such representatives. $114. In such case, if the representatives shall not appear and put in such further answer, or disclaim, within eighty days after the service of the petition and order, the court, upon due proof of such service, may order the petition to be taken as confessed, or compel such further answer by attachment or otherwise. $115. When a complainant shall die, and the cause of action shall not survive, his representatives may, on affidavit of such death, and on motion in open court, be made complainants in the suit, and be permitted, if necessary, to amend the bill.11 (40) 1 R. L. p. 488, §7. (41) Ib. p. 489, § 9. $116. The defendant shall be compelled to answer such amended bill, and the causes shall proceed to issue and a hearing, as in ordinary cases. 42 ART. 4. Proceedings representa ceed. $117. When the representatives shall not cause themselves to be Ib to compe. made complainants within eighty days after the death of a deceased tives to procomplainant, the surviving complainant may proceed to make them defendants in the suit, as in cases where the representatives of a deceased defendant are made parties.42 $118. If there be no surviving complainant, or he shall neglect or refuse to proceed against the representatives of the deceased complainant as defendants, the court, upon the petition of the original defendant, may order such representatives to show cause, at a certain day to be named in such order, why the suit should not stand revived in their names, or the bill be dismissed, as far as the interests of such representatives are concerned. 119. If no such cause be then shown, the court, upon proof of the reasonable service of a copy of the order upon such representatives, may order the revival of the suit in their names, or the dismissal of the bill, with costs, or otherwise. defendant $120. If a defendant shall die, and the cause of action shall not Revival by survive, and the complainant shall neglect or refuse to procure an or- surviving. der for the revival of the suit, the court may order it to stand revived, upon the petition of a surviving defendant, against the representatives of the deceased party. $121. In such case, the surviving defendant may proceed against such representatives, in the same manner as a complainant, to compel them to appear, abide the answer of the deceased party, or answer, if an answer be required, or to have the bill or his petition taken as confessed against them; and the court may, in its discretion, stay the suit as against him, until such proceedings shall have been had. ARTICLE FOURTH. Of Proceedings against Absent, Concealed, and Non-Resident Defendants. SEC. 122. In what cases, &c. order to be made that defendant appear. 123. Time within which appearance shall be required. 124. Order how published; when publication unnecessary. 125. Time for appearance may be extended. 126. Consequence of default in appearing; reference to master. 127. Duty of master; proof of facts in cause. 128. Cases in which complainant must be examined. 129. Master to report proceedings thereon. 130. Performance of decree how enforced. 131. Property not to be delivered until security be given. 132. Decree may be satisfied, upon security being given. 133 & 134. Terms on which, and when, defendant may answer bill. |