be appointed a referee who is the partner of clerk of the attorney, or counsel, of the party in whose behalf such application for such appointment is made, or who is in any way connected in business with such attorney or counsel, or who occupies the same office with such attorney or counsel.

Rule 80. Sequestration of property of corporation; where motion for receiver may be made; removal receiver.

All motions for the sequestration of the property of corporations, or for the appointment of receivers thereof, must be made in the judicial district in which the principal place of business of said corporations, respectively, is situated, except that in actions brought by the Attorney-General in behalf of the people of this State, when it shall be made to appear that such sequestration is a necessary incident to the action, and that no receiver has already been appointed, a motion for the appointment of one may be made in any county within the judicial district in which such action is triable. No motion can be made, or other proceeding had for the removal of a receiver, elsewhere than in the judicial district in which the order for his appointment was made. And where a receiver has been appointed, his appointment shall be extended to any subsequent suit or proceeding relating to the same estate or property in which a receiver is necessary.

Rule 81. Power of receiver to employ counsel.

No receiver shall have power to employ more than one counsel, except under special circumstances and in particular cases requiring the employment of additional counsel, and in such cases only upon special application to the court, showing such circumstances by his petition or affidavit, and on notice to the party or person on whose behalf or application he was appointed. This rule shall apply to all receivers, present and future; and no allowance shall be made to any receiver for expenses paid, or made, or incurred in violation of this rule.

Rule 82. Examination of a party before trial.

When an examination is required under sections 870, 871, 872 of the Code of Civil Procedure, the affidavit shall specify the facts and circumstances which show, in conformity with subdivision 4 of section 872, that the examination of the person is material and necessary.

Rule 83. Courts may make further rules.

The Appellate Division in each department, and the various courts of record, may make such further rules in regard to the transaction of business before them respectively, not inconsistent with the foregoing rules as they in their discretion may deem necessary.

Rule 84. Practice în cases not covered by these rules. In cases where no provision is made by statute or by these rules the proceedings shall be according to the customary practice as it formerly existed in the Court of Chancery or Supreme Court, in cases not provided for by statute or by the written rules of those courts. 105

Table showing the value of an annuity of $1 on a single life, according to the Carlisle Table of Mortality, at 5 per cent. interest, referred to in General Rule No. 70.

י.

Calculate the interest at 5 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.

Suppose a widow's age is 37, and she is entitled to dower in real estate worth $350.75. One-third of this is $116.91 2/3. Interest on $116.91 for one year at 5 per cent. (as fixed by the 70th Rule) is $5.85. The number of years' purchase which an annuity of $1 is worth at the age of 37, as appears by the table, is thirteen years and 843/1,000 parts of a year, which multiplied by $5.85, the income for one year, gives $80.98 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 5 per cent. is $450. The number of years' purchase which an annuity of $1 is worth at the age of 50, as per table, is 11.660 parts of a year, which, multiplied by $450, the value of one year, gives $5,247 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, first payment due one year hence. These values, with those for joint and survivorship life interest, may be found in "Commutation Tables for Joint Annuities and Survivorship Assurances Based on the Carlisle Mortality, by David Chisholm." London, Charles & Edwin Layton, 1858.

105b

INDEX TO RULES OF PRACTICE.

(The references are to the numbers of the rules.)

Admission of attorneys:

certificates on

Affidavit:

.

to be folioed and indorsed of merits.

for order extending time

on ex parte application, statement as to previous application.

on motion to change venue

to entitle guardian to compensation

Agreements:

between parties or attorneys, to be in writing

Allegations:

in pleadings, to be marked

Allowance:

applications for additional of time, for counsel

Answer:

in action for divorce

Appeal:

to Appellate Division, papers on, where filed to be placed on calendar, in what order failure of appellant to appear

papers on, to be furnished by appellant

Appearance:

entry of

failure of appellant to make

Application:

ex parte, affidavits on, to contain statement as to previous application...

Assignments:

of mortgage to be filed or recorded before conveyance on foreclosure.. 63

Attachments:

petition or affidavits on, to be filed

grounds to be stated

if property of defendant is held under, case preferred.