penses has been duly taxed and filed with the clerk in whose office the appointment of such committee is entered, provided the whole amount of such costs and expenses does not exceed fifty dollars. But where the costs and expenses exceed fifty dollars, the committee shall not be at liberty to pay the same out of the estate in his hands without a special order of the court directing such payment.

RULE 86. Action for divorce or separation. Complaint for divorce.--When an action is brought to obtain a divorce or separation, or to declare a marriage contract void, if the defendant fail to answer the complaint, or if the facts charged in the complaint are not denied in the answer, the court to which application is made for judgment shall order a reference to take proof of all the material facts charged in the complaint.

The court shall in no case order the reference to a referee nominated by either party.

And, when the action is for a divorce on the ground of adultery, unless it be averred in the complaint that the adultery charged was committed without the consent, connivance, privity or procurement of the plaintiff; that five years have not elapsed since the discovery of the fact that such adultery had been committed; and that the plaintiff has not voluntarily cohabited with the defendant since such discovery; and also where, at the time of the offence charged, the defendant was living in adulterous intercourse with the person with whom the offence is alleged to have been committed; that five years have not elapsed since the commencement of such adulterous intercourse was discovered by the plaintiff; and the complaint containing such averments be verified by the oath of the plaintiff, in the manner prescribed by the 157th section of the Code,-judgment shall not be rendered for the relief demanded until the plaintiff's affidavit be produced, stating the above facts.

RULE 87. Reference in suit to annul marriage.—To obtain an order of reference, if the complaint seeks to annul a marriage on the ground that the party was under the age of legal consent, an affidavit must be produced showing that the parties thereto have not freely cohabited for any time as husband and wife after the plaintiff had attained the age of consent. If the complaint seeks to annul the marriage on the ground that the plaintiff's consent was obtained by force or fraud, the plaintiff must show by affidavit that there has been no voluntary cohabitation between the parties as man and wife; and, if it seeks to annul a marriage on the ground that the plaintiff was a lunatic, an affidavit must be produced showing that the lunacy still continues, or the plaintiff must show by his affidavit that the parties have not cohabited as husband and wife after the plaintiff was restored to his reason.

RULE 88. Plaintiff may be examined on reference.—On a reference to take proof of the facts charged in a complaint for separation or limited divorce, the examination of the plaintiff on oath may be taken as to any cruel or inhuman treatment, alleged in the complaint, which took place when no witnesses were present who are competent to testify to the facts on such reference.

RULE 89. Defence in action for divorce, &c.-The defendant, in the answer, may set up the adultery of the plaintiff, or any other matter which would be a bar to a divorce, separation, or the annul. ing of a marriage contract; and if an issue is taken thereon, it shall be tried at the same time and in the same manner as other issues of fact in the cause.

RULE 90. Questioning legitimacy of children.-On a complaint filed by a husband for a divorce, if he wishes to question the legitimacy of any of the children of his wife, the allegation that they are or that he believes them to be illegitimate shall be distinctly made in the complaint. If a reference is ordered, proofs shall be taken upon the question of legitimacy, as 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 of 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 a divorce shall be entertained except upon the special direction of the court.

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.

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.

În 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 Northampton tables, referred to in the preceding 84th rule of 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.

RULE FOR COMPUTING THE VALUE OF THE LIFEESTATE 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 life-estate of such person in said sum,

EXAMPLES.

Suppose a widow's age is 37, 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 84th rule), is $7 01. The number of years' purchase which an annuity of one dollar is worth, at the age of 37, as appears by the table, is 11 years and 035-1000 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 50 is tenant by the curtesy 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 50, as per table, is 9 years and 417-1000 parts of a year, which, multiplied by 540, the value of one year, gives $5,085 18 as the gross value of his lifeestate 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.

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