May it please your honor, the premises considered, and inasmuch as the said C. D. threatens to leave and depart from the state of New-York very soon, and designs quickly to go out of this state, to wit, to some place in the state of Pennsylvania, or elsewhere, out of the said state, that the most gracious writ of the people of the state of New-York of ne exeat republica, may be issued out of and under the seal of this honorable court, to be directed to the sheriff of the city and county of New-York, to restrain the said C. D. from going out of this state, without leave and permission of your honor in this honorable court. And may it also please your honor, to grant to your orator, the most gracious writ of subpoena of the people of the state of New-York, issuing out of and under the seal of this honorable court, to be directed to the said C. D. and his confederates when discovered, thereby commanding them, and every of them personally, to be and appear before your honor in this honorable court, on a certain day, and under a certain penalty therein to be limited and expressed, and then and there upon their corporal oath, to make full and direct, distinct and perfect answer to all and singular the premises aforesaid; and further, to stand, to abide and perform such order, direction and decree therein, as to your honor shall seem meet. And your orator shall ever pray, &c.

E. F. Sol'r for complainant.
J. S. of Counsel.

10. Form of

City and county of New-York, to wit: A. B. merchant, complainant in this suit, being duly the affidavit. sworn, deposeth and saith, that C. D. the defendant in this suit, is now justly indebted to him this deponent as his partner, in the sum of four thousand and three hundred dollars, and upwards, and that being so indebted, he the said C. D. has lately threatened and given out, that he the said C. D. will speedily depart from the state of New-York, and go to the state of Pennsylvania, and that this deponent verily believes that the said C. D. intends to leave the state of New-York, and go into the state of Pennsylvania very soon, and that if he should depart from the state of New-York, this deponent will either lose this said debt absolutely thereby, or will be in very great danger of losing the same. And further this deponent says not.

A. B.

1818.

I. H. Master in Chancery.

Certificate of the master.

cate.

Having perused the preceding bill and affidavit, I 11. Certif am of opinion, that a ne exeat should be granted, and do accordingly allow the same, and that the defendant be held to bail in the sum of four thousand three hundred dollars.

I. H. Master in Chancery.

the writ

Writ of Ne Exeat.

12 Form of The people of the state of New-York, by the Grace of God free and independent, To the sheriff of the city and county of New-York, Greeting:

Whereas, it is represented to us in our court of Chancery, before our Chancellor, on the part of A. B. complainant, against C. D. defendant (amongst other things,) that he the said defendant is greatly indebted to the said complainant, and designs quickly to go into parts without the state, (as by oath made on that behalf appears,) which tends to the great prejudice and damage of the said complainant. Therefore, in order to prevent this injustice, we hereby command you, that you do without delay, cause the said C. D. personally to come before you, and give sufficient bail or security in the sum of dollars, lawful mo

ney

of the state of New-York, that the said C. D. will not go or attempt to go into parts without our state, without leave of our said court; and in case the said C. D. shall refuse to give such bail or security, then you are to commit him the said C. D. to our prison, there to be kept in safe custody, until he shall do it of his own accord, and when you shall have taken such security, you are forthwith to make and return a certificate thereof to our Chancellor, in our said court of Chancery, wheresoever it shall then be, distinctly and plainly under your seal, together with this writ.

Witness, James Kent, Esq. Chancellor of the state of New-York, the in the year of

day

our Lord one thousand eight hundred and eighteen. Edm. Elmendorf, clerk.

CHANCERY PRACTICE.

DEDIMUS POTESTATEM TO TAKE THE TESTIMONY OF WIT

NESSES.

Special Contents.

1. How and by whom issued.

II. Notice of application.

III. Notice of joining in the commission and nominating com

missioners.

IV. Number of commissioners to execute the commission.

V. Form of the notice of application.

VI. do. of joining in the commission.

VII. Interrogatories, &c. to accompany the commission.

VIII. Copies of interrogatories to be administered to witnesses to be furnished to the opposite party.

IX. Form of the commission.

X. Oath to be taken by the commissioners.
XI. do. by the clerk.

XII. Defendant's privilege should the complainant not pro-
ceed, &c.

XIII. Notice of the commissioners in proceeding to the execution of the commission.

XIV. Form of the depositions.

XV. Subpoena to testify before the commissioners.

XVI. Oath of the bearer of the commission, taken by the clerk

or a master at the time of delivering it.

IF the witnesses reside in this state, as we have al- 1. How and by whom isready said by the 24th rule of court, a commission for sued. the examination of them will issue of course, and be made out by the clerk of the party procuring the same upon his application for that purpose; and the party applying for such commission, shall give notice to the 2. Notice of adverse party eight days exclusive before the issuing the commis thereof, and shall at the same time nominate three commissioners at the least, and the party to whom no

application for

sion.

tice is so given, shall, if he intends to join in the com

3. Notice of mission, give notice to the adverse party four days exjoining in the clusive, before the time when the commission may isting the com sue, of his intent to join in the commission; and if he

commission,

and of nomina❤

missioners.

shall agree to the commissioners nominated by the other party, he shall at the same time give notice thereof, and a commission shall issue to them accordingly ; but if he shall not agree to the commissioners so nominated, he shall at the same time nominate three commissioners, and the names and additions of the commissioners so nominated by each party shall be furnished to the clerk, who is to issue the commission, who shall in his discretion select one commissioner from each of the nominations of the parties, and shall in the presence of the parties, or their solicitors, (if they shall elect to attend for the purpose,) put the names of all the other commissioners on separate slips of paper, as near as may be alike, close them, so as to conceal the writing, and draw one therefrom, and the person named in the paper so drawn shall be the third commissioner, and such clerk shall issue a commission to the persons so selected, and drawn as commissioners 4. What accordingly. That the three commissioners named in petent to exe. any such commission, or any two of them, shall be aumission, and thorized to execute the same; that the said commistheir compensioners be allowed in the taxation of costs, five dollars

number com

cute the com.

sation.

for each day's attendance in executing such commission, including going and returning from the place where the commission is to be executed, computing a day for every twenty-five miles, and that no expenses beyond the said five dollars a day be allowed them.