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Proof of a mortgage or deed by a witness where the parties reside out of the state.

State of New-York, ss.

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I. H. one of the Commissioners for the state of New-York, do certify, that on the 1818, personally appeared before me, A. B. one of the subscribing witnesses to the within instrument, to me known, (or proved to my satisfaction by the oath of C. D. to me known,) who being duly sworn, did depose and say, that he was present and did see the within named A. B. and C. D. execute the same as their voluntary act and deed for the uses and purposes therein mentioned, and that the said parties reside out of the state, (to wit,) in the state of which being to me satisfactory evidence of its due execution, I do allow it to be recorded. I. H. Commissioner.

Acknowledgment of the satisfaction of a mortgage where the party is known.

State of Nen-York, ss.

I, I. H. one of the Commissioners for the state of New-York, do certify, that on the

day of

1818, personally appeared before me, A. B. whose name is subscribed to the above certificate to me known, who duly acknowledged that he executed the same; I do therefore allow the said mortgage to be cancelled.

I. H. Commissioner.

If the party is not known to the commissioner, he must be proved in the like manner as in the acknowledgments of mortgages or deeds.

Certificate to cancel a mortgage, to be signed by the mortgagee, in the presence of two witnesses.

I, A. B. of the city of New-York, merchant, do certify, that a certain mortgage from C. D. of the city of New-York, and E. F. his wife, to me, bearing date the 1818, and registered in the office of the clerk of the city and county of NewYork, in Lib. No. of Register of Mortgages, p.

day of

the

day of

off and discharged.

Witness.

G. H.

I. K.

1813, hath been fully paid

A. B.

Certificate to cancel a morigage by an executor or administrator who is known to the Commissioner.

I, A. B. of the city of New-York, executor or administrator of C. D. do certify, that a certain mortgage from of the city of New-York, and his wife, to the said C. D. bearing date the 1818, and registered in the office of the clerk of the city and county of New-York, in Lib. No. of the Register of Mortgages, p. the

day of

1817, hath been fully paid off and discharged.

Witness,

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A. B.

G. H.

I. K.

APPENDIX.

RULES AND ORDERS, &c.

1st. ORDERED, [repealed, see rule 77.]

2d. That all process of subpoena to appear and answer shall be in the following form:

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wheresoever

The people of the state of New-York, by the grace of God free and independent, to greeting. We command you, that you personally appear before our chancellor, in our court of chancery, on the the said court shall then be, to answer to a bill of complaint exhibited against you in our said court, by further and receive what our said court shall have considered in that behalf; and this you are not to omit under the penalty of two hundred and fifty dollars. Witness, our said state, at the city of

Sol'r.

in the

and to do

chancellor of

the

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year of our independence.

Clerk.

3d. That the names of four defendants, and no more, (husband and wife being considered as one person,) in the same cause may be inserted in each subpœna, and that the service thereof may either be by the delivery of the subpoena or a copy thereof showing the original at the time of such delivery to the defendant, or to his wife or servant, at his dwelling house or usual place of abode; that such copy shall be inscribed "copy," and subscribed by the complainant, or his solicitor, with his name. [Amended, see rule 78.]

4th. That such subpoena shall be served on or before the appearance day; and if the defendant rssides in the city of New-York or in the city of Albany, and the subpœna is served four days before the appearance day, the appearance shall be entered four days exclubive of the day of service; but if the defendant does not reside is

either of those cities, and the subpoena is served fourteen days before the appearance day, then the appearance to be entered within fourteen days exclusive of such service; and if an appearance is not entered as required, an attachment may be issued at any time after the expiration of the period allowed for such appearance.

5th. That if the subpoena shall have been served personally on the defendant, and he shall not cause his appearance to be entered within the time limited for that purpose, then the complainant may, after such time shall have elapsed, upon filing an affidavit of such service, obtain an order that the defendant enter his appearance and file his answer in six weeks thereafter, or that the bill be taken pro confesso against him, which order shall, without notice thereof to the defendant, become absolute, and may be entered as of course at the expiration of the said six weeks.

6th. That all attachments for contempt for not appearing, shall have at least fifteen days exclusive between the test and the return, (unless upon motion or petition the court shall order otherwise,) and may be returnable as well in vacation as in term time. That in any case, in which the service of a subpoena shall have been otherwise than personal, after an attachment for not appearing shall have been issued to the county in which the defendant is an inhabitant, and returned non est, the complainant may, at his election, issue alias and pluries attachments, or proceed as in case of a defendant absent from the state or concealing himself therein.

7th. That whenever it shall appear by affidavit, that a defendant is absent from this state, or cannot upon diligent search and inquiry (intermediate the test and return of a subpoena to appear and answer) be found therein, an order may be entered, requiring him to appear and answer the complainant's bill, if concealed within this state, in three months: if in any other of the United States, within four months and if in foreign parts, within nine months after the date of such order and a copy of such order having been published in the mode required by law, the complainant may, after the expiration of six weeks, subsequent to the term limited by such order, enter an order to take his bill pro confesso.

8th. That if the affidavit proving the absence or concealment of the defendant, does not state some probable cause for inferring that be is

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