shall have given sufficient security by way of recognizance, to be taken by the clerk, or chancellor, signing such subpoena, to the adverse party, for the costs of the proceeding, with a similar condition, and with the like effect as the recognizance taken on issuing a writ of attachment in a suit at law. (Sec. 14 of R. S.)

SECT. 24. Pending any cause in the court of chancery, such court shall have power, on sufficient cause being shown and verified by affidavit, to issue a writ of sequestration against the goods, chattels or estate of the defendant, and such writ shall be served in the same manner as is directed by law in case of attachment on mesne process, and the estate, thereby sequestered, shall, in like manner, be held to respond the decree which shall be finally made in such cause. (Sec. 15 of R. S.)

SECT. 25. Such court, whenever it may be necessary, shall require of either party sufficient security for costs of prosecution. (Sec. 16 of R. S.)

SECT. 26. Whenever any bill, answer or other proceeding in the court of chancery, shall satisfactorily appear to the court to have been made unnecessarily prolix, for the purpose of increasing the costs, it shall be the duty of the court to order the solicitor, 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. (Sec. 27 of R. S.)

SECT. 27. In suits for the payment or recovery of money, offsets shall be allowed agreeably to the equitable rights of the parties. (Sec. 26 of R. S.)

SECT. 28. The answer of the defendant, in any suit in chancery, shall not be used as evidence to prove any fact therein stated, in any prosecution against such defendant for a crime or penalty. (Sec. 25 of R. S.)

SECT. 29. The judges of the supreme court shall, from time to time, by general rules, which shall be uniform and binding in all the counties in the state, establish, modify, alter and amend the practice of the court of chancery. (Sec. 17 of R. S.)

TESTIMONY.

SECT. 30. The court of chancery may issue a commission to any person to take testimony in any cause pending in said court. (Sec. 32 of R. S.)

SECT. 31. Such commission may be issued by the clerk of the court, under such regulations as the general rules shall prescribe. (Sec. 33 of R. S.)

SECT. 32. Such commission shall be issued upon the petition of the party desirous that such testimony should be taken. (Sec. 34 of R. S.)

SECT. 33. The petition must name the person to whom the commission is prayed to be directed, and such notice of the application shall be given to the adverse party as the general rules shall direct. (Sec. 35 of R. S.)

SECT. 34. The person, so commissioned, shall have full authority

to administer all necessary oaths to all witnesses examined under such commission. (Sec. 36 of R. S.)

SECT. 35. The respective parties and their solicitors may be present at the examination of any witness, produced before a master or examiner, or under a commission, and every such witness may be examined, cross examined, and reëxamined orally. (Sec. 37 of R. S.)

SECT. 36. The examination of witnesses, in such case, shall be conducted by the master, examiner or commissioner only, and it shall be his duty to propound to the witness any pertinent question, on the request of either party or his solicitor, under such regulations as shall be prescribed by the general rules on that subject. (Sec. 38 of R. S.)

SECT. 37. Whenever it shall appear to the court, that it is expedient that the witnesses in any cause should be examined in the presence of the court, the court may order such examination to be had accordingly, either at a stated or special term. (Sec. 39 of R. S.)

SECT. 38. In such case, no witness shall be examined by either party before a master, examiner or commissioner, without the special direction of the court. (Sec. 40 of R. S.)

SECT. 39. The testimony of all witnesses shall be reduced to writing, and, when taken before a commissioner or examiner, shall be signed by the witness and filed in the office of the clerk of the court, in which the bill and other proceedings shall have been filed. (Sec. 41 of R. S.)

DEATH OR MARRIAGE OF PARTY, AND REVIVOR OF SUIT.

SECT. 40. 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; and if a feme sole, either complainant or defendant, marries pending the suit, the same shall not, for that cause, abate; but, such marriage being suggested, the husband of such party shall be cited in, and the cause shall proceed. (Sec. 45 of R. S.)

SECT. 41. 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 such deceased person, and the surviving parties may proceed without reviving the suit. (Sec. 46 of R. S.)

SECT. 42. 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 suit revived upon the petition of the complainant. (Sec. 47 of R. S.)

SECT. 43. A copy of such order shall be served upon the representative, against whom the revival is ordered, who shall be allowed thirty days after such service to appear and answer or disclaim. (Sec. 48 of R. S.)

SECT. 44. If he shall not appear within that time and answer or disclaim, the court, upon due proof of the service of such order, may cause his appearance to be entered, and, in such case, the

answer of the deceased party shall be deemed the answer of such representative. (Sec. 49 of R. S.)

SECT. 45. 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 representative, or compel him to answer by attachment or otherwise. (Sec. 50 of R. S.)

SECT. 46. If the deceased party shall have answered, and the complainant shall deem it necessary to obtain a further answer from his representative, 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 representative. (Sec. 51 of R. S.)

SECT. 47. In such case, if the representative shall not appear and put in such further answer, or disclaim, within thirty 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. (Sec. 52 of R. S.)

SECT. 48. When a complainant shall die, and the cause of action shall not survive, his representative may, on affidavit of such death, and on motion, at a stated term of the court, be made complainant in the bill, and be permitted, if necessary, to amend the bill. (Sec. 53 of R. S.)

SECT. 49. The defendant shall be compelled to answer such amended bill, and the cause shall proceed to issue and a hearing, as in ordinary cases. (Sec. 54 of R. S.)

SECT. 50. When the representative shall not cause himself to be made complainant, at the stated term of the court next after the death of the deceased complainant, the surviving complainant may proceed to make him defendant in the suit, as in cases where the representatives of a deceased defendant are made parties. (Sec. 55 of R. S.)

SECT. 51. If there be no surviving complainant, or he shall neglect or refuse to proceed against the representative of the deceased complainant, as defendant, the court, upon the petition of the original defendant, may order such representative to show cause, on a certain day, to be named in such order, why the suit should not stand revived in his name, or the bill be dismissed, as far as the interests of such representative are concerned. (Sec. 56 of R. S.)

SECT. 52. If no such cause be then shown, the court, upon proof of the reasonable service of a copy of the order upon such representative, may order the revival of the suit in his name, or the dismissal of the bill, with costs or otherwise. (Sec. 57 of R. S.)

SECT. 53. If a defendant shall die, and the cause of action shall not survive, and the complainant shall neglect or refuse to procure an order for the revival of the suit, the court may order it to stand revived, upon the petition of a surviving defendant against the representative of the deceased party. (Sec. 58 of R. S.)

SECT. 54. In such case, the surviving defendant may proceed against such representative, in the same manner as a complainant, to compel him 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 such representative, and the court may, in its discretion, stay the suit as against him, until such proceedings shall have been had. (Sec. 59 of R. S.)

INJUNCTIONS.

SECT. 55. No injunction shall be issued in any case, until the bill shall have been filed. (Sec. 30 of R. S.)

SECT. 56. The issuing of a subpoena, attached to a bill, shall be deemed the filing of the bill. (Sec. 31 of R. S.)

SECT. 57. No injunction shall be issued to stay the trial of any personal action at issue in a court of law, until the party applying therefor, shall execute a bond, with one or more sureties to the plaintiff in such action, in such sum as the court allowing the injunction shall direct,-conditioned for the payment to the plaintiff or his representative, of all intervening damages occasioned by delay to such plaintiff, with additional costs in such action at law, if the plaintiff therein shall finally recover. (Sec. 1 of No. 3 of 1846.)

SECT. 58. No injunction shall issue to stay proceedings at law, in any personal action after verdict or judgment, until a bond be given to the plaintiff in such judgment, as provided in the preceding section,-conditioned for the payment of all intervening damages occasioned to such plaintiff by delay. (Sec. 2 of No. 3 of 1846.)

SECT. 59. No injunction shall issue to stay proceedings at law in any action of ejectment, after verdict, unless the party applying therefor shall execute a bond, with one or more sureties, to the plaintiff in such action at law, in such sum as the court allowing the injunction shall direct, conditioned for the payment to the plaintiff in such action, and his legal representatives, of all such damages and costs as may be awarded to him in case of a decision against the party obtaining such injunction. (Sec. 64 of R. S.)

SECT. 60. The damages, to be paid upon the dissolution of such injunction, shall be ascertained by reference to a master, and shall include, not only the reasonable rents and profits of the land recovered by such verdict, but all waste committed thereon after the granting of the injunction. (Sec. 65 of R. S.)

SECT. 61. The court may dispense with any deposit of moneys required by either of the preceding sections,* and in lieu thereof may direct the execution of a bond, with two or more sufficient sureties, to be approved by the court, conditioned to pay the amount so required to be deposited whenever ordered by the court of chancery. (Sec. 66 of R. S.)

SECT. 62. Whenever any injunction shall be applied for to stay proceedings at law, in an action after judgment or verdict, on the ground that such judgment or verdict was obtained by actual fraud, the court may dispense with the deposit of any moneys or the execution of any bond. (Sec. 67 of R. S.)

SECT. 63. The sufficiency of the sureties in any bond, executed under the provisions of this chapter, shall be ascertained, either by

*Referring to the sixty-second and sixty-third sections of the Revised Statutes, which were repealed by No. 3 of 1846.

the certificate of a master in chancery, stating that he has inquired into the circumstances of such sureties, and is satisfied with their sufficiency, or satisfactory affidavits, stating that each surety is a freeholder, resident within this state, and that he is worth a sum equal to the amount, in which the bond shall have been required, over and above all debts and demands against him. (Sec. 68 of R. S.)

SECT. 64. Whenever a bond shall be required, pursuant to the provisions of this chapter, prior to the issuing of an injunction, the same shall be filed with the clerk before the delivery of the injunction. (Sec. 69 of R. S.)

SECT. 65. The court of chancery, upon the dissolution of an injunction staying execution of any judgment at law, may, in its discretion, require the respondent to give sufficient security to the complainant for the payment of all such damages and costs, as shall be finally awarded to him by the decree of such court. (Sec. 70 of R. S.)

SECT. 66. The court shall direct the delivery of any bond, executed under the provisions of this chapter, to the person entitled to the benefit thereof, for prosecution, whenever the condition of such bond shall be broken, or the circumstances of the case shall require such delivery. (Sec. 71 of R. S.)

RECEIVERS.

SECT. 67. Whenever the stock in any manufacturing establishment, either of woollen, cotton, iron, paper, leather or other materials, consisting of articles in the process of manufacture, with or without the materials necessary for the manufacture of the same, shall be taken by virtue of any writ of attachment in a suit at law, and are not in a condition to be sold without a sacrifice, and cannot be kept without loss and damage, the court of chancery, on the petition of any party interested, may, in its discretion, appoint some discreet and competent person to receive the articles so attached, and complete the manufacture thereof, and dispose of the same, on the terms most advantageous to all the persons interested therein, and apply the proceeds, under the direction of the court of chancery:

First. To the payment of all necessary expenses incurred by the receiver in the manufacture and sale of such articles.

Second. To the payment of such sum as the court shall judge reasonable to the receiver, for his personal services in transacting the business.

Third. To the payment of the costs of the proceedings in chan

cery.

Fourth. The residue to be applied in the same manner as though the money was received by the officer, on the sale of such goods upon an execution issued on the judgment, to respond which they were originally attached. (Sec. 75 of R. S.)

SECT. 68. Notice shall be given to all the parties to the attachment, or their attorneys, to appear and show cause why the prayer