: CHAP. I. Clinton, Essex, Franklin, St. Lawrence; the Fifth Herkimer, Oneida, Madison, Oswego, Lewis, Jefferson; the Sixth Otsego, Chenango, Broome, Cortland, Tompkins, Tioga, Steuben; the Seventh: Onondaga, Cayuga, Seneca, Ontario, Wayne, Yates; and the Eighth Livingston, Monroe, Genessee, Orleans, Niagara, Erie, Allegany, Cattaraugus and Chautauque. § 3. Powers of Chancellor. The vice and their powers. The powers of the Court are vested in the Chancellor ; Court in the (4), and may be exercised by him throughout the state. Every Circuit Judge of the Supreme Court, within the limits of his Circuit, is a Vice-Chancellor, and has, concurChancellors rently with the Chancellor, and exclusively of any other Circuit Judge, all the original jurisdiction and powers vested in the Chancellor in all causes and matters in equity, and in all matters of which the cognizance is, or shall be vested in the Chancellor by any statute in these cases: 1. where such causes and matters arise within the Circuit of such Judge; 2 where the subject matter in controversy is therein situate; 3 where the persons proceeded against, or either, reside within such limits, subject to the appellate jurisdiction of the Chancellor. 84 their powers. ¿ 5. Chancellor pow The Vice-Chancellors have no power over the orders Limitation of or decrees of the Chancellor; no appeal from any ViceChancellor of another circuit, inferior court or Surrogate, excepting appeal expressly given by law; or a cause or matter is referred by the order of the Chancellor to the decision of a Vice-Chancellor. In all other cases than those in which Vice-Chancellors are vested with the ers of the Chancellor as enumerated, proceedings are had before the Chancellor as heretofore practised; but the may extend hearing of any motion, or cause set down for hearing them, subject before him, may be referred by his order to any Viceto appeal. Chancellor, subject to his appellate jurisdiction. The power of taxing costs is vested in the Vice-Chancellors, and such masters as the Chancellor may appoint; the Vice-Chancellors execute such other powers and duties in relation to any matter pending as the Chancellor from time to time directs, subject in all cases to his appellate jurisdiction. When he is a party, or interested, (5) the bill is addressed and filed before a Vice-Chancellor, whe 6. When Chr. or vice Chr. proceeds thereon as, and with all the powers of a Court CHAP. I. of Chancery, and appeals are then directly to the Court of Errors. (5) Ifa Vice-Chancellor is interested, or was of counsel or solicitor, or is unable to hold his stated term, any other Vice-Chancellor, or the Chancellor him- is party or inself, may hold the term.(6) The Chancellor prescribes by terested. rule, the time and manner in which proceedings may be § 7. Further powhad, causes brought to hearing pursuant to the provi- ers of the chr. sions of law, and the cases which may be reheard before a Vice-Chancellor. He may, from the difficulty of the case, or any other reason, order, on special application, any cause which might be heard by a Vice-Chancellor to be brought to hearing before himself.(7) He is empowered to make all the rules of the Court, with a special direction 1 To the abbreviating of bills, answers and other proceedings. 2 The expediting of the decision of causes: 3 diminishing of costs: 4 remedying of abuses and imperfections in practice.(8) : office. The appointment, (9) tenure of office, (10) disqualifica- Tenure &c. of tion to hold another office, or to act as solicitor or counsel, and the salary of the Chancellor and Vice-Chancellors are regulated by the constitution and revised statutes. The original and appellate powers already considered in reference to those constituent officers might be usefully followed by a sketch of the general exclusive and concurrent jurisdiction of Chancery.(11) But the design of this treatise being purely practical, all theory not intimately blended with the subject, must at present be omitted, (See Preface.) The Chancellor and Vice-Chancellors are § 9. Vice-Chancellors: 1 Circuit, Ogden Edwards: 2James Chr. & Vices Emott 3 William A. Duer: 4 Esek Cowen : 5 Nathan Chrs. : Williams 6 Samuel Nelson (5) 2 R. S. 169. s 7. (9) Const. A. 4. s. 7. 1 R. S. 106. 7 Daniel Mosely: 8 John (11) The subject in controversy 119. OFFICERS. The officers of the Court are: 1 The Chancellor ; 2 eight Vice-Chancellors; 3 The Register and his deputy; 4 The assistant Register and his deputy; 5 eight clerks of Vice-Chancellors' circuits, the Register being clerk of the third, the assistant of the first, and the two former clerks of chancery of the second and fifth circuits; 6 ten Masters in New-York, five in Albany, and three in every other county: an Injunction Master and a taxing Master for each circuit are selected by the Chancellor from the above number;(12) 7 three examiners in the city of NewYork and three in each county of the state; 8 two Sergeants-at-Arms; 9 the Sheriffof each county; 10 Commissioners to take affidavits to be read in Chancery; 11 a Chancery Reporter; 12 Counsellors and Solicitors. Those officers whose powers and duties assimulate might be subdivided into classes: The first comprising those of the first and second enumeration. The second, of the third, fourth and fifth. The third, of the sixth and seventh. The fourth of the eighth and ninth. The three last have their distinct departments. The general provisions of law with regard to all officers, their oath,(1) liability to arrest, (2)impeachment and indictment, (3) and upon what contingencies their offices become vacant, (4) the specific provisions in relation to the appointment, powers, duties and fees of the officers above enumerated, may with some slight exceptions be omitted in this treatise. All the officers are appointed to hold during the pleasure of the Chancellor, excepting deputies who are appointed by the Register and assistant, Masters and Examiners, who like the Chancellor and Vice-Chancellors are appointed by the the Governor and Senate, and the Sheriffs who are elected by the people. The powers &c. of the Chancellor and Vice-Chancel lors have been alluded to. The Register, assistant Register (12) See R. 30. 129. 1 R. S. 96. Laws. of 52. Sess. ch. 272. (1) Const. of N. Y. a. 6. & (2) 2 R. S. 290. s 86. (3) Const. a. 5. s. 2. and clerks,(5) whose general duty is to enter and register CHAP. 1. titles of causes, memorandum of proceedings, minutes of court, docket decrees, enter common orders, special orders and decrees, and the receipt, investment, payment and expenditure of monies brought into court, (6) must keep open office for business every day except Sundays and that of the anniversary of American Independence, from 9 to 12 in the forenoon, and 2 to 5 in the afternoon.(7) Their fees are regulated by statute,(8) and their allowance for monies paid out in cases not therein specifically provided for, by rule of court.(9) The Register must reside at Albany in the third circuit, the assistant Register at New-York in the first. The former clerks of Chancery remain at Utica in the fifth, and Poughkeepsie in the second circuit. The four additional clerks will keep their offices in such parts of their circuits as are to be designated. Examiners. ¿ 13. Masters and Examiners are assistants to the Chancellor Masters and and Vice-Chancellors in the collateral execution of their duties; derive their appointment from the same source, and have a statutory rank as judicial officers.(10) Masters must be Counsellors of the supreme court, or Solicitors or Counsellors in chancery.(11) Their powers,(12) duties, (13) fees, (14) and commissions, (15) tenure,(16) and liability to suspension and removal from office,(17) as well as Examiners, are, in many respects regulated by the statutes and rules. They must reside within the county or place for which they are appointed(18) and cannot act in any matter in which they are Solicitors or Counsel, or which is conducted by a person with whom they are directly or indirectly connected in business.(19) The prescribed powers and duties of the Injunction Master, and the Taxing Master for each circuit, (20) in connexion with CHAP. I. the excercise of the same powers by the Vice-Chancellors, will be referred to in another part of the treatise.(20) 14. Sergeants and Sheriffs. § 15. Commiss'rs. ¿ 16. Reporter. 17. Solicitors and Counsellors. There are two Sergeants-at-Arms; one at Albany, the other at New-York,(21) who perform such services in and about the Court as the Chancellor directs.(22) The Sheriff of every county is an officer of the court for executing its process, must attend the stated term therein held by the Chancellor or a Vice-Chancellor, perform all the duties of a Sergeant-at-Arms and execute all process and orders of the court in any county of the state.(23) Their office hours for business are like those of the Register, &c. and they are entitled to the same fees as Sergeants-atArms.(26) Sergeants are appointed by the Chancellor, but Sheriff's are chosen by the electors of their respective counties every three years, and as often as vacancies occur; but are ineligible for the next three years after the termination of their offices.(27) The specific power of so many commissioners to take affidavits to be read in Chancery, as the Chancellor may appoint, requires no explanation. The mode in which this duty is performed, will appear in another part of the treatise.(28) The chancery reporter must be a counsellor of five years standing. He derives and holds his appointment from the Chancellor.(29) Counsellors and Solicitors are admitted and licensed by the Chancellor, on examination before him or a ViceChancellor, pursuant to a special order previously obtained from the Chancellor.(1) And when admitted, hold their offices for life, subject to suspension or removal. To entitle the applicant to an order for examination as a Counsellor, he must have been such in the supreme court, or practiced therein as an Attorney or in chancery as Solicitor-three years. To authorise the entry of such order for examination as Solicitor he must have been an attorney of the supreme court, or have served a (20) See ch. VỊ. (21) 1 R. S 96. (27) Const. A. 4. s. 8. (23 See verification, ch. II. 1 R. (29) 1 R. S. 108. s. 18, 19. |