the company of one copy of the order authorizing the several payments shall be sufficient to authorize the payment of subsequent drafts in pursuance of such order.

Rule 70. Gross sum in payment of life-estate.

Whenever a party, as a tenant for life, or by the courtesy, or in dower, is entitled to the annual interest or income of any sum paid into court and invested in permanent securities, such party shall be charged with the expense of investing such sum, and of receiving and paying over the interest or income thereof; but if such party is willing, and consents to accept a gross sum in lieu of such annual interest or income for life, the same shall be estimated according to the then value of an annuity of five per cent. on the principal sum, during the probable life of such person, according to the Carlisle Table of Mortality. (As amended October 24, 1905.)

Rule 71. Fees on inquisition of lunacy; special order of the court; when necessary, to pay costs.

On the execution of a commission of lunacy, etc., the commissioners, for every day they are necessarily employed in hearing the testimony and taking the inquisition, shall be entitled to an allowance to be fixed by the court, not exceeding ten dollars for each day to each of such commissioners.

Where the costs and expenses exceed $250, besides witness fees and allowances to commissioners, 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 upon notice to all parties who have appeared in such proceedings, directing such payment.

Rule 72. Divorce or separation, action for; reference on default; averments in complaint; plaintiff to be examined on oath.

When an action is brought to obtain a divorce or separation, or to declare a marriage contract void, the court shall in no case order the reference to a referee nominated by either party nor to a referee agreed upon by the parties, nor without proof by affidavit conformable to the rules relating to the manner and proof of the service of the summons and complaint. Notice of appearance and retainer shall not be sufficient to excuse such proof.

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 offense charged, the defendant was living in adulterous intercourse with the person with whom the offense 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 Code, judgment shall not be rendered for the relief demanded until the plaintiff's affidavit be produced stating the above facts.

In an action for a divorce or for the annulment of a marriage, where the defendant fails to answer, no reference shall be granted to take proof of the facts stated in the complaint, but before a

judgment shall be granted the proof of such facts must be made to the court in open court and a copy of the evidence taken before the court shall be written out and filed with the judgment roll. The court may, however, in case the evidence is such that the public interest requires that the examination of the witnesses should not be public, exclude all persons from the court room except the parties to the action and their counsel and the witDesses, and shall order such evidence, when filed with the clerk, sealed up and exhibited only to the parties to the action or some one specially interested upon order of the court.

Rule 73. Divorce, judgment by default, when granted. Before judgment by default shall be granted in an action to anul a marriage on the ground that the party was under the age of legal consent, proof must be made 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 action is brought to annul the marriage, on the ground that the plaintiff's consent was obtained by force or fraud, the plaintiff nst show that there has been no voluntary cohabitation between the parties as man and wife; and if it is brought to annul a marriage on the ground that the plaintiff was a lunatic, proof must be produced showing that the lunacy still continues; or that the parties have not cohabited as husband and wife after the plaintiff was restored to his reason.

Rule 74. Divorce, answer in action.

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 annulling 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 75. Legitimacy of children on divorce.

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 illegititate, shall be distinctly made in the complaint. If, upon default, proofs shall be taken upon the question of legitimacy as well as pon the other matters stated in the complaint, and if the issue s tried by a jury, an issue on the question of legitimacy of the children shall be awarded and tried at the same time.

Rule 76. Judgment declaring marriage void, or granting a divorce not to be by default; copy of pleading or testimony not to be furnished; judgment to be entered by

court.

No judgment annulling a marriage contract or granting a divorce, or for a separation or limited divorce, shall be made of arse by the default of the defendant; or in the consequence of any neglect to appear at the hearing of the cause, or by consent. Every such case shall be heard after the trial of the issue, or pon the coming in of the proofs at a Special Term of the court; bat where no person appears on the part of the defendant, the 4-tails of evidence in adultery causes shall not be read in public, bit shall be submitted in open court. No officer of any court, with whom the proceedings in an adultery cause are filed, on or before whom the testimony is taken, nor any clerk of such officer,

either before or after the termination of this 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 entered except upon the special direction of the court.

Rule 77. Receiver of debtor's estate; powers and duties; costs.

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 78. Suits by receiver; costs.

Whenever a receiver, appointed under proceedings supplementary to execution, shall apply for leave to bring an action, he shall present and file with his application the written request of the creditor in whose behalf he was appointed, that such action be brought; or else he shall give a bond with sufficient security and properly acknowledged and approved by the court, to the person against whom the action is to be brought, conditioned for the payment of any costs which may be recovered against such receiver. And leave to bring action shall not be granted except on such written request or on the giving of such security. In all other cases where a receiver applies to the court for leave to bring an action, he shall show in such application that he has sufficient property in his actual possession to secure the person against whom the action is to be brought for any costs which he may recover against such receiver; otherwise the court may require the receiver to give such bond conditioned for the payment of costs, and with such security as is above mentioned.

Rule 79. Who may be referee.

Except in cases provided for by section 1011 of the Code of Civil Procedure, no person, unless he is an attorney of the courts in good standing, shall be appointed sole referee for any purpose in any pending action or proceeding. Nor shall any person

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 of 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 sa 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 etion is triable. No motion can be made, or other proceeding bad 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 reairing 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 rale shall apply to all receivers, present and future; and no allowthe 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

ecessary.

Rule 84. Practice in 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 merly existed in the Court of Chancery or Supreme Court, in cases not provided for by statute or by the written rules of those courts.

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.

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.