Jackfon ex dem. Kemp, and others against Parker and Brewster. ALBANY. Mitchell V. Ingerfoll. After a ver plaintiff, if he CAINES applied for a rule ordering the plaintiff, who had obtained a verdict, to make up the record within a given time, dict for the or that the defendant have leave to do it for him, as the ver- neglect to make dict was complete evidence for the defendant, in a fuit in up the record Chancery, between the fame parties. Smith refifted the application, because the defendant had never requested it to be done. the court will Per curiam. Take your rule, allowing twenty days+ for the court before requeft made to plaintiff to make up the record and carry in the roll, but with- the plaintiff, out cofts on either fide. Not to the defendant, because he tion will not be cofts of the moought to have made a requeft to the plaintiff before notice of allowed on ei application to the court, and we refuse them to the plaintiff because he ought not to have come here to refift. Lucet and others against Beekman and others. ther fide. North, Cole.49, four days allow ed. The word IF a party named in a petition, for partition, be ftated to be feifed of a certain portion, the court will intend it to be of feifed imports a fee. of a fee. Anonymous. THE court faid, that in all cafes where a three months advertisement is required, a weekly notice is fufficient. Hector M'Kenzie against John Wilfon. TRIAL by record is a non-enumerated motion. Mitchell against Ingerfoll. THE rule for affigning errors having expired, the defend- If it appear di ant entered a default against the plaintiff. Hopkins moved to fet it afide, on an affidavit ftating that ligence has been ufed to obtain Feb. 1805. ALBANY, the transcript had been written for, and was, when the rule expired, daily expected. Codwife & ors. V. Hacker. the transcript in Whiting contra, urged that an order to enlarge the time for affigning errors ought to have been obtained. Per curiam. No laches is imputable to the plaintiff. error, during a He had reasonable grounds for expecting the tranfcript, let therefore the default be set aside on payment of costs. reasonable ex pectation of which a default has been entered for not affigning errors, it will be fet afide on payment of cofts. Ludlow aganft Heycraft. THIS was an action against the acceptor of a bill of exchange, A plea fent in which the plea, having been fent by the poft, did not arrive in time, in confequence of which a default was entered. by the post, will fave a default. In future no trial by provifo Henry moved to set it aside on affidavit, that the acceptance was conditional. Williams refifted because it did not appear to have been on the face of the bill. to. Henry in reply. It might have been verbal, and is sworn Per curiam. Take your motion on payment of cofts. George Codwife and others against John Hacker. THE defendant in this caufe, without any previous rule without previ- for trying it by provifo, gave a fimple notice that he should ous rule to be bring it on, but inferted a provifo clause in the venire. obtained on notice. Un der these circumftances he obtained a nonfuit at the last term, to set aside which, application was now made on behalf of the plaintiff, who did not notice for trial; the court, however, refused the motion in confequence of the provifo clause being inferted in the venue, but at the fame time made the following general rule. ORDERED, that hereafter the defendant shall not try a cause by provifo without a previous rule for that purpose, to be granted by the court on the ufual notice. In the cafe of Thomas Addis Emmet, Efq. who was admitted, in this term, to the degree of counfellor, the court determined that alienifm was no bar to admiffion, our ftatute not requiring the oaths of abjuration and allegiance, to be administered either to counsel or attorneys, and this court having therefore no power fo to do. That the only oath requifite was that of office; nor could they conceive how the practice of admitting the others had crept in, unless from the old colonial practice, under the statute of 13 W. 3, c. 6, made to fecure the crown against the Pretender, by the provifions of which counsellors and attorneys are enjoined to take the oaths of allegiance and abjuration. But by thofe of 4. Hen. 4. c. 18, from whence our act is borrowed, the oath of office only is prescribed, upon taking of which Mr. Emmett received his licence. N. B. It was ruled that a counsellor of this court is entitled to privilege, and must be proceeded against by bill as prefent in court, and not by writ. ALBANY, Counfel of t court have ] ... vilege, REGULÆ GENERALES. ORDERED, That in future only the oath of office be administered to perfons admitted as counsel or attorney in this court. ORDERED, That in error on certiorari under the £.10 act, the plaintiff be entitled to have taxed against the oppofite party, only for a general affignment of error, special affignments being unneceffary, as the court is bound to decide on the merits, and overlook the defects of form. END OF FEBRUARY TERM, AND OF THE SECOND VOLUME. 3 D INDEX OF THE PRINCIPAL MATTERS. A. Abfent Debtors. See Debtors Abfconding and Absent, 1. Action. See Confideration, 1. Government Officer, 1. 1. If the agent of an infured give his own 153 2. A father cannot maintain an action for Action upon the Cafe. See Action, 2. Addition. 1. If a man be known by the addition of a |