notices in the York and Al The service of all notices in the cities of New-York 6. Services of or Albany, on agents or solicitors residing more than cities of Newsixty miles westward or northward of the city of Albany, shall be made twenty days instead of eight days, prescribed by the 46th rule of this court. (t) bany on agents siding more or solicitors re than 60 miles. 7. Persons competent to prosecute or No person other than an officer of this court shall be permitted to prosecute or defend in proper person, unless he shall first obtain an order for that purpose. Defend a suit. That when a suit is so prosecuted, all notices and other papers, may be served or delivered by the opposite party at the office of the clerk, or on the party so prosecuting or defending, at the election of the party serving or delivering the same. (u) 8. Counsellors, Counsellors are retained to plead the causes; they are admitted by the chancellor, on examination, but how admitted no person can be admitted as a counsellor unless he to practice. has practised two years as a solicitor: but counsellors in the supreme court, of at least two years standing, may be admitted as counsellors upon examination. (v) Stated terms of the court. TERMS OF THE COURT. THE stated terms of the court are, at the city of New-York, the 2d Monday of June, and last Monday of September. At the city of Albany, the 2d Monday of November, and 3d Monday of January. (a) The act concerning the court of chancery, passed the 10th of April, 1813, provides, that a court of chancery shall be held at least twice in the city of Albany, and twice in the city of New-York, in every year, and at such other times as the chancellor shall think proper; and that the chancellor shall appoint the time for holding the said courts, and alter the same as he thinks the public convenience may require. Provided, that no alteration shall take effect until at least one term of the said court shall have intervened after the time when the alterations shall have been made; and provided, further, that terms of the said court shall continue and be held at least eight days, and longer if needful. (b) COMMENCEMENT OF A SUIT, AND ORIGINAL BILL. Of the commencement of a suit and of the original bill. I. Process not to issue till bill filed. II. Cases of bills of injunction excepted. a) 1 R. L. 486. 3 W 27. s. 1. (b) 86th Rule of court. III. A bill must call all the necessary parties before the court. IV. A bill is to be fairly and legibly written. VIII. Parts of an original bill. IX. Divisions of bills. X. Definition of bills. XI. An original bill. XII. Bill of interpleader. XIII. Bill of certiorari-not in use here. XIV. Bill to perpetuate testimony of witnesses. XV. Bill of discovery. XVI. Bill of quia timet. XVII. Bill of peace. XVIII. Bill of information. XIX. Supplemental bill. XX. Bill of revivor. XXI. Bill of revivor and supplement. XXII. Cross bill. XXIII Bill of review. XXIV. Bill in the nature of a bill of review. XXV. Bill impeaching the decrees of the court on the XXVI. Bill to carry decrees into execution. XXVIII. Bill in the nature of a supplemental bill. XXIX. Bill to suspend the operation of decrees. XXX. Bill filed by the particular direction of the court. XXXI. Bill for dower or a partition. XXXIII. Bill to marshal assets. XXXIV. Bill to foreclose a mortgage. Commencement of a Suit, and Original Bill. A SUIT in the court of chancery is commenced by filing a bill. In England, notwithstanding the existence of a stat 1 No process to filed. ute to the contrary, the suit is usually commenced by issue til bill issuing a subpoena, which is taken out before the bill is filed. But here it is provided by law that no subpœna or other process for appearance shall issue out of the court of chancery until after the bill is filed with Cases of bills the proper officer, except in cases of bills for injuncto stay waste, tions to stay waste or to stay suits at law, and that no excepted. injunction shall be issued in any case until the bill is filed. (a) 2 of injunctions or suits at law 3 To call all the It would seem from the wording of the statute, that although you may not issue an injunction before the bill is filed, yet that in an injunction cause a subpœna may be issued; but the practice is not to issue process in any cause until the bill is filed. The bill must call all the necessary parties, however parties before remote in interest, before the court, and none are parties but those against whom process is prayed.* the court. 4 Bills and answers to fairly and legi A bill must be fairly and legibly written, as must all other proceedings, in default of which the officers of be the court will not receive the same;(b) and by the act of the 10th of April, 1813, it is provided that it shall be Paper used in- lawful to use paper instead of parchment in all prostead of pareh- ceedings of this court. (c) bly written. 5 ment. The bill, except in special cases, which will be mentioned hereafter, need not be sworn to, nor is it necessary that it should be signed by the party, but is commonly signed by the solicitor and counsel, and he who is both solicitor and counsel may sign it in both capacities, but Persons acting for the sake of bills of costs it is usual to put different ties to receive names to it as solicitor and counsel, because if one per 6 in two capaci fees only in one. The want of proper parties is not a good plea if the bill suggests that such parties were out of the jurisdiction of the court. 2 Cranch, 220. Nor is the want of proper parties a sufficient ground for dismissing a bill. Idem. son acts in both these capacities, by the fee bill he can take fees only in one. (d) The bill, being fairly written, is to be filed with the clerk of the court, and all records, books, and proceedings, which relate to the business of the court. (e) No bill shall be filed for a complainant, not residing in this state, before security for costs, by a sufficient freeholder of the state, by a bond to the defendant, in the usual form shall be given, and filed in the office of the register or assistant register, unless a solicitor prosecutes the same; in which case the solicitor shall be deemed to have become security for costs if such bond shall not have been filed; and where at any time pending the suit the complainant shall remove out of this state, and the solicitor shall thereafter proceed in the cause before such security shall be given, he shall in such cases also be deemed to have become security for costs; but he shall not in any case be liable for an amount exceeding one hundred dollars, or where, if there shall be a plurality of complainants, one of them shall be resident in this state. (f) Constituent parts of an Original Bill. The parts of an original bill are distinguished as follows: 1. The direction or address of the bill, "To the honorable James Kent, &c. &c." 2. The introduction, containing the names and description of the persons presenting the bill, "Your orator A. B. &c." 3. The premises, or stating part of the bill, which contains the circumstances of the complainant's case. 7 and proceedings to be filed All process with the clerk. 8 |