« PředchozíPokračovat »
well as upon the other matters stated in the complaint; and, if the issue is tried by a jury, an issue on the question of legitimacy of the children shall be awarded and tried at the same time.
RULE 91.-Sentence of nullity or decree for divorce by default. Pleadings or testimony not to be published. Judgment for divorce.
No sentence or decree of nullity declaring void a marriage contract, or decree for a divorce, or for a separation or limited divorce, shall be made of course by the default of the defendant, or in consequence of any neglect to appear at the hearing of the cause, or by consent. And every such cause shall be heard after the trial of the issue, or upon the coming in of the proofs, at a special term of the court; but, where no person appears on the part of the defendants, the details in the evidence in adultery causes shall not be read in public, but shall be submitted in open court. No officer of this court, with whom the proceedings in an adultery cause are filed, or before whom the testimony is taken, nor any clerk of such officer, either before or after the termination of the suit, shall permit a copy of any of the pleadings or testimony, or of the substance of the details thereof, to be taken by any other person than a party, or the attorney or counsel of a party, who has appeared in the cause, without a special order of the court.
No judgment in an action for divorce shall be entered except upon the special direction of the court.
a. The court will not grant a decree for divorce, upon a complaint to which no answer has been interposed, until after an inspection of the complaint, proof, and the affidavit of service of the summons (Robinson v. Robinson, 1 Barb. 27). See in note to Rule 86.
RULE 92.-Receiver of debtor's estate. When allowed his costs. May sell doubtful claims at auction.
Every receiver of the property and effects of the debtor shall, unless restricted by the special order of the court, have general power and authority to sue for and collect all the debts, demands, and rents belonging to such debtor, and to compromise and settle such as are unsafe and of a doubtful character. He may also sue in the name of a debtor, where it is necessary or proper for him to do so; and he may apply for and obtain an order of course that the tenants of any real estate belonging to the debtor, or of which he is entitled to the rents and profits, attorn to such receiver, and pay their rents to him. He shall also be permitted to make leases, from time to time, as may be necessary, for terms not exceeding one year. And it shall be his duty, without any unreasonable delay, to convert all the personal estate and effects into money; but he shall not sell any real estate of the debtor, without
the special order of the court, until after judgment in the cause. He is not to be allowed for the costs of any suit brought by him against an insolvent from whom he is unable to collect his costs, unless such suit is brought by order of the court, or by the consent of all persons interested in the funds in his hands. But he may, by leave of the court, sell such desperate debts, and all other doubtful claims to personal property, at public auction, giving at least ten days' public notice of the time and place of such sale.
See note to § 244, ante.
RULE 93.-Suits pending. Cases not provided for. When rules take effect.
All actions depending on the first day of July, 1848, may be conducted according to the rules of the supreme court adopted in July, 1847, so far as the same are applicable.
In cases where no provision is made by statute, or by these rules, the proceedings shall be according to the customary practice, as it has heretofore existed, in the court of chancery and supreme court in cases not provided for by statute or the written rules of the court.
These rules shall take effect on the first day of October, 1858.
A TABLE corresponding with the Northa ton Tables referred to in the 84th Rule of the Supreme Court, showing the value of an annuity of one dollar, at six per cent., on a single life, at any age from one year to ninety-four, inclusive:
No. of years'
RULE FOR COMPUTING THE VALUE OF THE LIFE ESTATE OR ANNUITY.
Calculate the interest at six per cent. for one year, upon the sum to the income of which the person is entitled. Multiply this interest by the number of years' purchase set opposite the person's age in the table, and the product is the gross value of the lifeestate of such person in said sum.
Suppose a widow's age is thirty-seven, and she is entitled to dower in real estate worth $350.75. One-third of this is $116.913. Interest on $116.91, one year at six per cent. (as fixed by the 84th rule), is $7.01. The number of years' purchase which an annuity of $1.00 is worth at the age of thirty-seven, as appears by the table, is eleven years and 3 parts of a year, which multiplied by 7.01, the income for one year, gives $77.35 and a fraction, as the gross value of her right of dower.
Suppose a man whose age is fifty, is tenant by the courtesy in the whole of an estate worth $9,000. The annual interest on the sum at six per cent. is $540. The number of years' purchase which an annuity of one dollar is worth at the age of fifty, as per table, is 9,417 parts of a year, which multiplied by 540, the value of one year, gives $5,085.18 as the gross value of his life-estate in the premises or the proceeds thereof.
Note. The values in this table are calculated on the supposition that the annuities are payable yearly; if payable half-yearly, one-fifth of a year's purchase should be added to those values.
See Jackson v. Edwards, 7 Paige, 408, as to computation of dower right.
SUPREME COURT, GENERAL TERM.
NEW YORK, April 14th, 1856. Rules in Regard to Moneys Awarded to Unknown Owners.
1. Whenever any person shall claim any money awarded to unknown owners on the opening, widening, altering, improving, or laying out of any street, avenue, square, or public place, he shall cause notice of his intention to apply to the court for such moneys to be published in one of the daily newspapers in this city, at least once a week for four weeks; and shall serve notice of such intention on the mayor of the city, and the counsel to the corporation of the city, at least fourteen days before such application. The court at special term, or the judge at chambers may hear the application, and may hear the proofs or refer the matter
to a referee to hear and examine into the matter, and to report the substance of the proofs, with his opinion. The applicant shall furnish to the court or referee an abstract of title for at least twenty years prior to the award, and carried down to the time of the examination; and also produce the originals or verified copies of all deeds and wills referred to in the abstract, unless the court or judge, on proof that the same cannot be furnished, shall authorize other proof to be received in place of such orignals or copies; and shall also furnish a certificate of search for mortgages and conveyances against the persons named in the abstract of title, made by a searcher in the register's office, or by some other person experienced in making such searches, and shall furnish his own affidavit, or that of his agent, or of some other person likely to be acquainted with the truth, to the effect that, according to his best knowledge, information, and belief, there were no mortgages, conveyances, judgments, or liens of any kind on the property to which the award was made, at the time of the award, and of the payment of the money to the officer then holding the money for the unknown owners except such liens (if any) as may be specially mentioned in such affidavit. The maps of awards and assessments, or extracts from them, so far as relates to the lots in question, shall also be produced to the court, or judge, or referee. Whenever any money shall be paid to the clerk or to the chamberlain or county treasurer, for unknown owners, such officer shall enter in his books of account a memorandum showing the title of the matter in which payment was made, and the number of the lot or lots on the map of awards or assessments to which the award is made.
2. No application will be heard in regard to the disposition of moneys awarded to unknown owners, until such moneys shall have been actually paid.
3. Every petition for the payment of such moneys shall be verified under oath; shall set forth a statement of the title and the grounds of the claim; and shall also state the names and residences of all persons, if any, whom the petitioner knows, or has been informed, or believes, to be claimants of such moneys or of any part thereof, or in any manner or in any degree interested or claiming to be interested therein.
4. Ten counsellors at law, to be named by the presiding justice, with the concurrence of one or more of the other judges, shall be appointed referees, to one of whom such application shall be referred; and no application shall be referred except to one of the persons so to be named.
5. The referee, before proceeding in the reference, shall require proof of the service of notice of the reference upon all persons named in the petition as interested, or as claimants, and if, upon the reference, the referee shall consider that other persons should be notified, he shall require notices to be served upon them.