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PREFACE

TO ORIGINAL EDITION.

Tue present volume brings the reports of cases decided in the Court of Chancery, down to the time of publication. The volume lately published containing all the decisions of the late Chancellor, which had been preserved, the two, together, embrace all the principal decisions which have yet been made in this Court.

In preparing this volume for the press, the author has followed, in all instances, the manuscripts of the Chancellor. The work, as it progressed, has all been submitted to his inspection; and such alterations have been made as he suggested. The author begs leave to acknowledge his obligations for the assistance he has given from the commencement of the work to its terminatio:1, in examining the copy prepared for the press, and, in many instances, furnishing his own abstracts to be prefixed to the cases. In so doing, he has rendered an important service, both to the reporter and the members of the bar generally, by contributing to render the volume correct in all its essential particulars.

It will be perceived, by referring to the heads of the several pages, that the opinions are delivered in sereral circuits. Under the system now existing, there are five circuits; eachi having a register and the usual organization of a separate

court. There are, however, no subordinate judges; but the [*viii] Chancellor holds his court in the several *circuits, at reg

ular terms prescribed by law. The service of process is not confined, in the several circuits, to their respective limits. A bill may be filed in any one of them to reach persons or property in any part of the State. There is, in fact, but one court, sitting at different places for the convenience of suitors. The

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several judges of the Supreme Court are anthorized to allow injunctions in the absence of the Chancellor; and, in cases where he is interested, any one of them may sit in his place. An appeal lies from the decisions of the Court of Chancery to the Supreme Court, which is the Court of last resort.

The omission of the points and arguments of counsel, in many cases, where it may be thought they should have been inserted, requires some explanation. At the time the author received his appointment, a considerable period had elapsed since the argument and decision of nearly all of the cases contained in this volume. Few briets had been furnished, as the office had been but lately revived; and a desire being generally expressed that the publication should not be delayed, it seemed more advisable to proceed with the materials on hand, than to atteinpt to collect others from all parts of the State, when the loss of time would only be compensated by, at best, a partial success.

With these explanatory remarks, the work is submitted to the public.

Detroit, April 10th, 1845.

AMENDMENTS TO THE RULES.

JUNE 7TII, 1842. It is ordered by the Chancellor, that the 81st rule of the Court be amended so as to read as follows:

6 RULE 81. ** When the Master has prepared the draft of his report, he shall deliver copies thereof to such of the parties as apply for the same, and shall assign a time and place for the parties to bring in objections, and for settling the draft of the report, and shall issue his summons for that purpose; but no summons to see the draft of the report, and take copies thereof, shall be necessary. On the return of the summons, or on such other day as may then be assigned by the Master for that purpose, iť objections are filed by either party, he may proceed to hear the parties on such objections, and the Master shall settle and sign his report, and cause it to be filed in the proper office, within twenty days after the argument on such objections is closed. If no objections are made to the draft, the Master shall file his report in the proper office within ten days after the time assigned for bringing in objections."*

*JULY 26TH, 1842. It is ordered by the Chancellor, that the 50th rule [*x] of the Court be amended so as to read as follows:

“ RULE 50. • When a cause is at issue by replication to a plea or answer, either party may, at any time within sixty days thereafter, enter an order of course, and give notice thereof to the opposite party, for the taking of testimony within sixty days from the service of notice of such order; and either party, under such order, may, at any time within the said sixty days, take the testimony of his witnesses, upon giving ten days' notice to the opposite party of the names and places of abode of the witnesses to be examined, and of the time and place of such examination, and the person before whom the same will be taken. At the end of the said sixty days, either party, on filing an aflidavit of the service or of the receipt of such notice, may enter an order that the proofs in the cause be closed.

* Vide Suydam v. Dequindre, post 23.

“ If neither party shall enter an order for the taking of testimony and serve notice thereof on the opposite party, within thirty days after the cause is at issue as aforesaid, the cause shall stand for hearing on bill, answer, and replication, and may be noticed by either party.”

And it is further ordered that the 55th rule of this Court be, and the same is hereby abolished.

March 31st, 1844.
The following additional rules were adopted:

RULE 119.

Any application for the appointment of a special guardian to sell the real estate of an infant, must be by petition of the

general guardian of such infant, if he has any; and if [*xi] he has no guardian, then by the petition of the *infant

himself, if of the age of fourteen years or upwards, or of some relative or friend if he is under that age. The petition must be verified under the fourteenth rule of the Court, must state the age and residence of the infant, the situation, value, and annual income of each piece or parcel of real estate proposed to be sold, and the circumstances that render a sale necessary or proper. It must also state the name and residence of the proposed guardian, the relationship, if any, which he bears to the infant, and the security he proposes to give; and the proposed guardian must give his assent in writing at the foot of the petition.

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