Of presenting petition. Take notice, that a petition, of which the annexed is a copy, will be presented to his honour the chancellor at the capitol, in the city of Albany, on, &c.; at ten o'clock, &c., and a motion made that the prayer thereof be granted. (Title, &c.) Notice of motion to revive absolutely. Take notice, that I intend to move this honourable court on Tuesday, the 7th day of June next, at ten o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, that this cause be deemed to stand absolutely revived and in the same plight and condition as it was at the death of I. A., a party defendant to the original bill therein; which motion will be founded upon the petition to revive, filed in this cause, the order made thereupon on the 21st of April last, and the answers filed to such petition. No. 139.-Page 429. FORMS WHERE COSTS OR MONEY 19 ORDERED TO BE PAID. (Title.) Affidavit of service of order and demand. State of New-York, City and County of New-York,} day of SS. day H. F. L., of the city of New-York, a clerk in the office of T. T., solicitor of the above named complainants, being duly sworn, deposeth and saith, that on the instant, he served L. B., the defendant in the above cause, with a copy of the order of this court, made in this cause, dated the of which is hereto annexed, and a copy of the taxed bill of costs, taxed under such order, and at the same time exhibited to the said L. B. a power of attorney, under the hand and seal of the said C. R., complainant, endorsed upon the copy of such order hereto annexed, authorizing and empowering this deponent to demand and receive the sum of $ the amount of such taxed bill of costs, which service was made by delivering the copy of such order and taxed bill, and exhibiting the said power of attorney to the said L. B. personally. And this deponent thereupon demanded of the said L. B. payment of the said sum of $ costs as aforesaid, on behalf of the said complainant, but the said L. B. wholly refused to pay the said sum of $ of the solicitor that he has not received the costs.] Power of Attorney. [Add in affidavit (Endorsed upon the copy order retained for use.) I hereby authorize and empower H. T. L., of the city of New-York, clerk, to demand and receive of L. B., defendant in the within entitled cause, the sam being the amount of the costs as taxed under the foregoing ord, of $ according to the annexed bill of costs; and his receipt will be a full discharge to the said L. B. for such amount. Sealed, &c., in the presence of (Title, No. 13.) Order for precept to commit. At, &c. (No. 13.) Upon reading and filing the affidavits of H. T. L. and of F. G. with certain papers thereto annexed, showing the due service of a copy of the order made in this cause on the day of last, and of a copy of the bill of costs taxed in this cause pursuant to such order, and also a demand of payment of the amount of such costs, and the neglect (or refusal) of the said defendant L. B. to pay the same; and further, on reading and filing a taxed bill of the costs of the proceedings to compel the payment of the costs aforesaid; thereupon, on motion of, &c., it is ordered, that a precept be issued out of, and under the seal of this court, directed to the sheriff of the city and county of New-York, commanding him to take the body of the said L. B., if he should be found in his bailiwick, and commit him to the prison in the city and county of NewYork, and keep and detain him therein, under his custody, until he should pay the said sum of $ for the said costs so ordered to be paid, together with the said sum of $ for the costs and expenses of the proceedings to compel such payment, together with the fees of such sheriff. Precept to commit the party. (See form No 10, appendix to the rules.) No. 140.-Page 433. PROCEEDINGS UPON THE VIOLATION OF AN INJUNCTION. Affidavits. (The affidavits showing the violation will of course vary in every case.) (Title.) Order for an attachment. At, &c. (No. 13.) Upon reading and filing the affidavits of D. M., &c., and hearing Mr. R. B., of counsel for the complainant, and Mr. L. R., of counsel for the defendants, it is ordered, that an attachment as for a contempt be issued against the defendant J. L., and that he be held to bail in the sum of $500, returnable at the next regular motion day after he is taken on such attachment: [service, however, to be made days before such motion day, otherwise on the ensuing regular motion day.] Return of Sheriff. I have taken the defendant J. L. on the within attachment, and have let him at large on bail, according to the bond hereto annexed. J. S., Sheriff. (Title.) Order on return of attachment. At, &c. The sheriff of the county of Columbia having this day made return to the attachment issued against the above named defendant, that he has taken the body of said defendant, and has taken a bond for the due appearance of said P. B., according to the exigency of said attachment; on filing said attachment, and return, and the bond acompanying the same, and said P. B. appearing in court and not admitting himself to be guilty of the contempt alleged against him-it is ordered, that said complainants forthwith file in the office of the register of this court, interrogatories specifying the facts and circumstances alleged against the said defendant, and requiring his answer thereto; and it is further ordered, that said defendant make written answers to said interrogatories on oath within twenty-four hours after serving said interrogatories on him; and it is further ordered, that it be referred to Julius Rhoades, Esquire, one of the masters of this court residing in the city of Albany, to examine said defendant on oath on said interrogatories, and that such master may take such further proofs touching the alleged contempt, as shall be produced to him by either party, and that he report such answers and proofs to this court; and it is further ordered, that the said defendant attend this court from day to day, until the further order of this court.(1) (Title of cause.) Interrogatories. Interrogatories to be exhibited on the part of the complainant, for the examination of J. L., a defendant in this cause, pursuant to an order made therein, dated this day of instant. First Interrogatory.-Have you not received a copy of an injunction issued in this cause, restraining you from committing waste upon a lot of land situate in the town of Cornwall, in the county of Orange, now in your possession? Was or not such injunction served upon you by showing you the original under, or appearing to be under, the seal of this court, and leaving you a copy thereof? When was such service made, and by whom? Answer fully. Second Interrogatory.-Is not the writ of injunction now shown and read to you the one served, and a copy whereof was 30 left with you? Answer fully. Third Interrogatory.-Do you know the premises mentioned in the said injunction, and have you not resided thereon, and for what length of time, and do you not continue to reside thereon, and by whose permission have you so resided? (1) The order in the case from which this form is taken, (Livingston v. Bryant, June 20, 1832,) contained a clause that the master was to inquire whether the defendant had violated the injunction, and had been guilty of the contempt alleged. The chancellor said that the order was wrong; that the master was only to take and report the answers and testimony. Fourth Interrogatory.-Have you not continued to cut down wood and timber growing on said place, since the service of the said injunction, and cart the same away, and how many loads have you cut and carted in each year for the last five years? Fifth Interrogatory.-Did you not sell or dispose of to Benjamin Welsh, a quantity of wood and timber cut from off said place, and at what time? Sixth Interrogatory.-Where you not served with papers and a notice, and by whom, that an application would be made for an attachment against you for violating the said injunction, and when did you receive the same? Seventh Interrogatory.-Have you not continued to cut and cart from the premises mentioned in said injunction, since you received the said papers and notice, and did you not continue to cut and cart from said premises wood and timber, up to the time you was taken by the sheriff on the attachment, and were you not in the act of carting wood therefrom when the sheriff arrested you? Eighth Interrogatory.-By whose authority or permission have you, so as aforesaid, from time to time cut and carted the wood and timber from off the said place? Ninth Interrogatory.-Has any other person, by your authority, cut or carted from the said place any wood or timber to what amount? and who so cut or carted away the same, and at what times ? W., R. B., of Counsel. J. W. Answer and examination. The answer and examination of J. L., a defendant in this cause, to the interrogatories filed therein for his examination on behalf of the complainant, pursuant to an order of this court, dated the day of instant. To the first interrogatory he answers and saith, &c. &c. On reading and filing the report of J. R., to whom it was referred to examine the above named defendant J. R. D., on interrogatories, and to report whether the said J. R. D. is guilty of a violation of the injunction issued in this cause, and of a contempt of this court, and on filing the interrogatories and examination annexed to said report, from which it appears that said defendant has been (1) In the precedents I have met with, the attestation has been as above. In Livings ton v. Bryant, (post, No. 141,) the master was ordered to examine the defendant on oath upon the interrogatories. This would seem to imply that the master was to administer them, otherwise the course would be for the party to put in his examination as advised, and swear to it as to an answer, which has been done in other cases of contempt-for example, in Ferris v. L'Amoreaux. guilty of a violation of said injunction; and on motion of I. H. of counsel for the complainants, it is ordered, that said report of the said master be confirmed, and that it be referred to one of the masters of this court to ascertain what loss or injury the complainants have sustained by reason of this violation of the said injunction by the said defendant, and that the said master report thereon with all convenient speed. (Title.) No. 141.-Pages 435, 436. ORDER TO FILE INTERROGATORIES-TO ATTEND COURT, &c, At, &c. The sheriff of the county of Columbia having this day made return to the attachment issued against the above named defendant, that he has taken the body of said defendant, and has taken a bond for the due appearance of said P. B. according to the exigencies of said attachment; on filing said attachment and return, and the bond accompanying the same, and said P. B. appearing in court and not admitting himself to be guilty of the contempt alleged against him—it is ordered, that said complainants forthwith file in the office of the register of this court, interrogatories specifying the facts and circumstances alleged against the said defendant, and requiring his answer thereto; and it is further ordered, that said defendant make written answers to said interrogatories on oath within twenty-four hours after serving said interrogatories on him; and it is further ordered, that it be referred to Julius Rhoades, Esq., one of the masters of this court residing in the city of Albany, to examine said defendant on cath on said interrogatories. And it is further ordered, that said defendant attend in court from day to day, until the further order of this court. (Title.) No. 142.-Page 436. INTERROGATORIES ON CONTEMPTS. On violating an injunction. On attachment for not answering. Interrogatories to be exhibited to J. D., a defendant in this cause, under an order of this court, dated the day Did you, and when, appear to the plaintiff's bill exhibited against you in this honourable court? Did you appear in pursuance of a subpoena formerly served on you for that purpose? and have you seen, perused, or had a copy of the said bill, and do you know the contents thereof? and how came you to |