III. ORIGINAL BILLS: Ch. VI. 1. The bill and process: 1. Preliminary proceedings to bill and process, § 1. 2. Peculiarities of practice in particular suits before 1. Foreclosure. § 8-11. 2. Bill to redeem, § 12-14. 3. Discovery, or discovery and relief, § 15-17. 4. Interpleader, $18. 5. Divorce, 19-21. 6. Account, 22. 7. Injunction and ne exeat, $ 23-29-30. S Bill for, and application for certificate, for preliminary injunction, or a ne exeat, ib. 3. Further steps before bill filed. 1. Preparing process, $ 30. 2. Petition for leave to file a bill instead of petition, $31. 3. Notice of the object of suit and of lis pendens, $32. 4. Security for costs; deposits, &c. drawing orders for writs, &c. 33-4. 2. Pro confesso, or proceedings from bill to final decree upon default, Ch. VII. 1. Preliminary to taking the bill as confessed. 1. Filing the bill issuing process, subpoena, &c. serv. ing notices, 1-6. 2. Service and return of process, § 2-5. 3. Attachment for violating injunction, $6. 4. Appointment of receiver, $7. 2. Taking the bill as confessed. 1. Upon non-appearance on personal service of subpoena, § 8, 9. 1. General routine of proceedings to decree and execution, 9-15. 1. Foreclosure, § 16-25. 2. Divorce, 26-29. 3. Bill to redeem, specific performance, &c. § 30. 13. 2. Upon non apppearance, on personal service or publication of a special order to appear, the defendant being non-resident absent or concealed, 8. 31-35. S1. Proceedings to sequestration, $34. 3. Upon non appearance on service of subpoena not 4. Upon no answer after appearance and proceedings to compel answer, 8. 41-44, Order of course that defendant answer, or in discovery that attachment issue, $42-3. Further proceedings by complainant before de- 1. Injunction, ne exeat, receiver, § 46. 3. Supplemental bill. 4. Bill of revivor on abatement by death or marriage, 49, 50. 5. Petition or motion to revive on death 8. Commission to take testimony de bene esse, § 53. 3. Defence, bill and answer, Ch. VIII. 1. Defendant's proceedings, $ 1. 1. Before appearance, 1-8, 1. To defend as a poor person, § 2. 2. For appointment of guardian ad litem, § 3. 3. To stay or set aside proceedings for irregularities which would be cured by an appearance, 5. 4. For leave to appear separately, § 6. 2. After appearance, § 9. 1. By petitions, motions, exceptions or appeal, $1.9. 1. To remove the cause into the circuit court of the United States, $9. 2. To stay suit. 4. Disclaimer, § 33-34. 6. Demurrer, plea and answer, § 44. 2. Proceedings after answer, § 45. 1. Defendant's proceedings continued, § 45-51. 2. Examination of witnesses de bene esse, § 48. 5. Paying money into court, § 48. 6. Putting complainant to his election, $49. 8. Moving for production of papers referred to 2. Complainant's proceedings after answer, § 52-65. 1. Amendment of bill, supplemental bill or revivor, $52. 2. Motion for production of papers referred to in answer, § 53. 3. Motion for payment of money into court, or transfer of stock, § 54. 4. Exceptions to answer, § 55-62. 5. Exceptions to report on exceptions to answer, 59. 63-64. 3. Bill and answer, § 65. 1. Reference of course or special before hearing, 66-7. 2. Exceptions to report on reference, and setting cause down on exceptions, and for further directions, $67-69. 3. Preparing for hearing, § 70. 73. 4. Hearing, decree, reference, rehearing, appeal, final decree, execution and satisfaction, § 74-78. 4. Replication, pleadings and proofs, Ch. IX. 1. Replication and issue, 1-5. 2. Pleadings and proofs. (1. Feigned issue in divorce before order to produce witnesses, $5. 2. Application for order for examination before. vice-chancellor, 7. 3. Order to produce witnesses. 8. 18. THE PRACTICE OF THE COURT OF CHANCERY. CHAPTER I. THE COURT. THE general powers, duties, and jurisdiction of the Court of Chancery of the State of New-York, are coextensive with those of the High Court of Chancery in England, with the exceptions, additions, and limitations created by the constitution and laws of the state.(1) ¿i. § 1. Territorial L.mits. The territorial limits of the court are the prescribed boundaries of the State, and its process may issue into every part of it; not excepting places ceded to the United States for public uses ;(2) for the intention of such cessions would create an implied reservation of civil jurisdiction, always essential to the integrity and unfettered exercise of state sovereignty. For purposes of local jurisdiction the state is divided into eight circuits, LocalCircuits corresponding with the eight senatorial districts; subject to alterations, (3) but unalterable until the census in 1835. The First consists of the Counties of New-York, Richmond, Kings, Queens, Suffolk; the Second: West chester, Putnam, Dutchess, Rockland, Orange, Ulster, Sullivan, Delaware; the Third: Greene, Columbia, Albany, Rensselaer, Schoharie, Schenectady; the Fourth: Saratoga, Montgomery, Hamilton Washington, Warren, (1) 2 R. S. 173. s 36. (2) See 1 R. S. 61. 65, 66. Cowen, 471 See 7 (3) See Constitution, Art. 5. s. 5. and Art. 1. s. 5. R. S. 1 84. and § 2. |