C. M., committee of the person and estate of A. B., a lunatic, duly appointed by the court of chancery of the state of New-York, of the first part, and J. S., of the city of New-York, of the second part. Whereas, at a court of chancery held for the state of New-York, at the city of New-York, on the day of it was, among other things, in substance ordered, that the party hereto of the first part be, and he thereby was authorized and directed to sell the lot of land and premises herein mentioned and hereafter described, for the purpose of paying the debts of such lunatic. And whereas an agreement was entered into by and between the parties to this conveyance, for the sale of such lot of land and premises to the party of the second part, for the price or sum of $ which agreement for such sale was reported to the said court by the party of the first part; and thereupon, by an order bearing date the it was ordered, that such report be, and the same was thereby confirmed; and it was also ordered, that the said party of the first part, execute to the party of the second part, a good and sufficient conveyance for such lot of land and premises, upon receiving the said sum of $ Now, this indenture witnesseth, that the said party of the first part, in consideration of the premises, and in virtue of the orders of the said court of chancery herein in part recited, and of the statute in such case provided, and also in consideration of the sum of one dollar, &c. (Usual form of Deed.) day of (Title.) No. 347, Vol. II.—Page. 272. NOTICE OF APPEARING DEFENDANTS AND OF SOLICITORS. Take notice, that the following are the defendants who have answered in this cause, and to whose answers replications have been filed, and who have a right to take testimony, and also the solicitors by whom they respectively have appeared. A. M., by B. R., his solicitor, &c. Yours, &c. No. 348, Vol. II.-Page 273. ORDER FOR SETTLING AN ISSUE. At, &c. An application being now made, on behalf of the complainant, for an issue to try the facts in dispute in this cause by a jury, and the cause being in readiness for the taking of proofs against all the defendants: Thereupon, on hearing Mr. of counsel for the complainant, and Mr. for the defendants, it is ordered, that matters in controversy in this cause. following interrogatories, to wit: of counsel issues be awarded, to try by a jury the That such issues be in the form of the First, Was a valuable consideration paid by the defendant, J. M., to S. R., named in the pleadings, for the lot of land conveyed to him by deed, dated the day of and what was such consideration ? Second, &c. And it is further ordered, that the defendant, J. M., is to be considered as holding the affirmative of such first issue, and the complainant the negative, &c. No. 349, Vol. II.-Page 274. ORDER OF REFERENCE TO SETTLE ISSUES. At, &c. [Follow the preceding precedent to the word cause. Then add:] And it is further ordered, that it be referred to one of the masters of this court, to settle the form of the issues to be tried between the complainant and the defendant, in the manner directed by the 67th rule of this court, and to report with all convenient speed. No. 350, Vol. II.—Page 274. REPORT AND INTERROGATORIES AS TO ISSUE Before the Chancellor. J. B. M. et al. v. J. C. and E. C. To the Chancellor of the State of New-York. In pursuance and in virtue of an order of this court made in this cause, dated the day of 1839, by which, among other things, it is ordered, that it be referred to me, the subscriber, one of the taxing masters of said court, residing in the city of Albany, to look into the pleadings in this cause, to settle the form of the issue or issues to be tried between the complainants and the defendants (or, and the defendant, A. B.,) in the manner directed by the 67th rule of this court; and that I inquire and report in what court and county it would be most for the convenience of the said parties and their witnesses, that the said issue or issues should be tried.(a) I, the subscriber, the master named in said order, do respectfully report, that I have been attended by the counsel for the respective parties, and have looked into the pleadings in this cause, and have settled the following as the proper interrogatories to be answered by a jury, which answers will determine every material point or question of fact put in issue by said pleadings, to wit: First. Were the complainants authorized by C. C. & Co. to sell the sixtythree barrels of flour mentioned in the pleadings in this cause, without receiving payment therefor, at or previous to the time of the delivery of the same to the purchaser ? Second. When was the settlement of the accounts between the complainants and C. C. & Co. in the pleadings mentioned made? Third. On said settlement, did said defendants claim that said complainants were responsible for all flour sold by said complainants for said C. C. & Co., as for so much cash received for the use of said C. C. & Co. Fourth. At the time of said settlement, did said complainants assume the debt against D. B. for said sixty-three barrels of flour, and take the risk in regard thereto ? I do further report, that the complainants are to be considered as holding the affirmative of the first and second of said questions or issues, and the defendants of the third and fourth of said questions or issues on the trial. I do further report, that upon the affidavits produced by the respective parties, I am of opinion it will be most for the convenience of said parties and their witnesses, that said issues should be tried in "the Superior Court of the city of New-York." (a) This was a special clause, not usually embraced in the orders. It was as follows: "And it is further ordered, that the said master inquire and report in what court and county it would be most for the convenience of the said parties and their witnesses, that' the said issue or issues so to be framed should be tried, and that the said master receive on this reference such affidavits relative to the proper venue for the trial of such issue or issues, as may be furnished by the respective parties to this suit." COSTS ON FORECLOSURE. In Chancery. Before the Vice-Chancellor of the Third Circuit. บ. K. V. R. L., E. V. R. L., A. A. L., K. V. R. L., jr., Complainants' Costs. Counsel's Fees. Retainer, (B. F. B.) Perusing, amending and signing bill, Motion for appt. of L. H. S., guardian, do. for A. K., do. for J. V. B., Two counsel arguing cause on equities reserved, &c.(a) Solicitor's Fees. Retainer, (J. R.,) 5.00 2.50 750 16 00 5 00 Draft and copy request for clerk of supreme court to search for judgments, folio 1, at 35 cents, viz. 28+7 The like for clerk of Albany county to search for judgments, in common pleas, mayor's court, and justices' transcripts; and for mortgages, loan office mortgages, collectors' bonds and notices of suits in equity, including description of the premises, folio 3, Drawing bill, folio, at 29 cents, Engrossing with schedule folio — fair copy to keep and abbreviation for use of counsel, at 24 cents per folio,(b) Drawing and engrossing notice of lis pendens to file in clerk's office of Albany county, folio 3, at 42 cents, 28+ 14, Drawing affidavit of having filed same, folio 2, Engrossing four copies to seal, at 28 cents each, (a) In this case there was an actual litigation upon the merits, and two counsel, On a bill taken as confessed, the fee is, $2 50 (b) This is the most convenient mode of drawing the item. It usually is drawn as follows: Engrossing with schedule, say 20 folio, at 14 cents, Fair copy to keep, at 7 cents, Abbreviation of bill, at 3 cents, Or, 20 folio, at 24 cents, $4 80 2 80 140 60 $4.80 Sixteen copies to serve, at 14 cents each, Serving same on sixteen defendants, at 75 cents each, Sixteen notices of object of suit to serve, and service, at 3s. each, Drawing and engrossing 12 admissions of service of subpoena and Drawing and engrossing affidavit of service on four defendants, Drawing consent of L. H. S. to act as guardian for two oldest in- Drawing his affidavit and engrossing, folio 1, The like consent and affidavit of A. K. The like consent and affidavit of J. V. B. Drawing and engrossing affidavit verifying petition, folio 1, Attending vice-chancellor with petition, Drawing order, folio 3, appointing L. H. S. guardian, and attend ance on entering, 5 04 84 2 52 42 42 84 84 42 1 00 1 34 Copy of bill for A. V. V., solicitor for V. Z. and L., folio 113, including schedule, 7 91 Draft of order that they answer in forty days, folio 2, 56 Attending register on entering order, 50, copy to serve, 14, service, 25, 89 Draft, and engrossing admission of service of copy bill and notice The same for J. T. B. V. V., solicitor for K. V. R. L. The same for J. E. L., solicitor for Alb. Ins. Com., Drawing and engrossing affidavit of residence of seven defendants, folio 2, Drawing order that they appear in ten days, folio 2, and attending register on entering order, Drawing and engrossing affidavit, that said seven defendants had not appeared according to the exigency of said order, folio 2, Drawing order that bill be taken as confessed by them, folio 2, and attending register on entering order, The same as four last lines, as to defendant G. Y. L., |