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such crossings, the same shall be ascertained and determined by commissioners, to be appointed and paid in the manner provided in the three preceding sections. (Sec. 52 of No. 41 of 1849.)

REPORT OF DIRECTORS-RIGHTS OF THE STATE, ETC. ETC.

SECT. 72. The directors of every such corporation shall, from year to year, make report to the legislature, under the oath of the president or one of the board, of their acts and doings, receipts and expenditures, under the provisions of their charter, the first of which reports shall be made within one year after the organization of the corporation, and the others shall be made on or before the third Thursday of October in every succeeding year; and their books shall at all times be open to the inspection of any committee of the legislature appointed for that purpose; and if such corporation shall unreasonably refuse or neglect to make such reports, they shall, for every such refusal or neglect, forfeit a sum not exceeding five thousand dollars. (Sec. 41 of No. 41 of 1849.)

SECT. 73. The state may, at any time during the continuance of the charter of any railroad corporation, after the expiration of twenty years from the opening of said railroad for use, purchase of the corporation the said railroad, and all the franchise, property, rights and privileges of the corporation, by paying them therefor such a sum as will reimburse them the amount of capital paid in, with a net profit thereon of ten per cent. per annum from the time of the payment thereof by the stockholders to the time of such purchase. (Sec. 43 of No. 41 of 1849.)

SECT. 74. This act shall be, at all times, subject to alteration, amendment, or repeal, by any future legislature, and shall not take effect till the first day of December, A. D. 1850. (Sec. 65 of No. 41 of 1849.)

SECT. 75. Nothing in this act contained shall be so construed as to affect any rights or liabilities which have already accrued. (Sec. 66 of No. 41 of 1849.)

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Chap. 24 of the Revised Statutes, pp. 147-157.

4 of the Laws of 1843,

6-7.

No.

66

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42. Bill of revivor unnecessary-but court may 66. Court to deliver bond to the person entitled order the suit revived.

43. Order of revival to be served on the repre

sentative.

44. Proceedings in case the representative does

not appear.

45. Court may compel answer in certain cases,
or order bill taken as confessed.
46. Representative to make further answer, if
required.

47. If representative shall not appear, court may
order bill taken as confessed, or compel

answer.

48. Representative may be made complainant in bill, and may amend the bill.

49. The defendant may be compelled to answer the amended bill.

50. If representative does not make himself complainant, the surviving complainant may make him defendant.

51, 52. If there is no surviving complainant, or he shall neglect to proceed, the court may order the suit to stand revived.

53. Court may order suit revived against representative of deceased defendant.

54. A surviving defendant may proceed against the representative of deceased defendant.

INJUNCTIONS.

55. Injunction not to issue until bill filed.
56. Filing the bill what shall be deemed.
57, 58. Injunction not to issue to stay proceed-

ings at law unless security shall be given. 59. Injunction not to issue to stay proceedings at law, in ejectment, after verdict, unless security be given.

60. Damages upon dissolution of injunctionhow ascertained.

to the benefit of it-when broken.

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THE COURT OF CHANCERY; ITS POWERS AND JURISDICTION.

SECTION 1. A court of chancery is hereby constituted, the powers of which are vested in a chancellor, as is hereinafter provided. (Sec. 1 of R. S.).

SECT. 2. The powers and jurisdiction of the court of chancery are coëxtensive with the powers and jurisdiction of the court of chancery in England, with the exceptions, additions and limitations created and imposed by the constitution and laws of this state. (Sec. 23 of R. S.)

SECT. 3. The court of chancery shall dismiss every suit concerning property, except to foreclose a mortgage, where the matter

in dispute, exclusive of costs, does not exceed fifty dollars, with costs to the defendant. (Sec. 24 of R. S.)

THE CHANCELLOR.

SECT. 4. Each circuit judge shall be a chancellor, and within the judicial circuit for which he is elected shall have and exercise all the jurisdiction and powers which now are, or hereafter may be, vested in a court of chancery. (Sec. 9 of No. 40 of 1849.)

SECT. 5. No chancellor shall act on the trial of any cause or matter pending in such court, wherein he shall be a party, or interested in the event of the suit, or shall have been of counsel for either party, or shall be related to either party, within the fourth degree of consanguinity or affinity. (Sec. 8 of R. S.)

SECT. 6. Each chancellor in this state shall have power to do any act, or make any order or decree, short of a final order or decree, in any cause, that may by law be done by the chancellor within the judicial circuit for which he may be designated. (No. 4 of 1843.)

SECT. 7. If any chancellor shall be unable to attend any term of the court of chancery in his judicial circuit, or if he is disqualified to act in any suit pending in such court, any other circuit judge as chancellor may hold such term, or may hear, try and determine any such cause, or make any order therein. (Sec. 10 of No. 40 of 1849.)

THE CLERK.

SECT. 8. The county clerk in each county shall be the clerk of the court of chancery. (Sec. 10 of R. S.)

MASTERS AND EXAMINERS.

SECT. 9. The several clerks of the court of chancery shall be masters and examiners in chancery. (Sec. 72 of R. S.)

SECT. 10. The court of chancery may appoint as many additional masters and examiners in any county, as may be necessary, and may remove them at pleasure. (Sec. 73 of R. S.)

SECT. 11. A master in chancery shall have power to administer all oaths necessary and proper to be administered to parties and witnesses, in any cause pending in the court of chancery. (Sec. 74 of R. S.)

TERMS OF THE COURT.

SECT. 12. There shall be, annually, two stated terms of the court of chancery in each county, to commence on the respective days appointed by law for holding the county court in such county, and to continue for such time as the chancellor shall direct. (Sec. 3 of R. S.)

SECT. 13. The court of chancery may hold as many adjourned and special terms in any county as the state of business may, from time to time, require. (Sec. 4 of R. S.)

SECT. 14. All the terms of the court of chancery, in any county,

shall be held at the usual place of holding courts in such county. (Sec. 5 of R. S.)

SECT. 15. For all purposes, except the final hearing of a cause, such court shall be deemed as always in session, and the chancellor of such court, at chambers, may do any act, or make any order or decree, short of a final order or decree, in any cause, that could have been done or made by such court at a stated term. (Sec. 6 of

R. S.)

SECT. 16. Any such act, order or decree of a chancellor, shall be deemed as having been done or made at the usual place of holding courts in the county where the cause is pending, or the bill returnable, to which such act, order or decree has relation. (Sec. 7 of R. S.)

SUITS AND PROCEEDINGS THEREIN.

SECT. 17. All suits in chancery shall be brought and entered in court, in the county, within which one of the parties resides, if either party resides in this state, and if neither party resides in this state, in the county where the subject matter of the controversy, or some part thereof, is situated. But if the subject matter is not local

in its nature, and neither party resides in this state, the suit may be brought and entered in any county. (Sec. 11 of R. S.)

SECT. 18. All bills and petitions in the court of chancery shall be addressed to the court of chancery in the county where such bill is required by law to be entered, or shall be pending. of R. S.)

(Sec. 28

SECT. 19. Process, issued out of the court of chancery, shall be signed by the clerk of such court in the county in which such process shall be made returnable, or by a chancellor. (Sec. 12 of R. S.)

SECT. 20. The original subpoena, with the bill, shall be served in the same manner as writs of summons are required by law to be served. (Sec. 13 of R. S.)

SECT. 21. Whenever a defendant, in a bill in chancery, shall reside out of this state, so that a subpoena cannot be served on him, the complainant may file his bill in the office of the clerk of the court in the county where the same is by law required to be entered, and such clerk shall issue an order stating the substance of the bill, and requiring the absent defendant to appear on the first day of the next stated term of the court in the county aforesaid, and make answer to such bill; which order the complainant shall cause to be published in such public newspaper, as shall be directed by such order, three weeks successively, the last of which shall be at least twenty days previous to the commencement of the term, at which such defendant is required to appear. (Sec. 60 of R. S.)

SECT. 22. If the defendant does not enter his appearance agreeably to such order, the court may order the bill taken as confessed, or further notice given to the defendant, in its discretion. (Sec. 61 of R. S.)

SECT. 23. No subpoena, requiring a party to appear before such court to answer a bill of complaint, shall issue, until the complainant

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