understand or know the same? and when, and by whom, and in what manner did you appear and take a copy of the said bill, or get a sight of such copy, and first understand the contents thereof? and did you put in your answer to the said bill within the time limited for that purpose, or hath any, and what answer, yet, and when, been put in thereto by you, or how otherwise? Declare, &c. [Willis' Interrogatories, p. 294.]

On attachment for not paying costs. Interrogatories to be exhibited to E. S., a defendant in this cause, on the part of the complainants, under an order of the day of

(Title.) First Interrogatory.-Was you or was you not, on the day of last, personally served with a copy of an order made in this cause, dated the day of last, ordering you to pay the costs of the exceptions taken by the complainants to your answer, which were taxed at the sum of $24 32? and was there or was there not, at the same time exhibited to you a written power of attorney, or authority to C. M., who served such order, to receive such amount?

Second Interrogatory.-Have you, or any persons by your behalf paid such amount, or any part thereof? W. H., Solicitor of Complainants.

your directions, or on Declare fully.

H. M. of Counsel.

Upon a refusal to produce a deed before a master, where a sale had been made under a decree.

(Title.)

Interrogatories to be exhibited to J. D., a defendant in this cause, on the part of the complainants, under an order of this court, dated the

First Interrogatory.-Have you ever seen a deed of the premises formerly known as 69 Partition-street, now as No. 170 Fulton-street, to Abraham Brower, your father? If yea, state when, by whom was the same executed, and what was the date thereof?

Second Interrogatory.-Have you ever had said deed in your possession? If yea, from whom did you receive it? Had you the same in your possession, or under your control, on Monday, the 27th of January, 1834? Is the same now in your possession, or under your control? If not, when did you part with such possession or control, and to whom did you deliver said deed, and where is the same at this time?

Third Interrogatory.-Were you applied to on the said 27th day of January, by the solicitor of said complainant, John C. Morrison, and by William F. Phyfe, the purchaser of said premises, or either of them, and which, to exhibit said deed, and deposit the same with Stephen Cambreling, Esq., master in chancery, for inspection? And were you not informed by said solicitor, or said Phyfe, or either of them, and which, that the inspection of said deed was necessary to complete the purchase of said premises? Did the said Phyfe inform you, and when, that he would not take said premises unless he could see said deed, or did any other person tell you so on behalf of said Phyfe? If so, who, and when, so told you?

Fourth Interrogatory.-Did you, on the twenty-eighth day of January, 1834, receive a notice that a motion would be made in this court on the 29th day of said January, for an order of this court, requiring you to exhibit said deed, and deposit the same with the said master? Did your solicitor William P. Hawes, on said 29th day of January, show you a copy of the order made on that day by this court, requiring you to deposit said deed with said master, and did you inform said solicitor that you would not comply with said order? Were you personally served, on said 29th day of January, with a copy of said order, by the solicitor of the said complain" ant, and requested by him to deposit said deed with said master? And did you not then inform said solicitor that you would not deposit said deed, or exhibit the same to any one? If not, what did you state to said solicitor?

Fifth Interrogatory.-Have you yet deposited said deed with said master as required by said order of this court, made on said 29th day of January, and a copy of which was served on you?

H. E. D., Solicitor for Complainants.

S. A. F., of Counsel.

(See also the interrogatories in Lovett v. Rogers, post.)

(Title.)

No. 143. Page 437.

ORDER TO TAKE PROOFS AND DISCHARGE PARTY ON BAIL.

At, &c. The sheriff of the county of Greene having brought the above defendant into court on an alias attachment issued in this cause out of said court, and this court having caused interrogatories to be filed specifying the facts and circumstances alleged against the said defendant, and requiring him to make answer, and the said defendant having made written answers on oath, denying the misconduct alleged against him; and counsel for the complainant and defendant having been heard, on motion of A. D. R., Esq., of counsel for the complainant, it is ordered that the said interrogatories and answers be referred to J. R., Esq., one of the masters of this honourable court residing in the city of Albany, to take such affidavits or other proofs of the facts therein mentioned as may be offered contradictory of the answers of the said defendant, or in confirmation thereof.

That subpoenas issue out of and under the seal of this court, directed to R. R., Esq., a solicitor of this court, residing in the city of New-York, requiring his personal attendance before said master, to be examined and cross-examined on oath touching the matters aforesaid, and such other witnesses as the said complainants and defendants may deem advisable or necessary. That said subpœna or subpoenas be served on said witnesses four days before their examination before said master; and that said master make report of the proof taken before him to this court, with all convenient speed. It is further ordered, that the defendant remain in the custody of the sheriff of the county of Greene until the

coming in of the master's report, or until the further order of this court, unless he furnishes to said sheriff a bond, with sufficient sureties to be approved of by one of the masters of this court, residing at Catskill, in the county of Greene, in the penal sum of two hundred dollars, conditioned for the appearance of the said defendant in this court on the first Tuesday in January next, before the chancellor, at the capitol, in the city of Albany, and then and there to abide the order and judgment of this court thereupon; and upon the delivery of such bond to said sheriff, that he, the said defendant, be discharged from custody, and that the said bond be filed with the register of this court; and it is further ordered, that in case the defendant does not give the bond as required, that the sheriff bring him before the chancellor on the first Tuesday of January next, and that the said sheriff be entitled to receive the same fees as if the defendant was brought up by a writ of habeas corpus.

It is further ordered, that the case and proceedings stand adjourned over until the first Tuesday in January next, before the chancellor, in the city of Albabany.(1)

No. 144.-Page 441.

ORDER AND MITTIMUS ON PUNISHING CONTEMPTS.

(It is presumed that these can readily be framed from the forms Nos. 41-45, and from those in Lovett v. Rogers, post, No. 145.)

No. 145.-Page 441.

PROCEEDINGS IN Lovett v. Rogers-ON CONTEMPT-REFUSAL TO DELIVER

(Title.)

BOOKS, &c.

At, &c. A motion having been this day made, pursuant to previous notice for that purpose, given by the solicitor of the complainant to the solicitor of the defendant Warren Rogers, and founded upon three affidavits of Edward A. Furman, a summons of Master Codwise, to said affidavits annexed, the underwriting thereto, a copy of an order entered in this cause the fourteenth day of December one thousand eight hundred and twenty-nine, the report of said Master Codwise, the request of D. Lord, junior, solicitor for the complainants, to the sheriff of New-York, and the certificate of James Shaw, sheriff of New-York, that the defendant Warren Rogers is a prisoner on the limits of the gaol of the city and county of New-York, for an order that an attachment issue against the defendant Warren Rogers for his contempt in not obeying the order made in this cause on the nineteenth day of November, one thousand eight hundred and

(1) This was the order in Stagg v. Outwater, altering the word relators to complain

ants.

twenty-nine, a certified copy of which order was this day produced, such attachment to take effect as an attachment by the special order of this court, and also for a habeas corpus, returnable before the chancellor, for bringing in the body of the said defendant Warren Rogers on the return day of said attachment, and Mr. Rhoades having been heard in support of the motion, and no person appearing in behalf of said defendant Warren Rogers to oppose the same-on filing an affidavit of Edward A. Furman, endorsed on said notice, proving the service of said notice, and a copy of the papers above referred to, and which are annexed to said notice, it is ordered, that an attachment be, and the same is hereby awarded against the said Warren Rogers, to take effect as an attachment by the special order of this court, and to be made returnable immediately before the chancellor, at the city of Albany; and it is further ordered, that a writ of habeas corpus in the usual form be, and the same is hereby awarded in this cause against the said Warren Rogers, to be directed to the sheriff of the city and county of New-York, commanding him to bring the said Warren Rogers forthwith before this court at the city of Albany.

(Copy.)

JAMES PORTER, Register.

For the form of the habeas corpus, see ante, No. 50.

For that of the attachment, No. 38.

Order for filing interrogatories, and intermediate detainer. (Title.) At, &c. (March 24th, 1830.) The defendant having been this day brought into court by the sheriff of the city and county of New-York, upon the attachment issued in this matter on the fifth day of January last, ordered, that the complainants(1) forthwith file interrogatories specifying the facts and circumstances in relation to the contempt alleged against the defendant Warren Rogers, and serve a copy thereof on the said Warren Rogers or his solicitor, and that said Warren Rogers answer such interrogatories on oath within twenty-four hours after service thereof, and file such answer with the register of this court, and that said Warren Rogers remain in the custody of said sheriff, and that the said sheriff attend with him in court from day to day, until the further order of the court.

(Copy.)

Interrogatories.

JAMES PORTER, Register.

Interrogatories for the examination of Warren Rogers, one of the defendants in a cause wherein James Lovett and others are complainants, and the said Warren Rogers and others are defendants, touching certain contempts of the said Warren Rogers in the court of chancery of the state of New-York.

First Interrogatory.-Have you ever appeared, or employed any solicitor to

(1) Altered from the word "relators."

appear for you in the above entitled cause: if yea, who was such solici tor? Where does he and has he resided since, and where have you also resided at the same time; and have you, or not, been in the habit of frequent communication with him on the subject of this suit? Declare. Second Interrogatory.-Did you know, or have you in any manner understood from such solicitor or otherwise, that notice was given to him of application to be made in this cause, since the appeal filed therein, for the issuing of an injunction, and the appointment of a receiver, and did you or not employ counsel to resist the said application, and make an affidavit to ground opposition thereto? Did you ever hear, or learn, or understand, in any manner, that an order was made conformably to that petition, or otherwise? Have you or not ever seen, or heard read, or had explained to you, a copy of the order made thereon? Did or not the same bear date on the nineteenth day of November last, and on what day did the same bear date.

Third Interrogatory.-Were you, on or about the fourteenth day of December last, and when, served with a summons, requiring you to appear before David Codwise, Esq., master in chancery, at a time and place in the said summons named, with an underwriting, that you were there summoned to proceed on the said order of 19th November last, and to deliver into the hands of the receiver appointed in the said cause, certain effects, and to produce certain books and papers, and to be examined thereon on oath? Were you or not at the same time served with a copy of an order of this court, purporting to have been made on the 14th day of December last, and that James Lovett had been appointed a receiver in this cause? Declare. Fourth Interrogatory.-On or about the day of service supposed in the last interrogatory, were you or not served, or offered to be served, with any papers? If yea, did you or not refuse to receive the same? What was your motive for such refusal? Did you not expect to receive any papers in relation to the said order for a receiver, and was not your refusal with some view, belief, expectation, or supposition, that the said papers were papers relating to this cause? What was done with the said papers so offered to be served on you? Did the same, or contents, or purport, tenor, effect, or substance of the same, or any of them, ever come to your knowledge, and what became of the same, and where are the same? Declare. Fifth Interrogatory. Did you, on the 18th day of December last, appear at any and what hour, before David Codwise, Esq., master in chancery, at any and what place in the city of New-York? Did you then and there produce or deliver, upon oath or otherwise, any books, papers, vouchers, or securities, or any goods, chattels, debts, choses in action, moneys, effects, or property? Did you then and there submit or present yourself for examination on oath, touching any of the matters aforesaid? Did you or not comply in any manner with the order made in this cause on the 19th day of November last; if so, how?

DANIEL LORD, jr., Solicitor, and of Counsel.

M. ULSHOEFFER, of Counsel.