or matter shall have been expressly referred to such vice-chancellor ART. 1. for his decision thereon, by the order of the chancellor. chancellor is $4. In all other cases than those in which the vice-chancellors are Causes which vested with the powers of the chancellor, as herein before enumerat- to hear. ed, proceedings shall be had before the chancellor, as heretofore practised in the court of chancery; but the hearing and decision of any Reference to motion, or of any cause set down for hearing before the chancellor, vice may be referred, by his order, to any vice-chancellor, subject to the appellate jurisdiction of the chancellor. vice-chancel costs. $5. The exclusive power of taxing costs in the court of chancery, Taxation of shall be vested in the vice-chancellors, and in such masters of the court, as the chancellor shall from time to time, by an order of the court, designate and appoint.13 under direc $6. The vice-chancellors shall execute such other powers and du- Other powers ties, in relation to any matter pending in the court of chancery, as the tion of chanchancellor shall from time to time direct, subject in all cases to his appellate jurisdiction. cellor. chancellor is party to a suit $7. When the chancellor shall be a party to a suit in chancery, Powers, when or interested in the event of such suit, the bill shall be addressed to and filed before some one of the vice-chancellors, who shall proceed thereon as a court of chancery, and shall possess all the powers of that court in relation to the subject matter of such bill; and appeals from any order or decree of such vice-chancellor, shall be made immediately to the court for the correction of errors, in the same manner as if such order or decree had been made by the chancellor. $8. The register of the court of chancery shall attend every court Register and held by the vice-chancellor of the third circuit, and shall be the clerk attend certain thereof; and the assistant register shall attend every court held by the vice-chancellor in the first circuit, and shall be the clerk thereof. The clerks of the court of chancery residing in the second and fifth circuits, shall attend every court held by the vice-chancellors of such circuits respectively. In each of the other circuits, a clerk of the Clerks in court of chancery shall be appointed, who shall attend every court held by the vice-chancellor of such circuit; and shall keep an office in such place as such vice-chancellor shall direct. assistant, to courts. other circuits. given by re $9. The register and assistant register of the court of chancery Bonds to be bereafter appointed, before entering on the duties of their respective gister, &c. offices, shall each execute a bond to the people of this state, in the penalty of twenty thousand dollars, with two sufficient sureties, to be approved by the chancellor, and conditioned for the faithful performance of the duties of his office. A similar bond, in the penalty of ten thousand dollars, with sureties to be approved by the vice-chancellor in chancery. of the circuit, shall be executed by the clerks of the court of chancery And by clerks TITLE 2 Where to be filed. for breach of bonds. now in office, within sixty days after this Title shall commence and take effect as a law, and by the clerks hereafter appointed, before entering on the duties of their respective offices.14 $10. Such bonds shall be filed in the office of the comptroller of this state.1 14 Prosecution S11. If any such bond shall become forfeited by a breach of its condition, the chancellor shall direct it to be prosecuted; and the monies recovered, shall be applied, under his direction, for the indemniof money re- ty of the persons aggrieved by such breach, in proportion to the amount of their respective losses.14 Application covered. Custody of books, &c. of chancery. Books, &c. of equity courts, $ 12. The register and assistant register, shall severally have the custody of all the minutes, books, records and papers now deposited, or that may hereafter be deposited in their respective offices; and it shall be their duty carefully to attend to the arrangement and preservation thereof,15 $ 13. Within ten days after this Title shall take effect as a law, the to be deliver several clerks of the equity courts in the different circuits, shall deliin chancery. ver all the books and papers in their custody as such clerks, as fol ed to clerks Delivery how compelled. Pending cau. ses in equity courts. Transmission of books, &c. lows: the clerk in the first circuit, to the assistant register of the court of chancery; the clerk of the equity court of the second circuit, to the clerk in chancery residing in that circuit; the clerk in the third circuit, to the register of the court of chancery; the clerk in the fifth circuit, to the clerk in chancery residing in that circuit; and the clerks of the remaining equity circuits, to the clerks in chancery who shall be appointed in their respective circuits. S14. Such delivery may be compelled in the manner prescribed in Article fifth of the sixth Title of the fifth Chapter of the First Part of the Revised Statutes. $ 15. All causes and matters in equity which shall be pending in any of the equity courts, at the time this Chapter shall commence and take effect as a law, shall be deemed to have been commenced and to be pending in the court of chancery; and all necessary further proceedings shall be had therein before the vice-chancellor having jurisdiction, in the manner prescribed in this Title. $ 16. The register and assistant register may, under the direction in chancery. of the chancellor, convey any of the records, books or papers, in their respective offices, to the office of each other, or to any other place, as the course of legal proceedings may require; and any papers on file in the office of any clerk of the court of chancery, shall be transmitted to the register or assistant register, whenever directed by the chancellor, either by special orders, or in the cases provided by the general rules to be established by him.15 (14) 1 R. L. p. 491, § 16. (15) Ib. p. 487, § 1. ART. 1. Deposit of $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 roshall be kept with the said banks, in such manner and form as the register, &c. court shall direct. 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 regi 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. $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. of cashier. 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 for that purpose, authenticated by the signature of the chancellor or vice-chancellor making such order. Stocks, &c. whei to be in name of register, &c. them. $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 accounts 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 stock, &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." And entitled to money deposited in banks. Sergeants of chancery. Sheriffs of counties, offi 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. 19 $29. The sheriffs of the respective counties shall be officers of the cers of court. Court of chancery, for the purpose of executing the process of the Their duties. Sheriff's to attend terms counties. court. 19 $30. 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 of the court, in any county of this state.19 duties. (17) 1 R. L. p. 492, § 19. (18) Ib. § 18. (19) Ib. § 5. ART. 2. Applications tions, &c. to to be made $32. If an application for an order that an injunction or writ of ne exeat issue, be made to the chancellor, or any vice-chancellor, or 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 cato 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 Punishment 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. in, void. 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. 29. 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. $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 of chancery. 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 dia (20) Laws of 1824, p. 301, § 13. creditor may |
