(Unrupll Ham ^rlynol Hibrarg 
 
Cornell University Library 
 KF8855.C97 1859 
 
 Equity precedents; supplementary to Mr. J 
 
 3 1924 020 119 024 
 
Cornell University 
 Library 
 
 Mi 
 
 The original of tiiis bool< is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924020119024 
 
EQUITY PRECEDENTS; 
 
 SUPPLEMENTARY 
 
 MR. JUSTICE STORY'S 
 
 TREATISE ON EQUITY PLEADINGS 
 
 BY 
 
 GEORGE TICKNOR CURTIS, 
 
 COUNSELLOR AT LAW. 
 
 THIKD EDITION. 
 
 BOSTON: 
 
 LITTLE, BROWN AND COMPANY. 
 1859. 
 
Entered according to Act of Congress, in the year 1850, by 
 
 Geokge Ticknoe Curtis, 
 
 in the Clerk's Office of the District Court of the District of Massachusetts. 
 
 
 mVEESIDE, CAMBRIDGE: 
 PUIN-TED BY H. O. HOUGHTON AND COMPANY. 
 
PREFACE. 
 
 The extensive use of Mr. Justice Story's Treatise on 
 Equity Pleadings, in this country, has seemed to call for 
 the preparation of a collection of Precedents, to be used 
 by the student and practitioner, in connection with that 
 work. Such a collection, of course, must be drawn from 
 the best English collections of Equity Pleadings, in a 
 great measure. I have, in general, adapted the English 
 Precedents to the practice in this country, and have ap- 
 pended to them such references to Mr. Justice Story's 
 Treatise, as will enable the pleader or the student to re- 
 sort at once to the principles applicable to the case in 
 hand. 
 
 Many of the Precedents in this collection have been 
 taken from Van Heythusen's Equity Draftsman, by 
 Hughes, (2 vols. 8vo. London, 1828,) and from Willis's 
 Equity Pleadings, (8vo. London, 1820,) with such alter- 
 ations as seemed to be required. In some instances, no 
 alteration has been made, because the just understanding 
 of the system of pleading, in those instances, requires that 
 the English form should be studied, in connection with the 
 discussions in Judge Story's Treatise, or other elementary 
 works. I have also taken from the Equity Draftsman 
 
IV PREFACE. 
 
 the whole of the Precedents of Examinations of parties and 
 witnesses, without alteration. The value of these forms 
 consists, in my judgment, in the means which they aiFord 
 for the formation of a good style of drafting interrogato- 
 ries, and for becoming familiar with Equity proceedings. 
 They are drawn with more verbiage than is usual with the 
 best pleaders in this country ; but this redundancy will be 
 found to be no disadvantage to a young practitioner, who 
 is seeking to accustom himself to use legal language with 
 facility and correctness. 
 
 Some of the Precedents of Bills and Answers in this 
 volume, particularly in Patent and Copyright cases, have 
 been drawn by me, in my own practice, or have been fur- 
 nished to me by professional friends. 
 
 In the Department of Decrees and Orders, I have 
 selected from Seton on Decrees, (London, 1880,) making 
 the proper alterations, to adapt the forms to American 
 practice, except in those instances where the peculiar relief 
 given by the Decree, or the object to be accomplished, could 
 only be exhibited by preserving the English form in all its 
 peculiarities. 
 
 A portion of the Decrees and Decretal Orders has been 
 taken from the Equity Draftsman. 
 
 Boston, 25xh Apkil, 1850. 
 
TABLE OF CONTENTS. 
 
 CHAPTER I. 
 
 FORMS OF THE VARIOUS PARTS OP AN ORIGINAL BILL. 
 
 Page 
 
 The dikection oe address ..... 1 
 
 In a State Court ..... 1 
 
 In the Circuit Court of the United States ... 1 
 
 The introduction ...... 2 
 
 In a State Court ....... 2 
 
 in suits by persons of full age, not married women, idiots, or 
 
 lunatics ....... 2 
 
 in suits by wife where the husband is defendant, in respect of her 
 
 separate property ...... 2 
 
 in suits by wife where her husband is co-plaintiff . . 2 
 
 in suits by wife whose husband is banished or is an alien enemy 2 
 in suits by an infant .... .2 
 
 in suits by an idiot or lunatic, by his committee . 2 
 
 by his guardian . . .3 
 
 in suits by a person incapable of acting for himself, but not strictly 
 
 an idiot or a lunatic ..... 3 
 
 in suits by a corporation ..... 3 
 
 in suits by the government ..... 3 
 
 in suits by those who are under the protection of the government 3 
 
 in suits where the relator is not particularly interested . . 3 
 
 in suits where the relator is interested ... 3 
 In the Circuit Court of the United Slates . . ■ .4 
 
 in a suit by a citizen of one State against a citizen of another 4 
 
 The stating part ...... 4 
 
 conclusion of the stating part . . . 4 
 
 The confederating part ... . . 4 
 
 The charging part ... . 5 
 
 The .iurisdiction clause . . ... 5 
 
 a* 
 
VI TABLE OF CONTENTS. 
 
 Page 
 
 The interrogating pakt . . ■ • • .5 
 
 in general . . . . • ■ ° 
 
 In the Circuit Court of the United States . . ■ • .6 
 
 The prayer for relief ., . . • . • • ^ 
 
 The prayer for process . . ■ ■ • .6 
 
 when the bill is for discovery and relief ... 6 
 
 where the attorney-general, or other officer of the government 
 
 is defendant, as such . . ' . • • ^ 
 
 where an injunction is prayed for to restrain proceedings at law 7 
 
 to stay waste . . 7 
 
 where a writ of Ne exeat regno is prayed for . . .8 
 
 where a writ of Certiorari is prayed for ... 8 
 
 CHAPTER II. 
 
 original bills prating relief. 
 
 Bills for specific performance . . . . .9 
 
 by a vendor against a purchaser, for the specific performance of 
 a written agreement for the purchase of an estate, the title 
 only being in dispute ..... 9 
 
 by a vendor for the specific performance of a written agreement 
 
 for the purchase of an estate, entered into with his agent . 10 
 
 by a purchaser against the vendor for specific performance of a 
 
 contract for the sale of an estate ._ . . .12 
 
 by first vendee against vendor and another vendee on account 
 of a subsequent sale, — Praying also for an injunction to re- 
 strain the defendant from bringing ejectment . 15 
 
 by lessee against lessor for specific performance of an agreement 
 
 for a lease . . . . . . .17 
 
 prayer of a bill by a surety to compel a specific performance of 
 an agi-eement to execute a mortgage as indStonity, — pray- 
 ing also for a writ of iVe exeai re^no . . . 18 
 Bills to cancel agreements, bills of exchange, bonds, and 
 
 OTHER instruments . . . . .19 
 
 by the acceptor against the drawers, indorser, and holder, to re- 
 strain proceedings at law, &c., and to have the same delivered 
 up to be cancelled . . . . . jg 
 
 by lessee to have an agreement delivered up to be cancelled 
 by which he gave up the remainder of his lease contrary 
 to his intention ; praying also to have the original lease 
 confirmed ; also for an account and repayment of the tax, 
 and for an injunction to restrain proceedings in ejectment • 22 
 
TABLE OF CONTENTS. VU 
 
 Page 
 
 Bills to restrain the infringement or patents and copy- 
 rights ....... 25 
 
 by patentee to restrain the infringement of a patent after a 
 
 verdict against the same defendant ... 25 
 
 by owner and assignees, to restrain the infringement of a patent, 
 after it has been extended, and after verdict against an- 
 other defendant . . . . . .27 
 
 by the assignee of a patent, after a verdict at law against the 
 
 same party ...... 33 
 
 by the assignee of a copyright to restrain an infringement 38 
 
 by the author and proprietor of a copyright, to restrain an in- 
 fringement ...... 42 
 
 Bills by creditors for payment of debts . . 46 
 
 by simple-contract creditors against the executors of the de- 
 ceased debtor, for payment of his debts . . .46 
 
 by simple-contract creditors against the executor, &c. for pay- 
 ment of debts, and marshalling assets . . 47 
 
 by holders of certain bills of exchange, in behalf of themselves 
 and their creditors, to enforce a trust against certain as- 
 signees of the drawers . . . . 50 
 Bill for dower ...... 58 
 
 by a widow against the heir for dower . 58 
 
 Bills op foreclosure ...... 59 
 
 by a mortgagee of a freehold estate against the mortgagor . 59 
 
 by a mortgagee for a foreclosure against surviving mortgagor, 
 
 entitled to the equity of redemption ... 60 
 
 Bills of interpleader ...... 63 
 
 by a lessee against different persons claiming the rents by dif- 
 ferent titles, to have them interplead . . . 63 
 Prayer of a bill of interpleader and affidavit . 65 
 
 prayer of a bill of interpleader — that plaintiff may be at liberty 
 to pay the arrears of rent into court, first deducting there- 
 out certain sums for repairs and land-tax — that possession 
 may be delivered to the party entitled, and an allowance 
 made to the plaintiff for certain articles ; and for an in- 
 junction to restrain proceedings in ejectment and distress 65 
 
 form of an affidavit to be annexed to a bill of interpleader 66 
 
 Bills for the payment of legacies, and to carry the 
 
 TRUST OF wills into execution . . . 67 
 
 by husband of legatee against executor . . 67 
 
 by husband and wife for the payment of a legacy . 68 
 
 by legatees against executor for payment of legacies . 71 
 
 by an executor, &c. to carry trusts into execution . 73 
 prayer of a bill to carry the trusts of a will into execution, and 
 
 to have the rights of all the parties ascertained . . 7 7 
 by one of the children of deceased, for an account of the estate 
 
 of the intestate, and for the payment of plaintiff's share 78 
 
 Bills for partition ...... 80 
 
■Vlll TABLE OF CONTENTS. 
 
 Page 
 Bills for partition — continued. 
 
 by one tenant in common against another, for partition . 80 
 
 by co-heiresses and their husbands for partition . 81 
 
 for dissolution of partnership . . . • 83 
 
 for an account of partnership dealings after dissolution . 85 
 
 Bills for redemption ....•• 87 
 
 by the heir-at-law of a mortgagor . . • .87 
 
 to have goods redelivered, which have been deposited as a 
 
 security for money lent .... 88 
 
 to set aside a decree of foreclosure fraudulently obtained and 
 
 for a redemption . , . . . .89 
 
 Bills relating to the execution op trusts . • 91 
 
 to remove trustees, &c. . . . . .91 
 
 for the appointment of a new trustee under a marriage settle- 
 ment . ..... 93 
 
 by trustees who desire to act under the direction of a court of 
 
 equity ....... 94 
 
 Bills bt underwriters for frauds practised upon them 
 
 in the insurance op ships . . 98 
 
 for fraud in the representation of the voyage . . 98 
 
 Bills to restrain waste . . . . . 102 
 
 by a landlord against a lessee for years . • .102 
 
 by a landlord against his lessee for years who had ploughed 
 
 up lands contrary to the lease, &c. . . . 104 
 
 CHAPTER III. 
 
 original bills not prating relief. 
 
 Bills to perpetuate testimony . . . .107 
 
 by a devisee in fee in possession, to perpetuate the testimony 
 
 of a witness to a will ..... 107 
 
 Bills to take testimony de bene esse . .109 
 
 to take testimony rfe Jen« esse for various causes . . 109 
 
 Bills FOR discovery . . . . . .110 
 
 for discovery of title, in aid of a defence, to an action of eject- 
 ment ...... 110 
 
 CHAPTER IV. 
 
 bills not original. 
 
 Supplemental bills . . . . . .113 
 
 against the assignee of a bankrupt defendant . . 113 
 
TABLE OF CONTENTS. ix 
 
 Page 
 
 Supplemental bills — contmued. 
 
 to an original and amended bill filed by a lessee for specific 
 
 performance of an agreement . . . .114 
 
 A bill OP REVIVOR ...... 115 
 
 by the administrator of the plaintiff in the original suit (before 
 
 decree) . . . . . . .115 
 
 upon the marriage of the female plaintiiF . . . 116 
 
 against the surviving executor of one of the defendants since 
 
 deceased (after a decree) • . . .117 
 
 An ORIGINAL BILL IN THE NATURE OF A BILL OF REVIVOR . 118 
 
 where a bill to foreclose a mortgage was brought, and the de- 
 fendant died, after decree referring it to a Master, &c. . 118 
 
 against the administratrix and heiress at law of the deceased 
 
 defendant ...... 119 
 
 A CROSS-BILL . . . . . . .121 
 
 by an administrator de bonis non . . . . 121 
 
 A BILL OF REVIEW ..... 124 
 
 to examine and reverse a decree signed and enrolled . • 1 24 
 
 on discovery of new matter . . . . . 1 25 
 
 A BILL TO IMPEACH A DECREE FOR FRAUD . . . 126 
 
 to set aside a decree of foreclosure fraudulently obtained, and 
 , for a redemption . . . . . .126 
 
 A BILL TO SUSPEND THE OPERATION OP A DECREE . . 128 
 
 to enlarge the time of performance of a decree . .128 
 
 A BILL TO CARRY A DECREE IN EXECUTION . . . 130 
 
 where ■& decree of partition had been obtained and not exe- 
 cuted .... . . 130 
 
 CHAPTER V. 
 
 infoemations. 
 
 When they concern only the rights op the crown or gov- 
 ernment ...... 132 
 
 to set aside a patent of lands granted by the crown . . 132 
 
 When they concern those whose rights the crown or 
 
 government TAKES UNDER ITS PARTICULAR PROTEC- 
 TION ....... 135 
 
 to establish charitable bequests in favor of a parish . .135 
 
TABLE OF CONTENTS. 
 
 CHAPTER VI. 
 
 DEMUREEHS. 
 
 Page 
 
 The title ....... 139 
 
 of a defence by demurrer to a bill in equity . . .139 
 
 introduction to a demurrer to the -whole of the bill . 139 
 
 where the demurrer is to part of the bill, or to the relief . 139 
 
 The conclusion ........ 140 
 
 general words of a conclusion to a demurrer to the whole bill 140 
 
 where the demurrer is to part only, or to the relief . . 140 
 
 forms op demurrers. 
 
 Demurrers to bills prating relief, where the court has 
 
 NO jurisdiction ..... 140 
 
 on a lost bond, for want of an aiEdavit of such loss being an- 
 nexed, and filed with the bill .... 140 
 
 for want of a suggestion that the evidence of the plaintiff's 
 
 demand is not in his power .... 141 
 
 to a bill for relief filed by a person beneficially entitled . 141 
 
 to a bill for a new trial ..... 141 
 
 to a bill brought to obtain the benefit of a security . . 142 
 
 to a bill for relief against a mandamus . . . 142 
 • to a bill of interpleader,.because it shews no claim of right in 
 
 the defendant ...... 143 
 
 the same, because the plaintiiF shews no right to compel the 
 
 defendants to interplead .... 143 
 
 the same, for want of the necessary aSidavit . . . 143 
 to a bill to restrain a private nuisance . . . 143 
 to a bill for the examination of witnesses de bene esse . 144 
 Where some other court of equity has proper jurisdic- 
 tion ... ... 144 
 
 to a bill of appeal and review ..... 144 
 
 to a bill exhibited by an infant .... 145 
 
 Where the plaintiff has no interest in the subject, or 
 
 no title to institute a suit concerning it 145 
 where the plaintiff claimed under a will, but had no title . 145 
 against the presumptive heir-at-law, to perpetuate the testi- 
 mony of witnesses to a paper, pretended to be a lunatic's 
 will, made before "his lunacy • • . . 145 
 to have a sum of money bequeathed to procure a peerage, ap- 
 plied to that purpose ..... 146 
 
 Where the plaintiff has no right to call on the defend- 
 ant concerning the subject of the suit . . 146 
 for want of privity to a bill . . . j^g 
 
TABLE OF CONTENTS. 
 
 Page 
 
 Where the dependant has not that interest in the sub- 
 ject WHICH CAN MAKE HIM LIABLE TO THE CLAIMS 
 OP THE PLAINTIFF ..... 147 
 
 by an arbitrator made, a party to a bill to impeaoh his award 147 
 by the heir of the obligor to a bill . . . 147 
 
 Where, for some reasons founded on the substance op 
 
 THE case, THE PLAINTIFF IS NOT ENTITLED TO RE- 
 LIEF ....... 147 
 
 general demurrer for want of equity . ■ . 147 
 
 Where the bill is deficient to answer the purposes of 
 
 JUSTICE ....... 148 
 
 for want of parties ..... 148 
 
 Where distinct objects are confounded in the same bill 148 
 
 for multifariousness ...... 148 
 
 to a bill brought for part of a matter only . . 148 
 
 demurrers to disgoveet. 
 
 Where the case made by the bill is not such wherein 
 A court op equity assumes jurisdiction to com- 
 pel A discovert ..... 149 
 to a bill filed for a discovery in aid of the jurisdiction of the 
 
 court ....... 149 
 
 Where the plaintiff has no interest in the subject, or 
 NO interest which entitles him to call upon 
 
 THE defendant FOR DISCOVERY . . . 149 
 
 to a bijl brought against the defendant by a judgment creditor 
 
 who had not sued out execution . . 149 
 
 Where the defendant has no interest in the subject, 
 TO entitle the plaintiff to institute a suit 
 against him, even for the purpose of discov- 
 ery ....... 149 
 
 where the defendant could be examined as a witness . 149 
 
 Where there is no privity op title between the plain- 
 tiff AND DEPENDANT THAT CAN GIVE THE PLAIN- 
 TIFF A RIGHT TO THE DISCOVERY . . 150 
 
 to a bill by the owner of land asserted to be tithe free . 150 
 
 Where the discovery, if obtained, cannot be material 150 
 to a bill seeking discovery to proceedings in the court . 150 
 
 Where the situation of the defendant renders it im- 
 proper for a court op equity to compel a dis- 
 covery ...... 151 
 
 where it would subject the defendant to pains and penalties 
 
 and forfeitures . . . . . .151 
 
Xll 
 
 TABLE OF CONTENTS. 
 
 CHAPTER VII. 
 
 PLEAS. 
 
 Page 
 
 Forms of commencements and conclusions of pleas . 152 
 
 The title ....... 152 
 
 of a defence by plea to a bill in equity . . .152 
 
 Commencement of pleas ..... 152 
 
 of a plea to tie whole or part of a bill . . .152 
 
 Conclusion of pleas ...... 152 
 
 Forms of pleas ....... 153 
 
 ■where the suit is for lands in a county palatine . . 153 
 
 of the privileges of the University of Oxford . . . 153 
 
 Pleas to the person ...... 155 
 
 of outlawry ....... 155 
 
 that the plaintiff is excommunicated . . . 156 
 
 that the plaintiff is a popish recusant convict . . .156 
 
 that the plaintiff is attainted . . . . 157 
 
 that the plaintiff is an alien enemy . . . .157 
 
 of infancy to a bill exhibited without a prochen amy . 158 
 
 of coverture of the plaintiff ..... 158 
 
 of lunacy . . . . . . . 158 
 
 Plea to the person . . . ^ . . . 159 
 
 that the plaintiff is not the person he pretends to be, or does 
 
 not sustain the character he assumes . . . 159 
 
 that the supposed intestate is living . . .• .159 
 
 Plea in bar ....... 159 
 
 that the plaintiff has no interest in the subject, or no right to 
 
 institute a suit concerning it ... . 159 
 
 of the bankruptcy of the plaintiff .... 159 
 
 that the defendant has not an interest in the subject that can 
 
 make him liable to demands of the plaintiff . . 162 
 
 that the defendant has no interest in the subject of the suit 162 
 
 Plea to the person ...... 162 
 
 that the defendant is not the person he is alleged to be, or does 
 
 not sustain the character he is alleged to bear . . 162 
 
 that the defendant never was administrator . . 162 
 
 Pleas in bar . . . . . . .163 
 
 that for some reason founded on the substance of the case, the 
 
 plaintiff is not entitled to relief . . . 163 
 
 1. Matters of record, or as of record in a court of equity . 163 
 of a decree ...... i63 
 
 of a former suit depending . . . . .164 
 
 2. Matters of record, or as of record, in some court, not a court 
 
 of equity ...... 155 
 
 of a fine and non-claim . . . . .165 
 
 of a recovery ..... jgj 
 
 of a verdict and judgment ..... 168 
 
TABLE OF CONTENTS. xiii 
 
 Page 
 
 Pleas in bar — continued. 
 
 3. Pleas in bai" of matter in ^ais . . . . 169 
 
 of a stated account ...... 169 
 
 . of an award . . . . . . 1 70 
 
 of a release . . . . . . .171 
 
 of a -will . . . . . . 172 
 
 circumstances bringing the case within the statute of limita- 
 tions . . . . . . .173 
 
 that supposing the plaintiff entitled to the assistance of the 
 court to assert a right, the defendant is equally entitled 
 to the protection of the court to defend his possession 1 74 
 
 of a purchase for a valuable consideration without notice . 1 74 
 that the bill is deficient to answer the purposes of complete 
 justice . . . . . . 175 
 
 of want of proper parties . . . . 1 75 
 
 Pleas to discovery only . . . . . 176 
 
 that the plaintifi''s case is not such as entitles a court of equity 
 
 to assume jurisdiction to compel a discovery in his favor 176 
 to the jurisdiction, where discovery is sought in aid of another 
 
 court of competent jurisdiction . . . .176 
 
 that the plaintifi' has no interest in the subject, or no such 
 interest as entitles him to call on the defendant for a dis- 
 covery . . . . . . 177 
 
 that the defendant has no interest in the subject to entitle the 
 plaintiff to institute a suit against him, even for the pur- 
 pose of discovery only . . . .177 
 
 that the situation of the defendant renders it improper for a 
 
 court of equity to compel a discovery . 177 
 
 that it will subject the defendant to pains and penalties . 177 
 
 that it would betray the confidence reposed in the defendant 
 
 as an attorney . . - . . 178 
 
 •Pleas to bills not original . . . . .179 
 
 to a bill of revivor . . . . . . 179 
 
 to a supplemental bill . . ... 179 
 
 CHAPTER Vin. 
 
 disclaimers. 
 
 A disclaimer ... ... 180 
 
 of the defendant to the bill of the complainant . .180 
 
 answer and disclaimer . . . . . 180 
 
XIV TABLE OF CONTENTS. 
 
 ' CHAPTER IX. 
 
 ANSWERS. 
 
 , • Page 
 
 Forms of the commencements and conclusions of an- 
 swers ....••• 182 
 the title of a defence by answer to a bill in equity . 182 
 where there is only one defendant . . • .182 
 where the attorney-general is a defendant . . 182 
 where a defendant is an infant . . ■ .182 
 where one of several defendants puts in her answer to an 
 
 original and amended bill .... 182 
 where two of several defendants put in their answer to an 
 
 original bill . . ' . . . . 183 
 where the names of some of the defendants are misstated in 
 
 the bill . 183 
 
 where exceptions have been taken to a former answer . 183 
 
 where the plaintiff has died before defendants have answered 183 
 
 where adult and infant defendants join in answering . 183 
 where a supplemental answer is requisite . . .183 
 
 The commencement ...... 184 
 
 introduction of words of course preceding an answer by one 
 
 defendant . . . . . . . 184 
 
 introduction of words of course preceding the joint and sev- 
 eral answers of several defendants . . . 184 
 Common forms used in framing answers . .184 
 where the defendant admits a statement . . . 184 
 where a defendant admits a statement of a written instrument 185 
 where a defendant believes a statement to be true, but quali- 
 fies his admission ...... 185 
 
 where the defendant sets forth a deed, and alleges the payment 
 
 of money . . . . . . 185 
 
 where the defendant is ignorant of the statement in the bill . 185 
 where one of two defendants knows the statement in the bill 
 to be true, and the other defendant does not know the 
 
 same ....... 186 
 
 where defendants admit the event, but cannot state the time 186 
 where there are several defendants, and are all ignorant of the 
 
 bill ....... 186 
 
 where one defendant denies the allegation, and the other be- 
 lieves the denial to be true .... 186 
 
 where two defendants deny the allegation of a bill . . 187 
 
 where a schedule of deeds is required to be set fortTi . 187 
 
 where an account of rents is required . . .187 
 
 The conclusion . . . . . . jg? 
 
 concluding words of an answer . . .187 
 
 Forms op answers ..... igg 
 
 usual answer of an attorney-general .... i88 
 
TABLE OF CONTENTS. XV 
 
 T? Page 
 -tORMS OF ANSWERS — continued. 
 
 the same where the plaintiflf is illegitimate _ ' . .188 
 
 the same where the testator died without leaving an heir-at- 
 
 'a^ • 188 
 
 answer of the attorney-general insisting on a title by escheat 189 
 
 answerto a bill brought against an obligor in a bond . 190 
 
 answer of trustees and executors .... 193 
 
 answer insisting on the benefit of the statute of frauds . 197 
 
 answer of one of three trustees for sale ... 198 
 
 answer of a trustee under a nuncupative will . . . 201 
 answer of an executor and trustee under a will to a bill for an 
 
 account filed by a legatee . . . . 203 
 
 answer of an executrix submitting to act under the indemnity 
 
 of a court ....... 2O6 
 
 answer of an executor of the husband of the plaintiff" to a bill 
 
 for the payment of a legacy . . . . 207 
 
 answer of the executors of a deceased acting executor to a bill 
 
 of revivor . . . " . . . . 2O8 
 
 answer of an executor of a deceased executor to a bill, of revi- 
 vor and supplement . . . . 209 
 
 answer of an infant heiress ..... 210 
 
 answer of a widow electing to take the bequests made to her 
 
 by will . . . . . . . 212 
 
 by adult and infant defendants . . ■ . . 213 
 by the widow and executrix of a deceased surviving executor 214 
 statemen| in an answer to statute of frauds . . • 215 
 answer of the lord of a manor, who had seised certain prem- 
 ises for want of a tenant ... 216 
 of a mortgagor to a bill of foreclosure . . 217 
 of the executors of the first mortgagee to a bill of foreclosure, 
 
 filed by the assignee of the second mortgagee, &o. . 219 
 to a bill for tithes by a vicar against the occupier of an ancient 
 
 farm ....... 223 
 
 of the East India Company, by a lay impropriator . .226 
 
 to a bill by a rector, and his lessee for arrears of tithes . 228 
 supplemental answer filed by leave of court to explain and 
 
 correct mistakes ..... 235 
 
 further answer after exceptions taken and allowed . . 238 
 
 of a trustee submitting to act as the court shall direct • . 239 
 conclusion of an answer insisting that the plaintiff's remedy is 
 
 at law ...... 239 
 
 answer and disclaimer by the personal representatives of a 
 
 mortgagee . . . . . . 240 
 
 the same denying having ever claimed any right or interest in 
 
 the premises mentioned ..... 240 
 
 the same of a trustee under a will . . . 241 
 
XVI TABLE OV CONTENTS. 
 
 CHAPTER X. 
 
 KEPLICATIONS. 
 
 A general replication to a defendant's answer . ■ 243 
 
 A special replication to the answers of several defendants . . 243 
 
 CHAPTER XI. 
 
 EXAMINATIONS. 
 
 Form of examination before a Master . . . 245 
 
 of executors before a Master ..... 245 
 
 of femes covert entitled to shares of money in a cause 248 
 
 Commissioner's certificate ..... 250 
 
 Affidavit ....... 251 
 
 examination of a feme covert, upon a commission . .251 
 
 Commissioner's certificate ..... 252 
 
 Affidavit ........ 252 
 
 examination of a person claiming an interest in the premises 253 
 
 CHAPTER XII. 
 
 exceptions. 
 
 Exceptions to answers ... . 254 
 
 of several defendants ...... 254 
 
 of a defendant to an amended bill . . , 255 
 
 several exceptions to a defendant's answer . 255 
 
 Exceptions to reports ..... 257 
 of Master relating to copartnership accounts . . .257 
 of Master on the ground of allowances made to defendants 258 
 of Master in favor of a title depending on the vahdity of a re- 
 covery •••-■- 259 
 
TABLE OF CONTENTS. xvii 
 
 Exceptions to eeports — continued. 
 
 general exception to a Master's certificate of insufficiency . 262 
 to a Master's report of insufiiciency after a second answer 263 
 to a Master's certificate of insufficiency, under an order of ref- 
 erence . . • . . . . . 264 
 
 CHAPTER XIII. 
 
 INTEEEOGATOEIES. 
 
 FOKMS OF TITLES, AND OF THE FIRST AND LAST GENERAL INTEE- 
 EOGATOEIES ...... 265 
 
 for examination of witnesses in chief, on the part of plaintiff 265 
 for examinations of witnesses in chief on the part of some of 
 
 several defendants ..... 265 
 
 for examination of witnesses on the part of the plaintiff pur- 
 suant to a decree . . . . . .266 
 
 for the examination of creditors and their witnesses, pursuant 
 
 to a decree ...... 266 
 
 in case of a contempt for signing a counsellor's name, &c. . 266 
 
 for examination of a person de 6ene esse . . . 266 
 for examination of a person ^ro interesse swo . . .267 
 for examination of a witness as to his interest in the matters in 
 
 issue . . . . . . . 267 
 
 to the credit of witnesses examined on the part of the defendant 267 
 
 FlEST GENERAL INTERROGATOEY .... 268 
 
 The CONCLUDING general interrogatory . . . 268 
 Forms of interrogatories for the examination of wit- 
 nesses IN CHIEF ... . 2.68 
 for the examination of an accountant . . . 292 
 Relating to partnership matters .... 326 
 Forms of, for the examination of parties, and also for 
 
 THE examination OF CREDITORS AND THEIR WIT- 
 NESSES, AND OTHERS . • . . . . 347 
 
 for the examination of the personal representatives of an ad- 
 ministrator as to his intestate's estate . . . 347 
 for the examination of an agent or steward . . . 348 
 for the examination of a defendant to prove the number and 
 
 age of her children, and when baptized . . 349 
 
 for the examination of creditors and their witnesses . . 350 
 
 for the examination of a person claiming to be a creditor, to 
 
 prove the consideration of a bond . . 352 
 
 b* 
 
XVIU TABLE OF CONTENTS. 
 
 Page 
 
 Forms op interrogatories^ &c. — continued. 
 
 as to tlie existence of a bond, and ivhat became of it . . 354 
 
 for the examination of executors before the Master . 355 
 
 and trustees . . • 358 
 
 anS heirs-at-law . . 359 
 
 before the Master . • 363 
 
 defendants, under decree . 365 
 for the examination of witnesses as to the testator's real estate, 
 
 and the title deeds belonging thereto . . . 367 
 
 as to what the property of a lunatic consists . • • 368 
 
 for the examination of mortgagees in possession . . 369 
 
 for the examination of the mortgagee of an estate in the West 
 
 Indies . . . . . • .370 
 
 the same ....... 373 
 
 relating to partnership matters . . . . 3 74 
 
 as to the sale of a ship, &c. . . . . 376 
 
 for the examination of a person pro interesse suo . . 377 
 
 Forms of interrogatories for the cross-examination of 
 
 witnesses . . . . . . 378 
 
 title of, for the cross-examination of a party examined pro in- 
 teresse suo ...... 384 
 
 for the examination of a witness, on the voir dire . 385 
 
 articles to discredit witnesses ..... 386 
 
 PART II. . 
 
 CHAPTER I. 
 
 DECREES AND DECRETAL ORDERS. 
 
 Original decree ... . . . , . a89 
 
 introductory part ... . . 389 
 
 ordering part. — USUAL DIRECTIONS. . 
 
 directions for reference to a Master . . 339 
 
 where account directed . . . . .390 
 
 in decree for account where the parties are to be examined as 
 
 witnesses ...... 390 
 
 for production limited . . . . . .390 
 
 liberty to state special circumstances . . . 39^ 
 
 separate report . . . . .391 
 
TABLE OF CONTENTS. xix 
 
 Page 
 
 Decrees and decretal orders, &c. — continued. 
 
 for sale of estates . . . . . . 391 
 
 for production limited . . . . . .391 
 
 to settle conveyance, &c. in case parties differ . . 392 
 
 for payment or transfer by party . . . 392 
 
 order for reference to Master to fix time, &o. . 392 
 
 for payment or transfer into court . . . .392 
 
 for payment out of court ..... 392 
 
 further directions ..... 392 
 
 reservation of interest '. . . . . 393 
 
 reservation of costs . . . . .393 
 
 for taxation and payment of costs, &c. . . . 393 
 
 liberty to apply ... . . 393 
 
 Decrees foe account generally . . . 393 
 for account ....... 393 
 
 for account, with special direction . . . . 394 
 
 for account, regard being bad to particular circumstances 394 
 
 with direction allowing stated account . . . 394 
 
 with liberty to surcharge and falsify stated accounts . .394 
 
 setting aside stated accounts, and directing general account 395 
 
 Decrees respectlng personal assets . . . 396 
 
 in creditor's suit . . . . .396 
 
 for sale of personal estate specifically bequeathed, &c. . 397 
 in suit by legatee ...... 397 
 
 direction for abatement ..... 398 
 
 inquiry as to the next of kin . . . .399 
 
 on bill by next of kin, with inquiry . . . 399 
 
 on bill by next of kin, subject to .inquiry . . 399 
 
 for establishing will . . . 400 
 where will admitted ...... 400 
 
 in suit by bond creditor where assets legal . . 400 
 
 where assets equitable .... 401 
 
 for foreclosure ..... 403 
 
 for enlarging time ...... 403 
 
 final order for foreclosure ... . 404 
 
 for redemption against mortgagee in possession . . 404 
 
 for foreclosure against mortgagor and second mortgagee 405 
 
 establishing lien on real estates . . 407 
 
 for foreclosure on bill by equitable mortgagee . . 408 
 
 for sale on bill by equitable mortgagee . . . 409 
 
 for redemption of goods pledged .... 409 
 
 Decrees for partition, and to settle boundaries . 411 
 
 for partition . . . ■ • • 411 
 
 for partition with reference to ascertain shares . 412 
 
 direction where shares in settlement . . ■ 412 
 
 commission of partition ... .412 
 
 Decrees for specific performance . ■ • 413 
 for reference of title ....•• 413 
 
XX TABLE OF CONTENTS. 
 
 Page 
 
 Decrees for" specific performance — continued. 
 
 further directions ...... 414 
 
 with an abatement . . . . • .415 
 
 of agreement for lease ..... 415 
 
 Decrees for settin© aside deeds .... 416 
 
 setting aside annuity for defect of the memorial . . 416 
 
 Decrees respecting partners . . . . .417 
 
 for an account of partnership dealings . . . 417 
 for account of assets of deceased partner . . .417 
 
 for administration of joint and separate estates . . 418 
 
 Decrees respecting sureties . . . . • 419 
 
 for contribution against surety and indemnity from principal 419 
 
 Decrees respecting executors and trustees . . 420 
 
 direction in decree where executors admit assets . . 420 
 
 where assets not admitted ..... 420 
 
 direction in decree against executors, charging them with in- 
 terest on balances ...... 421 
 
 for appointment of new trustees .... 421 
 
 against trustees for account of charity estates and inquiry as 
 
 to leases ....... 422 
 
 Decrees respecting femes covert .... 423 
 
 on consent of/eme covert — introductory part . . . 423 
 
 for taking the consent of a /erne coueri by commissioners . 423 
 
 for settlement on wife ...... 423 
 
 for dower in freehold and copyhold lands . . . 424 
 
 commission to assign and set out dower . . 424 
 
 Decrees respecting infants . • . 425 
 
 direction for day to show cause against decree . . 425 
 
 for parol to demur ...... 425 
 
 for marshalling assets where defendant an infant . . 426 
 
 for sale against infants ..... 426 
 
 for sale on bill by mortgagee against infant . . . 428 
 
 order for guardian and maintenance on petition . 428 
 
 for habeas corpus for bringing up children . . . 429 
 
 on liabeas corpus for delivery of children to father . 429 
 for habeas corpus for bringing up children on application of 
 
 father ....... 429 
 
 writ of habeas corpus in the above case . . 429 
 
 the return to the above .writ . . . . 430 
 
 order appointing guardian in the nature of receiver . 430 
 
 direction for reference whether father of ability . 431 
 
 order for liberty to take infants abroad . . 431 
 
 Decrees and orders respecting injunctions 432 
 
 extending common injunction to stay trial . 432 
 
 order nisi to dissolve injunction . . _ 432 
 
 to enlarge time for showing cause against dissolving injunction 433 
 
 continuing injunction till hearing, &c. . . . 433 
 
 to dissolve injunction made absolute, no cause being shewn 433 
 
TABLE OF CONTENTS. 
 
 XXI 
 
 Decrees and orders respecting injunctions — continued. 
 
 for dissolving injunction on merits .... 434 
 
 for dissolving injunction in default of reviving . . 434 
 
 direction in decree for continuing injunction . . 435 
 
 for perpetual injunction after verdict, in England . . 435 
 for special injunction against creditor to restrain proceedings 
 
 at law after decree, in England . . . 436 
 
 for injunction to stay waste ..... 436 
 
 for injunction to restrain equitable waste . . . 436 
 for injunction to restrain negotiation of note . . .487 
 for injunction to restrain transfer of stock by executrix, in 
 
 England ...... 437 
 
 for injunction against partner ..... 438 
 
 for injunction and receiver against executor and guardian 438 
 
 for injunction to restrain partial infringement of copyright- 439 
 
 for reference in suit for infringement of copyright . 439 
 
 for dissolving special injunction .... 439 
 
 for perpetual injunction to restrain infringement of copyright 440 
 for perpetual injunction to restrain infringement of patent, 
 
 and for payment of profits .... 440 
 
 for perpetual injunction against a judgment at law in part . 441 
 
 Decrees and orders respecting receivers . . 442 
 
 for receiver of real estate ..... 442 
 
 inquiry as to repairs . . . . . 442 
 for receiver where prior incumbrances . . .442 
 
 for receiver in case of partnership . . . 443 
 
 for manager and receiver of a colliery . . . 444 
 
 for receiver of property abroad .... 445 
 
 direction in decree for continuing receiver . . . 446 
 for passing accounts of deceased receiver, and appointment 
 
 of new receiver ..... 446 
 
 Decree, etc. on bill oe interpleader .... 447 
 
 order for injunction on bill of interpleader, in England . 447 
 
 decree on bill of interpleader, in England . . .447 
 
 Decrees for issue, case, etc. in England . . 448 
 
 for issue on modus ...... 448 
 
 direction for trial at bar in England . . . 449 
 
 for examination of parties . . . 449 
 
 for reading depositions . . . . 449 
 
 for indorsement on postea .... 450 
 
 issue devisavit vel non ..... 450 
 
 order for issue as to clause in will .... 450 
 
 decree on further directions in the same case . . ■451 
 
 order for new trial of issue . ■ . . . 451 
 
 decree on further directions, after trial of issue . . 452 
 on further directions after issue on bill by lord of a manor, 
 
 establishing his right to a fine .... 453 
 
 decree — case ...... 454 
 
xxu 
 
 TABLE OF CONTENTS. 
 
 Decrees for issue, case, etc. in England — continued. 
 
 order to amend case .... 
 
 decree directing action . . . ■ 
 
 retaining bill, with liberty to bring action 
 Decree for cause to stand over, etc. 
 
 for cause to stand over, with liberty to add parties 
 
 for cause to stand over, with liberty to supply proofs 
 Decree by default, etc. 
 
 by default ..... 
 
 order making decree absolute . 
 
 for taking bill pro confesso 
 Decrees bt consent .... 
 
 by consent ..... 
 
 for reference to arbitration 
 Decrees for dismission 
 
 for dismission ..... 
 
 for dismission as to part 
 
 for dismission, with liberty to bring action 
 Decrees on bllls of revivor and supplement, etc. 
 
 order for revivor .... 
 
 decree in supplemental suit to have the benefit of former de 
 cree ....... 
 
 Orders on eehbarings and appeals . 
 
 reversing decree ...... 
 
 for committal for breach of injunction 
 
 Page 
 
 455 
 455 
 456 
 456 
 456 
 457 
 457 
 457 
 458 
 458 
 459 
 459. 
 459 
 459 
 459 
 460 
 '460 
 460 
 460 
 
 461 
 461 
 461 
 461 
 
 CHAPTER II. 
 
 FORMS OF OEDEES AOC CEDING TO THE PKACTICE IN ENGLAND. 
 
 Order to amend an answer ..... 463 
 that bonds of submission to arbitration be made an order of 
 
 court ....... 463 
 
 directing that an agreement be made an order of court . 463 
 
 for payment of plaintiff's costs, &c. .... 464 
 
 for a sheriff's officer to attend with a suitor whom he had 
 
 arrested on his returning from court . . 466 
 for the discharge of a suitor who had been arrested on leaving 
 
 the court . . • . . . . . 466 
 that the plaintiff may make his election to proceed at law or 
 
 in equity ..... 457 
 for the separate examination oi femes covert . . .467 
 
 that defendant — a foreigner — answer in his own lano-ua''e 467 
 
TABJiE 01' CONTENTS. 
 
 XXlll 
 
 Forms of OB.v^B.a— continued. 
 
 that certain exhibits proved on a commission abroad be deliv- 
 ered to a notary-public to be translated, and that the 
 translation be read at the hearing of the cause 
 
 appointing an interpreter ..... 
 
 for an injunction enjoining defendant to deliver possession to 
 plaintiff ...... 
 
 to dissolve an injunction nisi ..... 
 
 made upon shewing cause against dissolving injunction 
 
 directing reference to a Master .... 
 
 for the appointment of a receiver . 
 
 made upon petition for the sale of an estate . 
 
 that service of a subpoena on defendant's attorney be deemed 
 a good service upon defendant 
 
 made on an infant's attaining majority 
 
 directing transfer of stock to trustees 
 
 for a Tvill to be delivered out of the Prerogative Court in 
 order to prove a commission . . ... 
 
 to compel a witness to attend to be examined 
 
 for liberty to exhibit interrogatories as to the credit of a wit- 
 ness ....... 
 
 Page 
 
 468 
 468 
 
 469 
 469 
 470 
 470 
 479 
 481 
 
 481 
 482 
 490 
 
 494 
 496 
 
 ' 497 
 
 CHAPTER III. 
 
 DECEEES AND DECEETAL OEDEKS ACCOEDING TO THE PEACTICB 
 
 IN ENGLAND. 
 
 Decree opening stated accounts .... 
 
 for payment of arrears of an annuity . 
 
 by consent directing a reference to arbitration 
 
 minutes of, directing reference to arbitration . 
 
 for establishing a charity .... 
 
 directing appointment of new trustees 
 
 on a bill against an executrix 
 
 directing delivery of deeds, &c. 
 
 for dower out of freehold and copyhold lands 
 
 for foreclosure . . . . • 
 
 minutes of, by consent, &c. 
 
 directing the execution of several leases 
 
 declaring the legitimacy of the plaintiff, as the eldest son of 
 his father .•...- 
 
 for the sale of an estate and payment of mortgagees and judg- 
 ment creditors .... 
 
 where defendant makes default,— form of, nisi 
 
 498 
 498 
 499 
 501 
 501 
 502 
 502 
 503 
 504 
 505 
 506 
 507 
 
 514 
 
 517 
 518 
 
523 
 
 XXIV TABLE OF CONTENTS. 
 
 Decrees axd decretal orders — continued. 
 
 for pai'tition, minutes of . . • • .519 
 
 for a partition of an advowson in moieties, minutes of . 519 
 
 for liberty to apply to the Court of King's Bench for payment 
 to the plaintiff and defendants of money in the hands of a 
 
 Master 520 
 
 direction to a Master to appoint a receiver . • 520 
 
 minutes of an order directing a consignee to transmit his ac- 
 counts half-yearly, &c. . . . . • • 521 
 
 minutes of an order directing the appointment of persons to 
 
 manage an infant's estate .... 522 
 
 upon a petition for redemption of a mortgage, under the Stat. 
 
 Geo. 2, 0. 20 . 
 
 directing an action of trover .... 525 
 
 minutes of, directing a trial at law in ejectment . ■ 526 
 
 the same, to ascertain whether and when a person became a 
 
 bankrupt . . , . . . . 526 
 
 directing a trial upon certain issues . . .527 
 
 directing a trial at bar in Court of King's Bench . . 527 
 
 directing issues to be taken pro con/esso . . . 528 
 
 directing plaintiff's bill to be retained for a limited period, 
 
 minutes of ..... . 528 
 
 declaring an account to have been forged . . .528 
 
 by the Lord Chancellor reversing an order of dismission made 
 
 by the Master of the Rolls .... 529 
 
 overruling exceptions to Master's report . . . 530 
 
 for an account of a testator's personal estate and the annuities 
 
 given by his will ..... 533 
 
 establishing a will with several codicils thereto, and directing 
 
 trusts to be carried into execution . . .537 
 
 establishing a will of real estate, &c. . . . 540 
 
 for an account of a testator's personal estate and for the ap- 
 pointment of a receiver ..... 541 
 
 for further directions, directing Master to compute interest, &c. 543 
 directing a reference to a Master to inquire into a testator's 
 
 personal estate ..... 545 
 
 on further directions in the original cause, and on the hearing 
 
 of the supplemental suit ..... 545 
 
EQUITY PRECEDENTS. 
 
 PART I. 
 
 PLEADINGS. 
 
EQUITY PEECEDENTS. 
 
 CHAPTER I. 
 
 FORMS OF THE VARIOUS PARTS OF AN ORIGINAL BILL. 
 I. THE DIRECTION OR ADDRESS, (a) 
 
 In a State Court. 
 1. To the Honorable A. B., Chancellor of the State of New Yoi-k. CH. I. 
 
 2. To the Honorable the Justices of the Supreme Judicial Court 
 next to be holden [or now sitting] at Boston, within and for the 
 County of Suifolk and Commonwealth of Massachusetts, sitting in 
 Equity. 
 
 In the Circuit Court of the United States. 
 
 3. To the Honorable the Judges of the Circuit Court of tiie 
 United States, within and for the District of South Carolina, sitting 
 in Equity. 
 
 (o) story's Equity Pleadings, § 26. 
 
! EQUITY PRECEDENTS. 
 
 CH. I. 
 
 II, THE INTRODUCTION, (a) 
 
 In a State Court. 
 
 In suits by 4. Humbly complaining sheweth unto your honor [or honors, as 
 
 Ful7age,not the case may be] your orator A. B. of , in the County of- 
 
 married ^^^ gt^te for Commonwealth] of ■ , Merchant, [or, Esquire, or 
 
 woman, idi- *- -^ 
 
 ots, or luna- Yeoman.] 
 ties. 
 
 5. Humbly complaining sheweth unto your honors your oratrix 
 
 C. D. of , in the County of and State of , 
 
 "Widow, (or Single woman.) 
 
 By wife, 6. Humbly complaining sheweth unto your honors your oratrix 
 
 husband' U A. B. of , in the County of , wife of C. B. of the same 
 
 defendant, place, Yeoman, by G. H. her father (or brother) and next friend. 
 
 spect of her 
 
 separate 
 
 property. 
 
 (b) . . 
 
 By wife 7. Humbly complaining shew unto your honors your orator and 
 
 husb^and'^ls oratrix A. B. of , Yeoman, and C. D., his wife. 
 
 co-plaintiif. 
 (c) 
 
 By wife 8. Humbly complaining sheweth unto your honors your oratrix 
 
 whose hus- ^_ B. of , the wife of C. B., late of the same place, Yeoman, 
 
 band IS ban- -"•-"■■-" > ' ,. ■<■ a 
 
 ished or is who hath by due course of law been banished from this btate, or 
 
 emy.'^Sf " these United States (or is an alien enemy.) 
 
 By an in- 9. Humbly complaining sheweth unto your honors your orator, 
 
 A. B. of , an infant under the age of twenty-one years, to wit, 
 
 of the age of six years, or thereabouts, and son of E. B. of the same 
 place. Gentleman, by the said E. B., his father and next friend ; (or 
 
 son of E. B., late of aforesaid. Gentleman, deceased, by C. D., 
 
 his next friend.) 
 
 By an idiot 10. Humbly complaining shew unto your honors your orators 
 
 by his com- A. B. of , and C. D. of , against whom a commission 
 
 mittee. (/) of luuacy has been lately awarded and issued,' and is now in force. 
 
 (a) Story's Eq. PI. § 26. (b) Eq. PI. § 62, 63. (c) Eq. PI. § 63. 
 
 (d) Eq. PI. § 61. (e) Eq. PI. § b"!, 58, 59. 
 
 (/) Eq. PI. § 64, 65, 66. As to making the idiot a party with his committee, \ 64, 
 note 2. 
 
THE INTRODUCTION. 3 
 
 and under which commission the said C. D. was duly found and CH. I. 
 declared to be a lunatic, and your orator A. B. appointed Committee 
 of his estates. 
 
 11. Humbly complaining shew unto your honors A. B. of , By an idiot 
 
 and C. D. of , who was lately adjudged an idiot (or lunatic, or byhis^^Ir" 
 
 incapable of taking care of himself, as the case may be) by the ^^^'^- (") 
 
 Court of , and your orator A. B. appointed guardian of his 
 
 person and estate (or of his estate, as the case may be.) 
 
 By a person 
 
 12. Humbly complaining sheweth unto your honors your orator of acting 
 
 A. B. of , Yeoman, being deaf and dumb, by C. D. of , bu^n^r'*"' 
 
 Yeoman, his next friend. strictly an 
 
 idiot or lu- 
 natic, (i) 
 
 13. Humbly complaining shew unto your honors your orators the By a Cor- 
 
 President, Directors, and Company of the JBank of , a Corpora- P'"'^"""- 
 
 tion duly established by law of the State (or Commonwealth) of . 
 
 14. Informing, sheweth unto your honors A. B. of , Esquire, BytheGov- 
 
 Attomcy-General of the State (or Commonwealth) of , on ®'^'™™'-^'') 
 
 behalf of the said State (or Commonwealth.) \ '^°5« 
 
 ^ ^ who par- 
 
 take of the 
 
 15. Informing, sheweth unto your honors A. B. of —, Esquire, or^ arl^ul- 
 
 Attorney-General of the State of , on behalf of the said State derthepro- 
 
 . tection of 
 
 and the Irustees of College. the govern- 
 
 ment, {d) 
 
 1 6. Informing, sheweth unto your honors A. B. of , Esquire, Where the 
 
 Attorney- General of the State of , at and by the relation o/not'concem 
 
 C. D. and E. F. of , Deacons of the First Congreffational '¥,^ "S^*^^ 
 
 /-ll. 1 1 CI • • r- Ob of the gov- 
 
 Cnurch and Society m , for and on behalf of themselves and eminent or 
 
 the rest of the members of the said Church and Society. ^.jjo par- 
 
 take of its 
 
 17. Informing, sheweth unto your honors A. B. of , Esquire, tive, at the 
 
 Attorney- General of the State of , at and by the relation of f^J?*^™ °^ 
 
 ■' ^ 30X116 pcf'" 
 
 C. D. and E. F. of , Deacons of the First Congregational son not par- 
 Church and Society in , and humbly complaining shew unto interested. 
 
 your Honors the said C. D. and E. F., Deacons of the First Congre- '^^ 
 gational Church and Society in where the 
 
 relator is 
 
 ' . interested. 
 
 (/) 
 
 (a) Story's Eq. PI. \ 64, 65. {b) Eq. PI. § 66. (c) Eq. PI. ^ 8. 
 
 (d) Eq. PL § 8. 
 
 (e) Eq. PI. § 8. As to whether a relator is necessary. Ibid. 
 
 (/) Eq. PI. § 8. The relator need not be the person principally interested. Attor- 
 ney-General V. Bucknall, 2 Atk. 528; Mad. Ch. 11. p. 148. 
 
4 EQUITY PRECEDENTS. 
 
 CH. I. 
 
 In the Circuit Court of the United States. 
 
 Bv a citizen 18. To the Judges of the Circuit Court of the United States for 
 a^fasfa'^ the District of , A. B'; of , and a citizen of the State 
 
 citizen of ^f :_ brings this his bill against C. D. of , and a citizen 
 
 anotlier. (o) '6 f , . , 
 
 of the State of ; And thereupon your orator complains and 
 
 says, &c. 
 
 Note. In like manner, varying all the above forms, the proper averments of citi- 
 zenship of the parties must be inserted, where the suit is brought in the Circuit 
 Courts* of the United States. 
 
 III. THE STATING PAET. (5) 
 
 Conclusion 19. Conclusion of the stating part (after narrating the facts of the 
 ing part, plaintiff's title, or ground of his complaint.) 
 
 And your orator well hoped that no disputes would have arisen, 
 touching the said, &c. &c., (stating the subject-matter,) but that the 
 said defendant would have complied with the reasonable request of 
 your orator, as in conscience and equity he ought to have done. 
 
 IV. THE CONFEDEKATIN& PAKT. (c) 
 
 Charge of ' 20. But now so it is, may it please your honors, that the said A. B. 
 general combining and confederating with divers persons (or if there are 
 confedera- several defendants, then thus : combining and confederating with 
 C. D. and E. F. and with divers other persons, or, the said E. H., 
 L. M., and N. M. combining and confederating together and with 
 divers persons) at present unknown to your orator, whose names wheij 
 discovered your orator prays he may be at liberty to insert herein 
 
 (a) Eule XX. of the Rules of Equity Practice in the Courts of the United States. 
 
 (J) The office of the stating part is described in Eq. PI. § 27. In the Circuit 
 Courts of the United States, this part may include, by way of statement and counter- 
 statement, what is supposed to be the defendant's case, and the case of the plaintiff 
 to meet it. See Eq. Rules of Circuit Courts, Eule XX. 
 
 (c) As to the office of this part, and whether it is necessary, see Eq. Pi. § 29, 30. 
 In the Circuit Courts of the United States the common charge of confederacy may be 
 omitted, at the option of the plaintiff. Eule XXI. of Eq. Rules for U. S. Courts. 
 In the Supreme Judicial Court«of Massachusetts it is directed to be omitted, except 
 where it is intended to charge fraud and combination specifically. Rule IV. of the 
 Rules for the Regulation of Eq. Practice in Massachusetts; 
 
THE INTEREOGATING PART. 
 
 with apt words to charge them as parties defendants hereto, and con- CH. I. 
 triving, how to wrong and injure your orator in the premises, he the 
 said A. B. absolutely refuses to comply with such request, and he at 
 times pretends that (here follows the statement of the defendant's 
 supposed ground, on which he avoids the plaintiff's claim, and this 
 should he matter disproved or traversed in the charging part of the 
 bill.) 
 
 "V. THE CHARGING PART, (a) 
 
 21. That the said defendant sometimes alleges and pretends (stat- Pretences 
 ing the supposed ground of the defendant) and at other times he ant, and de- 
 alleges and pretends, &c., whereas your orator charges the contrary "'^'^ there- 
 thereof to be the truth, and that (stating the special matter w,ith which 
 the plaintiff meets the defendant's supposed case.) 
 
 VI. THE JURISDICTION CLAUSE, (b) 
 
 22. All which actings, doings, and pretences of the said defendant That the 
 (or defendants) are contrary to equity and good conscience and tend fendant are 
 to the manifest wrong, mjury, and oppression of your orator in the^™!™'^^^*" 
 premises. In consideration whereof, and forasmuch as your orator that plain- 
 is entirely remediless in the premises according to the strict rules of Jdiiess at 
 the Common Law, and can only have relief in a Court of Equity 1*^- 
 where matters of this nature are properly cognizable and relievable : 
 To the end therefore, &c. 
 
 VII. THE INTERROGATING PART, (c) 
 
 1. In General. 
 
 23. To the end, therefore, that the said A. B. and the rest of the General in- 
 confederates when discovered, may, upon their several and respective of defend- 
 corporal oaths, full, true, direct, and perfect answer make, to all and ant. 
 singular the matters herein before stated and charged (or, to all and 
 
 % 
 (a) As to the office of this part, see Ecl- PI. § 31. As to the omission of this m the 
 Circuit Courts of the United States and the substitution, see Rule XX. Eq. Eules of ' 
 the U. S. Courts. 
 
 (5) This clause may be omitted in Bills in the Circuit Courts Of the United States. 
 See Rule XX. Eq. Eules of U. S. Courts. 
 * (c) Eq. PI. § 35, 36, 37, 38. 
 1* 
 
6 EQUITY PRECEDENTS. , 
 
 CH. I. singular the premises, or, to all and singular the charges and matters 
 aforesaid) as fully and particularly as if the same were hereinafter 
 repeated, and they thereunto distinctly interrogated (or, as fidly in 
 every respect as if the same were here again repeated, and they there- 
 unto particularly interrogated) : and that not only as to the best of 
 their respective knowledge and remembrance, but also as to the best 
 of their several and respective information, hearsay, and belief (or, 
 Special in- according to the best of their respective knowledge, information, and 
 of ™?fend- ielief) ; and more especially, that they may answer and set forth 
 ''"'• whether &c. (here follow the interrogatories to be answered by the 
 
 defendant.) 
 
 2. In the Circuit Courts of the United States, (a) 
 
 Specialin- 24. To the end, therefore, that the said defendants may, if they 
 in the Cir- can, show why your orator should not have the relief hereby prayed, 
 T'\h°"u^ and may, upon their several and respective corporal oaths, and accord- 
 States, ing to the best and utmost of their several and respective knowledge, 
 remembrance, information, and belief, full, true, direct, and perfect 
 answer make to such of the several interrogatories hereinafter num- 
 bered and set forth, as by the note hereunder written they are respec- 
 tively' required to answer, that is to say — 
 « 1. Whether, &c. 
 2. Whether, &c. 
 
 VIII. THE PRATER FOR RELIEF, (b) 
 
 Special re 25. (After the interrogating part) and that the said defendant may 
 come to a fair and just account, &c. (stating the particular relief 
 asked) and that your orator may have such further and other relief 
 in the premises, as the nature of his case shall require, and to your 
 
 General re- honors shall seem meet ; (or, that your orator may be further and 
 otherwise relieved in the premises according to equity and good con- 
 science.) 
 
 IX. t:he prater for Process, (c) 
 When 'the Bill is for Discovery and Relief. 
 Prayer for 26. May it please your honorg to grant unto vtur orator the 
 
 siiop(£na, . . „ ■ "^ 
 
 most gracious writ of subpoena * of the State of , (or 6f the 
 
 (a) Eule XL. of the Eq. Rules for U. S. Courts. 
 
 (fi) Eq. PI. § 40, 43. ' jc) Eq. PI. ^ 44, 45. 
 
, THE PRAYBK FOR PROCESS. 
 
 United States of America,) to be directed to the said A. B. and the CH. I. 
 rest of the confederates when discovered, (a) thereby commanding 
 them and every of them at a certain day and under a certain pain 
 therein to be specified (or, therein to he inserted,) personally to be and 
 appear before your honors in this Honorable Court and then and there 
 to answer all and singular the premises, and to stand to, perform, and 
 abide such order and decree therein, as to your honors shall seem 
 meet, (or, shall seem agreeable to equity and good conscience) and 
 your orator shall ever pray. 
 
 27. Wlien the Sill is for discovery only, same as the above, but ter- 
 minating with the clause " to answer all and singular the "premises.'' 
 
 Where the Attorney- General or other Officer of the Govern- 
 ment is Defendant, as such, (b) 
 
 28. May it please your honors that the Hon. A. B., the Attorney- ^^^'^^ °° 
 
 General of .the State of , being attended with a copy of this ney-Gen- 
 
 bill, may appear and put in his answer thereto, and may stand to and <"^^'- 
 abide such order, direction, and decree in the premises as to your 
 honors m9,y seem meet, and your orator shall ever pray. 
 
 Where an Injimction is prayed for to restrain Proceedings at 
 
 Law. (c) 
 
 29. May it please your honors to grant to your orator not only Prayer for 
 the most gracious writ or writs of injunction of the State of , {? "restrain 
 
 issuing out of and under the seal of this Honorable Court, to be proceed- 
 
 ^ . , . /. T 1 iDgs at law. 
 
 directed to the said A. B.* to restram him from proceedmg at law 
 
 against your orator touching any of the matters in question, but also 
 
 the most gracious writ or writs of subpoena of the said State of 
 
 , (or, of the United States of America,) to be directed to the 
 
 said A. B. (as in the precedent, No. 26, p. 6.) 
 
 Where an Injimction is prayed for to stay Waste. 
 
 30. (As in the last precedent to the asterisk) to restrain him, his 
 servants, workmen, and agents from committing waste, spoil, or de- 
 
 (a) See XXIII. of the Eq. Rules for U. S. Courts. (b) Eq. PI. § 44, note 2. 
 
 (c) Eq. PI. § 41, 42. 
 
I EQUITY PRECEDENTS. 
 
 CH. I. stniction, in the mansion or other houses upon the estates in ques- 
 tion : and from cutting down timber or other trees, growing upon the 
 said estates, which are planted or growing there for the protection of 
 the several mansion-houses belonging to the said estates, or for the 
 ornament of the said houses : or which grow in lanes, walks, or vistas, 
 or otherwise, for the ornament of the said houses, or of the gardens, 
 parks, or pleasure-grounds thereunto belonging ; and also to restrain 
 him, his servants, workmen, and agents from cutting down any timber 
 or other trees, except at seasonable times, and in a husband-like man- 
 ner ; and likewise from cutting saplings and young trees, not fit to be 
 cut, as and for the purposes of timber, except in the spring woods, and 
 from cutting- anything in the spring woods except in a husband-like 
 manner, until hearing or further order ; but also the most gracious 
 
 writ or writs of subpoena of the State of , (or, of the United 
 
 States of America,) to be directed to the said A. B. (as in the prece- 
 dent, M. 2%, p. 6.) 
 
 Where a Writ of Ne exeat Regno is prayed for. {a) 
 
 Prayer for 31. May it please your honors, the premises considered, to grant 
 exeat regno, unto your orator, not only the most gracious writ 01 ne exeat regno 
 
 of the State of , issuing out of, and under the seal of this 
 
 Honorable Court, to restrain the said defendant C. D. from departing 
 out of the jurisdiction of this Court : but also the most gracious writ 
 of subpoena (as in the precedent ante, No. 26, p. 6, from the asterisk.) 
 
 WJiere a Writ of Certiorari is prayed for. 
 
 Prayer for 32. May it please your honors, therefore, to grant unto your orator 
 certim-aii. a writ of certiorari, to be directed to the Justices of the said Court 
 
 of , thereby commanding them upon the receipt of the said 
 
 writ, to certify and remove the said biU and all proceedings thereon 
 into this Honorable Court ; and to stand to and abide such order and 
 direction as to your honors shall seem meet, and the circumstances of 
 the case require, and your orator shall ever pray ; &c. 
 
 (a) Eq. PI, § 41, 43. 
 
( 9) 
 
 CHAPTER II. 
 
 ORIGINAL BILLS PRAYING BELIEF. 
 
 I. 
 
 Bills for specific Performance of Agreements, [a) 
 
 I. Bill by a vendor against a purchaser, for the specific performance of a CH. II. 
 written agreement for the purchase of an estate, the title only being in '■ 
 
 dispute. 
 
 To, &c.,(See forms Nos. 1, 2, 3, p. 1.) 
 
 Humbly complaining shewetli unto your honors your orator, J. C. 
 of, &c. Esq., That your orator being seised or well entitled in fee 
 simple of or to a certain messuage or dwelling-house with the appur- 
 tenances situate at , and hereinafter described, and being 
 
 desirous of selling such premises, and D. E. of , being minded 
 
 to purchase the same, your orator and the said D. E., on or about 
 
 the ' — day of , entered into and signed a memorandum The agree- 
 
 or agreement respecting the said sale and purchase in the words fol- purchase. 
 lowing, that is to say : [stating the agreement verbatim.^ As by the 
 said memorandum of agreement, to which your orator craves leave to 
 refer, when produced will appear. And your orator further sheweth 
 that the said D. E. paid to your orator the sum of $1500, part of the 
 said purchase-money at the time of signing the said agreement, and 
 your orator delivered an abstract of his title to the said premises to Delivery of 
 the said D. E. ; and your orator hath always been ready and willing abstract. 
 to perform his part of the said agreement, and being paid the remain- 
 der of his said purchase-money with interest, to convey the said mes- 
 suage to the use of the said D. E. and his heirs, and to let him into 
 possession and receipt of the rents and profits thereof from the time 
 in the said agreement in that behalf mentioned ; and your orator 
 hoped that the said D. E. would have performed the said agreement 
 on his part as in justice and equity he ought to have done. But now 
 so it is, may it please your honors, that the said D. E. alleges that he 
 is and always hath been ready and willing to perform the said agree- 
 
 (a) Eq. Plead. § 160, 172-177. 
 
10 EQUITY PRECEDENTS. 
 
 CH. U. ment on his part in case your orator could have made or can make 
 Defendant him. a good and marketeble title to the said messuage and premises. 
 a"?<fd ml ^^^ t*^^' y"""" orator is not able to make a good title thereto : whereas 
 cannot be your orator charges that he can make a good title to the said messuage 
 ""^^^' and premises. To the end, therefore, that the said D. E. may upon 
 his oath true answer make to the matters aforesaid, and more particu- 
 larly that he may answer and set forth in manner aforesaid, whether, 
 &c. [^Interrogating to the stating and charging parts.] 
 Prayer for And that the said D. E. may be compelled by the decree of this 
 perform- Honorable Court specifically to perform the said agreement with your 
 
 ance, anS orator, and to pay to your orator the remainder of the said purchase- 
 tor pay- ' r J J , . , - 1 i 
 ment of the money with Jnterest for the same from the time the said purchase- 
 
 oHhrpHr- money ought to have been paid, your orator being willing and hereby 
 
 ehase-mon- offering: specifically to perform the said agreement on his part, and 
 
 ev ivith in- , ° '^ .,,•'. f . . ,^ t ■ . \ , 
 
 terest. On being paid the said remaining purchase-money and interest to 
 execute a proper conveyance of the said messuage and premises to 
 the said D. E. and to let him into possession of the rents *d profits 
 
 thereof from the said day of And that your orator 
 
 may have such further or other relief in the premises as to your hon- 
 ors shall seem meet and this case may require. May it please, &c 
 {Prayer for a subpoena as inform No. 26, p. 6.) 
 
 n. Bill by a vendor for the specific performance of a written agreement for 
 purchase of an estate, entered into with his agent. 
 
 To, &c. (See forms Nos. 1, 2, 3, p. 1.) 
 
 Statement Humbly complaining sheweth unto your honors your orator E. 0. 
 o seism. ^£^ ^^ ^ Esq., That your orator now is, and for sometime before the 
 
 year , was seised or entitled in fee simple of or to the freehold 
 
 messuages or tenements with the lands and other appurtenances 
 thereto belonging, situate in, &c. hereinafter described, and your 
 orator being so seised or entitled and being desirous to sell the same, 
 
 did sometime before the day of , in the year , 
 
 employ and empower J. K. of, &c., gentleman, to agree on behalf of 
 your orator with any person or persons at and for such price or prices 
 as he should think fit, and accordingly the said J. K. treated with 
 J. M. of S. in the said county of S. gentleman, (the defendant here- 
 inafter named) for the sale of such messuages, tenements, and heredit- 
 Agreement aments unto him the said J. M., and at length they came to an agree- 
 chase"en- m^nt for said purchase, and thereupon articles of agreement in writing 
 
 tared into, bearing date the day of , and made between the said 
 
 tiffs agent. J- K-, on behalf of your orator of the one part and the said J. M. of 
 
OKIGINAL BILLS PRAYING RELIEF. 11 
 
 the other part, were duly executed by the said J. K. and J. M., CH, II. 
 
 whereby the said J. K., in consideration of the sum of $ , to 
 
 be paid as therein and hereinafter mentioned, agreed that your orator 
 
 or his heirs should or would on or before the day of 
 
 then next, to the satisfaction of the said J. M. or of his heirs, and of 
 his or their counsel, make out a good title to the premises hereinafter 
 mentioned, and by good and sufficient conveyances, surrenders, and 
 assurances in the law, with reasonable covenants, such as the counsel 
 of the said J. M. should advise, convey, and assure, or cause to be 
 conveyed and assured unto the said J. M. and his heirs, as he or they 
 should appoint, free from all incumbrances, (except, &c.) and partic- 
 ularly a good estate of inheritance of in and to all that messuage, &c. 
 (describing the premises) and in consideration thereof the said J. M. 
 did thereby covenant and agree with the said J. K. that he the said 
 J. M. would pay or cause to be paid to your orator, his heirs, execu- 
 tors, or administrators, the said suin of $ , immediately upon 
 
 the executing such conveyance as aforesaid ; and it was thereby mutu- 
 ally agreed that your orator or his heirs should be at the expense of 
 making a good title to the said premises, and that the said J. M. should 
 be at the expense of the conveyances and assurances to be made 
 thereof to him as aforesaid, and that the said J. M. should have the 
 
 . rents and profits of the said premises from the said of , 
 
 provided the purchase of the said premises should be completed on 
 or before that day, but not otherwise. As in and by the said articles 
 of agreement, to which your orator craves leave to refer, when pro- 
 duced reference being thereto had will more fully appear. And your Delivery of 
 orator further sheweth unto your honors, that in consequence of the 
 said articles of agreement, and in order to the performance thereof 
 on the part of your orator, who hath been ever since willing to pur- 
 form the same, an abstract of the title to 'the said estate was on your 
 orator's behalf shortly after thp date of the said articles of agreement 
 sent unto the attorney concerned for the said J. M. for his perusal, 
 together with all and most of the deeds mentioned in such abstract, 
 for the inspection of such attorney or of the counsel of the said 
 J. M., and several objections having been from time to time made to 
 your orator's title to the said estate by the counsel or conveyancer 
 before whom such abstract was laid, by or on behalf of the said 
 J. M., all such objections were long since answered or cleared up to 
 the satisfaction of such counsel or conveyancer, who long since by The title 
 writing under his hand or otherwise approved of your said orator's by defeud- 
 title to the said messuages and premises, wherefore the said J. M. ™''^ ''°™" 
 
 ought long since to have paid to your orator the sum of § ^ — on 
 
 havino- a proper conveyance of the said messuages and premises 
 according to the said articles of agreement and upon having posses- 
 
12 EQUITY PRECEDENTS. 
 
 CS. II. sion of the said messuages and' premises delivered unto him. And 
 your orator hath at several times since your orator's title to the said 
 messuages and premises was so approved in and by letters and by 
 
 jiQ^PP''""" your orator's agent in a friendly manner, applied unto the said J. M. 
 and informed him of your orator's readiness to make and execute a 
 proper conveyance of the said messuages and premises on payment 
 
 of the said sum of $ , and therefore requested the said J. M. 
 
 to pay unto your orator the said sum of $ , and your orator 
 
 well hoped that such his request would have been complied with. 
 
 But now so it is, may it please your honors, that the said J. M. 
 combining and confederating with divers persons, &c. (see form No. 
 
 thS^te^'^^ 20, p. 4.) And the said J. M. sometimes pretends that he did not 
 
 fendant did execute any such or the like articles of agreement as aforesaid, or • 
 
 not execute ,i , , i • i , 
 
 the articles ^^^^^ your orator cannot make out a good title -to the messuages or 
 
 menf^ or tenements,, lands and hereditaments, or not to all the parts thereof, or 
 that plain- that your orator hath not made out such title to the satisfaction of 
 make out a ^™ ^'^ ^'^ counsel or conveyancer. Whereas your orator charges the 
 good title, contrary of all such pretences to be true, but nevertheless under such 
 contrary. ^ ^P^ ^^^ ''^® pretences as aforesaid or some other equally unjust the 
 said J. M. refuses to perform the said articles of agreement on his 
 part. All which actings, &c. (see form No. 22, p. 5, interrogating to 
 the stating and charging parts.) And that the said articles of agree- 
 ment dated the day of may be specifically performed' 
 
 and carried into execution by the said J. M. your orator hereby oflfer- 
 ing to perform the same on his part, and that the said J. M. may pay 
 
 unto your orator the said sum of $ , your orator offering 
 
 thereon to convey the said messuages, tenements, lands, and heredit- 
 aments unto the said J. M. And that your orator may have such 
 further or other relief in the premises as to your honors shall seem 
 just and proper. May it please, &c. (see form No. 26, p. 6.) 
 Pray subpoend against J. M. 
 
 III. Bill by a purchaser against vendor for a specific performance of a con- 
 tract for sale of an estate— charging that the purchase-money has remained 
 unproductive in the plaintiflf's hands. The estate had been previously 
 put up to sale by public auction and bought in, and the description in the 
 agreement referred to the particulars of sale. (The Interrogatories are 
 inserted.) * 
 
 Statement To, .&C. 
 that the de- 
 
 was\"eUed ^"^^^7 complaining sheweth unto your honors your orator H. A. 
 in fee. of, &c. Esq., That S. B. &c. Esq. being or pretending to be seised 
 
ORIGINAL BILLS PRAYING RELIEF. 13 
 
 and possessed of or otherwise well entitled unto a certain parcel of CH. II. 
 
 land and the appurtenances thereunto adjoining or belonging, situate 
 
 at, &c. and hereinafter mentioned and the inheritance in fee simple That the 
 
 thereof, did on or about the day of cause all the said put* up^to 
 
 premises to be put up to sale by public auction by M. W. auctioneer, ^'''''■ 
 
 at in three lots pursuant to printed particulars and conditions 
 
 of sale previously advertised and published. And your orator further That the 
 sheweth that the said premises were bought in by the said S. B. at bought hT 
 the time of the said sale', and that in or about the month of April then 
 next ensuing your orator entered into a treaty with the said S. B. for Treaty for 
 the absolute purchase of the same estate and premises together with the b^^prTvate 
 timber and other trees, fixtures, and other effects in or about the same, o""'™"'- 
 discharged from all incumbrances at or for the price or sum of 
 $2900. And your orator further sheweth unto your honors that the 
 said S. B. agreed to accept the said sum of $2900 as the consider- Agreement 
 ation for the said estate and premises, and thereupon an agreement to. 
 in writing was entered into and signed -by your orator and the said 
 S. B. respecting such sale and purchase in the words and figures or 
 to the purport and effect following, that is to say {stating the agree- 
 ment verbatim.) As by the said agreement, to which your orator 
 craves leave to refer, when the same shall be produced will appear. 
 And your orator further sheweth, that previously to the signing of 
 the said agreement your orator paid unto the said S. B. the sum of Piiy™™tof 
 $500 as a deposit and in part of his said purchase-money or sum of 
 $2900 ; and the said S. B. hath since delivered up possession of the Possession 
 said purchased premises to your orator. And your orator further plaintiff, 
 sheweth unto your honors, that he hath always been ready and willing 
 to perform his part of the said agreement, and on having a good and 
 marketable title shown to the said estate and premises and a convey- 
 ance of the fee simple thereof discharged of all incumbrances made 
 to him, to pay the residue of the said purchase-money or sum of 
 $2900 to the said S. B. And your orator hoped that the said S. B. 
 would have specifically performed his part of said agreement as in 
 justice and equity he ought. But now so it is, &c. {See form No. 20, 
 ». 4,) the said S. B. refuses to perform his part of the said agree- Pretence 
 
 r ^1 . that vendor 
 
 ment, and to color such refusal he gives out and pretends that he is is unable to 
 unable to make out a good and marketable title to the said estate marketable 
 and premises, and that he is willing to cancel the said contract or 'i"e. 
 agreement* and to repay the said deposit or sum of $500 to your 
 orator. Whereas your orator charges that the said S. B. is able to Charfje the 
 make out a good and marketable title to the said estate and premises 
 if he thinks proper so to do, but that the said S. B. refuses and 
 declines to make out a good and marketable title to the said estate and 
 premises, notwithstanding your orator hath required him so to do and 
 2 
 
14 EQUITY PRECEDENTS. 
 
 CH. II. offered to pay him the residue of the purchase-money upon having the 
 
 title made out and a proper conveyance of the said premises executed 
 
 And that to your orator his heirs and assigns by the said S. B. And your orator 
 
 of^the'pur- charges, tliat the whole of the residue of his purchase-money of the 
 
 ohase-mon- premises hath been ready and unproductive in his hands for com- 
 
 ey has re- . . ■ •' . 
 
 mained mi- pletmg the said purchase from the time it ought to have been com- 
 
 productive. pigted by the terms of the said agreement. All which actings, 
 
 refusals, and pretences, &c. &c. {See form No. 22, p. 5,) and more 
 
 especially, that the said S. B. may in manner aforesaid answer and 
 
 set forth. 
 
 Inten-oga- Whether he was not seised and possessed of or otherwise well 
 tones. T ■ ■ 
 
 entitled unto the said estafe with the appurtenances thereto adjoining 
 
 or belonging and the inheritance in fee simple thereof: And whether, 
 being so seised and entitled as aforesaid, he did not at the time herein- 
 before in that behalf mentioned, or at some other, and what time, 
 cause all the said estate and hereditaments to be put up to sale by 
 
 public auction, by the said Mr. W. at , in three lots, pursuant 
 
 to printed particulars and conditions of sale previously advertised and 
 published thereof : And whether the said premises were not bought 
 in by him the said defendant at the time of the said sale, or how 
 otherwise ; And whether your orator did not in or about the said 
 month of April, or when else, enter into a treaty with the said defend- 
 ant for the absolute purchase of the same estate and premises together 
 with the timber and other trees, fixtures, and other effects in .and about 
 the same, discharged from all incumbrances, at or for the price or 
 sum of $2900, or at some other and what price ; And whether the 
 said defendant did not agree to accept the said sum of $2900 as the 
 consideration for the said estate and premises ; And whether there- 
 upon such agreement in writing of such date, or of or to such pur- 
 port and effect as hereinbefore in that behalf mentioned, was not duly ' 
 entered into and signed by the respective solicitors for your orator 
 and the said defendant in the name and on the behalf of your orator 
 and the said defendant, or how otherwise ; And whether your orator 
 did not previously to the signing of the said agreement pay the said 
 defendant the sum of $500 as a deposit and in part of his said pur- 
 chase money or sum of $2900 ; And whether the said defendant hath 
 not since delivered up possession of the said purchased premises to 
 your orator ; And whether your orator hath not always been ready 
 and willing to perform his part of the said agreement, and 'on having 
 a good and marketable title shown to the said estate and premises and 
 a conveyance of the fee simple thereof discharged of all incum- 
 brances made to him, {o pay the residue of the said purchase-money or 
 sum of $2900 to the said defendant; And whether the said defendant 
 doth not, and why, refuse to perform his part of the said agreement ; 
 
ORIGINAL BILLS PRAYING RELIEF. 15 
 
 And whether the defendant is not able to make a good and market- CH. II. 
 able title to the said estate and premises, and if not, why not; And 
 whether he doth not, and why, decline or refuse to make a good and 
 marketable title to the said premises ; And whether your orator hath 
 not required hirn so to do, and made such offer to him as in that 
 behalf aforesaid, or to that, or the like, or some, and what, other pur- 
 port or effect ; And whether the whole of the residue of the purchase- 
 money of the said premises hath not been ready andunproductive in 
 the hands of your orator for completing the said purchase from the 
 time the same ought to have been completed by the terms of the said 
 agreement, or from some, and what, other time ; And that the said' 
 defendant may be decreed specifically to perform the said agreement 
 entered into with your orator as aforesaid and to make a good and 
 marketable title to the said premises, your orator being ready and 
 willing, and hereby offering specifically to perform the said agreement 
 on his part, and upon the said defendant's making out a good and 
 marketable title to the aforesaid estate and premises and executing a 
 proper conveyance thereof to your orator pursuant to the terms of 
 the said ^agreement, to pay to the said defendant the residue of the 
 said purchase-money or sum of $2900. And that your orator may 
 have such further and other relief in the premises as to your honors 
 shall seem meet and the nature of this case may require. May it 
 please, &c. {See form No. 31, p. 8.) Prai/ subpoena against S. B. 
 
 IV. Bill by first vendee agahist vendor and a subsequent purchaser from 
 • him, for the specific performance of an agreement entered into bj the 
 vendor with the plaintiff for the sale of an estate, charging the subsequent 
 purchaser with notice, and praying that he may surrender the estate to 
 the plaintiff, or, (in the alternative,) if he had no notice, then that the 
 vendor may account for the difference in price. Pra^'ing also for an in- 
 junction to restrain the defendants from bringing an ejectment. 
 
 To, &c. 
 
 Humbly complaining sheweth unto your honors your orator A. B. 
 of, &c.. That J. D. of, &c., one of the defendants hereinafter named, 
 
 was in and before the "month of , seised to him and his heirs 
 
 of a messuage, &c. And your orator further sheweth, that the said 
 J. D. being desirous to dispose of the said estate entered into an 
 agreement with your orator for the sale thereof to him, and which The agree- 
 agreement was reduced into writing and signed by the said defend- gj^jg^ 
 ant J. D. and your orator, and is in the words and figures or to the 
 purport and effect following, that is to say, {stating the agreement 
 verbatim.) As by the said memorandum of agreement when produced 
 
16 EQUITY PRECEDENTS. 
 
 CH. II. -will appear. And your orator further sheweth unto your honors, that 
 
 Plaintiff of- in the said month of , and before the day fixed for completing 
 
 feredtopay {]jg gg^j^ asreement, your orator called upon the said J. D. and offered 
 
 the pur- o ' J^ r 
 
 chase-mon- to pay to him the said purchase-money for the said house and prem- 
 
 ^^' ises. And your orator further sheweth, that he hath repeatedly 
 
 Applica- applied to the said J. D. and hath requested him specifically to per- 
 
 vendor" for form his aforesaid contract. And your orator well hoped that the 
 
 spe(\if5c said defendant .J. D. would have complied with such your orator's 
 perform- . . . , . , , , , 
 
 anoe. reasonable requests as m justice and equity he ought to have done. 
 
 But now so it is, may it please your honors, that the said J. D. com- 
 bining and confederating to and with T. E. C. of, &c. (See form Wo. 
 20, p. 4,) absolutely refuses so to do, and the said J. D. hath since 
 actually sold the said messuage and premises to the said defendant 
 T. R. C. at an advanced price, and hath surrendered the same to the 
 use of the said T. R. C. his heirs and assigns, and the said T. R. C. 
 hath been admitted upon such surrender. And the said defendant 
 Pretence j_ J) sometimes pretends, &c. Whereas your orator expressly 
 
 by vendor. ^ •' i j 
 
 charges the contrary thereof to be the truth. And your orator fur- 
 notice to ther charges, that before the said surrender was made by the said 
 the subse- j j) ^^ ^jjg ^gg pf jj^g g^;j ^p jj Q_ ^g aforesaid, and before the said 
 
 quent pur- ' 
 
 chaser. T. R. C. paid his purchase-money for the same, if he has in fact 
 paid such purchase-money, the said T. R. C. had some notice or 
 intimation, or some reason to suspect or believe, that he the said J. D. 
 had entered into an agreement with your orator for the sale of the 
 said premises to your orator ; and in particular your orator charges 
 Evidence that the said T. R. C. carries on the business of a brewer, in copartner- 
 of sucr°'' ship with W. & H. and that the said W. & H. were both informed 
 charge. by your orator of his said agreement, and your orator actually deliv- 
 ered the said agreement to the said H. previously to the said surren- 
 der to the said T. R. C. or to the payment of his purchase-money, 
 and the said W. & H. or one of them acted as the agent or agents of 
 the said T. R. C. in the treaty with the said J. D., or were in some 
 manner employed or took some part therein on the behalf of the 
 said T. R. C. And the said W. & H., or one of them, gave some 
 information or intimation to the said T. R. C. respecting the aTee- 
 ment made by your orator with the said J. D. And the said W. & H. 
 as the partners of the said T. R C. have some right or interest in 
 the said premises, although the surrender thereof was made as afore- 
 Charge that said to the said T. R. C. alone. And your orator further charges, 
 the subse- that the said J. D. hath in some manner indemnified or undertaken 
 chaser is in to indemnify the said T. R. C. against the claims of your orator in 
 ^ndemnT-'''^ respect of his said agreement, or there is some undertaking between 
 fled. the said J. D. and the said T. R. C. that the said T. R. C. is to be 
 
 indemnified against such claim. All which actings {See form No. 22, 
 
OKIGINAL BILLS PKAYING RELIEF. 17 
 
 p. 0, interrogating to the stating and charging part.) And that the CH. II. 
 said defendants may answer the premises : and that the said agree- p^^ ^^. 
 ment so made between your orator and the said J. D. as aforesaid, 
 may be specifically performed, and that the said T. R. C. may be de- 
 creed to surrender the said messuage and premises to your orator and 
 his heirs, your orator being ready and willing and hereby offering spe- 
 cifically to perform the said agreement in all things on his part and 
 
 behalf. (Or if it should appear that the said T. R. C. is a purchaser Amend- 
 
 ■ T . ■ p , .-,. ment upon 
 
 Without notice oi the said agreement between your orator and the the coming 
 
 said J. D., then that the said J. D. may account for and pay to your ans°we*^ 
 orator the* difference between the price stipulated in the said agree- 
 ment and the sum at which he sold the same to the said T. R. C.) 
 And that the said defendants may in the mean time be restrained 
 from bringing any action of ejectment against your orator in order 
 to turn him out of possession of the said premises. (And for further 
 relief, see form No. 25, p. 6.) ■ May it please, &c. {Pray subpoena 
 and injunction against J. D. and T. R. G. See forms Nbs. 26, 29, 
 P- 6, 7.) ■ 
 
 V. Bill by lessee against lessor for specific performance of a written agree- 
 ment for the lease of a house. 
 
 To, &c. 
 
 Humbly complaining sheweth unto your honors your orator A. B. 
 of, &c. That C. D. of, &c. (the defendant hereinafter named) being 
 or pretending to be seised or possessed of a messuage or tenement 
 situate, &c. and being willing and desirous to let the same, he in the 
 
 month of proposed and agreed to grant unto }'our orator a 
 
 lease of the aforesaid premises with the appurtenances, and thereupon 
 
 your orator and the said C. D. duly executed or subscribed a certain Agreement 
 
 memorandum or agreement bearing date, &c. {stating the agreement.) 
 
 As in and by, &c. And your orator further sheweth that in expec- Plaintiff 
 
 tation and confidence that a lease would have been made and exe- sums of 
 
 cuted to him of the said messuage or tenement and premises, pursuant '^™?3' ™ 
 
 to the terms of the said agreement, your orator hath laid out sundry 
 
 sums in repair of the said premises to a considerable amount. And 
 
 your orator further sheweth, that your ortitor hath been always ready 
 
 to perform his^art of the said agreement and to accept a lease of the 
 
 said premises pursuant to the terms thereof And your orator for Refusal by 
 
 that purpose caused a^ draft of a lease to be drawn pursuant to the j^ perform 
 
 terms of the aforesaid agreement, and tendered the same to the said ^^'^ agree- 
 
 defendant for his perusal and approbation, but he refused to accept or 
 
 peruse the same. And your orator further sheweth, that he hath 
 
18 EQUITY PRECEDENTS. 
 
 CH. II. frequently by himself and his agents applied to the said C. D. and in 
 Applica- ^ friendly manner requested him .to make and execute unto your 
 tions. orator a lease of the said messuage or tenement and premises con- 
 
 formably to the said agreement. And your orator well hoped, &c. 
 Pretence -^^^ jjq^ g(j j(- jg^ ^(,_ ^^gg form No. 20, p. 4.) Defendant pretends 
 fendant that no such agreement as aforesaid was ever made or entered into 
 agreed to ^J or between the said defendant and_ your orator, or any agreement, 
 pant a or that he consented to grant a lease to your orator of the aforesaid 
 messuage or tenement and premises. Whereas your orator charges 
 the contrary of such pretences to be the truth. And so the said con- 
 federate will at other times admit, but then he pretends th'at he hath 
 always been ready and willing to make and execute a lease of the 
 said messuage or tenement and premises pursuant to the terms of the 
 said agreement, and in all respects to perform the same on his part. 
 Charge the Whereas your orator charges the contrary thereof to be the truth, 
 n rary. -g^^^ nevertheless, the said defendant refuses to comply with your 
 that he^is oi'*to'''s aforesaid requests, or to perform or fulfil the aforesaid agree- 
 willingto ment. All which actings, &c. {see form No. 22, p. 5, interrogating to 
 lease pur- ^^« Stating and charging parts.) And that the said agreement may 
 suantto the ^e especially performed and carried into execution, and that the said 
 
 terms 01 1ill6 -I n t n n 
 
 agreement, defendant may be decreed to execute a lease of the aforesaid mes- 
 suage or tenement and premises to your orator according to the terms 
 of the aforesaid agreement. Your orator hereby offering to execute 
 a counterpart thereof and in all other respects to perform his part of 
 the said agreemeitt. {And for further relief see form No. 2o, p. 6.) 
 May it please, &c. {Pray subpcena against C. D. See form No. 26, 
 P- 6.) 
 
 VI. Prayer of a bill by a surety to compel a specific performance of an 
 agreement to execute a mortgage to indemnify the plaintiflf from all lia- 
 bility : praying also for a writ of iVe exeal Regno. ^^ 
 
 And that the said A. R. may be decreed specifically to perform the 
 said agreement and to make a mortgage to your orator of the said 
 estate and premises, to indemnify him against the obligation he has 
 entered into in the Admiralty Court as hereinbefore mentioned. And 
 that it may be referred to a Master to settle such conveyance if the 
 parties should differ about the same. And that the said A. R. may 
 be restrained from going out of the jurisdiction of this Honorable Court 
 into parts beyond the seas or out of the jurisdiction of this Honorable 
 Court, and that for that purpose a writ Ne exeat Regno under the seal 
 of this Honorable Court may be issued to restrain the said A. R. from 
 going into parts beyond the seas or out of the jurisdiction of this Honor- 
 able Court {And for general relief.) 
 
ORIGINAL BILLS PRAYING RELIEF. 19 
 
 II. 
 
 Bills to cancel Agreements, Bills of Exchange, Bonds, and ch. it. 
 other Instruments. 
 
 VII. Bill by the acceptor against the drawers, indorser, and holder, to 
 restrain proceedings at law upon an accommodation bill of exchange, and 
 to have the same delivered up to be cancelled. 
 
 To'the Justices, &c. 
 
 Humbly complaining sheweth unto your honors your orator H. B. 
 
 of, &c. merchant. That your orator previously to the month of 
 
 had frequently accepted bills of exchange for the accommodation of 
 Messrs. D. W. and J. H. W. then of, &c. And that sometime in Applica- 
 
 or about the said month of they applied to your orator to piatntifffor 
 
 assist them with a loan of his acceptance ibr a sum of money, and S" ^°^^ "^ 
 
 , '■ •^ ', his accept- 
 
 they severally assured your orator that if he would accept or indorse ance. 
 a certain bill of exchange for them, the said D. W. and J. H. W., 
 they could procure the same to be discounted, and that they or one of 
 them would punctually provide your orator with the money to take 
 up .the same. And your orator relying upon such promise agreed to 
 accept such bill of exchange to be drawn upon him by the said D. W., Plaintiff 
 and J. H. W. accordingly drew upon your orator a certain bill of bui at three 
 
 exchange for the sum of $280, dated the day of , and ^°^^^^ ^'"' 
 
 payable three months after date,- which your orator. thereupon ac- 
 cepted. And your orator further shewetji unto your honors, that the 
 said bill of exchange having been delivered by your orator to the 
 said D. W. and J. H. W. without any consideration whatsoever had 
 or received by your orator for the same, the said D. W. and J. H. W. 
 ought either to have provided your orator with the money to take up 
 the same when due as they had promised, or else have redelivered 
 the same to your orator to be cancelled : and your orator hoped that 
 the said defendants would have provided your orator with the money 
 to take up the said bill of exchange when the same became due, or 
 else would have redelivered the same or caused the same to have 
 been redelivered to your orator to be cancelled, and that no proceed- 
 ings would have been had against your orator to recover the amount 
 thereof as in justice and equity ought to have been the case. But 
 now so it is, may it please your honors, that the said D. W. and 
 J. H. W. combining and confederating to and with J. J. of, &c. and 
 T. 0. of, &c. and with divers other persons, &c. {see form No. 20, Defend- 
 p. 4,) they the said confederates absolutely refuse to deliver or cause t"'^e/j®g"^® 
 or procure to be delivered up to your orator the said bill of. ex- up the bill 
 
20 EQUITY PRECEDENTS. 
 
 CH. II. change to be cancelled, and instead thereof the said T. 0. hath got 
 to be can- ^°'-° ^'^ possession the said bill and hath lately commenced an action 
 celled, and at law against your orator to recover the amount thereof, the said 
 
 defendant „ ,. 
 
 T. 0. has confederates or some of them at times giving out and pretendmg 
 
 ed™™ ac^" that the said bill of exchange" was made and given by your orator to 
 tion against the said D. W. and J. H. W. for a full valuable consideration or con- 
 to recover siderations in money. Whereas your orator expressly charges the 
 the amount, contrary thereof to be the truth, and that your orator never had or 
 fh^t^^'^X received any good or valuable consideration or considerations for the 
 
 iii3.L tn6 Dill 
 
 was given said bill of exchange and that .the same was delivered by him to the 
 plaintVfor ^^'"^ ^- ^- ^^^ J- ^- ^- f"'" their accommodation, without receiving 
 a valuable any consideration or considerations for the same, and upon the firm 
 tion. reliance that they or one of them would supply your orator with the" 
 
 Charge the money to take the said bill up when the same became due and pay- 
 be'true'^ and ^^^^ ' '^^^ ^° ^^^ ^^^^ confederates will sometimes admit, but then 
 that the the said confederate J. J. pretends that he discounted the said bill of 
 delivered to exchange for full valuable considerations in "money or otherwise at 
 the defend- the time when the said bill was indorsed to him, and that when he 
 
 ants for 
 
 their ac- paid or gave the fuU valuable consideration or considerations for the 
 
 tion"^° same he had not notice that the said biU had been given by your 
 
 Pretence orator in the manner and upon the express stipulations hereinbefore 
 
 by defend- mentioned, Or without a full valuable or any consideration received 
 
 ant J. J. "^ # 
 
 that he dis- by your orator for the same, and that therefore your orator ought to 
 
 same*fOT a'' pay the amount thereof. And the said J. J. further pretends that he 
 
 full valua- indorsed the said bill of exchange to the said T. 0. for good and 
 
 eration valuable considerations before he the said J. J. received any notice 
 
 without no- from your orator, and before, your orator had requested him to deliver 
 
 circura- up the same. Whereas your orator charges the contrary of all such 
 
 tending the pr«'ences to be true, and particularly that the said J. J. did not ever 
 
 making of give, -pay or allow to the said D. W. and. J. H. W., or either of them, 
 
 he indorsed the full value or any consideration whatever, for the said bill of 
 
 fendant xT exchange ; and that the said J. J. had full notice, or had some reason 
 
 0. without to know, believe, or suspect that the said bill had been given by your 
 
 orator to the said D. W. and J. H. W. in the manner and upon the 
 Charge the .,.,.,.. ^ 
 
 contriry to express Stipulation herembefore mentioned, and without any valuable 
 
 be true. ^j. other consideration having been received by your orator for the 
 same. And your orator further charges, that the said J. J. received 
 the said bill from the said D. W. and J. H. W. to get the same dis- 
 counted tor them, and with an express undertaking on his part to de- 
 liver over the money he obtained upon such bill to them the said D. W. 
 and J. H. W., but that he never did procure such bill to be discounted, 
 or if he did he applied the moneys he obtained upon the same to his 
 own use and never paid ot delivered over any part thereof to the said 
 D. W. and J. H. W. or either of them. And your orator further 
 
ORIGINAL BILLS PRAYING RELIEF. 21 
 
 charges that the said J. J. hath received notice fi-om your orator and CH. IL 
 the said D. W. and J. H. W. of the terms upon which the said bill ^^^^ 
 had been obtained by the said D. W. and J. H. W. and had- been tlmtdefend- 
 required by your orator to deliver up the same to him before he the had rece'iv- 
 said J. J. had endorsed the said bill of exchange to the said T. 0., S^ ""'i"® 
 
 J fi'om the 
 
 ana as evidence thereof your orator expressly charges that the said plaintiff 
 
 J. J. had the said bill of exchange in his custody, possession, or power bankrupts. 
 
 on the day of , last past ; and that the said J. J. did Evidence 
 
 on the ;— day of ■ — , last offer the said bill of exchange for [^^g/g^^P"''' 
 
 sale together with other bills to various persons. And your orator „, 
 
 » ,, , , , . „ Charge 
 
 lurther charges that at the time of the said bill of exchange being thatdefend- 
 
 endorsed or delivered to the said T. O. and of his paying or giving had'^no^ice 
 
 such consideration or considerations (if any were or was paid by ^^'^^ *^ 
 
 him) he knew or had been informed, or had some reason to know, and the 
 
 believe, or suspect that your orator and the said D. W. and J. H. W. bankrupts 
 
 iiiiu. not r6- 
 
 had never received the full or any consideration for the said bill of ceived any 
 exchange, and he well knew or had been informed that your orator ti^u!' ^™" 
 had accepted the said bill of exchange for the accommodation of the 
 said D. W. and J. H. W. without having received any consideration Charge 
 for the same. And your orator further charges, that the said T. O. is aS' Tf^"a 
 a trustee for the said bill of exchange for the said confederate J. J., is a trustee. 
 or for some other person or persons whose names he refuses to dis- 
 cover, and that he holds the same for the said confederate J. J., or 
 for such person or persons without having given any consideration 
 or considerations for the same, and that if he receives the amount of 
 the said bill of exchange or any part thereof, he is to deliver over or 
 pay the same to the said J. J. or such other person or persons, and 
 that he is indemnified by the said J. J. or such other person or persons, 
 from all the costs attending the attempt to recover upon the said bill 
 of exchange on which he has brought his said action at law. And Cliarge 
 notwithstanding the said T. O. got the said bill of exchange into his ^^j ^^ q" 
 
 possession without giving any consideration for the same, yet he intends to 
 
 , , . f ° •' , . , . . , , . , proceed in 
 
 threatens and-intends to proceed in his action at law, and in case he his action. 
 
 should recover judgment, to take out execution against your orator 
 
 for the amount thereof. And your orator further charges that the Charge as 
 
 said several defendants, or some, or one of them, now have or hath or ^(,_ ' 
 
 lately had in their or one of their custody, possession, or power, some 
 
 book or books of account, letters, documents, or writings, from which 
 
 the truth of the several matters and things aforesaid would appear. 
 
 And so it would appear if the said defendants would set forth a full, 
 
 true, and particular account of all such books of account, letters, 
 
 documents, and writings. All which actings, &c. (See form No. p 
 
 22, "p. 5, interrogating to the stating and charging parts.) And that 
 
 the said defendant T. 0. may be decreisd to deliver up, and the said 
 
22 
 
 EQUITY PRECEDENTS. 
 
 CH. II. 
 
 D. W. and J. H. W. and J. J. be decreed to procure, the said bill of 
 exchange to be delivered up to your orator to be cancelled, as having 
 been given by your orator and received by the said D. "W. and J. H. W. 
 and the said several defendants without any consideration. And that 
 the said defendants respectively may be restrained by the injunction 
 of this Honorable Court from proceeding in any action at law already 
 commenced against your orator upon the said bill of exchange, and 
 from commencing any other proceedings at law against your orator 
 upon the said bill of exchange to any person or persons. And that 
 your orator may have such further and other relief in the premises 
 as to your honors shall seem meet and the nature of this case may 
 require. May it please, &c. (See forms Wos. 2&, 29, and p. 6, 7.) 
 Prai/ subpcena and injunction against all- the defendants. 
 
 VIII. Bill by lessee to have an agreement delivered up to be cancelled, by 
 whicli he gave up the remainder of his lease contrary to his intention, he 
 not being able to read or write : praying also to have the original lease 
 confirmed : also for an account and repayment of the land tax paid by the 
 plaintiff, and for an injunction to restrain the defendant from proceeding in 
 an action of ejectment commenced by him. 
 
 To, &c. 
 
 Indenture 
 of lease. 
 
 Death of 
 lessor and 
 title of de- 
 fendant. 
 
 Propos.il to 
 the plaintiff 
 to enter in- 
 to a new 
 agreement. 
 
 Humbly complaining sheweth unto your honors your orator W. A. 
 
 of, &c.. That on or about , a certain indenture of lease was 
 
 made and duly executed between E. L., then of, &c., and your orator, 
 whereby the said E. L. did, &c. {stating the lease to the plaintiff.) As 
 in and by the said indenture, to which your orator craves leave to 
 refer, when produced to this Honorable Court will appear. And your 
 orator further sheweth unto your honors, that your orator entered upon 
 and possessed the said farm and lands under and by virtue of the said 
 lease ; and that the said E. L. departed this life in or about, &c., and 
 that after his death J. H. of, &c. the defendant hereinafter named, 
 became by purchase or otherwise seised of and entitled to the rever- 
 sion of the said farm and lands subject to the said lease. And your 
 orator further sheweth, that no notice was ever given to your orator 
 
 - to determine or make void the said lease at the end of years 
 
 from the commencement of the said term of — - thereby demised, 
 
 pursuant to the proviso therein contained or otherwise, but upon the 
 
 expiration of such years the said J. H. proposed to your 
 
 orator to enter into a new agreement as to the said fai-m and lands, 
 giving your orator to understand that the interest of your orator 
 therein was determined. And the said J. H. upon that occasion, as 
 he had frequently done before, expressed great friendship for your 
 
ORIGINAL BILLS PBAYING RELIEF. 23 
 
 orator, and declared that it was his wish and intention that your CH. It. 
 
 orator should continue in possession of his said farm as long as he 
 
 lived. And your orator further sheweth, that yonr orator can neither Plfiintiflf 
 , , p ,, , ,. . , , . . unable to 
 
 write nor read, and that your orator, luliy believing that his interest read or 
 
 in the said lease was determined, and that the said defendant, who is r'e"'^'2 tivit 
 
 a man of fortune, was dealing fairly by your orator, and was not the lease 
 
 intending to take any advantage of him, your orator consented to mined and 
 
 enter into the new agreement proposed by the said J. H., and there- confldmsm 
 
 ° r 1. -I the defend- 
 
 ugon the said defendant caused such agreenfbnt to be reduced into ant, cmi- 
 
 writing by one M. B., and your orator set his mark thereto, but the and'cxec'u- 
 
 same was not read over or in any manner explained to him, and such *«"! t''^ 
 
 1 T 1 ^ , -, n- agreement, 
 
 agreement was in the words and figures or to the purport and eiiect which was 
 
 following, that is to say (To remain one year and pay the land ^x ""^^.^jo^im 
 
 which he was not to pay hy his lease.) As in and by, &c. And your 
 
 orator further sheweth unto your honors, that confiding in the said 
 
 J. H.'s professions of friendship for your orator and in his .iforesaid 
 
 declarations that it was his wish that your orator should continue in 
 
 his said farm as long as your orator lived, your orator proceeded to pjaintiflF 
 
 expend considerable sums of money in erecting new buildings upon expended 
 
 the said farm and lands and in otlier improvements thereof. And in repairs. 
 
 your orator further sheweth that in or about, &c. the said J. H. 
 
 informed your orator that he must either pay an advanced rent of 
 
 ^ 1 1. • /• ii ■ ^ ■ AT Defendant 
 
 % or deliver up possession of the said premises. And your demanded 
 
 orator having refused to comply with such unexpected and unjust "" inoreas- 
 
 demand the said J. H. on or about, &c. caused your orator to be with which 
 
 served with a notice to quit the said farm on the day of . fused 'to '^^" 
 
 And your orator further sheweth unto your honors, that after he had comply, 
 
 received the said notice your orator having complained to one ot his served with 
 
 relations- of the great hardship of being obliged to quit his farm after ^^"t"'"''' '° 
 
 he had expended so much money in improving it, in consequence of p■^^^^^^g■ 
 
 the said defendant's assurances that your orator should continue in it discovered 
 
 during his life, and having in the course of such conversation men- ■[j^if/JJase 
 
 tioued'his lease from the said E. L. his said relation desired to see JT^^^'^^^g 
 
 that lease, and upon perusing the same read to your orator the promise was not to 
 
 therein contained, whereby it appeared that the said lease was not ^^,fj^™t°'' 
 
 to determine at the end of the first years without previous 
 
 months previous notice. And your orator further sheweth, that he "° ^'"^' 
 
 hath since by himself and his agents repeatedly applied to the said Applica- 
 
 ,,. -, ■,■ ,T •! 1. r ^1 tions to de- 
 
 J. H. and requested him to dehver up the said agreement ot the — ; fenijant to 
 
 ^ay of ■ to be cancelled, and to confirm the said indenture of ^""^3,^^*^ 
 
 lease of the ■ day of , and to return to your orator the to confirm 
 
 land tax which he hath paid in respect of the said farm since the ^^^^ ^epay 
 making of the said agreement, and which he was thereby bound to "^®^''^*^"^^ 
 pay although he was not liable to pay it by the said indenture of plaintiff. 
 
24 EQUITY PRECEDENTS. 
 
 *^H. II. lease ; with which just and reasonable requests your orator well hoped 
 
 Defendant that the said J. H. would have complied as in justice and equity he 
 
 commene- ought to have done. But now so it is (See form Wo. 20, p. 4). 
 edan action ,,, .,__,,, , . „. . , 
 
 in eject- And the said J. H. hath commenced an action ot ejectment m order 
 
 ™®"'" to obtain possession of the said premises. And the said defendant 
 
 Pretence sometimes pretends that previously to the making of the said agree- 
 
 fendant ex- ment of the day of the said defendant had fully 
 
 fe'rms^'of*'' explained to your orator that your orator was entitled to hold the 
 
 tiie lease to said premises under th* said indenture of lease until the end of the 
 
 term of years therein mentioned, and that your orator was 
 
 contrary! "^ ^Issirous to surrender and determine the said lease. Whereas your 
 
 orator expressly charges the contrary thereof to be the truth, and 
 
 that the said defendant never did in any manner explain to your 
 
 orator or give him to understand that he was entitled to hold the said 
 
 farm until the end of the said term of years. And the said 
 
 defendant well knew at the time of making the said agreement of 
 
 the day of that your orator would not have entered 
 
 into the same if he had been aware of his rights under the said 
 
 indenture of lease, and the said defendant for that reason concealed 
 
 Charge from your orator that he had such rights. And your orator charges 
 
 that de- ^jj^t at the time of making the said agreement your orator had not 
 
 no notice, the advice or assistance of any person whatsoever, but acted therein 
 
 according to the suggestions of the said defendant, supposing he 
 
 meant to be kind towards him and would deal fairly by him. All 
 
 which actings, &c. (see form No. 22, p. 5, interrogating to the stating 
 
 and charging parts.) 
 
 Prayer. And that the said defendant may answer the premises : and that 
 
 the said agreement bearing date the ■ — day of may be 
 
 decreed to be delivered up to your orator to be cancelled ; and that 
 
 the said defendant may confirm the said indenture of lease of 
 
 the day of . And that an account may be taken of 
 
 what your orator has paid for land tax of the said farm since the 
 
 making of the said agreement, and that the said defendant may be 
 
 decreed to repay the same to your orator ; and that in the mean time 
 
 the said defendant may be restrained by the order and injunction of 
 
 this Honorable Court from proceeding in the said action of ejectment, 
 
 and from commencing or prosecuting any other proceedings at law 
 
 against your orator for recovering possession of the said premises. 
 
 (And for further relief, see form No. 25, p. 6.) May it please, &c- 
 
 (See form No. 26, and p. 6.) 
 
OKIGINAL BILLS PRAYING RELIEF. 25 
 
 III. 
 
 Bills to restrain the Infringement of Patents and Copyrights, ch. ii. 
 
 IX. Bill by the patentee to restrain the infringement of a patent, after ver- 
 dict in an action at law against the same defendant. 
 
 To the Judges of the Circuit Court of the United States for the 
 Diotrict of Massachusetts. 
 
 A. B. of , in the district of , machinist, brings this Parties. 
 
 bill of complaint against C. D. of , in the district of , 
 
 carpenter. 
 
 And thereupon your orator complains and says, that your orator, a 
 citizen of the United States, being the true and original inventor of 
 a new and useful machine, not known or used before his application 
 for letters patent, did apply to the Commissioner of Patents of the 
 United States for letters patent for such- invention ; and having fully 
 and in all respects complied with all the requisitions of law in that tionfOT let- 
 behalf, and especially having made oath that he verily believed him- ''^''^ patent. 
 self to be the true inventor and discoverer of such machine ; and 
 having also paid into the treasury of the United States the sum of 
 thirty dollars, and having presented to the said Commissioner a peti- 
 tion setting forth his desire to obtain an exclusive property in the 
 said machine, and praying that letters patent might for that purpose 
 be granted to him ; and having also delivered and filed in the Patent 
 Office a written description of his said invention and discovery, and 
 of the manner of using the same, and accompanied the same with 
 drawings thereof and written references, in such fuU, clear, and 
 exact terms, las to distinguish the same from all other things before 
 known, and so as to enable any person skilled in the art with which 
 the said invention is most nearly connected, to make and use the 
 same, which said description was duly signed by your orator, and> 
 attested by two witnesses ; and thereupon letters patent for the said Grant of 
 
 invention in due form of law, under the seal of the Patent Office of *'^^ letters 
 
 ' patent. 
 
 the United States, signed and countersigned by the proper officers of 
 
 the United States, and bearing date on the day of , 
 
 A. D. 18 , were, granted, issued, and delivered to your orator, 
 whereby was granted and secured to him, his heirs, executors, admin-- 
 istrators, and assigns, for the term of fourteen years from the date 
 thereof, the full and exclusive right and liberty of making, con- 
 structing, and vending to others to be used, the said machine, which 
 is entitled, in the said letters patent {here state the description of the in- 
 vention in the words of the patent ) ; all of which will more fully appear 
 3 
 
26 EQXJITY PRECEDENTS. 
 
 CH. II. in and by the said letters patent, to which for greater certainty, your 
 orator craves leave to refer. And your orator further shows unto 
 your honors, that heretofore, Viz., at the term of this Honorable 
 Court, begun and holden at , within and for the District 
 
 Verdict " of , on the day of , in the year , your 
 
 defendanf^ orator impleaded the said defendant in an action at law, for a viola- 
 tion of the exclusive privilege secured to your orator, by the letters 
 patent aforesaid, by using a machine substantially the same in its 
 construction and mode of operation as the said machine of your 
 orator described in the said letters patent, and thereupon, the said 
 defendant having pleaded that he was tiot guilty in manner and form 
 as your orator had declared against him, and issue being joined 
 thereon, the cause was committed to a jury, who returned their ver- 
 dict therein upon oath, and found that the said defendant was guilty 
 in manner and form as your orator had declared against him, and 
 assessed damages in the sum of fifty dollars. And afterwards at the 
 
 Judgment, same term of the said Court, judgment was rendered on the said ver- 
 dict in favor of your orator for the aforesaid damages and costs. And 
 
 desist, &o. your orator has requested the said defendant to desist and refrain 
 from further using the said machine, and to account with and pay to 
 your orator the damages sustained by your orator by reason of the 
 unlawful use of the said machine by the said defendant, or the profits 
 made by such use. 
 
 But now so it is, may it please your honors, that the said defendant 
 has used, and still continues to use the said machine, without the 
 
 o/defend-'^ license of your orator, and in violation of the right secured by the 
 
 ant. said letters patent, and refuses to account with and pay over to your 
 
 orator, the profits m'ade by such use ; all which is contrary to equity 
 and good conscience. 
 
 To the end, therefore, that the said defendant may, if he can, 
 shew cause why your orator should not have the relief hereby prayed, 
 and may, upon his oath, and according to the best and utmost of his 
 knowledge, remembrance, information, and belief, full, true, direct, 
 and perfect answer make to the several interrogatories hereinafter 
 numbered and set forth, namely, — 
 
 Interroga- 1. Whether the said letters patent wer« granted and issued as 
 
 '°"^'- abeve stated ? 
 
 2. Whether the said action was commenced and prosecuted, and 
 the said verdict recovered, as is above stated ? 
 
 3. Whether he, the said defendant, has made, used, or sold any of 
 the said machines at any time, and when, either before or since the 
 said trial at law, and if so, how many, and with what profit ? 
 
 And that the said defendant may answer the premises, and that he 
 may be decreed to account for, and pay over to your orator aU such 
 
OEISINAL BILLS PRAYIN8 BELIEF. 27 
 
 gains and profits as have accrued to him from using, making, or CH . IL 
 vending the said machine, and that he may be restrained by an Prayer for 
 injunction issuing out of this Honorable Court, or issued by one of and°other 
 your honors, according to the form of the statute in such case made relief. 
 and provided, from using, making, or vending any one or more of 
 the said machines, substantially the same in its construction and 
 mode of operation as your orator's machine, described in the said 
 letters patent ; and that the machine or machines now in possession 
 of the said defendants, or under their control, may be destroyed or 
 delivered up to your orators ; and for such further or other relief as 
 the nature of this case may require, and to your honors , may seem 
 meet. 
 
 May it .please your honors to grant Imto your orator not only a Prayer for 
 writ of injunction conformable to the prayer of this bill, but also a ^'it'P'^"^- 
 writ of subpoena, &c. (As inform Wo. 26, ante, p. 6.) 
 
 X. Bill by the owner and assignees to restrain the infringement of a pa- 
 tent, where the original patent had been extended by the administrator 
 of the inventor, and after verdipt in an action at law against another 
 defendant. 
 
 To the Judges of the Circuit Court of the United States for the 
 District of Massachusetts. 
 
 WiUiam W. Woodworth, of Hyde Park, in the Northern District Parties 
 of New York, Esquire, as he is the administrator of William Wood- 
 worth, late of the City of New York, in the Southern District pf New 
 York, Gentleman, deceased, and as he is the grantee of certain exclu- 
 sive privileges, under and pursuant to an act of Congress, as is here- 
 inafter fully set forth, and James G. Wilson, of the said City of New 
 York, Gentleman, and William Washburn and Charles W. Brown, of 
 the City of Boston, in the said District of Massachusetts, carpenters, 
 bring this biU of complaint against 
 
 And thereupon your orators complain and say, that William Wood- 
 worth, above named, a citizen of the United States, being the true 
 and original inventor of a new and useful machine, not known or Applica- 
 used before his appHcation for letters patent, did apply to the Secre- jg^" patent! 
 tary of State of the United States, for letters patent for such inven- 
 tion ; and having fully and in all respects complied with aU the 
 requisitions of the law in that behalf, and especially having made 
 oath that he verily beHeved himself to be the true inventor and 
 discoverer of said machine ; and having also paid into the treasury 
 
28 
 
 EQUITY PRECEDENTS. 
 
 CH. n. 
 
 Grant of 
 the letters 
 patent. 
 
 Date. 
 
 Title. 
 
 Death of 
 W. W. and 
 appoint- 
 ment of 
 adminis- 
 trator. 
 
 of the United States the sum of thirty dollars, and received a re- 
 ceipt for the smne, and presented to the Secretary of State of the 
 United States a petition, setting forth his desire to obtain an exclu- 
 sive property in the said machine, and praying that letters patent 
 might for that purpose be granted to him; and having also delivered 
 and filed in the oflSce of the said Secretary of State a written descrip- 
 tion of his invention and discovery, and of the manner of using the 
 same, and accompanied the same with drawings thereof, and written 
 references, in such full, clear and exact terms as to distinguish the 
 same from all other things before known, and so as to enable any other 
 person, skiUed in the art with which the said invention is most nearly 
 connected, to make and use the same, which said description was 
 duly signed by the said W. W. and attested by two witnesses ; and 
 the said Secretary of State did thereupon cause letters patent to be 
 made out in the name of the United States of America, in due form 
 of law in all respects, bearing date on the twenty-seventh day of 
 December, in the year of our Lord one thousand eight hundred and 
 twenty-eight, whereby was granted to the said W. W., his heirs, 
 administrators, or assigns for the term of fourteen years from the 
 date thereof, the full and exclusive right and liberty of making, 
 constructing, using, and vending to others to be used, the said 
 machine, which is entitled, in the said letters patent, " a new and 
 useful improvement in the method of planing, tonguing, grooving, 
 and cutting into mouldings, or either, plank, boards, or any other 
 material, and for reducing the same to an equal width and thickness, 
 and also for facing and dressing brick, and cutting mouldings on, 
 or facing metallic, mineral, or other substance ; " and the said let- 
 ters patent having been duly approved by the Attorney-General, 
 and signed by John Quincy Adams, the President, and counter- 
 signed by Henry Clay, the Secretary of State of the United States, 
 and the said Secretary of State having caused the seal of the 
 United States to be thereto affixed, and the same having been duly 
 recorded, were issued and delivered unto the said William Wood- 
 worth, all which will more fully appear in and by the said letters 
 patent, or a copy thereof duly certified by the Commissioner of 
 Patents, to which, for greater certainty, your orators crave leave to 
 refer. 
 
 And your orators further shew unto your honors, that afterwards, 
 on or about the ninth day of February, in the year of our Lord 
 eighteen hundred and thirty-nine, the ^said W. W. departed this 
 life at the city of New York aforesaid, where he was then 
 resident; and thereupon, afterwards, on or about the fourteenth 
 day of February, in the year of our Lord eighteen hundred and 
 thirty-nine, administration of the goods and estate which were 
 
ORIGINAL BILLS PRAYING RELIEF. 29 
 
 of the said W. W. at the time of his decease, was duly granted by CH. II. 
 the Surrogate of the County of New York, having jurisdiction in 
 the premises, unto your orator, W. W. W. son, and one of the heirs 
 of the said W. _W. deceased, and your orator, W. W. W. thereupon 
 took upon himself that trust. 
 
 And afterwards, on or about the twentieth day of July, in the Extension 
 year of our Lord eighteen hundred and forty-two, your orator, ° ^'^"' 
 W. W. W. in his said capacity, made application in writing to the 
 Commissioner of Patents of the United States, setting forth that 
 he desired an extension of the said letters patent and the grounds 
 thereof; and having paid the sum of forty dollars to the credit of the 
 treasury of the United States, and the said Commissioner having 
 caused public notice of such application to be given according to 
 law, and the Secretary of State, and the Commissioner of Patents, 
 and the Solicitor of the treasury of the United States having met, as 
 the board designated by law, for such purpose, on the first day of 
 September, in the year last aforesaid, at the Patent Office in Wash- 
 ington, being the time and place appointed for such meeting in the 
 said public notice, did then and there proceed to hear and consider 
 the said application, and on divers days and times to which such 
 hearing and consideration were duly continued by adjournment, did 
 hear and consider the same, and such proceedings were there and 
 
 then had, that afterwards, on or about the sixteenth day of Novem- 
 
 . . ■ . . Nov. 18 
 
 ber, in the year last aforesaid, the said board did adjudge and certify 1842, board 
 
 in writing, that, upon the hearing of the said matter, it appeared to ^^'^''^^'^1 
 their fuU and entire satisfaction, having due regard to the public 
 interest therein, that it is just and proper that the term of the said 
 letters patent should be extended, by reason that the patentee without 
 neglect on his part, had failed to obtain, from the use and sale of his 
 invention, a reasonable remuneration for the time, ingenuity, and 
 expense bestowed upon the same, and the introduction thereof into 
 use, — which said certificate having been duly signed by all the 
 members of the said board, the Commissioner of Patents did there- 
 upon according to law, renew and extend the said patent, by making 
 a certificate of such extension thereon, for the term of seven years 
 from and after the expiration of the said term of fourteen years, for 
 which the said patent was originally granted ; which last mentioned 
 certificate, together with the said certificate of the said board, having 
 been duly entered of record, your orators crave leave to refer to duly 
 certified copies thereof. 
 
 And your orators further shew unto your honors, that on or about 
 
 the second day of January, in the year of our Lord one thousand 
 
 eight hundred and forty-three, your orator, W. W. W. being 
 
 satisfied of the truth of the facts stated and set forth in the 
 
 3* 
 
30 EQUITY PRECEDENTS. 
 
 CH. 11. disclaimer next hereinafter mentioned, did make disclaimer of all 
 that part of the claim which is contained in the said letters patent 
 which relates to the use of circular saws, for reducing floor plank, 
 and other materials to a width, and the same having been duly filed 
 and recorded in the Patent Office, your orators crave leave to refer 
 to a duly certified copy thereof. 
 
 And your orators further shew unto your honors, that on or about 
 the tenth day of January last mentioned, your orator W. W. W. in 
 his said capacity, by a deed bearing date on the said second day of 
 January, but not delivered until after the making and filing of the dis- 
 claimer aforesaid, which said deed your orators wiU here in court pro- 
 duce, and for greater certainty crave leave to refer thereto, conveyed 
 to your orators, Washburn and Brown, the exclusive right to make, 
 use, and vend the said patentee's machines in. the counties of Suffolk 
 and Norfolk, and in the towns of Charlestown, Cambridge, Water- 
 town, West Cambridge, Maiden and Rock- Bottom, in the County of 
 Middlesex, all in the said District of Massachusetts, limiting, however, 
 the number of machines, to be by them used, sold, and constructed, to 
 fifty, and reserving to your orator, W. W. W. license to construct the 
 said machines, in the territory last mentioned, to be used elsewhere, 
 and the said grant has been duly recorded in the Patent Office at 
 Washington, as is required by law. 
 
 And your orators further shew unto your honors, that afterwards, 
 on or about the eleventh day of January, in the year of our Lord one 
 Grant to W. thousand eight hundred and forty-four, your orator, W. W. W. by a 
 plaintiffs, deed of that date, which has been duly recorded in the Patent Office 
 at Washington, did grant, assign, and convey to your orator, J. G. W. 
 all the right, title, and interest which your orator W. in his said 
 capacity then had in and to the said exclusive privileges, saving and 
 excepting only the right to make, use, and vend the said patented 
 machines in the Slate of Vermont. 
 
 And your orators further shew unto your honors, that 
 
 is now using 
 Piracy. of the said machines, substantially the 
 
 same in construction and mode of operation, as the planing machine 
 in the said letters patent mentioned, the exclusive right to make, use, 
 and vend, which is by law vested in your orators, and that the said 
 defendant used the same for some time past, but how long in particu- 
 lar your orators are not informed and cannot set forth, but pray that 
 the said defendant may discover and set forth the same, and thereby 
 the said defendant and still 
 
 infringe upon the exclusive privileges intended to be secured to your 
 orators by the said letters patent. And your orators further shew 
 unto your honors, that heretofore, viz., at the term of this Honor- 
 
ORIGINAL BILLS PRATING RELIEF. 31 
 
 able Court, begun and holden at Boston, within and for the District CH. n. 
 of Massachusetts, on the fifteenth day of October, in the year of our 
 Lord one thousand eight hundred and forty-three, your orators, Action at 
 Washburn and Brown, impleaded one James Gould in an action at an^ther'"^' 
 law, wherein they declared against him in a plea of trespass on the party- 
 case^ for a violation of the exclusive privileges of your orators, 
 Washburn and Brown, secured to them by the letters patent and 
 grant aforesaid, by using a. machine, substantially the same in its 
 construction and niode of operation, as the said planing machine 
 invented by the said William Woodworth ; and thereupon the said suit 
 * at la\^' having been duly continued from said term, to the term begun 
 and holden at Boston, within and for the said District of Massachu- 
 setts, on the fifteenth day of May, in the year of our Lord one thou- 
 sand eight hundred and forty-four, the said Gould having pleaded tl^fit 
 he was not guilty in manner and form as the said plaintiffs have 
 declared against him, and issue being joined thereon, the cause was 
 committed to a jury, who returned their verdict therein upon oath, 
 and found that the said Gould was guilty in manner and form as the- 
 said plaintifis had declared against him, and assessed damages in the 
 sum of fifty dollars. And afterwards, at the same term of the said 
 Court, a motion for a new trial of the said action having been made 
 by the said Gould, and overruled by the Court, judgment was rendered 
 on the said verdict in favor of the said plaintiffs for their aforesaid 
 damages and costs. And your orators have requested the said 
 
 to desist and refrain from further 
 using the said machine, and to account with and pay to your oi'^torS'^^ ^^^^^.^^ 
 the 'damages sustained by your orators by reason of the unlawful use desist. 
 of the said machine by the said defendant, or the profits made by 
 by such use. 
 But now, so it is, may it please your honors, that the said 
 
 Actus.! 
 
 have actually combined and confederated combina- 
 with the said James Gould and ''™- 
 
 or some of them, to resist, embarrass, and destroy the exclusive privi- 
 leges secured to your orators as aforesaid, and to use the said patented 
 machines without the license of your orators, and in violation of their 
 rights ; and the said confederates or some of them, including the said 
 defendants, have held meetings, and entered into agreements, and con- 
 tributed or promised to contribute, money, for the purposes last afore- 
 said, hoping so to embarrass and oppress your orators, by protracted 
 and expensive litigation, as to prevent your orators from enjoymg 
 their just rights aforesaid, and obtain the use of the said machines 
 without paying any compensation therefor. All which is contrary to 
 equity and good conscience, and in contravention of your orators' just 
 rights in the premises. 
 
tones. 
 
 32 EQUITY PRECEDENTS. 
 
 CH. n. To the end, therefore, that the said defendants may, if they can, 
 show cause why your orators should not have the relief hereby 
 prayed, and may, upon their several and respective, corporal oaths, 
 and according to the best and utmost of their several and respective 
 knowledge, remembrance, information and belief, full, true, direct, 
 and perfect answer make to such of the several interrogatories here- 
 inafter numbered and set forth, as by the note hereunder written, they 
 ' are respectively required to answer ; that is to say : 
 
 Interroga- 1. Whether the said letters patent were granted and issued as 
 above stated ? 
 
 2. Whether the said letters patent were renewed and extended, as * 
 is above stated ? 
 
 3. Whether the disclaimer aforesaid was filed, as is above stated ? 
 ,4. Whether the grant by the said William W. Woodworth to the 
 
 said Washburn and Brown, was made, as is above stated ? . 
 
 5. Whether the grant by the said William W. Woodworth to the 
 said WUson, was made, as is above stated ? 
 
 6. Whether the said action at law was commenced and prosecuted, 
 and the said verdict and judgment recovered, as is above stated ? 
 
 7. Whether the said defendants have at any time, and when, and 
 during what period of time, either severally and each by himself, or 
 jointly with any and what other person or persons, used any planing 
 machine, and where ; and whether or no the same was not substantially 
 the same, in its construction and mode of operation, as the said planing 
 machine of the said William Woodworth, and how the same differed 
 therefrom, if at all ? 
 
 8. Whether or no such planing machine was used to plane boards 
 for the use of the said defendants, or either of them, or for customers 
 and the public generally, and, if the former, whether or no any, and 
 if any, how much, cost and expense was saved by means of said 
 machine : and, if the latter, how much profit has been realized there- 
 from, and what quantities of boards or other materials have been so 
 planed, and at or after what rates or prices, and what expenses were 
 incurred, in the operation of planing ? 
 
 9. Whether or no the said defendants, or either of them, has en- 
 tered into any agreement, or has or had any agreement with the said 
 Gould, or any and what other person or persons, to contribute any 
 and what sum of money, or other thing of value, for the purpose of 
 opposing the rights of your orators under the said letters patent, or 
 paying the expenses of lawsuits, or any and what other expenses 
 incurred, or to be incurred, iii resisting the said rights under the said 
 letters patent, and^whether any and how many meetings have been 
 held, or consultations had, and by and between whom, and when, and 
 where, and whether any writing has been signed, and by whom, and 
 what were its contents, and in whose possession is the original paper ? 
 
0KI6INAL BILLS PEAYINa RELIEF. 33 
 
 And that the said defendants may answer the premises, and that CH. II. 
 they may be decreed to account for and pay over to your orators all " 
 such gains and profits as have accrued to them from using the said Prayer. 
 machines, since the expiration of the said original letters patent, and 
 that they may be restrained by an injunction issuing out of, this Hon- 
 orable Court, or issued by one of your honors, according to the form 
 of the statute in such case made and provided, from using or vending 
 any one or more of the said machines, substantially the same in its 
 construction and mode of operation as the said patentee's planing 
 machine ; and that the machine or machines now in the possession 
 of the said defendants, or under their control, may be destroyed, or 
 delivered up to your orators ; and for SHch further or other relief, as 
 the nature of this case may require, and to your honors may seem 
 meet. 
 
 May it please your honors, to grant unto your orators, not only a 
 writ of injunction conformable to the prayer of this bill, but, also, a. 
 writ of subpoena, directed to 
 
 and commanding them, and each of them, to appear 
 and answer unto this bill of complaint, and to do and receive what to 
 your honors shall seem meet. 
 
 XI. Bill by the assignee of a patent, after a verdict in an action at law 
 against the same party. 
 
 To the Judges of the Circuit Court of the United States for the 
 District of Massachusetts : 
 
 William V. Many, of Albany, in the Northern District of New 
 York, Esquire; as he is the grantee of certain exclusive privileges 
 under and pursuant to an act of Congress as is hereinafter fully set 
 forth, brings this bill of complaint against George W. Sizer and 
 Henry Sizer, both of Springfield, in the State of Massachusetts, 
 machinists and iron founders. 
 
 And thereupon "your orator complains and says, that Samuel Trus- Trusoott, 
 
 * -It/ ^Volf 3.1) d 
 
 cott, George "Wolf, and James Dougherty, of Columbia, Pennsylvania, Dougherty, 
 citizens- of the United States, being the true and original inventors of ^^i^ntors, 
 a new and useful improvement in the mode of making cast-iron 
 wheels, to be used on railroads, and for other purposes, not known 
 or used before their application for letters patent, did apply to the 
 Secretary of State, of the United States, for letters patent for such 
 improvement : and having fully and in all respects complied with all 
 
34 EQUITY PRECEDENTS. 
 
 CH. II. the requisitions of the law in that behalf, and especially having made 
 oath that they verily believed themselves to be the true inventors and 
 discoverers of such improvement ; and having, also, paid into the 
 treasury of the United States the sum of thirty, dollars, and delivered 
 a receipt for the same, and presented to the Secretary of the United 
 States a petition setting forth their desire to obtain an exclusive prop- 
 erty in the said improvement, and praying that letters patent might 
 for that purpose be granted to them ; and having, also, delivered 
 and filed in the said office of the Secretary of State a written descrip- 
 tion of their said improvement, and of the manner of using the same, 
 and accompanied the same with drawings thereof and written refer- 
 ences in such fuU, clear, and» exact terms, as to distinguish the same 
 from all othgr things before known, and so as to enable any other 
 person skilled in the art with* which the said improvement is most 
 nearly connected, to make and use the same, which said description 
 was duly signed by the said Truscott, Wolf, and Dougherty, and 
 attested by two witnesses ; the said Secretary of State did thereupon 
 cause letters patent to be made out in the name of the United States 
 of America in due form of law in all respects, bearing date on the 
 ent'eranted seventeenth day of March, eighteen hundred and thirty-eight, where- 
 to Truscott by was granted to the said Samuel Truscott, George Wolf, and 
 17 March, James Dougherty, their heirs, administrators, and assigns, for the 
 1838. term of fourteen years from the date thereof, the full and exclusive 
 
 right and liberty of using and vending to others to be used, the said 
 improvement, which is entitled in the said letters patent, " a new 
 and useful improvement in the mode of making cast-iron wheels, to 
 be used on railroads, and applicable to other purposes," and the said 
 letters patent having been signed by John Forsyth, Secretary of 
 State, and countersigned by Henry L. Ellsworth, Commissioner of 
 Patents, and the said Secretary of State paving caused the seal of 
 the Patent Office to be thereto affixed; and the same having been duly 
 recorded, were issued and delivered to the said Truscott, Wolf, 
 and Dougherty, all which will more fully appear in and by the said 
 letters patent, or a' copy thereof, duly certified by the Commissioner 
 of Patents, to which for greater certainty your orator craves leave to 
 refer. 
 Truscott & And your orator further shews unto your honors, that on or about 
 assi'gn to'' ^he third of August, in the year eighteen hundi-ed and thirty-nine-, the 
 ^ugh^i^ 3 ^^^^ Samuel Truscott and James Dougherty did, by their deed of 
 Aug. 1839. that date, assign to the said George Wolf, and one Frederic Baugher, 
 of said borough of Columbia, in the State of Pennsylvania, all the 
 right, title, and interest which they had in the said letters patent, and 
 the invention as secured to them by said letters patent, and for, to, 
 and in the United States of America, for and during the full term for 
 
ORIGINAL BILLS PRAYING RELIEF. ' 35 
 
 which said letters patent are, or may be granted, reserving, neverthe- ^^' H- 
 less, one manufacturing right thereof, in one establishment, to each 
 of them, (the said Samuel Truscott and James Dougherty,) not to be 
 used, erected, or carried on, within one hundred miles of the said 
 borough of Columbia, in the county of Lancaster, and State of Penn- 
 sylvania. 
 
 And the said Frederic Baugher did, by his deed, dated the twenty- ^^M^^l '" 
 eighth day of April, eighteen hundred and forty-seven, assign all his Apr. 1847. 
 right, title, and interest to the letters patent and invention, to the said 
 George Wolf. And the said Samuel Truscott did, by his deed, dated 
 the twenty-sixth day of May, eighteen hundred and forty-seven, asr '^g^f°fg^° 
 .sign to the said George .Wolf, all his right, title, and interest, in the May, 1847. 
 said reserved right to use the said invention, as set forth in the deed 
 from the said Truscott and Dougherty, to the said Wolf and Baugher, 
 dated the third day of August, eighteen hundred and thirty-nine. 
 
 And afterwards, to wit, on the eleventh day of June, in the year m^j^ ii'° 
 eighteen hundred and forty-seven, by an agreement of two parts, June, 1847. 
 made by and between the said George Wolf and your orator, duly 
 executed and dated on the day and year last aforesaid, the said George 
 Wolf did transfer, assign, grant, sell, release, convey, and confirm to 
 your orator, the said invention, the said discovery, the said improve- 
 ment, the said letters patent, and the rights, franchises, privileges, 
 and benefits therein and thereby granted, fully, absolutely, and to all 
 and every extent, possible intent and purpose whatsoever, the said 
 one right to manufacture wheels according to the said patent, reserved 
 by said James Dougherty excepted. 
 
 And afterwards, to wit, on the eighteenth day of February, eighteen Dougherty 
 hundred and forty-eight, the said James Dougherty, did by his deed Yeb°ll'J^ 
 of that date (through Samuel Truscott, his attorney, in that behalf 
 duly appointed,) transfer, assign, and set over to the said George 
 Wolf, his, the said Dougherty's one manufacturing right, reserved to 
 himself, in and by the said deed from Truscott and Dougherty to the 
 said Wolf and Baugher, dated the third day of August, eighteen hun- 
 dred and thirty-nine, as aforesaid. 
 
 And the said George Wolf, did, by his deed, dated on the eighteenth J™f '« 
 day of February, eighteen hundred and forty-eight, transfer, assign, Feb. 1848. 
 and set over to your orator, the said one reserved manufacturing right, 
 last above-mentioned, as fully and completely as the same was on 
 the eighteenth day of February, vested in him, the said George Wolf; 
 all which, said letters patent, deeds, and other instruments of assign- 
 ment, hereinbefore mentioned, have been, and are duly recorded in 
 the Patent Office of the United States at Washington, whereby your 
 orator became possessed of and entitled to the said letters patent, and 
 to all the property, right, and interest in the said invention, under and 
 
36 'equity precedents. 
 
 CH. II. by virtue of said letters patent, and the subsequent deeds and other 
 instruments of assignment to your orator, as aforesaid. 
 Defendants And your orator further shews unto your honors, that said George 
 ing on the W. Sizer and Henry Sizer of Springfield, State of Massachusetts, 
 rights, &o. aforesaid, are now manufacturing and selling great numbers of rail- 
 road wheels, constructed according to the mode set forth in the said 
 letters patent, the exclusive right to which mode of constructing said 
 wheels is, by law, vested in your orator, and that the said defendants 
 have been manufacturing and selling the same for some time past, but 
 how long, in particular, your orator is not informed, and cannot set 
 forth, but prays that the said defendants may discover and set forth 
 the same ; and thereby the said defendants have and still do infringe 
 upon the exclusive privileges intended to be secured to your orator in 
 the said letters patent. 
 Action by And your orator further shews unto your honors, that heretofore, 
 defendant! viz., at 'the term of this Honorable Court, begun and holden at Bos- 
 ?^h *t7°c ton, within and for the District of Massachusetts, on the fifteenth day 
 C. Conrt, of October, in the year of our Lord eighteen hundred and forty-eight, 
 "' ™' your orator, William V. Many, impleaded George W. Sizer and 
 Henry Sizer in an action at law, wherein he declared against them in 
 a plea of the case for a violation of the exclusive privileges of your 
 orator, William V. Many, secured to him by the letters patent, and 
 grants, and assignments aforesaid, by manufacturing and selling rail- 
 road wheels substantially the same in their construction, as the said 
 railroad wheels manufactured by your orator, pursuant to the descrip- 
 tion or. specification contained in said letters patent. And the said 
 George W. and Henry Sizer having pleaded that they were not 
 guilty in manner and form as the said plaintiff had declared against 
 them, and issue being joined thereon, the cause was committed to a 
 jury, who returned their verdict therein, upon oath, and found that 
 Verdict for the said George W. and Henry Sizer were guilty in manner and form 
 as the said plaintiff had declared against them, and assessed damages 
 in the sum of seventeen hundred dollars and upwards. 
 Plaintiff And your orator has requested the said George W. Sizer and 
 
 te'd defend- Henry Sizer to desist and refrain from further manufacturing or sell- 
 ants to de- ing said railroad wheels, and to account with and pay to your orator 
 ' ' the damages sustained by your orator, by reason of the unlawful man- 
 ufacture of the said railroad wheels, by the said defendants, or the 
 profits made by them, by such manufacture and sale. 
 
 But now, so it is, may it please your honors, that the said defend- 
 ants have confederated to use the said improvement in the manufac- 
 ture of railroad wheels, without the license of your orator, and in 
 violation of his rights, do without his license, continue to use the 
 same, all which is contrary to equity and good conscience. 
 
ORIGINAL BILLS PRAYING RELIEF. 37 
 
 To the end, therefore, that the said defendants may, if they can, CH. II. 
 shew cause why your orator should not have the relief hereby prayed, 
 and may upon their several and corporal oaths, and according to the 
 best and utmost of their several and respective knowledge, remem- 
 brance, information, and belief, full, true, direct, and perfect answer 
 make to such of the several interrogatories hereinafter numbered and 
 set forth, as by the note hereunder written, they are respectively re- 
 quired to answer, that is to say : 
 
 1. Whether the said letters patent were granted and issued as above 
 stated ? 
 
 2. Whether the several grants, or assignments, to the several per- 
 sons hereinbefore mentioned, were made as is above stated ? 
 
 3. Whether the said action at law was commenced and prosecuted, 
 and the said verdict was recovered, as is above stated ? 
 
 4. Whether the said defendants have, at any time, and when, and 
 during what period of time, either severally, and each by himself, or 
 jointly, with any, and what other person or persons, manufactured or 
 sold any of said railroad wheels, and when, and whether or no the same 
 were not manufactured of substantially the same form, and in substan- 
 tially the same manner, as the said railroad wheels manufactured by 
 the said plaintiff, (your orator,) and how the same differed therefrom, 
 if at all ? 
 
 5. Whether or not such railroad wheels were manufactured or sold 
 for the use of the public generally, and if so, how much profit has been 
 realized therefrom, and how many, and what quantity of such wheels 
 have been manufactured or sold by the defendants, or either of the de- 
 fendants, and at what prices ? 
 
 And your orator further prays, that each of the said defendants may 
 be required to well and truly make answer separately to each and sev- 
 eral of the above noted interrogatories. 
 
 And that the said defendants may answer the premises, and that Prayer for 
 they may be decreed to account for and pay over to your orator all "^^ '^ ' 
 such gains and profits as have accrued to them from using the said im- 
 provement, since the issuing of the said letters patent ; and that they 
 may be restrained by an injunction issuing out of this Honorable Court, 
 or issued by one of your honors, according to the form of the statute 
 in such case made and provided, from manufacturing or selling any 
 more of the said railroad wheels, substantially the same in their con- 
 struction, as the said railroad wheels, manufactured by your orator, 
 according to the said letters patent ; and for such further or other re- 
 lief as the nature of the case may require and to your honors may 
 seem meet. 
 
 May it please your honors to grant unto your orator, not only a 
 writ of injunction conformable to the prayer of this bill, but also a 
 4 
 
38 EQUITY PKECEDBWTS. 
 
 CH. II. writ of subpoena, directed to George W. Sizer and Henry Sizer, and 
 commanding them, and each of them, to appear and answer unto this 
 bill of complaint, and to do and receive what to your honors shall seem 
 meet. 
 
 Xn. Bill by the assignee of a copyright to restrain an infringement. 
 
 To the Honorable, the Justices of the Circuit Court of the United 
 States for the District of Massachusetts : 
 
 Parties. C. C. Little, of Cambridge, in the said District, and J. Brown, of 
 
 Watertown, ifi the said District, both booksellers and publishers, trad- 
 ing in Boston, in the said District, as copartners, under the style and 
 firm of L. and B., bring their Bill against B. B. Muzzey, of Boston, 
 aforesaid, bookseller and publisher. 
 
 And thereupon your orators complain and shew urito your honors, 
 that in the year one thousand eight hundred and thirty, Octa'sius 
 Pickering, then of Boston, aforesaid, counsellor at law, composed. 
 Title of the and printed, and published a certain book, entitled, " Reports of Cases 
 to'the'book argued and determined in the Supreme Judicial Court of Massachu- 
 infringed. setts. By Octavius Pickering, Counsellor at law. Volume VIH : " 
 being the eighth volume of a certain series of books, commonly known 
 and called as Pickering's Reports : the title of which said book was 
 duly entered for the securing of the copyright thereof, by the said 
 Octavius Pickering, according to the act of Congress, on the twenty- 
 first day of June, in the year one thousand eight hundred and thirty, 
 in the Clerk's office of the District Court of the United States, for 
 Massachusetts District, as by the record of such entry remaining in 
 the said Clerk's office^ fuUy appears : and your orators aver, that there- 
 upon the said Octavius Pickering did all other acts iand things required 
 by law for the securing of his said copyright in the book aforesaid, and 
 continued, by his agents, duly authorized, to publish and sell the same 
 exclusively of all other persons, under the protection of the copyright 
 thus secured to him, until his assignment thereof, hereinafter men- 
 tioned. 
 
 And your orators further shew, that in the year one thousand eight 
 hundred and forty-one, the said Octavius Pickering, then of Boston, 
 counsellor at law, composed, and printed, and published, a certain 
 , other book, entitled, " Reports of Cases argued and determined in the 
 Supreme Judicial Court of Massachusetts. By Octavius Pickering, 
 Counsellor at Law. Volume XIX : " being the nineteentfi volume of 
 the same series of books commonly known and called as Pickering's 
 Reports, the title of which said book was duly entered, for the secur- 
 ing of the copyright thereof, by the said Octavius Pickering, accord- 
 
ORIGINAL BILLS PRATING RELIEF. 39 
 
 ing to the act of Congress, on the second day of August, in the year CH. H. 
 one thousand eight hundred and forty-one, in the Clerk's office of the 
 District Court of the United States for the District of Massachusetts, 
 as by the record of such entry remaining in the said Clerk's office 
 fully appears : and your orators aver, that thereupon, the said Octa- 
 vius Pickering did all acts and things required by law for the secur- 
 ing of his said copyright in the 'book last mentioned, and continued, 
 by his agents duly authorized, to publish and sell the same, exclu- 
 sively of all other persons, under . the protection of the copyright 
 thus secured to him, until the assignment thereof hereinafter men- 
 tioned. 
 
 And your orators further show, that afterwards, to wit, on the sixth 
 day of December, in the year one thousand eight hundred and forty- 
 four, the said Octavius Pickering, by his deed duly acknowledged and 
 recorded, sold, assigned, and conveyed unto your orators, all his right, 
 title, and interest in and to his said copyrights of both the books afore- 
 said, as by the record of the said deed remaining in the said Clerk's 
 office fully appears : and thereupon your orators, as proprietors of the 
 said copyrights, have continued to publish and sell the said books, ex- 
 clusively of all other persons, until the committing of the grievances 
 hereinafter complained of. 
 
 And your orators further shew, that in the year eighteen hundred 
 and forty-four, Theron Metcalf, of Boston, aforesaid, counsellor at law, 
 composed a certain other book, entitled, " Reports of Cases argued and 
 determined in the Supreme Judicial Court of Massachusetts. By 
 Theron Metcalf. Volume V." : and while the same stiU remained in 
 manuscript, to wit, on the nineteenth day of January, in the year last 
 aforesaid, the said Theron Metcalf, by his deed duly executed, sold, 
 assigned, and transferred to your orators, the manuscript of the said 
 book, with a right to take out a copyright in their own names. And 
 afterwards, to wit, on the eleventh day of March, in the year last 
 aforesaid, your orators having caused the said book to be printed, and 
 being about to publish the same, duly entered the title thereof, for the 
 securing of the copyright thereof, in their own names, as proprietors, 
 according to the act of Congress, in the Clerk's office of the District 
 Court of the United. States for Massachusetts District, as by the record 
 of such entry remaining in the said Clerk's office, fully appears : and 
 your orators aver that thereupon they did all other acts and things re- 
 quired by law, for the securing of their said copyright in the book last 
 aforesaid, and have continued to publish and sell the same, exclusively 
 of all other persons, under the protection of the copyright thus secured 
 to them, until the committing of the grievances hereinafter com- 
 plained of. 
 
 And your orators further shew, that the exclusive right to print. 
 
40 EQUITY PKBCBDENTS. 
 
 CH. n. publish, and sell the several books aforesaid, and the whole and every 
 part of the contents of each of them, was and is vested in your orators ; 
 that your orators have expended large sums of money in preparing 
 and printing editions of the said books, and have always had, and still 
 have, a sufficient number of copies of the same on hand for sale to. the 
 public at a reasonable price, and have always received, and still ought 
 to receive the profits thereof : • 
 
 Infringe- Nevertheless, the said B. B. M., contriving and intending to injure 
 
 ™ent. your orators, without the license or consent of your orators, on the 
 
 twenty-third day of December, in the year eighteen hundred and 
 forty-seven, at his shop in the city of Boston, published and exposed 
 to sale, and sold, and still continues to- expose to sale, divers, to wit, 
 fifty copies of a book entitled, (here insert the title of the book com- 
 plained of, verbatim) ; knowing the same had been printed without 
 the consent of your orators : which said book, so exposed to sale, 
 and sold by the said M., is a violation and infringement of the said 
 several copyrights of your orators, in that it contains from the three 
 hundred and twenty-ninth page thereof, to the three hundred and 
 thirty-sixth page thereof, inclusive, matter adopted, copied, and taken 
 verbatim, from the aforesaid book of your orators, called the fifth 
 volume of Metcalf's Reports, commencing with the words, "'Shaw, 
 C. J. This is a suit in Equity," and ending with the words, " dis- 
 tributed according to law ; " and, also, in that it contains, from the 
 four hundred and seventeenth page thereof, to the four hundred and 
 nineteenth page thereof, inclusive, other matter adopted, copied, and 
 taken verbatim from the aforesaid book of your orators, called the 
 nineteenth volume of Pickering's Reports, commencing with the 
 words, "Morton, J. When this case was before the Court," and 
 ending with the words, "judgment according to the Auditor's re- 
 port;" and, also, in that it contains from the four hundred and 
 twenty-fourth page thereof, to the four hundred and twenty-fifth 
 page thereof, inclusive, other matter adopted, copied, and taken ver- 
 batim from the aforesaid book of your orators, called the eighth 
 volume of I'ickering's Reports, commencing with the words, "Par- 
 ker, C. J., deHvered the opinion of the Court," and ending with the 
 words, " Judgment according to verdict ; " and, also, in that it con- 
 tains from the five hundred and fiftieth page thereof, to the five hun- 
 dred and fifty-third page thereof, inclusive, other matter, adopted, 
 copied, and taken verbatim from the aforesaid book of your orators, 
 called the fifth volume of Metcalf's Reports, commencing with the 
 words, " To the Honorable the House of Representatives," and end- 
 ing with the words, "Right to vote in any Town;" all which said 
 matter, so adopted, copied, and taken in the book, sold, and exposed 
 to sale, by the said M., was first published in the several books, 
 
ORIGINAL BILLS PRAYINO RELIEF. 41 
 
 the copyrights of which are now vested in your orators, as aforesaid ; ^^- ^^- 
 and the exclusive i-ight to publish and sell the same, and to take the 
 profits thereof, belongs to your orators by virtue of such copyrights. 
 
 And your orators further shew, that they are informed and believe, 
 that the said B. B. M. did not print the said book hereinbefore com- 
 plained of, but that the same was printed and published by certain 
 booksellers in Philadelphia, trading under the style and firm of 
 T. & J. W. J. : that, as soon as your orators were aware that the 
 said book was a violation and infringement of the said several copy- 
 rights of your orators, your orators wrote to the said T. & J. W. J. 
 the letter hereto annexed and marked A, to which your orators 
 crave leave to refer as part of this "bill, informing them thereof, and 
 that after your orators had thus complained to the said T. & J. W. J. 
 of this infringement, and informed them of your orators' intention 
 to pursue their legal remedy in the premises, the said T. & J. W. J. 
 consigned to the said M. for sale, or sold to the said M., the copies 
 of the said book so published, exposed to sale, or sold by the said 
 M., at his shop, as aforesaid. And your orators pray that the said M. 
 may discover and set forth, whether he received the said copies from 
 the said T. & J. W. J., and any letter or letters which he may have 
 received from the said T. & J. W. J. concerning them or the sale 
 thereof. 
 
 And your orators further shew, that in consequence of the said M. 
 having so exposed to sale and sold, and of his continuing to expose to 
 sale and to sell the book hereinbefore complained of, the sales of your 
 orators' said books have been hindered and rendered less in number 
 than they would otherwise have been ; and that your orators will suffer 
 a still greater dimunition of their sales, and a still greater loss of their 
 lawful and rightful profits on their said books, if the said book herein- 
 before complained of, shall continue to be sold, or exposed to sale, by 
 the said M., or any other person. 
 
 All which acts and doings of the said M. are contrary to equity and 
 good conscience, and tend to the manifest wrong and injury of your 
 orators in the premises. In consideration whereof, and forasmuch as 
 your orators are without adequate remedy, save in a Court of Equity, 
 your orators pray this Honorable Court to issue a writ of subposna in 
 due form of law, and according to the course of this Honorable Court, 
 directed to the said B. B. M., commanding him at a certain day, and 
 under a certain penalty to be therein specified, to appear before this 
 Honorable Court, to answer upon oath all and singular the matters 
 and things hereinbefore set forth and complained of, and esjpecially to 
 answer and set forth, 
 
 1. Whether he has sold any and how many copies of the said book 
 4 * 
 
42 
 
 EQUITY PRECEDENTS. 
 
 CH. II. 
 
 Interroga- 
 tories. 
 
 Prayer. 
 
 hereinbefore complained of, and at what prices, and how many copies 
 thereof he has now on hand ? 
 
 2. "Whether the said book does not contain matter adopted, copied, 
 and taken verbatim from the said eighth and nineteenth volumes of 
 Pickering's Reports, and the said fifth volume of Metcalf's Reports, 
 as hereinbefore specified and described ? 
 
 3. Whether your orators are not the proprietors of the several 
 copyrights of the said eighth and nineteenth volumes of Pickering's 
 Reports, and the said fifth volume of Metcalf's Reports. 
 
 And that the said M. may be restrained by injunction from .selHng, 
 or exposing to sale, or causing, or being in any way concerned in the 
 selling, or exposing to sale, or otherwise disposing of any other copy 
 or copies of the book hereinbefore complained of; and that he 
 be ordered to render an account of the copies of the same that have 
 been sold, and to pay over the profits of such sales to your orators ; 
 and that he be ordered to surrender and deliver up to your orators, 
 all the copies of the said book that he has on hand, and be decreed 
 to pay to your orators their costs in this suit ; and that the exclusive 
 right and privilege of your orators to print, pubhsh, and sell their 
 said books, and the matters hereinbefore charged to have been 
 piratically taken from them as aforesaid, may be established, and that 
 your orators may have such other and further relief in the premises 
 as to this Honorable Court may seem meet, and as the nature and 
 circumstances of the case may require. 
 
 Xin. Bill by the author and proprietor of a copyright, to restrain an 
 
 infringement. 
 
 To the Honorable the Judges of the Grcuit Court of the United 
 States, for the District of Massachusetts. 
 
 Parties. 
 
 F. E., of Boston, in the State of Massachusetts, Esquire, a citizen 
 of the said State, brings this, his bill against C. D., of New Tork, in 
 the State of New Tork, Gentleman, and a citizen of the said State of 
 New Tork, and A. S. B. of Philadelphia, in the State of Pennsyl- 
 vania, bookseller, and a citizen of said State of Pennsylvania, the 
 said D. and B. being partners in trade, jointly negotiating in the 
 business of booksellers, under the firm of A. S. B. and Company, of 
 Philadelphia aforesaid. 
 
 And thereupon your orator complains and says, that he is a citizen 
 of the United States, and is the author and proprietor of a certain 
 book, entitled " Emerson's First Part, The North American Arith- 
 
ORIGINAL BILLS PRATING RELIEF. 43 
 
 metic, Part First, containing Elementary Lessons, by Frederic Em- CH. II. 
 erson," and that on the twenty-eighth day of August, in the year of 
 our Lord one thousand eight hundred and twenty-nine, certain per- Plaintiff's 
 sons doing business under the firm of Lincoln & Edmands, to wit, autho^of 
 Ensign Lincoln and Thomas Edmands, both citizens of the said *.e book in- 
 United States, and resident in said District of Massachusetts, pub- 
 lished the above-mentioned book, composed by your orator, who, at 
 the same time, for a good and valuable consideration to him paid by 
 said Lincoln and Edmands, did by his agreement in writing, agree 
 with them, that they should, as hereinafter mentioned, be the exclu- 
 sive proprietors and publishers of said work, and take out a copyright 
 in their names for the same, a printed copy of the title of which 
 book the said Lincoln and Edmands, on the twenty-eighth day of 
 August, A. D. eighteen hundred and twenty-ninp, they being then 
 and there such exclusive proprietors of said book, and solely entitled 
 to a copyright of the same, deposited in the oifice of the Clerk of 
 the District Court of the United States for the said District of Massa- 
 chusetts, before the said book had been published, which title was 
 on that day recorded in the said oifice of the Clerk of said District 
 Court, and the said Lincoln and Edmands caused to be published 
 and inserted in the page immediately following the title-page of 
 said book, a copy of the record of the certificate of the Clerk of the 
 said District Court of the United States, that the title of said book 
 had been deposited in the office of said Clerk on the day last afore- 
 said ; and within two months from the date of said certificate, said 
 Lincoln and Edmands caused a copy thereof to be published in a 
 newspaper printed in Boston, in said District, for the space of four 
 weeks, and within six months from the publication of said book, 
 caused a copy of the same to be delivered to the Secretary of State 
 of the United States, to be preserved in the office of said Secretary, 
 and took all the measures and steps required by law for securing said 
 copyright ; and by, and in virtue of the Statutes of the United 
 States, they, the said Lincoln and Edmands, and their assigns, have 
 had the lawful and exclusive right of publishing said book, from the 
 time of the date of said certificate, until and at the filing of this 
 Bill. 
 
 !A.nd your orator further shews, that on the 17th day of February, 
 in the year of our Lord 1835, by a certain assignment, in writing, 
 of that date, for a good and valuable consideration, the said Thomas 
 Edmands and one Charles D. Gould, administrator of the said Ensign 
 Lincoln, then deceased, conveyed and assigned to your orator, aU 
 their, the said Lincoln and Edmands' right, interest, and property in 
 the said book, and the copyright thereof, and your orator thereby 
 became the sole legal proprietor of said copyright, and ever since the 
 
44 EQUITY PRECEDENTS. 
 
 CH. II. date last aforesaid, has been, and now is, such sole proprietor, having 
 the sole and exclusive right of printing, publishing, and exposing to 
 sale, and selling copies of the said work sts aforesaid. 
 
 And your orator further says, that afterwards, to wit, in the year 
 of our Lord eighteen hundred and thirty-eight, he revised and 
 amended his said book, and in the same year took out a copyright 
 thereof in his own name, he being then and there the author and 
 exclusive proprietor of the said book, and of the said revisions and 
 amendments thereof; which said revised and amended book was 
 entitled " Emerson's First Part, The North American Arithmetic, 
 Part First, For Young Learners. By Frederic Emerson." 
 
 And your orator further says, that before the publication of the 
 said revised and amended book, he deposited a printed copy of the 
 said title thereof, in the Clerk's Office of the District Court of the 
 said District of Massachusetts, and did, within three months from 
 the publication thereof, cause to be dehvered. a copy of the same 
 book to the said Clerk, and did also give information of the copy- 
 right thereof being secured by causing to be inserted in the several 
 copies of the same, on the page immediately following the title-page 
 thereof, the following words, to wit : " Entered according to Act of 
 Congress, in the year 1838, by Frederic Emerson, in the Clerk's 
 Office of the District Court of the District of Massachusetts." 
 
 And your orator further says, that the purpose of both the said 
 editions of his said book, is to teach children the elements of Arith- 
 metic, and that the plan of the lessons therein contained, is his own 
 invention ; and that in the execution of his said plan, he has arranged 
 a certain set of tables, in the form of lessons, and the said D. and B., 
 in the construction of a book, hereinafter mentioned, purporting to be 
 composed by said D., have adopted the same arrangement, and of the 
 same tables, and have published the same in their said work, herein- 
 after mentioned. 
 Infringe- And your orator, in his said book, has also arranged a gradation 
 
 of examples to preqpde each table, in such manner as to form with 
 the table, a peculiar and symmetrical appearance of each page, and 
 the said D. and B., in their said book, have adopted the same 
 arrangement, giving the Lessons of the said D.'s book a similar 
 appearance, page for page, to those of the said E.'s book ; .and 
 farther, that your orator, in his said book, illustrated his Lessons by. 
 attaching to each example Unit Marhs, representing the numbers 
 embraced in the example, which said method of illustration is his 
 own invention ; and the said D. and B. have also, in the said book 
 of said D., adopted this method of illustration, in divers lessons con- 
 tained in said work. 
 
 All which will appear by a reference to, and comparison of certain 
 
ORIGINAL BILLS PRAYING RELIEF. 45 
 
 pages of your orator's book aforesaid, and the said several editions CH. II. 
 thereof, with certain pages in the said book of said D., to wit : And 
 your orator further shews, that he, being the lawful proprietor of 
 said book, called "Emerson's First Part," and the said copyright 
 thereof, and in possession of the same, and having divers copies 
 of said books on hand, and offered for sale, at a reasonable price, 
 and always having had on hand and offered for sale, at a reason- 
 able price, a sufficient number of copies of said book, and being 
 in the enjoyment of the profits of the same, the said C. D. and 
 A. S. B., on the 20th day of February, in the year of our Lord, 1843, 
 without the consent and allowance of your orator, exposed to sale, 
 and sold fifty copies of the said work, purporting to have been com- 
 posed by said D., and have at divers times before and since that 
 day, exposed to sale and sold, divers, to wit, 1000 copies of the 
 same work, and still have on hand, and offer for sale, copies of the 
 same, the said work being entitled " First Lessons in Arithmetic, 
 designed for Beginners. By C. D.," 'which said last mentioned work, 
 in divers parts thereof, as hereinafter specified, is adopted from the 
 book first above mentioned, composed by your orator, and the print- 
 ing and selling thereof, and the exposing of the same to sale, are in- 
 fringements of the said copyright of your orator. 
 
 And the said D. and B., at the time of making such sales, and 
 of exposing to sale the said copies of said work of said D., knew 
 that your orator was the author and proprietor of said " Emerson's 
 First Part," and that he had the copyright aforesaid, and they knew 
 the said copies by them so sold, and exposed to sale, to have been 
 copied from the said work of your orator ; and knew that the printing, 
 exposing to sale, and selling the same, without the consent of your 
 orator, was an infringement of such copyright ; and knew the said 
 copies by them so sold and so exposed to sale, to have been printed 
 and published without the consent of your orator. 
 
 And your orator further shews that the said work of said D. is 
 copied and pirated from that of your orator, and is an infringement 
 of your orator's copyright in the particulars hereinbefore set forth 
 and specified. 
 
 And your orator further shews,^ that in consequence of the said 
 D. and B. having, so exposed to sale, and sold the said work of said D., 
 the sales of your orator's book have been hindered and rendered less 
 in number than they would have been had not the said D. and B. so 
 exposed to sale and sold said pirated work. {Pray subpcena and in- 
 jwiction, as in the precedent, ante, p. 42.) 
 
CH. II. 
 
 46 EQUITY PRECEDENTS. 
 
 IV. 
 
 Bills by Creditors for Payment of Debts. 
 
 XIV. Bill by simple contract creditors against the executors of the deceased 
 debtor, for payment of his debts. 
 
 Humbly complaining shew unto your honors your orator, W. B. 
 
 of, &c. and C. D. of, &c. creditors by simple contract of J. F. late 
 
 of, &c. deceased, on behalf of themselves and all other the creditors 
 
 Statement °^ ^^^ ^^'^ J- ^' '^^'^ ^^^^^ come in and seek relief by and contribute 
 
 of the debts to the expense of this suit, that the said J. F. at the time of his 
 
 plaintiffs, death was justly and truly indebted unto your orator W. B. in the 
 
 sum of $ and upwards, for goods sold and delivered, and 
 
 moneys paid, laid out, and expended to and for his use, and that the 
 said J. F. was also justly and truly indebted to your orator C. D. in 
 
 the sum of $ and upwards, for, &c. And your orators 
 
 further shew unto your honors, that the said J. F. in his lifetime, 
 
 and at the time of his death, was possessed of, or well entitled unto 
 
 Death of a considerable personal estate, and being so possessed, departed this 
 
 the testator, jjfg ^^ ^j, about having first duly made his last will, bearing 
 
 His will, date, &c. and thereby appointed J. M. and C. S. (the defendants 
 
 hereinafter named) the executors thereof, as in and by the said will, 
 
 or the probate thereof, to which your orators crave leave to refer 
 
 Probate by when produced to this Honorable Court will appear. And your 
 
 the exeou- orators further shew unto your honors that the said J. M. and J. S. 
 
 duly proved the said will in the proper Court, and undertook the 
 
 executorship thereof, and possessed themselves of the personal estate 
 
 and effects of the said testator to a very considerable amount, and 
 
 more than sufficient to satisfy his just debts and funeral expenses. 
 
 And your orators further shew unto your honors that the said J. M. 
 
 , ,. and C. S. having possessed themselves of the said testator's personal 
 
 tions to the estate and effects as aforesaid, your orators have made and caused to 
 
 ° ' be made several applications to them the said J. M. and C. S. and 
 
 i-equested them to pay and satisfy unto your orators their respective 
 
 demands, with which just and reasonable requests your orators well 
 
 hoped that the said J. M. and C. S. would have complied as in justice 
 
 Pretence and equity they ought to have done. But now so it is, &c. (see form 
 
 personates--^"- 20, p. 4.) And the said defendants pretend that the said testa- 
 
 tate is ex- tor's personal estate was small and inconsiderable, and hath already 
 
 hausted. ,, ,.', ni.,. 
 
 Charge "®®" exhausted m the payment of his funeral expenses and just 
 
 that it was debts. Whereas your orators charge that the said testator's personal 
 
 more than :, re , ™, . 
 
 sufficient to estates and effects were more than sufncient to discharge all his just 
 aU tSr^^ debts and funeral expenses, and so it would appear if the said defend- 
 debts, &o. ants would set forth a full, true, and particular account of ull and 
 
ORIGINAL BILLS PRAYINa RELIEF. 47 
 
 every the personal estate and effects of the said testator come to their CH. II. 
 or either of their hands or use, and also a full, true, and particu- 
 lar account of the manner in which they have disposed of or applied player, 
 the same, but which they refuse to do. All which actings, &c. {see 
 form No. 22, p. 5, interrogating to the stating and charging parts.) 
 And that an account may be taken of the moneys due to your orators 
 in respect of their said several demands, and of other the debts owing 
 by the said J. F. at the time of his death ; and that if the said 
 defendants shall not admit assets of the said testator, then that an 
 account may also be taken of the personal estate and effects of the 
 said testator possessed or received by or by the order or for the use 
 of the said defendants, or either of them, and that such personal 
 , estate may be applied in a due course of administration. And that 
 your orators and the said other unsatisfied creditors by simple con- 
 tract of the said testator may have such further or other relief in the 
 premises as to your honors shall seem meet, and the circumstances of 
 this case may require. May it please, &c. (see form No. 26, p. 6.) 
 Pray suhpcena against J. M. and G. S. 
 
 Debts due 
 
 XV. Bill by simple contract creditors against the executor, &c., for pay- 
 ment of debts, and marshalling assets. 
 
 Humbly complaining shew unto your honors your orators, A. B. 
 and C. D. of, &c. (creditors of S. M., late of, &c. deceased,) on 
 behalf of themselves, and all other unsatisfied creditors by simple 
 contract of the said S. M., who shall come in and contribute to the 
 expense of this suit. That the said S. M. was in his lifetime, and 
 at his death, indebted to your orators, as copartners, in the sum fVomthe" 
 
 of $ , for business done by your orators for him, as his '^^'^?™ ^' 
 
 agents. And the said S. M. was also, at his death, indebted to sev- his death. 
 eral other persons by simple contract or otherwise, in several other 
 sums of money. And your orators further shew unto your honors, that 
 the said S. M. was, in his lifetime, and at the time of his decease, 
 
 seised in fee simple of divers real estates, situate at , (subject, 
 
 as it is alleged, to an annuity of $ payable to E. the wife of I. C. 
 
 of, &c. who, together with her said husband, are two of the defend- 
 ants hei-einafter named) ; and was also possessed of considerable '^]}^ °^ 'J^^ 
 ; , debtor, de- 
 
 personal estate, and being so seised and possessed, duly made and vising and 
 
 published his last will and testament in writing, bearing date the jn^gSand 
 
 day of , (executed by him the said S. M., and attested personal 
 
 6St9it6 3iS 
 
 in such manner as by law is required for devising real estates,) therein^ 
 whereby he devised all his said real estates to the said E. C. then "JfJr'^ed^'^' 
 E. F., for her life, with remainder to E. B. of, &c. (another defend- witli the 
 ant hereinafter named) then, and now an infant under the age of debts. 
 
48 EQUITY PRECEDENTS. 
 
 CH. II. twenty-one years, his heirs and .assigns forever ; and the said testator 
 thereby gave all his personal estate, after payment of his funeral and 
 testamentary expenses and debts, with which he charged all his said 
 personal and real estates, to the said I. C, who he thereby appointed 
 sole executor of his said will, as by the said will and the probate 
 copy thereof respectively, reference being thereunto had, will more 
 Death of fully appear.' And your orators further shew unto your honors, that 
 testator, ^.jjg g^^j^j testator departed this life on or about , without alter- 
 ing or revoking his said will, leaving I. M. of, &c. another defendant 
 hereinafter named, his uncle and heir-at-law, and also leaving the 
 said E. C., then E. F., and I. C. him. surviving ; and the said I. C. 
 Proof of his soon after the decease of the said testator, duly proved the said 
 ^' ■ will in the proper Court, and took upon himself the execution 
 ^f tvf^t'"" thereof, and under and by virtue of such probate, possessed him- 
 tator's per- self of all, Or most of the personal estate of the said testator. And 
 tate and joui" orators further shew unto your honors, that the said E. C. 
 entry upon upon, or soon after the death of the said testator, entered upon, and 
 tate. took possession of all his said real estates, and continued in posses- 
 Marriage of sion thereof, until her marriage with the said I. C. (which happened 
 oflhe real^ some time ago,) and, ever since that time, the said I. C. in right of 
 estate and the said E. C. hath been, and now is, in the possession or receipt of 
 tof. the rents and profits of all the said estates devised to the said E. C. 
 The testa- for her life. And your orators further shew unto your honors, that 
 stTfun- ^ the whole of your orators' said debts remain due and owing to them 
 paid. respectively, and they have therefore frequently requested the said ' 
 Applica- !• C. to account with your orators, and such other unsatisfied credi- 
 tions. tors as aforesaid, for the personal estate of the said testator, and to 
 apply the same in payment of their respective demands ; and your 
 orators hoped that the said personal estate would have been duly 
 applied towards payment of the said debts, so far as the same would 
 extend, and that any deficiency therein would have been supplied- 
 out of the said real estate : But now so it is, may it please your 
 honors, the said J. C. combining with the said E. his wife, R. B. and 
 I. M., (charge confederacy as in form No. 20, p. 4,) has absolutely 
 refused to pay any part of the said debts due to your orators as 
 th'e ins°uffi- aforesaid, or the demand of such other unsatisfied creditors as afore- 
 th™tSta^ said, pretending that all the said testator's personal estate received 
 tor's per- . by him was not sufficient to satisfy the bond, and other specialty 
 fOT^ay-*"'^ debts owing by the said testator, at the time of his death ; and that 
 ment of his he hath applied the same in discharge of such debts. Whereas 
 debts. ^ your orators charge, that the said testator's personal estate was more 
 Charge of ^^^^ sufficient to satisfy all his funeral and testamentary expenses 
 the suffi- and debts, as well those by specialty as by simple contract, and that 
 thereof; it would SO appear, if the said L C. would set forth such account 
 
ORIGINAL BILLS PRATING RELIEF. 49 
 
 thereof as hereinafter required, but which he refuses to do ; and CH. II. 
 your orators further charge, that if the said personal estate be insuffi- 
 cient for the payment of the specialty and simple contract debts of 
 the said testator, then that the said specialty debts ought to be paid but if rot, 
 out of the said testator's real estates ; and if the said personal estate, ef"iVTd 
 or any part thereof, has been applied in payment of any such specialty be mar- 
 debts, then that your orators, and the other creditors by simple con- 
 tract of the said testator, are entitled in equity to stand in the place 
 of such specialty creditors against the said real estates, and to have 
 a satisfaction thereout, for so much of the personal as has been, or 
 shall be exhausted by payment of such specialty debts, and to have 
 the said real estates, or a sufficient part thereof sold for that purpose, 
 and also for the purpose of supplying any deficiency in the said per- 
 sonal estate, for the payment of any of the debts so charged by the 
 said testator on his said real and personal estate as aforesaid : But 
 the said I. C. and E., his wife, not only refuse to join in any such sale, 
 but tlie said I. C. in right of the said E., his wife, claims to be inter- 
 ested in the said real estates, under the said devise thereof, unto 
 the said E. C. for her life, and also on account of the said annuity 
 
 of $ payable to the said E. C. as aforesaid, and oppose a sale 
 
 of any part thereof, for the purposes aforesaid. And the said E. B. 
 alleges that he is an infant, and therefore cannot join in any such 
 sale as aforesaid ; and the said I. M. as heir-at-law of the said testa- 
 tor, disputes the validity of the said will, and refuses his concurrence, 
 if necessary, in any such sale as aforesaid. (Interrogate to the mate- 
 rial parts of the statement and charges of this bill.) And that the Discovery, 
 said defendants I. C. and E., his wife, may set forth in manner 
 aforesaid, a particular rental or account, of all and singular the 
 real estates of which the said S. M. was seised of or entitled to 
 at the time of his death ; and where the same and every part thereof 
 are, or is situate, and to whom let, and at what yearly, or other rent 
 or rents ; and also a particular account of the rents and profits of 
 the said estates, received by or for the use of them, or either of 
 them, since the death of the said testator. And that the said defend- 
 ant I. C. may also set forth an account of the said testator's per- 
 sonal estate, and the amount and particulars thereof possessed by 
 him, and what part thereof is now in his hands, and how much 
 thereof has been disposed of by him in payment of the said testa- 
 tor's funeral and testamentary expenses and debts ; and what debts, 
 and to what amount, still remain unsatisfied; and whether they 
 are debts by simple contract or specialty. And that an account Prayer. 
 may be taken, by and under the decree of this Honorable Court, of 
 the said debt so due to your orators as such copartners as aforesaid, 
 and of all other debts which were owing by the said testator at the 
 
50 EQUITY PRECEDENTS. 
 
 CH. II. time of his death, and which still remain unpaid. And that an 
 account may also be taken of the said testator's personal estate and 
 effects received by, or for the use of the said I. C. as such executor 
 as aforesaid ; and that the personal estate and effects of the said tes- 
 tator may be applied in payment of his said debts in a due course of 
 administration : And that so much thereof as shall remain, after 
 payment of the said testator's debts by specialty, may be applied in 
 or towards the payment of the said debt so due to your orators as 
 aforesaid, and the debts, of all other unsatisfied creditors of the said 
 testator, by simple contract, who shall come in and contribute to 
 the expense of this suit, in proportion to their respective demands ; 
 and in case it shall appear, that the whole, or any part of the said 
 testator's personal estate, has been exhausted, or applied in or towards 
 the payment of his specialty debts, and that the residue thereof is 
 not sufficient to answer the debts of your orators, and the said testa- 
 tor's other debts on simple contract ; then that it may be declared 
 that your orators and the other creditors by simple contract of the 
 said testator, ought to stand in the place of the said testator's credi- 
 tors by specialty, who have had, or shall have a satisfaction for 
 their debts out of the said personal estate, and may have satisfaction 
 out of the said real estate for so much of their respective debts as 
 his personal estate shall be deficient to answer, by reason of the same 
 having been exhausted or applied, in or towards the payment of his 
 debts by specialty ; and that the same may be decreed accordingly ;■ 
 and that the said real estates may be sold or mortgaged for that pur- 
 pose ; and that all proper parties may be decreed to join in such sale 
 or mortgage, and that the money to arise from such sale or mortgage 
 may be paid to your orators and the said other creditors by simple 
 contract accordingly. And that your orators and the said other 
 unsatisfied creditors by simple contract of the said testator, may have 
 such further and other relief in the premises as to your honors 
 may seem meet, and the circumstances of this case require. May it 
 please, &c. (^End hy praying process of subpoena, as inform No. 26, 
 p. 6, against I. O. and E. his wife, R. B. and 1. M.) 
 
 XVI. Bill by the holders of certain bills of exchange, in behalf of them- 
 selves and other creditors, to enforce a trust against certain assignees of 
 the drawers. 
 
 To the Honorable the Justices of the Supreme Judicial Court : 
 
 Parties. J. B., W. S., J. B., Jr., and S. H., all of Boston, in the County of 
 
 Suffolk, merchants and copartners in business under the firm of B. S. 
 
ORIGINAL BILLS PRAYING RELIEF. 51 
 
 and Company, as well in behalf of themselves as all others, the hold- CH. 11. 
 ers and just owners of the several drafts, notes and bills of exchange 
 mentioned in the schedule annexed to a certain agreement under seal 
 hereinafter described, humbly complaining shew unto your honors, 
 that C. R., and J. S. E., both of New Bedford, in the County of Origin of 
 Bristol, merchants and copartners in business, under the firm of §g^™ ' 
 C R. and Son, on the ninth day of September, in the year of our 
 Lord one thousand eight hundred and thirty-three, drew their draft or 
 bill of exchange, the date whereof was the day and year aforesaid, 
 and directed the same to certain persons doing business in Boston at 
 that time, under the name and style of R. T. and Company, and 
 therein and thereby commanded the said R. T. and Company, six 
 months after the date aforesaid, for value received, to pay to the order 
 of B. M., the sum of three thousand dollars, and the said persons 
 upon whom the said bill of exchange was drawn, as aforesaid, on 
 the ninth day of November, in the year aforesaid, duly accepted the 
 same, according to the tenor thereof; and the said B. M. afterwards, 
 on the day last aforesaid, by his indorsement on the said bill of ex- 
 change, ordered the contents thereof, for value received, to be paid 
 to your orators, whereof the said C. R. and J. S. R. thereafterwards 
 had notice ; and your orators further shew that at Boston aforesaid, 
 on the twelfth day of March, in the year of our Lord one thousand 
 eight hundred and thirty-four, when and where the said biU of 
 exchange was due and payable, they presented the same to the said 
 R. T. and Company, and then and there demanded the payment 
 thereof, which the said R. T. and Company, then and there refused, 
 and of their said refusal your orators on the same day last aforesaid, 
 gave notice to the said C. R., the surviving partner of said firm, who 
 were the drawers of the said bill at New Bedford aforesaid, the said 
 J. S. R. having before then deceased, who thereby then and there 
 became liable to pay the contents of the said bill to your orators, 
 but hath never paid the same, and the same continues still due and 
 unpaid. 
 
 And your orators further shew that the said C. R. and J. S. R. at 
 said Boston, on the ninth day of September, in the year eighteen 
 hundred and thirty-thre'e, drew their other draft, or bill of exchange, 
 the date whereof is the day and year aforesaid, and directed the 
 same to the said R. T. and Company, and therein and thereby eom- 
 manded them, seven months after the date thereof, for value received, 
 to pay to the order of B. M., the sum of three thousand dollars, and 
 the said R. T. and Company, afterwards, on the ninth day of Novem- 
 ber, in the year last aforesaid, duly accepted the said bill of exchange, 
 according to the tenor thereof ; and the said M. afterwards, on the 
 day last aforesaid, by his indorsement on the said bill, for value 
 
52 EQUITY PRECEDENTS. 
 
 ^^- H- received, ordered the contents thereof to be paid to your orators, 
 whereof the said C. and J. S. R. thereafterwards had notice ; and 
 your orators further shew that on the twelfth day of April, in the 
 year eighteen hundred and thirty-four, at Boston aforesaid, when and 
 where the said bill was due and payable, they presented the same to 
 the said R. T. and Company, and then and there demanded payment 
 thereof, which the said R. T. and Company, then and there refused ; 
 and of their said refusal, your orators on the same day last aforesaid, 
 gave notice to the said C. R., surviving partner of the said firm, at 
 New Bedford aforesaid, who thereby then and there became liable to 
 pay the contents of the same bill to your orators, but hath never paid 
 the same, and the same still continues due and unpaid. 
 menf°bv -^^^ your orators further shew unto your honors, that the said 
 the debtors C. R. and J. S. R. on or about the twenty-sixth or twenty-seventh 
 of the de- day of December, in the year eighteen hundred and thirty-three, 
 fendants. granted and conveyed to J. R., J. A. P., J. G., and W. R. R., all of 
 New Bedford aforesaid, merchants, jointly or severally, sundry par- 
 cels of land, and sundry ships and other vessels, and divers merchan- 
 dises, all of great value, namely, of the value of one hundred and 
 twenty-eight thousand dollars and upwards ; in consideration whereof, 
 the said R., P., G., and R., gave to the said C. and J. S. R. their 
 joint promissory notes, in manner following, namely, one promissory 
 note dated the twenty-eighth day of December aforesaid, for the sum 
 of thirty-eight thousand eight hundred and fifty-one dollars and eighty- 
 six cents, payable at the Bedford Commercial Bank, a corporation 
 duly established, and doing business in New Bedford, in six months 
 from the said date ; another promissory note, dated the said twenty- 
 eighth day of December, for the sum of thirty-eight thousand eight 
 hundred and fifty-one dollars and eighty-six cents, payable at the Mer- 
 chants' Bank, a corporation duly established, and doing business in 
 New Bedford, in six months from the said da'te ; another promissory 
 note, dated the said twenty-eighth day of December, for the sum of 
 twenty-nine thousand one hundred and thirty-eight dollars and ninety 
 cents, payable at the Marine Bank, a corporation duly established, and 
 doing business at New Bedford, in six months from the said date ; and 
 one other promissory note, dated the said twenty-eighth day of Decem- 
 ber, for the sum of nineteen thousand four hundred and twenty-five 
 dollars and ninety-four cents, payable at the Mechanics' Bank, a corpo- 
 ration duly established, and doing business at New Bedford, in six 
 months from the said date : it being provided, however, in each of said 
 notes, that if it should thereafterwards appear that any incumbrance 
 Was then existing upon any portion of the real or personal estate con- 
 veyed to the said R., P., G., and R., by the said C. and J. S. R., or 
 either of them, by deeds or bills of sale bearing date the twenty- 
 
ORIGINAL BILLS PEAYING RELIEF. 63 
 
 sixth or twenty-seventh day of December, then current, a certain CH. II. 
 specified proportion of the amount of such incumbrance should be 
 indorsed on each of said notes, as will more fully appear, by refer- 
 ence to the said notes, which your orators pray may be produced 
 by the defendants, or some of them, and exhibited to your honors in 
 Court. 
 
 And your orators further shew unto your honors, that the said C. 
 and J. S. E. were indebted unto the said R. T. and Company, in 
 the sum of ten thousand dollars, and were also indebted to divers 
 other persons, (among whom were and still are your orators, for the Trust crea- 
 amount of the aforesaid two several drafts or bills of exchange,) debtors. 
 upon divers notes, drafts, and acceptances, all which they, the said 
 C. and J. S. R. were desirous to provide for and discharge, and for 
 this purpose and end, the said C. and J. S. R. did, on or about the 
 twenty-eighth day of December aforesaid, indorse the said four 
 promissory notes, and did deposit one of them in each of the said 
 Banks, whereat by the terms and tenor thereof, it was made payable 
 as aforesaid ; and did duly authorize and empower the said corpora- 
 tions, respectively, to collect and receive the amount of said note so 
 indorsed and delivered over to them ; and the President, Directors, 
 and Company of the Merchants' Bank, and the President, Directors, 
 and Company of the Marine Bank, and the President, Directors, 
 and Company of the Mechanics' Bank, by an instrument in writing, 
 bearing date the said twenty-eighth day of December, and sealed 
 with their respective seals, which your orators pray may be produced 
 by the defendants, or some of them, and exhibited to your honors in 
 Court, did covenant and agree to and with the said C. R. and J. S. R. 
 and their assigns, that they would pay to the said R. T. and Com- 
 pany, the said sum of ten thousand dollars, and that they would 
 pay, take up, and discharge all the notes, drafts, and acceptances, 
 upon and for which, the said C. R. and J. S. R. were holden or 
 liable, which were mentioned in a schedule annexed to the said 
 instrument, at the time they should respectively become payable, 
 provided that no indorsement should be made on the said notes of 
 the said R., P., G., and R., by reason or on account of any existing 
 incumbrance upon the property before referred to, — and if such in- 
 dorsement should be made, then the said corporations agreed that 
 they would pay, take up, and discharge the said notes, drafts, and 
 acceptances, excepting such an amount of them as shall equal the 
 amount of such indorsement ; and as it was possible that the said 
 Banks, or some of them, might then hold one or more drafts or notes 
 upon which the said C. and J. S. R., or one of them is, or are prom- 
 isors or acceptors, and which might have been unintentionally omitted 
 in the said schedule, it was further provided in the said instrument, 
 5* 
 
54 
 
 EQUITY PKBOBDENTS. 
 
 CH. II. that the said Bank or Banks, holding such draft or notes, should in 
 the first instance receive the amount due upon the said notes or drafts, 
 and that the amount of such drafts or notes should be deducted from 
 the sum to be paid upon the notes, drafts and acceptances in the said 
 schedule, mentioned by the said banking companies ; and your orators 
 further shew, that by means of the said acts and doings by the said 
 defendants, or some of them, a trust has arisen and been created in 
 favor of your orators, and all others, the holders and just owners of 
 the several drafts, notes, and bills of exchange in the said schedule 
 mentioned, whereby your orators should have and receive from the 
 said banking companies, the amount justly due to them by reason and 
 on account of the said two drafts or bills of exchange held by them, 
 drawn by the said C. R. and Son, upon the said R. T. and Company, 
 for the sum of three thousand dollars each as aforesaid, which two 
 drafts were intended to be and are contained in the said schedule of 
 notes, drafts, and acceptances, though by accident and mistake, the 
 same are not accurately described as to the dates and term of credit 
 thereof ; and which two drafts were intended by the said C. and 
 J. S. R., and by the said banking companies, to be secured and pro- 
 vided for by the transfer and deposit of the notes of the said R., P., 
 G., and R., subject nevertheless to the deductions aforesaid, propor- 
 tionably to be made ; and your orators further shew, that both of the 
 said drafts are due and payable, and payment thereof has been de- 
 manded by your orators of the said banking companies, who have 
 refused to pay the same. 
 
 But now, so it is, may it please your honors, that the said Presi- 
 dent, Directors, and Company of the Bedford Commercial Bank, the 
 President, Directors, and Company of the said Merchants' Bank, the 
 President, Directors, and Company of the said Mechanics' Bank, the 
 President, Directors, and Company of the said Marine Bank, com- 
 bining and confederating with the said C. R., and with the said J. R., 
 J. A. P., J. G., and W. R. R., and with divers other persons at pres- 
 ent unknown to your orators, whose names when discovered, your 
 orators pray that they may be at liberty to insert herein with apt 
 words to charge them as parties defendants hereto, and contriving how 
 to wrong your orators in the premises, absolutely refuse to perform 
 the said trust towards your orators, and absolutely refuse to pay the 
 two drafts aforesaid, or either of them, or any part thereof, or to ac- 
 count with your orators for any part of the moneys received by them 
 from the said R., P., G., and R., sometimes pretending that your ora- 
 tors' two drafts aforesaid, are not mentioned and contained in the said 
 schedule, and were not intended to be secured and provided for by 
 the transfer and deposit of the notes of the said R., P., G., and R., 
 and sometimes they pretend that, by reason of indorsements made on 
 
 Confed- 
 eracy. 
 
 Pretences. 
 
ORIGINAL BILLS PRATING RELIEF. 55 
 
 the said notes, on account of incumbrances which have been discov- CH. II. 
 ered since the execution thereof to exist on the said real and personal 
 estate, or on some of it, the whole, and at other times they pretend a 
 large part, of the amount of the said notes, of the said R., P., G., and 
 E., has been cancelled and discharged, and hath not been received by 
 them, the said Banks ; and at some times they pretend that the whole, 
 and at othef times a large part of the amount then admitted to have 
 been received by them from the said ,E., P., G., and R., has been 
 applied by them, the said banking companies, to the liquidation and 
 payment of sundry notes and drafts, of which the said C. and J. S. R., 
 or one of them, are the promisors or acceptors, which are held by 
 them, the said Banks, or by some or one of them, and were uninten- 
 tionally omitted to be mentioned in the said schedule ; and sometimes 
 they pretend that they have already paid out all the moneys ever 
 received by them from the said R., P., G., and R., to the holders of 
 the draft notes, and acceptances, or some of them, which are con- 
 tained in the said schedule, and again at other times, they pretend 
 that all the notes, drafts, and acceptances mentioned in the said sched- 
 ule, are just debts due from the said C. and J. S. R., or one of them, 
 and are all other than and different from the two drafts held by your 
 orators ; and that the said drafts, notes, and acceptances, are sufficient 
 to take up and absorb all the moneys, they, the said banking compa- 
 nies, have ever received, or ever shall receive from the notes of the said 
 E., P., G., and R. ; the contrary of all which several allegations and 
 pretences, youf orators charge to be true ; and that the said banking 
 companies have respectively received from the said E., P., G., and 
 R., the whole amount of their said notes of hand, given to the said C, 
 and J. S. R., and by them indorsed and delivered over to, and depos- 
 ited with the said banking companies respectively, and that the said 
 banking companies are not, nor is either of them, the holders of any 
 notes or acceptances, in which the said C. and J. S. R., are the prom- 
 isors and acceptors, other than such as are contained in the schedule 
 aforesaid, and that the two drafts of which your orators are the hold- 
 ers as aforesaid, are contained in the said schedule, and were intended 
 to be and are secured and provided for in and by, the instrument 
 and agreement aforesaid, and to be paid in full or in proportion with 
 others, out of the moneys to be received by the said Banks, from the 
 said R., P., G., and R. ; and that all the notes, drafts, and accept- 
 ances mentioned in the said schedule, are not other than and different 
 from the two drafts hereinbefore mentioned and described, and held 
 by your orators, but that these last are two of the same drafts which 
 are mentioned or intended in said schedule ; and that no incumbrances 
 on the said real or personal property have been discovered to exist, 
 which have entitled or will entitle the said R., P., G., and R., law- 
 
56 
 
 EQUITY PRECEDENTS. 
 
 Jurisdic- 
 tion. 
 
 Interroga- 
 tories. 
 
 CH. II. fully to make any such indorsement on the said notes, as i.s provided 
 for in and by the instrument aforesaid,-^and no such indorsement 
 has been made on the said notes, whereby the whole or any part of 
 the contents thereof, has been lawfully cancelled or discharged ; and 
 that the said banking companies have not paid out the whole of 
 the moneys received by them from the said E., P., G., and R., to 
 the holders of other notes, di'afts, or acceptances mentioned in said 
 schedule, — and that if they have so paid out the whole of the said 
 moneys, they have done it without lawful authority, and in their own 
 wrong. 
 
 All which acts, doings, and pretences, are contrary to equity and 
 good conscience, and manifestly tend to the wrong and injury of 
 your orators in the premises ; in consideration whereof, and because 
 your orators can only have adequate relief in the premises, in a 
 Court of Equity, where matters of this nature are properly reliev- 
 able and cognizable. To the end therefore that the said President, 
 Directors, and Company of the said Bedford Commercial Bank, and 
 the President, Directors, and Company of the said Merchants' Bank, 
 and the President, Directors, and Company of the Marine Bank, and 
 the President, Directors, and Company of the Mechanics' Bank, and 
 the .said C. R., and the said R., P., G., and R., and their confederates 
 when discovered may, the said corporations upon the several corporal 
 oaths of their proper officers, and the said R., P., G., and R., upon 
 their several corporal oaths, to the best and utmost of their several 
 and respective knowledge, remembrance, information, and belief, full, 
 true, direct, and perfect answer make to all and singular the matters 
 aforesaid, and that as fully and particularly as if the same were 
 repeated, and they and every of them were distinctly interrogated 
 thereto, and more especially that the said confederates may in man- 
 ner aforesaid, answer and set forth specifically all the parcels of real 
 and personal estate, which were conveyed and transferred to them, 
 the said R., P., G., and R., by the said C. and J. S. R., and whether 
 they have sold the same, or any and what portions thereof, and if 
 sold, for what sums and prices ; and whether any incumbrance has 
 been discovered, which was existing on the said real or personal 
 estate, at the time of the conveyance thereof by the said C. and 
 J. S. R., to the said R., P., G., and R., and if yea, upon what part of 
 the said estate the said incumbrance has been discovered, and what 
 is the nature and description of said incumbrance ; and what are the 
 dates of all the drafts in which the said C. and J. S. R. were parties, 
 and which were outstanding and unpaid on the said twenty-eighth 
 day of December, and for what sum each of said drafts was given ; 
 and what are the dates of all the drafts in which the said C. and 
 J. S. R. were parties, and which were outstanding and unpaid on the 
 
ORIGINAL BILLS PRAYING RELIEF. 57 
 
 said twenty-eighth day of December, which have been claimed and pre- CH. IL 
 sented to the said banking companies or either of them for payment, 
 and for what sums respectively the said drafts were drawn; and 
 whether any drafts of the following dates and for the sums following, 
 have been presented to the said Banks, or to either and which of 
 them for payment, or otherwise claimed, and if so, by whom ; namely, 
 a draft for the sum of three thousand dollars, dated the fifth day of 
 the eleventh month, or November, in the year first aforesaid ; a draft 
 for three thousand dollars, dated the ninth day of the said eleventh 
 month in the year aforesaid ; a draft for three thousand dollars, dated 
 the second day of the twelfth month, or December, in the year afore- 
 said ; another draft for three thousand dollars, dated the same second 
 day of the twelfth month ; a draft for three thousand dollars, dated 
 the ninth day of the twelfth month aforesaid. 
 
 And your orators further pray, that the said banking companies Prayer. 
 may be compelled by the decree of this Court, to pay to each and all 
 of the holders and just owners of the several notes, drafts, and bills of 
 exchange mentioned in the said schedule, and which are due and 
 unpaid, the amounts that may be found justly due to them and each 
 of them respectively, by virtue of the said agreement of the said 
 banking companies, and to pay to your orators the amount of the 
 said two drafts first above described, or such part thereof as shall be 
 found due in proportion, with all the other creditors of the said 
 C. R. and Son, whose demands were provided for in and by the 
 trust instrument between the said C. R., and J. S. R. and the said 
 banking companies above set forth and described ; and that your ora- 
 tors may have such other relief in the premises, as to your honors 
 may seem meet, and this case shall require. 
 
 May it please your honors to grant unto your orators a writ of 
 subpoena, to be directed to the said C. R., J. R., J. A. P., J. G., and 
 W. R. R., and the President, Directors, and Company of the Bedford 
 Commercial Bank, the President, Directors, and Company of the 
 Marine Bank, the President, Directors, and Company of the Mer- 
 chants' Bank, and the President, Directors, and Company of the 
 Mechanics' Bank aforesaid, thereby commanding them to be and 
 appear before your honors in the Supreme Judicial Court, to be 
 holden in and for the County, of Suffolk, on the second Tuesday of 
 November next, and then and there, full, true, and direct and perfect 
 answers to make to all and singular the premises, and further to stand 
 to, perform, and abide such further order, direction, and decree therein, 
 as to your honors shall seem meet. 
 
58 
 
 EQUITY PRECEDENTS. 
 
 CH. II. 
 
 Seisin of 
 the plain- 
 tiff's hus- 
 band and 
 death. 
 
 Plaintiff's 
 title to 
 dower. 
 
 Entry and 
 possession 
 of the real 
 estate by 
 the defend- 
 ant, the 
 heir-at-law 
 of the plain- 
 tiffs hus- 
 band. 
 
 Applica- 
 tions. 
 
 Refusals. 
 
 Charge of 
 the mar- 
 riage. 
 
 Prayer. 
 
 Bill for Dower. 
 
 XVTI. Bill by a ■widow against the heir for dower. 
 
 Humblj complaining sheweth unto your honors your oratrix L. C. 
 of, &c. That P. C. the late husband of your oratrix, was in his life- 
 time, and during the time he was married to your oratrix, seised in 
 fee simple, or fee tail of divers freehold estates, and being so seised, 
 
 the said P. C. departed this Ufe on or about the day of , 
 
 leaving your oratrix his widow, and F. C. his nephew and heir-at-law 
 (the defendant hereinafter named,) him surviving ; whereby your 
 oratrix became by law entitled to her dower in the said freehold 
 estates ; but upon, or soon after the decease of the said P. C, the 
 said F. C. as his heir-at-law, or otherwise, entered and took posses- 
 sion thereof, and of all the title deeds, evidences, and writings relative 
 thereto : and your oratrix has frequently, by herself and otherwise, 
 applied to the said F. C. and requested him to discover the said free- 
 hold estates, of which the said P. C. died seised, and his title thereto, 
 and to account for and pay to your oratrix one third part of the rent 
 and profits of such freehold, which your oratrix is entitled to, in 
 respect of her dower, since the death of the said P. C, and to assign 
 to and let your oratrix into the absolute possession and enjoyment of 
 one third part of such freehold, which your oratrix hoped he would 
 have done. But now so it is, the said F. C. refuses to comply there- 
 with, pretending that your oratrix was never accoupled to the said 
 P. C. in lawful matrimony. Whereas your oratrix charges, that on, 
 
 &c. at , in the county of , at the parish of , 
 
 was duly married to your oratrix, and that she is therefore entitled 
 to her dower, as aforesaid ; but the said F. C. refuses to discover the 
 said freehold premises, which are subject thereto, or to produce the 
 title deeds, evidences, and writings, or any of them, relative to the 
 said freehold estates, wherefore your oratrix is unable to proceed at 
 law to establish her said demand. {For these parts of the hill, see 
 form No. 22, p. 5, and interrogate to the material parts of the 
 statement and charges in the manner there pointed out.) And that 
 the said F. C. may discover and set forth in manner aforesaid, a full 
 and true description of such freehold estates as aforesaid, with all 
 the circumstances and particulars thereof, or relative thereto- And 
 that an account may be taken, by and under the decree and direction 
 of this Honorable Court, of the rents and profits of the said freehold 
 estates, wherein your oratrix is dowable, which have accrued since 
 the death of the said P. C, and have, or might have been received 
 
ORIGINAL BILLS PRAYING RELIEF. 59 
 
 by the said F. C. ; and that one third part thereof, arising from the CH. II. 
 said freehold estates, may be paid to her ; and that one third part of 
 such freehold estates may be assigned and set out to her for her dower, 
 and your oratrix let into the full and immediate possession and enjoy- 
 ment thereof, and decreed to hold the same for her life. And that the 
 said F. C. may be decreed to produce all title deeds, evidences, and 
 writings, relative to the said freehold estates, in order to effectuate 
 the purposes aforesaid. {And for general relief, as in form No. 25, ■ 
 f. 6.) May it please, &c. {End hy praying process of subpoena 
 against the said F. G. as in form No. 26, p. 6.) 
 
 VI. 
 
 Bills of Foreclosure. 
 
 XVni. By a mortgagee of a freehold estate against the mortgagor. 
 
 Humbly complaining sheweth unto your honors your orator A. B. Possession 
 of, &c. That E. C. of, &c. (the defendant hereinafter named) on or boid^estate' 
 
 about the day of , applied to your orator to lend him ^y the de- 
 
 the sum of $ on security of the premises hereinafter described, and her'ap- 
 
 ■which your orator consented to do, and accordingly advanced the Fil"'^f°°rff 
 
 said sum of $ to the said E. C. and paid the same to him. to lend 
 
 Whereupon, and in order to secure the repayment thereof to your mortg^ige. 
 orator with legal interest, by deed, bearing date on, &c. and made and Advance- 
 executed by the said E. C, did grant, bargain, sell, and convey unto raent of the 
 
 . ,,.1 -1 money. 
 
 your orator, a certain parcel oi ground, messuage, or tenement, with 
 the appurtenances, together with the policy of insurance therein gage deed. 
 mentioned, bounded and described as follows: To hold unto your 
 orator, his heirs and assigns, in fee simple forever, subject neverthe- 
 less to a proviso for redemption of the said premises, on payment by 
 the said E. C, his executors, administrators, or assigns to your 
 orator, his executors, administrators, or assigns, of the said sum of 
 
 $ with lawful interest for the same, upon the day 
 
 of ■ then next. As by the said deed, reference being there- 
 unto had, will more fully appear. And your orator further sheweth 
 
 unto your honors, that the said principal sum of $ was not, 
 
 nor was any part thereof, paid to your orator, or any person for his Mortgage 
 use, at the time mentioned in the said proviso, or afterwards, but now money and 
 is, together with the interest thereof, due to your orator. And your still due. 
 orator hath frequently of late, by himself and otherwise, applied to 
 the said E. C. and requested him to pay your orator the said sum Applica- 
 
 of $ and the interest due thereon, or to release his right ''°"*' 
 
 and equity of redemption in the said premises to your orator ; and 
 
60 EQUITY PRECEDENTS. 
 
 CH. II. your orator hoped that the said requests would have been complied 
 with : But bow so it is, may it please your honors, the said E. C. 
 Eefusal. has refused either to pay your orator the said principal money and 
 interest, or to release to him his right and equity of redemption of, 
 Pretence in, and to the said premises ; pretending that there is some incum- 
 incum- brance upon, or affecting the said premises, prior to your orator's 
 brance. g^^ security, but what is the particular nature thereof, or in whom 
 Charge ofi the same is vested, he refuses to discover. Whereas your orator 
 beingThr^ charges the contrary thereof to be true, but nevertheless the said 
 fact. j;_ Q persists in such refusal as aforesaid. (For these parts of the 
 
 hill, see form No. 23, f. 5, and interrogate to the material parts 
 of the hill in the manner there pointed out.) And that the said E. C. 
 Discovery, may discover, and in manner aforesaid set forth, whether there is, 
 or are any other, and what incumbrance or incumbrances, upon or 
 affecting the said mortgaged premises, and if so, in whom the same 
 is or are vested ; and whether the same is or are not subsequent to 
 Prayer. your orator's said security, or how otherwise. And that an account 
 may be taken, by and under the decree and direction of this Honor- 
 able Court, of M'hat is due and owing to your orator, for principal and 
 interest on his said mortgage, and that the said E. C. may be decreed 
 to pay to your orator what may be found due to him on taking such 
 account as aforesaid, together with his costs of this suit, by a short 
 day to be appointed by this Honorable Court for that purpose : or in 
 default thereof, that the said defendant E. C. and all persons claiming 
 under him, may be absolutely debarred and foreclosed of and from 
 all right and equity of redemption, in or to the said mortgaged 
 premises, and every part thereof, and may deliver up to your orator 
 all deeds, papers, or writings, in his custody or power, relating to, or 
 concerning the said mortgaged premises, or any part thereof. {And 
 for general relief, as in form No. 25, p. 6.) May it please, &c. 
 {End hy praying process of subpoena against E. C. as in form No. 
 26,^.6.) 
 
 XIX. Bill by a mortgagee for a foreclosure, against the surviving mortga- 
 gor, entitled as surviving devisee to the equity of redemption, as to one 
 moiety for his own benefit, and as to the other in trust for himself and 
 another individual (also a defendant) as devisees under another will. 
 
 To, &c. 
 
 Humbly complaining sheweth unto your honors your orator A. H. 
 of, &c., Esq. That J. S. C. now deceased, S. M. C. of, &c. (one of 
 the defendants hereto) and the Rev. P. K. now deceased, being or 
 
ORIGINAL BILLS PRAYING RELIEF. 61 
 
 alleging themselves to be seised of and entitled to the premises here- CH. II. 
 
 inafter particularly described, in trust for the benefit of the said J. 
 
 S. C. and S. M. C, and having occasion to borrow the sum of $5500 Application 
 
 applied to and requested your orator to lend them the sum of $3000, $3000°"" ° 
 
 part of such sum of $5500, on the security hereinafter mentioned, ■«''ii«^.J"™ 
 
 •' ' plaintiff ad- 
 
 and that your orator complied with such request, and did accordingly vanoed. 
 
 lend and advance the sum of $3000 to thfe said J. S. C, S. M. C. 
 and P. K. And that thereupon and in order to secure the repayment 
 thereof with interest, the said J. S. C, S. M. C. and P. Z. duly exe- 
 cuted a certain indenture mortgage bearing date , and made, ofmortmge 
 
 or expressed to be made between the said J. S. C, S. M. C. and P. by demise 
 K. of the one part, and your orator of the other part. And that the same. 
 thereby after reciting as therein mentioned, it was witnessed that for and 
 in consideration of the said sum of $3000 to the said J. S. C, S. M. 
 C. and P. K. paid by your orator, the receipt whereof they did there- 
 by acknowledge, they the said J. S. C, S. M. C, and P. K. and each 
 of them did grant, bargain, sell, and demise unto your orator, his 
 executors, administrators, and assigns, all that capital messuage, &c., 
 together with all and every the appurtenances, &c., to hold the 
 said messuages or dwelling-houses, lands, hereditaments and premi- 
 ses, with their appurtenances unto your orator, his executors, admin- 
 istrators, and assigns in fee simple forever, but subject to a proviso 
 for redemption upon payment by the said J. S. C, S. M. C. and P. K., 
 their heirs, executors, or administrators, unto your orator, his executors, 
 administrators, or assigns in the sum of $3000 with interest, after the 
 
 rate of $5 per cent, per annum, at or upon the — ■- day of 
 
 then next ensuing. As in and by the said indenture, refer- 
 ence being thereunto had will more fully appear. And your orator Mortgage 
 further sheweth unto your honors, that the said sum of $3000 was paid at the 
 not paid to your orator at the time for that purpose limited by the *™® limit- 
 said indenture for the payment of the same ; and that thereby the 
 estate of your orator in the said mortgaged premises became abso- 
 lute at law. And your orator further sheweth unto your honors, that Death of 
 
 in or about the year , the said J. S. C. died, having first made ^0®.^°^. *^^ 
 
 his will bearing date , whereby he devised all his estates, gors. 
 
 including his interest in the said mortgaged premises, to the said S. 
 
 M. C. and P. K. and to G. R. of , and their heirs. And your Dea* of , 
 
 1 • J T> t;' I 1 another of 
 
 orator further sheweth unto your honors, that the said P. K. had no the mortga- 
 
 beneficial interest in the said mortgaged premises ; and that he died f°^*n^ben- 
 
 sometime sinee, leaving the said S. M. C. him surviving. And that eficial in- 
 
 tsrsst 
 the said S. M. C. alone is now entitled to the equity of redemption 
 
 of the said mortgaged premises in trust as to one moiety thereof for 
 
 bis own use and benefit, and in trust as to the other moiety for the 
 
 use and benefit of himself and the said G. E. as devisees of the said 
 
 6 
 
62 EQUITY PRECEDENTS. 
 
 CH. II. J. S. C. And your orator further sheweth that the said sum of 
 Mortgage $3000, together with a considerable arrear of interest accrued 
 money and ^^g thereon, is now due to your orator on the security of the said 
 
 lIlt6r6Sti , /» • -11 
 
 still due. premises. And that your orator hath frequently and in a friendly 
 Applioa- manner applied to the said S. M. C. and requested him to pay the 
 fendan" ''^" ^^^^ °^ ^'^ release his equity of redemption of and in the said mort- 
 gaged premises. And your orator well hoped that such his just and 
 reasonable requests would have been complied with as in justice and 
 equity they ought to have been. But now so it is, may it please your 
 honors, that the said S. M. C. combining with the said G. E. and 
 Refusal. contriving how to injure your orator in the premises, refuses so to do. 
 Charge although your orator charges that your orator did as aforesaid well 
 tiff paid'the '^^^ ti""!^ advance and pay the said sum of $3000 to the said J. S. 
 money. C., S. M. C. and P. K., and that for securing the repayment thereof 
 mortgage with interest, the said J. S. C, S. M. C. and P. K. duly made and 
 
 security executed to your orator such indenture as is hereinbefore mentioned ; 
 was duly •' . ' 
 
 executed, and that the whole of the said sum of $3000, together with a large 
 
 mortgagee arrear of interest accrued due thereon, is now justly due and owing 
 
 money and ^ your orator on the security aforesaid. And your orator charges 
 interest are , "^ , ^ . "^ . ,. , 
 
 still due. that the mortgaged premises are a very scanty security for the 
 
 estate is^a repayment of what is due and owing to your orator on the security 
 
 scanty se- thereof. And your orator charges that the said G. R. is and claims 
 
 That the ' to be interested in the said mortgaged premises or some part thereof, 
 
 other de- ^^^j ^.^ jjg entitled to redeem the same, but he and also the said 
 
 fendant G. ' 
 
 E. claims S. M. C. refuses so to do. And your orator charges that the said 
 
 in the ^ defendants ought either to pay what is due to your orator as aforesaid, 
 property, or Otherwise to release their equity of redemption in the said prem- 
 ises, but they refuse so to do. All which actings, &c. {see form No. 
 22, p. 5, interrogating to the statements and the latter part of the 
 charging part.) 
 Prayer. -^"^^ '^at the said defendant may answer the premises. And that 
 
 an account may be taken by and under the direction and decree of 
 this Honorable Court of what is due and owing to your orator, for 
 principal money and interest on the security of the said mortgaged 
 premises. And that the said defendants may be decreed to pay unto 
 your orator what shall appear to be justly due and owing to him on 
 the taking of the aforesaid account, together with his costs of this 
 suit, by a short day to be appointed by this Court for that purpose, 
 your orator being ready and willing and hereby offering on being 
 paid his said principal money and interest and costs at such appointed 
 time, to reconvey the said mortgaged premises unto the said defend- 
 ants, or unto either of them as this Honorable Court shall direct. 
 And in default of such payment, that the said defendants and all 
 persons claiming under them, may be absolutely barred and foreclosed 
 
ORIGINAL BILLS PRAYING RELIEF. 63 
 
 of and from all right and equity of redemption in and to the said CH. IF. 
 mortgaged premises and every part thereof forever. And may de- 
 liver up to your orator all and every the deeds, evidences, and writ- 
 ings in their or either of their possession, custody, or power, relating 
 to the said mortgaged premises and every part thereof. {And for 
 further relief, see form. No. 2b, p. &.) May it please, &c. {See form 
 No. 26, p. 6.) 
 
 Pray subpoena against S. M. 0. and G. R. 
 
 VII. 
 
 Bills of Interpleader, {a) 
 
 XX. Bill by a lessee against different persons, claiming the rents by differ- 
 ent titles, to have them interplead. (J) 
 
 Humbly complaining she weth unto your lordship your orator A. B. ^'^lits of 
 of, &c., that the mayor, citizens, and commonalty of the 'city of C, and claims 
 being seised as of fee, of and in the perpetual curacy of D., by fgn^aQts" 
 indenture, &c., {state the demise from the corporation to the Rever- 
 end JE. D., SfC, clerk, a defendant hereinafter named, for life ; and 
 state the demise of the tithes from the said E. D. to the complainant ; 
 and also state a subsequent grant of an annuity out of the profits of 
 the said perpetual curacy hy the said JE. D. to F. G. another 
 defendant hereinafter named.) And your orator further sheweth 
 unto your lordship, that the said E. D. at the time of making the said 
 last-mentioned indenture or grant of annuity to the said F. G., 
 
 and on or about the day of , in the year , was 
 
 actually a prisoner in his Majesty's King's Bench prison for debt, at 
 the suit of one L. M., and others his creditors ; and that on the 
 
 day of , in the year , at a sessions then held at 
 
 Horsemonger Lane, in the parish of St. Mary's, Newington, in and 
 for the county of Surrey, the said E. D. applied to be discharged 
 and exonerated under and by virtue of a certain act of parliament 
 made and passed in the fifty-first year of the reign of his late Majesty, 
 entituled " An act for the relief of certain insolvent ' debtors ; ' 
 and the justices of the peace present at such sessions adjudged the 
 said E. D. to be set at liberty, and he was discharged accordingly ; 
 and by virtue of the said act of parliament, all the real and personal 
 estate of the said E. D. was immediately after such adjudication, 
 thereby, and now is, vested in N. O., of, Esq., the clerk of the peace 
 
 (a) See Eq. PI. § 291-297. 
 
 (5) This form is talien, without alteration, from Willis's Eq. PI. (303) because it pre- 
 sents a short and neat outline of Interpleader. 
 
64 EQUITY PRECEDENTS. 
 
 CH. IT. of the said county of Surrey, (another defendant hereinafter named,) 
 upon the trust, and for the purposes in the said act mentioned ; but 
 the said N. 0. has not hitherto made any conveyance or assignment 
 thereof. And your orator further sheweth unto your lordship, that 
 your orator, in pursuance of the said indenture of demise so made 
 by the said E. D. as aforesaid, duly paid the said rent of — L, thereby 
 
 reserved for the said tithes, up to the day of last ; 
 
 and your orator has always been ready and desirous to pay the rent 
 for the said tithes, .which has become due since that period, to the 
 person or persons duly entitled to receive the same ; and your orator 
 hoped he should have been able so to have paid the said rent, and 
 that no dispute could have arisen -concerning the same, or at least 
 that no suit would have been commenced against your orator in 
 respect to the said rent ; and that the said E. D., F. G., and N. O. 
 would have settled between themselves their differences respecting 
 the right to receive the said rent. But now so it is, may it please 
 your lordship, the said E. D., F. G., and N. O. respectively claim, to 
 be entitled to the said rent; and the said E. D. has lately com- 
 menced an action in his Majesty's Court of Common Pleas at West- 
 minster, for the recovery of the sum of — L, on account of the said 
 Pretence pent, due from your orator since aforesaid. And the said 
 
 bv tll6 S6V— 
 
 eral defend- E. D. pretends that he is discharged from the said annuity so granted 
 theU' re- ^^ ^™ ^^ aforesaid, in consequence of his having taken the benefit 
 spective of the said insolvent act, and that the interest of him the said E. D. 
 ing valid, does not vest in the said N. 0. as such clerk of the peace as afore- 
 ^nte'ti^"^t ^^^*^' ^^ ^^^ operation of that act ; and the said F. G. insists that he 
 proceed at ought fo be paid his said annuity out of the said rent now due from 
 tiie com- your orator, and that the said E. D. is not discharged from such 
 plainant. annuity, under or by virtue of such insolvent act, but that the said 
 annual rent, payable by your orator, still remains liable to the pay- 
 ment of such annuity, and he threatens and intends to proceed at 
 law against your orator, unless the said annuity be paid by him out 
 of such rent. And the said N. 0. pretends and insists that all the 
 said estate, rights and interest in the said tithes vested in him the 
 said N. O. as such clerk of the peace as aforesaid, by the operation 
 of the said insolvent act, and that he is therefore entitled to receive 
 the said rent of — I. payable by your orator, which he insists is no 
 longer liable to the payment of the said annuity. And your orator, 
 under the circumstances aforesaid, is in danger of being greatly 
 harassed on account of the said rent, and cannot safely pay the same 
 without the aid of this Honorable Court. {For this part of the bill, 
 see form Mo. 22, p. 5, and interrogate to the material parts of the 
 Prayer. above statement and allegations.) And that the said E. D. and 
 F. G. and N. 0. respectively, may set forth to whom the said 
 
ORIGINAL BILLS PRAYINa RELIEF. 65 
 
 rent is due and payable, and may be decreed to interplead, and adjust CH. IL 
 the said several claims and demands between themselves, your orator 
 hereby oflfering to account for, and pay the arrears of the said rent 
 now due from him to such of them the said E. D., F. G., and N. 0., 
 as the same shall appear of right to belong and be payable, on being 
 indemnified by this Honorable Court in so doing, or to pay the same 
 into the hands of the accountant-general of this Honorable Court, to be 
 disposed of as this Honorable Court shall direct. And that the said 
 
 E. D. may be restrained by the order and injunction of this Honorable 
 Court from further prosecution of the said action so commenced by 
 him against your orator as aforesaid, and that he, and the said P. G. 
 and N. O. respectively, may in like manner be restrained from aU 
 other proceedings at law whatsoever, touching the matters in question 
 in this suit or any of them. (And for general relief, as in form 
 No. 25, p. 6.) May it please, &c. (^End with praying an injunction 
 in the terms of the prayer, and also a subpoena against the said E. D., 
 
 F. G., and N. 0., as in form No. 26, p. 6.) 
 
 VIII. 
 Prayer of a Bill of Interpleader and Affidavit. 
 
 XXI. Prayer of a Bill of Interpleader, — that plaintiff may be at liberty to 
 pay the arrears of rent into Court, first deducting thereout certain sums 
 for repairs and land-tax, — that possession may be delivered to the partj' 
 entitled, and an allowance made to the plaintiff for certain articles, — and 
 for an injunction to restrain proceedings in ejectment and distresses being 
 made upon the premises. 
 
 And that the said several defendants may be decreed to interplead 
 touching their said several claims, and that plaintiff vaaj be at liberty 
 to pay the several sums now justly and fairly due from him for the 
 rent of the said messuage or tenement and premises into the bank, in 
 the name and with the privity of the accountant-general of this Honor- 
 able Court, in trust for the benefit of the persons or person entitled 
 thereto, subject to the further order of this Court, after deducting 
 thereout in the first place the aforesaid sum of £36, to be allowed 
 unto plaintiff for repairs pursuant to the said agreement, together 
 with all sums of money expended and advanced by plaintiff for land- 
 tax and other necessary outgoings in respect of the said premises. 
 And that plaintiff may be at liberty to quit the possession of the said 
 premises, and that possession thereof may be dehvered up to such 
 person or persons as this Honorable Court shall direct or appoint. 
 And that plaintiff may have a satisfaction or allowance made unto 
 6* 
 
66 EQUITY PRECEDENTS. 
 
 CH. II. him out of the rent of the -said premises for the several articles herein- 
 before and in the said first agreement particularly mentioned, which 
 have been provided by plaintiff at his own expense for the said 
 premises. And that in the mean time the said defendants S. 0. and 
 T. C. may be restrained by the order or injunction of this Honorable 
 Court from all further proceedings in the aforesaid action of eject- 
 ment brought against plaintiff, and that they and all the said other 
 defendants may be in like manner restrained from making any dis- 
 tresses or distress upon the said messuage or tenement and premises, 
 and from commencing or prosecuting any action or actions at law 
 against plaintiff to recover the rent of the said premises or to turn 
 plaintiff out of possession thereof, or otherwise from proceeding at 
 law against plaintiff touching any one of the matters aforesaid. And 
 that all proper and necessary directions may be given for the purposes 
 aforesaid. {And for further relief) 
 
 Form of an Affidavit to be annexed to a Bill of Interpleader, (a) 
 
 /- Between J. C. Plaintiff, 
 
 In Chancery. J and 
 
 ( Defendants. 
 
 Form of an The said J. C. maketh oath and saith, that he has exhibited his bill 
 be annexed ^^ interpleader against the defendants in this cause without any fraud 
 to the bill, or collusion between him and the said defendants or any or either of 
 them ; and that he the said J. C. hath not exhibited his said bill at the 
 request of the said defendants or of any or of either of them, and that 
 he is not indemnified by the said defendants, or by any or either of 
 them, and saith that he has exhibited his said bill with no other intent 
 but to avoid being sued or molested by the said defendants, who are 
 proceeding or threaten to proceed at law against him for the recovery 
 of the rent of the said tithes in the said bill mentioned. 
 
 Or thus : 
 
 A. B. the above named plaintiff maketh oath and saith, that he 
 doth not in any respect collude with either of the above named de- 
 fendants touching the matters in question in this cause, nor is he in 
 any manner indemnified by the said defendants or either of them, nor 
 hath he exhibited his said bill of interpleader at the request of them 
 or either of them, but merely of his own free will, and to avoid being 
 sued or molested touching the matters contained in his said bill. 
 
 Sworn, &c. A. B. 
 
 (a) See Eq. PI. § 297. 
 
ORIGINAL BILLS PRATING RELIEF. 67 
 
 CH. II. 
 
 IX. 
 
 Bills for the Payment of Legacies, and to carry the trust of 
 Wills into Execution. 
 
 XXII. Bill by husband of legatee against executor. 
 
 To, &c. 
 
 Humble complaining sheweth unto your honors your orator A. B. 
 of, &c. That W. S. late of, &c., duly made and published his last 
 
 will and testament in writing, bearing date on or about , and 
 
 thereby amongst other bequests gave to his nephews and nieces, the 
 
 children of his late sister M. A. the sum of $ each, to be paid 
 
 to them as they should respectively attain the age of twenty-one years, 
 and appointed E. T. F. of, &c., the defendant .hereinafter named, the 
 sole executor of his said will, as in and by the said will or the pro- 
 bate thereof when produced will appear. And your orator further 
 sheweth unto your honors that the said E. T. F. soon after the death 
 of the said testator duly proved the said will in the proper Court, and 
 hath since possessed himself of the personal estate and effects of the 
 said testator to an amount much more than sufficient for the payment 
 of his just debts, funeral, and testamentary expenses and legacies. 
 And your orator further sheweth that after the death of the said tes- Marriage of 
 tator your orator intermarried with A. A. who was the niece of the 'j^ P'^'"" 
 said testator, and one of the children of the said M. A. in the said 
 will named, and by virtue of such intermarriage your orator in right 
 of his said wife became entitled to demand and receive the aforesaid 
 
 bequest of $ . And your orator further sheweth that your Death of 
 
 orator's said wife lived to attain her age of. twenty-one years, and P'fyifbff's 
 that she hath lately departed this life, and that neither your orator letters of 
 nor his said wife received any part of the said legacy. And your uon'grani^' 
 orator further sheweth that having obtained letters of administration ®.'^'<' plain- 
 to his said wife, he hath repeatedly applied to the said E. T. F. for 
 payment of the said legacy and interest thereon from the time of his Appliea- 
 said late wife attaining her age of twenty-one years, and your orator *'°"' 
 hoped that such his reasonable requests w6uld have been complied 
 with, as in justice and equity they ought to have been. But now so 
 it is, may it please your honors, that the said T. E. F. combining, &c., 
 (see form No. 20, p. 4.) To the end, therefore, that, &c., (see form 
 No. 23, p. 5, interrogating to the stating and charging part.) 
 
 And that an account may be taken of what is due and owing to Prayer. 
 your orator for the principal and interest of the said legacy, and that 
 the said defendant may be decreed to pay the same to your orator ; 
 
68 EQUITY PRECEDENTS. 
 
 CH. n. And if the said defendant shall not admit assets of the said testator 
 sufficient to answer the same, then that an account may be taken of 
 the estate and effects of the said testator which have been possessed 
 or received by the said defendant, or by any other person by his order 
 or to his use, and that the same may be applied in a due course of 
 administration. {And for further relief, see form No. 25, p. 6.) May 
 it please your honors, &c., {see form No. 26,^. 6.) J. L. 
 
 XXni. Bill by husband and wife for payment of a legacy bequeathed to 
 her, — claiming also a share in the testatrix's residuary estate under the 
 bequest thereof in trust for her relations. 
 
 To, &c. 
 
 Humbly complaining shew unto your honors your orator and ora- 
 trix P. S. of, &c. and M. his wife, late M. H., spinster. That J. W. 
 late of, &c. widow, deceased, being possessed of very considerable 
 
 personal estate, did on or about duly make and publish her 
 
 last will and testament in writing, and thereby after giving divers 
 The will of other pecuniary legacies gave unto your oratrix by her then name 
 
 trix. and description of , the sum of $500 to be paid to her at her 
 
 age of twenty-one years or day of marriage which should first happen. 
 And as to her shop stock in trade and utensils thereunto belonging, 
 goods, plate, and furniture, which should be in or about her house 
 at the time of her death, together with her wearing apparel of all 
 sorts, and all and every sum and sums of money, debts by specialty, 
 or otherwise, and all moneys invested in any of the public funds or 
 government securities, and all other the residue of her personal estate 
 whereof she should be possessed, interested, or entitled to, the said 
 testatrix gave and bequeathed the same to her brother J. L. in trust 
 to pay, apply, and dispose thereof unto and among every of her re- 
 lations at such times and in such manner and proportions as he in 
 his discretion should judge most proper, without having any regard 
 to the legacies by her thereinbefore specifically given, and the said 
 testatrix nominated and appointed the said J. L. sole executor of her 
 said will. As by the said will or the probate thereof, whereunto your 
 orator and oratrix for their greater certainty crave leave to refer, 
 when the same shall be produced to this Honorable Court will appear. 
 And your orator and oratrix further shew unto your honors, that on 
 
 Death of or about the said testatrix departed this life without altering 
 
 testatrix. ^^ revoking her said will, whereupon the said J. L. duly proved the 
 same in the proper Court, and took upon himself the execution 
 
ORIGINAL BILLS PRATING RELIEF. 69 
 
 thereof, and by virtue thereof possessed himself of all the personal CH. II. 
 
 estate and effects of the said testatrix to a very considerable amount, Probateby 
 
 and much more than sufficient to answer and satisfy all her just debts, ''^'s"'!''"'- 
 
 funeral and testamentary expenses and legacies. And your orator Marriage of 
 
 and oratrix further shew unto your honors, that some time after the tilsf'*'°' 
 
 decease of the said testatrix, (that is to say) : on or about 
 
 they your orator and oratrix intermarried together, whereby your 
 
 orator in right of your oratrix became well entitled to the said legacy 
 
 of $500. And your orator and oratrix further shew that your oratrix Plaintiff P. 
 
 is the niece of the said testatrix, and your orator in right of your of Ms mfe 
 
 oratrix as such relation, also became entitled to some part, share, entitled to 
 
 and proportion of the residue of the said testatrix's personal estate $600 and 
 
 so bequeathed to the said J. L. upon trust as aforesaid. And your ^hlVof the 
 
 orator and oratrix are advised that such only of the relations of the residuary 
 
 said testatrix are entitled to shares in such residue as are capable of ^^ ^ ^' 
 
 taking under the statutes of distributions of intestate's effects. And 4pp''°^- 
 
 . p , tions. 
 
 your orator and oratrix further shew unto your honors that they have 
 
 frequently and in a friendly manner applied unto the said J. L. and 
 
 requested him to pay and satisfy unto your orator the said legacy of 
 
 $500, together with lawful interest for the same from the time of your 
 
 orator and oratrix's said marriage, and also to come to a fair and 
 
 just account for and in respect of the personal estate and effects of 
 
 the said testatrix which have been received by him the said J. L. or 
 
 by any other person or persons by his order and for his use, and to 
 
 pay and apply such personal estate in a course of administration, 
 
 and to dispose of the clear residue or surplus thereof agreeably to the 
 
 intention of the said testatrix in and by her said will expressed and 
 
 declared. And your orator and oratrix well hoped that such their 
 
 reasonable requests would have been complied with as in justice and 
 
 equity they ought to have been. But now so it is, &c. (see form S5\' j°°f 
 
 No. 20, p. 4,) the said J. L. absolutely refuses to comply with trix never 
 
 such your orator and oratrix's just and reasonable requests aforesaid, ™^j ^^^ 
 
 sometimes pretending that the said testatrix never made and exe- thatdefend- 
 
 ant IS enti- 
 cuted her last will and testament of such date, purport, and effect as tied as her 
 
 is hereinbefore mentioned and set forth, and that therefore he the°^'''° 
 
 said defendant as the only next of kin of the said testatrix is entitled 
 
 to the whole of her personal estate and effects. Whereas your orator Charge the 
 
 '^ c 1 contrary. 
 
 and oratrix expressly charge the contrary of such pretences to be 
 
 true, and that the said testatrix in her lifetime did duly make and 
 
 execute her last will and testament in writing of such date, purport, 
 
 and effect as js hereinbefore mentioned and set forth, and that by 
 
 virtue thereof your orator is now become well entitled in right of 
 
 your oratrix to the said legacy of $500, and also to some part, share, 
 
 or proportion of the residue of the said personal estate of the said 
 
70 EQUITY PRECEDENTS. 
 
 CH, 11. testatrix after payment and satisfaction of her just debts, funeral and 
 
 Pretence testamentary expenses and legacies, and so the said defendant at 
 
 person^ other times admits the truth to be. But then he 'pretends that the 
 
 estate is in- personal estate and effects of the said testatrix which have come to 
 
 his hands, custody, or power, were very small and inconsiderable, 
 
 and not more than sufficient to answer and satisfy her just debts and 
 
 Charge the funeral and testamentary expenses. Whereas your oratrix and orator 
 
 contrary. v^ 
 
 expressly charge that the personal estate and effects of the said testa- 
 trix which have come to the hands, custody, or power of the said 
 defendant are of very considerable value, and not only sufficient to 
 answer and satisfy all the just debts, legacies, and funeral and testa- 
 mentary expenses of the said testatrix, but also to afford a consider- 
 able residue to be applied and disposed of amongst her relations, 
 and so it would appear if the said defendant would set forth a full, 
 true, and particular account of the said personal estate and of every 
 part thereof, and how, and in what manner, to whom, and for what, 
 the same, and every part thereof has been applied or disposed of, 
 but which he refuses to do, or to make to your orator and oratrix any 
 satisfaction whatsoever, for or in respect of their just demands. AU 
 which actings, doings, and pretences, &c. {See form No. 22, p. 5, 
 interrogating to the stating and charging parts.) 
 
 Interroga- And that the said defendant may set forth and discover a full, true, 
 
 ton^^ TOT" 
 
 account and particular account of all and every the personal estate and effects 
 and appli- ^f ^j. belonging to the said testatrix at the time of her death, together 
 deceased's with the natures, kinds, quantities, qualities, true and utmost value 
 estlte!^ thereof, and every part thereof, and how much, and what parts of 
 the said personal estate and effects have been received by, or come 
 to the hands, possession, or power of the said defendant, or of any 
 other person or persons, and whom by name, by his order, or for his 
 use, and how the same and every part thereof hath been paid, applied, 
 or disposed of, and administered, and to whom, and for and upon 
 what account, cause, or consideration, and whether any, and what 
 part thereof is now remaining to be got in and administered, and 
 where, and in whose hands, possession, or power, and why the same 
 has not been got in and received, and what is the amount thereof. 
 Prayer. And that the said defendant may be decreed by this Honorable 
 
 Court to come to a fair and just account with your orator and oratrix 
 for and in respect of all and singular the personal estate and effects 
 of the said testatrix which have been received by him or by any other 
 person or persons by his order or for his use, or which without his 
 wilful default might have been received, and that the. same maybe 
 applied in a due course of administration, and that your orator may 
 be fully paid and satisfied the aforesaid legacy of $500 together 
 with lawful interest for the same from the solemnization of your ora- 
 
ORIGINAL BILLS PRAYING BELIEF. 71 
 
 tor and oratrix's said marriage, and that the clear residue of the said CH. II. 
 testatrix's personal estate may be ascertained, and that it may be 
 declared by this Honorable Court that such relations only of the said 
 testatrix are entitled to lake any shares under the said will in the res- 
 idue of the said testatrix's personal estate as are capable of taking 
 under the statute of distributions. And that it may be referred to 
 one of the masters of this Honorable Court to inquire and state what 
 relations the said testatrix left of such description ; and that the said 
 defendant may also be decreed to pay and satisfy unto your orator in 
 right of your oratrix such part, share, and proportion of such clear 
 residue or surplus to which your oratrix shall appear to be justly 
 entitled under and by virtue of the said testatrix's will. {And for 
 further relief see form No. 25, p. 6.) May it please, &c. {See form 
 No. 26, p. 6.) 
 
 XXIV. Bill against an executor by legatees and the administrator of a 
 ' deceased legatee, for payment of their legacies and shares of the residu- 
 ary personal estate. 
 
 To, &c. 
 
 Plumbly complaining shew unto your honors your orators and ora- 
 trix, H. K. the elder of, &c. administrator of the goods and chattels, 
 rights and credits of F. K. late of, &c. deceased, H. K. the younger 
 of, &c., and S. K. an infant under the age of twenty-one years, to 
 wit, about the age of twenty years, by the said H. K. the elder, her 
 father and next friend, that J. E. late of, &c. being possessed of, or 
 well entitled unto a considerable personal estate, duly made and 
 published his last will and testament in writing, and a codicil there- Testator's 
 
 unto annexed, the said will bearing date on or about the day ^'l'. ?,"'^ ^ 
 
 of , and by his said will amongst other things gave and thereto. 
 
 bequeathed unto your oratrix S. K. the sum of $ to be paid 
 
 to her at the age of twenty-one years, or day of marriage, which 
 should first happen. And the said testator also gave and bequeathed 
 
 unto your orator H. K. the younger, the sum of $: to be paid 
 
 to him on his attaining his age of twenty-one years. And the said 
 testator after giving divers other legacies, gave and bequeathed unto 
 E. B. (the defendant hereinafter named) and W. R. H. of, &c. and 
 who departed this life in the lifetime of the said testator, the rest 
 and residue of his estate and effects in trust to be equally divided 
 between such children of his the said testator's niece M. K. as should 
 be living at the time of his decease, and thereby appointed the said 
 E. B. executor thereof. As in and by the said will or the probate 
 
•72 EQUITY PRECEDENTS. 
 
 CH. II. thereof, when produced to this Honorable Court will appear. And 
 your orators and oratrix further shew unto your honors, that the said 
 
 His death. j_ j{_ departed this life on or about without revoking or 
 
 altering his said will, save by the said codicil, and without revoking 
 or altering the said codicil or any part thereof; whereupon the said 
 
 Probate by jj_ £_ jjjg executor in the said will named, duly proved the same in 
 the execu- . p 
 tor. the proper Court, and undertook the executorship thereof, and pos- 
 sessed himself of the personal estate and effects of the said testator 
 ''^"•^ ,.?([■ to a very considerable amount, and more than sufficient to discharge 
 his just debts,. funeral expenses, and legacies. And your orators and 
 oratrix further shew unto your honors that the said F. K. in the said 
 testator's will named, and your orator and oratrix H. K. the younger 
 and S. K. were the only children of the said M. K. in the said will 
 named who were living at the time of the death of the said testator, 
 and your orator H. K. the younger became entitled to have and 
 receive his said legacy of $ so bequeathed to him as afore- 
 said, and also his third part or share of the residue of the personal 
 estate and effects of the said testator after payment of all his just 
 debts, legacies, and funeral expenses ; and your oratrix S. K. is enti- 
 tled to have her said legacy of $ , and also her third part or 
 
 share of the said residue secured for her benefit until she shall attain 
 her age of twenty-one years or day of marriage ; and your orator 
 H. K. the elder is entitled as such administrator of the said F. K. as 
 aforesaid, to have and receive the remaining third part or share of 
 the said residue. And your orators and oratrix further shew unto 
 
 your honors that the said F. K. departed this life on or about , 
 
 intestate, and that since his death your orator, the said H. K. the 
 elder, has obtained letters of administration of the personal estate and 
 effects of the said F. K. to be granted to him by the proper Court. 
 And your orators and oratrix further shew unto your honors that 
 your orator H. K. the younger attained the age of twenty-one years 
 
 on or about , and your orators and oratrix being so entitled as 
 
 aforesaid, your orators have made frequent applications to the said 
 E. B. to pay the said legacy of $ , and the said two third 
 
 Applica- shares of the said residue ; and your oratrix hath also applied to him 
 
 tions to de- ^, ' t -n -n ^ i ^ t • i ... 
 
 fendant. the said K. 1:5. to lay out and invest her said legacy of $ , and 
 
 her third share of the said residue, upon some proper security, for 
 
 her benefit, until she shall attain her age of twenty-one years or day 
 
 of marriage, with which just and reasonable requests your orators 
 
 and oratrix well hoped that the said defendant would have complied, 
 
 as in justice and equity he ought to have done. But now so it is, 
 
 &c. (see form No. 20, p. 4,) he absolutely refuses so to do, sometimes 
 
 That test\ Pi"etending that the said testator never made any such will as is here- 
 
 tor never inbefore stated. Whereas your orators and oratrix charge the con- 
 
ORIGINAL BILLS PRAYING RELIEF. 73 
 
 trary thereof to be true, and so the said defendant will at other times CH. II. 
 
 admit. But then again he pretends that the said testator's personal made a will 
 
 estate was very small and inconsiderable, and not nearly sufficient to personal es- 
 
 pay and satisfy his just debts and funeral expenses. Whereas vour t^t«' ^as in- 
 
 , 1 i • , , , , , , sufficient. 
 
 orators and oratrix expressly charge that the personal estate and Charge the 
 
 effects of the said testator were much more than sufficient to dis- <'°°'™''y- 
 charge the said testator's just debts, and funeral expenses, and lega- 
 cies ; and so it would appear if the said defendant would set forth a 
 full, true, and particular account of all and every the personal estate 
 and effects of the said testator come to his hands or use, and also a 
 full, true, and particular account of the manner in which he hath 
 disposed of or applied the same, but which the said defendant refuses 
 to do. All which actings, &c. (see form No. 22, p. 5, interrogating 
 to the stating and charging parts.) 
 
 And that the said defendant may answer the premises ; and that Prayer. 
 an account may be taken of the personal estate and effects of the 
 said testator come . to the hands of the said defendant or of any per- 
 son or persons by his order or for his use, and also of the said testa- 
 tor's funeral expenses, debts, and legacies ; and that the same may 
 be applied in a due course of administration ; and that the said 
 defendant may be decreed to pay to your said orator H. K. the 
 
 younger his said legacy of $ ; and that the clear residue of 
 
 the said testator's personal estate and effects may be ascertained, and 
 that such share thereof as shall appear to belong and be due to your 
 orators respectively may be paid to them respectively, and that your 
 
 oratrix's said legacy of $ , and also such share of the said 
 
 residue as she shall appear to be entitled to, may be secured for her 
 benefit ; and that for those purposes all proper directions may be 
 given. (And for further relief, see form No. 25, p. 6.) May it 
 please, &c. (See form No. 26, p. 6.) 
 
 XXV. Bill by an executor, &c., to carry trusts into execution. 
 To, &c. 
 
 Humbly complaining sheweth unto your honors your orator, C. R. 
 of, &c. executor of the will and codicils of M. S., late of, &c. 
 deceased, and also a trustee, devisee, and legatee named in the said 
 will and codicils, that the said M. S. at the several times of making 
 her will and codicils hereinafter mentioned, and at the time of her Testatrix 
 death, was seised or entitled in fee simple of or to divers messuages, large free- 
 lands, tenements, and hereditaments, of considerable yearly value, in pefgn^"? 
 the several counties of C. and D., and being so seised or entitled, and estate. 
 
74 EQUITY PBECEDENTS. 
 
 CH. II. also possessed of considerable personal estate, the said M. S. on or 
 
 Will of the about made her last will and testament in writing, and which 
 
 testatrix. ^^^ ^j^jy gigngjj and published by her and attested in such manner as 
 by law is required for devising real estates, and thereby, after giving 
 divers pecuniary and specific legacies and divers annuities, the said 
 testatrix gave and devised unto your orator all, &c. (stating the sub- 
 stance of the will.) And the said testatrix afterwards on or about 
 
 made a codicil to her said will which was duly signed and 
 
 Codicils, published by her and attested as by law is required for devising real 
 estates, and thereby gave, &c., and in. all other respects she thereby 
 confirmed her said will and all other codicils by her theretofore 
 made. As by the said will and the said several codicils thel-eto, or 
 the probate thereof, to which your orator craves leave to refer, when 
 produced will appear. And your orator further sheweth unto your 
 honors that the said testatrix M. S. departed this life on or about 
 
 Death of without having revoked or altered her said will and codicils, 
 
 testatrix 
 
 leaviii" K. save as such will is revoked or altered by the skid codicils, and as 
 
 S her col some of the said codicils have been revoked or altered by some or 
 
 heiresses, one of such subsequent codicils ; and the said testatrix at her death 
 left the said E. G. formerly E. S. and the said B. S. her cousins and 
 co-heiresses at law. And your orator being by the said codicil of the 
 
 day of appointed sole executor of the said will and 
 
 codicils, hath since her death duly proved the said will and codicils 
 
 Probate by jn the proper Court, and taken upon himself the execution thereof. 
 And your orator further sheweth unto your honors that the said tes- 
 tatrix at the time of -her death was possessed of, interested in, and 
 
 Testatrix entitled unto considerable personal estate and effects, and (amongst 
 
 T)0SSG5S6Q ' \ o 
 
 of a large other things) she was entitled to an eighth share and interest in a 
 tate°and^of certain copartnership trade or business of a tin-blower and tin-melter, 
 her share which was carried on by the said testatrix and certain other persons 
 
 nership at under the firm of S. F. and Company,'in which the said 
 
 trade. testatrix had some share of the capital, and which was a profitable 
 business, and by the articles of copartnership under which the said 
 business was carried on, your orator, as the said testatrix's personal 
 representative, is now entitled to be concerned in such share of the 
 said business for the benefit of the said testatrix's estate ; and she was 
 j^^'^^^j^"^ also possessed of or entitled to certain leasehold estates held by her 
 held on for the remainder of certain long terms of years determinable on lives. 
 And your orator further sheweth that he hath possessed himself of 
 some parts of the said testatrix's personal estate, and hath discharged 
 her funeral expenses and some of her debts and legacies, and your 
 orator hath also, so far as he hath been able, entered into possession 
 of the said testatrix's estates which she was seised of or entitled to, 
 at the times when she made her said will and codicils, and which con- 
 
ORIGINAL BILLS PRAYING RELIEF. 75 
 
 sisted of, &c. being altogether of the yearly value of $ , or CH- H- 
 
 thereabouts, besides the said mansion-house, and besides the premises 
 which by the said codicil, dated the day of are de- 
 vised to your orator for his own use and benefit ; and your orator is Plaintiff 
 ,. - !•, ■■, ■ , , -./v. desirous of 
 
 desirous ot applying the said testatrix s personal estate and eflects applying 
 
 (not specifically bequeathed) in payment of the said testatrix's debts, ai e£ate°°~ 
 and of her legacies now remaining unpaid, and of the annuities be- and the 
 queathed by the said will and codicils, so far as the same will extend, real estate 
 and of paying the remainder thereof out of the rents and profits of the f'^S^^^^^^ 
 said real estates, and of applying the whole of the said rents and rections of 
 profits according to the directions of the said will and codicils, as in ^ 
 justice and equity ought to be the case. But now so it is, may it 
 please your honors, that the said J. G., and E. his wife, B. S., and 
 J. S. G., in concert with each other, make various objections to your Defendants 
 orator's applying the said personal estate and the rents and profits of thereto 
 the said real estate, according to the directions of the said will and ?"'^,i'''Se 
 
 ' ° -r. r. • 'l^at the 
 
 codicils ; And the said J. G., and E. his wife, and B. S. sometimes ■wm and 
 allege that neither the said will, nor any of the said codicils was or ^g^g „ot 
 were duly executed and attested so as to pass real estates, and that duly exe- 
 the said testatrix was not of sound and disposing mind, memory, and 
 understanding, at the several and respective times when she executed 
 the said will and codicils. Whereas your orator charges the con- ^|Jjj"|r,*''® 
 traxy of such pretences to be true, and that the said testatrix's real 
 estates were well devised by the said will and codicils in manner 
 hereinbefore stated ; And the said defendants, J. G., and E., his wife, ^"^^"^^f^ 
 sometimes pretend that by virtue of the said testatrix's will, they are e. his wife 
 entitled to the residue of the said testatrix's personal estate not spe- ^etiTuary 
 cifically bequeathed, including all her leasehold estates after payment pei-soual 
 of all her funeral expenses and debts, and that the said personal estate specifically 
 is not subject to the payment of the several legacies and annuities g^^° p^,."'®'^ 
 given by the said testatrix's said will and codicils, but is exempt from the 
 therefrom, and that all the said legacies and annuities ought to be thei"gacies 
 
 and annui- 
 ties. 
 
 paid out of the rents and profits of the said testatrix's real estates. 
 Whereas your orator charges the contrary of such pretences to be charge the 
 true, and that the said personal e^ate is applicable to the payment of all contrary, 
 the said testatrix's legacies and annuities, after satisfying all her funeral 
 expenses and debts ; And the said J. G., and E., his wife, are desir- The above- 
 ous that your orator, as the personal representative of the said testa- defendants 
 trix, should, by means of the said testatrix's share of the capital ^^™"°"^jjj_ 
 employed in the said trade or business, carry on the said trade or tiff should 
 business for the benefit of them and of the said testatrix's estate, but the'tes'ta- 
 which your orator cannot safely do without the direction and indemnity trix's trade 
 of this Court; And the said J. G. alleges that he is not of ability to efltofher 
 maintain and educate his said son J. S. G. who is tenant in tail of the estate. 
 
76 EQTJITT PRECEDENTS. 
 
 CH. n. said devised estates, subject to the said term of 100 years, and is an 
 Defendant infant of the age of ten years or thereabouts, and he therefore claims 
 1 ^'Tht *•" ^^^^ some part of the rents and profits of the said premises paid 
 he is una- to him, for the maintenance and education of the' said J. S. G. ; And 
 tain Ws'^in- Jour orator, under the circumstances aforesaid, is unable to adminis- 
 fant son, ter the said personal estate, and to execute the trusts of the said real 
 an allow- estates, without the directions of this Honorable Court, and the de- 
 mainten- fendants are desirous of having a person appointed by this Court, to 
 ance. receive the rents and profits of the said real estates devised as afore- 
 
 desirouso*/ ^^^^> ^^ ^^^ ^^^^ ^^^^ codicil, to which your orator has no objection. 
 having a In consideration whereof, and forasmuch as your orator can only have 
 appointed, adequate relief in the premises in a court of equity, where matters 
 of this nature are properly cognizable and relievable. To the end, 
 therefore, that, &c. (see form No. 24, f. 6, and interrogate to the stat- 
 ing and charging parts.) 
 Prayer. And that, the said will and codicils may be established, and that 
 
 the trusts thereof may be performed and carried into execution by 
 and under the direction of this Court ; And that an account may be 
 taken of the said testatrix's personal estate and eiFects not specifi- 
 cally bequeathed, and of her funeral expenses and debts, and of the 
 legacies and annuities bequeathed by the said will and codicils, your 
 orator being ready, and hereby offering to account for all such parts 
 of the said personal estate as have been possessed by him, and that 
 the said personal estate may be applied in payment of the said funeral 
 expenses, debts, legacie;3, and annuities, in a due course of adminis- 
 tration, and that the clear residue (if any) of the said personal estate 
 may be ascertained, and paid to the said defendants, J. G. and E., 
 his wife, in her right ; And in case it shall appear that the said per- 
 sonal estate not specifically bequeathed is not sufiicient for payment 
 of all the said funeral expenses, debts, legacies, and annuities, or that 
 any parts thereof are not payable out of such personal estate, then 
 that proper directions may be given for payment of such deficiency 
 or of such parts thereof as are not payable out of the said personal 
 estate according to the trusts of the said term of 100 years, vested 
 in your orator as aforesaid, and that an account may be taken of the 
 rents and profits of the said real estates comprised in the said term, 
 received by, or come to the hands of your orator, and that the same 
 may be applied according to . the trusts of the said term ; And that 
 proper directions may be given touching the effects specifically 
 bequeathed by the said will and codicils as heir-looms, and that 
 proper inventories may be made thereof; and that all necessary 
 directions may be given touchmg the appUcation of a sufiicient part 
 of the rents and profits of the said real estates, to the maintenance 
 and education of the said J. S. G., in case this Court shall be of 
 
OEIGINAL BILLS PRAYIN& EBLIEF. 77 
 
 opinion that any allowance ought to be made for that purpose ; and CH. II. 
 that a proper person may be appointed by this Honorable Court to 
 receive the rents and profits of the said real estates devised as afore- 
 said b'y the said fifth codicil. {And for further relief, S^c. see form 
 Ifo. 25, p. 6.) May it please, &c. (see form No. 2%, p. 6.) 
 
 E. S. 
 Pray subpoena against J. G., and E. Ms wife, B. S., and J. S. G. 
 
 XXVI. Prayer of a bill to carry the trusts of a -will into execution, and to 
 have the rights of all parties in the testator's real and personal estates 
 ascertained — an account taken of the personal estates, debts, &c. and to 
 have the clear residue ascertained and invested — an account taken of the 
 real estate — and to have the rents secured during plaintiff's minority. 
 Also that certain defendants may elect, and that if they should elect to 
 confirm the will, that they may do all necessary acts for that purpose, 
 and if they should claim against the will, then that the benefits given to 
 them by the will, may be secured for the plaintiff, or that he may be com- 
 pensated thereout for what he may lose by such election ; and that a 
 receiver may be appointed of the rents of the real estates. 
 
 And that the said will and codicil of the said testator may be estab- 
 lished, and the trusts thereof performed and carried into execution, 
 and that the rights and interests of your orator and of all parties 
 under the same, in the real and personal estate of the said testator 
 may be ascertained and declared by the decree of this Honorable 
 Court ; and that an account may be taken by and under the direction 
 of this Honorable Court, of all the personal estate and effects of the 
 said testator, and of the rents and profits of his real estates come to 
 the hands of the said defendants, or any of them, or by their or 
 either of their order, or for their, or either of their use, and also of 
 the funeral expenses and debts of the said testator ; and that the clear 
 residue of the said testator's personal estate and effects may be ascer- 
 tained, and that the same may be invested and secured for the benefit 
 of your orator ; and that an account may be taken of the real estates 
 to which your orator is entitled under the said will, and that the rents 
 and profits thereof may be secured for your orator's benefit during 
 his minority ; and if the said defendants M. W., W. C, W. E. E., 
 and A. his wife, or any of them, shall appear to have any right to, or 
 interest in any of the estates which the said testator has disposed of, 
 or assumed to dispose of, by his said will in favor of your orator, that 
 it may be declared that they are bound to elect conformably to the 
 will, or to renounce in favor of your orator the benefits given to them 
 respectively by' such will ; and if they shall elect to confirm the will, 
 that they may be decreed to do all such acts as may be necessary for 
 7* 
 
78 EQUITY PRECEDENTS. 
 
 CH. 11. confirming your orator's title to the estates so devised ; and if they 
 shall claim against the said will, that the henefits given to them 
 respectively hy the said will, may be secured for your orator, or 
 otherwise that he may be compensated thereout for what he may lose 
 by the election of the said defendants to claim against the said will ; 
 and that if necessary, a proper person may be appointed receiver of 
 the rents and profits of the said testator's real estates, with all usual 
 directions. (^And for further relief.) 
 
 XXVII. Bill by one of deceased's children against his brother (to whom 
 letters of administration had been granted) for an account of intestate's 
 estate and payment of plaintiff's share ; plaintiff' disputing the application 
 by the administrator of his share towards his maintenance and education 
 during his minority, and specially charging that under the will of an aunt, 
 defendants were bound to maintain him. 
 
 Statement Humbly complaining sheweth unto your honors your orator, L. P. 
 ertytJ'™'''of, &c. That W. P. heretofore of, &c. your orator's late father, de- 
 which the ceased, was in his lifetime, and at the time of his death, possessed of, 
 was enti- interested in, and well entitled unto, a considerable personal estate, 
 ''® ■ consisting of household goods, plate, linen, china, and wearing apparel, 
 stock on his farm, stacks of hay and corn, and divers articles, imple- 
 ments, and utensils of husbandry, ready money, moneys out at inter- 
 est upon bonds, mortgages,' and other securities, and divers other 
 goods and effects to a large amount and value, and much more than 
 sufBcient to satisfy and pay all his just debts and funeral expenses ;• 
 Death of and being so possessed, interested, and entitled as aforesaid, he the 
 leaving s'ix said W. P. did, in or about , depart this life intestate and a 
 
 children, widower, leaving T. P., W. P., E. P., M. P. and S. P., the defend- 
 
 his only ' ° .... 
 
 next of kin. ants hereinafter named, and your orator, his six children, and only 
 
 l^tt°* °f '^^'^^ of kin, him surviving. And your orator further sheweth, that 
 
 administra- some time after the death of said intestate, the said W. P., bis son, 
 
 son W. 1^. obtained letters of administration of his goods and chattels, rights and 
 
 credits, to be granted to him, by and out of the proper Court, and did 
 
 • by virtue thereof, possess himself of the personal estate and effects, 
 
 which were of the said intestate at the time of his death, to a large 
 
 amount in value, and more than sufficient to satisfy and pay all his 
 
 just debts and funeral expenses, with a large surplus or residue, 
 
 which residue became distributable in equal shares and proportions 
 
 between and amongst your orator, and the said other children of the 
 
 said intestate, according to the statute made respecting the distribu- 
 
 Plaintiff' 8 ^'""^ '^^ intestate's personal estate, afid your orator as one of such chil- 
 
 title. dren, became entitled to one sixtli part or share of the said intestate's 
 
ORIGINAL BILLS PRAYING RELIEF. 79 
 
 personal estate and effects. And your orator further sheweth, that CH. H. 
 
 being so entitled as aforesaid your orator hath frequently, by himself 
 
 and- his agents, applied to his said brother W. P., and requested him Applioa- 
 
 to come to an account with your orator for the personal estate, and 
 
 effects of their said father, deceased, and to pay to your orator his 
 
 sixth part or share of the clear residue thereof. And your orator 
 
 hoped that the said W. P. would have complied with such request, 
 
 as in justice and equity he ought. But now so it is, &c. (see form 
 
 No. 20, p. 4.) And the said defendant W. P. pretends that the per- Pretence 
 
 sonal estate and effects of the said W. P., deceased, were very small personal es- 
 
 and inconsiderable, and not more than sufficient to pay and satisfy his tate was in- 
 
 debts and funeral expenses. Whereas your orator charges the con- charge the 
 
 trary thereof to be the truth, and that the said intestate's personal '=™t'^^''y- 
 
 estate and effects were more than sufficient to satisfy and pay all, his 
 
 funeral expenses and just debts with a large overplus, and which the 
 
 said defendant W. P. will at times admit, but then he pretends that Pretence of 
 
 your orator having lived with him for many years after the death of pended by 
 
 the said intestate, he the said defendant hath expended considerable *^-.^-.™ 
 
 sums of money on the maintenance and education of your orator, and education, 
 
 which he insists he ought to be allowed to set off against your orator's fgudant's" 
 
 said claim, and to retain out of your orator's said distributive share of right to set 
 
 . ' , ■ , "^ ,„, , ottthe 
 
 the said intestate s personal estate. Yvhereas your orator charges same. 
 
 that by reason of the will hereinafter mentioned, of his late aunt, Charge 
 
 •' ' that he is 
 
 M. P., the said defendant "W. P. is not entitled to have any sum or not entitled 
 
 sums expended on the maintenance and education of your orator ^^ l^„ °^" 
 
 allowed to him, out of your orator's said distributive share of the said ^°™^ foi' 
 
 1 A -r c > 1 , mainten- 
 
 mtestate s personal estate. And your orator further charges that ance, for 
 M. P., late of, &c. spinster, deceased, by her last will and testament fl,e'.^Sf ^f 
 in writing, bearing date, &c. (amongst other things) gave and be- plaintiff's 
 queathed, «fec. {all her effects to the said W. P. and S. P. to be equally and the 
 divided between them and her other nephews and nieces, defendants, „"' j'„ ^^' 
 and they were to maintain plaintiff' until twenty-one, or otherwise to are bound 
 forfeit their shares.) And your orator further charges, that soon after plaintiff. 
 making and pubHshing her said will, the said testatrix departed this Charge 
 life possessed of a considerable personal estate, and particularly of trix died 
 such goods and effects as in her will mentioned, and leaving your ^f ^^u^e 
 orator and the said defendants her nephews and nieces her surviving • personal 
 and the said defendant S. P. hath duly proved the said will in the „j^^j. '^^_ 
 proper Court, and hath by virtue thereof possessed herself of the fendant S. 
 said testatrix's personal estate and effects, and together with the he/wm^ 
 other defendants hath taken possession of the several goods and ^^^ '''j' , 
 effects so bequeathed to them by the said will, and have retained other de- 
 and applied the sar&e to their own use amongst themselves as herein- p®o°ges°s'ed 
 before is stated, and that your orator is advised, and hereby insists themselves 
 
80 EQUITY PRECEDENTS. 
 
 CH. II. that by reason of the said condition contained in the said will the 
 
 of and di- said W. P. ought not to be allowed any charge against your orator 
 
 ■nded all fo^ his maintenance and education, inasmuch as the said W. P. hath 
 
 ll^s^ttte!"" already received a full satisfaction for the same in manner aforesaid, 
 
 That W. P. and which he will at times admit ; but then the said defendant W. P.- 
 
 be^aMowed" pretends and sets up some other claims against your orator, and 
 
 any charge J. fy ^ discover the particulars thereof; and the said defendants 
 lor plain- ^ • l* -i. j 
 
 tlfif's main- T. P., &c. severally refuse to join with your orator m this suit, under 
 
 Pretence ^ pretence that they, or some of them, have been fully paid and satis- 
 of other fied their shares of the said intestate's estate and effects, but how and 
 dajms by .^ ^^^^ manner they have been paid and satisfied the same, they sev- 
 That the erally refuse to discover. All which actings, &c. {see form No. 22, 
 fendanttre- P- 5, interrogating to the stating and charging parts.) 
 fuse to join j^^^ that an account may be taken under the direction of this 
 Prayer!"' ' Honorable Court, of the personal estate and effects of the said intes- 
 tate, W. P., the father, possessed by, or come to the hands of the 
 said defendant, W. P., or any other person or persons, by his order 
 or for his use ; and that an account may be also taken of the debts 
 and funeral expenses of the said intestate, "W. P. ; and that the per- 
 sonal estate of the said intestate may be applied in a due course of 
 administration ; and that the clear residue thereof may be ascertained, 
 and that one sixth part or share of such clear residue may be paid 
 by the said defendant, W. P., to your orator. . {And for further 
 relief, see form No. 25, p. 6.) May it please, &c {see form No. 26, 
 p. 6.) 
 
 X. 
 
 Bills for Partition. 
 
 XXVIir. Bill by one tenant in common against another, for partition. 
 
 Humbly complaining sheweth unto your honors your orator, C. A. 
 of, &c. That your orator is seised to him and his heirs, of a capital 
 messuage or mansion-house, called S., and of several stables, out- 
 buildings, gardens, and closes of land, in the county of B., all which 
 Titles of premises are now in the occupation of your orator; and your orator 
 and defend- is also seised of two equal undivided third parts of and in an estate 
 "'"'• called S., consisting of a farm-house, stable, and out-houses, and 
 
 about acres of land, which said farm is let to H. N., at the 
 
 yearly rent of $ . And your orator further sheweth unto 
 
 your honors, that E. B., of, &c. (the defendant Viereinafter named) 
 is seised of or entitled to the other undivided third part of the said 
 
OKIGINAL BILLS PRAYING RELIEF. 81 
 
 farm, by virtue of, and under some conveyance made to him by E. CH. n. 
 his wife, (late E. A. your orator's sister,) before her intermarriage 
 with the said E. B. And your orator further sheweth unto your 
 honors, that all the said premises were formerly the estate of H. A., 
 your orator's late father, deceased, who built the said capital mes- 
 suage or dwelling-house, and set apart, and converted part thereof 
 into a farm-house. And your orator further shewetli unto your hon- 
 ors, that your orator has no separate yard, but makes use of the 
 yard belonging to the said farm-house, in common with the tenant ; 
 and that your orator's stable, and several of his out-houses are 
 intermixed in the same yard with those of the said tenant. And 
 your orator further sheweth unto your honors, that the enjoyment of 
 the said farm and premises in common, is liable to difiiculties and 
 controversies, and is attended with great inconvenience, especially to Inconveu- 
 your orator, whose separate property adjoins thereto, and is inter- the prem- 
 mixed therewith. And your orator has therefore applied to the jses being 
 said E. B. to consent to a partition of the said farm and premises, common. 
 and hoped he would have complied with such request. But now so Applioa^ 
 it is, the said E. B. refuses to consent thereto, unless compelled by „ ,' , 
 a judgment at common law, or by the decree of this Honorable Court. 
 To the end, therefore, •&c. (Interrogate to the material parts of the 
 statement, as in form No. 24, p. 6.) And that a commission may prayer. 
 issue out of this Honorable Court, to divide, separate, and allot one 
 third part of the said farm and premises, from the other parts 
 thereof, to be held and enjoyed by the said E. B. and his heirs in 
 severalty : and that your orator, his heirs and assigns, may be decreed • 
 to enjoy the other two third parts in severalty from the said E. B. ; 
 and that proper conveyances may be executed accordingly, or that 
 your honors will make such other order and decree in the matters 
 aforesaid, as to your honors may seem meet, and the circumstances of 
 this case require. May it please, &c. (End by praying process of 
 subpoena against the said E. B. as in form No. 26, p. 6.) 
 
 XXIX. Bin by co-heiresses and their husbands for a partition of freehold 
 
 estates. 
 
 In Chancery. 
 
 To, &c. 
 
 Humbly complaining shew unto your honors your orators and 
 
 oratrixes, T. K., of, &c. and C. his wife, L. G., of , and M. 
 
 his wife, and J. V., of, &c. widow. That W. S., of, &c. deceased. 
 
82 EQUITY PRECEDENTS. 
 
 CH- H- the late father of your qratrixes, C. K., M. G., and J. V., and also 
 That the of E. F., wife of E. F. of, &c. (the defendants hereinafter named) 
 th?femlle '^^^ ^^ ^^^ lifetime, and at the time of his death, seised in fee simple 
 plaintiffs or of Some other good estate of inheritance, to him and his heirs, of 
 ta^feeT/ and in all that messuage or dwelling-house, &c. and also of and in 
 certain es- ^11 that Other messuage, &c. All which said messuages, lands, and 
 premises, are situate, lying and being in, &c. and being so seised, he 
 the said "W. S. did many years since depart this life intestate, leaving 
 His death M. S., his wife, and your oratrixes and their said sister E. F., his four 
 intestate daughters, and only children and co-heiresses, him surviving; and 
 female upon his death, the said messuages, land, hereditaments, and prem- 
 and defend- "^es, descended upon, and came to your oratrixes and the said E. F. 
 ant E. F. ^s such co-heiresses, subject only to the dower of their said mother, 
 at law, to M. S. And your orators and oratrixes further shew unto your 
 TstatJs'de- honors, that the said M. S., the widow and relict of the said W. S. 
 
 soended, departed this life some time in or about the month of , where- 
 
 the dower upon your orators and oratrixes, T. K., and C. his wife, and L. G., 
 of Ms wid- ^jjjj ]^£ jjjg wife, in right of your oratrixes, C. and M., and also your 
 Her death, oratrix, J. V., and the said R. F. and E., his wife, in right of the said 
 Statement E., have ever since been, and now are severally seised in fee of and 
 of plaintiffs in the said messauges, lands, hereditaments, and premises, in four 
 and defend- gqy^l, undivided parts or shares, as tenants in coparcenary. And 
 your orators and oratrixes further shew unto your honors, that 
 Applica- they have frequently applied unto, and requested the said R. F., and 
 deftndanta! E-, his wife, to join and concur with your orators and oratrixes, in 
 making a fair, just, and equal partition of the said premises between 
 them, in order that their respective shares and proportions thereof 
 might be allotted, held, and enjoyed in severalty. And your orators 
 and oratrixes well hoped that the said R. F., and E., his wife, would 
 have complied with such their reasonable requests, as in justice and 
 equity it ought to have been. But now so it is, may it please your 
 honors, that the said R. F., and E., his wife, combining and confed- 
 erating to and with divers persons, &c. {see form No. 20, p. 4,) 
 Refusals by they the said defendants absolutely refuse to comply with such your 
 P ""T d' orators and oratrixes reasonable requests as aforesaid, pretending 
 that a par- that your orators and oratrixes, and the said defendants have ever 
 not™e^'d- si"ce the death of the said W. S. and M. S. respectively, their said 
 vanta- late father and mother, deceased, constantly and regularly divided 
 the yearly rents and profits of all the said messuages, lands, heredity 
 aments and premises equally between them, and that it wiU not be 
 to the benefit or advantage of either of them to make an actual par- 
 tition thereof. Whereas your orators and oratrixes charge, and so 
 contrary. " the truth is, that a fair, jiist, and equal partition of the said heredita- 
 ments and premises will tend greatly to the benefit and advantage ot* 
 
 Charge the 
 
ORIGINAL BILLS PRATING RELIEF. 83 
 
 your orators and oratrixes, and the said defendants, but they the said CH. 11. 
 defendants under divers frivolous pretences absolutely refuse to join 
 or concur with your orators and oratrixes therein. All which act- 
 ings, &c. {see form No. 22, p. 5, interrogating to the stating and 
 charging parts.) 
 
 And that a commission of partition may be issued out of and under prayer. 
 the seal of this Honorable Court, and directed to certain commissioners 
 therein named, to divide and allot the said messuages, lands, heredit- 
 aments and premises in equal fourth parts or shares ; and that one 
 full and equal fourth part or share may be allotted and conveyed unto 
 your orator and oratrix, T. K., and C, his wife, and the heirs and 
 assigns of your oratrix C. K. ; that one other full and equal fourth 
 part or share may be allotted and conveyed unto your orator and ora- 
 trix, L. G., and M., his wife, and the heirs and assigns of your oratrix, 
 M. G. ; and that one other full and equal fourth part or share may 
 be allotted and conveyed unto your oratrix, J. V., her heirs and 
 assigns ; And that your orators and oratrixes, T. K., and C. his wife, 
 L. G., and M. his wife, and J. V., may severally hold and enjoy their 
 respective allotments of the said hereditaments and premises, accord- 
 ing to the natures thereof in severalty ; and that all proper and nec- 
 essary conveyances and assurances may be executed for carrying such 
 partition into effect. (And for further relief , see form No. 25, p. 6.) 
 May it please, &c. (see form No. 26, p. 6.) 
 
 XXX. Bill for a dissolution of a partnership, and for an injunction to restrain 
 one of the defendants from collecting debts. 
 
 To, &c. 
 
 Humbly complaining sheweth unto your honors your orator, P. C. 
 
 of, &c. That in or about the month of your orator entered 
 
 into an agreement with C. B., of, &e. and C. F., of, &c. the defend- 
 ants hereinafter named, to form a partnership with them, in the Agreement 
 business of auctioneers, which agreement was reduced into writing, n^^r^h^'^re- 
 and signed by your orator and the said defendants, and was in the duced into 
 words and figures, or to the purport and effect following, (that is to 
 say) : [stating the same.'^ As in and by the said agreement, refer- 
 ence being thereunto had, will appear. And your orator further 
 sheweth that the said copartnership business was entered upon and 
 hath ever since continued to be carried on by your orator and the 
 
 said defendants, in pursuance of and under the aforesaid agreement, ^° fi^iol^s 
 ' "^ . ° 'or other m^ 
 
 no articles or other instrument havmg ever been prepared and exe- strument 
 
 cuted between them. And your orator further sheweth unto your jj^""®^®"*^" 
 
84 EQUITY PKECBDENTS. 
 
 ^H. II. honors, that having much reason to be dissatisfied with the conduct 
 Plaintiif of the said C. B., and being desirous therefore to dissolve the said 
 
 dissolve ° partnership, your orator, on or about , caused a notice in 
 
 the part- writing, signed by your orator, to be delivered to the said G. B. and 
 caused no- C. F., in the words and figures of the purport and effect following, 
 given'tothe (*^* ^® *° ^^J") • " ^^ conformity," &c. &c. As in and by such 
 defendants, written notice now in the custody or power of the said defendants or 
 fendantc *'°® °^ them, when produced, will appear. And your orator further 
 
 B. has ap- sheweth that the said C. B. hath from time to time since the corn- 
 sums to his mencement of the said partnership, applied to his own use, from the 
 own use, receipts and profits of the said business, very large sums of money, 
 cealed the greatly exceeding the proportion thereof to which he was entitled, 
 has never ^^^ ™ order to conceal the same, the said C. B., who has always had 
 th^'''h''^w ^^^ management of the said copartnership books, hath never once 
 
 balanced the said books. And your orator further sheweth that 
 
 having, in the beginning of the year , discovered that the said 
 
 Plaintiffre- C. B. was greatly indebted to the said copartnership, by reason of 
 
 quested jjjg application of the partnership moneys to his own use, your orator, 
 
 the moneys in order to form some check upon the conduct of the said C. B., 
 
 fnto the requested that he would pay all copartnership moneys which he 
 
 ^^°'^h'^h' received into their bankers, and would draw for such sums as he 
 
 refused to had occasion for ; but the said C. B. hath wholly disregarded such 
 
 retained ^^ request, and hath continued to apply the partnership moneys received 
 
 the same, by him, to his own use, without paying the same into, the bankers, 
 
 and hath also taken .to his own use, moneys received by the clerks, 
 
 and hath by such means greatly increased his debt to the partnership, 
 
 without affording to your orator and the said C. F. any adequate 
 
 means of ascertaining the true state of his accounts. And your 
 
 orator further sheweth, that he hath by himself and his agents, from 
 
 Applica- time to time applied to the said C. B., and hath requested him to 
 
 defendant^ come to a full and fair account in respect of the said copartnership 
 
 C. B. transactions, with which just and reasonable requests your orator 
 
 weU hoped that the said defendant would have complied, as in justice 
 
 and equity he ought to have done. But now so it is, &c. (see form 
 
 No. 20, /I. 4,) the said defendant C. B. absolutely refuses so to do, 
 
 Pretence and he at times pretends that he hath not received and applied to his 
 
 fendant" o^** "^^^ more than his due proportion of the partnership profits. 
 
 C. B. has Whereas your orator charges the contrary thereof to be the truth, 
 
 not receiv- •' ° •' ' 
 
 ed more and SO it would appear if the said defendant would set forth a full 
 
 duTpropor- ^°*i true account of all and every his receipts and payments, in 
 
 tionofthe respect of the said partnership transactions, and of the gains and 
 
 profits which have been made in each year since the commencement 
 
 Charge the gf tjig said partnership. And your orator charges that the said C. B. 
 
 and that he hath in fact received the sum of $ and upwards, beyond his 
 
 has receiv- 
 
ORIGINAL BILLS PRAYING RELIEF. 85 
 
 due proportion of the partnersliip profits, and that he is nevertheless GH. II. 
 proceeding to collect in the partnership debts and moneys, whereby g^ »_ 
 
 the balance due from him will be increased, to the great loss and and up- 
 
 c Ti -nz-iT-i.T 1 wards, and 
 
 injury oi your orator and the said (J. £ . And your orator charges is proceed- 
 that the said C. B. ought therefore to be restrained by the order and J°|j '? "j^" 
 injunction of this Honorable Court from collecting and receiving any debts, and 
 
 i"liji1" Tip 
 
 of the said partnership debts and moneys. And your orator charges ouo-httobe 
 
 that the said C. F. refuses to ioin vour orator in this suit. All which restrained 
 ■jT n ■ 7 • 7 tnerefrom. 
 
 actings, &c. [see form Jyo. 22, p. o, interrogati7ig to the stating and That the 
 
 charging parts.) fendLtre- 
 
 And that the said defendants may answer the premises ; and that fuses to 
 the said copartnership may be declared void, and that an account may suit. 
 be taken of all and every the said copartnership dealings and trans- Prayer. 
 actions from the time of the commencement thereof; and also an 
 account of the moneys received and paid by your orator and the said 
 defendants respectively in regard thereto. And that the said de- 
 fendants may be decreed to pay to your orator what, if anything, 
 shall, upon the taking of the said accounts appear to be due to him, 
 your orator being ready and willing, and hereby offering to pay to 
 the said defendants, or either of them what, if anything, shall upon 
 the taking of the said accounts, appear to be due to them, or either 
 of them, from your orator. And that in the mean time, the said de- 
 fendant C. B. may be restrained by the order and injunction of this 
 Honorable Court, from collecting or receiving the partnership debts or 
 other moneys. {And for further relief, see form No. 25, p. 6.) May 
 it please, &c. {see forms No. 26, p. 6, and No. 29, p. 7.) J. L. 
 
 Pray subpoena against G. F. and subpoena and injunction against 
 C.B. 
 
 XXXI. Bill for an account of partnership dealings after a dissolution, and 
 for a receiver, and also for an injunction to restrain the defendant from 
 receiving any of the partnership debts. 
 
 To, &c. 
 
 Humbly complaining sheweth unto your honors your orator, A. B., Plaintiff 
 
 of , That on or about your orator and P. H. W. of, ^JJj entCTed 
 
 &c. the defendant hereinafter named, entered into copartnership to- into part- 
 
 ^ .... nership as 
 
 gether as attorneys and solicitors, your orator engaging to bring into solicitors. 
 
 the business the sum of $ , and being to receive one third part 
 
 or share of the profits ; and the said P. H. W. engaging to bring into 
 
 the business the sum of $ , and being to receive two third parts 
 
 or 'shares of the said profits. And your orator further sheweth unto 
 
86 EQUITY PRECEDENTS. 
 
 CH. ]I. your honors that your orator accordingly brought into the business 
 
 the said sum of $ , and that the said copartnership was carried 
 
 on and continued until the day of , when the same 
 
 Partner- was dissolved by mutual consent, and the usual advertisement- of such 
 
 solveOv "dissolution was inserted in the Gazette. And your orator 
 
 mutual " further sheweth that the said copartnership business was carried on in 
 a house in , which at the time of the dissolution of the said co- 
 Defendant partnership was held by the said defendant and your orator under an 
 lease of the agreement for a lease for years from , and it was ver- 
 
 premises bally agreed between the said defendant and your orator that the said 
 ■\vhere the ./ o j 
 
 business defendant should take to himself the benefit of the said agreement, 
 was carried accounting to your orator for his proportion of the value thereof, and 
 That no ^^ pursuance of such agreement the said defendant hath ever since 
 settlement continued and now is in possession of the said house. And your ora- 
 
 01 accounts ^ "^ 
 
 has taken tor further sheweth unto your honors, that no settlement of the said 
 P^"®; copartnership accounts hath ever been made between your orator 
 tions to the and the said defendant, and that since the said dissolution your ora- 
 defendant. jq,. Jjj^j.Jj repeatedly applied to the said defendant to come to a final 
 settlement with respect thereto. And your orator well hoped that 
 the said defendant would have complied with such your orator's rea- 
 sonable requests as in justice and equity he ought to have done. 
 Charge But now so it is, &c. (see form No. 20, p. 4,) the said defendant 
 got posses- absolutely refuses so to do. And your orator charges that the said 
 bcTOks"^ and "defendant hath possessed himself of the said copartnership books and 
 refuses to hath refused to permit your orator to inspect the same, and hath 
 plaintiff to ^^^ refused to render to your orator any account of the copartnership 
 
 inspect the moneys received by him. And your orator charges that he has 
 
 same, or to . . , , . , ° 
 
 account, smce the said dissolution paid the sum of $ in respect of the 
 
 Charge copartnership debts. And your orator further charges that upon a 
 
 that plain- ^ ■, ■ , ,. ■ , . 
 
 tiff has true and just settlement of said accounts it would appear that a con- 
 P^^'^^P^^"*^ siderable balance is due from the said defendant to your orator in 
 That a respect of their said copartnership dealings ; but nevertheless the 
 an^fe isVe Said defendant is proceeding to collect in the said copartnership debts 
 
 deTntont. ^""^ ^° ^PP'^ ^^^ ^^™'^ *° ^'^ °^^ "^^' "^^^(^^ ^'^^ said defendant is 
 That he is enabled to do by means of his possession of the books of account as 
 ?o™colfet"in aforesaid. And your orator charges that the said defendant ought to 
 the debts be restrained by the injunction of this Honorable Court from collect- 
 
 and ougut . . , . 
 
 to be re- mg in the said debts, and that some proper person ought to be ap- 
 thel-efrom. Pointed by this Honorable Courffor that purpose. All which actings, 
 &c. (see form Ao. 22, p. 5, interrogating to the stating and charging 
 parts.) 
 Prayer. And that an account may be taken of all and every the said late 
 
 copartnership dealings and transactions until the time of the expira- 
 tion thereof, and that the said P. H. W. may be directed to pay to 
 
ORIGINAL BILLS PRATING RELIEF. 87 
 
 your orator what, if anything, shall upon such account appear to be CH. II. 
 due from him, your orator being ready and willing and hereby offer- 
 ing to pay to the said P. H. W. what, if anything, shall appear to be 
 due to him from the said joint concern. And that some proper per- 
 son may be appointed to receive and collect all moneys which may be 
 coming to the credit of the said late copartnership. And that the 
 said P. H. W. may in the mean time be restrained by the order and 
 injunction of this Honorable Court from collecting or receiving any of 
 the debts due and owing thereto. (And for further relief see form 
 No. 25, p. 6.) May it please, &c. {see forms No. 26, p. 6, and No. 
 29, p. 7.) 
 
 XII. 
 
 Bills for Redemption. 
 
 XXXII. Bill by the heir-at-law of the mortgagor for redemption of freehold 
 
 lands. 
 To, &c. 
 
 Humbly complaining sheweth unto your honors your orator, J. G., That plain- 
 of, &c. That J. G. the elder, late of, &c. but now deceased, was seised oSsed^" 
 in fee simple of or otherwise well entitled to a certain piece or parcel father was 
 of real estate, &c. And your orator further sheweth that the said fee, and cx- 
 
 J. G., the elder, in or about the year , made some conveyance s""''^'' * 
 
 and assignment of the said premises unto W. B. of, &c. the defend- to the de- 
 ant hereinafter named by way of mortgage for securing the repayment 
 of a certain sum of money with interest then advanced to the said J. 
 G. by W. B. or by J. B. then of, &c. on the part of and as the agent That de- 
 
 of the said W. B. And your orator further sheweth unto your hon- fondant 
 
 •' ■' took pos- 
 
 ers that the said W. B. upon or soon after the making of the said session of 
 
 security, entered into the possession of the said mortgaged, premises, jgej. 
 
 or into the receipt of the rents and profits thereof, and hath ever since Death of 
 
 continued in such possession and receipt. And your orator further pare"nts 
 
 sheweth that the said J. G., the elder, departed this life in or about the and that 
 
 1 • 1 ■ 1 1 • 1 11 plaintiff be- 
 
 year , leaving your orator his sole heir-at-Iaw, who thereupon came en- 
 became entitled ,to the equity of redemption of the said mortgaged j,eir.at^-iaw 
 premises. And your orator hath frequently applied to the said W. to his 
 B. and requested him to come to an account for the rents and profits „. ^^ , " 
 of the said premises so received by him, and to pay over to your fendant 
 orator what he should appear to have so received beyond the amount payments 
 of the principal and interest due to him, and to deliver up the pos- '° ''^t-^ > . 
 session of the said mortgaged premises ; and your orator well hoped father. 
 that the said defendant would have complied with such requests as ^'^'^]^?\i. 
 in justice and equity he ought to have done, but that the said W. B. defendant. 
 
]8 EQUITY PRECEDENTS. 
 
 CH. II. acting in concert with divers persons unknown to your orator, re- 
 ~ fuses to comply therewith. To the end therefore that, &c. (see form 
 No. 23, p. 6.) 
 
 And that the said defendant may answer the premises ; and that an 
 account may be .taken of what, if anything, is due to the said defend- 
 ant for principal and interest on the said mortgage, and that an account 
 may also be taken of the rents and profits of the said mortgaged prem- 
 ises which have been possessed or received by the said defendant, 
 or by any other person or persons by his order or for his use, or which 
 without his wilful default or neglect might have been received ; and 
 that if it shall appear that the said rents and profits have been more 
 than sufficient to satisfy the principal and interest of th^e said mort- 
 gage, then that the residue may be paid over to your orator; and 
 that your orator may be permitted to redeem the said premises, 
 your orator being ready and willing and hereby offering to pay what, 
 if anything, shall appear to remain due in respect to tie principal and 
 interest on the said mortgage ; and that the said defendant may be 
 . decreed to deliver up possession of. the said mortgaged premises to 
 your orator, or to such person as he shall direct, free from aU. incum- 
 brances made by him or any person claiming under him, and may 
 deliver over to your orator all deeds and writings in his custody or 
 power relating to the said mortgaged premises. (And for further 
 relief see form No. 25, p. 6.) May it please, &c. {see form No. 26, 
 p. 6.) 
 
 J. L. 
 Prai/ subpoena against W. B. 
 
 Applica- 
 tion for a 
 loan and 
 advance- 
 ment of 
 money on 
 the secur- 
 ity of 
 goods. 
 
 A bill of 
 sale deliv- 
 ered to de- 
 fendant. 
 
 Agreement 
 that plain- 
 tiff should 
 
 XXXin. Bill to have goods redelivered which have been deposited as a 
 security for money lent. 
 
 Humbly complaining sheweth unto your honors your orator, A. S., 
 of, &c. that your orator having occasion for a sum of money for the 
 purposes of his business, made application to P. S. of, &c. the de- 
 fendant hereinafter named, to lend him the same, and thereupon the 
 
 said P. S. on or about advanced and lent to your orator the 
 
 sum of $ , and in order to secure the repayment thereof with 
 
 interest, your orator deposited with the said defendant \here insert a 
 
 description of the goods^ which were of the value of § and 
 
 upwards, and at the same time executed and delivered to the said 
 defendant a bill of sale of the said goods so deposited with him, but 
 it was not meant and intended thereby either by your orator or the 
 said defendant that the said transaction should amount to an absolute 
 sale of the said goods to the said defendant, but it was expressly 
 agreed between your orator and the said defendant, that your orator 
 
OKIGINAL BILLS PRAYING RELIEF. 89 
 
 should nevertheless be at liberty to redeem the same. And your CH. II. 
 orator further sheweth that being-desirous to redeem the said goods, be at liber- 
 he hath repeatedly applied to the said P. S. and hath offered to repay *y '° ^?- 
 
 him the said sum of ^ with lawful interest thereon, on having goods. 
 
 the said goods redelivered to him, with which just and reasonable Applica- 
 requests your orator well hoped that the said P. S. would have com- defendant. 
 plied, as in justice and equity he ought to have done. But now so it 
 is, &c. {see form No. 20, p. 4.) To the end, &c. {see form M>. 23, 
 p. 5, interrogating to the statements.) 
 
 And that the defendant may answer the premises ; and that an Prayer. 
 account may be taken of what is due to the said defendant for princi- 
 pal and interest in respect of the said loan of $ , and that upon 
 
 payment thereof by your orator the said defendant may be decreed to 
 deliver over to your orator the said goods so deposited with him as 
 aforesaid. {And for further relief, see form No. 25, p. 6.) May it 
 please, &c. {see form No. 26, p. 6.) 
 
 J. L. 
 
 The mort- 
 
 XXXIV. Bill to set aside a decree of foreclosure fraudulently obtained, 
 and for a redemption. 
 
 Humbly complaining sheweth unto your honors your orator, A. B., 
 of, &c. That T. B., late of, &c. Esq., deceased, your orator's late 
 
 father, during his life, and on or about the day of , 
 
 was seised in his demesne as of fee, of and in the hereditaments 
 hereinafter particularly mentioned ; and by indenture of that date, 
 made between the said T. B. of the oae part, and C. D., of, &c., 
 (the defendant hereinafter named) of the other part ; the said T. B., 
 
 in consideration of $ , granted, bargained, sold, and demised 
 
 unto the said C. D., his executors, administrators, and assigns, for 
 the term of one thousand years, all, &c. {describe the premises,) 
 subject to redemption on payment of the said principal money and 
 lawful interest, at the time therein mentioned, and long since past, 
 as by the said indenture, reference being thereunto had, will more 
 fully appear. And your orator further sheweth unto your honors the original 
 
 that the said T. B. departed this life on or about , leaving J^°^;^^^°[[^ 
 
 your orator his heir-at-law, and only child, then an infant under the plaintiff, 
 age of twenty-one years (that is to say of the age of seven years, f^^" h?s'°" 
 or thereabouts,) him surviving. And your orator further sheweth heir-at-law. 
 unto your honors, that during your orator's minority, and on or ^^^^^j ^ \^_ 
 about , the said C. D. filed his bill of complaint in this Hon- cree of fore- 
 
 closurs 
 
 orable Court against your orator for a foreclosure of your orator's fraudulent- 
 right and equity of redemption in the said mortgaged premises ; but g^jJinstThe 
 your orator was not represented in such bill to be then an infant plaintiif. 
 
90 EQUITY PKECEDENTS. 
 
 CH. 11. ajj(j the said C. D. caused and procured one L. M., since deceased, 
 during his '"'^^ acted in the management of the aflairs of your orator's said 
 minority, father, to put in an answer in the name of your orator, and without 
 ever acquainting your orator, or any of his friends or relations, there- 
 with ; in which said answer a much greater sum was stated to be due 
 from your orator, on the said mortgage security, to the said C. D., 
 than in fact was really owing to him, and for which it was also 
 untruly stated that the said mortgaged premises were an insufficient 
 Such de- security; and in consequence of such answer being put in, the said 
 which no C. D. afterwards, in conjunction with the said L. M., on or about 
 
 to"shew^^° ' obtained an absolute decree of foreclosure against your 
 
 cause, only orator, which your orator has only lately discovered, and of which 
 lately dis- ' , "', . j • , • . -j i j ■ ■ 
 
 covered by your orator had no notice ; and in which said decree no day is given 
 
 the plain- j.^ your orator, who was an infant when the same was pronounced, 
 to shew cause against it when he came of age ; as by the said pro- 
 ceedings now remaining as of record in this Honorable Court, refer- 
 
 Plaintiff ence being thereunto had, will more fully appear. And your orator 
 
 became of ^ , , , , ,, . 1, 
 
 age, disoov- lurther sheweth unto your honors, that your orator, on the 
 
 fr^ ? sfd ^^y °^ ^^®*' attained the age of twenty -one years, and shortly 
 
 applica- afterwards, having discovered that such transactions had taken place 
 defendant, during his minority as aforesaid, by himself and his agents repre- 
 sented the same to the said C. D., and requested him to deliver up 
 possession of the said mortgaged premises to your orator, on being 
 paid the principal money and interest, if any, actually and fairly due 
 thereon, which your orator oflFered, and has at all times been ready 
 to pay, and which would have been paid by the personal representa- 
 tives of the said T. B. out of his personal assets, during your orator's 
 minority, had any application been made for that purpose. And 
 your orator hoped the said C. D. would not have insisted on the 
 said decree of foreclosure, so fraudulently obtained as aforesaid, but 
 would have permitted your orator to redeem the said mortgaged 
 premises, as he ought to have done : But now so it is, may it please 
 your honors, the said C. D. combining, &c. ( Charge confederacy as 
 Pretence of in form No. 20, p. 4.) Pretends that the said decree of foreclosure 
 rf the de-'^ was fairly and properly obtained, and that a day was therein given 
 cree. to your orator when of age, to shew cause against the same, and 
 
 that your orator has neglected to do so ; and that your orator is 
 
 Charge, neither entitled to redeem, or to travel into the said accounts. 
 
 that SIX 
 
 months Whereas your orator charges the contrary thereof to be true, and 
 
 efa^fsed' t^^* y^""^ orator only obtained the age of twenty-one years on the 
 
 since the said day of , and that he has since discovered the 
 
 attahied several matters aforesaid by searching in the proper offices of this 
 
 ylarsfand^ Honorable Court ; and your orator expressly charges, that under the 
 
 that he has circumstances aforesaid, the said decree, so fraudulently obtained as 
 
ORIGINAL BILLS PRAYING RELIEF. 91 
 
 hereinbefore mentioned, ought to be set aside, and your orator ought CH. 11. 
 not to be precluded thereby, or in any other manner, from redeem- ^.^^^^ ^^^^ 
 ing the said mortgaged premises, of which the said C. D. has pos- such dis- 
 sessed himself by such means as aforesaid. {For these parts of the aforesaid. 
 hill, see form No. 23, p. 5, and interrogate to the material parts q/" Prayer. 
 this hill.) And that the said decree of foreclosure may, for the 
 reasons, and under the circumstances aforesaid, be set aside by this 
 Honorable Court, and declared to be fraudulent and void ; and that an 
 account may be taken of what, if anything, is now due to the said 
 C. D. for principal and interest on the said mortgage ; and that an 
 account may also be taken of the rents and profits of the said mort- 
 gaged premises which have, or might have been received by, or on 
 the behalf of the said C. D. ; and if the same shall appear to have 
 been more than the principal and interest due on the said mortgage, 
 then that the residue thereof may be paid over to your orator ; and 
 that your orator may be at liberty to redeem the said mortgaged 
 premises, on payment of the principal and interest, if any, remaining 
 due on the said security ; and that the said C. D. may be decreed, 
 on being paid such principal money and interest, to deliver up pos- 
 session of the said mortgaged premises, free from all incumbrances, 
 to your orator, or as he shall appoint, and to deliver up all title deeds 
 and writings relative thereto. (^And for general relief, as in form 
 No. 25, p. 6.) May it please, &c. {End by praying process of 
 subpoena against the said O. D., as inform No. 26, p. 6.) 
 
 XIII. 
 
 Bills relating to the Execution of Trusts. 
 
 XXXV. Bill to remove trustees; one refusing to act, and the other a pris- 
 oner for debt having applied part of the trust moneys to his own use. 
 Prayer for an account, and for an injunction to restrain them from any 
 further interference ; — also for a reference to a Master to appoint new 
 trustees, and for a receiver. 
 
 To, &c. 
 
 Humbly complaining shew unto your honors your orator and 
 
 oratrixes, J. E., of, &c. and S., his wife, and S. E., the younger, 
 
 spinster, the daughter and only child of your orator and oratrix, 
 
 J. E., and S., his wife. That by indenture bearing date , and Deed of as- 
 
 1 .TT-i 1CI1--/-P, signmentot 
 
 made between your orator and oratrix, J. E., and b., his wife, of the moneysand 
 
 one part, and N. B., of, &c., and R. P., late of, &c., but now a jjfe dlfend- 
 
 prisoner in the jail of (the defendants hereinafter named) of ants as 
 
 the other part, after reciting that, &c. (stating the indenture.) As 
 
92 EQUITY PRECEDENTS. 
 
 CH- n. i,j the said indenture, to wliich your orator and oratrixes crave leave 
 That K. p. to refer, when produced will appear. And your orator and oratrixes 
 hathprinci- further shew unto your honors, that the said E. P. hath principally 
 and applied acted in the trusts of the said indenture, and hath by virtue thereof, 
 to hS'own^ from time to time, received considerable sums of money and other 
 "se. effects, but the said R. P. hath applied only a small part thereof upon 
 
 the trusts of the said indenture, and hath applied and converted the 
 residue thereof to his own use, and in particular the said R. P. hath 
 within a few months past, received a considerable sum from- the estate 
 and effects of the said C. E., the whole of which he applied to his 
 own use. And your orator and oratrixes further shew that they have 
 Uons to'the ^J themselves and their agents, repeatedly applied to the said R. P. 
 defendants, and N. B. for an account of the said trust property received and pos- 
 sessed by them, and of their application thereof. And your orator 
 and oratrixes well hoped that the said defendants would have com- 
 plied with such their reasonable request, as in justice and equity they 
 ought to have done. But now so it is, &c. (see form No. 20, p. 4.) 
 Pretence ^jj^ the said defendants pretend that the trust property and effects 
 property possessed and received by them were to an inconsiderable amount, 
 siderable ' ^'^^ that they have duly applied the same upon the trusts of the 
 and has aforesaid indenture. Whereas your orator and oratrixes charge the 
 
 been duly ■' ° 
 
 applied. contrary of such pretences to be the truth, and that so it would 
 
 Charge the appear if the said defendants would set forth, as they ought to do, a 
 
 ^' full and true account of all and every the said trust property and 
 
 effects which they have respectively possessed and received, and of 
 
 their application thereof. And your orator and oratrixes charge that 
 
 the said R. P. threatens and intends to use other parts of the said 
 
 trust property, and to apply the same to his own use, unless he is 
 
 Charge restrained therefrom by the injunction of this Honorable Court. And 
 
 fendants Jour orator and oratrixes further charge that he, as well as the said 
 
 ought to be ]\j_ J3 ^ ought to be removed from being trustees under the said indent- 
 
 and new ure, and that some other persons ought to be appointed by this Hon- 
 
 pointed,^^' orable Court, as such trustees in their place and stead, and that in the 
 
 and in the mean time some proper person ought to be appointed to receive and 
 
 meantime -j 
 
 a receiver collect the said trust property. All which actings, &c. (see form 
 
 appomted. jy-p_ 22, p. 5, interrogating to the stating and charging parts.) 
 Prayer. ^^^ ^^^^^ ^.j^g gg^j^ defendants may answer the premises ; and that 
 
 an account may be taken of all and every the said trust property and 
 effects which have, or but for the wilful default or neglect of the 
 said defendants, might have been received by them or either of them, 
 or by any other person or persons, by their, or either of their order, 
 or to their or either of their use ; and also an account of their appli- 
 cation thereof; and that the said defendants may respectively be 
 decreed to pay what shall appear to be due from them upon such 
 
ORIGINAL BILLS PRAYING RELIEF. 93 
 
 account ; and that the said defendants may be removed from being C!H- II- 
 trustees under the said indenture, and that it may be referred to one 
 of the Masters of this Honorable Court to appoint two other persons 
 to be the trustees under the said indenture in their place and stead ; 
 and that in the mean time some proper person may be appointed to 
 receive and collect the said trust estate and effects, and that the said 
 defendants may be restrained by the order and injunction of this 
 Honorable Court, from any further interference therein. (And for 
 further relief see form No. 25, p. 6.) May it please, &c. {see form 
 No. 26, p. 6.) 
 
 XXXVI. Bill for the appointment of a new trustee under a marriage settle- 
 ■ ment in the room of one desirous to be discharged, there being no such 
 power therein contained. 
 
 Humbly complaining shew unto your honors your orators and ora- 
 trixes, I. M. P., of, &c. and E., his wife, and A. P. and C. P. infants 
 under the age of twenty-one years, by the said I. M. P., their father, 
 and next friend, and, S. N. M., of, &c. (the other trustees under the 
 settlement,) That by certain indentures of three parts, and made or of settle- 
 expressed to be made between, &c. (stating the indenture of settlement.') ™<'"'- 
 But the said indenture contained no power or authority to appoint a 
 new trustee in the place or stead of either of the said trustees therein 
 named, who should decline to act in the said trusts, or be desirous to 
 be removed therefrom. As in and by the said indentures, &c. And 
 your orators and oratrixes further shew unto your honors that the said ''■^^i"(!rj"„ 
 intended marriage was soon afterwards had and solemnized between solemniz- 
 your orator I. M. P. and your oratrix E. P. ; and that your orator " ' 
 and oratrix, A. P. and C. P. are the only children of the said mar- 
 riage. And your orators and oratrixes further shew that the said 
 defendant I. P. L. declines to act in the trusts of the said indenture, 
 and is desirous to be discharged therefrom, but by reason that no Defendant 
 power is reserved in the said indenture, for the appointment of a be dis- 
 new trustee, your orators and oratrixes are advised that he cannot be ° ""S® • 
 discharged from such trusts, nor any new trustee appointed without 
 the aid of this Honorable Court. To the end, therefore, that the said 
 defendant I. P. L. may, upon his corporal oath, &c. (Proceed as in 
 form No. 23, p. 5, and interrogate to the statements) 
 
 And that the said defendant may answer the premises ; and that Prayer, 
 it may be referred to one of the Masters of this Honorable Court to 
 appoint a new trustee under the said marriage settlement, in the 
 place and stead of the said defendant ; and that the said defendant 
 may be dii-ected to join in such instrument or instruments as may be 
 necessary for conveying or releasing the said trust premises to your 
 
94 EQUITY PRECEDENTS. 
 
 CH. II. orator, S. N. M., and such new trustee upon the trust of the said 
 " settlement ; and that thereupon the said defendant may be discharged 
 from the trusts of the said indenture. (And for further relief, see 
 form Wo. 25, p. 6.) May it please, &c. (see form No. 26, p. 6.) 
 
 XXXVII. Bill by trustees who are desirous of acting under the direction 
 and protection of a Court of Equity, (a). 
 
 Humbly complaining sheweth unto your lordship your orators G. B. 
 and R. W. both of, &c., and J. B. of, &c. That R. B. late of, &c., 
 deceased, was, in his lifetime, and at the time of his death, entitled to 
 a copyhold, or customary estate, held by copy of court roll, of the manor, 
 of S. ; and which said copyhold estate was vested in W. P. and his 
 heirs, in trust, that he or his heirs should convey the same to such uses, 
 and for such purposes, as should be appointed by the said R. B. by his 
 will : and the said R. B. was also possessed of, or entitled to, a con- 
 siderable personal estate, but had not any freehold estate whatsoever ; 
 and the said R. B. being so entitled, and possessed as aforesaid, duly 
 tii^teltato"/ ^^^^ ^"^^ published his last will and testament in writing, dated the 
 
 whereby he day of , in the year , and thereby, after 
 
 ed'hirper- devising his said copyhold estate to your orators, and directing the 
 Bonal estate g^me to be sold, and making such provision, and giving such direc- 
 plaintiffs, tion for the payment of his debts and legacies as therein mentioned, 
 he gave as follows (that is to say,) " I give all such stocks, annuities, 
 and moneys in the public funds, as I shall be possessed of, or enti- 
 tled to, at the time of my decease, in my own right, to the said G. B., 
 R. W., and J. B. ; and I declare and direct that they shall stand and 
 be possessed of the three per cent, annuities, which may be purchased 
 in pursuance of the directions hereinbefore given, upon the trusts 
 hereinafter declared, that is to say, in trust by and out of the divi- 
 dends and yearly income thereof, to pay the said M. S. the yearly 
 upon trast, smQ of £50 daring her life, at the times and in the manner herein- 
 S. 60Z. per before appointed for that purpose ; and to the said R. F. £14 yearly 
 annum for dm.jjjg her life ; and in trust by and out of the dividends and yearly 
 and I4t per income of the said stocks and annuities, and moneys in the public 
 anmunto fuinjs^ ijut subject and without prejudice to raising the said yearly 
 life, sums of £50 and £14 to raise and levy so much money as will make 
 
 then upon good any deficiency in the provision hereinbefore made for the pay- 
 Limsu to ^ — 
 
 raise a suf- ment of my debts and legacies, and to apply the money to be raised 
 
 in aid of t^ for supplying and making good such deficiency ; and upon trust in 
 
 (a) This form is talien without alteration from Van Huythusen's (Hughes's) Equity 
 Draftsman, it being one which presents a comprehensive illustration of the jurisdiction 
 of Courts of Equity over Trusts. 
 
ORIGINAL BILLS PRAYING RELIEF. 95 
 
 the same manner to raise and levy so much money, as the said pro- CH. II. 
 
 vision shall not extend to satisfy, for payment of all such pecuniary provision 
 
 legacies, as I by any codicil or codicils, under my hand, shall give or ^gj^,. ^^^l 
 
 appoint, whether the same shall be attested by any witness or not : debts and 
 
 and to apply the money so to be raised for the answering that purpose 
 
 accorfingly : and upon further trust, by and out of the dividends and 
 
 yearly income of the said stocks, annuities, and moneys in the public and upon 
 
 funds, and out of the stock and annuities to be purchased as herein- fui'ther 
 • -, , , • •■ ■ , • T , trust to 
 
 alter mentioned, but subject and without prejudice to the trusts raise suoli 
 
 aforesaid, to raise and apply the yearly sum of £500 for a term of ^^^^^J^^'''^^ 
 
 twenty years, to commence and be computed from the end of three money 
 
 years next after my decease, and from that period of twenty years ivom and to 
 
 the yearly sum of £4000, until the 5th day of January, which will ^""'^ P^"" 
 •I •/ ' ■> •" ods respec- 
 
 be in the year of our Lord 1860, to and for the purposes hereinafter tively as 
 expressed ; and in trust to invest from time to time the residue of mentioned : 
 the said dividends or yearly income of the said stocks, annuities, and and upon 
 
 . . ,11,1... trust from 
 
 moneys, to be from time to time purchased under the direction, or m time to 
 
 pursuance of this my will, in the purchase of stocks, or annuities of '™j''j'j°g'°' 
 
 the same nature ; and I direct, that as well the said two yearly sums residue of 
 
 of £500 and £1000, during the continuance thereof respectively, dends and 
 
 as the interest and yearly dividends to arise from and after the 5th interest of 
 
 day of July, 1860, as well from the said stocks and annuities, to be ai estate, on 
 
 purchased or accumulated under the directions, and in pursuance of ^f ^j^^ g^^g 
 
 this my will, as from such stocks, annuities, and moneys in the pubhc nature. 
 
 funds, as I shall be possessed of in my own right at the time of my J^Pj^.fJJf' 
 
 decease, shall, subject and without prejudice to the trusts aforesaid, aocumulat- 
 
 be from time to time forever applied in the purchasing of such books, may, at 
 
 as, by a proper disposition of them, under the following directions, IgfiJgP.g-ij"^ 
 
 may have a tendency to promote the interests of virtue and relig- mentioned, 
 
 ion, and the happiness of mankind; the same to be disposed of in j'^^^jPf^'^^^'^. 
 
 Great Britain, or in any other part of the British dominions: thischa^eof 
 
 charitable design to be executed by and under the direction or wtiich',bya 
 
 superintendency of such persons, and under such rules and regula- P^PyJ^'l''" 
 
 tions, as by any decree, or order of the High Court of Chancery, may pro- 
 
 1 . , , 1 ,<■„ i_ ii 'J mote the 
 
 . shall from time to time be directed in that behalf, as by the said interest of 
 
 will, and the probate copy thereof respectively, relation being there- ^'^'^sioD,^._ 
 
 unto had, when the same shall be produced to this Honorable Court, ness of 
 
 will more fully appear. And your orators further shew unto your s^cii 'cliar- 
 
 lordship, that the said testator departed this hfe on or about , q^estt^o^fae 
 
 without aUering or revoking his said will, leaving I. Y. and T. H. executed 
 
 his heirs, according to the custom of the said manor, and also leaving J[°.^^'[;*® 
 
 M. the wife of I. S., the said I. Y., and S. Y., his nephews and and decree 
 
 nieces, and next of kin. And your orators further shew unto your court of 
 
 lordship, that your orators have duly proved the said will, and taken Ciiancery. 
 
96 EQUITY PEECBDENTS. 
 
 CH II upon themselves the execution thereof, and are desirous of carrying 
 
 the trusts of the same into full and complete execution. But now so 
 
 the testa- it is, may it please your lordship, the said I. Y. and T. H. pretend 
 th'' drfend^ *^^* *^® copyhold estate was not well devised by the said testator's 
 ants, I. Y. will, or that all the trusts relating to the said will cannot be per- 
 his heirs formed ; and I. P., who is the heir-at-law of the said "W. P. the sur- 
 according viying trustee of the said copyhold estate, for the purposes of the 
 
 to 1116 CHS"" ^ 
 
 torn of the satd testator's will, is an infant under the age of twenty-one years ; 
 and the""'' ^^^ therefore cannot surrender the said copyhold estate to a pur- 
 several oth- chaser, without the direction of a Court of Equity, according to the 
 therein statute made in thc' seventh year of the reign of her late Majesty 
 next'of k'^ Queen Anne ; and the said copyhold estate consists principally of an 
 Proof of unfurnished house, which your orators cannot let in its present state : 
 
 the will by gn^ ^-^e said I. S., and M. his wife, I. Y., and S. Y., the next of kin 
 the plain- ' , 7 ? 
 
 tiffs, who of the said testator, pretend that all or most of the trusts of the said 
 
 to carry the testator's will, respecting the charitable gifts and donations therein 
 
 same into contained, cannot be carried into execution. And Sir A. B. his 
 
 execution. 
 
 Pretence Majesty's Attorney-General, insists, that the charitable purposes of 
 
 that the de- the said testator's will, ought to be carried into execution ; and that 
 
 copyhold the money to arise by sale of the said copyhold estate, and the money 
 
 e^ateisnot ^jyg jq ]jjm qjj mortgage, as in the said will mentioned, ought to be 
 
 and that all applied in payment of the legacies given thereout, according to the 
 
 of the said ^^i*^ testator's will, and in payment of the debts of the said testator 
 
 will cannot jq discharge of his general personal estate : and that so much only of 
 
 be perform- ° ° . i -, , ■ V 
 
 ed. That his debts as shall not be so paid, and his funeral expenses, ought to 
 
 law of'tiiV ^^ P^^*^ °"*' °^ ^^^ general personal estate in a due course of admin- 
 trustee of istration, and that after such payments, his general personal estate 
 hold estate ought to be applied to fulfil the purposes of the said testator's will ; 
 and'oannot' ^^^ 7°^^ Orators have been obliged to pay several of the testator's debts 
 surrender out of his general personal estate, to answer the demands of the said 
 a purchaser testator's creditors, who were desirous of being immediately paid 
 without the their demands. And His Majesty's Attorney-General insists, that for 
 
 direction of . . , , 
 
 a court of the purpose of carrying into execution the charitable intentions of 
 derthe'stat- ^^^ ^^^^ testator, the personal estate of the said testator which has 
 ute of 7th been applied in payment of the said testator's debts, ought to be 
 Pretence repaid out of the money which shall arise by the sale of the said 
 by the next copyhold estate, and out of such mortgages as aforesaid. And the 
 the trusts of said I. P. is an infant within the meaning of the statute of the seventh 
 the will year of the reign of her late Majesty Qiieen Anne, and ought to 
 carried into surrender the said copyhold estate, of which the legal estate is vested 
 execution. ^^ j^j^ ^^ heir-at-law of the surviving trustee of the said estate as 
 General in- aforesaid ; but the said I. Y. and T. H., as customary heirs of the 
 thecharita- ^^^"^ testator, opposed the same ; and the said I. S. and M. his wife, 
 ble pur- I. y. and S. Y., as next of kin of the said testator, insist that as part 
 
ORIGINAL BILLS PRATING RELIEF. ,97 
 
 of the personal estate of the said testator consists of mortgage and CH. IL 
 other securities upon, or interests arising out of the lands, the dispo- poses in the 
 sition thereof to charitable purposes is void by the statute made in ^i'l^'ougjjt 
 the ninth year of his late Majesty King George the Second, intituled t? t? car- 
 "An act to restrain the disposition of lands, whereby the same be- execution. 
 came unalienable." And they claim so much of his personal estate 
 as is not effectually disposed of by the said testator's will. In consid- 
 eration whereof, and forasmuch as your orators are unable to carry 
 the trusts of the said will into execution without the direction of a 
 Court of Equity. (^For this part of the hill, see form No. 22, p. 5, 
 and interrogate to the material farts of the above statement in the 
 manner there pointed out.) And that the said T. H. and I. Y., and 
 also the said I. S. and M. his wife, and S. Y., and the said I. P., and 
 also His Majesty's Attorney- General, may also severally set forth in 
 manner aforesaid, what right or interest they have, or claim to have, 
 in the said testator's estate or effects, under the said will or other- 
 wise, and how they make out and support their claims. And that Prayer. 
 the trusts of the said testator's will may be performed, and the said 
 copyhold estates sold, under the direction of this Honorable Court ; 
 and that all proper parties may be decreed to join in such sale, and 
 particularly that the said I. P. may be decreed to surrender the copy- 
 hold estate to the purchaser thereof; and that the money to arise by 
 sale of such copyhold estate may be applied in payment of the said 
 testator's debts and the legacies given by his said will, according to 
 the terms thereof ; and that the mortgages mentioned in the said tes- 
 tator's will may also be applied in like manner : and that an account 
 may be taken of the said testator's debts and funeral expenses, and 
 the legacies given by his said wiO ; and if the money arising from 
 the sale of the said copyhold estate, and such mortgages as afore- 
 said, shall not be sufficient for payment of all such debts, and funeral 
 expenses, and legacies, then that the deficiency may be made good 
 out of the general personal estate of the said testator ; and that an 
 account may be taken of the personal estate of the said testator not 
 specifically bequeathed by his said will ; and that the same may be 
 applied in payment of the said testator's debts not otherwise provided 
 for by his said will, and the legacies payable out of the said testator's 
 general personal estate, and that the surplus may be applied accord- 
 ing to the said will ; and if any part of such surplus shall appear to 
 consist of mortgages or real securities, that proper directions may be 
 given touching the same, and particularly touching the rights of the 
 next of kin of the said testator therein ; and that the charity intended 
 by the said testator may be established, and directions given for carry- 
 ing on the same according to the said testator's will ; and that all 
 proper accounts may be taken, and all necessary directions given for 
 9 
 
)8 EQUITY PRECEDENTS. 
 
 CH. II. carrying ttie said testator's intentions into execution. (And for gen- 
 eral relief, as in form No. 25, p. 6.) May it please, &c. (End hy 
 praying process of subpoena against I. Y., T. H., I. S., and M. his 
 wife, S. Y. and W. P., as in form No. 26, p. 6, by praying that His 
 Majesty's Attorney- General being attended with a copy, may attend 
 and answer as in form No. 28, p. 7.) 
 
 XIV. 
 
 Bills by Underwriters for Frauds practised upon them in the 
 Insurance of Ships. 
 
 XXXVin. Bill by underwriters for a fraud practised upon them in the 
 representation of the voyage. Prayer for an injunction to restrain the 
 defendants from proceeding at law, and for a commission to examine wit- 
 nesses abroad. 
 
 Humbly complaining sheweth unto your honors, &c., that W. W. 
 of, &c., alone or jointly with some other persons, was, or were, or 
 pretended to be, before and at the time of making the insurance after 
 mentioned, owner or owners of a certain merchant ship or vessel 
 
 called , and they or one of them particularly the said W. W., 
 
 or I. B. and T. G. of the city of , insurance brokers and co- 
 partners, as agents for and on the behalf of the owners or owner of 
 
 the said ship, on or about caused a policy of insurance to be 
 
 opened at the city of , on the said ship and her cargo, 
 
 against the danger of the sea and capture of any foreign enemy on a 
 
 voyage to be performed by the said ship from the port of to 
 
 , and which voyage it was upon such occasion pretended that 
 
 * the said ship was immediately to make, and such insurance was ac- 
 cordingly effected at the city of on or about, &c. and amongst 
 
 other persons who underwrote or subscribed the said policy your ora- 
 tors respectively underwrote the same for the sum of $ each, 
 
 at or after the premium of ' upon the said ship, which was 
 
 valued in the said policy at $ , and the rest of your orators the 
 
 like sum of $ each upon the cargo on board the said ship. 
 
 As in and by, &c. 
 The real And notwithstanding the representation made to your orators at 
 
 orthTship ''^^ *'™® °^ making the aforesaid insurance, with regard to the port of 
 not as de- the said ship's destination, the voyage really intended to be made by 
 
 the policy, her was not from the port of as mentioned and expressed in 
 
 the said policy, but from the port of to or some other 
 
 port in or to some other different port or place than, . 
 
 And your orators having been deceived and imposed upon by such un- 
 
ORIGINAL BILLS PRAYING RELIEF. 99 
 
 true representations of the said ship's intended voyage, the said insur- CH. II. 
 ance was fraudulent, and therefore the said policy was null and void. 
 
 And the said ship afterwards sailed from the port of with Ship sailed 
 
 some other ships which were to proceed under convoy for , TOv^and""" 
 
 but the said ship soon after quitted the said fleet and convoy afterwards 
 
 and deviated from her regular course or track of such a voyage and fro™ the 
 proceeded to some other port or place not specified or mentioned in i^egulated 
 
 cou,rs6 3iiid 
 
 the said policy of insurance, particularly to the port of or was siibse- 
 
 some other port or place in , where the said ship and her ^oi™by the 
 
 cargo were sold for a large sum of money in the whole, and which owners. 
 was afterwards received by the said W. W. and the other joint owners 
 of the ship or some or one of them. 
 
 And your orators well hoped under the circumstances aforesaid 
 they should not have been called upon for payment of any sums of 
 money whatsoever on account of their having subscribed or under- 
 wrote the aforesaid policy of insurance. 
 
 ■ But the said defendants pretend that the insurance was not made Pretence 
 „ . , , „.,_,, . that the in- 
 
 traudulently or unfairly, and that your orators were not m any man- surance 
 
 ner imposed upon therein, and that the voyage actually intended to be '*^^^"°* 
 
 made by the said ship was the voyage particularly mentioned frauduient- 
 
 and specified in the said policy, namely, from the port of to the voyage 
 
 , and that she never made any deviation therefrom. And they ^?-^ *°'Y" 
 
 ' . •^ . ■' ally made, 
 
 also sometimes pretend that the said ship was lost or foundered at sea and the 
 in the regular course or track of the said voyage. And at other times ^^rds lost 
 they give out that the said ship was in the course of her voyage cap- ^' ^^a or 
 tured by the enemy and afterwards condemned as lawful prize, and 
 that for some or one of such reasons your orators and the several other 
 underwriters on said policy became liable to pay the several sums in- 
 sured or underwrote by them respectively on the aforesaid policy. 
 
 Whereas your orators charge the contrary, and that your orators Charge the 
 
 -.--. , . r. . -, ., contrary ; 
 
 were deceived and imposed upon in manner aforesaid respecting the and tha"t 
 place or port of the said ship's destination, for that the said ship was ^^>°t;ffs 
 at the time and upon the occasions aforesaid destined or intended for posedupon. 
 
 a voyage to or some other port in or some other port 
 
 or place in . And your orators charge that the said ship in That the 
 
 the course of the said pretended voyage separated from the rest of the ^ted from 
 ships or fleet, and made a deviation and proceeded or sailed for the ^'^^ course. 
 
 port of ■ or some other port or place in , or to some other 
 
 port or place different from _ the port or destination mentioned in the 
 
 said policy, where the captain or some other persons or person on xhat the 
 
 board sold and disposed of the said ship and cargo as hereinbefore is ""fi'^lg 
 
 mentioned, and that divers remittances were afterwards made to ship and - 
 
 on account of such sales or the produce thereof to the said confederates, pursuance 
 the owners, or some or one of them, such fraudulent insurance as afore- of a scheme 
 
100 
 
 EQUITY PRECEDENTS. 
 
 CH. II. 
 
 concerted 
 between 
 the defend- 
 ants. 
 
 That the 
 ship was 
 not lost or 
 captured. 
 
 No protest 
 CTer made 
 as usual in 
 such cases. 
 
 Charge as 
 to a letter 
 sent by the 
 brokers to 
 their agent 
 directing 
 him to ap- 
 ply to 
 plaintiffs to 
 cancel the 
 policy 
 iipon re- 
 payment of 
 the pre- 
 
 Charge as 
 to letters, 
 &c. from 
 which the 
 troth of the 
 matters 
 charged 
 would 
 appear; 
 
 said having been previously made thereon pursuant to and in conse- 
 quence of some plan or scheme concerted or contrived between the said 
 
 confederates or some or one of them and the said the captain, 
 
 or to which they some or one of them were or was privy, and that it 
 was never meant, interifled or understood by and between the said 
 confederates or any of them that said ship should perform the voyage 
 specified or mentioned in the aforesaid policy of insurance or proceed to 
 
 . And your orators moreover charge that the said ship was not 
 
 lost, captured, or taken by the enemy, or however not in the regular 
 
 course or track of a voyage from to as mentioned in the 
 
 said policy of insurance. And as evidence thereof your orators charge 
 that the said captain or any other person never made any protest of the 
 loss or capture of the said ship as is usual or customary in such cases, 
 and which would have been made if the said ship had actually been 
 lost or captured, nor was the said ship ever condemned or any sentence 
 of condemnation passed upon her as a lawful prize. And as a further 
 evidence of the aforesaid deception and imposition your orators charge 
 that the said confederates [the insurance brohers] or some persons by 
 their orders or directions or with their privity or consent, sometime in 
 
 or about the month of wrote and sent a letter to their agent or 
 
 correspondent at — , employed by them to effect the aforesaid 
 
 insurance, directing him to apply to your orators or some other of the 
 underwriters on the said policy and to offer to cancel the said policy 
 upon the repayment of the premiums ; and such a proposition and 
 offer was also made by the direction or with the knowledge of the said 
 confederates [the owners] and in consequence of their knowledge, 
 conviction, and belief that the said insurance was fraudulently and 
 unfairly made on the part of the said confederates [the owners], and 
 that the underwriters on the said policy were deceived or imposed 
 upon respecting the port of her destination, and that the said ship 
 was not actually lost or captured, and that for such or some other 
 reasons the said policy was null and void, and that the said confeder- 
 ates [the owners] have no just claim or demand upon the underwriters 
 in respect of the sums insured or underwrote thereon. And your ora- 
 tors also charge that divers letters or notes have been written by and 
 sent to or received by or passed between the said confederates, or 
 
 some or one of them and their correspondents or agents at , 
 
 or the persons or person employed by them the said confederates or 
 some or one of them in or about the rjiaking of the aforesaid insur- 
 ance and the said the captain of the said ship, or some or one 
 
 of them, relating to or in some manner concerning the several mat- 
 ters and things hereinbefore mentioned and inquired after, particu- 
 larly the making of the aforesaid insurance and the fraud or deception 
 practised or intended to be practised upon your orators and the un- 
 
ORIGINAL BILLS PRAYING RELIEF. 101 
 
 derwriters of said policy, and which said letters or notes or some CH. II. 
 copies, abstracts, or extracts thereof, or of some or one of them, 
 together with divers other papers, memorandums, or other writings 
 relating to the matters aforesaid, are now or lately were in the custody, 
 possession, or power of them the said confederates or some or one of 
 them. And your orators also charge that the truth of the several 
 matters and things hereinbefore charged and set forth, and particu- 
 larly that your orators were deceived or imposed upon in the making 
 of the aforesaid insurance, and that the said ship was not lost or cap- 
 tured, and that the said confederates [the owners'] of the said ship have 
 no just or fair demand upon your orators by virtue of or under the 
 aforesaid policy, would appear in and by the said letters and papers in 
 case the said confederates would produce the same, but which they 
 refuse to do, although they have been frequently applied unto for that but that the 
 purpose ; and under such or the like pretences as aforesaid, or some refuse to ^ 
 others equally unjust or unreasonable, the said confederates insist on produce 
 the contrary; and the said confederate W. W. hath also lately com- Thatde-' 
 menced separate actions at law against-your orators in his Majesty's ^"l™' ^" 
 Court of King's Bench at W. to recover the sums respectively under- commenc- 
 wrote by them on the said policy, and he threatens to proceed to ^ajinst""^ 
 judgment and execution thereon, well knowing that your orators are plaintiffs on 
 not able to make a good defence at law in the said actions without a 
 full disclosure and discovery of the several matters aforesaid, and 
 without the benefit of the testimony of their witnesses who reside at 
 
 and and other parts of , and also in other parts 
 
 and places abroad, and who could prove the truth of the several 
 matters and things hereinbefore charged and inquired after. And 
 the said confederates refuse to discover to plaintiffs the names or That de- 
 places of abode of the other persons whom they sometimes allege refuse to 
 to be joint owners with them of the said ship. All which actings, discover 
 &c. {proceed as in form No. 22, p. 5, as far as the words "matters of the other 
 aforesaid " and then proceed thus .•) and that as fully and particularly o^'^'"^*- 
 as if the same were here repeated and they thereunto distinctly in- 
 terrogated. To the end thereof, &c. {interrogating to the stating 
 and charging parts.) 
 
 And that your orators may have a full disclosure and discovery of Prayer, 
 the several matters and things aforesaid. And that the said defend- 
 ant W. W. may be restrained by the injunction of this Honorable 
 Court from proceeding in the said actions already commenced by him, 
 and that he and all the said other defendants may in like manner be 
 restrained from commencing or prosecuting any other actions or 
 action or in any other manner proceeding at law against plaintiffs or 
 any of them touching the several Inatters and things aforesaid. And 
 that your orators may have one or more commission or commissions 
 9* 
 
102 
 
 EQUITY PRECEDENTS. 
 
 CH. n. issuing out of and under the seal of this Honorable Court for the ex- 
 amination of their witnesses at and and other parts 
 
 of or any other parts or places abroad as there may be occa- 
 sion. (Arid for further relief, see form No. 25, p. 6.) May it 
 please, &c. (see form No. 26, p. 6.) 
 
 Seisin of 
 plaintiff. 
 
 Lease to 
 defendant. 
 
 Covenant 
 to Iieep the 
 premises in 
 good repair 
 and condi- 
 tion, and to 
 cultivate 
 the land in 
 a husband- 
 like man- 
 
 XV. 
 
 Bills to restrain Waste. 
 XXXIX. Bill by a landlord against a lessee for years to prevent waste. 
 
 Humbly complaining sheweth unto your honors your orator A. B. 
 of, &c. That your orator before and at the time of making the 
 indenture hereinafter mentioned, was seised in his demesne as of 
 fee, of and in certain tenements, with the appurtenances, situate at 
 L. in the County of N. hereinafter particularly described ; and being 
 
 so seised by a certain indenture, bearing date the day of 
 
 , in the year , and made between your orator of the 
 
 one part, and C. D. of, &c. (the defendant hereinafter named) of the 
 other part, your orator did demise, lease, set, and to farm let, unto 
 the said C. D. his executors, administrators, and assigns, all, &c. 
 \_IIere describe from the lease the subject of the demise.^ To hold the 
 same, with the appurtenances, unto the said C. D., his executors, 
 
 administrators, and assigns, from the day of , then 
 
 last past, for the term of years thence next ensuing, at the 
 
 yearly rent of — I. ; and the said C. D. did thereby for himself, his 
 executors, administrators, and assigns, covenant, promise, and agree, 
 with your orator, his heirs, and assigns, that he the said C. D., his 
 executors, administrators, or assigns, would, during the said term, 
 keep the said premises in good repair, and manage and cultivate the 
 said farm and lands in a proper, husband-like manner, according to 
 the custom of the country, as by the said indenture of lease, refer- 
 ence being thereunto had, will more fuUy appear. And your orator 
 further sheweth unto your honors, that the said C. D. under and 
 by virtue of the said indenture, entered upon the said demised 
 premises, with the appurtenances, and became, and was possessed 
 thereof for the said term, so to him granted thereof by your orator as 
 aforesaid. And your orator further sheweth unto your honors, 
 that at the time the said C. D. entered upon the said premises, the 
 same were in good repair and condition, and your orator hoped the 
 said C. D. would so have kept the same, and have cultivated the said 
 lands in a proper and husband-like manner, according to the custom 
 of the country, and that such part of the said premises as consisted 
 
ORIGINAL BILLS PRAYING RELIEF. 103 
 
 of ancient meadow or pasture ground, would have remained so, and CH. II. 
 
 not have been ploughed up, and converted into tillage ; and that no 
 
 waste would have been committed on the said premises. But now so 
 
 it is, may it please your honors, the said C. D. combining, &c. 
 
 ( Gharqe confederacy as in form No. 20, «. 4.) Pretends, that Pretence of 
 2, -1 . . , . , , \ . the premis- 
 
 tne said premises now are in as good repair as when he entered in es being in 
 
 or to the same, and that he has cultivated the said farm and lands ^nd^or^'^"^ 
 
 in a proper and husband-hke manner, and that no waste has been proper cnl- 
 
 committed by him thereon. Whereas your orator charges, that the &c. ' 
 
 said premises, and the buildings, outhouses, gates, stiles, rails, and Cliarge 
 
 fences, were in a good and perfect state and condition, when the said premises 
 
 C. D. entered upon the said premises, but now are very ruinous and were m 
 
 ^ r ; j^ ^ good repair 
 
 bad, and the land very much deteriorated, from the wilful misman- when the 
 agement and improper cultivation thereof, by the said C. D. who has entered 
 
 ploughed up certain fields called , containing respectively b^it are 
 
 acres, and has otherwise committed great spoil, waste, and condition, 
 
 destruction in, upon, and about the said premises ; and your orator ™^ defend- 
 further charges, that the said C. D. ought to put the said premises ant ought 
 into the same condition they were in when he entered thereon, and them, and 
 to make your orator a reasonable compensation for the waste and maice com- 
 damage done or occurred thereto ; and that the said C. D. ought to the 
 to be restrained by the order and injunction of this Honorable Court, atJcl'be re- 
 from ploughing up the remaining pasture fields, part of the said strained 
 
 demised premises, and particularly the fields called and mitting 
 
 , and containing respectively acres, which he threatens ^^^stef 
 
 to do, and also restrained from committing any further or other 
 waste, spoil, or destruction, in and about, or to the said estate and 
 premises, or any part thereof. All which, &c. {For these parts of 
 the hill see form No. 22, p. 5, and interrogate to the material parts 
 of the statement and charges of this hill, in the manner there pointed 
 out.) And that the said C. D. may be compelled by the decree of prayer. 
 this Honorable Court to put the said premises into such repair and 
 condition, in every respect, as far as circumstances will permit, as the 
 same were in when he entered upon the same, under and by virtue 
 of such demise as aforesaid ; and may also be decreed to make a 
 reasonable compensation to your orator for all waste done, committed, 
 or suffered by him on the said premises, and all damage occasioned 
 thereto by his mismanagement or neglect (your orator hereby waiv- 
 ing all pains and penalties incurred by the said C. D. on account of 
 committing waste on the said premises,) and that he may be decreed 
 to keep the said premises in good and suflncient repair and condition, 
 durino' the remainder of his interest therein, and to manage and 
 cultivate the said farm and lands in a proper and husband-hke man- 
 ner according to the custom of the country, and that he may be 
 
104 EQUITY PRECEDENTS. 
 
 '^H- ^- likewise restrained by the order and injunction of this Honorable 
 Court, from ploughing up the said remaining pasture fields, forming 
 part of the said demised premises, and particularly the said fields 
 
 called and , and from committing or permitting any 
 
 further waste or spoil, in, on, or to the said demised premises, or any 
 part thereof. {And for general relief as in form No. 25, p. 6.) 
 May it please, &c. {End by praying an injunction in the terms of 
 the prayer, and by praying process of subpoena, as in form Mo. 26, 
 p. 6, against the said O. D.) 
 
 XL. Bill by a landlord against his lessee for years, who had ploughed up 
 lands contrary to the terms of his lease, and had suffered the farm to con- 
 tinue out of repair. The bill prays that he may be compelled to reinstate 
 the premises, and to keep them in good repair and condition, and to make 
 satisfaction for the waste done (plaintiff waiving all penalties incurred 
 thereby) ; also for an injunction to restrain the defendant from ploughing 
 up other lands and from committing waste. 
 
 To, &c. 
 
 Humbly complaining sheweth unto your honors your orator, A. B., 
 of , That your orator being seised in fee simple of or other- 
 wise well entitled unto the premises hereinafter described, did by a 
 
 Lease certain indenture bearinar date , and made between your ora- 
 
 granted to ° i f 
 
 the defend- tor of the one part, and C. D. of (the defendant hereinafter 
 
 named) of the other part, demised lease set, and to farm let unto 
 the said C. D., his executors, administrators, and assigns, all that 
 messuage, &c. [describing the premises as in the lease.'\ To hold the 
 same with their appurtenances unto the said C. D., his executors, 
 
 administrators, and assigns, from the day of then 
 
 last past, for the term of years thence next ensuing, at the 
 
 yearly rent of $ , payable quarterly as therein mentioned, and 
 
 under, and subject to the covenants, stipulations, and agreements 
 therein contained on the part of the said C. D., his executors, admin- 
 istrators, and assigns, to be observed and performed. In which said 
 indenture is contained a covenant on the part of the said C. D. for 
 himself, his heirs, executors, administrators, and assigns, that he the 
 said C. D., his executors, administrators, and assigns, should and 
 Would, &c. [stating shortly the covenant to keep the buildings and 
 premises in repair, and also to manage and cultivate the lands.'\ As 
 by the said indenture to which your orator craves leave to refer, when 
 £, f J |. produced, will more fully appear. And your orator further sheweth 
 took pos- that the said C. D. took possession of all the said demised premises, 
 the^prem- and that the same were then in good repair and condition, but have 
 
ORIGINAL BILLS PRAYING RELIEF. 105 
 
 since become very ruinous and bad, and the said lands very much CH. II. 
 
 deteriorated from the wilful mismanagement, and improper cultiva- ises which 
 
 tion thereof, by or on the part of the said C. D., and that he has 7""'" *'?™ 
 
 in Sfoocl r6~ 
 ploughed up certain fields called containing acres, pair, but 
 
 contrary to t]je terms of the said lease, and has otherwise committed beIome°?u- 
 great spoil, waste, and destruction, in, upon, and about the said de- ino^s and 
 mised messuage, &c. and premises. And your orator further shew- ed in'con-' 
 eth that he hath frequently, by himself and his agents, applied to ^^JJ^an- °^ 
 the said C. D. and requested him to put the said messuage, &c. and agement, 
 all the buildings, fences, gates, stiles, and rails, into good repair, p"oughed 
 and to keep the same in good and sufficient repair, during the fiPJ®'''''? 
 remainder of the said term, and to make satisfaction to your oratA-, committed 
 for all the damage done to the said estate, by his mismanagement or ^^^te. 
 neglect in the management thereof according to the terms of the Applica- 
 said lease and course of husbandry practised in the neighboring ^'rfendant^ 
 country : and your orator hath also in like manner requested him 
 not to plough up any other of the said lands demised to him as afore- 
 said, which he is not at liberty to plough, according to the terms of 
 the said lease. And your orator hoped that the said C. D. would 
 have complied with such applications and requests, as in justice and Pretence 
 equity he ought to have done. But now so it is, &c. (see form^^'^*^^^^ 
 
 ■^ ' \ ./ premises 
 
 JVo. 20, p. 4,) the said C. D. absolutely refuses so to do ; and he have been 
 at times pretends that the said messuage or tenement, and all the are in good 
 outhouses and out-buildings thereunto belonsing, and all the build- J'^pair, that 
 mgs, fences, gates and stiles, on the said lands, have been constantly, ploughed 
 during his possession thereof, and now are, in good repair and condi- conTrary to 
 
 tion, and that he hath never ploughed up any part of the said demised 'he terms 
 
 ofliislenpe 
 lands which he was not at liberty to plough by the terms of the said nor neglect- 
 lease, and the course of husbandry used and approved in the neigh- }.^ ™^r 
 borhood thereof, and that he hath never in any manner neglected the that the 
 manuring or taking care of any part thereof, but that he hath con- a,.e in as 
 stantly used and employed, cultivated and manured all such lands in soodcondi- 
 a proper, regular, and careful manner, according to the terms of the when he 
 said lease, and a good course of husbandry used and practised in thereon. 
 the neighboring country, and that all the said demised premises are Charge the 
 in as good plight and condition in all respects as the same were when „. ,- ' 
 he entered thereon. Whereas your orator charges the contrary of premises 
 
 all such pretences to be the truth. And your orator further charges ^ 
 
 that the said farm and premises are now from the neglect and gross ^'^^'^ 'han 
 mismanagement of the said defendant worth to be sold the sum of entered. 
 $ less than the same were worth to be sold when the said That it 
 
 ^-^ -IP... ,. n would cost 
 
 C. D. first took possession thereof, and that it would cost the sum ot $ , to 
 
 reinsi 
 them 
 
 and upwards, to put the same into as good plight and con- ■''^'"state 
 
 dition as the same were in at the time of the date of the said inden- 
 
106 EQUITY PRECEDENTS. 
 
 CH. II. ture of lease. And your orator further charges that the said C. D. 
 That the ought to put the said demised messuage, &c. and premises into good 
 ought tore- repair and condition, and to make a reasonable compensation to your 
 pair them, orator, for the waste and damage done or arisen thereto. And your 
 compensa- Orator charges that the said defendant threatens and intends to plough 
 
 wastedone^ "P ^^^ °^^^^ °^ remaining pasture fields called , part of the 
 
 That he in- said demised premises, and that he ought to be restrained therefrom, 
 'to'^o-h° '"^^^ ^^°™ committing any further or other waste, spoil, or destruction, 
 other lands, in, upon, or to the said farm, lands, and premises, or any part thereof. 
 to be re- -^^^ which actings, &c. {see form No. 22, p. 5, and interrogate to the 
 
 strained statinq and charqinq parts.) 
 therefrom, ^ a a r / 
 
 and from 'And that the said defendant may be compelled by the decree oi 
 furtto""^ this Honorable Court to put the said messuage, &c. and premises into 
 waste. good and sufficient repair, and to make satisfaction to your orator 
 Prayer. ^^^ ^^ waste done, committed, permitted or suffered by him, on the 
 said farm, lands, and premises, and all damage done by him, or occa- 
 sioned thereto, by his mismanagement or neglect (your orator hereby 
 waiving all forfeitures and penalties incurred by the said defendant 
 on account, or in respect of the waste done or committed by him on 
 the said demised premises.) And that the said defendant may be 
 decreed to keep the said farm, lands, and premises in good and suffi- 
 cient repair and condition during the continuance of his interest 
 therein, and to manage and cultivate the said farm and lands in a 
 proper and husband-like manner, according to the terms of the said 
 lease, and the custom of the country. And that he may be restrained 
 by the injunction of this Honorable Court, from ploughing up the said 
 remaining fields forming part of the said demised premises, and par- 
 ticularly the said fields called , and from committing or per- 
 mitting any further or other waste or spoil on or to the said demised 
 premises, or any part thereof, and that all proper directions may be 
 given for effectuating the purposes aforesaid. {And for further relief , 
 see form No. 25, p. 6.) May it please, &c. {see form No. 26, p. 6.) 
 
(107) 
 
 CHAPTER III. 
 
 ORIGINAL BILLS NOT PRAYING RELIEF.(a) 
 
 I. 
 
 Bills to perpetuate Testimony, (b) 
 
 XLI. Bill by a devisee in fee in possession, to perpetuate the testimony of 
 the witnesses to a will. 
 
 To, &c. 
 
 Humbly complaining slieweth unto your honors your orator, T. H., CH. III. 
 
 of, &c., brother of the half blood and devisee named in the last will 
 
 and testament of T. E., of, &c. deceased. That the said T. E. was Testator 
 
 in his lifetime, and at the time of his death, seised or entitled to him freehold 
 
 and his heirs, of or to divers freehold estates, situate in the several ?"?j°°Py' 
 . _ ' hold es- 
 
 places hereinafter mentioned, and divers other places, of considerable tates. 
 yearly value in the whole, and being seised or entitled, and being of 
 sound and disposing mind, memory, and understanding, he made his ^''' °f *® 
 last will and testament in writing, bearing date, &c. which was duly 
 executed by him, in the presence of, and attested by three credible 
 persons, whose names are, [Aere insert ike names of the subscrihing 
 witnesses'] (c) and which will, with the attestation thereof, is in the 
 words following (that is to say) ; [stating the will verbatim.] And His death 
 your orator further sheweth that the said T. E. afterwards, and on voking the 
 or about departed this life without revoking or altering; his l'^"!^' „ 
 
 . rlaintiii 
 
 said will, or any part thereof, whereupon your orator by virtue of the became 
 said will, became entitled in fee simple to all his said freehold estates, ^jeviseefa 
 subject as to such part thereof as aforesaid, to the payment of so fee, and 
 much of the funeral expenses, debts, and legacies of the said T. E. session of 
 ■as his personal estate may fall short to pay; and your orator accord- *^^ estates. 
 ingly, soon after the death of the said T. E. entered upon and took 
 possession of all the said estates, and is now in possession and receipt 
 of the rents and profits thereof and in the possession and enjoyment 
 thereof. And your orator well hoped that he and his heirs and 
 
 (a) Eq. Plead. Chap. VII. (b) Eq. Plead. § 300-306. (c) Eq. Plead. § 300. 
 
108 EQUITY PRECEDENTS. 
 
 CH. III. assigns would have been permitted to enjoy the same quietly without 
 any interruption from any person whomsoever. But now so it is, 
 Claim set ™ay it please your honors, that T. H., of, &c., who claims to be 
 part of the °o^^^" ^""^ heir-at-law of the said T. R., alleging that he is the only 
 heir-at-law. or eldest son of T. H., and M., his wife, both deceased (which said 
 M. H. as is also alleged, was the only child of S. R. who, as is like- 
 wise alleged, was the only brother of the father of the said T. R. 
 that left any issue) combining and confederating with divers persons 
 
 Pretending unknown to your orator, pretends that the said T. R. did not make 
 
 that no will , , .,i , . . . n • i .1 , i 
 
 was made, such last Will and testament in writing as aforesaid, or that he was 
 
 or was not j,q^ ^f gQund and disposing mind and memory at the making thereof, 
 
 ecuted, and or that the same was not executed in such manner as by law is 
 
 tor was of required for devising real estates ; and therefore he insists that your 
 
 unsound orator hath not any right or title to the real estates late of the said 
 mind. , "^ " 
 
 r. R. or any part thereof, but that on his death the same descended 
 
 Charge the unto him the said T. H., as his heir-at-law. Whereas your orator 
 
 contrary, charges the contrary of such pretences to be true. But nevertheless 
 
 the said T. H. refuses to contest the validity of the said will during 
 
 the lifetime of the subscribing witnesses thereto, and he threatens 
 
 that he will hereafter dispute the vahdity of the said will when all 
 
 the subscribing witnesses thereto are dead, whereby your orator and 
 
 his heirs and assigns will be deprived of the benefit of their testimony. 
 
 All which pretences of the said confederate are contrary to equity 
 
 and good conscience, and tend to injure and oppress your orator in 
 
 the premises. In consideration whereof and forasmuch as your orator 
 
 cannot perpetuate the testimony of the subscribing witnesses to the 
 
 said will, without the assistance of a Court of Equity. To the end, 
 
 therefore, that the said T. H. may show, if he can, why your orator 
 
 should not have the testimony of the said witnesses perpetuated. 
 
 Prayer. And that your orator may be at liberty to examine his witnesses 
 
 with respect to the execution and attestation of the said will, and 
 
 sanity of mind of the said T. R. at the making the same, so that their 
 
 testimony may be perpetuated and preserved. May it please, &c. 
 
 (see form Wo.'2G,p. 6.) [This bill should not prar/ for relief] (a) 
 
 Prat/ subpoena against T. H. 
 
 (a) Eq. Plead. \ 306. 
 
OKIGINAL BILLS NOT 5BAYING RELIEF. 109 
 
 II. 
 
 Bills to take Testimony De bene esse. ch. hi. 
 
 XLII. Bill to take the testimony of witnesses de bene esse, for various 
 
 causes, (a) 
 
 To the honorable the Judges, &c. 
 
 Humbly complaining sheweth unto your honors A. B. of , 
 
 that an action at law is now pending (b) in the Court of 
 
 whferein your orator is plaintiff, and C. D. of , is defendant, 
 
 [or the reverse,] touching and concerning [^here describe the cause of 
 action] which has not yet been committed to a jury ; (c) and your 
 
 orator further shews that one E. F. of , of the age of seventy 
 
 years, or upwards, [or, without stating the age, a person of infirm 
 health, or laboring under a certain disease, or who is about to depart 
 out of the jurisdiction of the said Court, or who is the sole witness 
 
 to the fact of ,J so that his testimony is in danger of being 
 
 tost to your orator at the said trial, by reason of death [or absence] 
 is a material and important witness for your orator, inasmuch as the 
 said E. F. is acquainted with the fact {here state the witness's ex- 
 pected evidence) [or, inasmuch as the said E. F. is the sole person 
 
 who has knowledge of the fact of ] which fact it is material 
 
 and necessary for your orator to prove on the trial of the said action 
 at law. 
 
 In consideration whereof, and forasmuch as your orator cannot be 
 secure of having the testimony of the said witness, at the trial of the 
 said action, without the aid of a Court of Equity, in causing the 
 same to be taken de bene esse, and that your orator may be at liberty 
 to have the same so taken, under a commission, or commissions 
 issuing out of this Honorable Court. May it please tour honors 
 to grant unto your orator a writ of subpoena to be directed to the 
 said C. D., thereby commanding him, at a certain day, and under a 
 pain to be therein limited, personally to be and appear before your 
 honors in this Honorable Court, and then and there full, true, direct, 
 and perfect answer make, to all and singular the premises, and to 
 shew cause, if he can, why your orator should not have the testimony 
 of the said witness taken de bene esse, (d) 
 
 N. B. The prayer of this Bill should never be for relief. Eq. PI. § 306, 310. It 
 should be accompanied by an affidavit of the circumstances under which the evi- 
 dence is in danger of being lost. Ibid. § 309. 
 
 (a) Eq. PI. ^ 307-310. (i) Ibid. § 307. (c) Ibid. § 308. 
 
 (d) For the structure of this bill, and the distinction between it and a bill to per- 
 petuate testimony, see Eq. PI. § 307-310. 
 10 
 
110 
 
 EQUITY PRECEDENTS. 
 
 CH. III. 
 
 Statement 
 of the 
 plaintiff's 
 title. 
 
 Action of 
 ejectment 
 brought by 
 the defend- 
 ant. 
 
 Charge of 
 the validity 
 of the . 
 plaintiff's 
 title, and 
 that it 
 •wonld ap- 
 pear if the 
 defendant 
 
 III. 
 
 Bills for Discovery, {a) 
 
 XLIII. Bill for discovery of title in aid of defence to an action of ejectment. 
 
 Humbly complaining sheweth unto your honors your orator, A. B., 
 of, &c. That your orator now is, and for several years last past has 
 feeen, seised in his demesne as of fee, of, or otherwise well entitled 
 to all those three pieces or parcels of land, &c. &c., and which were, 
 
 in the year , purchased by your orator from C. D., then of, 
 
 &c., but since deceased, who, by certain indentures of lease and 
 
 release, bearing date the day of — ■. respectively, and 
 
 made between the said C. D. of the one part, and your orator of the 
 other part, for the considerations therein mentioned, duly conveyed 
 the same to your orator, his heirs, and assigns forever ; as by the said 
 indenture, reference being thereunto had, will appear ; and under 
 and by virtue of such conveyance, your orator entered into and upon 
 the said premises, of which he has ever since been, and now is, in 
 the actual possession ; and your orator hoped to have continued in 
 the uninterrupted enjoyment thereof. But now so it is, may it please 
 your honors, E. D., of, &c. (the defendant hereinafter named) com- 
 •bining, &c. {Charge confederacy, as in form No. 20, p. 4.) Upon 
 the decease of the said C. D., obtained possession of, and now has in 
 his custody or power, all the title deeds, evidences, and writings of 
 the said C. D., which not only relate to the said premises so pur-- 
 chased by your orator as aforesaid, but also to o'ther estates formerly 
 belonging to the said C. D., and which, upon his death, descended 
 to, and became vested in the said K. D., as his heir-at-law. And the 
 said E. D. pretends that he is also entitled to the said premises so 
 purchased by your orator as aforesaid, and that the said C. D. had no 
 power to dispose thereof; and he has lately brought an action of 
 
 ejectment against your orator in the Court of , in order to 
 
 enforce such claim : whereas your orator charges that the said E. D. 
 has no right or title whatever to the said premises so purchased by 
 your orator from the said C. D. as aforesaid, but that the said C. D. 
 had good right to sell and dispose thereof, and that his conveyance 
 of the said premises to your orator was and is valid and effectual ; 
 and so it would appear if the said E. D. would discover and set forth 
 the said title deeds, evidences, and writings relative thereto, so pos- 
 sessed by him as aforesaid. And your orator charges, that there is 
 
 (a) Eq. Plead. § 311-325. 
 
ORIGINAL BILLS NOT PRAYING RELIEF. Ill 
 
 or are some outstanding term or terms of years prior to your orator's CH. III. 
 said conveyance, which will defeat your orator's title to the said would 
 premises at law, but the said E. D. refuses to discover the particu- dis^oVery 
 lars thereof, and to set forth the said title deeds, evidences, and writ- sought for 
 ings, relative to the said premises so purchased by your orator as J^^l^ ^^ Jf ' 
 aforesaid, and threatens and intends to proceed in the said action, outstand- 
 without making such discovery as Aforesaid, unless he shall be '"^ "'™^' 
 restrained therefrom by the order and injunction of this Honorable 
 Court, as your orator charges he ought to be until he shall have so 
 done. In con»deration whereof, and forasmuch as your orator is 
 remediless in the premises at common law, and cannot have a com- 
 plete discovery of the said title deeds, evidences, and writings, and 
 of the several matters aforesaid, without the aid of a Court of Equity, 
 where matters of this sort are properly cognizable. To the end, &c. 
 {As in form No. 23, p. 5.) And particularly, that the said E. D. 
 may discover and set forth in manner aforesaid, whether your orator Intenogu- 
 is not now, and has not been for several, and how many, years last 
 past, and from what time in particular, seised in his demesne as of 
 fee, or otherwise, and how, well entitled of, in, or to the said prem- 
 ises hereinbefore particularly mentioned and described, or some, and 
 what part thereof, or how otherwise ? And whether the same were 
 not purchased by your orator in the year , and when in par- 
 ticular, of and from the said C. D. ? And whether the said prem- 
 ises were not duly conveyed to your orator by the said C. D., by such 
 indentures of lease and release, of such date respectively as afore- 
 said, or by some, and what other means in particular ? And whether 
 your orator did not, under and by virtue of such conveyance to him 
 by the said C. D., enter into and upon, and has not ever since been 
 in the actual possession and enjoyment of the said premises, or how 
 otherwise ? And whether the said C. D. has hot since departed this 
 life, and when ? And whether the said E. D. did not, upon the de- • 
 cease of the said C. D., and by what means, obtain possession of, and 
 has not now in his custody, possession, or power, all, or most, or some, 
 and which of the title deeds, evidences, and writings of the said C. D., 
 relating to the premises so purchased by your orator as aforesaid ? 
 And whether the same do not also relate to some, and what other 
 estates, or how otherwise ? And that the said E. D. may set forth a 
 hst or schedule of all title deeds, evidences, and writings, relating to 
 the said premises so purchased by your orator as aforesaid, and may 
 leave the same in the hands of the clerk of this Honorable Court, for 
 the 'inspection of your orator, with liberty for your orator, his sohcitor, 
 or agents, to take copies thereof, or extracts therefrom, as he may be 
 advised. And whether the said E. D. has not brought such action of 
 ejectment against your orator, and for such purpose as hereinbefore 
 
112 EQUITY PRECEDENTS. 
 
 CH. III. mentioned, and does not threaten and intend to proceed therein, with- 
 out making any discovery of the several matters aforesaid, unless he 
 shall be restrained therefrom as aforesaid, or how otherwise. And 
 that the said E. D. may also discover and set forth, in manner afore- 
 said, whether there is or are any, and what, outstanding term or 
 terms of years, or other, and what, subsisting estate in the said prem- 
 ises, prior to your orator's said estate and interest therein, which will 
 defeat the title of your orator, and prevent a good defence at law to 
 the said action, and in whom the same is or are vested ; and that he 
 may also discover and set forth how he makes out and derives his 
 pretended title and claim to the said premises so purchased by your 
 orator as aforesaid, and the nature and particulars thereof. And that 
 Prayer. the said E. D. may make a fuU and true disclosure and discovery of 
 the several matters aforesaid, to the end that your orator may be the 
 better enabled to defend the said ejectment ; and that in the mean 
 time, and until the said E. D. shall have made such discovery as 
 aforesaid, that he may be restrained, by the order and injunction of 
 this Honorable Court, from further proceedings in the said ejectment, 
 and all further and other proceedings at law whatsoever, against your 
 orator touching the several matters aforesaid, or any of them. May 
 it please, &c. (Pray injunction in the form of the grayer and sub- 
 poena against the said O. D., as in form Ifo. 29, p. 7, omitting the 
 word " decree,'' in the general words.) (a) 
 
 (a) This bill should never pray for " relief." But as to the prayer of the bill, and 
 how to adapt it to the particular objects to be sought, see Eq. Plead. § 312-316. 
 
(113) 
 
 CHAPTER IV. 
 
 BILLS NOT ORIGINAL, (a) 
 
 I. 
 
 Supplemental Bills. 
 
 XLIV. Supplemental bill against the assignee of a bankrupt defendant. 
 
 Humbly complaining sheweth unto your honors your orators, A. B. ^^' ^^- 
 
 and C. D. of , That your orators did in or as of Term Original 
 
 exhibit their original bill of complaint in this Honorable g"'^^'^''"''" 
 
 Court against B. L. of , praying that an account might be The de- 
 taken of the personal estate, effects, &c. And your orators further '^°''*'°' ''P' 
 shew that the said defendant having been served with 'process to put in his 
 appear, appeared accbrdingly and put in his answer to the said bill, j^ j.^pjiga 
 and your orators replied to the said answer, but before any further tion filed. 
 proceedings were had in the said cause, and on or about the — Supple- 
 day of the said B. L. hath been duly found and declared matters- 
 bankrupt ; And E. D. of , the defendant hereinafter named, gjon of 
 
 having been since duly chosen assignee of the estate and effects of {"anltrupt 
 
 ° JO issued 
 
 the said bankrupt, there have been duly conveyed and assigned all the against the 
 
 estate and effects late of the said bankrupt to the said E. D. ; And g® ™ g^Qg_ 
 
 therefore your orator is advised that he is entitled to the same relief en as as- 
 
 1 • T -T ' T-. 1 1-11 1 .IT . signee, and 
 
 agamst the said E. 1)., as he would have been entitled to against the usual 
 
 the said B. L. if he had not become bankrupt. To the end, there- ""a'^aSgn- 
 
 fore, &c. [see form No. 24, p. 6, and. interrogate to the statements.) ment since 
 
 And that your orators may have the full benefit of the said suit jiim. 
 
 and proceedings therein against the said E. D., and may have the Prayer. 
 
 same relief against him as your orators might or could have had 
 
 against the said B. L. in case he had not become bankrupt ; Or that 
 
 your orators may have such further or other relief in the premises as 
 
 to your honors shall seem meet. May it please, &c. {See. form 
 
 M.26,p. 6.) 
 
 (a) Eq. Plead. Chap. VIII. 
 
 10* 
 
114 EQUITY PRECEDENTS. 
 
 CH. IV. XLV. Supplemental bill to an original and amended bill filed by a lessee 
 for the specific performance of an agreement to grant a further lease, 
 stating that the defendant has brought an ejectment against the plaintiff, 
 and praying an injunction to restrain his proceeding at law. 
 
 . Humbly complaining sheweth unto your honors your orator, J. K., 
 
 bill exhib- of, &c.. That in or as of Term your, orator exhibited 
 
 the^sTmr' ^'® original bill of complaint in this Honorable Court against H. B. S., 
 
 defendant, and which said bill hath been amended by order of this Honorable 
 
 ■wards Court, thereby praying, that the said defendant might be decreed spe- 
 
 amended, cifically to perform his agreement with your orator touching the lease 
 
 specific per- of the farm and premises in the said bill mentioned, and to grant 
 
 of an aSee- 7°^^ orator a lease thereof for years commencing from the 
 
 ment to expiration of his former lease, at the yearly rent of $ , your 
 
 Fease of a orator being willing and ready to do and perform everything on his 
 
 farm. p^j,j. required to be done and performed in pursuance o'f the said 
 
 agreement. And your orator further sheweth that the said defendant 
 Answerput ° , ., ... , . i ' . . i , -n a i ■ 
 
 in. appeared and put mhisi answer to the sand original bill. As by the 
 
 said bill and answer now remaining as of record in this Honorable 
 
 mental" Court, reference being thereunto had, will appear. And your orator 
 
 5?^t'er— further sheweth by way of supplement, that since the filing of the 
 
 defendant said original bill the said defendant hath cau^d an action of eject- 
 
 an^aotto^of ^^^^ ^o be commenced in the Court of for the purpose of 
 
 ejectment turning your orator out of possession of the said farm and premises, 
 
 pfaintiff. ^^^ the said action is still depending in the said Court. And your 
 
 orator being advised that the said defendant cannot support such 
 
 action, and that your orator is entitled to a specific performance 
 
 of the said agreement as prayed by his said amended bill, he has by 
 
 Applioa- himself and his agents several times applied to, and requested the 
 
 to the de- ^^^^ defendant to desist from proceeding in the said action, and he 
 
 fendant to ^as in hopes that he would have complied with such fair and reason- 
 
 QcSlSli* • • ■ 
 
 Refusals to ^^^^ requests, as in justice and equity he ought to have done. But 
 comply. now so it is, may it please your honors, that the said H. B. S. refuses 
 to comply with your orator's said requests, and insists upon proceed- 
 ing in his said action, and to turn your orator out of possession of the 
 said farm and lands, to the manifest wrong and injury of your orator 
 in the premises. To the end, therefore, that, &c. (see form No. 24, 
 p. 6, and interrogate to the statements.) 
 Prayer. And that the said defendant may be restrained by the injunction 
 
 of this Honorable Court from proceeding in the said action, and from 
 commencing any other action or proceeding at law for the purpose 
 of turning your orator out of possession of the said farm and lands. 
 
BILLS NOT ORIGINAL. 115 
 
 {And for further relief, see form No. 25, p. 6.) May it please, &c. CH. IV. 
 {see form No. 29, p. 7.) 
 
 A. C. 
 Pray subpwna and injunction against H. B. S. 
 
 III. 
 
 A Bill of Revivors {a) 
 
 XL VI. Bill of revivor, (before decree,) by the administrator of the plaintiff 
 in the original suit. 
 
 Humbly complaining sheweth unto your honors your orator, C. D., Original 
 
 of, &c., That J. A., late of, &c. but now deceased, on or about ed^^yx'^Ai 
 
 , exhibited his original bill of complaint in this Honorable 
 
 Court against G. T. W. as the defendant thereto, thereby stating 
 
 such" several matters and things as are therein for that purpose more 
 
 particularly mentioned and set forth, and praying, &c. {h) And The de- 
 
 n ■, , , , -,,•,., . fendantap- 
 
 your orator turther sheweth that process duly issued agamst the said peared and 
 
 defendant, and he appeared and put in his answer to the said bill, ^"'^^''^'i- 
 
 And your orator further sheweth that some proceedings have been ings had 
 
 had before the Master, to whom this cause stands referred, but no jilster*irat 
 
 general report hath yet been made in the said cause ; and that the said his general 
 
 J. A., lately and on or about , departed this life intestate, and yet made. 
 
 that your orator hath obtained letters of administration of the goods. Death of 
 
 chattels, rights, and credits of the said J. A., deceased, to be granted intestate, 
 
 to him by and out of the proper Court, and hath thereby, become, ?"'' admin- 
 
 and now is, his legal personal representative. And your orator fur- granted to 
 
 ther sheweth that the said suit and proceedings have become abated plaintiff. 
 
 by the death of the said J. A., and your orator is, as he is advised, his title to 
 
 as the personal representative of the said J. A., entitled to have the ' 
 
 said suit and proceedings revived against the said defendant G. T. W., 
 
 and to have the said cause put in the same state and condition as 
 
 the same was in previously to the death of the said J. A. 
 
 To the end, therefore, that the said defendant may answer the pj^yer 
 
 premises ; and that the said suit and proceedings which so became 
 
 abated as aforesaid may stand revived, and be in the same plight and 
 
 condition as the same were in at the time of the death of the said 
 
 J. A., or that the said defendant may shew good cause to the contrary. 
 
 (a) Eq. Plead. § 354-3r6. 
 
 (b) As to setting forth the proceedings in the original suit, see Eq. Plead. § 374, 
 note, and also Rule 47, of Eq. Rules of the Supreme Court of the United States. 
 
116 EQUITY PRECEDENTS. 
 
 CH. IV. May it please your honors to grant unto your orator the most gracious 
 writ of subpoena to revive [^and answer^ issuing out of, and uhder the 
 seal of this Honorable Court, to be directed to the said G. T. W., 
 thereby commanding him at a certain day, and under a certain pain 
 to be therein limited, personally to appear before your honors in this 
 Honorable Court, and then and there [to answer the premises and'] to 
 shew cause if he can, why the said 'suit and proceedings therein had 
 should not stand and be revived against him, and be in the same 
 plight and condition as the same were at the time of the abatement 
 thereof, and further to stand to and abide such order and decree in 
 the premises as to your honors shall seem meet. And your orator 
 shall ever pray, &c. 
 
 [ Where it is only necessary to pray a subpcena to revive, the words 
 within brackets should be omitted.'] 
 
 XL VII. Bill of revivor upon the marriage of the female plain tifi? 
 
 Original Humbly complaining shew unto your honors your orator and ora- 
 
 bill exhib- 
 ited. 
 
 trix, A. B., of , and E., his wife. That on or about 
 
 your oratrix, by her then name of E. M., exhibited her original bill 
 
 of complaint in this Honorable Court against and W. M., as 
 
 defendants thereto, thereby stating such several matters and- things 
 
 as are therein for that purpose more particularly mentioned and set 
 
 Defendants forth, and praying, &c. (a) And your orator and oratrix further shew 
 
 and an- that the Said several defendants being duly served with process of 
 
 swered. subpoena severally appeared and put in their answers to the said 
 
 taken to the original bill. As in and by, &c. And your oi'ator and oratrix fur- 
 
 oneTiFthe *^®^ shew that your oratrix took several exceptions to the answer 
 
 defendants, put in by the said defendant W. M. to the said original bill, and 
 which were , . , ., ,. „ n , , -n^ 
 
 allowed by which said exceptions were upon argument allowed by the Master to 
 
 the Master. .^yjjQm ^he same were referred. And your orator and oratrix further 
 taiufed to shew that your oratrix afterwards obtained an order of this Honorable 
 
 amend the Court to amend her said original bill, and that the said defendant 
 
 bill and _ . , o ; 
 
 that the de-W. M. might answer the said amendments at the same time that 
 
 miriit°an- ^^ answered the said exceptions. * And your orator and oratrix fur- 
 
 swer the ther shew that before the said W. M. had put in his answer to the 
 
 ments and said exceptions or any further proceedings were had in the said suit, 
 
 6f J^P'i™^ and on or about the day of , your oratrix intermarried 
 
 9,t tD6 S&mO , . Ill • 
 
 time, With your orator A. B., whereby the said suit and proceedings be- 
 
 Marriage of came abated. And your orator and oratrix are advised that they are 
 
 the plain- •' .' 
 
 (a) Ante, note b, p. 115. 
 
BILLS NOT ORIGINAL. 117 
 
 ' entitled to have the same revived, and to be put in the same plight CH. iv. 
 and condition as the same were in at the time of the abatement there- tig-g and 
 of. To the end, therefore, that the said suit and proceedings which so title to re- 
 became abated as aforesaid, may stand revived, and be in the same prayer. 
 plight and condition as the same were in at the time of such abate- 
 ment, or that the said defendants may shew good cause to the contrary. 
 May it please, &c. 
 
 Pray suhpcena. to revive against all the defendants as in the last 
 precedent. 
 
 XLVni. Bill of revivor (after a decree) against the surviving exectitor of 
 one of the defendants since deceased. 
 
 States that some time in or about Term , L. P., now Original 
 
 deceased, exhibited her original bill of complaint in this Honorable ned.^^'^^''" 
 Court against S. N. and E. his wife, &c. &c., stating as therein is stated, 
 and praying that, &c. 
 
 That the said S. N. and E. his wife, being duly served with process. Two of the 
 appeared and put in their answers to the said bill, but before any further answOTed!^ 
 or other proceedings were had in the said cause, the said L. P. departed Death of 
 this life intestate, leaving R. P. her son and heir at law, who after her yff.^ ''™" 
 decease duly administered to her, and thereby became her legal per- Adminis- 
 sonal representative. taken out 
 
 That the said suit and proceedings having become abated by the aUaw ''^ ' 
 
 death of the said L. P., plaintiff exhibited his bill of revivor in this Bill of 
 
 Honorable Court against , praying that the said suit and pro- ^Z^"^ ^^' 
 
 ceedings might be revived against the said R. P., and by an order of ah the de- 
 
 the Court the same were accordingly revived. fendants 
 
 ° •' . . having an- 
 
 That all the said defendants having put in their answers to the said swered, the 
 
 biU, the same came on to be heard before his honor on or about, &c., heard M?a 
 
 when his honor did order and decree, &c. decree pro- 
 
 That before any further or other proceedings were had in the said Death of 
 
 cause, the said S. N. departed this life, having first duly made and defendants 
 
 pubUshed his last will and testament in writing, dated , and His will. 
 
 thereof appointed his said wife E. N. and the defendant T. R. execu- proved by 
 
 trix and executor thereof, who duly proved the said will in the proper ^^ execu- 
 
 Court, and took upon themselves the burthen of the execution thereof, Death of 
 
 and the said E. N. hath since also departed this hfe leaving the said °°ho°is be- 
 
 defendant T. R. her surviving, and who is now the sole personal rep- 'i°'?® ®"''" 
 
 resentative of the said S. N. deceased, and as such entitled to the prin- principal 
 
 cipal sum of $ and interest due from the said G. H. to the said ^"t'^secured 
 
 S. N..and secured by way of mortgage upon his the said G. H.'s share upon mort- 
 
 1 . . , , T . . p gage of the 
 
 of the said estate and premises m the pleadmgs mentioned, for a term share of G. 
 
 of years ; and the said suit and proceedings having become "■■ 
 
118 EQUITT PRECEDENTS. 
 
 CH. IV. abated by the death of the said S. N., plaintiff is advised that he is 
 Title of the entitled to have the same revived against the said T. R. as his surviv- 
 pkintififto ing executor. 
 
 Prayer. To the end, therefore, that the said suit and proceedings, which 
 
 became so abated by the death of the said S. N., may stand and be 
 revived against the said T. R., and be in the same plight, state, and 
 condition as the same were in at the time of the abatement thereof ; 
 and that plaintiff may have the benefit therepf, or that the said defend- 
 ant T. R. may shew cause why the said suit and proceedings should 
 not be so revived, and that the same may be revived accordingly. 
 May it please, &c. 
 
 Pray subpoena to revive against T. R., as in precedent ante, No. 
 XLVL 
 
 IV. 
 
 An original Bill in the Nature of a Bill of Revivor, {a) 
 
 XLIX. Prayer of an original bill in the nature of a bill of revivor, where 
 a bill to foreclose a mortgage wag brought, and the defendant died, after a 
 decree referring it to a Master, &c., leaving a will, under which the equity 
 of redemption was supposed to be devised, and the present bill was brougHt 
 against the heirs and t\^ devisees. 
 
 Prayer. And that in case it shall appear, that the equity of redemption of 
 
 the said mortgaged premises descended upon the death of the said 
 T. H., to the said W. H., then that the said suit and proceedings 
 therein may stand, and be revived against the said W. H., and be in 
 the same plight and condition, as the same were in at the time of the 
 abatement thereof. But iA case it shall appear, that the said equity 
 of redemption was devised to the said R. L. and B. J., then that the 
 said decree, made on the hearing of this cause, may be prosecuted 
 and carried into full effect against them, the said R. L., and B. J., in 
 the same manner, as the same might have been prosecuted against 
 the said late defendant T. H. ; and that all necessary directions pay 
 be given for effectuating the several matters aforesaid. May it please, 
 &c. 
 
 (a) Eq. Plead. § 386. 
 
BILLS NOT ORIGINAL. 119 
 
 L. Bill of revivor and supplement by the executors of the deceased plaintiff CH. IV. 
 
 in the original bill, against the administratrix and heiress at law of the 
 
 deceased defendant, against whom the original had been exhibited for a 
 foreclosure of a mortgage of freehold and leasehold property. 
 
 In Chancery. 
 
 To, &c. 
 
 Humbly complaining shew unto your honors your orators, E. W., Original 
 of, &c., and N. W., of, &c., executors named and appointed in and jj-^f] ^™;[, jt 
 by the last will and testament of H. W., late of, &c., gent., deceased, J- *|- ^"^ '^ 
 
 That on or about the day of July, —. , the said H. W. 
 
 exhibited his bill of complaint in this Honorable Court against T. W. 
 late of, &C., gent., deceased, thereby praying that the said T. W. 
 might be decreed by this Honorable Court to come to a just and fair 
 account with the said H. W. for the principal and interest then due 
 and owing to him on the mortgage security in the said bill mentioned, 
 and might pay the same to the said H. W. by a short day to be 
 appointed by this Honorable Court, together with his costs ; and in 
 default thereof, that the said T. W. might stand absolutely barred 
 and foreclosed of and from all manner of benefit and advantage of 
 redemption or claim in or to the residue of the respective mortgaged -jj^g ^g. 
 premises in the said bill mentioned and every part thereof. And the fendant ap- 
 said defendant, T. W., having been duly served with process, appeared died with- 
 thereto, and departed this life on or about the 23d day of January, "^4^^^;°^ 
 
 , without having put in his answer to the said bill. And your answer. 
 
 orators shew unto your honors by way of supplement to the said orig- ^,"^^^1' 
 inal bill, that the said defendant, T. W., departed this hfe intestate, matter- 
 leaving his wife E. W., a defendant hereinafter named, enciente with ^^^ defend- 
 
 a child since born and named A. W., and the said A. W. is now the ''"' leaving 
 
 IT • 1 1 ^ Widow 
 
 sole heiress at law of the said T. W ., deceased, and as such entitled endente the 
 to the equity of redemption of the said mortgaged premises. And ^^J.^ f^l^ 
 your orators further shew unto your honors, that on or about the 12th beoome en- 
 day of August, — , letters of administration of the goods, chattels, heiress at 
 
 and effects of the said T. W., deceased, were duly granted by the \^Z^^°if^ 
 
 Court of , unto his widow, the said E. W., who is thereby be- part of the 
 
 come his sole personal representative. And your orators further premises. 
 shew unto your honors that the said complainant H. W. departed Letters of 
 
 this life on or about the first day of February, , having pre- tion'^ant- 
 
 viously duly made and published his last will and testament in writ- ^^^^^^ 
 
 ing, bearing date on or about the 13th day of May, , and pg^th of 
 
 thereof appointed your orators joint executors ; and on or about the ^jg^i^j;*?^ 
 5th day of July, , your orators duly proved the said will in the original 
 
120 EQUITY PRECEDENTS. 
 
 CH. IV. the said Court of , and took upon themselves the burthen of 
 
 bill having 'he execution thereof. And your orators further shew that upon the 
 appointed death of the said H. W. the said mortgaffsd premises became, and 
 
 plaintiffs , ■,,1,1.,. 1 v.- 
 
 his exeou- the same are now vested absolutely at law m your orators, as nis 
 
 havelkioe ^^gal personal representatives, subject nevertheless to redemption, 
 
 proved the qq payment of the principal money and interest thereby secured. 
 
 And' that And your orators further shew unto your honors that the said suit 
 
 death'the ^^'^^S become abated by the death of the said T. W., your orators 
 
 mortgage are advised that they, as the personal representatives of the said 
 
 came vest- H. W., deceased, are entitled to have the same revived and restored 
 
 ^? ^.^^ as against the said E. W. and A. W. to the same plight and con- 
 plamtiffs, " <.-f,p,.,m-«iT 
 
 subject to dition m which it was at the time of the death of the said T. W., 
 
 Wo^n."''^' and to have the same r&Hef against the said E. W. and A. W- 
 Title to re- To the end, therefore, that the said E. W. and A. W. may upon 
 
 their respective corporal oaths, &c.' [interrogate to the statements.^ 
 Pf^ygj And that the said E. W. and A. W. may answer the said orig- 
 
 inal bill, and that they may be decreed by this Honorable Court to 
 come to a just and fair account with your orators for the principal 
 and interest now due and owing to your orators on the said mort- 
 gage securities, and may pay the same to your orators by a short 
 day to be appointed by this Honorable Court, together with your 
 orators' costs, and in default thereof, that the said defendants may 
 stand and may be absolutely barred and foreclosed of and from all 
 manner of benefit or advantage of redemption or claim in or to the 
 said mortgaged premises and every part thereof; and that the said 
 suit may stand and be revived against the said defendants, and be 
 in the same plight and condition in which the same was at the time 
 of the decease of the said defendant T. W., or that the said E. W. 
 and A. W.' respectively may shew good cause to the contrary. May 
 it please, &c. (See ante, p. 116, for the prayer and the note there 
 given.) 
 
 Pray subpoena to revive and answer the original bill and supple- 
 mental bill againsi E. W. and A. W., as in precedent No. XL VI. 
 p. 115,116. 
 
BILLS' NOT ORIGINAL. 121 
 
 VI. 
 
 A Cross Bill, (a) ch. iv. 
 
 LI. Cross bill by an administrator de bonis non, &c. 
 
 Humbly complaining sheweth unto your honors your orator, I. H., 
 of, &c. (administrator of all and singular the goods, chattels, and 
 credits, which were of E. H., late of, &c. deceased, at the time of 
 his death, left unadministered by M. H., late of, &c., in her lifetime, 
 now deceased, and which said M. li. in her lifetime, and at the 
 time of her death, was administratrix of the goods, chattels, rights, 
 and credits, which were of the said E. H. deceased, at the time of 
 his death. That I. M., late of, (Sec, Esq., deceased, when of sound 
 mind, duly made his last will and testament in writing, and thereby, original tes- 
 after bequeathing several pecuniary legacies, gave the residiae of his *^*°'^" 
 personal estate and effects, (subject to the payment of his debts,) to 
 his daughter H., then an infant under the age of twenty-one years, 
 but now the wife of I. C. of, &c. (and which said I. C. and H. his 
 wife, are two of the defendants hereinafter named,) and thereby 
 appointed E. P. of, &c. (another defendant hereinafter named,) 
 and the said E. H. executors of his said will, as by the probate 
 copy of such will, reference being thereunto had, will more fully 
 appear. And your orator further sheweth unto your honors, that 
 
 the said testator died on or about the day of , ^'^ death. 
 
 without altering or revoking his said will, leaving his said-daughter 
 H. him surviving; and upon or soon after his decease, the said 
 E. P. and' E. H., as such executors as aforesaid, duly proved the will by his 
 said will in the proper Court, and the said E. P. who principally executors. 
 acted in the execution of the said will, (the said E. H. having only 
 interfered for the sake of conformity,) under and by virtue of such 
 probate, possessed himself of a considerable part of the said testa- 
 tor's personal estate and effects. And your orator further sheweth 
 unto your honors, that the said E. H. departed this life on or about Death of 
 
 , and shortly after his decease, letters of administration were executors 
 
 duly granted to the said M. H. his wife, who died on or about °^^'^'^ testa- 
 
 ; and after her decease, such letters of administration of the Death of 
 
 unadministered personal estate of the said E. H. deceased as afore- j^taj^^^JJ' 
 said, were duly granted to your orator by the proper Court ; as by such exec- 
 such letters of administration, reference being thereunto had, will 
 
 (a) Eq. Plead. § 388-402. 
 11 
 
122 EQUITY PRECEDENTS. 
 
 CH. IV. appear. And your orator further sheweth unto your honors, that tlie 
 Adminis- ^^^^ ■'^- H., previously to his death, accounted for, and paid to the 
 
 tration de said E. P., as such co-executor as aforesaid, all such part of the per- 
 
 bonis noiif 
 
 of such ex- sonal estate of the said testator as had been received by him the said 
 
 tateandef- ■^- H-, as such executor as aforesaid, and no part of such personal 
 
 fects grant- estate remained in the hands of the said R. H. at the time of his 
 
 plaintiff, decease, previously whereto the said R. H. resided in the country, 
 
 That the where his house was robbed, and all papers (relative to his acts as 
 
 executor of such executor as aforesaid, and for which he had so accounted' as 
 
 testator hereinbefore mentioned,) were stolen, and have never hitherto been 
 
 durhig his recovered. And your orator further sheweth unto your honors, that 
 
 counted for the said I. C. and H. his wife duly intermarried, previously to the 
 
 his receipts gaj,j jj_ attaining the said age of twenty-one years, which she has 
 
 with his CO- since done, and after that period the said R. P. duly accounted for 
 
 andlhatno ^^^ residue of the said testator's personal estate with the said I. C, 
 
 part of the (who, in right of the said H. his wife, became entitled to receive the 
 
 personal same,) and thereupon obtained a general release from the said I. C. 
 
 estate re- j^jj^ jj_ j^jg wife, of all demands in respect thereof; as by the said 
 
 the hands release, reference being thereunto had, will appear. And your ora- 
 
 ceased ex-" ^'^^ hoped, under the circumstances aforesaid, he would not have been 
 
 ecutor at called upon for any account of the administration of the said testator's 
 
 his death, personal estate : But now so- it is, &c. The said I. C. and H. his 
 
 len'"^'^^ ^'°" wife combining, &c. (charge confederacy with the said JR. P. as in 
 
 Marriage of form No. 20, p. 4,) have lately filed their bill in this Honorable 'Court 
 
 tor%'dau»h- ^S^^^^' 7°^^ orator, as such representative of the said R. H.' deceased 
 
 ter. as aforesaid, for an account of the personal estate of the said testator 
 
 That the j_ ]yj; received by the said R. H. deceased, in his lifetime, as such 
 
 surviving ' , *' ' ' 
 
 executor executor as aforesaid, thereby praying that your orator may be de- 
 counted" creed to pay the said I. C, in right of the said H. his' wife, what, upon 
 and ob- g„gjj account, shall appear to be due to the said I. C, in right of the 
 general re- said H. his wife, out of the assets of the said R. H., and to which said 
 d^emands^. ^^^^ ^^^7 ^^'^^ made the said R. P. a defendant, without prayirtg any 
 Bill filed account, or relief against him. And they pretend that there are vari- 
 pSntiff ^ °"® receipts and accounts [particularizing those charged in the original 
 Pretence of hill] of the said R. H. deceased, as such executor as aforesaid, as to 
 m^atters be- ^^^ personal estate. of the said testator, which remained unaccounted 
 ingunac- for by the said R. H. at his decease, and which ought, to be paid by 
 by the de- Jour orator. Whereas your orator charges the contrary thereof to 
 ecutor ^^" ^® '™®' [''«5'«'**'*''5' specifically the pretended receipts and accounts'] 
 Charge a ^i^^ that an account was -stated, and a settlement of accounts took 
 stated ac- place between the said R. H., previously to his death, and the said 
 tween the R. P., and that an account has likewise been stated and settled by 
 executor ^'^^ between the said R. P., as such surviving executor as aforesaid, 
 
 previously and the said I. C, in right of the said H. his wife, since she attained 
 
 to his ■ 
 
BILLS NOT OEIGINAL. 123 
 
 the age of twenty-one years as aforesaid ; and that no demand was CH. IV. 
 ever made on the personal estate of the said R. H., in respect of his aeatli and 
 accounts, until lately, when the loss of such papers, as aforesaid, the surviv- 
 was discovered, and of which your orator charges an undue, advan- utor of the 
 tage is intended and attempted to be taken ; and your orator also and'^aTt'at- 
 charges, that the said R. P. abets the said I. G. and H. his wife in ed account 
 their proceedings, and refuses to indemnify the personal estate of the the surviv- 
 
 said R. H., in respect of his accounts in the execution of the will of ''"S^^era- 
 T TIT ' 1 /> tors and the 
 
 the said testator I. M., so accounted for by him, and settled with the party in- 
 said R. P. as aforesaid ; and the said R. P. also refuses to inform *^''^^'''"- 
 
 Charge or 
 your orator what he knows of the matters aforesaid, or any of them, an attempt 
 
 and also denies such statements as have been made by him relative undue^ad- 
 
 thereto. (For these parts of the ■ hill see form No. 22, p. 5, a7id vantage of 
 ^ , . , ^ , , , . , the loss of 
 
 mterrcigate to the material part oj the statement and charges m the papers. 
 
 manner there pointed out.) And that the said I. C. and PI. his wife Charge 
 
 , T ■. . p that the 
 
 may be decreed to execute to your orator, as such administrator ot surviving 
 
 the goods, chattels, and credits of the said R. H. deceased, left un- executor 
 
 administered by the said M. H. also deceased, at the time of her indemnify 
 
 death, a general release of all claims and demands upon such admin- ^f jjjg ^g_ 
 
 istered estate and effects of the said R. H. deceased as aforesaid, in ceased co- 
 
 ■ T-» TT • f \ executor, 
 
 respect of all the accounts of the said R. H. in the execution of the who has 
 
 will of the said testator I. M. ; or that an account may be taken of counted" 
 
 the said personal estate of the said testator I. M., received by the and settled 
 
 said R. H. and of his application thereof; your orator being willing and that ' 
 
 and hereby offering to pay what, if anything, shall appear to be due ^}^^ ^^^y „ 
 
 on the balance of such account ; and that the said R. P. may be executor 
 
 decreed to indemnify the estate of the said R. H., and your orator, gjye any 
 
 as such administrator thereof as aforesaid, in respect of such part ipforma- 
 
 ' ^ ^ tion m re- 
 
 thereof as the said R. H. paid to, or by the order, or for the use of spect 
 the said R. P. ; or otherwise to account for and pay, the same to your ®^®° ' 
 orator. And that the said I. C. and H. his wife may be decreed to P™.ve>"- 
 pay to your orator his costs of this suit. {And for general relief as 
 in form No. 25, p. 8.) May it please, &c. (Conclude by praying 
 process of subpoena again,st the said I. G. and H. his wife, and the 
 said S. P., as inform No. 26, p. 6.) 
 
124 
 
 EQUITY PRECEDENTS. 
 
 VII. 
 
 CH. IV. A Bill of Review, (a) 
 
 LIT. Bill of review to examine and reverse a decree signed and enrolled. 
 
 Foraier 
 proceed- 
 ings. 
 
 Humbly complaining sheweth unto your honors your orator, A. B., 
 
 of C. in the county of D., Esq., that in — ^ term, in the year 
 
 -, W. S. of, &c., (the defendant hereinafter named) exhibited 
 
 Decree pro- 
 nounced, 
 passed, en- 
 tered and 
 enrolled. 
 
 Errors. 
 
 Prayer. 
 
 his bill of complaint in- this Honorable Court against your orator, and 
 thereby set forth, that, &c. J[IIere insert the original hill.'] And 
 your orator being served vfith a subpcena for that purpose, appeared 
 and put in his answer to the said bill, to the eiFect following : [ffere 
 recite the substance of the answer.] And the said W. S. replied to 
 the said answer, and issue having been joined, and witnesses exarar 
 ined, and publication duly passed, the said cause was set down to be 
 
 heard, and was heard before your honors, the day of 
 
 last, when a decree was pronounced, which was afterwards passed 
 
 ■ and entered, in which it was set forth and recited, that it was at the 
 
 hearing, on your orator's behalf, insisted, that your orator had, by 
 
 his answer, set forth that, &c. \_Here insert the rental and decree.] 
 
 And the said decree has since, and on or about , been duly 
 
 signed and enrolled, and which said decree your orator humbly, 
 insists- is erroneous, and ought to be reviewed, reversed, and set^aside 
 for many apparent errors and imperfections, inasmuch as it appears 
 by your orator's answer, set forth in the body of the said decree. 
 \_Here insert the apparent errors.] And no proof being made there- 
 of, no decree ought to have been made or grounded thereon, but the 
 said bill ought to have been dismissed for the reasons aforesaid. In 
 consideration whereof, and inasmuch as such errors and - imperfec- 
 tions appear in the body of the said decree, and there is no proof on 
 which to ground any decree to set aside the' said rent-charge, your 
 orator hopes that the said decree will be reversed and set aside, and 
 no further proceedings had thereon. To the end, therefore, that the 
 said W. S., &c. (For this part of the hill see form No. 24, p. 6, 
 and interrogate to any fact comprised in the statement that may he 
 necessary, in the manner there pointed out.) And that for the reasons, 
 and under the circumstances aforesaid, the said decree may be re- 
 viewed, reversed, and set aside, and no further proceedings taken 
 thereon, and your orator permitted to remain in the undisturbed pos- 
 session and enjoyment of the said rent-charge. May it please, &c. 
 
 (a) Eq. Plead. § 403-425. 
 
BILLS IfOT ORIGINAL. 125 
 
 {End with praying process of subpxna against the said W. S., as in CH. IV. 
 form No. 26, j9. 6.) 
 
 LIII. Bill of review on discovery of new matter. 
 
 Whereby your honors decreed, that your orator's title to the said 
 premises was valid and effectual, after which the said C. D. petitioned Petition of 
 your honors for a rehearing, and the said cause was accordingly rehearing, 
 reheard, and a decree of reversal made by your honors, on the of reversal. 
 ground of the said C. D. being the heir-at-law of the said E. F. 
 deceased ; and which said decree of reversal [was afterwards duly The decree 
 signed and enrolled,] as by the said decree and other proceedings sig„ed and 
 now remaining filed as of record, in this Honorable Court, reference enrolled. 
 being thereunto had, will appear. And your orator sheweth unto New mat- 
 your honors, by leave of this Honorable Court first had and obtained duVe'd bv 
 for that purpose, by way of supplement, that since the signing of the leave of the 
 said decree of reversal, your orator has discovered, as the fact is, way of sup- 
 that the said E. F. was, in his lifetime, seised in his demesne as of P^ement. 
 fee, of and in the hereditaments and premises in question in the said 
 cause, and that the said E. F., when so seised, and when of Bound 
 mind, duly made and published his last will and testament in writing, 
 
 bearing date on or about , which was executed by him, and which has 
 
 attested in such manner as by law is required for passing real estates '"^®" '^'j^' 
 by devise, and thereby gave and devised .unto the said I. W., his 
 heirs and assigns forever, to and for his and their own absolute use 
 and benefit, the said hereditaments and premises in question in the 
 said cause, (which your orator claims to be entitled to as purchaser 
 thereof, from the said I. W.) And your orator further sheweth unto 
 your honors, that since the said decree of reversal was so made, 
 
 signed and enrolled as aforesaid, and on or about , the said 
 
 C. D. departed this hfe intestate, leaving Gr. H. of, &c. Esq. (the T^ ^i^ ^ 
 defendant hereinafter named) his heir-at-law, who, as such, claims to the person 
 be entitled to the said hereditaments and premises, in exclusion of f"yor the 
 your orator. And your orator is advised and insists, under the cir- decree of 
 cumstances aforesaid, that the said last-mentioned decree, in conse- was made, 
 Quence of the discovery of such new matter as aforesaid, ought to be ^P*^? "^® , 
 
 ^ •' JO signing and 
 
 reviewed and reversed ; and that the first decree, declaring your ora- enrolment 
 
 tor entitled to the said hereditaments and premises, should stand, and ,^f^^° ' . 
 „,,„-, Claim of 
 
 be established and confirmed, and for effectuating the same, the said his heir-at- 
 
 several proceedings, which became abated by the death of the said *''^' 
 C. D., should stand and be revived against the said G. H. as his heir- 
 at-law. (For this part of the bill see form No. 22, p. 5, and interro- 
 gate to the preceding statement, and particularly as to the will, in the 
 11 * 
 
126 EQUITY PRECEDENTS. 
 
 CH. IV. manner there pointed out.) And that the said suit may be revived 
 against the said G. H., or that he may shew good cause to the con- 
 trary ; and that the said last decree, and all proceedings thereon, may 
 be revived and reversed, and the said first-mentioned decree may 
 stand, and be established and confirmed, and added to, by the said will 
 being declared a good and effectual devise of such hereditaments and 
 premises as aforesaid ; and that the said G. H. may be decreed to 
 put your orator into possession of the said hereditaments and premis- 
 es, and in the same situation in every respect, as far as circumstan- 
 ces will now permit, as your orator would have been, in case such 
 last decree had never been pronounced and executed. {And for 
 genercdrelief, as inform JVo. 25, p. 6.) May it please, &c. (Pmy 
 subpoena to revive and answer against the said G. H., as inform No. 
 XLVI.p. 115.) 
 
 VIII. 
 
 A Bill to impeach a Decree for Fraud, {a) 
 
 LIV. Bill to set aside a decree of foreclosure fraudulently obtained and for 
 
 a redemption. 
 
 Humbly complaining sheweth unto your honors your orator, A. B., 
 of, &c. That T. B,, late of, &c. Esq., deceased, your orator's late 
 
 father, during his life, and on or about the day of , 
 
 was seised in his demesne as of fee, of and in the hereditaments 
 
 hereinafter particularly mentioned ; and by indenture of that date, 
 
 made between the said T. B. of the one part, and C. D., of, &c. (the 
 
 The mort- defendant hereinafter named) of the other part ; the said T. B., in 
 
 g^ge. consideration of $ , granted, bargained, sold, and demised 
 
 unto the said C. D., his executors, administrators, and assigns, for 
 the term of one thousand years, all, &c. [describe the premises,^ sub- 
 ject to redemption on payment of the said principal money and 
 lawful interest at the time therein mentioned, and long since past, 
 Death of ^s by the said indenture, reference being thereunto had, will more 
 the original fyjjy appear. And your orator further sheweth unto your honors, 
 
 leaving the that the said T. B. departed this life on or about , leaving 
 
 then an'in- 7°'^'' orator, his heir-at-law, and only child, then an infant under the 
 fant, his age of twenty-one years, (that is to say, of the age of seven years or 
 law. thereabouts,) him surviving. And your orator further sheweth unto 
 
 Bill filed, your honors, that during your orator's minority, and on or about 
 
 creeoffore- > the said C. D. filed his bill of complaint in this Honorable 
 
 closure ^___ 
 
 (a) Eq. Plead. <j 426-428. 
 
BILLS N(9T ORIGINAL. 127 
 
 Court against your orator for a foreclosure of your orator's right and CH. IV. 
 equity of redemption in the said mortgaged premises ; but your ora- fraudulent- 
 tor was not represented in such bill to be then an infant ; and the ly obtained 
 said C. D. caused and procured one L. M., since deceased, who acted plaintiff 
 in the management of the affairs of your orator's said father, to put ^"o"jfty'^ 
 in an answer in the name of your orator, and without ever acquaint- 
 ing your orator, or any of his friends or relations therewith ; in 
 which said answer a much greater sum was stated to be due from 
 your orator, on the said mortgage security, to the said C. D. than in 
 fact was really owing to him, and for which it was also untruly stated 
 that the said mortgaged premises were an insufficient security ; and 
 in consequence of such answer being put in, the said C. D. after- 
 wards, in conjunction with the said L. M., on or about , Such de- 
 obtained an absolute decree of foreclosure against your opator, which ^hi^chlio 
 your orator has only lately discovered, and of which your orator had day is giv- 
 
 . T .,-,., T , . . en to sliew 
 
 no notice ; and in which said decree no day is given to your orator, cause, only 
 who was an infant when the- same was pronounced, to shew cause (.oygrg^'w 
 against it when he came of age ; as by the said proceedings now the plain- 
 remaining as of record in this Honorable Court, reference being 
 thereunto had, will more fully appear. And your orator further 
 
 sheweth unto your honors, that your orator on the day of 
 
 last, attained the age of twenty-one years, and shortly after- became of 
 
 wards, having discovered that such transactions had taken place efy'oflhe'' 
 during his minority as aforesaid, by himself and his agents, repre- fraud, and 
 
 ? , , . -, ^ T-: 1 1 , • 11- applicii- 
 
 sented the same to the said C. D., and requested him to deliver tions to the 
 up possession of the said mortgaged premises to your orator, on defendant. 
 being paid the principal money and interest, if any, actually and 
 fairly due thereon, which your orator offered, and has at all times 
 been ready to pay, and which would have been paid by the personal 
 representatives of the said T. B. out of his personal assets, during 
 your orator's minority, had any application been made for that pur- 
 pose. And your orator hoped the said C. D. would not have insisted 
 on the said decree of foreclosure, so fraudulently obtained as afore- 
 said, but would have permitted your orator to redeem the said mort- 
 gaged premises, as he ought to have- done : But now so it is, may it 
 please your honors, the said C. D. combining, &c. (charge confed- 
 eracy as in form No. 20, f. 4,) pretends that the said decree of Pretence of 
 foreclosure was fairly and properly obtained, and that a day was of u™ de- 
 therein given to your orator when of age, to shew cause against the oree. 
 same, and that your orator has neglected to do so ; and that your ora- 
 tor is neither entitled to redeem, or to travel into the said accounts. 
 
 Whereas your orator charges the contrary thereof to be true, and Charge, 
 
 •' ° ■ ;t ' , that SIX 
 
 ■ that your orator only obtained the age of twenty-one years on the months 
 
 said day of , and that he has since discovered the '^^'^'^ °°' 
 
128 
 
 EQUITY PRECEDENTS. 
 
 covery as 
 aforesaid. 
 Prayer. 
 
 CH. IV. several matters aforesaid by searching in the proper offices of this 
 elapsed Honorable Court ; and your orator expressly charges, that under the 
 since the circumstances aforesaid, the said decree so fraudulently obtained as 
 tained hereinbefore mentioned, ought to be set aside, and your orator ought 
 twenty-one ^^^ ^^ ^^ precluded thereby, or in any other manner, from redeem- 
 tiiat he has ing the said mortgaged premises, of which the said C D. has pos- 
 suoh'dTs- ^ sessed himself by such means as aforesaid. {For these parts of the 
 bill, see form No. 23, p. 5, and interrogate to the material parts of 
 this hill in the manner there pointed out.) And that the said decree 
 of foreclosure may, for the reasons and under the circumstances 
 aforesaid, be set aside by this Honorable Court, and declared to be 
 fraudulent and void ; and that an account may be taken of what, if 
 anything, is now due to the said C. D. for principal and interest on 
 the said mortgage ; and that an account may also be taken of the 
 rents and profits of the said mortgaged premises which have, or might 
 have been received by, or on the behalf of the said C. D. ; and if 
 the same shall appear to have been more than the principal and inter- 
 est due on the said mortgage, then that the residue thereof may be 
 paid over to your orator ; and that your orator may be at liberty to 
 redeem the said mortgaged premises, on payment of the principal 
 and interest, if any, remaining due on the said security ; and that 
 the said C. D. may be decreed, on being paid such principal money 
 and interest, to deliver up possession of the said mortgaged premises, 
 free from all incumbrances, to your orator, or as he shall appoint, 
 and to deliver up all title deeds and writings relative thereto. [And 
 for general relief, as inform No. 25, p. 6.) May it please, &c. 
 [End hy praying process of subpoena against the said G. D., as in 
 form No. 26,^. 6.) 
 
 IX. 
 
 A Bill to suspend the Operation of a Decree, (a) 
 
 L V. Bill . to enlarge tBe time of performance of a decree, on the ground 
 of inevitable necessity, which prevented a party from complying with the 
 strict terms of it. 
 
 Former 
 proceed- 
 ings. 
 
 Mortgage. 
 
 Humbly complaining sheweth unto your honors your orator, A. B., 
 
 of, &c. That your orator, in the year , borrowed the sum of 
 
 $ from C. D. of, &c. (the defendant hereinafter named,) 
 
 and in order to secure to the said C. D. the repayment thereof, with 
 legal interest, your orator, by an indenture bearing date the 
 
 (a) Eq. Plead. § 428 a. 
 
BILLS NOT ORIGINAL. 129 
 
 day of . , in the year , granted, bargained, sold, and de- CH. IV. 
 
 mised unto tte sajd C. D., his executors, administrators, and assigns, 
 
 all that the manor of K., &c., with the appurtenances, for the term of 
 
 one thousand years, subject to redemption on payment by your orator Bill for 
 
 of the said sum of $ and interest, as therein mentioned, as by ['^J™™*;^ 
 
 the said indenture, reference being thereunto had, will more fully ap- pal and in- 
 
 pear. And your orator further sheweth unto your honors, that the the said 
 
 said C. D., on or about —. , exhibited his bill of complaint in this mortgage, 
 
 ■ _ ' ^ or foreclo- 
 
 Honorable Court against your orator, for payment of what was then sure. 
 
 due to him for principal and interest on the said security, by a short Answer 
 
 \ ^ -f ^ J submitting 
 
 day to be appointed for that purpose, or that your orator might be to pay what 
 absolutely debarred and foreclosed from all right and equity of re- ^""^^ 
 demption in the said mortgaged premises ; and your orator having Reference 
 . put in his answer thereto, and submitted to pay what should appear '"r'to^tai^e" 
 to be due from him, the said cause came on to be heard before your an account 
 
 honors on or about , when it was referred to R. V., one of the .^as due. 
 
 Masters of this Honorable Court, to take an account of what was so PlaintiiT 
 due from your orator to the said C. D. as aforesaid, and your orator pay the 
 
 was ordered to pay the same on the day of , or to be ^'Y'' °'-' '" 
 
 absolutely foreclosed of all right and equity of redemption in the said closed. 
 mortgaged premises ; as by the said proceedings now remaining as of 
 record in this Honorable Court, reference being thereunto had, will ^^^^^ ^^^ 
 appear. And your orator further sheweth unto your honors, that report was 
 your orator was duly prepared to pay what should be reported to be plaintiff 
 due from him ; but before the said Master made his report, your ora- l™^ *^°™ 
 
 ' ' LUIS COU-Il"" 
 
 tor was sent in great haste, by the commands of his Majesty, Ambas- try on pub- 
 
 sador to the Court of Paris on special and weighty affairs of state, and pre- ' 
 
 which admitted of no delay : arid your orator was therefore unable to yen ted 
 
 !• 1 ini_ r 11 from pro- 
 
 make any provision for the payment of what should be so tound due viding for 
 
 from him as aforesaid. And your orator further sheweth unto your ^'^^'J^^f" 
 
 honors, that the said Master, during your orator's absence, made his what was 
 
 report, whereby he found that the sum of $ was due to the ^S^. '°'" 
 
 said C. D. for principal and interest from your orator, but no further Master's 
 
 proceedings have since been taken in the said cause. And your ora- ^P°' ^ 
 
 tor being ready and willing to pay the said sum of $ to the pay prlnci- 
 
 said C. D., and all subsequent interest thereon, is advised, that on ^^^^^^'^^ ™' 
 
 payment thereof, he is entitled under the circumstances aforesaid, to 
 
 have so much of the said decree as relates to the foreclosure of your 
 
 orator's right and equity of redemption in the said mortgaged premises, 
 
 suspended, and on payment thereof, to have a reconveyance of the 
 
 said mortgaged premises from the said C. D. for the remainder of the Prayer. 
 
 term so granted to him as aforesaid. To the end therefore, &c. (inter- 
 
 rogate to the foregoing statement, and particularly the cause alleged for 
 
 suspension of the decree, as inform No. 24, p. 6.) And that the sub- 
 
130 
 
 EQUITY PKECBDENTS. 
 
 CH. IV. sequent interest on the said sum of $- 
 
 — so reported to be due 
 from your orator as. aforesaid to the present time, may be computed by 
 the direction of this Honorable Court, and that on payment of the said 
 sum of $ and such interest as aforesaid, the said decree of fore- 
 closure may be suspended, and the said C. D. directed, at the expense 
 of your orator, to reconvey the said mortgaged premises to your ora- 
 tor, or as he shall appoint, freed and absolutely discharged from the 
 said mortgage. (And for general relief, as in form Wo. 25, p. 6.) 
 May it please, &c. (Mid by praying subpoena against O. D., as in 
 form No. 2%, p. 6.) 
 
 A Bill to carry a Decree into Execution, [a) 
 
 LVI. BilPto carry a decree into execution, where a decree of partition had 
 been obtained and n,ot executed. 
 
 Former Humbly complaining sheweth unto your honors your orator, C. A., 
 proceed- ^f^ ^^.^ That your orator, on or about , filed his bill of com- 
 plaint, &c. (statement and prayer of the bill of partition, which set out 
 verbatim^ and the said E. B. having put in his answer thereto, and 
 the said cause being duly at issue, the same came on to be heard be- 
 fore your honors on or about , when your honors were pleased 
 
 to order and decree that a commission should issue to certain commis- 
 Decree. sioners to be therein named, to make partition of the estate in ques- 
 tion, who were to take the depositions of witnesses to be examined by 
 them, in writing, arid return the same, with the said commission ; and 
 the said estate was to be divided and separated, and one third part 
 thereof set out in severalty, and declared to belong to the said E. B. 
 and his heirs ; and the remaining two third parts thereof, declared to 
 belong absolutely to your orator, to be held in severalty by him '; and 
 the respective parties were decreed to convey their several shares to 
 each other, to hold in severalty according to their respective undivided 
 shares thereof : and that it should be referred to A. B., one of the 
 Masters of this Honorable Court, to settle the conveyances in case the 
 parties differed about the same ; as by the said proceedings and de- 
 cree now remaining as of record in this Honorable Court, reference 
 The reason being' thereunto had, will more fully appear. And your orator fur- 
 Tree has not ther sheweth unto your honoi-s that the commission awarded to issue 
 
 been car- by the said decree never issued on account of the said E.- B. ffoing 
 ried into •' & & 
 execution. — — ——^— . 
 
 (o) Eq. Plead. § 429-432. 
 
BILLS NOT ORIGINAL. 131 
 
 abroad, and being, till lately, out of the jurisdiction of this Honorable CH.'IV. 
 Court ; but the said E. B. having since returned, and the inconven- 
 ience mentioned in your . orator's former bill still subsisting, your 
 orator is 'desirous, of having the said decree forthwith carried into 
 execution, but from the great length of time that has elapsed, and 
 the refusal of the said E. B. to concur therein, your orator is advised 
 the same cannot be done without the assistance of this Plonorable 
 Court. To the end, therefore, &c. (see this part of the hill, and inter- 
 rogate to the foregoing statement, as in form Mo. 2i,p. 6.) And that Prayer. 
 the said decree may be directed to be forthwith carried specifically 
 into execution ; and the said E. B. ordered to do and concur in all 
 necessary acts for that purpose. May it please, &c. (end hy praying 
 subpoena against E. B., as in conclusions, form No. 26, p. 6.) 
 
( 132 ) 
 
 CHAPTER V. 
 
 INFORMATIONS, (a) 
 I. 
 CH. V. When they concern only the Rights of the Crown or Govern- 
 
 ment, (b) 
 
 LVII. Information to set aside a 'patent of lands granted by the crown, 
 wMeli had been unduly obtained. 
 
 That our sovereign lord the now King, on, &c. was, and now is 
 
 Seisin in seised in his demesne as of fee, in right of his duchy of Lancaster, 
 
 hisMajes- „f gjj^ [^ ^}jg manors, lands, and hereditaments hereinafter partic- 
 
 of'his ularly described, that is to say, all that, &c. [here describe the premises,'] 
 
 LancLti", all which are parcel of the said duchy of Lancaster, and are of the 
 
 of and in average annual value of £ , or thereabouts, which his Majesty 
 
 the lands in ° . . . t . i -ii i j. i ii. 
 
 question, ought to enjoy without mterruption, and is also entitled to have tne 
 
 benefit and profit of all the timber and wood on the said premises, 
 
 which is of considerable value ; and no waste or other injury to the 
 
 prejudice of his Majesty ought to be, or has been done : But now 
 
 so it is, the said A. B. of, &c. (the defendant hereinafter named) 
 
 combining, &c. {charge confederacy as in form No. 20, f. 4,) in 
 
 order to prejudice his Majesty's right in the said premises, and 
 
 Entry by commit waste thereon, has lately, and for these last years 
 
 ant on'Se'" entered on the said premises, and by his servants and agents, cut. 
 
 premises, down timber and other trees, and underwood, formerly growing. 
 
 cut down thereon, of considerable value, which the said A. B. has converted 
 
 ''^'''h\^r and applied to his own use, and for which he refuses to account, in 
 
 refuses to exclusion of his Majesty's just right thereto; and the said A. B. 
 
 threatens to continue in possession of the said premises, and to cut 
 
 down, and convert to his own use, all, or most of the remaining 
 
 timber and other trees, wood and underwood, unless he shall be 
 
 restrained therefrom by the order and injunction of this Honorable 
 
 (a) Eq. Plead. § 8. These precedents of Informations are taken, without alteration, 
 from Willis's Equity Pleadings. 
 (6) Eq. Plead. \ 8. 
 
 account. 
 
INFORMATIONS. 133 
 
 Court ; and to countenance such proceedings, he pretends some title CH. V. 
 by grant, or conveyance of the said premises, by some ancestor of his pretence of 
 Majesty, or some grant or lease from the crown thereof by his present title deriv- 
 Majesty. Whereas the said attorney-general charges, that if the King's au- 
 said A. B. has any such grant, the same was obtained by unusual ^'^^^°^r °'^ 
 means, and by surprise, and ought not to be binding on his Majesty, from his 
 he not being duly apprised thereof. And the said attorney-general jiaSy. 
 
 expressly charges, that in the month of , in the year , Charge 
 
 the said A. B. made a proposal to pay the sum of $ , which g^^nt was 
 
 was far short of the then value of the said premises, in a clandestine fraudulent- 
 manner, in order to deceive his Majesty, but which last mentioned 
 sum was never paid ; but the said A. B., notwithstanding, in the 
 
 month of following, petitioned his Majesty for the said grant, 
 
 and on reference to the then chancellor of the said duchy of Lan- 
 caster, from whom the said A. B. hastily obtained a report, in the 
 
 said month, and on or about the day of following, a 
 
 warrant was signed for passing a grant of the said premises, which, 
 about two days afterwards, was obtained under the duchy seal, 
 although all endeavors were made to stop the said grant by his 
 Majesty's treasury, and particularly, application was made to the 
 chancellor of the said duchy Court of Lancaster, but in vain, he 
 denying that he knew of any such grant, nor could it be known until 
 a particular thereof was afterwards accidentally found. And the 
 said attorney-general further charges, that such proceedings were 
 contrary to the regular course of passing grants of inheritance, 
 under the seal of the said duchy Court, inasmuch as there ought first 
 to have been a warrant to the auditor, to make a true particular to 
 the surveyor, who" is thereupon to return an estimate, when, and not 
 before, his Majesty grants his warrant; in pursuance whereof, a 
 grant is drawn up by the clerk, for the perusal of the King's attorney- 
 general of the said duchy, who, on approval thereof, signs a bill 
 with a docket, which afterwards being signed by his Majesty, passes 
 the seal of office. Whereas the said A. B.'s alleged grant, is not 
 yet registered with the clerk, nor enrolled with the auditor, nor is 
 there any trace thereof to be found in the said ofiice. And the said 
 attorney-general also charges, that although diligent search has been ther?being 
 made in the proper office, no lease or demise appears to have been "° }®?f^'„ 
 made of the said premises to the said A. B., accordmg to the statute any had 
 in such case made and provided, as it would have done, had any nf™t have^' 
 siich lease been duly made ; and such lease, if any, in pursuance of !j^™ P IJ^^'^" 
 the said statute, must have made the said A. B. punishable for statute. 
 waste and liable to pay the usual annual rent, or one third of the 
 clear annual value of the said premises, which he refuses to do. And 
 the said attorney-general further charges, that the said A. B. ought, 
 12 
 
134 EQUITY PRECEDENTS. 
 
 CH. V. under the circumstances aforesaid, to be restrained from committing 
 
 ^^^^ further waste, spoil, or destruction, in and upon the said premises, 
 
 that the de- and be decreed to deliver up such alleged grant, and such pretended 
 
 shouMte lease as aforesaid, and to account and make satisfaction to his 
 
 restrained Majesty, for the waste already committed by him the said A. B., and 
 
 mitting for one third of the clear yearly value of the said premises, from the 
 
 shouM de"-'' *™^ "^f 1^'^ ^^^^y thereon, within the last six years, and to deliver up 
 
 liver up the the said premises to his Majesty, in as good a state and condition as 
 
 £°e of the circumstances will now permit ; but nevertheless he refuses so to do, 
 
 premises, thereby his Maiesty is deceived, not only to his disinherison, but to 
 
 and account j j j t j ' 
 
 for the the apparent prejudice to the crown. {For these parts, see Jorm 
 
 ready com- -^0. 26, j9. 6, and interrogate to the material parts of the statement 
 mitted. and Q,j(f charges as there pointed out.) And that the said A. B. may 
 rent, and set forth a full, true, and particular account, of the timber and other 
 p(Mse"Son. ti'ees, wood and underwood, which since his entry, and within the 
 Discovery, last six years, was or were growing upon the said premises, and has 
 or have been felled or cut down by his order, or for his use, and of 
 the value thereof ; and also a like account of what is due from him, 
 for or by way of rent, during such period, within the last six years, 
 as the said premises have been occupied by him, or for his use, calcu- 
 lating such rent at one third of the clear yearly annual value of the 
 said premises. And that his Majesty may have such discovery as 
 aforesaid, the said attorney-general hereby, on behalf of his Majesty, 
 waives all forfeiture and penalties incurred by the said A. B., by rea- 
 son of such waste, or any other matter or thing stated or charged in 
 Prayer. this information. And that an account may be taken, by and under 
 the decree and direction of this Honorable Court, of the value of such 
 timber and other trees, wood, and underwood, which has been so 
 felled and cut down, by, or by the order, or for the use of the said 
 A. B., and also of what is so due and owing from him, for such rent 
 of the said premises as aforesaid, and that the said A. B. may be 
 decreed to make satisfaction to his Majesty for what shall appear to 
 be due to his Majesty, after making all just allowances, on taking 
 such accounts as aforesaid. And that the said A. B. may be decreed 
 to deliver up the said alleged grant and pretended lease of the said 
 premises, if any such really exist, to be cancelled, and also to deliver 
 up possession of the said premises, and to leave the same in as good 
 a state and condition as circumstances will now permit ; and that in 
 the mean time, the said A. B., and his workmen and agents, may be 
 restrained, by the order and injunction of this Honorable Court, from 
 cutting down or felling, or causing to be cut down or felled any more 
 timber or other trees, wood, or underwood, or committing any further 
 or other waste, spoil or destruction, in or upon the said premises, or 
 any part thereof. And that your lordship would be pleased to grant 
 
INFOKMATIONS. 135 
 
 your informant on behalf of his Majesty, such further and other CH. V. 
 relief, as to your lordship may seem meet, and the circumstances of 
 this case require. May it please, &c. (Und by praying an injunc- 
 tion in the terms of the prayer, and also process of subpoena against 
 the said A. B., as inform Wo. 26, p. 6.) 
 
 11. 
 
 When they concern those whose Rights the Crown or Gov- 
 ernment takes under its particular Protection, (a) 
 
 LVin. Information to establish charitable bequests in favor of a parish. 
 
 That by a private act of parliament, made and passed in the thirty- Act of par- 
 second year of the reign of his late Majesty, King Henry the Eighth, lj^'"'^1* f°^ 
 it was enacted, (among other things,) " that the several parishes of the parish- 
 L. and M., in the county of H., should be from thenceforth united, coi^orating 
 and remain forever an entire body, and the parishioners be of one ^^^ ^^'"| 
 parish, and that the church of the then late dissolved monastery of wardens, 
 St. N., in the town of G., in the county of H., aforesaid, should p^^^eS 
 from thenceforth be a parish church, and named and called the par- therein 
 ish church of G., and so at all times thereafter should be called ; 
 and that certain persons dwelling within the precincts of the said 
 parish, to be elected as therein mentioned, should be a perpetual and 
 able body in the law, and have a common seal, and should have and 
 enjoy to them and their successors, as well all messuages, lands, and 
 tenements, rents, reversions, services, and other hereditaments : as 
 also all revenues, advantages, and profits whatsoever, which at any 
 time should be in the possession of the said wardens of L. and M. 
 jointly or severally, by virtue of their late incorporation, as therein 
 mentioned ; and that the said wardens of the said parish, by the 
 names of the wardens of the parish church of G., in the said county 
 of PI. should and might implead, sue, and defend, and be impleaded, 
 as by the said act of parliament will more fully appear." And the said 
 attorney-general, at the relation aforesaid, further informeth. And 
 your orators further shew unto your lordship, that R. S., of the par- 
 ish of G. aforesaid, Esq., deceased, (the testator hereinafter named,) 
 being possessed of, or well entitled to the sum of £1000 navy five per 
 cent, annuities, and other personal estate and effects of considerable 
 value, on or about the . day of , duly made and pub- 
 
 («) Eq. Plead. ^ 8. 
 
136 EQUITY PRECEDENTS. 
 
 CH. V. lished his last will and testament in writing, and thereby, after 
 expressing an intention to dispose of all his effects in manner therein 
 mentioned, (among other things) devised and gave as follows : " I 
 give my freehold house in G. aforesaid, and the interest and divi- 
 dends of the sum of £1000 navy five per cent, annuities, standing in 
 my name, to I. B., of, &c. gentleman, for life, and after his decease, 
 I give the same, and the interest and dividends of the said sum of 
 £1000 navy five per cent, annuities, to the church-wardens of the 
 parish church of G. aforesaid, for the education in the protestant 
 faith, as by law established, of six poor children ; and I give all the 
 residue of my personal estate, after the death of the said I. B., to the 
 poor of the parish of G. aforesaid ; and I appoint E. S. and T. W. 
 of, &c. (defendants hereinafter named,) executors of this my will,' 
 as by the probate copy thereof, reference being thereunto had, will 
 
 The will, appear. And the said attorney-general at the relation aforesaid, 
 
 tor's death, further informeth, and your orators further shew unto your lordship, 
 
 that the said E. S. departed this life on or about , without 
 
 revoking or altering his said will, as to the devises and bequests 
 therein and hereinbefore particularly mentioned, without issue, 
 leaving the said I. B. in the said testator's said will named, his cousin 
 
 Proof of his and heir-at-law, and sole next of kin ; and the said E. S. and T. W., 
 upon or soon after the death of the said testator, duly proved the 
 said will in the proper Court, and took upon themselves the execu- 
 
 of the tes- tion thereof ; and under and by virtue of such probate, possessed 
 
 tator's per- themselves of all or most of the personal estate of the said testator, 
 sonal estate . . „ 
 
 by the ex- not specifically bequeathed, and much more than sufficient to satisfy 
 
 ecu ors. ^j^^ funeral and testamentary expenses and debts, and the said legacy 
 
 of £1000 navy five per cent, annuities, given by the said testator's 
 
 Payment of ^^jjj^ £qj, g^^jj charitable purpose as aforesaid ; and they duly paid 
 
 tor's funer- and discharged the said testator's funeral and testamentary expenses 
 
 tamentary S'Od debts, but the said legacy, for such charitable purpose as afore- 
 
 expenses g^id^ hitherto remains unpaid. And the said attorney-general, at the 
 
 but not the relation aforesaid, further informeth, and your orators further shew 
 
 thldfarity. ™to your lordship, that the said E. S. and T. W., from time to 
 
 Receipt of time, after the death of the said testator, received the interest and 
 
 anVdivN-^^ dividends of the said legacy of £1000 navy five per cent, annuities, 
 
 dends of as and when the same became due, and paid the same to the said 
 
 by the "ex- I. B., or for his use, up to the time of his death ; and they have 
 
 ecutors, received the dividends which have accrued due thereon since the 
 
 the same to decease of the said I. B., who departed this life, on or about , 
 
 entiFled having first duly made and published his last will and testament in 
 
 thereto for writing, bearing date , by which (among other things) he 
 
 his 'death, gave all the residue of his personal estate to the said E. S. and 
 
 T. W., to be equally divided between them, and appointed them 
 
INFORMATIONS. 137 
 
 executors of his said wUl ; and they, upon or soon after his death, CH. V. 
 duly proved the same in the proper Court, and took upon themselves 
 the execution thereof, as by the probate copy of the said will, (now 
 in their custody or power,) and to which the said attorney-general 
 and your orator respectively refer, when produced, will more fully 
 appear. And the said attorney-general, at the relation aforesaid, 
 further informeth, and your orators further shew, that in consequence 
 of such bequest of the interest and dividends of the said sum of 
 £1000 navy five per cent, annuities in favor of such poor children 
 of the said parish of G. as aforesaid, your orators have frequently 
 applied to the said R. S. and T. W. and requested them to pay the Applica- 
 said dividends thereof, which have accrued since the death of the '""'■'■ 
 said I. B., and also the fu,ture dividends thereof to your orators and 
 their successors, as such church-wardens as aforesaid, or otherwise 
 to transfer the said stock to your orators ; and also to account with 
 and pay to your orators, as such church-wardens as aforesaid, the 
 clear residue of the said testator's personal estate, not specifically 
 bequeathed, for the benefit of the poor of the said parish of G. 
 But now so it is, the said E. S. and T. W. combining, &c. {charge 
 confederacy as in form No. 20, p. 4,) refuse to comply therewith, 
 pretending that the said bequest of the interest and dividends of the Pretence 
 said £1000 navy five per cent, annuities, to such charitable purposes *^ari'able 
 as aforesaid, is void by the statute of mortmain, as being attached to bequests 
 the bequest to the said freehold house mentioned in the said testator's 
 will ; and that the gift of the residue of the said testator's personal 
 estate, by his said will, for the benefit of the poor of the said parish 
 of G., is too general and uncertain, and that the said I. B. became 
 entitled thereto as the next of kin of the said testator, and that the 
 same now belongs to them the said R. S., and T. W., as the residuary 
 legatees of the said I. B. Whereas the said attorney-general and Qij^j._g ^f 
 your orators charge and submit, that the said bequest of the interest the validity 
 and dividends of the said navy five per cent, annuities to such char- 
 itable purposes as aforesaid, is a good and subsisting bequest for the 
 education of such number of poor children born and resident in the 
 said parish of G. as aforesaid, and that the residue of the said testa- 
 tor's personal estate, given by his said will, for the benefit of the 
 poor of the said parish, is a proper and effectual bequest. And that 
 your orators, as such church-wardens as aforesaid, are entitled to 
 receive the said dividends, or to have the said stock transferred to 
 them for the charitable purposes aforesaid ; nevertheless the said 
 E. S. and T. W. persist in such pretences and refusals as aforesaid. 
 {For these parts, see form No. 22, p. 5, and interrogate to the mate- 
 rial parts of the statement and charges, in the manner there pointed 
 out.) And that it may be declared by this Honorable Court, that the Prayer. 
 12* 
 
138 EQUITY PRECEDENTS, 
 
 CH. V. gift and bequest of the said sum of £1000 navy five per cent, annui- 
 ties, and the interest and dividends thereof, for such charitable pur- 
 poses aforesaid, is a good and subsisting bequest for the education of 
 such number of poor children born and resident within the said par- 
 ish of G. as aforesaid, or for some other charitable purpose, for the 
 benefit of the said parish ; and that it may be also declared that the 
 residue of the said testator's personal estate given and bequeathed by 
 his said will, for the benefit of the poor of the said parish, is a proper 
 and effectual bequest, and that the said defendants R. S. and T. W. 
 may be decreed by this Honorable Court to account with and pay to 
 your orators as such church-wardens as aforesaid, the interest and 
 dividends of the said stock become due since the death of the said 
 I. B., and to transfer the said principal stock to your orators as such 
 church-wardens as aforesaid ; and in the mean time to pay the future 
 dividends to your orators and their successors, when and as the same 
 become due. And that the said R. S. and T. W. respectively may 
 also be decreed to account for, and pay over to your orators, as such 
 church-wardens as aforesaid, the clear residue of the said testator's 
 personal estate, not specifically bequeathed, for the benefit of the 
 poor of the said parish ; and that such further and other relief may 
 be had in the premises, as to your lordship shall seem meet, and the 
 circumstances of this case require. May it please, &c. {End 
 hy fraying process of subpoena against the said S. S. and T. W., 
 as inform No. 2Q,p. 6.) 
 
(139) 
 
 CHAPTER VI. 
 
 DEMURRERS, (a) 
 
 The Title. 
 LIX. The title of a defence by demurrer to a bill in equity. ^^' ^• 
 
 The demurrer of A. B., Attorney (or Solicitor) General, or of 
 
 C. D. Esquire, Attorney (or Solicitor) General of the State of , 
 
 m- of the Mayor and Aldermen of the city of E. ; or of F. G. an 
 infant under the age of twenty-one years, by H. I. his guardian, or 
 of J. K. an idiot or lunatic by L. his guardian, or of M. N. and O. 
 his wife ; or of P. the wife of R. S., who has duly obtained an order 
 of this Honorable Court, for liberty to defend separately from her said 
 husband, or of T., the wife of V. Y., defendants to the bill of com- 
 plaint of Z. X., complainant. 
 
 LX. Introduction to a demurrer to the whole of the bill. (6) 
 
 This defendant (or these defendants respectively) by protestation, 
 not confessing or acknowledging all, or any of the matters and things 
 in the said complainant's bill to be true, in such manner and form as 
 the same are therein set forth and alleged,* doth {or do as the case 
 may be) demur thereto, and for cause of demurrer, sheweth, (or shew) 
 That, &c. 
 
 LXI. Where the demurrer is to part of the bill, or to the relief, (c) 
 
 (^As inform LIL to the asterisk) as to so much and such part of the 
 said bill as seeks that this defendant (or these defendants) may answer 
 and set forth whether, &c. ; and whether, &c. ; and prays, &c. (if 
 relief be prayed ;) doth (or do) demur, and for cause of demurrer 
 sheweth (or shew.) 
 
 (a) Eq. Plead. § 441, 646. (6) Eq. Plead. 4 312, 441, 751, note, 
 
 (c) Eq. Plead. § 466, 469. 
 
140 EQUITY PRECEDENTS. 
 
 The Conclusion. 
 
 CH. VI. LXII. General words of conclusion to a demurrer to the whole of the bill, (a) 
 
 Wherefore this defendant (or these defendants respectively,) de- 
 mands * {or demand) the judgment of this Honorable Court, whether 
 he shall be compelled to make any further, or other answer to the said 
 bill, or any of the matters and things therein contained, and prays {or 
 pray) to be hence dismissed, with his, {her, or their) reasonable costs 
 in this behalf sustained. 
 
 Or thus : 
 
 Wherefore, and for divers other errors and imperfections, this de- 
 fendant humbly demands, &c. {As in the preceding form from the 
 asterisk.) 
 
 LXni. Where the demurrer is to part only, or to the relief. (J) 
 
 Wherefore, and for divers other errors and imperfections appearing 
 in the said bill, this defendant {or these defendants) humbly prays {or 
 pray) the judgment t of this Honorable Court, whether he, {she, or 
 they) shall be compelled to make any answer to such part of the said 
 bill as is so demurred unto as aforesaid, &c. 
 
 Or thus : 
 
 And therefore, and for other good causes of demurrer in the said 
 bill contained, as to so much of the said complainant's bill as is de- 
 murred unto as aforesaid, this defendant {or these defendants) doth 
 {or do) demand the judgment, &c. {As in the last form from f.) 
 
 FORMS OF DEMUEEEES. 
 
 Demwrrers to Bills praying Relief, where the Court has no 
 Jurisdiction, (c) 
 
 LXIV. Demurrer to a bill for relief on a lost bond, for want of an afSdavit 
 of such loss being annexed, and filed with the bill, {d) 
 
 That the said complainant by his said bill, as this defendant is ad- 
 vised, endeavors to entitle himself to a sum of money due upon the 
 
 (a) Ecj. Plead. § 312, 441, 446, 751; note. (b) Eq. Plead, ^ 466-493. 
 
 (c) Eq. Plead. ^ 454-459. (d) Eq. Plead. § 528-642. 
 
DBMURREES. 141 
 
 bond, therein stated to have been entered into by this defendant to CH. VI. 
 
 the said complainant, and suggests, for equity, that the said bond hath 
 
 been burnt, lost, or destroyed ; and the said complainant hath not by • 
 
 affidavit annexed to, and filed with the said bill, made oath that the 
 
 said bond is burnt, lost, or destroyed ; wherefore, &c. {as in forms 
 
 No. LXIL, LXlILp. 140.) 
 
 LXV. Demurrer for want of a suggestion that the evidence of the plaintiffs 
 demand is not in his power, (a) 
 
 As to so much and such part of the said complainant's bill as prays 
 
 relief, in respect of the bond bearing date for the sum of 
 
 $20,000 in the said bill, stated to have been made and entered into, 
 
 for the payment of $10,000 and interest on the day of 
 
 last by this defendant, or the money alleged, by the said bill, to be 
 now due to the said complainant from this defendant thereon, this 
 defendant doth demur, and for cause of demurrer sheweth, that the 
 said bond appears by the said bill, to have been taken by the said 
 complainant, in his own name, and to be now in the possession, cus- 
 tody, or power of the said complainant, who therefore has a remedy 
 for his demand at law. Wherefore, &c. (as in forms No. LXIL, 
 LXUL p. 140.) 
 
 LXVI. Demurrer to a bill for relief filed by a person beneficially entitled, 
 where a right of action at law was in a trustee, suggesting a refusal by the 
 trustee to sufier an action to be brought in his name. (6) 
 
 As to so much and such part of the said bill, as seeks to compel 
 these defendants to pay the sum of $5000 or to make the said com- 
 plainants satisfaction for any loss that has happened to the said ship, 
 these defendants respectively demur ; and for cause of demurrer 
 shew, that if the policy of insurance in the said bill mentioned was 
 forfeited, a proper action at law did and would lie to recover the 
 money due thereon, and if the said complainants be entitled to any 
 such relief as aforesaid, as prayed in and by their said bill, they might 
 have a complete and adequate remedy by an action at law, where 
 they ought and would be put to prove their interest in, and the loss 
 of the said ship. Wherefore, &c. {As in forms No. LXIL, LXIIL 
 p. 140.) 
 
 LXVII. Demurrer to a bill for a new trial. 
 
 That the said complainant's said bill states, that the said com- 
 plainant could not produce his witnesses at the trial at law, in the 
 
 (a) Eq. Plead. § 642-647. (5) Ibid. § 552, 560. 
 
142 EQUITY PRECEDENTS. 
 
 CH. VI. said bill particularly mentioned, and that they and his the said com- 
 ■ plainant's counsel were then absent, whereby, the said complainant 
 
 • was surprised. Nevertheless, this defendant is advised, that the said 
 
 complainant may and ought to make application to the Court of 
 King's Bench, where the said action was brought, as in the said bill 
 mentioned, for a new trial, or such other direction, or rule therein, 
 as they who are the proper judges thereof, may think fit. . Where- 
 fore, &c. (As informs Wo. LXIL, LXIII. p. 140.) 
 
 LXVIII. Demurrer to a bill brought to obtain the benefit of a security 
 given for a transaction against public policy, (a) 
 
 That the mortgage security, in the said bill particularly mentioned 
 and set forth, for securing the payment by this defendant to the said 
 complainant of the sum of £1000 and interest, on the day and in 
 manner therein mentioned, was given by this defendant to the said 
 complainant, as appears in and by the said bill, not for any money 
 actually advanced by the said complainant to this defendant ; but in 
 consideration that the said complainant should within three months 
 next ensuing the date of the said indenture resign, and procure for 
 this defendant, the office of undersheriff of the county of Y. ; which 
 said agreement and transaction, as it appears on the face of the said 
 bill, was and is, as this defendant is advised, contrary to public policy 
 and also contrary to the statute, in that case made and provided, and 
 therefore void ; and the said complainant is not therefore entitled to 
 any such relief as prayed by his said bill in respect of the said secu- 
 rity, or any other relief whatsoever touching the same. Wherefore, 
 &c. (^5 informs No. LXIL, LXIII. p. 140.) 
 
 LXIX. Demurrer to a bill for relief against a mandamus. 
 
 As to so much and such part of the said complainant's bill as 
 prays an injunction, or order in the nature of an injunction, to stay 
 proceedings on the writ of mandamus, issued to compel the said 
 complainants to hold a Court, and admit these defendants respectively 
 as tenants thereto, these defendants severally demur, and for cause of 
 demurrer shew, that it is against the course and practice, and not 
 within the jurisdiction of this Court, to interfere or aflPord relief 
 against the said writ of mandamus, or any other proceeding of a crim- 
 inal or mandatory nature. Wherefore, &c. {As informs No. LXIL, 
 LXIIL p. 140.) 
 
 (a) Eq. Plead. § 556-568. 
 
DEMURRERS. 143 
 
 LXX. Demurrer to a bill of interpleader, because it does not shew any CH. VI. 
 claim of right in the defendant, (a) 
 
 For that the said complainant has not in and by his said bill of 
 interpleader, shewn any claim, or right, title, or interest whatsoever, 
 in this defendant in or to the said estate called A., in the said bill 
 particularly mentioned and described, in respect whereof this defend- 
 ant ought to be compelled to interplead with C. D. in the said bill 
 named, and the other defendant thereto. Wherefore, &c. (As in 
 forms No. LXIL, LXIII. p. 140.) 
 
 LXXI. Demurrer to a bill of interpleader, because the plaintiff shews no 
 right to compijl the defendants, (whatsoever rights they may claim,) to 
 interplead. (J) 
 
 That the said complainant has not, in and by his said bill, shewn 
 any right and title whatsoever to compel this defendant, and A. B., 
 the other said defendant to the said bill, to interplead. Wherefore, 
 &c. {As informs No. LXIL, LXUl. p. 140.) 
 
 LXXII. Demurrer to a bill of interpleader, for want of the necessary 
 
 affidavit, (c) 
 
 That although the said complainant's said bill is on the face thereof 
 a bill of interpleader, and prays that this defendant and the other 
 defendants thereto may interplead together concerning the matters 
 therein mentioned, and may be restrained, by the order and injunction 
 of this Honorable Court, from proceeding at law against the said com- 
 plainant, touching such matters, yet the said complainant has not 
 annexed an affidavit to his said bill, that he does not collude con- 
 cerning such matters or any of them with this defendant and the 
 other defendants thereto, or any or either of them, which affidavit 
 ought, as this defendant is advised, according to the rules of this 
 Honorable Court, to have been made by the said plaintiff, and an- 
 nexed to the said bill. Wherefore, &c. {As in forms No. LXLL, 
 LXILL p. 140.) 
 
 LXXIU. Demurrer to a bill to restrain a private nuisance, the plaintiff not 
 having established his right at law. 
 
 That the complainant has not by his said bill shewn such a caSe as 
 entitles him to any such relief as is thereby prayed, inasmuch as it 
 
 (o) Eq. Plead. § 549-669. (6) Ibid. (c) Ibid. ^ 642-647. 
 
144 EQUITY PRECEDENTS. 
 
 CH. VI. does not thereby appear, that there was any impediment to an action 
 at law being brought by the said complainant to ascertain his right 
 and that of this defendant, relative to the wall in the said bill particu- 
 larly mentioned, or that in any trial or action, verdict or judgment has 
 been hitherto obtained by the said complainant for that purpose, or 
 that there was previously to, or at the time the said bill was filed, or 
 now is, any authentic record of such right. Wherefore, &c. (As in 
 forms No. LXII, LXIII. p. 140.) 
 
 LXXIV. Demurrer to a bill for the examination of witnesses de bene esse, 
 where the matters can be immediately investigated in a court of law, and 
 the witnesses are resident in England, and there is no affidavit annexed 
 to the bill of the circumstances by means of which the testimony may 
 probably be lost. 
 
 That the said complainant in and by his said bill, claims to be 
 entitled to the lands, tenements, and hereditaments, therein particu- 
 larly mentioned and described, and thereby stated to be now in the 
 possession of this defendant ; and the said complainant by the said 
 bill prays, that he may be at liberty to examine, perpetuate, and pre- 
 serve, the testimony of certain persons therein named as to his title 
 thereto ; yet the said complainant has not stated, nor does it appear in 
 and by his said bill, that any action at law has hitherto been brought 
 to establish his right, or that there was or is any impediment to any 
 such action being brought by the said complainant, or that the said 
 several persons sought to be examined as witnesses, or any or either 
 of them, are or is resident abroad, or now absent or about to go from 
 England ; nor hath the said complainant by affidavit annexed to the 
 said bill made oath, that the said several persons sought to be exam- 
 ined, or any or either of them, are or is sick, old, or infirm, or any 
 other circumstance which renders such testimony in danger of being 
 lost. Wherefore, &c. (As informs No. LXII., LXIII p. 140.) 
 
 Where some other Court of Equity has the proper Jurisdiction. 
 
 LXXV. Demurrer to a bill of appeal and review from th.e County Palatine 
 of Lancaster, because it appeared on the face of the bill, that the Court 
 of Chancery had no jurisdiction. 
 
 That the said complainant's bill, filed in this Honorable Court, 
 appears to be a bill of appeal to this Honorable Coijrt, to review the 
 decree therein particularly mentioned and, set forth, and thereby 
 
DEMtlRKBRS. 145 
 
 stated to have been made by, and in the Court of tlie Chancellor of OH. VI. 
 
 the Duchy and County Palatine of Laiicaster, vAich by the said bill 
 
 appears to have been a court of competent and exclusive jurisdiction 
 for that purpose ; and this defendant is advised that no appeal lies 
 therefrom to this Honorable Court, and that this Court has not, as 
 appears by the said bill, any jurisdiction to enable it to entertain the 
 said bill of appeal and review. Wherefore, &c. (As in forms Wo. 
 LXIL, LXIU. p. 140.) 
 
 LXXVI. Demurrer to a bill exhibited by an infant, where no next friend 
 
 is named. 
 
 That the said complainant, who appears by the said bill to be an 
 infant under the age of twenty-one years, hath exhibited his said bill 
 ■without any person being therein named as his next friend. Where- 
 fore, &c. {As in farms No. LXIL, LXIII. p. 140.) 
 
 Where the Plaintiff has no Interest in the Subject, or no Title 
 to institute a Suit concerning it. {a) 
 
 LXXVn. Demurrer to a bill where the plaintiff claimed under a will, and 
 it was apparent on the face of the bill, that he had no title. 
 
 That the said complainant hath not, as appears by his said bill, 
 made out any title to the relief thereby prayed. Wherefore, &c. 
 {As informs No. LXIL, LXIILp. 140.) 
 
 • LXXVin. Demurrer to a bUl againet the presumptive heir-at-law, to per- 
 petuate the testimony of witnesses to a paper, pretended to be a lunatic's 
 will, made before his lunacy. 
 
 That the said bill seeks to have the aid of this Honorable Court for 
 the examination of certain persons, therein named, as witnesses to a 
 paper in the said bill set forth, and alleged to be the last will and 
 
 testament of J. S., bearing date the day of , in the 
 
 year — ■ . Whereby the several manors and lands therein, and 
 
 in the said bill particularly described, are pretended to be devised to 
 the said plaintiff in fee. But the said J. S., since making the said 
 
 (a) Eq. Plead. § 493-498, 649. 
 
 13 
 
146 EQUITY PRECEDENTS. 
 
 CH. VI. pretended will, as appears by the said bill, has become and now is 
 lunatic, and has been duly so found, and is still living, and may 
 therefore recover, and revoke the said pretended writing, which this 
 defendant is advised cannot be a perfect will until his death, nor will 
 this Honorable Court, as this defendant is advised, in a case of this 
 nature, lend its aid to the examination of any persons as witnesses to 
 such alleged paper or writing in the lifetime of the said lunatic. 
 "Wherefore, &c. (As informs No. LXIL, LXIII. p. 140.) 
 
 LXXIX. Demurrer to a bill to have a sum of money bequeathed to procure 
 a peerage, applied for that purpose. 
 
 That the said complainant has not by his said bill, shewn such a 
 case as entitles him to any such relief as is thereby prayed, or any 
 other relief whatsoever, touching the several matters therein com- 
 plained of, or. any of them ; inasmuch as this defendant is advised, 
 that it is against law that the honors of Peerage, which are properly 
 the rewards of virtue and merit, should be purchased for money ; 
 and that no agreement or disposition of any money to any such pur- 
 pose, ought to be aided and assisted by a court of equity ; particu- 
 larly, as a peer of this realm hath, and doth, rightfully hold and exer- 
 cise a judicial power in judging and determining upon the rights and 
 properties of the people of England ; and it is, therefore, as this 
 defendant is advised, against the positive and established law of the 
 land, that any judicial power should be bought or sold for money, or 
 attained by such means. Wherefore, &c. (As in forms No. hXIL, 
 LXIII. p. 140.) 
 
 WJiere the Plaintiff has no Right to call on the Defendant, con- 
 cerning- the Subject of the Suit, (a) 
 
 LXXX. Demurrer for want of privity to a. bill by an unsatisfied legatee 
 against a creditor of his testator. 
 
 That it appears by the said complainant's said bill, that there is no 
 privity between the said complainant and this defendant, to enable 
 the said complainant to call on this defendant for payment of any 
 debt due to the estate of the said testator from this defendant. 
 Wherefore, &c. (^s in forms No. LXIL, LXIII. p. 140.) 
 
 (a) Eq. Plead. § 513-B19, 671. 
 
DEMUI^RBRS. 147 
 
 Where the Defendant has not that Interest in the Subject which ^^- V"- 
 can make him liable to the Claims of the Plaintiff, (a) 
 
 LXXXI. Demurrer by an arbitrator made a party to a bill to impeach his 
 
 award. 
 
 For that the said complainant Hath not, by his said bill, which 
 seeks to set aside the award therein set forth; and to which this 
 defendant is made a party in his character of an arbitrator, shewn 
 that he can have any decree against this defendant, whose answer 
 could not be read as evidence against the other defendants to the 
 said bill, or any of them ; and the said complainant for anything 
 that appears in the said bill to the contrary, might examine this 
 defendant as a witness in this suit. Wherefore, &c. {As in forms 
 No. LXIL, LXIILp. 140.) 
 
 LXXXII. Demurrer by the heir of the obligor to a bill brought by the 
 obligee in a bond, because the bill does not shew that the defendant's 
 interest in the subject makes him liable to the plaintiff's demand. 
 
 That the said complainant, by his said bill, seeks to charge this 
 
 defendant with the payment of the sum of $ as the heir of 
 
 A. B. deceased, in the said bill named, by whom the same was 
 secured by bond to the said complainant, but it does not appear by 
 the said bill, that this defendant as such heir, is bound in and by the 
 bond, in the said bill set forth as the foundation of the said com- 
 plainant's debt. Wherefore, «&c. {As in forms No. LXIL, LXIII. 
 p. UO.) 
 
 Where, for some Reasons fqumded on the Substance of the 
 Case, tjie Plaintiff is not entitled to Relief, (b) 
 
 LXXXni. General demurrer for want of equity. 
 
 That the said complainant hath not, in and by his said bill, made 
 or stated such a case as doth, or ought to entitle him, to any such 
 discovery or relief as is thereby sought and prayed for, from or 
 against this defendant. Wherefore, &c. {As in forms No. LXIL, 
 LXIIL p. 140.) 
 
 (a) Eq. Plead. § 549, 569. (h) Ibid. § 505. 
 
148 EQUITY PBEOBDBNTS. 
 
 CH. Yi. Where the Bill is deficient to answer the Purposes of Justice, {a) 
 
 LXXXI V. Demurrer for want of parties/ 
 
 That it appears by the said complainant's said bill, that A. B., 
 therein named, is a necessary party to the said bill, inasmuch as it is 
 therein stated, that C. D., the testator in the said bill named, did in 
 his lifetime, by certain conveyances made to the said A. B. in con- 
 sideration of $ convey to him, by way of mortgage, certain 
 
 estates in the said bill particularly mentioned and described, for the 
 purpose of paying the said testator's debts and legacies ; but the said 
 complainant has not mode the said A. B. a party to the said biU. 
 Wherefore, &c. {As in forms M. LXII, LXIII. p. 140.) 
 
 Where distinct Objects are confownded in the same Bill. 
 
 LXXXV. Demurrer for multifariousness. (&) 
 
 That it appears by the said bill, that the same is exhibited by the 
 said complainant against this defendant, and A. B., C D., E. F., and 
 G. H., as defendants thereto, for several distinct matters and causes, 
 in many whereof, as appears by the said bill, this defendant is in no 
 way interested ; and, by reason of such distinct matters, the said bill 
 is drawn out to a considerable length, and this defendant is compelled 
 to take a copy of the whole thereof ; and by joining distinct matters 
 together, which do not depend on each other, the proceedings in the 
 progress of the said suit will be intricate and prolix, and this defend- 
 ant put to unnecessary charges and expenses, in matters which in 
 no way relate to, or concern him. Whereforej &c. {As in forms 
 No. LXII., LXIU. p. 140.) 
 
 LXXXVI. Demurrer to a bill brought for part of a"matter only. 
 
 That the said complainant by his said bill, in order to split the 
 cause, and create a multiplicity of suits, seeks only to recover a part 
 of an entire debt, thereby stated to be due to him from this defend- 
 ant ; and in respect of other parts of the said debt, has, as appears 
 by his said bill, filed two several other bills of complaint in this Hon- 
 orable Court against this defendant. Wherefore, &c. {As in forms 
 .Net. LXII., LXIILp. 140.) 
 
 (ffi) Eq. Plead. § B27-545. (b) Ibid. ^ 630-541, 609, 610. 
 
DEMURRERS. 149 
 
 DEMUEREES TO DI8C0VBET. (a) CH. VI. 
 
 Where the Case made by the Bill, is not such wherein a Court of 
 Equity assumes jurisdiction to compel a Discovery, (b) 
 
 LXXXVn. Demurrer to a bill filed for a discovery in aid of the jurisdic- 
 tion of the Court, which had of itself power to compel the discovery- 
 required. 
 
 That the said complainants have not, in and by their said bill, shewn 
 such a case as caHs for the interference of this Honorable Court, inas- 
 much as a discovery of the several matters in the said bill contained, 
 could, if necessary, have been obtained in the Court, in the said bill 
 mentioned, in aid whereof the discovery prayed by the said bill is 
 sought to be enforced by this Honorable' Court, from this defendant. 
 "Wherefore, &c. {As informs No. LXIL, LXIII. p. 140.) 
 
 Where the Plaintiff has no Interest in the Subject, or no 
 Interest which entitles him to call upon the Defendant for 
 a Discovery, (c) 
 
 LXXXVin. Demurrer to a bill brought against the defendant by a judg- 
 ment creditor whb had not sued out execution, for a discovery of the 
 goods of the debtor, alleged to have been fraudulently possessed by the 
 defendant. 
 
 That the said complainant has not alleged, nor does it appear by 
 his said bill, that he has sued out execution, and actually taken out a 
 fieri facias on his said judgment, and that until he has so done, the 
 goods of A. B., in the said bill named, are not bound by the said judg- 
 ment, nor the said complainant entitled to a discovery thereof. Where- 
 fore, &c. {As in forms No. LXIL, LXUL p. 140.) 
 
 Where the Defendant has no Interest in the Subject, to entitle 
 the Plaintiff to institute a Suit against him, even for the 
 Purpose of Discovery, (d) 
 
 LXXXIX. Demurrer to a bill for discovery, where the defendant could be 
 examined as a witness. 
 
 That the said complainant has not, in and by his said bill stated,, 
 charged, or shewn, that this defendant has, or pretends to have, any 
 
 (a) Eq. Plead. § 545-611. (6) Ibid. § 551. (e) Ibid. § 649. (d) Ibid. § 570. 
 
 13* 
 
150 KftUITY PBECBDBNTS. 
 
 CH. VI. right, title, or interest in the matters and things complained of by the 
 ~~" said bill, or any of them^ or any right to call upon this defendant in a 
 Court of Equity, for a discovery of the said matters and things, or any 
 of them. And that for anything that appears to the contrary by the 
 said bill, this defendant may be examined as a witness in this suit. 
 Wherefore, &c. (As informs M. LXIL, LXIII. p. 140.) 
 
 Where there is no Privity of Title between the Plaintiff and 
 Defendant that can give the Plaintiff a Right to the Dis- 
 covery, (a) 
 
 XC. Demurrer to a bill filed by an owner of lands asserted to be tithe free, 
 for discovery of the title of the lay impropriator to the tithes of the parish 
 within which such lands are 8itu3,ted. 
 
 That the said complainant hath not by his said bill, shewn such 
 privity of title between him and this defendant, or she*n any such 
 right or title as entitles him, in a Court of Equity, to the discovery 
 from this defendant thereby sought. Wherefore, &c. {As informs 
 No. LXIL, LXlILp. 140.) 
 
 Where the Discovery if obtained cannot be material, {b) 
 
 XCI. Demurrer to a bill seeking a discovery of proceedings in the Court, 
 relative to a grant of administration, in aid of an action at law for the re- 
 covery of real estate. 
 
 That the said complainant, in and by his said bill, seeks a discovery 
 of the several proceedings therein mentioned to have taken place in 
 the Prerogative Court of the Archbishop of Canterbury, relative to a 
 grant of administration of the personal estate of A. B. deceased, which 
 he states by his said bill to be material to enable him, the said com- 
 plainant, as eldest son and heir-at-law of the said A. B. deceased, to 
 recover possession, by an action at law, of the real estates in the said 
 bill particularly described, as in the possession of this defendant ; but 
 this defendant is advised, that as aU such proceedings in the Court, 
 relate only to the personal estate of the said testator, they cannot, nor 
 can any of them, be material to the said' complainant's case, or aflFect 
 the title to the said real . estates. Wherefore, &c. {As in forms 
 No.LXlI.,LXIlLp.im.) 
 
 (a) Eq. Plead. § 671. (J) Ibid. § 546, 564-670. 
 
DBMUREEKS. 151 
 
 Where the Situation of the Defendant renders it improper for ch. vi. 
 a Court of Equity to compel a Discovery, {a) 
 
 XCn. Demurrer where a discovery would subject the defendant to pains 
 and penalties and forfeitures. 
 
 That the said information seeks to discover how this defendant came 
 by the possession of the several goods therein particularly mentioned, 
 whether it was not by fraud, violence, contrivance, or other m,eans, and 
 whether they were not the property of the Indians from whom, in the 
 said bill, such goods are alleged to have been taken by this defendant 
 and others ; but this defendant is advised that any discovery of the 
 manner in which such goods came into this defendant's possession, as 
 an ofiBcer of the honorable united company of merchants trading to the 
 East Indies, would, or might subject this defendant to fine, or corporal 
 punishment, and the penalties contained in the several acts of parlia- 
 ment for the establishment of the said company, and also to a forfeiture 
 of his rank and office in the service of the said company, and likewise 
 of the said goods. Wherefore, &c. {As in forms No. LXIl., LXIIl. 
 p. 140.) 
 
 (a) Eq. Plead. § 576-598. 
 
( t52) 
 
 CHAPTER VII. 
 
 PLEAS, (a) 
 
 CH. VII. Forms of Commencements, and Conclusions of Pleas. 
 
 THE TITLE. 
 
 XCin. The title of a defence by plea to a bUl in equity. 
 
 The plea of defendant, {or defendants) to the bill of com- 
 plaint of , complainant. 
 
 COMMENCEMENT OF PLEAS. 
 
 XCIV. Commencement of a plea to the whole or part of a bill, (h) 
 
 This defendant (or these defendants respectively) by protestation, not 
 confessing or acknowledging all, or any of the mattejs and things in 
 the said .complainant's bill of complaint, mentioned and . contained to 
 be true, in such sort, manner, and form, as the same are therein set 
 forth and alleged,* for plea to the whole of the said bill, or to so much 
 and such part of the said bill as prays, &c., or seeks a discovery from 
 this defendant, (or these defendants. Whether, &c.) 
 
 CONCLUSION OF PLEAS. 
 
 XCV. Conclusion. 
 
 Therefore this defendant {or these defendants) doth {or do aver, and) 
 plead the said {Act of Parliament, or release, &c. as the case may be) 
 [in bar'] to the said complainant's bill, [or [if the plea extend to 
 part only,) to so much of the said bill as hereinbefore is particularly 
 mentioned,] and prays {or pray) the judgment of this Honorable 
 
 (a) Eq. Plead. Chap. XIII. (i) Ibid. ^ 647. 
 
PLEAS. 163 
 
 Court, whether he {she or they) should be compelled to make any CH. VII. 
 further answer to the said bill, (or to so much of the said bill as is "^ ' 
 hereinbefore pleaded to,) and prays {or pray) to be hence dismissed 
 with his {her ov their) reasonable costs and charges in that behalf 
 most wrongfully sustained. 
 
 FOEMS OF PLEAS. 
 
 JiCVI. Where the suit is for lands within a county Palatine. 
 
 {For the title and commencement, see forms No. XOIIL, XGIV. 
 p. 152, to the asterisk.) [Except that the lands, tenements, heredita- 
 ments, with their appurtenances mentioned in the said bill, concerning 
 the title whereof the said bill is brought in this Honorable Court, are 
 
 situate at , in the county Palatine of Chester ;] for plea to the 
 
 whole of the said bill, saith. That the said county of Chester is, and 
 from time whereof the memory of man is not to the contrary, hath 
 been, a county Palatine ; and that the said lands, tenements, and her- 
 editaments, with their appurtenances, and all other lands, tenements, 
 and hereditaments within the said county Palatine, or belonging there- 
 unto, have, or ought to have been, during all such time impleaded, 
 and yet are impleadable, in the Courts of the said county Palatine, 
 before the judge for the time within the said county Palatine, and not 
 elsewhere ; therefore this defendant doth aver and plead the same, 
 and humbly demands judgment of this Honorable Court, whether it 
 will hold plea thereupon and enforce this defendant to answer the 
 said bill for the cause aforesaid ; and prays to be hence dismissed, 
 with his reasonable costs and charges in that behalf most wrongfully 
 sustained. 
 
 XCVJi. Plea of the privileges of the University of Oxford, to the jurisdic- 
 tion of the Court of Chancery. 
 
 {For the title and commencement, see forms No. XGIIL, XGIV. 
 p. 152.) That the University of Oxford is an ancient university, and 
 fi-om time whereof the memory of man is not to the contrary, hath 
 been, and now is incorporated by the name of " The Chancellor, Mas- 
 ters, and Scholars of the University of Oxford ; " and that the said 
 chancellor, masters, and scholars, of the said university for the time 
 being, during all the time aforesaid, have had, and used, and now have 
 and use a Court holden before the said chancellor of the said univer- 
 sity, or his vice-chancellor, commissary, official, or deputy, in whatso- 
 ever place within the precincts and limits of the said university he 
 
154 EQUITY PKBOEDBNTS. 
 
 CH. VII. appoints ; and the said chancellor, masters, and scholars have, from 
 time beyond the memory of man, had, used, and exercised, and now 
 have, use, and exercise cognizance of all manner of suits, pleas, and 
 actions whatsoever, both at law and in equity, (except assizes and 
 pleas of freehold,) wherein any scholar or privileged person of the 
 said university is one party, to be heard and determined before the 
 chancellor, or his vice-chancellor, commissary, official, or deputy for 
 the" time being, in the said Court, and for and during all the time 
 aforesaid, all actions, suits, plaints, debates, and controversies what- 
 soever, wherein any scholar or privileged person of the said university 
 is one party, (except assizes and pleas of freehold,) by the customs 
 and privileges of the said university have been, and have been used 
 to have been heard, examined, and determined in the said Court, by 
 the said chancellor, or vice-chancellor, commissary, official, or deputy 
 for. the time being, according to law, equity and justice, and not 
 elsewhere, or in any other Court, or before any other judge ; and the 
 said Court is, and from time beyond the memory of man, hath been, 
 a Court as well of equity as of law ; and the judges for the time being 
 do, and during all the time aforesaid have used to determine all 
 plaints, suits, matters, and things, therein depending, according to 
 the rules, as well of equity, as of law ; and the said chancellor, mas- 
 ters, and scholars have, and beyond the memory of man have had, 
 and used to have, ministers and officers of their own, to execute such 
 judgments and sentences as shall be there given, and to execute by 
 virtue thereof such process, as upon execution or otherwise, shall 
 issue out of the said Court within the realm of England ; and no 
 other Court of law or equity, upon seasonable and proper notice, 
 tendered in due form, according to the practice of such Courts 
 respectively, that any person there sued is a person that, by the cus- 
 toms of the said university, ought to enjoy the privileges thereof, 
 ought to proceed in any of the matters aforesaid ; and that time 
 beyond the memory of man, all graduates and- scholars of the said 
 university, and their servants, and all stationers and bookbinders, 
 inhabitants of the said university, and all servants and officers of the 
 said university, have had, and have used, and now ought to have and 
 enjoy, the liberties and privileges of the said university, and there, 
 in the said Court of the said chancellor, masters, and scholars, to 
 sue and be sued and impleaded, for all matters, suits, and plaints 
 whatsoever (except assizes and pleas of freehold ;) and not else- 
 where, or before any other judge whatsoever ; all which said rights 
 and privileges, liberties, and franchises (amongst other things) were 
 ratijSed, established, and confirmed to the said chancellor, masters, 
 and scholars of the said university, and their successors forever, by 
 the lord Henry the Eighth, late king of England, by his letters patent 
 
PLEAS. 155 
 
 in due form of law made, and under the great seal of England, and CH. VII. 
 enrolled in this Honorable Court, bearing date the first day of April, 
 in the fourteenth year of his reign ; and by a certain act in the par- 
 liament of the lady Elizabeth, late queen of England, begun- and 
 holden at Westminster, in the county of Middlesex, on the second 
 day of April, in the thirteenth year of her reign ; and which said 
 rights, privileges, and franchises, have at several times been allowed 
 and acknowledged in this Honorable Court. And this defendant 
 saith, that he is rector, or principal of Exeter College, and resident 
 there, and by that means privileged, and therefore ought to be sued 
 in the said Court of the said chancellor, masters, and scholars of the 
 said University of Oxford, holden before the said chancellor, or his 
 vice-chancellor, commissary, official, or. deputy, which said Court is a 
 Court of competent jurisdiction to determine the matters in question 
 in this suit, in which no matter in anywise relating to freehold is at 
 all concerned. Therefore, &c. (^Conclude as in form No. XOV. p. 
 152.) 
 
 PLEAS TO THE PERSON, (a) 
 
 XCVIII. Plea of outlawry, (b) 
 
 (For the title and commencement see forms No. XCIII., XOIV. p. 
 152.) That one A. B., before the said complainant C. D. exhibited 
 
 his said bill, that is to say, in term, in the year of the 
 
 reign of our lord the king that now is, impleaded the said complain- 
 ant, C. D., in his Majesty's Court of Common Pleas at Westmin- 
 ster, in a plea of debt ; and the said complainant, C. D., inasmuch 
 as he did not come into his said Majesty's Court of Common Pleas 
 to answer the said A. B., according to the laws and customs of this 
 
 kingdom, was put in exigent, to be outlawed in the county of , 
 
 and was afterwards on, &c., duly outlawed in the said county of 
 
 , at the suit of the said A. B. As by the writ of capias 
 
 utlagatum, which issued out of his said Majesty's Court of Common 
 Pleas, sealed with the seal of our lord .the king, for sealing writs in 
 the said Court, hereunto annexed, and by the record of the said out- 
 lawry more fully appears ; and which said outlawry, this defendant 
 avers, now remains in full force and effect, and not reversed or 
 annulled : and this defendant also avers, that the said complainant 
 C. D. and the said C. D., so outlawed as aforesaid, is one and the 
 same, and are not different persons. Therefore this defendant hum- 
 bly prays the judgment of this Honorable Court, whether he shall be 
 
 (a) £q. Plead. § 722-735. (6) Ibid. § 722. 
 
156 EQUITY PRECEDENTS. 
 
 CH. VII. compelled to make any further or other answer, to the said bill of 
 complaint, until the said Complainant shall become capable of exhib- 
 iting any sUch bill against this defendant ; and in the mean time this 
 defendant humbly prays to be dismissed, with his reasonable costs 
 and charges in this behalf sustained. 
 
 XCIX. Plea that the plaintiff is excommunicated, (a) 
 
 (For the title and commencement see forms No. XGIIL, XOIV. p. 
 152.) That the said complainant, A. B., was, at and previously to the 
 time of filing his said bill, that is to say, on, &c. and still is, excom- 
 municated, as the letters patent of C. D., the venerable Archdeacon 
 of E., Doctor in Divinity, hereunto annexed, testify in these words : 
 " C. D., Doctor in Divinity, Archdeacon of E., to all rectors, vicars, 
 curates, clerks, &c. (recite the whole of the letters of excommunication, 
 
 veebatim) given under the Archidiaconal seal, on the day 
 
 of , in the year . And this defendant avers that the 
 
 said complainant A. B., and the said A. B. so excommunicated as 
 aforesaid, is one and the same person, and are not different persons. 
 (^Conclude as in the last form.) 
 
 C. Plea that the plaintiff is a popish recusant convict. (6) 
 
 . (For the title and commencement see forms- No. XOIIL, XOIV. p. 
 152.) That the said complainant A. B., before and at the time of 
 filmg his said bill of complaint, and ever since, hath been, and still is 
 a popish recusant ; and before the said bill of complaint was filed, and 
 on the day of , was duly convicted of popish recu- 
 sancy, at the General Quarter Sessions of the Peace of our Lord the 
 
 now King, holden at ; — in and for the, county of , before 
 
 C. D., E. F., and G. H., Esquires, and others their fellows, justices 
 of our said Lord the King, assigned to keep the peace within the 
 said county, and also to hear and determine divers felonies, tres- 
 passes, and other misdemeanors within the said county, which said 
 conviction was duly estreated and certified from the said Court of 
 Sessions, into his Majesty's Court of King's Bench at Westminster ; 
 where the same now remains recorded, and in full force and effect, 
 and not reversed or annulled ; as by the said record, (a true copy 
 whereof is now in this defendant's possession, and ready to be pro- 
 duced to this Honorable Court,) to which this defendant craves leave 
 to refer, will more fully appear. And this defendant avers, that the 
 said A. B., so convicted as aforesaid, and the said complainant, is 
 
 (a) Eq.-Plead. § 722. (6) Ibid. 
 
PLEAS. 157 
 
 one and the same person, and are not different or other persons. CH. VII. 
 Therefore, &c. {Conclude as inform N^o. XCV. p. 152.) 
 
 CI. Plea that the plaintiff is attainted. 
 
 {For the title and commencement- see formes No. XGIIL, XQIV. 
 p. 152.) That the said complainant, before and at the time the said 
 bill was filed, and on or about the day of , at the deliv- 
 ery of the jail of our lord the King, of , holden for the county 
 
 of , before, &c. and others their fellows, justices of our said 
 
 lord the King, assigned to deliver the said jail of , of the 
 
 prisoners therein being, by the name and addition of A. B., late of 
 
 the parish of , in the county of , laborer, according 
 
 to due course of law in that behalf taken, was tried and duly con- 
 victed upon an indictment, for that, &c. ; {state the indictment) and 
 judgment of death was afterwards in due course of law passed upon 
 him, but which said sentence was afterwards commuted by the ex- 
 tension of the royal mercy of oiir said lord the King, to the said 
 A. B., for transportation to parts beyond the seas for fourteen years, 
 which commutation of his said sentence the said A. B. duly accepted 
 and consented to ; and which said judgment and sentence was pro- 
 nounced by a Court of competent jurisdiction, and lawfully empow- 
 ered to try the said offence, as by the record of the said proceedings, 
 (a true copy of which record is now in this defendant's possession, 
 and ready to be produced to this Honorable Court) to which this 
 defendant craves leave to refer, will more fully appear : and which 
 sajd sentence, (subject to such commutation as aforesaid,) still 
 remains in full force and effect, and not reversed or annulled ; nor 
 has the said term of fourteen years (for transportation, during which 
 term the sentence of death passed on the said complainant A. B. was 
 commuted as aforesaid,) hitherto expired. And the said complainant 
 A. B., and the said A. B., so convicted and attainted as- aforesaid, is 
 one and the same, and are not different or other persons. There- 
 fore, &c. {Conclude as inform No. XCVIII. p. lob, from f.) 
 
 CII. Plea that the plaintiff is an alien enemy. 
 
 {For the title and commencement see forms No. XOIIL, XCIV. 
 p. 152.) That the said complainant A. B. is alien, born of foreign 
 parents, and in foreign parts, that is to say, at Calais, in the kingdom 
 of France, and out of the allegiance of our lord the King, and under 
 the allegiance of the said King of France, who is an enemy to our 
 14 
 
158 • EQUITY PRECEDENTS. 
 
 CH. Vn. said lord the King, and to whom the parents of the said complainant 
 adhere ; and the said complainant also before, and at the time of filing 
 his said bill was, and now is, an enemy to our said lord the King, 
 and entered into these dominions without the safe conduct of our said 
 lord the King, and has not been made a subject of our said lord the 
 King by naturalization, denization, or otherwise. Therefore, &c. 
 (^Conclude as inform No. XGV.p. 152.) 
 
 cm. Plea of infancy to a bill exhibited without a prochen amy. 
 
 (For the title and commencement, see forms Wo. XOIIL, XGIV, 
 p. 152.) That the said complainant, before and at the time of filing 
 his said bill, in which he appears as the sole complainant, was, and 
 now is, an infant under the age of twenty-one' yea'rs : that is to say, of 
 
 the age of , or thereabouts. Therefore, &c. ( Conclude as in 
 
 form M. XGV.p. 152.) 
 
 CIV. Plea of coverture of the plaintiff. 
 
 (For the title and commencement see forms No. XOIIL, XOIV. 
 p. 152.) That the said complainant A. B., before and at the time of 
 exhibiting her said bill, was, and now is, under coverture of one C. 
 D., her husband, who is still living, and in every respect capable, 
 if necessary, of instituting any suit at law, or in equity, in this king- 
 dom, on her behalf. Therefore, &c. ( Conclude as in the preceding 
 form.) 
 
 CV. Plea of lunacy. 
 
 (For the title and commencement, see forms No. XOIIL, XOIV. 
 p. 152.) That the said complainant, who by himself alone attempts 
 to sustain an injunction in this suit, before and at the time of filing 
 his said bUl, was duly found and declared to be a lunatic under and 
 by virtue of a commission of lunacy, duly awarded and issued against 
 him, as by the inquisition thereon (a true copy whereof is now in this 
 defendant's possession, and ready to be produced to this Honorable 
 Court,) and to which the defendant craves leave to refer, will more 
 fully appear ; and which said commission has not hitherto been super- 
 seded, and still remains in full force and effect ; and the said A. B., 
 therein named, and the said complainant, A. B. is, as this defendant 
 avers, one and the same person, and are not other and different per- 
 sons. Therefore, &c. (Conclude as in last form.) 
 
PLEAS. 159 
 
 PLEA TO THE PERSON, (a) CH. VII. 
 
 That the Plaintiff is not the Person he pretends to be, or does 
 not sustain the Character he assumes. 
 
 CVI. Plea, that the supposed intestate is living, to a bill where the plaintiff 
 entitled himself as administrator. 
 
 (-For the title and commencement, see forms No. XOllI., XOIV. 
 p. 152.) That A. S., in the said bill named, (to whom the said com- 
 plainant alleges that he has obtained letters of administration, and by 
 virtue of which letters of administration, and also under the pretence 
 of his being the heir-at-law of the said A. S., the said complainant 
 has commenced and prosecuted this suit,) was at the time the said 
 complainant' filed his said bill, and still is, alive at Paris, in the king- 
 dom of France. Therefore this defendant demands the judgment of 
 this Honorable Court, whether he shall be comjpellf d to answer the 
 said complainant's bill ; and humbly prays to be dismissed with his 
 reasonable costs in this behalf sustained. 
 
 PLEA IN BAR. 
 
 That the Plaintiff has no Interest in the Subject, or no Right 
 to institute a Suit concerning it. (b) 
 
 CVn. Plea of bankruptcy of the plaintiff. 
 
 {For the title and commencement, see forms No. XOIII., XOIV. 
 p. 152.) That by the death of A. B., the intestate named in the said 
 bill, the said complainant became entitled, as one of the next of kin of 
 the said intestate, to one fourth part of the clear residue of the said 
 intestate's personal estate, as in the said bill mentioned ; but pre- 
 viously to the said complainant's said bill being filed by him against 
 this defendant as administrator of the said intestate's personal estate 
 and effects, as therein mentioned, and on or about the 1st day of 
 June' 18 — , (the day of the date and issuing of the commission of 
 bankrupt hereinafter mentioned,) the said complainant being a sub- 
 ject of this kingdom, (on, &c.) and for several years previously to 
 the said 1st day of June, was a merchant, and used and exercised 
 
 (a) Eq. Plead. § 722-735. (6) Ibid. § 512-518, 731. 
 
160 EQUITY PRECEDENTS. 
 
 CH. VII. the trade of merchandise, by way of bargaining, exchanging, bar- 
 tering, and chevisance, and sought his trade and living by buying and 
 selling, in the course of which he became and was indebted to 
 L. M., a subject of this kingdom, in the sum of £100 and upwards, 
 of lawful money of Great Britain, for. a true and just debt, due and 
 owing from the said complainant to the said L. M. ; and the said 
 complainant was also indebted to divers other persons in several other 
 large sums of money ; and the said complainant being so indebted as 
 aforesaid, and so using and exercising the trade of merchandise, and 
 seeking his trade and living, and being so entitled to the said one 
 fourth part of the clear residue of the personarl estate and effects of 
 the said intestate, and being so indebted to the said L. M., and divers 
 other persons as aforesaid, he, the said complainant, became a bank- 
 rupt within the true intent and meaning of the several statutes made 
 concerning bankrupts ; and the said complainant, so being and con- 
 tinuing a bankrupt as aforesaid, and the said L. M. and several of 
 his creditors remaining unpaid and unsatisfied, on the said 1st day 
 of June, 18 — , on thfe petition of the said L. M., as well for himself 
 as for all othei* the creditors of the said complainant, made and 
 exhibited in writing according to the form of the statute in such 
 case made and provided, to the Right Hon. John Lord Eldon, Baron 
 Eldon of Eldon in the County of Durham, then and still being Lord 
 High Chancellor of Great Britain, a certain commission of our lord 
 the now King, sealed with the seal of Great Britain, in due manner 
 issued out of this Honorabje Court against the said complainant, 
 directed to S. T., &c., &c., &c. ; by which said commission our lord 
 the King did name, assign, and appoint, constitute and ordain them, 
 the said S. T. &c., &c., &c., his special commissioners, giving full 
 power and authority to the said commissioners, any four or three of 
 them, to proceed according to the statutes in the said commission 
 specified, and all other statutes in force concerning bankrupts, not only 
 concerning the said bankrupt, his body, lands, tenements, freehold 
 and customary, goods, chattels, debts, rights, and interests, and other . 
 things whatsoever, but also concerning all other persons who by 
 concealment, claim, or otherwise, did or should offend touching the 
 premises in the said commission specified, or any part thereof, con- 
 trary to the true intent and meaning of the same statutes ; and to do 
 and execute all and every thing and things whatsoever, as well 
 towards satisfaction and payment of the said creditors of the said 
 complainant, as towards and for all such intents and purposes, 
 according to the ordinances and provisos of the said statutes ; our 
 said lord the King, by the said commissioners, commanding the said 
 S. T., &c., &c., &c., any four or three of them, to proceed to the 
 execution and accomplishment of the said commission, according to 
 
PLEAS. 161 
 
 the true intent and meaning of the said statutes,* with all diligence CH. Yll. 
 and effect as by the said commission, reference being thereunto had, 
 will more fully appear, and which said commission is still in full 
 force and effect ;■ by virtue of which said commission, and' by force 
 of the said several statutes, the said S. T., &c., &c. &c., three of 
 the said commissioners named in the said commission, afterwards, on 
 
 tlie day , which was previously to the filing of the 
 
 said bill, adjudged and declared that? the said complainant, before 
 the date and suing forth of the said commission against him, became 
 and was a bankrupt within the true intent and meaning of the several 
 statutes then in force concerning bankrupts, some or one of them, 
 and adjudged and declared him a bankrupt accordingly ; and that 
 afterwards, and before the said complainant filed his said bill of : com- 
 plaint in this Honorable Court, the said complainant remaining and 
 continuing a bankrupt, the said S. T., &c., &c., three of the commis- 
 sioners named in the said commission, by certain indentures made 
 between S. T., &c. &c., of the one part, N. O. of, &c., and P. Q. of, 
 &c., of the other part, creditors of the said plaintiff of the other part, 
 sealed with the seals of the said S. T., &c., &c., bargained, sold, as- 
 signed, and transferred (among other things) to the said N. 0. and 
 P. Q., all the part, share, and interest of the personal estate and 
 effects of the said intestate A. B., deceased, to which the said com- 
 plainant was so entitled as one of. such next of kin as aforesaid; upon 
 trust, nevertheless, and to and for the use and benefit of the said 
 N. 0. and P. Q. and all other the creditors of the said complainant 
 who had then demanded, or who should afterwards in due time, come 
 in and demand relief under the said commission, and should contribute 
 to the expense thereof; by reason of which said premises, and by 
 force of the statutes in that case made and provided, the said N. O. 
 and P. Q. became, and were and still are, in exclusion of the said 
 complainant, entitled to the said .one fourth part or share of the clear 
 residue of the personal estate and effects of the said intestate, for the 
 payment whereof to him personally and individually, the said com- 
 plainant has filed his said bill. Wherefore this defendant doth aver 
 and plead the several matters aforesaid in bar to the said complainant's 
 said bill, and prays the judgment of this Honorable Court, whether he 
 should be compelled to make any further answer to the said bill ; and 
 prays to be hence dismissed, with his reasonable costs and charges in 
 that behalf most wrongfully sustained. 
 14* 
 
162 EQUITY PRECEDENTS. 
 
 CH. VII. T^at the Defendant has not an Interest in the Subject that can 
 ~~ make him liable to Demands of the Plaintiff, (a.) 
 
 CVIII. Plea that the defendant has no interest in ihe subject of the suit. 
 
 {For the title and commencement, see forms No. XCIIL, XOIV. 
 p. 152.) As to so much of and such parts of the said complainant's 
 bill, as charges that this defendant is interested in the personal estate 
 of A. B., the testator in the said bill named, and seeks an account of 
 the said testator's personal estate ; this defendant pleads thereto, and 
 for plea saith, that he is merely a subscribing witness to said testator's 
 will, and in no wise interested therein ; and this defendant avers 
 that he has not, nor ever had, or pretended to have, nor does he, or 
 did he ever claim any right, title, or interest whatsoever in the per- 
 sonal estate of the said testator, or any part thereof, and that the 
 said complainant has no right to institute this, or any other suit 
 against him in respect thereof. All which said matters and things, 
 this defendant doth aver and plead in bar to so much of the said 
 complainant's bill as hereinbefore particularly mentioned and pleaded 
 to. And this defendant, not waiving his said plea, but relying 
 thereon, and for better supporting the same, for answer to so much 
 of the said bill as aforesaid, saith he denies that he now is, or ever was 
 interested in the personal estate of the said testator, or any part 
 thereof. 
 
 PLEA TO THE PERSON. 
 
 That the Defendant is not the Person he is alleged to be, or does 
 not sustain the Character he is alleged to bear. 
 
 "b"- 
 
 CIX. Plea, that the defendant never was administrator. 
 
 (For the title and commencement see forms No. XOIIL, XGIV. 
 p. 152.) That he is not, nor ever has been, administrator of the goods 
 or chattels, rights or credits, which were of the said E. F., deceased, 
 in the said bill named, as the said complainant in his said bill has 
 untruly alleged. Wherefore, &c. (As in form No. XOV. p. 152.) 
 
 (a) Eq. Plead. § 734. 
 
PLEAS. 163 
 
 PLEAS IN BAR. C!H. VII. 
 
 That for some Reason founded on the Substance of the Case, 
 the Plaintiff is not entitled to Relief. 
 
 1. Matters of Record, or as of Record in a Court of Equity, (a) 
 
 ex. Plea of a decree. 
 
 (For the title and commencement see forms No, XOIIL, XGIV. 
 p. 152.) As to so much and such part of the said complainant's bill as 
 seeks to compel this defendant either to admit assets of his late father, 
 Sir I. M., Bart., deceased, come to his hands, sufficient to answer and 
 satisfy the said complainant's demand in the said bill mentioned ; or to 
 set forth a fuU and' perfect inventory and account of all the personal 
 estate of his, this defendant's said father, come to the hands of this 
 defendant, or to the hands of any other person or persons for his use, 
 with the nature, kind, and value thereof, and of every part thereof, 
 and of all sums of money come to the hands of this defendant, or 
 any other person or persons for his use, for or on account of the real 
 estates of this defendant's said late father, or the rents or profits 
 thereof, (charged with the several legacies in the said testator's will, 
 and in the said bill also- mentioned to be given and bequeathed to and 
 for the younger children of the said testator, in the said will, and in 
 the said bill also respectively named ;) and also to set forth the annual 
 value of such real estates ; or that this defendant may thereout pay 
 to the said complainant the sum of $800 in the said complainant's 
 biU mentioned, with interest for the same', from the time of the said 
 testator's death : this defendant doth plead thereto, and for plea, saith, 
 
 that in Trinity term, in the year , M. M., since deceased, 
 
 together with P. M., deceased, and late the wife of the said complain- 
 ant, and S. M. and H. M. respectively, infants, by the said M. M., 
 their sister and next friend, (and which said M. M., P. M. the said 
 complainant's late wife, S. M. and H. M. were the daughters and 
 younger son of the said testator. Sir I. M., all since deceased,) 
 exhibited their bill of complaint in this Honorable Court, against 
 E. P. and R. T. Esqs. (both since dead,) and this defendant, as the 
 eldest son and heir-at-law of the sg-id testator, Sir I. M., thereby stat^ 
 ing, &c., &c., and praying that the legacies given and bequeathed 
 by the said testator in and by his said will, to the said , complainant 
 M. M., as one of the younger children, might be paid, and the lega- 
 cies or shares of the rest of such younger children, all of whom 
 
 (a) Eq. Plead. § 778-794. 
 
164 EQUITY PRECEDENTS. 
 
 CH. vn. were infants, might be properly secured for their benefit, and a suit- 
 able allowance made thereout for their maintenance and education 
 during their respective minorities ; to which said bill this defendant, 
 who was then an infant, put in his answer by A. B. his guardian, and 
 the said other defendants respectively also put in their answers 
 thereto, and submitted to this Honorable Court, what right and inter- 
 est the said complainant M. M. was entitled to under her said father's 
 
 will ; and the said cause afterwards, and on or about day of 
 
 , came on to be heard, and a decree was then pronounced 
 
 therein, whereby it was referred to C. D. Esq., then one of the Mas- 
 ters of this Honorable Court, to take an account of certain stock 
 which the said testator by his said will had given and bequeathed 
 among and to his children, and the usual accounts of personal estate, 
 funeral and testamentary expenses, and debts of the said testator, 
 and an account of the rents and profits of the said testator's real 
 estates, were thereby directed ; and which said decree was after- 
 wards, and on or about ■ , duly signed and enrolled ; and the 
 
 said Master afterwards, in pursuance of the said decree, took the said 
 
 accounts, and by his report bearing date the day of , 
 
 which was afterwards duly confirmed, stated, &c. (all that was done 
 by the Master ;) and the said share so reported due to the said P. M., 
 since deceased, was afterwards, in pursuance of an order of this 
 Honorable Court, since her marriage with the said complainant in the 
 
 present suit, on or about the day of , duly assigned 
 
 and transferred to, and accepted by him, in full satisfaction and dis- 
 charge of all the right and interest which his said wife, or the said 
 complainant in this suit in her right, or either of them, had, or could 
 have, in pr to the personal estate of the said testator, or any part 
 thereof; all which matters and things this defendant doth aver and 
 plead in bar to so much of the said complainant's bill as hereinbefore 
 particularly mentioned ; and prays the judgment of this Honorable 
 Court, whether he should made any further answer to so much of the 
 said bill as is hereinbefore pleaded to. 
 
 CXI. Plea of a former suit depending, (a) 
 
 (For the title and commencement see form^ No. XGIIL, XOIV. 
 
 p. 152.) That in Trinity term, which was in the year ', the said 
 
 present complainant exhibited his bill of complaint in this Honorable 
 Court against this defendant, and one L. Y., for ' an account of. the 
 moneys raised by the sale of the plantations and other estates in the 
 
 (a) Eq. Plead. 5 735-747. 
 
PLEAS. 165 
 
 said complainant's present 1)111 mentioried, and claiming such shares CH. VII. 
 
 and proportions thereof, and such rights and interests therein, as he 
 
 now claims by his present bill; and praying relief against this 
 defendant in the same manner, and for the same matters, and to the 
 same effect, as the said complainant now prays by his said present 
 bill ; and this defendant and the said L. Y. appeared and put in their 
 answer to the said former bill, and the said complainant replied 
 thereto, and witnesses were examined on both 'sides, and their depo- 
 sitions duly published, and the said former bill and the several pro- 
 ceedings in the said former cause, as this defendant avers, now remain 
 depending, and as of record in this Honorable Court, the said cause 
 being yet undetermined and undismissed ; all which said several mat- 
 ters and things this defendant doth aver, and pleads the said former 
 bill, answer, and the several proceedings in the said former suit, in bar 
 to the said complainant's present bill ; and humbly demands the judg- 
 ment of this Honorable Court, whether he shall be put to make any 
 further or other answer thereto ; and prays to be hence dismissed 
 with his costs and charges in this behalf sustained. 
 
 2. Matters of Record, or as of Record, in some Court, not a 
 Court of Equity, (a) 
 
 CXn. Plea of a fine and non-claim. 
 
 {For the title and commencement see forms J!7o. XCIIL, XOIV. 
 p. 152.) As to so much of the said bill as seeks to compel these 
 defendants respectively to set forth an account of the rents and profits 
 of the messuages, farms, lands, tenements, and hereditaments, in the 
 said bill mentioned, or of any part thereof, late the estate of A. B., the 
 intestate in the said bill named, and of which the said C. B. in the 
 said bill also named, obtained the ^ctual possession, as hereinafter 
 mentioned ; and as to so much of the said bill 'as prays that posses-' 
 sion of such farms, messuages, lands, tenements, and hereditaments 
 may be delivered to the said complainant ; or that any, title-deeds or 
 writings relating thereto, may be delivered to the said complainant ; 
 or that any account may be taken pf any of the rents or profits of 
 the said messuages, farms, lands, tenements, and hereditaments ; or 
 that the said defendant may pay to the said complainant any sum of 
 money on account of such rents and profits ; or that the said com- 
 plainant may have any other relief, touching such farms, lands, tene- 
 ments, and hereditaments ; and as to so much of the said bill as 
 
 (a) Eq. Plead. § 741. 
 
166 EQUITY PRECEDENTS. 
 
 CH. VII. seets to discover in what manner, and by what pedigree the said 
 C. B. was the heir-at-law of the said A. B. ; this defendant pleads in 
 bar, and for plea says, that after the death of the said A. B., which 
 
 happened on the day of , the said C. B. entered upon 
 
 the said messuages, farms, lands, tenements, and hereditaments, 
 hereinafter particularly mentioned, as heir-at-law of the said A. B., 
 and was in the actual possession thereof, and receipt of the rents and 
 profits thereof; and the said C. B. in right of the said complainant, 
 then his wife, but now his widow, was seised, and in the actual pos- 
 session of all and singular the said messuages, lands, tenements, and 
 hereditaments, and being so seised, afterwards in MichEelmas term in 
 
 the year of. the reign of our sovereign lord the now King, a 
 
 certain fine sur conusance, S^c. was duly had and levied in his Majes- 
 ty's Court of Common Bench at Westminster, before , then 
 
 his Majesty's justices of the Bench aforesaid, and other faithful sub- 
 jects of our said lord the King then and there present, between 
 L. M. Esq. plaintiff, and the said C. B., and the said complainant, 
 then his wife, deforciants of all the said messuages, farms, lands, 
 tenements, and hereditaments, by the description of, &c., upon which 
 fine, proclamations were duly made according to the form of the 
 statute in that case made and provided ; and the last proclamation 
 was thereupon duly made, in, &c., as by such fine and the procla- 
 mations thereupon made, remaining of record in the said Court of 
 Common Bench, will more fully appear ; and this defendant avers 
 that the said estates hereinbefore particularly mentioned, and of 
 which such fine was levied by the said C. B., and the said complain- 
 ant, and such proclamation thereupon made as aforesaid, are mes- 
 suages, farms, tenements, and hereditaments, of which the said C. B. 
 died seised in fee simple, and of which this defendant is now seised 
 in fee simple, as the heir-at-law of the said C. B. ; and this defend- 
 ant also avers that the said C. B., in right of the said complainant, 
 his said wife, before levying such fine, and afterwards in his own 
 rigltf, until, and at the time of his death, was, and ever since the 
 death of the said C. B., this defendant, as his heir-at-law, has been, 
 and now is, in the peaceable possession of the said messuages and 
 premises, and every part thereof, without any lawful entry thereon, 
 or on any part thereof, by the said complainant, or any person whom- 
 soever, and without any suit in law or equity touching or concerning 
 the same messuages and premises, or any of them, or any part there- 
 of, prosecuted by the said complainant, or any other person, within 
 five years after the proclamation so last made as aforesaid, or at any 
 time since, until the. filing of the said complainant's bill. And this 
 defendant likewise avers that the said complainant's right to the said 
 messuages and premises, existed previously to the time such fine was 
 
PLEAS. 167 
 
 levied, and that on the levying thereof the said complainant was duly CH. VII. 
 examined, separately and apart from the said C. B., her late husband, '■ 
 and freely and voluntarily consented thereto ; and that upwards of 
 five years have elapsed since the death of the said C. B., which took 
 
 place on the day of ; and that since the death of the 
 
 said C. B. the said complainant has not been under any legal disa- 
 bility whatsoever ; * all which said several matters and things this 
 defendant pleads in bar to so much of the said complainant's, bill as 
 aforesaid, and prays judgment, &c. (As in form No. XOV. p. 152.) 
 
 CXni. Plea of a recovery. 
 
 {For the title and commencement see forms No. XGIIL, XGIV. 
 p. 152.) That A. B. in the said bill named, under and by virtue of the 
 indentures of lease and release, and settlement, bearing date respec- 
 tively tte and days of , in the said bill in part 
 
 stated and set forth, upon the death of C. B. in the said bill also named, 
 at the time therein mentioned, became and was seised or entitled as 
 tenant in tail male, or in tail general in possession, of or to the 
 manors, &c. comprised in the said settlement, and in and previously 
 
 to the month of in the year , was in the possession, 
 
 and in receipt of the rents and profits thereof; and being so seised 
 and possessed of the said manors, &c. he the said A. B., by a certain 
 
 indenture of bargain and sale, bearing date the of , 
 
 and made between the said A. B. of the first part, C. D. of the sec- 
 ond part, E. F. of the third part, which last mentioned indenture 
 was duly executed by the said A. B., on the day of the date thereof, 
 and was within six months then next following, (that is to say, on 
 
 the day of in due manner enrolled in this Honorable 
 
 Court, according to the form of the statute in that case made and 
 provided,) for the considerations therein mentioned, and particularly 
 for barring his estate tail of, in, and to the said manors, &c., did 
 grant, bargain, sell, and confirm unto the said C. D. and his heirs, 
 all that, &c. (setting forth the property particularly,) to hold the 
 same unto and to the use of the said C. D., his heirs and assigns for- 
 ever, to the intent and purpose that the said C. D. might become 
 perfect tenant of the freehold of the said manors, &c. with the 
 appurtenances ; and it was thereby agreed, that the said E. F. should 
 
 before the end of that present term, or of some subsequent 
 
 term, sue forth a writ of entry against the said C. D., (m order to have 
 a recovery sufl^ered of the said manors, &c.,) sur disseisin en le post ; 
 and that the said recovery when" suffered, should be and enure to the 
 use of the said A. B. and his assigns, for and during the term of his 
 
168 ' EQUITY PRECEDENTS. 
 
 CH. VII. natural life, and the remainder thereof to the use of the defendant, 
 
 " his heirs and assigns forever ; and that afterwards, in or about 
 
 term then next ensuing, a writ of entry sur disseisin en le post was 
 sued out, and a common recovery in due form of law suffered of the 
 said manors, &c. with the appurtenances, in pursuance of the said 
 last mentioned indenture ; in which said recovery the said E. F. was 
 demandant, against the said C. D., the tenant, and the said C. D. 
 vouched to warranty the said A. B., who appeared and vouched to : 
 
 warranty —, the common vouchee, and a writ of seisin was 
 
 thereupon awarded to the said E. F., and the sheriff of the said 
 county of , wherein the said manors, &c. are situate as afore- 
 said, returned the same writ executed, as by the record and proceed- 
 ings thereof now remaining in his Majesty's Court of Common Pleas 
 at Westminster, more fully appears ; and by virtue of the said last 
 mentioned indenture, and the said recovery so suffered in pursuance 
 thereof as aforesaid, the said estate tail of the said A. B. of and in 
 the said manors, &c. and all remainders expectant thereon,*became 
 absolutely barred and destroyed, and the said A. B. became and was 
 seised of and entitled to the said manors, &c. during his life ; and 
 
 after his death, which took place on the day of , the 
 
 same became and now are absolutely vested in this defendant, accord- 
 ing to the uses thereof declared in and by the said hereinbefore last 
 in part stated indenture ; and this defendant now is, and ever since 
 the death of the said A. B'. has been, in the possession and enjoyment 
 and receipt of the rents and profits thereof. ( Conclude as in the last 
 form, from the asterisk.) 
 
 CXIV. Plea of verdict and judgment, (a) 
 
 {For the title and commencement see forms No. XGIIL, XOIV. 
 p. 152.) That by a statute made in the parliament holden at "West- 
 minster, the morrow after the feast of St. Michael, in the fourth year 
 of the reign of his late majesty King Henry IV., it is ordained and 
 established, that after judgment given in the Courts of our sovereign 
 lord the King, as well in pleas real as in pleas personal, the parties and 
 their heirs shall be thereof in peace until the judgment be undone by 
 attaint or error ; and this defendant saith, that before the said com- 
 plainant exhibited his said bill of complaint in this Honorable Court 
 against this defendant, to be relieved against the action at law therein 
 mentioned to have been brought by this defendant against the said 
 complainant, for fees due to this defendant for managing several law 
 
 fa) Eq. Plead. ^ 780-784. 
 
PLEAS. 169 
 
 suits for the said complainant, and for moneys laid out and expended CH. VII. 
 by this defendant in the same, and to bring this defendant to an 
 
 account, that is to say, in term in the year , he, this 
 
 defendant, duly brought an action in his Majesty's Court of King's 
 Bench at Westminster, for the recovery of his said fees and money 
 expended by and due to him from the said complainant as aforesaid, 
 
 and obtained a verdict for the sum of $ , the amount thereof, 
 
 and hath judgment on such verdict, and which said judgment, this 
 defendant avers, was obtained before the said complainant's bill was 
 filed, and was for the same fees due to this defendant, and money 
 expended by him as therein mentioned and complained of, and which 
 said judgment still remains in full force, and is not undone by attaint 
 or error. Therefore, &c. ( Conclude as in the last form.) 
 
 3. Pleas in bar of Matter in Pais, (a) 
 
 CXV. Plea of a stated account, (b) 
 
 (For the title and commencement, see forms iVb. XCIII., XGIV. 
 p. 152.) As to so much and such part of the said complainant's bill 
 as seeks an account of and concerning the dealings and transactions 
 therein alleged to have taken place between the said complainant and 
 
 this defendant, at any time before the day of in the 
 
 year , this defendant for plea thereto saith, that on the said 
 
 day of , which was previously to the said bill of com- 
 plainant being filed, the said complainant and this defendant did make 
 up, state, and settle an account in writing, a counterpart whereof was 
 then delivered to the said complainant, of all sums of money which 
 this defendant had before that time, by the order and direction, and 
 for the use of the said complainant received, and of all matters and 
 
 things thereunto relating, or at any time before the said day 
 
 of , being or depending between the said complainant and this 
 
 defendant, (and in respect whereof the said complainant's bill of com- 
 plaint has been since filed ;) and the said complainant, after a strict 
 examination of the said account, and every item and particular thereof, 
 which this defendant avers according to the best of his knowledge and 
 belief to be true and just, did approve and allow the same, and actually 
 
 received from this defendant the sum of $ , the balance of the 
 
 said account, which by the said account appeared to be justly due to 
 him from this defendant ; and the said complainant thereupon, and on 
 
 (a) Eq. Plead. § 794-816. (6) Ibid. § 798-802. 
 
 15 
 
170 EQUITY PRECEDENTS. 
 
 CH. VII. the day of , gave to this defendant a receipt, or acquit- 
 
 tance for the same, under his hand, in full of all demands, and which 
 said receipt or acquittance is in the words and figures following (that 
 is to say,) \here state the receipt verbatim,} as hy the said receipt or ac- 
 quittance, now in the possession of this defendant, and ready to be 
 produced to this Honorable Court, will appear. Therefore, &c. ( Con- 
 clude as in form No. XGV. p. 152.) 
 
 CX VI. Plea of an award, (a) 
 
 (For the title and commencement see forms No. XCIIL, XOIV. 
 p. 152.) That divers disputes, controversies, and differences having 
 arisen, and being depending, between the said complainant and this 
 defendant concerning an agreement for the purchase by this defendant, 
 from the said complainant, of the lease, goodwill, and fixtures of a cer- 
 tain house and premises, used as a baker's shop, in Gray's Inn Lane, 
 in the County of Middlesex ; for the settling and adjusting such vari- 
 ances and controversies, the said complainant and this defendant, by 
 two several bonds or writings obligatory, bearing date respectively 
 
 the day of , became reciprocally bound to each other 
 
 in the penal sum of $ , to be paid to each other, with conditions 
 
 to the said writings obligatory annexed to make void the same, if the 
 said complainant and this defendant, their respective executors, admin- 
 istrators, and assigns, should obey and perform the award, arbitrament, 
 judgment, final end and determination of I. S., an arbitrator indiffer- 
 ently chosen between the said parties, concerning the said disputes, 
 controversies and differences, in respect of the said agreement for the 
 purchase of the lease, goodwill and fixtures, of the premises aforesaid, 
 so as the said award, under the hand of the said arbitrator, should be 
 made and set down in writing under his hand, ready to be delivered 
 
 to the parties in difference on or before the day of 
 
 then next, but now long since past ; and the said I. S. having taken 
 upon himself the burden of the said award, and having deliberately 
 and at large heard, read,' and duly and maturely weighed and consid- 
 ered all and singular the allegations, vouchers, proofs, and evidences, 
 brought and produced before him, by and on the part and behalf of 
 the said complainant and this defendant, touching the said matters in 
 dispute and difference between them, and referred to him as aforesaid, 
 did, within the time limited for that purpose by the said bonds, (that 
 is to say) on the day of , duly make his award in writ- 
 ing under his hand and seal, of and concerning the matters aforesaid, 
 
 (a) Eq. Plead. § 808. 
 
PLEAS. 171 
 
 (one part whereof was delivered to this defendant,) and did thereby CH. VII. 
 award and find that the aforesaid agreement between the defendant 
 and the said complainant, relative to the aforesaid lease, goodwill, 
 and fixtures, was not binding upon them, and the said arbitrator 
 did therefore declare the same void accordingly ; and the said arbi- 
 trator did thereby award and declare, that the said complainant had 
 no claim or demand whatsoever against this defendant, in respect 
 or on account of the said agreement, as by the said award, refer- 
 ence being thereunto had, will more fully appear ; and this defendant 
 avers, that the said award hath hitherto remained and still is unim- 
 peached, and in full force and effect ; and that the same was made 
 previously to the said complainant's bill being filed in this Honor- 
 able Court, for the specific performance of the said agreement so 
 declared void by the said award as' aforesaid. Therefore, &c. ( Go7i- 
 clude as in the last form.) 
 
 CXVII. Plea of a release, (a) 
 
 (For the title and commencement see forms No. XCIIL, XOIV. 
 p. 152.) As to so much and such part of the said complainant's bill 
 as seeks an account of the several dealings and transactions between 
 the said complainant and this defendant, previously and up to the 
 
 day of , and prays that the balance, if any, which shall 
 
 be found due, upon taking such account, from this defendant, may 
 be paid by him to the said complainant ; this defendant doth plead 
 thereto, and for plea saith, that previously to the said complainant's 
 
 bill being filed, that is to say, on the said day of , the 
 
 said complainant, in consideration of the sum of $ , then paid 
 
 to him by this defendant, by a. certain writing of release under his 
 hand, and sealed with his seal, ready to be produced to this Honorable 
 Court, did for himselfj his executors, and administrators, remise, re- 
 lease, and forever quitclaim unto this defendant, his heirs, executors, 
 and administrators (among other things) the several matters and 
 things in the said complainant's bill mentioned and complained of, 
 (an account whereof is thereby sought against this defendant as afore- 
 said,) and all suits and demands whatsoever, both at law and in equity, 
 which the said complainant then had, or might thereafter have in re- 
 spect of the several dealings and transactions, matters and things, in 
 the said bill mentioned, or any of them ; and this defendant avers, 
 that the said release was freely, fairly, and voluntarily given and exe- 
 cuted by the said complainant, on the day the same bears date ; and 
 
 (a) Eq. Plead. § 794-798. 
 
172 EQUITY PRBCEDHNTS. 
 
 CH. VII. that the said complainant well knew the nature and eifect thereof pre- 
 
 viously to giving and executing the same ; and that the sum of $ , 
 
 so paid by this defendant to the said complainant as aforesaid, was a 
 full and fair equivalent for any demand which the said complainant 
 could or might have against this defendant in respect of the several, 
 matters therein, and in the said bill also mentioned, or any of them. 
 Therefore this defendant pleads the said release in bar to so much of the 
 said complainant's bill as is hereinbefore particularly mentioned, and 
 humbly prays the judgment of this Honorable Court, whether he ought 
 to be compelled to make any further answer to so much of the said bill 
 as is before pleaded unto ; and this defendant not waiving his said plea, 
 but insisting thereon for answer to the residue of the said bill, and in 
 support of his said plea saith, he denies that the said release was unduly 
 obtained by this defendant from the said complainant, or that the said 
 complainant was ignorant of the nature and effect of such release, or 
 that the consideration paid by this defendant to induce the said com- 
 plainant to execute the same, was at all inadequate to the just claims 
 and demands of the said complainant against this defendant, in respect 
 of the several dealings and transactions in the said bill mentioned, or 
 any of them ; and this defendant, denies, &c. 
 
 CXVni. Plea of a will. 
 
 (^For the title and commencement see forms No. XGIIL, XCIV. 
 p. 152.) As to so much and such part of the said complainant's bill 
 as seeks [that a receiver may he forthwith appointed to receive the 
 rents and profits of the real estates, late of James Thompson, deceased, 
 in the said hill named, and now in the possession of this defendant,^ 
 and that this defendant may account with the said complainant for the 
 rents and profits thereof, and that this defendant may be restrained 
 by the order and injunction of this Honorable Court from felling, &c. 
 timber, &c. growing thereon, or which seeks to set aside the will of 
 the said J. Thompson, or which seeks any relief relative thereto ; 
 this defendant doth plead thereto, and for plea saith, that the said 
 James Thompson being before and at the time of making his will, 
 seised to him and his heirs, of and in divers manors, &c. in the 
 several counties of, &c., of the yearly value of $1100 or there- 
 abouts, and being of sound mind, memory, and understanding, duly 
 made and published his last will and testament in writing, bearing 
 date the 10th of February, 1742, which was executed by him in 
 the presence of, and attested by, John Overstow, John Hailes, and 
 Richard Stacy, and thereby gave, &c. {setting forth the will, under 
 which the defendant had an estate for life in the testator's real estate. 
 
PLEAS. 173 
 
 with remainder to the defendanfs sons in tail male, and that the tes- CH. VII. 
 tator appointed the defendant executor of his said will) ; and the said 
 James Thompson being so seised or entitled as aforesaid, died on the 
 28th of May last, without having altered or revoked his said will ; 
 and this defendant, soon after the death of the said testator, entered 
 on the said real estates devised to him in manner aforesaid, and has 
 ever since been in the enjoyment or receipt of the rents and profits 
 thereof. Therefore, &c. {Conclude as in form No. XGV.p. 152.) 
 
 CXIX. Circumstances bringing a case within the protection of a statute, 
 namely, the statute of limitation, (a) 
 
 (For the title and commencement see forms- No. XOIIL, XOIV. 
 ■p. 152.) As to so much of the said bill as seeks an account and dis- 
 covery of the estate and effects of H. C. Esq., deceased, this defend- 
 ant's testator, or that seeks a satisfaction for, or in respect of any 
 money received by the said H. C, for or on account of I. G., in the 
 said bill named, or for or on account of the said complainant ; or that 
 seeks a discovery of how many hogsheads of tobacco or rice, or any 
 other commodities pretended to have been consigned to the said H. C, 
 or that seeks a satisfaction for the same ; or that seeks a discoveiy or 
 satisfaction for any of the money, goods, or effects, of the said I. G., 
 come to the hands of this defendant, since the decease of the said H. 
 C. ; this defendant pleads thereto, and for plea saith, that the said I. 
 G., under whom this defendant claims, departed this life in or about 
 
 the year , and that the said H. C, this defendant's testator, 
 
 afterwards also departed this life, in the month of in the year 
 
 , and that the matters and effects pretended to have been 
 
 received by the said H. C, or by this defendant, and the goods and 
 commodities pretended to have been consigned, (if any sums of 
 money, goods, or effects, were received by tlie said H. C, or by this 
 defendant, which this defendant doth not admit,) were received by the 
 said H. C, or by this defendant, above six years before this defend- 
 ant was served with any process of this Honorable Court, to answer 
 the said bill, or any process whatsoever was sued against this defend- 
 ant to account for the same ; and that if the said complainant had any 
 cause of action or suit against this defendant, or against the said H. 
 C, for or concerning any of the said matters, which this defendant 
 doth not admit, that such cause of action or suit did not accrue or 
 arise within six years before the said bill was filed, or this defendant 
 served with process ; nor did this defendant, or his said testator, at 
 
 (a) Eq. Plead. S 749-759 o. 
 15* 
 
174 EQUITY PEBCEDBNTS. 
 
 CH. VII. any time within six years before the said bill was exhibited, or proc- 
 ess sued out against this defendant, promise or agree to come to any 
 account, or to make satisfaction, or to pay any sum or sums of money, 
 for or by reason of any of the said matters ; and that by a certain 
 Act of Parliament, made in the twenty-first year of the reign of King 
 James I., for the limitations of actions and suits at law, it was enacted, 
 &c. (stat^ the act;) and this defendant pleads the several matters 
 aforesaid in bar to so much of the complainant's said demand, as afore- 
 said, and prays the judgment of this Honorable Court thereon : and 
 this defendant for answer, &c. 
 
 That supposing the Plaintiff entitled to the Assistance of the 
 Court to assert a Right, the Defendant is equally entitled to 
 the Protection of the Court to defend his Possession. 
 
 CXX. Plea of purchase for a valuable consideration, without notice, (a) 
 
 (^For the title and commencement see forms No. XOIIL, XOIV. 
 p. 152.) As to so much of the said bill as seeks an account of what 
 is due and owing to the said complainant, in respect of the annuity 
 of $50 therein mentioned, and stated to be charged upon, and issuing 
 out of the hereditaments and premises therein and hereinafter men- 
 tioned, this defendant doth plead thereto, and for plea saith, that 
 A. B. previously to and on the day of , was, or pre- 
 tended to be seised in fee simple, and was in, or pretended to be in 
 the actual possession, of all those manors, in the said bill particu- 
 larly mentioned and described, free from all incumbrances whatso- 
 ever ; and this defendant, believing that the said A. B. was so seised 
 and entitled, and that the said hereditaments and premises were in 
 
 fact free from all incumbrances, on the day of , 
 
 agreed with the said A. B. for the absolute purchase of the fee sim- 
 ple and inheritance thereof; whereupon certain indentures of lease 
 and release bearing date respectively on, &c., between the said 
 A. B. of the one part, and this defendant of the other part, were duly 
 made and executed ; and by the said indenture of release, the said 
 
 A. B., in consideration of the sum of $ , paid to him by this 
 
 defendant, granted, bargained, sold, released, and confirmed unto 
 this defendant, all, &c., {set out the parcels verbatim from the deed,) 
 to hold unto, and to the use of this defendant, his heirs and assigns, 
 forever ; and in the said indenture of release is contained a covenant 
 from the said A. B. with this defendant, that he the said A. B. was 
 
 Co) Eq. Plead. § 804-812. 
 
PLEAS. 175 
 
 absolutely seised ,of the said hereditaments and premises, and that CH. Vli. 
 the same and each of them and every part thereof were and was free 
 from all incumbrances ; as by the said indentures of lease and release 
 respectively, reference being thereunto had, will more fully appear ; 
 and this defendant doth aver, that the said sum of $ , the con- 
 sideration money in the said indenture of release mentioned, was 
 actually paid by this defendant to the said A. B., at the time the said 
 indenture of release bears date ; and this defendant doth also aver, 
 that at or before the respective times of the execution of the said 
 indentures of lease and release, by the said A. B. and this defendant, 
 and of the payment of the said purchase-money, he, this defendant, 
 had no notice whatsoever of the said annuity of $50, now claimed by 
 the said complainant, or of any other incumbrance whatsoever, that in 
 any wise affected the said hereditaments and premises, so purchased 
 by this defendant as aforesaid, or any of them or any part thereof; 
 and this defendant insists that he is a bond jide purchaser of the said 
 hereditaments and premises for a good and valuable consideration, 
 and without any notice of the said annuity claimed by the complain- 
 ant ; all which matters and things this defendant doth aver and plead 
 in bar to so much of the said complainant's bill as is hereinbefore 
 particularly mentioned ; and prays the judgment of this Honorable 
 Court, whether he should make any further answer to so much of 
 the said biU as is hereinbefore pleaded to ; and this defendant, not 
 waiving his said plea, but relying thereon, and for better supporting 
 the same, for answer saith, that he had not at any time before, or at 
 the time of purchasing the said hereditaments and premises, or since, 
 until the said complainant's biU was filed, any notice whatsoever, 
 either expressed or implied, of the said annuity of $50, claimed by 
 the said complainant, or that the same or any other incumbrance 
 whatsoever was charged upon or in anywise affected the said here- 
 ditaments and premises so purchased as aforesaid, or any of them, or 
 any part thereof; and this defendant denies, &c. 
 
 That the Bill is deficient to answer the Purposes of complete 
 
 Justice, 
 
 CXXI. Plea of want of proper parties, (a) 
 
 (For the title and commencement see forms No. XOIIL, XOIV. p. 
 152.) As to so much of the said complainant's bill as seeks an 
 account from this defendant, as executor and heir-at-law of H. E. 
 Esq., deceased, in the said bill named, this defendant's late brother. 
 
 (a) Eq. Plead. ^ lib. 
 
176 EQUITY PRECEDENTS. 
 
 CH. VII. for what remains due and owing upon the bond in the said bill men- 
 
 tioned, bearing date the day of , in the year ■ , 
 
 and payment by this defendant as such executor and heir-at-law of 
 the said H. E., deceased as aforesaid, of what shall be found due on 
 taking such account ; this defendant doth plead thereto, and for plea 
 saith, that no part of the sum of $2000, for securing the repayment 
 whereof the said bond was executed, was paid to, or received by the 
 said H. E., but that the whole was paid unto A. W., in the said bond 
 and in the said bill also named, and received by him for his sole use, 
 and that the said H. E. was only a surety for the said A. W., and 
 that the said complainant afterwards accepted a composition for what 
 he alleged to be due on the said bond, from the said A. W., without 
 the privity of the said H. E. in his lifetime, or this defendant since 
 
 the death of the said H. E., which took place on or about the 
 
 day of , as in the said bill mentioned, since which no demand 
 
 has been made on this defendant, for any money alleged to be due 
 on the said bond ; and that the said A. W. died several years ago, 
 seised of considerable real estates, and also possessed of a large per- 
 sonal estate ; and that his heir-at-law, or the devisee of his real estate, 
 and also the representative of his personal estate, ought to be, but are 
 not, made parties to the said bill. Therefore, &c. ( Conclude as in 
 form No. XOV. p. 152.) 
 
 PLEAS TO DISCOVERT ONLY. 
 
 That the Plaintiff ^s Case is not such as entitles a Cowrt of 
 Equity to assume Jurisdiction to compel a Discovery in his 
 favor, (a) 
 
 CXXII. Plea to the jurisdiction, where a discovery is sought in aid of 
 another Court of competent jurisdiction. 
 
 (For the title and commencement see forms No. XOIIL, XOIV. p. 
 152.) As to so much and such part of the said complainant's bill, filed 
 by him as rector of A., in the county of Y., as seeks a discovery from 
 this defendant as rector of B. in the same county, of all tithes both 
 great and small which have arisen and been received by this defendant 
 during the last six years, from the open field called D. in the hamlet 
 of F., within the said parish of B., in the said bill particularly men- 
 tioned and described ; this defendant doth plead thereto, and for plea 
 saith, that long before the said complainant's said bill was filed in this 
 Honorable Court, and on or about the day of , the said 
 
 (a) Eq. Plead. § 816-826. 
 
PLEAS. 177 
 
 complainant commenced a suit, in the Exchequer Court of the Arch- CH. VII. 
 bishop of York, against this defendant, in respect of the said tithes, 
 and that such suit is still depending in the said Court, which, as this 
 defendant avers, is a Court of competent jurisdiction to afford the 
 discovery which the said complainant seeks by his said bill. There- 
 fore this defendant avers, and pleads the same to the said complain- 
 ant's bill, and prays the judgment of this Honorable Court, whether it 
 will hold plea upon, and enforce this defendant to answer the said 
 complainant's said bill for the cause aforesaid. 
 
 That the Plaintiff has no interest in the Subject, or no such in- 
 terest as entitles him to call on the Defendant for a Discovery. 
 
 That the Defendant has no interest in the Subject to entitle the 
 Plaintiff to institute a Suit against him, even for the purpose 
 of Discovery only. 
 
 That the Situation of the Defendant renders it improper for a 
 Court of Equity to compel a Discovery. 
 
 CXXUI. Plea that the discovery will subject the defendant to pains and 
 
 penalties, (a) 
 
 (For the title and commencement see forms No. XCIII., XGIV. p. 
 152.) As to so much and such part of the said complainant's said 
 bill, as charges that F. B., the testator in the said bill named, was for 
 a year and upwards before the birth of I. B. (in the said bill also 
 named, and therein mentioned to have been the said complainant's 
 late husband,) lawfully married to this defendant A. E., and had 
 issue by her, the said I. B. &c., in the said bill named ; and as 
 charges, or alleges the said I. B. to have been the son of this defend- 
 ant A. E. ; and as seeks to compel this defendant to set forth and 
 discover whether she was ever, and when, lawfully married to the 
 said testator F. B., and on what day in particular, and in what month 
 and year, and where, and in whose presence such supposed marriage 
 was had and solemnized ; and whether this defendant had not issue 
 by the said testator F. B. ; this defendant doth plead thereto, and for 
 plea saith, that many years ago, and long before the time when the 
 said complainant's bill supposes the said F. B. the testator to have 
 been married to this defendant, and before he had been ever married 
 to any woman whomsoever, other than M. E. hereinafter named, that 
 is to say, in or about the month of Oct. 1708, the said testator F. B., 
 did lawfully marry and take to wife M. E., spinster, who was, whilst 
 
 (a)Eq. Plead..§ 824. 
 
178 EQUITY PRECEDENTS. 
 
 CH. VII. living, this defendant's lawful sister of the whole blood ; and that the 
 
 said F. B., and the said M. E., were lawfully married according to 
 
 the rites and ceremonies of the Church of England; and that the 
 said F. B. and the said M. E. lived, and cohabited together as man 
 and wife, and were so esteemed from their said time of intermarriage, 
 until the said M.'s death, which happened in or about the month of 
 March, 1711 ; and the said testator F. B. had issue by the said M. 
 his wife, two sons and one daughter, all born in lawful wedlock, who 
 all died in the lifetime of the said M., their mother, this defendant's 
 said sister ; and therefore this defendant is advised and insists, that 
 supposing the said F. B. had a long time after the death of the said 
 M., his wife, intermarried with this defendant, such marriage, (if any 
 such had ever been had,) was, and would have been incestuous, 
 and such an offence in this defendant, as might at any time after the 
 said marriage have subjected, and might now subject her, this defend- 
 ant, to ecclesiastical censure, and to corporal pains and penalties, 
 to be inflicted by and in the Spiritual Court, and to do a public pen- 
 ance for such crime ; and that this defendant's answer to the said 
 complainant's bill, in case she should thereby admit herself to have 
 been married to the said F. B. after the death of the said M. his wife, 
 this defendant's said sister, might be received and read in evidence 
 against her, this defendant in the Ecclesiastical Court, in any suit or 
 prosecution to be there commenced against her, this defendant, for 
 such offence and incestuous marriage. Wherefore* this defendant 
 doth plead the several matters aforesaid, in bar to such discovery as 
 aforesaid as is sought by the said bill, and humbly prays the judg- 
 ment of this Honorable Court, whether she is bound to make any fur- 
 ther or other answer thereto. 
 
 CXXIV. Plea that the discovery sought by the bill would betray the confi- 
 dence reposed in the defendant as an attorney, (a) 
 
 (For the title and commencement, see forms No. XGIIL, XOIV. p. 
 152.) As to so much and such part of the said bill as seeks a discov- 
 ery from this defendant of the title of W. W. Esq., another defendant 
 in the said bill named, to all or any of the manors, messuages, lands, 
 tenements, or hereditaments, late of C. W. Esq. his late grandfather, 
 deceased, in the said bill also named ; this defendant doth plead 
 thereto, and for plea saith, that he this defendant is duly admitted and 
 sworn an attorney of the Court of Great Sessions for the several coun- 
 ties of Denbigh, Flint, and Montgomery, in Wales, and also a solic- 
 itor of this Honorable Court, and has for several years past practised, 
 and now practises, as such ; and this defendant was employed by C. 
 
 (a) Eq. Plead. ^ 825. 
 
PLEAS. 179 
 
 W. Esq., deceased, the late father of the said other defendant, W. W., CH. vn. 
 in the lifetime of the said C. W., and since his decease hath also been '■ 
 employed in that capacity by the said other defendant, J. W., the 
 mother and guardian of the said W. W., during his minority ; and by 
 the said W. W., since he attained his age of twenty-one years ; and 
 in that capacity only, or by means of such employment only, hath 
 had the inspection and perusal of any of the title deeds of and belong- 
 ing to the said estate, or any part or parts thereof, for the use and 
 service of his said clients, and therefore ought not, as this defendant 
 is advised, to be compelled to discover the same. Wherefore, &c. 
 (As in the last form from the asterisk.) 
 
 PLEAS TO BILLS NOT ORIGINAL, (a) 
 
 CXXV. Plea to a bill of revivor. (&) 
 
 (For the title and commencement see forms No. XCIIL, XGIV, 
 p. 152.) That the said complainant is not, as stated in the said bill 
 of revivor, the personal representative of A. B. deceased, the testator 
 therein named, and as such entitled to revive the said suit in the said 
 biU of revivor mentioned, against this defendant ; but the said com- 
 plainant is the administrator only of C. D., late of, &c. deceased, 
 
 who died intestate on the day of last, and was the 
 
 sole executor of the said A. B. ; and that letters of administration of 
 the personal estate and effects of the said A. B., unadministered by 
 the said C. D. in his lifetime, have, since the death of the said C. D., 
 been duly granted by the prerogative Court of the Archbishop of 
 Canterbury, to E. F. of, &c., who thereby became, and now is, the 
 legal personal representative of the said A. B. Wherefore, &c. 
 (Conclude as inform No. XOV. p. 152.) 
 
 CXXVI. Plea to a supplemental bill, (c) 
 
 (For the title and commencement see forms No. XOIIL, XGIV, 
 p. 152.) That the several matters and things in the said complain- 
 ant's present bill stated and set forth by way of supplement, arose, 
 and were well known to the said complainant, before and a,t the time 
 the said complainant filed his original bill in this cause ; and that 
 such said several matters and things can now be introduced, and 
 ought so to be, if necessary, by amending the said original biU. 
 Wherefore, &c. (As inform No. XOV. p. 152.) 
 
 (a) Eq. Plead. § 826-836. (6) Ibid. § 829. (c) Ibid. § 827. 
 
(180) 
 
 CHAPTER VIII. 
 
 DISCLAIMERS, (o) 
 
 A Disclaimer, (p) 
 
 CH. vni. CXXVII. The disclaimer of A. B., the defendant, to the bill of com- 
 plaint of C. D., complainant. 
 
 This defendant, saving, &c. [here follow the words of course which 
 precede an answer'] saith, that he doth not know, that he, this de- 
 fendant, to his knowledge and belief, ever had, nor did he claim, or 
 pretend to have, nor doth he now claim, any right, title, or interest of, 
 in, or to the estates and premises situate, &c. in the said complainant's 
 bill mentioned, and every part thereof. [Sere follow the words of 
 course, which conclude an answer.^ 
 
 THE ANSVS^EE AND DISCLAIMER OF, &C. 
 
 CXXVIII. Answer and disclaimer. 
 
 (For the title and commencement see form CXXVII. p. 180.) Saith 
 that he, this defendant, on behalf of E. F., one of the other defend- 
 ants, in the said bill named, did, about fifteen years ago, contract 
 and agree with G. H., for the purchase of the messuage or tenement, 
 &c. now in question, and in possession of L. M., in the said bill also 
 named, and another defendant thereto, which said messuage, &c. at 
 
 that time was, and for above years before, had been in the 
 
 possession of the said G. H. and I. K. in the said bill also named, or 
 one of them, and for the purchase whereof this defendant, on behalf 
 of the said defendant E. F., agreed to give and accordingly did give 
 
 pay to the said G. H. the sum of $ , which was the full and 
 
 real value thereof; and in consideration thereof, the said G. H. 
 and N. his wife, by deed indented, and by fine with proclamations 
 by them levied, in his said Majesty's Court of Common Pleas at 
 Westminster, in term, which was in the year of the 
 
 (o) Eq. Plead. Chap. XVII. (6) Ibid. § 844. 
 
DISCLAIMERS. 181 
 
 reign of, &c. duly conveyed the said messuage, &c. to the said E. F., CII. VIII. 
 who thereupon, and under and by virtue of such conveyance, as this 
 defendant has heard and believes, entered on, and became seised of 
 the said messuage, &c., and continued so seised thereof, without any 
 entry or claim made by the said complainant, or any other person or 
 
 persons, until in the year , when the said E. F. as this 
 
 defendant hath heard and believes, by good and sufficient convey- 
 ances in the law, and in consideration of the sum of £ , hond fide 
 
 paid, sold, and conveyed the said messuage, &c., to the said defend- 
 ant L. M. and his heirs, who thereupon entered thereon, and was 
 and yet is seised and possessed of the same : and this defendant 
 further answering saith, he does not know nor can he set forth as to 
 his belief or otherwise, whether E. S. in the said bill named, was ever 
 seised of the said premises, or any part thereof : and this defendant 
 further answering saith, he has been advised and believes that the said 
 G. H. and N. his wife, had good right and title to sell and convey the 
 said premises so purchased by this defendant, on behalf of the said E. F. 
 as aforesaid : and this defendant further answering saith, he denies 
 that he ever had any notice of any right or title, the said complainant 
 or any other person, save as aforesaid, had or might or could claim, of, 
 in, or to the said messuage, &c. or any part thereof : and this defend- 
 ant saith, that he never had or claimed, or pretended to have, nor has 
 he now, nor does he claim, or pretend to have, any right, title, or 
 interest, of, in, or to the said premises, or any part thereof; and this 
 defendant disclaims all right and title, of, in, or to the same, and QYQry 
 part thereof. ( Conclude as before.) 
 
 16 
 
(182) 
 
 CHAPTER IX. 
 
 ANSWERS, (a) 
 
 ^H- IX. Forms of the Commencements and Conclusions of Answers. 
 
 CXXIX. The title of a defence by answer to a bill in equity. 
 
 The answer of the defendant, [or one of the defendants,'] 
 
 or, the joint and several answers of , the defendants, [or two 
 
 of the defendants,] to the bill of complaint of , complainants. 
 
 CXXX. Where there is only one defendant to an original bill in chancery. 
 
 The answer of A. B. defendant to the bill of complaint of C. D. 
 complainant. 
 
 CXXXI. Where the attorney-general is a defendant. 
 The answer of J. S. C, attorney-general of the State of , 
 
 one of the defendants to the bill of complaint of E. C. and R. his 
 wife (late R. A., spinster) complainants. 
 
 CXXXn. Where a defendant is an infant. 
 
 The answer of A. R. an infant under the age of twenty-one years 
 by her guardian, one of the defendants to the bill of com- 
 plaint of J. C. and T. R., J. F. and J. L. complainants. 
 
 CXXXin. Where one of several defendants puts in her answer to an orig- 
 inal and amended bill. 
 
 The answer of S. B. widow, one of the defendants to the [original 
 and] amended bill of complaint of N. P. complainant. 
 
 (a) Eq. Plead. Chap. XVm. 
 
ANSWERS. 183 
 
 CXXXIV. Where two of several defendants pnt in their answer to an orig- CH. IX. 
 
 inal bill. " 
 
 The joint and several answer of J. L. and T. E. two of the defend- 
 ants to the bill of complaint of A. B. and C. D. complainants. 
 
 CXXXV. Where several defendants join, and the christian names of some 
 of them are misstated in the bill. 
 
 The joint and several answer of L. M., E. P. in the bill called 
 E. P., J. K. in the bill called E. E., and E. T. defendants to the bill 
 of complaint of E. M. complainant. 
 
 CXXXVI. Where exceptions have been taken to a former answer and the 
 bill has also been amended. 
 
 The further answer of S. J., one of the defendants to the original 
 bill, and her answer to the amended bill of complaint of S. T. and 
 E. D. complainants. 
 
 CXXXVII. Where the plaintiff has died before some of the defendants 
 have answered, and the bill has been subsequently amended. 
 
 The joint and several answer of A. B., C. D., and E. F., three of 
 the defendants to the original and amended bill of complaint of 
 N. P. deceased, and also their answer to the bill of revivor and 
 amended bill of A. P. complainant. 
 
 CXXXVni. Where adult and infant defendants join in answering. 
 
 The joint and several answer of J. B. and M. his wife, H. F., 
 E. F., W. F., J. P., and T. P., and of W. P. and J. P. infants under 
 
 the age of twenty -one years by their guardian, nine of the 
 
 defendants to the bill of complaint of T. G. complainant. 
 
 CXXXIX. Where a supplemental answer is requisite. 
 
 The supplemental answer of W. P. T., J. S., and E. U., three of 
 the defendants to the bill of complaint of the Eev. F. W. B. and 
 C. E. complainants. 
 
184 EQUITY PRECEDENTS. 
 
 *^H. IX. Tjjjj COMMENCEMENT. 
 
 CXL. Introduction of words of course preceding an answer by one defendant. 
 
 This defendant now and at all times hereafter saving and reserving 
 unto himself all benefit and advantage of exception which can or 
 may be had or taken to the many errors, uncertainties, and other 
 imperfections in the said complainant's said bill of complaint con- 
 tained, for answer thereunto, or unto so much and such parts thereof 
 as this defendant is advised is or are material or necessary for him to 
 make answer unto, this defendant answering saith, &c. [^The 
 defendant must answer according to his knowledge, remembrance, 
 information, and helief] 
 
 Another Form of Commencement. 
 
 This defendant reserving to himself all right of exception to the 
 said bill of complaint, for answer thereto saith, &c. 
 
 CXLI. Introduction or words of course preceding the joint and several 
 answer of several defendants. 
 
 These defendants now and at all times hereafter saving and reserv- 
 ing to themselves and each of them all benefit, &c. [proceed as in 
 form No. CXL., supra, as far as the word " as " and proceed thus :] 
 as these defendants are advised is or are material or necessary for 
 them or any of them to make answer unto, they these defendants 
 severally answering say, &c. 
 
 Or thus : 
 
 These defendants reserving to themselves all i-ight of exception to 
 the said bill of complaint, for answer thereto say, &c. 
 
 COMMON FOKMS USED IN FKAMING ANSAVEES. 
 
 CXLII. Where a defendant admits a statement. 
 
 And this defendant further answering, saith he hath been informed 
 and believes it to be true, that, &c. Or, this defendant admits 
 that, &c. 
 
ANSWERS. 185 
 
 CXLIII. Where a defendant admits a statement of a -written instrument. CH. IX. 
 
 And this defendant further saith he hath been informed and be- 
 lieves it to be true that, &c. ; but this defendant for greater certainty 
 
 therein craves leave to refer to the said when the same shall 
 
 be produced. 
 
 CXLIV. Where a defendant believes a statement may be true, but quali- 
 fies his admission of it, not knowing the same of his own knowledge. 
 
 And this defendant further answering, saith he believes it to be true 
 that at the time of his said testator's making his said will, and at the 
 
 time of his death, the said testator's sister Jane, the wife of 
 
 in the said will named, had such children as therein in that behalf 
 named, but this defendant does not know the same of his own knowl- 
 edge, nor can this defendant state as to his belief or otherwise 
 whether she had or not any other children or child at such times, or 
 either of them. 
 
 Oi' thus : 
 
 And this defendant further saith he has never heard or been in- 
 formed save by the said complainaot's said bill, whether, &c. ; but this 
 defendant believes that, &c. as in the said biU is alleged. 
 
 CXLV. Where a defendant sets forth a deed, and alleges the payment by 
 him of a sum of money. 
 
 And this defendant saith that by a certain deed-poll, or instrument 
 in writing under the hands and seals of, &c. and bearing date, &c. 
 
 the said did in consideration of the sum of $ to them 
 
 paid by this defendant, the receipt, &c., and which said sum was in 
 fact so paid, remise, release, &c. As by such deed or instrument, 
 to. which this defendant craves leave to refer when the same shall be 
 produced, will appear. 
 
 GXLVI. Where a defendant is entirely ignorant with regard to the state- 
 ment in the bill. 
 
 And this defendant further answering, saith he knows not, and has 
 not been informed save by the said complainant's said bill, and can- 
 not set forth, as to his belief or otherwise, whether the said complain- 
 ant has or not applied for or procured letters of administration of 
 16* 
 
186 EQUITY PRECEDENTS. 
 
 OH. IX. the goods, chattels, rights, and credits of the said A. B. to be granted 
 to her by and out of the proper or any or what Court, nor whether, 
 &c. 
 
 Or thus : 
 
 And this defendant further answering, saith it may be true for any 
 thing this defendant knows to the contrary, that, &c. but this defend- 
 ant is an utter stranger to all and every such matters, and cannot 
 form any belief concerning the same. 
 
 CXLVn. Where one of two defendants of his own knowledge knows the 
 statement in the bill to be true, and the other defendant does not know 
 the same, but believes the answer of his co-defendant. 
 
 And this defendant M. M. further severally answering saith, and 
 this defendant E. R. believes it to be true, that the said testator was 
 not, &c. 
 
 CXLVin. Where two defendants admit the happening of an event, but 
 cannot state when it happened. 
 
 And these defendants severally admit, &c. but when in particular 
 these defendants or either of them to the knowledge or belief of the 
 other of them do not know, and cannot set forth as to their informa- 
 tion arid belief or otherwise. 
 
 CXLIX. Where several defendants join, and are all ignorant of the allega- 
 tions in the bill. 
 
 And these defendants further severally say that they or any or 
 either of them to the knowledge or belief of the others or other of 
 them do not know, and have never been informed save by the said 
 complainant's bill, and cannot set forth as to their belief or other- 
 wise whether, &c. 
 
 CL. Where one of two defendants denies the allegation in the bill, and the 
 other defendant believes such denial to be true. 
 
 And this defendant M. M. further severally answering, saith she 
 denies, and this defendant E. R. believes such denial to be true, that 
 the said J. S. M. was then incapable of understanding the said codi- 
 cil, but saith that he fully knew, &c. 
 
ANSWERS, 187 
 
 CLI. Where two defendants join in denying the allegations in the bill. CH. IX. 
 
 And these defendants further severally say that they these defend- 
 ants did not nor did either of them to the knowledge or belief of the 
 other of them, nor did the said J. and H. or several or any or either 
 of the members of the said firm to the knowledge or belief of these 
 defendants, a short time or at any time before, &c. 
 
 CLn. Where a schedule of deeds is required to be set forth. 
 
 And this defendant further saith he hath in the schedule to this 
 his answer annexed or under-written, and which he prays may be 
 taken as part thereof, set forth according to the best and utmost of 
 his knowledge, remembrance, information, and belief, a full, true, 
 and particular list or schedule of all deeds, &c., and this defendant 
 is ready and willing to produce and leave the same in the hands of 
 his clerk in Court for the usual purposes. 
 
 CLIII. Where an account of rents, or moneys received, or paid, is required 
 to be set forth by several defendants. 
 
 And these defendants further severally answering say, they have in 
 the [first] schedule to this their answer annexed or under-written, 
 and which they pray may be taken as part thereof, set forth according 
 to the best and utmost of their several and respective knowledge, 
 remembrance, information, and belief, a full, true, and particular 
 account of all and every sum and sums of money, &c. [ Or, if an 
 account required as to real estates, thus : a full, true, and just rental 
 and particular of all and singular the real estates, &c.] 
 
 THE CONCLUSION. 
 
 CLIV. Concluding words of an answer. 
 
 And this defendant denies all and all manner of unlawful combi- 
 nation and confederacy wherewith he is by the said bill charged, 
 without this, that there is any other matter, cause, or thing in the 
 said complainant's said bill of complaint contained, material or neces- 
 sary for this defendant to make answer unto and not herein and 
 hereby well and sufiiciently answered, confessed, traversed, and 
 avoided or denied, is true to the knowledge or belief of this defend- 
 
188 EQUITY PRECEDENTS. 
 
 CH. IX. ant; all which matters' and things this defendant is ready and willing 
 to aver, maintain, and prove, as this Honorable Court shall direct,.and 
 humbly prays to be hence dismissed with his reasonable costs and 
 charges in this behalf most wrongfully sustained. 
 
 FOKMS OP ANSWERS. 
 
 CLV. Usual answer of an attorney-general. 
 
 (For the title see form No. GXXIX. p. 182.) This defendant 
 answering, saith that he is a stranger to the several matters and 
 things in the said complainant's said bill of complaint contained ; 
 And this defendant further saith that he claims such rights and 
 interests under, &c. [the will of R. S. deceased, in the said bill stated'} 
 
 for and on behalf of the State of , as this Honorable Court 
 
 shall be of opinion that the said State is justly entitled to. 
 
 CLVI. Answer of the attorney-general, where the plaintiff was alleged to 
 
 be illegitimate. 
 
 {For the title see form No. GXXIX. p. 182.) This defendant sav- 
 ing and reserving to himself on behalf of the State of , now 
 
 and at all times, &c., answering, saith that he is a stranger to all and 
 singular the matters and things in the said complainant's bill of com- 
 plaint contained, and therefore leaves the said complainant to make 
 such proof thereof as he shall be able ; And this defendant further 
 answering, saith that he insists on behalf of the State on all such 
 right, title, and interest in the premises in the said bill of complaint 
 mentioned as the said State shall appear to have therein, and this 
 defendant humbly submits the same to the judgment, order, and direc- 
 tion of this Honorable Court, and also humbly prays that this Hon- 
 orable Court will take care of the State's right and interest in the 
 premises. And this defendant denies, &c. Without that, &c. 
 
 J. M. 
 
 CLVII. The answer of the attorney-general where a testator died without 
 leaving an heir-at-law. 
 
 (For the title see form No. GXXIX. p. 182.) This defendant 
 now, &c. answering, saith it may be true for anything this defendant 
 knows to the contrary, that I. T. A. in the complainant's bill named, 
 was seised in fee simple of such real estates as therein mentioned, 
 
ANSWERS. 189 
 
 and that he died at or about the time in the said bill in that behalf CH. IX. 
 mentioned without leaving an heir-at-law, but whether the said 
 I. T. A. duly made and published such or any other last will and 
 testament as in the said bill mentioned, or whether if he so did, he 
 the said I. T. A. was of sound mind, memory, and understanding at 
 the time of making and publishing the same, or whether the same 
 was duly executed and attested, &c., or whether the said complain- 
 ant is so, or otherwise entitled to the said estates as in the said bill 
 in that behalf mentioned, this defendant being an entire stranger to 
 the several matters aforesaid cannot set forth, but leaves the said 
 complainant to such proof thereof as he shall be advised to produce ; 
 And this defendant on behalf of the State insists that if the said 
 I. T. A. died without leaving any heir-at-law and without duly exe- 
 cuting his will and testament in writing in such manner as by law is 
 required for devising real estates, in that case the State has become 
 entitled by escheat to all the estates of which the said I. T. A. died 
 seised. W. A. 
 
 CLVIII. Answer of the attorney-general insisting on a title by escheat in 
 the State, in case a testator died without leaving an heir-at-law, and 
 without having made a will valid to pass real estate. 
 
 {For the title see form No. CXXIX. p. 182.) This defendant 
 saving, &c. answereth and saith that he is a stranger to all and sin- 
 gular the matters and things in the complainant's said bill of com- 
 plaint contained, and submitteth the same to the judgment of this 
 Honorable Court; but insists on the State's behalf that in case it 
 shall appear that D. D., late of, &c. deceased, in the complainant's bill 
 named, died without leaving any person or persons a subject or sub- 
 jects of the State of ^, his heir or heirs at law, and without having 
 
 duly made and published his will and testament in the presence of 
 three credible witnesses, and with all the solemnities of law requisite 
 to devise or pass real estate at the time of his being of sound and 
 disposing mind, memory, and understanding, that then and in such 
 case the State is well entitled by escheat to all and singular the free- 
 hold messuages, lands, tenements, and hereditaments, of which the 
 said D- D. died seised or entitled in fee simple ; And therefore 
 this defendant prays that this Court will take care of such right 
 and interest, if any, as shall appear to be in the State. Without 
 that, &c. 
 
190 EQUITY PRECEDENTS. 
 
 CH. IX. 
 
 CLIX. Answer to a bill, brought against an obligor in a bond, which alleged 
 that he obtained that instrument by fraud, and that it thereby became 
 lost to the obligee. 
 
 {For ike title and commencement see forms GXXIX., OXL. pp. 182, 
 184.) He admits that the said complainant was at the time in the 
 said bill in that behalf mentioned, a single woman, and that she then, 
 by the means and under the circumstances, and in the manner here- 
 inafter mentioned, became acquainted with this defendant ; and this 
 defendant saith, that the said complainant was at the time he became 
 acquainted with her, and previously thereto, as this defendant has 
 been informed and believes, a woman of very bad fame and charac- 
 ter, and had been and was an orange girl in the theatre, where 
 
 this defendant first met her, at the time in the said bill in that behalf 
 mentioned, and then became acquainted with the said complainant 
 by making such addresses to her as may be supposed to be, or are 
 usually made, to women of ill fame, character, and reputation ; and 
 as such a woman, and not otherwise, this defendant visited, associ- 
 ated, and corresponded with the said complainant ; and as this defend- 
 ant further answering, admits, he pretended, and professed, and in 
 
 various instknces, and particularly on or about , when at her 
 
 lodgings in Court, by his attention to her during the malady 
 
 with which she was then afflicted, shewed great regard for the said 
 complainant as a woman of such character and reputation as aforesaid, 
 but not otherwise ; and this defendant saith, that he never intended, 
 and he believes the said complainant never imagined, that this de- 
 fendant purposed to marry her ; and this defendant further answering 
 saith, he denies, for the reasons and under the circumstances afore- 
 said, that he gained the affections of the said complainant, otherwise 
 than as the affections of women of ill fame and character are usually 
 gained ; or that he ever proposed to marry her ; or that the said com- 
 plainant therefore could ever in answer to any prop.osal from this 
 defendant, in any manner, at any time, at any place, in the presence of 
 any person or persons whatsoever, and under any circumstances, give, 
 or this defendant obtain such consent to marriage, as stated in the said 
 bill : and this defendant further answering saith, he admits that after 
 he first became acquainted with the said complainant, in manner and 
 under the circumstances aforesaid, but not after any such consent to 
 marriage as alleged in the said bill was, or for the reasons aforesaid 
 could have been obtained, this defendant continued from time to time 
 to visit and correspond with the said complainant : but this defendant 
 denies that such intended marriage, as is mentioned in the said bill, 
 was ever in contemplation, or that therefore the solemnization thereof 
 
ANSWEES. 191 
 
 was, or could be from time to time, and from and to any times in CH. IX. 
 particular, on any account, or under any pretences, postponed by this 
 defendant, although he admits, that he constantly professed the great- 
 est love for the said complainant, as a woman of such character and 
 reputation as aforesaid, but not otherwise ; and this defendant saith, 
 that during his acquaintance with the said complainant, she talked of 
 some bond which she was desirous this defendant should give her ; 
 and this defendant further answering saith, he denies that he did, in 
 order to evince his undiminished afi'ection for the said complainant, 
 and generosity towards her, otherwise than as aforesaid, and as 
 hereinafter mentioned, or for any other reason, or without any 
 intent, save as hereinafter mentioned, freely and voluntarily duly 
 execute and give to the said complainant such bond, of such date, 
 and together with the condition thereof, to such purport or effect as 
 in the said bill in that behalf mentioned, or any other bond of such, 
 or the like date, purport, or effect ; and this defendant saith, that at 
 or about the time in the said bill in that behalf mentioned, this de- 
 fendant did, as he admits, execute a bond to the said complainant ; 
 and which said bond was brought to this defendant ready drawn and 
 prepared, and this defendant does not now remember, and is unable 
 to set forth as to his belief or otherwise, whether the same was or 
 not to the purport and effect in the said bill mentioned and set forth, 
 save that this defendant believes that it was or might have been a 
 bond in the penalty of $500, or some such sum, with a condition to 
 be void on a marriage between this defendant and the said complain- 
 ant within twelve months, or to that effect ; but this defendant, when 
 he executed the said bond, apprehended and believed that the same 
 was not, nor would be of any force or validity against him ; and this 
 defendant further answering saith, he does not know, and cannot set 
 forth as to his belief or otherwise, whether the said complainant for 
 any time rested satisfied with the alleged assurances of this defend- 
 ant of his continued affection towards her : but this defendant ad- 
 mits, that at or about the time in the said bill in that behalf men- 
 tioned, being two months after the execution of the said bond, under 
 the circumstances aforesaid, by this defendant, this defendant was in 
 company with the said complainant, but this defendant denies that 
 he did then, or at any other time, request the said complainant to 
 bring and give him the said bond for his perusal, or for any other 
 purpose whatsoever, or that the said complainant did accordingly 
 deliver the said bond to this defendant, in order that he might read 
 it and return the same immediately afterwards to the said complain- 
 ant ; but the said bond was then given to this defendant by the said 
 complainant, with the view, intent, and design, hereinafter mentioned 
 and not otherwise ; and this defendant saith, that a dispute having 
 
192 EQUITY PEBOBDBNTS. 
 
 CH. IX. arisen between liim and the said complainant on such occasion as 
 last hereinbefore mentioned, the said complainant voluntarily, and of 
 her own accord, and with some marks of resentment, gave up and 
 delivered the said bond to this defendant, telling him at the same 
 time, that she had a gentleman that would do better for her, or to 
 tliat effect ; and this defendant further answering saith, he admits 
 that when he had in manner hereinbefore mentioned, but not as stated 
 in the said bill, obtained possession of the said bond, he retained, 
 kept, and carried away the same ; but he denies, for the reasons and 
 under the circumstances aforesaid, that he did so, or can be consid- 
 ered to have done so, against the express desire and consent of the 
 said complainant, as is untruly alleged in the said bill ; and this 
 defendant saith that he afterwards and before any inquiry was made 
 by or on the behalf of the said complainant for the said bond, and on 
 
 or about , burned and destroyed the same, apprehending and 
 
 believing, for the reasons and under the circumstances aforesaid, he 
 might justly do so : and this defendant further answering saith, he 
 denies that he visited or saw the said complainant on the following 
 day, or that she then, or at any time afterwards, remonstrated with 
 the said defendant, or complained of his conduct and behavior in 
 respect of the said bond, or that the said complainant until she filed 
 her said bill, which was a year afterwards or thereabouts, or in any 
 other manner than by her said bill, insisted on this defendant return- 
 ing the said bond to her, or made any complaint or demand to this 
 defendant respecting the said bond, or that anything passed between 
 the said complainant and this defendant relative to such transaction 
 as aforesaid, save as hereinbefore mentioned : and this defendant 
 further answering saith, he denies that he ever promised or agreed 
 to return the said bond to the said complainant, or that he afterwards 
 alleged, although he admits such to be the fact, that he had destroyed 
 it ; and this defendant also denies that he ever directed the said com- 
 plainant to get a new bond prepared, and appointed the time and 
 place for the execution thereof, or that any other offer was made, or 
 directions given by this defendant to the said complainant on account 
 of this defendant's detention of the said bond : and this defendant 
 further answering saith, he does riot know, and cannot set forth as to 
 his belief or otherwise, whether the said complainant applied to the 
 person who drew the former bond, or to any other person, to prepare 
 a new one ; but if any such application were made by the said com- 
 plainant, this defendant denies that it was in consequence of any 
 direction or request of this defendant, or under any other circum- 
 stances than as herein before particularly mentioned ; and this defend- 
 ant further answering saith, he is unable to set forth as to his belief 
 or otherwise, whether the person to whom the said complainant in 
 
ANSWERS. 193 
 
 ■her said bill alleges that she made such application, and for such pur- CH. IX. 
 pose as therein mentioned, did or not accidentally find the very draft 
 or copy of the former bond and condition, or whether he caused, or 
 whether in fact a like deed or instrument of the same tenor and effect 
 .was or not duly prepared therefrom : and this defendant further 
 answering, saith, he denies that he frequently or ever promised to 
 redeliver to the said complainant, the said bond so executed by him 
 as hereinbefore mentioned, or to give and legally execute to the said 
 complainant a bond of the like tenor and eflFect as the former bond so 
 destroyed as aforesaid, or that he, this defendant, made any such or 
 the like promises to the said complainant, to such or the like eifect 
 as in the said bill mentioned ; and this defendant further answering 
 saith, he denies that the said first mentioned bond was duly prepared 
 by his direction ; and when, and by whom, and from what instruc- 
 tions the same was so prepared, this defendant, save as aforesaid, is 
 unable to set forth as to his belief or otherwise : and this defendant 
 further answering saith, he admits that the said first mentioned bond 
 was duly executed by him in the presence of G. H., in the said bill 
 named ; but this defendant denies that the said bond, with the condi- 
 tion thereof, previously to its execution, was read over and explained 
 to this defendant by the said G. H., or any other person whatsoever, 
 or that he, this defendant, was before, and at the time of executing 
 the same, perfectly, or save as aforesaid, in any manner acquainted 
 therewith, and aware of the nature and effect thereof; and this defend- 
 ant saith, that the said first mentioned bond, so destroyed as afore- 
 said, was voluntarily delivered up to him by the said complainant, at 
 the time and under the circumstances hereinbefore particularly men- 
 tioned ; and he therefore insists, that he ought not to be compelled 
 to give, or execute any other bond to the said complainant. ( Con- 
 clude as inform No. GLIV. p. 187.) 
 
 CLX. Answer of trustees and executors to a bill for an account of the testa- 
 tor's real and personal estate. 
 
 {For the title and commencement see forms No. OXXIX., OXL. pp. 
 182, 184.) Severally answering say, they admit that A. B., late of 
 
 , deceased, the testator in the said bill named, duly made and , ,„. . 
 
 ' ' . ^ '' Admission 
 
 published his last will and testament, in writing, bearing date on or of the will 
 
 about the day of , of the purport and effect in the said tor 
 
 bill set forth ; but these defendants, as to the date and contents of 
 such will, severally refer thereto, and to the probate copy thereof 
 respectively, when produced ; and these defendants also admit, tliat 
 the said testator was, at the time of making his said will, of sound 
 mind, memory, and understanding, and that such will was executed 
 17 
 
194 EQUITY PRECEDENTS. 
 
 CH. IX. and attested in the manner by law required for devising real estates ; 
 
 and his an<J *ese defendants also admit that the said , testator, departed 
 
 death. this life on or about , as is mentioned in the said bill, without 
 
 ftaUhe™ having revoked, or in any wise altered his said will ; and these defend- 
 
 testator at ants also admit, that the said testator was at the time of making his 
 
 mald'^^hi^ said will, and also at the time of his death, seised or entitled in fee 
 
 will and at simple of or to the several freehold and copyhold estates mentioned 
 tlie time of ^ ,,..,, i • i 
 
 his death, in the said bill, and of and to other real estates of considerable yearly 
 
 ofreafes^ value in the whole, and that the said testator duly surrendered such 
 
 tates, and of his real estates as were copyhold, to the uses of his will; and that 
 
 was also at '■•' , ^ • i t 
 
 the time of he was also at the time of his death, possessed of, or entitled to, per- 
 
 pogg'^ggg^of sonal estates and effects of such kinds as are mentioned in the said 
 
 considera- bill, to a considerable amount or value in the whole, and much more 
 
 al estate," than sufficient to satisfy all his debts, legacies, and funeral expenses; 
 
 more'th'^' and these defendants respectively answering say, they admit that 
 
 sufficient since the death of the said testator, these defendants respectively, as 
 
 meuTof his executors of the said testator's said will, have duly proved the same in 
 
 debts and the proper Ecclesiastical Court, and taken upon themselves the execU- 
 
 legaoies. . . 
 
 Proof of the ^^°^ thereof, and under and by virtue of such probate, possessed so 
 
 will, and much of the personal estate of the said , testator, and of the 
 
 by the de- produce thereof, as they have respectively been able ; and they have 
 
 fendants, as ^igo as the trustees named in the said will of the said testator, by 
 executors ' •' 
 
 of the testa- which the residue of his freehold and copyhold estates were devised 
 
 sonal^es-" *° them, as therein and in the said bill in that behalf particularly 
 
 tate. mentioned, entered into possession of such of the real estates, late of 
 
 ofThetesta- ^^^^ ^^^^ testator, as were not specifically devised by his said will, and 
 
 tor's real have been in the receipt of the rents and profits thereof, ever since 
 
 title deeds, the said testator's death; and these defendants, as such trustees as 
 
 fendant^^' aforesaid, have also possessed such of the title deeds and writings, 
 
 deyisees in relating to the said real estates, as they have been able, and the same 
 
 are now in their custody or power, and ready to be produced as this 
 
 Honorable Court shall direct : and these defendants further severally 
 
 answering say, they believe that C. D., in the said bill named, and 
 
 another defendant thereto, is heir-at-law of the said testator ; and 
 
 these defendants also believe, that the said complainants respectively 
 
 are the only children of E. F. in the said will and the said bill also 
 
 named, who were living at the death of the said testator, and that the 
 
 said complainants are all infants under the age of twenty-one years : 
 
 toVe 1st ^^'^ these defendants further severally answering say, they have in the 
 
 schedule first schedule to this their answer annexed, (which, together with the 
 
 annexed to ' \ ' o 
 
 the answer, said several other schedules thereto, these defendants humbly pray 
 
 rentVfof ^^7 ^^ taken as part of this their answer,) set forth a full, true, and 
 
 the testa- just rental and particular, to the best of their respective knowledge, 
 
 estates. information, and belief, of all the real estates, as well freehold as copy- 
 
ANSWERS. 195 
 
 hold, whereof or whereto the said testator was seised, or interested in CH. IX. 
 
 at the respective times of making his said will, and of his death, which 
 
 are not specifically devised by his said will ; and these defendants 
 
 have in such' account or rental distinguished, to the best of their 
 
 respective knowledge, information and belief, such of the said estates 
 
 as are freehold, from such of the said estates as are copyhold, and 
 
 where the same, and every part thereof, are and is situated, and the 
 
 yearly value thereof, and of each particular part thereof, and in whose 
 
 tenure and occupation the same, and every part thereof, now are or 
 
 is, and from time to time, since the death of the said testator have, 
 
 and hath been, and under what yearly and other rents, or rent : and Reference 
 1 -, r- -, o , 11 ■ , , ., to the 2d 
 
 these defendants further severally answering, say, they nave in the schedule, 
 
 second schedule hereto annexed, set forth a full, true, and particular '°'' ^° 'f', 
 account, according to the best and utmost of their respective knowl- rents. 
 edge, remembrance, and belief, of all and every sums and sum of 
 money, which have been received by these defendants, or either of 
 them, or any other person or persons, by their, or either of their 
 order, or for their, or either of their use, for and in respect of the rents 
 and profits of the said testator's real estates, not specifically devised, 
 and every part thereof, which have become due since the death of the 
 said ' testator, and when, and by whom, and for whose use, and from 
 whom, and for what rents or rent, and of what parts or part of the 
 said real estates, and when, all and every such sums and sum have 
 and hath been respectively received : and these defendants further P^S*^"!; jj® 
 severally answering say, they have in the third schedule to this their schedule, 
 answer annexed, set forth a full, true, and particular inventory and eountafthe 
 account, -according to the best of their respective knowledge, remem- testator's 
 brance, and belief, of all and singular the personal estate and effects, estate. 
 goods, chattels, and credits of the said testator, at the time of his 
 death ; and these defendants have in such schedule distinguished, to 
 the best of their knowledge, information, and belief, all such partic- 
 ulars of the said testator's personal estate and effects, as have been 
 possessed or received by these defendants respectively, or by any other 
 persons or person by their, or either of their order, or for their or 
 either of their use, and the quantities, qualities, and values of such 
 particulars, and which of such particulars have been sold and disposed 
 of, and when, and wherOj and by and to whom, and for how much, 
 and in what manner the same "have been so sold : and these defend- 
 ants further severally answering, say, that to the best of the knowl- . 
 edge, remembrance, and belief of these defendants respectively, no 
 part of the said personal estate and effects of or belonging to the said 
 ■testator at the time of his death, hath at any time been possessed, got 
 in, or received by, or come to the hands of these defendants, or either 
 of them, or any other persons or person, by their or either of their 
 
196 
 
 EQUITY PRECEDENTS. 
 
 CH. IX. 
 
 Reference 
 to the 4th 
 schedule, 
 for an ac- 
 count of in- 
 terest re- 
 ceived 
 since the 
 testator's 
 death. 
 
 Beference 
 to the 6th 
 schedule, 
 for an ac- 
 count of the 
 testator's 
 debts, lega- 
 cies, and 
 funeral, 
 and testato- 
 ry expens- 
 
 order, or for their or either of their use, other than such particulars 
 as are in the said third schedule mentioned to ha'^e been possessed or 
 received by these defendants respectively ; nor can these defendants, 
 or any or either of them, as to their knowledge, remembrance, infor- 
 mation, and belief respectively, set forth any further, or more partic- 
 ular account, than is contained in the said third schedule hereto, of or 
 concerning all or any of the personal estate and effects belonging to 
 the said testator at the time of his death : and these defendants fur- 
 ther severally answering say, they have, in the fourth schedule hereto 
 annexed, set forth, according to the best of their knowledge, remem- 
 brance, and belief respectively, a full, true, and particular account of 
 all and every sum and sums of money, which have or hath become 
 due since the death of the said testator, for and in respect of the inter- 
 est, dividends, and yearly produce of the personal estate and effects 
 belonging to him, the said testator, at the time of his death, or of the 
 produce thereof, and when, and from whom, and for what principal 
 sums and securities, the same respectively became dua : and these . 
 defendants have in such fourth schedule, distinguished all and every 
 such sums of money, as have been received by, or by the order, or for 
 the use of these defendants, or any or either of them, for or in respect 
 of the interest and dividends of such personal estate, or of the prod- 
 uce thereof, or of any part thereof, and from whom, and for the 
 interest and dividends of what principal sum, and on what security 
 ^nd when due, all and each of such sums have been respectively 
 received : and these defendants further severally answering say, they 
 have in the fifth schedule to this their answer annexed, set forth a full 
 and particular account of the debts which were ,due and owing from 
 the said testator at the time of his death, and to whom, and for what, 
 and of the securities on which the same were respectively due, so far 
 as the same have come to the knowledge of these defendants respec- 
 tively ; and also an account of the legacies which were given by the' 
 will of the said testator, and to whom the same were bequeathed ; 
 and these defendants have in the said .fifth schedule, distinguished 
 such of the debts due from the said testator at the time of his death, 
 and such of the legacies given by his said will, as have been paid and 
 discharged by these defendants, or any or either of them : and have 
 set forth all and every the sum and sums of money which have been 
 paid for, or on account of, or in, or towards the discharge of such 
 debts and legacies, and to whom, and when, and for what, and by 
 whom, the same have been respectivelv so paid : and these defendants 
 have also in the said fifth schedule, set forth an account of all the 
 sums of money which have been paid by these defendants, or any or 
 either of them, for or in respect of the funeral expenses of the said 
 testator, and the charges of proving his said will, and of carrying the 
 
ANSWERS. 197 
 
 same into execution, and when, and to whom, and for what all and CH. IX. 
 every such sum and sums of money have, and hath been so paid ; Admission, 
 and these defendants further severally answering say, they admit that applioa- 
 such applications have been made to them on behalf of the said com- submission 
 plainants, as mentioned in the said bill ; but these defendants are 'he d'rec''.'"^ 
 advised, that they could not by reason of the minority of the said com- t'on and in- 
 plainants safely comply with such requests, without the direction and ft"courf 
 indemnity of this Honorable Court ; and these defendants severally 
 say, they now are and always have been, ready and willing to account 
 for all the personal estate and effects of the said testator, and the 
 produce, and interest thereof, and for the rents and profits of his real 
 estates not specifically devised, which have been possessed or received 
 by them respectively, or any person or persons by their, or any or 
 either of their order, or for their, or any or either of their use, these 
 defendants having all just allowances made to them in tating such ac- 
 counts ; and the said testator having thought proper, by his said will, 
 to give unto each of these defendants a legacy of $50,, these defend- 
 ants humbly hope, that in taking such accounts, they respectively shall 
 be allowed to retain such their legacies : and these defendants further 
 severally say, they are willing to pay, assign, transfer, and dispose of 
 the clear surplus or residue of the said testator's personal estate, and 
 the rents and profits of his said real estates, not specifically devised, 
 which have been received by them, or any or either of them, since the 
 death of the said testator, under the sanctioA and indemnity of this 
 Honorable Court, in such manner as it may direct. ( Conclude as in 
 form No. GLIV.p.1%7.) 
 
 CLXI. An answer insisting on the same benefit of the statute of frauds, as 
 if it had been pleaded by the defendant, (a) 
 
 {^For the title and commencement see forms No. CXXIX., OXL. 
 pp. 182, 184.) That by a certain act of parliament, made and passed 
 in the twenty-ninth year of the reign of his late Majesty King Charles 
 the Second, for the prevention of frauds and perjuries, and commonly 
 called the Statute of Frauds, all contracts and agreements in relation 
 to lands, except as therein is excepted, are required to be reduced 
 into writing, and signed by the party or parties to be bound thereby ; 
 and that the said agreement in the said bill mentioned, and therein 
 alleged to have been made and entered into by this defendant and the 
 said complainant, was not reduced into writing and executed pursuant 
 to the said statute, and therefore this defendant insists, that the same 
 
 (o) Eq. Plead. § 761-768. 
 17* 
 
198 EQUITY PRECEDENTS. 
 
 CH. IX. is void as against this defendant ; and that he cannot be affected there- 
 ~ by ; and this defendant claims the same benefit,- as if he had pleaded 
 the same statute in this cause ; and this defendant, for the reasons, 
 and under the circumstances aforesaid, is advised and insists, that the 
 said complainant is not entitled to any relief against this defendant, 
 touching the matters complained of in the said bill. {Conclude as in 
 form No. CLIV. p. 187.) 
 
 Saith that CLXII. Answer of one of three trustees for sale, defendants to a bill by a 
 
 •'^ i"}*^ J'' purchaser seeldng to set aside the contract, the defendant insisting that 
 
 ants being although the incumbrances on the estate are numerous, and that a rocov- 
 
 duly con- ery which had been previously suflFered was in dispute in another suit, 
 
 trustees for y®' *'^*' ^^^ defendants are able to procure a good conveyance to be exe- 
 
 sale, a trea- cuted to the plaintiff", and that he ought to be compelled to complete his 
 
 ty was en- . . 
 
 tered into contract, 
 and an 
 
 agreement {Answer of defendant C. V. — For the form of title and commence- 
 
 forsaleof ment, see CXXIX., GXL. pp. 182, 184.) Saith that defendant, to- 
 
 tates'to Hie gether vrith M. A. T. and S. T. S. the two other defendants to the said 
 
 plaintiff; \j\\\^ having been as they were advised, duly constituted and appointed 
 
 fte same trustees for the sale of the hereditaments and premises in the said bill 
 
 was reduo- mentioned, and believing that they had a good right and authority to 
 
 writing and sell the same, and that they could execute or procure to be executed, 
 
 ^'^" to' the'' ^ good ^D"^ sufficient conveyance thereof in fee simple to a purchaser, 
 
 effect Stat- and being desirous therefore of executing their said trust, a treaty was 
 
 bill. accordingly in or about the month of July, 1821, entered into between 
 
 Saith that defendant's said co-trustees, or one of them, and the said plaintiff, and 
 such agree- ' ' ^ ' 
 
 ment was an agreement was afterwards concluded between them for the sale of 
 
 for his sig- '■^^ ^^^'^ hereditaments and premises to the said plaintiff at or for the 
 
 I'^'y^A/""^ price or sum in the said bill mentioned ; and the said agreement was 
 
 according- thereupon reduced into writing, and, defendant admits, signed by the 
 
 ifaft'lfthit saidM. A. T., S. T. S., and the said plaintiiF, and was, as defendant 
 
 he did not believes, in the words and figures or to the purport and effect in the 
 
 act in the said bill mentioned, as far as the same is {herein set forth ; nevertheless, 
 
 ^^■^tfth t defendant, for his greater certainty craves leave. to refer to the same, 
 
 he is una- when produced to this Court ; 
 
 whethe^r^ ^ Saith that the said agreement so signed was sent to defendant for 
 
 the plaintiff jjis approbation and signature, and defendant did accordingly approve 
 
 ious to pur- of and sign the same, subject only to a few marginal notes thereon, by 
 
 Residence ^'^^ °^ qualification, on certain collateral points, as to costs, and the 
 
 or whether extent of the covenants to be entered into on the part of defendant and 
 
 the state- tis co-trustees, as by the said agreement when produced, and to which 
 
 ments al- defendant for his greater certainty refers, when produced, will more 
 
 biu. fully appear ; 
 
ANSWERS. 199 
 
 Saith that except as aforesaid, he did not personally act in such CH. IX. 
 
 treaty of sale of the said premises to said plaintiff, such treaty hav- Denieshay- 
 
 ing been carried on in the county of Y. by his co-trustees there, and ™S ™ade 
 
 defendant residing in London, and not having interfered in the con- statements. 
 
 tract any further than by some previous correspondence with his co- fjfatTwo 
 
 trustees, and by testifying his approbation of and subsequently signing par's of the 
 
 the contract, neither did defendant pretend or allege himself to be in t^ero pre- 
 
 the said month of July or at any other time seised of, or otherwise ^lat gne"'^ 
 
 well entitled for an estate of inheritance, in fee simple to the manor was taken 
 
 and other hereditaments in the said bill mentioned, or that he and the fendants^" 
 
 said other defendants could shew and make out a good, clear, market- but is una- 
 
 , , . , , ., . ,,,-,•,., 1 , bletostate 
 
 able title to the said premises, or that they had good right and author- whether 
 
 ity to sell the same, and could execute, or procure to be executed, a ^^^s "taken 
 
 good and sufficient conveyance of said hereditaments free from all in- by the 
 
 cumbrances, except as in the said bill mentioned, or otherwise except Has been 
 
 as aforesaid ; informed 
 
 and be- 
 Saith that except as he is informed by the said bill, he is wholly lieves that 
 
 unable to set forth, whether or not the said plaintiff was at the time in stract was 
 
 the said bill mentioned, anxious to purchase a residence and estate in ^^"I' *? *''^ 
 . „ plaintiff, 
 
 that part of the country where the said manor and other hereditaments and that he 
 
 were situate, or whether; or not he relied upon such alleged statements ed^of'tb'e'^" 
 
 as are in the said bill mentioned to have been made by this defendant's '>'!'*• 
 
 . , •' Saith that 
 
 said co-trustees ; except as 
 
 Denies that he ever made any such statements to the said plaintiff; ^Jffoj^^g^™ 
 
 Saith that he believes it to be true that two parts of the said agree- to three ab- 
 
 ment hereinbefore mentioned were prepared, and that one of such parts j^g gg^t^ he 
 
 was taken and kept by defendant and his said co-trustees, and is now knows not 
 
 ^ •' whether a 
 
 in their power, but whether or not defendant signed both parts of the partial ab- 
 
 said agreement, he does not recollect,,and except as he is informed by ^TOg''^e°"y^ 
 
 the said bill, is wholly unable to set forth as to his belief or otherwise, ered as 
 
 „ . ■, 11, .1 stated m 
 
 whether the other part of said agreement was taken and kept by said the bill. 
 
 plaintiff or is now in his possession ; be'l^eve that 
 
 Saith he does not know but has been informed and believes that a any mate- 
 
 full, true, and correct abstract of the title of defendant and his co-trus- ^ere 
 
 tees to the said manor and hereditaments was delivered to plaintiff or omitted. 
 
 ^ ^ iselieves 
 
 his solicitor, within one month or thereabouts from the date of the said that F. M. 
 
 contract, and that such title has in fact been approved of by or on the another" 
 
 part of the said plaintiff; suit en- 
 
 ^ , 1 1 1 . p 1 deavoredto 
 
 Saith that except as aforesaid, and except that he has been informed impugn the 
 
 ana believes that in the first instance an abstract of the title to said ^recovery 
 
 estate as deduced unto F. M. T. the owner, was sent from L. to the suffered of 
 
 solicitors at Y. employed by the said defendants M. A. T. and S. T. S. sold.butbe- 
 
 on the 7th day of July, 1821, and that a second abstract containing an j^^^^j.^''^'. 
 
 account of the incumbrances on that estate was sent from L. to the ery is valid. 
 
200 EQUITY PEECEDBNTS. 
 
 CH. IX. same solicitors on the 11th day of the same month of July in the same 
 Does not year, and that a third abstract of the title to the S. estate being part 
 believe that ^f jjjg t^,^sj; hereditaments, was delivered to the said solicitors at Y., 
 aify vaHd and was delivered by them to the said plaintiff or his solicitor, he 
 to''rhe'tuL, is unable to set forth as to his belief or otherwise whether or not on 
 butbelieves (;]je i2th day of July last, or at any other time, a partial abstract only 
 tleVsbeen of the title deeds relating to parts of the said hereditaments comprised 
 approved of -^^ ^j^g ^^j^j agreement was delivered to the solicitors of the said plain- 
 of the tiff, or how otherwise, or whether it was not on the 19th ot the same 
 aid th'auhe month and not before that an abstract of other deeds relating to the 
 defendants ^^^^^ ^^^j^ of tj^g ^^^^ hereditaments or any other parts was .delivered 
 are entitled "^ r -j 
 
 to an equi- to the solicitor of the said plamtm, except as atoresaid ; 
 
 in^feeTim-^ &i<A that he does not believe that any of the deeds material to the 
 P^^- title to the said premises are omitted to be set forth in the same ; 
 
 state Saith he has been informed and believes that said F. M. T. in his 
 
 ^K 'tff answer in the suit in the said bill mentioned, has endeavored to im- 
 was or not pugn the validity of a recovery suffered by him and his late father, of 
 the former the said hereditaments and premises, but defendant saith he verily 
 th'*' °r« l^slieves that such recovery was duly and properly suffered, and that 
 of the re- except as aforesaid, the validity of the same or of any other recovery, 
 ingdisput- oi" °^ *1^® ^^^^ leading the uses thereof, is pot disputed in the said 
 ed, but in- suit ; 
 
 he was not Saith he does not believe that there are any good or tenable objec- 
 there'of yet *'°"® ^° '^^ *^'*^® ^° '^^ ^^^^ manor and other hereditaments comprised 
 that it in the said agreement, but on the contrary defendant believes that such 
 to prevent title has been approved of by or on the part of the said plaintiff, 
 
 the con- ^^^ ^^^^ defendant and his said co-trustees were in fact at the time of 
 
 tract from 
 
 being com- entering into the said agreement and are now seised or well entitled 
 
 Admits ™ equity for an estate of inheritance in fee simple of or to the manor 
 
 that the in- ^nd other hereditaments aforesaid. 
 
 ces were Saith he is wholly unable to set forth as to his belief or otherwise ; 
 
 burhS"^' except as he is informed by the said bill, whether or not at the time 
 
 been in- of entering into the said agreement hereinbefore mentioned, plaintiff 
 
 plaintiff was aware or had been informed that such suit (as in the said bill is 
 
 was aware mentioned) was depending, or that the validity of such recovery as 
 
 property aforesaid was disputed in the manner hereinbefore mentioned, but 
 
 piTy off the defendant saith there being as defendant believes, no well founded 
 
 same, but objection to the said recovery, he submits and insists that if the said 
 
 lievethatat plaintiff was not informed thereof at such time as aforesaid (but which 
 
 the t'rus^t defendant does not admit.) yet that same ought not now to prevent the 
 
 convey- said contract from being completed ; 
 
 amounted Admits that the incumbrances upon the said hereditaments and 
 
 to aa much premises are numerous and great, but defendant hath been informed 
 as the pur- *■ ° ' 
 
 chase- by his co-trustee M. A. T. that the plaintiff was at the time of enter- 
 money. 
 
ANSWERS. 201 
 
 ing into the said agreement fully apprised and aware of this circum- CH. IX. 
 stance, and of the embarrassed state of the trust property, and that Believes 
 it was sold for the benefit of the numerous incumbrancers thereon, the'incum- 
 but the amount thereof prior to the date of the conveyance to the brancers as 
 trustees defendants upon trust to sell was not so great, as defendant sary parties 
 believes, as to exceed the amount of the purchase-money agreed to ^g^jgYn "^ 
 be given by the said plaintiff; Submits 
 
 Saith he hath been informed and believes that such of the said fendants 
 incumbrancers upon the said hereditaments and premises as are nee- ^"^^ ^^^^ '° 
 
 '^ ^ _ . procure a 
 
 essary parties to make a perfect conveyance thereof to the said plain- good con- 
 tifiF, are willing to join therein ; be' eKe- 
 
 Submits and insists that he and his co-trustees are able to procure cited, and 
 
 ■ '^ that the 
 
 a good and sufficient conveyance of the said premises to be executed piaintift' 
 to the said plaintiff, and that under such circumstances, and the said °^'|g ^g° 
 plaintiff having (as defendant believes) long since approved of the leased from 
 title to the said estates, he ought not to be released from his said con- tract. 
 tract, but ought to be compelled by the decree of this Court to com- ^ ™]'ica_^°^ 
 plete the same on his part ; tions being 
 
 Saith that the said plaintiff did not according to the best of defend- o^ that he 
 ant's recollection and belief make any applications or requests to ^^g/j-g^^'" 
 defendant as in the said bill metitioned ; commence 
 
 Denies that he has threatened to commence or prosecute any action a^aw/ 
 at law against the said plaintiff for breach of the said agreement or 
 otherwise ; but defendant nevertheless submits that the said plaintiff 
 is bound to perform the same ; 
 
 Denies combination, &c. 
 
 CLXIII. Answer of a trustee under a nuncupative will who had taken out 
 letters of administration to the testator with his will annexed, submitting 
 to account and claiming allowances for sums expended in educating and 
 apprenticing the plaintiff. 
 
 {For the form of title see form No. CXXIX. p. 182.) This defend- AdmUs ^^^ 
 
 ant saving and reserving, &c. \jee form No. CXL. p. 184] answer- tator made 
 
 eth and saith lie believes it to be true that W. W. the testator in the uv^wlu^as 
 
 said bill named did on or about the day of -. — duly make ^J^^'t^ ju 
 
 . .„ . the bill. 
 
 and publish his last will and testament, bemg a nuncupative will, in 
 
 manner in the said bill in that behalf mentioned, and that the said 
 
 will with the signatures in the said bill mentioned is in such words 
 
 and figures or to such effect as in the said bill in that behalf set 
 
 forth, but for certainty as to the date and contents of the said will, j^j^^jts ^is 
 
 this defendant craves leave to refer to the probate thereof when pro- death, leav- 
 
 ing two 
 
 duced, &c. ; And this defendant saith he believes and admits it to sons, the 
 
 be true, that the said testator departed this life on or about the aJfdanother 
 
 day of the same month of , and that he at his death, left the since dead. 
 
202 EQUITY PRECEDENTS. 
 
 CH. IX. said complainant, and W. W. the younger, in the said bill named, his 
 
 and that two natural sons him surviving as mentioned in the said bill ; And 
 
 nd'ministra- "^'^ defendant admits it to be true, that soon after the said testator's 
 
 tion with death, the said will was in due form proved in the Prerogative Court 
 
 nexed were of the province of C, and that letters of administration of the goods 
 
 the'defend- ^'^^ chattels, rights and credits of the said testator with his said will 
 
 ant, who annexed, were duly granted by the said Court to this defendant ; and 
 
 sessed die that this defendant possessed and received all such parts of the said 
 
 personal testator's personal estate and effects as he was able, and that he hath 
 
 estate, and ^ 
 
 paid debts, thereout paid all the said testator's funeral expenses and debts so far 
 
 "' as the same have come to his knowledge, and the said legacy of 
 
 $ to the said W. W., and that there remained a considerable 
 
 and invest- i)a,lance of the said personal estate in his hands; And this defendant 
 
 ed tlie sur- 
 
 plus, iind saith that he hath laid out all the surplus of the said testator s per- 
 
 di'vidend*^ sonal estate which hath come to this defendant's hands, and also the 
 
 to accumu- dividends and interest, thereof from time to time ("except some part 
 
 late fex- 
 
 cept a part thereof which hath been applied to the maintenance of the said com- • 
 
 ^f'^''tff'° P'ainant as hereinafter mentioned) in the purchase of three per cent. 
 
 mainten- consolidated bank annuities, in the joint names of this defendant and 
 
 thenames the said complainant, and in consequence thereof, the sum of $ 
 
 of plaintiff of thg g^id gtook is now standing in their ioint names in the books of 
 
 and defend- ° 
 
 ant. the Governor and Company of the Bank of England ; And this de- 
 
 Saith that fendant saith that he hath from time to time laid out and expended 
 he has laid . . . , , . ^ , • i i • 
 
 out certain certam sums in the maintenance and education of the said complam- 
 
 uoating fhe ^"''' ^""^ ^^^^ lately entered into an engagement with Messrs G. W. 
 
 plaintiff and P., calico-printers at D., to put the said complainant apprentice 
 
 prenticlng to them, and to pay them the sum of as an apprentice-fee for 
 
 "'™' the said complainant, and in consequence of such engagement, the 
 
 said complainant is now with the said Messrs. G. W. and P. as an 
 
 and sub- apprentice ; And this defendant submits that he ought to have an 
 
 he ought to allowance made to him out of the dividends and interest which have 
 
 have the arisen from the surplus of the said testator's estate, for all sums ex- 
 
 gorylfl 9,1- 
 
 lowed him. pended by him for maintenance of the said complainant as aforesaid, 
 
 Believes and also for the said apprentice fee ; And this defendant further saith 
 
 other sou ^^ believes it to be true that the said W. W. the son hath departed 
 
 died intes- jjjjg jjfg intestate, unmarried, and without issue : And this defendant 
 
 tate and ' ' 
 
 without is- submits to account for the said personal estate possessed by him, and 
 
 subrni'ts to t° transfer the said stock into the name of the Accountant-general of 
 account, this Court, as this Court shall direct, but craves to have all just allow- 
 ances made to him in such accounts, as well in respect of the said 
 maintenance and apprentice-fee as otherwise. Without, that, &c. 
 ISeeform No. CLIV. p. 187.] 
 
ANSWERS. 203 
 
 CLXIV. Answer of an executor and trustee under a will to a bill for an CH. IX. 
 account filed by a legatee ; the executor being also heir-at-law to the tes- 
 tator, and claiming as such to be entitled to freehold estates, purchased by 
 the testator after making his will and codicil, and denying any republica- 
 tion thereof. The defendant having misapplied part of the produce of the 
 •real and personal estate, submits to account for the value of the govern- 
 ment securities in which the same might have been invested, (referring 
 to schedules annexed.) 
 
 (For the form of title see No. G XXIX. p. 182.) This defendant Admits 
 
 ... that the 
 
 &c. [as in form No. OXL. p. 1 84] answering saith he admits that the testator 
 
 testator S. M. in the said complainant's bill named, was at the time oTreares- 
 
 of making his will and codicil, and at the time of his death seised or tates, the 
 
 entitled in fee simple of and to certain real estates, the names whereof thereof set 
 
 this defendant hath set forth in the first schedule to this his answer 5"''' '", '^/ 
 
 first sched- 
 
 annexed, and which he prays may be taken as part thereof ; And this uie, 
 
 defendant further answering saith that the said testator after making ^''^'. ^^^^J. 
 . . . . making his 
 
 and publishing his said will and codicil, purchased certain other real will and 
 
 estates which this defendant hath also specified in the said schedule ; pm-chased 
 
 And this defendant has never heard, nor does he believe that the "ther es- 
 
 said testator ever republished his said will and codicil, or either of submits 
 
 them, after making such last mentioned purchases, and therefore he ''^^e'^g. 
 
 submits such after-purchased lands descended upon him, this defend- scended to 
 
 ant, as the heir-at-law of the said testator ; And this defendant ^nt as his 
 
 further answering saith he admits that the said testator was at the heir-at-iaw, 
 
 time of his death possessed of and entitled to a personal estate, con- thaTtiie 
 
 sisting of such particulars as in the said complainant's bill mentioned, testator 
 
 and more particularly set forth in the second schedule to this defend- sessed of 
 
 ant's answer annexed, and which he prays may also be takefa as part P^J"*'™'"'! 
 
 thereof; And this defendant further saith he believes that the said Admits 
 
 testator when he was of sound and disposing mind, memory, and ^'^° '"^^jf 
 
 understanding, duly made and published his last will and testament 
 
 in writing, bearing date on or about in such words and to 
 
 such purport and effect as in the said complainant's bill mentioned, 
 
 so far as the same is therein set forth ; And this defendant further 
 
 saith he believes that the said testator duly made a codicil to his said 
 
 will bearing date to such purport and effect as in the said 
 
 complainant's bill mentioned, and that such will and codicil were 
 
 duly executed so as to pass lands of inheritance ; And this defend- setting 
 
 ant further saith that the said complainant has in his said bill very °^^^ ^^^^^ 
 
 shortly stated the said will which this defendant apprehends admits fu'b'i t^ie 
 
 .,„,,.,., true con- 
 
 of some doubt as to the true construction thereof, and which said struction 
 will and codicil are in the following words, (that is to say,) &c. &c. ; |Jo„b^tful; 
 And this defendant further saith that the codicil to the said will was 
 
204 EQUITY PRECEDENTS. 
 
 CH. IX. in the words and figures following, (that is to say,) &c. &c. ; And 
 
 Believes this defendant further answering saith he believes that the said testa- 
 
 med with- ^^'^ ^- ^- departed this life on or about , without revoking or 
 
 out revok- altering the said will and codicil, save as the said will is altered by 
 
 will and the said codicil ; And this defendant further answering saith he 
 
 Admits admits that the said testator left this defendant his heir-at-law, and 
 
 that the de- the said complainant, and the other natural children named in the 
 
 heir-at-law, said will and codicil him surviving ; And this defendant further 
 
 that he answering saith he admits that he this defendant alone proved the 
 alone prov- ° z-i p i « • p 
 
 ed the will said will and codicil in the Prerogative Court of the Archbishop of 
 
 sesse'cUhe ^'i ^^^ possessed all the personal estate of the said testator to the 
 
 personal amount mentioned and set forth in the second schedule to this 
 
 and entered defendant's answer annexed ; And this defendant further answering 
 
 npon and ggith he admits that he hath entered upon the said testator's real 
 
 received ^ 
 
 the rents of estates of which the said testator was possessed at the time of making 
 
 tllG VG*ll GS— 
 
 tates as set ^is said will and codicil, and received the rents and profits thereof, 
 forth in the fQj. gugh length of time, and to such amount as is mentioned and. 
 
 second . " 
 
 schedule, set forth in the second schedule to this defendant's answer annexed ; 
 he has dis- ■^"'^ ^^^^^ defendant further answering saith that since the death of 
 
 posed of the the said testator he hath sold and disposed of the said real estates of 
 
 real estates ,.,,., i , . /. , 
 
 which the which the said testator was possessed at the time of making his said 
 
 a^thftime'^ will and codicil, the particulars of which, and the amount thereof 
 
 of making this defendant hath set forth in the said second schedule to this his 
 
 codicil and answer annexed ; And this defendant further answering saith that he 
 
 that he em- (jjd employ part of the money arising from the real and personal estate 
 
 of the prod- of the said testator in fulfilling such contracts as the said testator 
 
 filling the" ^^® engaged in at the time of his death, and which is accounted for in 
 
 contracts the Said second schedule to this defendant's answer annexed, wherebv 
 
 entered into . . , p , 
 
 by the tes- It will appear what interest, pront, or advantage hath been made by 
 
 emSoved ^"'^^ moneys so employed ; and this defendant also employed part of 
 
 other part such moneys in his trade; And this defendant further answering 
 
 Reference saith that he hath in the said second schedule to this his answer 
 
 *°d''^h^T s^nnexed, calculated the amount of government securities which the 
 
 ule, in said testator's estate come to the hands of this defendant would have 
 
 calculated purchased if the same had been by this defendant from time to time 
 
 the amount \.^[^ Q^t jjj government securities, and for which this defendant sub- 
 of govern- . ° 
 
 mentseour- mits to account as part of the personal estate of the said testator, 
 
 the estate'''^ subject to the demands to which such personal estate is liable ; And 
 
 possessed this defendant further saith that he hath in the first schedule to this 
 
 by the de- 
 
 fendant his answer annexed set forth a full, true, just, and particular account 
 
 purchaser °^ ^^^ ^'^^ every the real estates which the said testator was seised 
 
 purchaseu. ... — "--»„. ,,^,^ uv,.ov.u. 
 
 Eeference of or entitled to in fee simple at the time of making his said will and 
 schedule as codicil, and of which he continued to -be seised at the time of his 
 containing ^gath, with the name or names thereof, and of each and. every part 
 
ANSWERS. 206 
 
 thereof, and where the same and each and every part thereof is situ- CH. TX. 
 
 ate ; and in the said second schedule the yearly value thereof and of ' 
 
 •^ •^ ^ an account 
 
 each and every part thereof, and in whose tenure or occupation the of the real 
 
 same and each and every part thereof now is, and from time to time ^^ch the 
 
 since the death of the said testator hath been, and under what yearly testator 
 
 1 n , c 1 • . , -, 1 /. ■^'^s seised. 
 
 or other rent or rents, and what part ot the time since the death ot Reference 
 
 the said testator this defendant hath been in possession or receipt of gggon^ 
 
 the rents and profits thereof and of what parts thereof, and who hath schedulefor 
 
 , Ti^ii ■■ ■ 1 '/^i t^6 particu- 
 
 been and tor how long time in possession and receipt ot the rents lars of the 
 
 and profits thereof and of each and. every part thereof; And this y^^^^J^f. 
 
 defendant further answering saith he hath in the said second sched- and of the 
 
 ule to this his answer annexed, set forth a full, true, perfect, and par- ved by or 
 
 ticular account of all and every sum and sums which have or hath at for the use 
 
 •' of the de- 
 
 any time and when been received by this defendant, or by any other fendant, 
 
 person or persons by his order or for his use, for or on account of n^ongys 
 
 the rents and profits of the said estates or any part thereof become produced 
 
 n , h.7 sale of 
 
 due since the death of the said testator, or from or on account of the the estate?, 
 
 sale of the said estates, or any part or parts thereof; And this defend- the''testa-°^ 
 
 ant further answering saith he hath in the said second schedule to this tor's per- 
 
 his answer annexed, set forth a full, true, and particular inventory of and the ap- 
 
 all and singular the goods, chattels, and personal estate and effects [|Jg,!^Qf ° 
 
 whatsoever which the said testator was possessed of, entitled to, or 
 
 interested in at the time of his death, and all the particulars whereof 
 
 the same consisted, and the natures, kinds, quantities, full, true, and 
 
 real values thereof, and of every part thereof, together with such 
 
 particulars as have been possessed or received by or come to the 
 
 hands of this defendant or of any other person or persons by his 
 
 -, . , T 1 ^ Believes 
 
 order or for his use, and how and m what manner, and when, and that the 
 
 where, and by whom, and to whom, and for how much the same and U|fs"ttain 
 every part thereof hath been sold or disposed of; And this defend- ed twenty- 
 ant saith he believes that the said complainant attained his age of j^^t^^^^ ^^^g 
 twenty-one years some time since ; And this defendant further appllca- 
 answering saith he admits that the said complainant hath made such ^'^^ t(,e true 
 applications and requests to this defendant, as in the said complainant's °|'JJ,^'jf''°^g 
 bill mentioned ; And this defendant further answering saith he hath will, being 
 not refused to comply therewith, but as there are some doubts as to the defendan't 
 true construction of the said will, and several parties entitled, to all of {„ ^^f 3er 
 whom this defendant is to account, he this defendant is desirous to act the indem- 
 in the premises as executor of the said S. M. deceased, under the '^^^^f^ '^^ 
 directions and indemnity of this Honorable Court. 
 18 
 
206 EQUITY PRECEDENTS. 
 
 CH. IX. CLXV. Answer of aA executrix submitting to act under the indemnity of 
 the Court. 
 
 Admits {For the form of title see No. CXXIX. p. 182.) This defendant, 
 
 that the tes- ^ rg f^^^ ]^g_ QXL. p. 184,) answering saith she admits 
 tator was v ^^ j - ^ '' ,.«,. 
 
 possessed that S. W. the testator in the said bill named, was at the time of his 
 
 abkpe'r-*'" death, possessed of a considerable personal estate, and particularly 
 
 sonal es- gf (jjg several suras in the public stocks or funds in the said bill of 
 
 and also his complaint mentioned ; and that the said testator duly made and pub- 
 
 rodicu""^ ^ lished his last will and a codicil thereto, of such respective dates, and 
 
 thereto; to such purport, or effect, as in the said bill in that behalf stated; 
 
 but nevertheless, &c. 
 Believes Believes that the said testator did soon after making said will and 
 
 "'■th'^V'T'^ codicil, depart this life, without altering or revoking the said will, 
 tering his save by the said codicil, or without altering or revoking the said 
 codici"- codicil, leaving this defendant, his widow, and such other persona as 
 
 in the said bill in that behalf named, him surviving ; 
 
 Admits Admits that she hath duly proved the said will and codicil in the 
 
 pioved the proper Ecclesiastical Court, and hath taken upon herself the execution 
 
 same, and ti^greof, and hath bv virtue thereof possessed herself of as much of the 
 
 possessed ' •' ^ 
 
 the person- said testator's personal estate and effects as she has been able to do ; 
 
 but^deni'es -^°d this defendant denies that she ever threatened to sell or dispose 
 
 haTing Qf (jjg gj^;^ stocks, funds, and annuities in the said will and bill men- 
 threatened 
 to sell any tioned, without any regard to the interest of the said complainants in 
 
 ^"■^ ' remainder therein, or hath made any transfer of tiie same ; 
 
 Submits to this Honorable Court what interest the said complain- 
 ants are entitled to in the personal estate of the said S. W. by virtue 
 of his said will ; 
 
 Reference Saith she hath, in a schedule, &c. set forth a true and particular 
 
 to the first f. n i , . , , 
 
 schedule account of all the personal estate to which the said testator was 
 
 count (rf the ^Dt'tled at his death, distinguishing what part thereof hath come to 
 personal es- her hands, or to the hands of any other person or persons for her 
 And' to the "se, except 3uch sums are mentioned in the schedule hereinafter re- 
 second ferred to ; 
 schedule a • r 
 
 for an ao- Saith she hath in the second schedule, &c. set forth an account current 
 
 application^ between her and the estate of the said S. "W., and this defendant, and 
 
 thereof. hath therein set forth to the best of her knowledge, &c., a full and true 
 
 account of all sums of money, part of the personal estate of the said 
 
 testator come to her hands, or to the hands of any person or persons 
 
 Submits to *° ^®'' "*^' ^^^ °f ^^^^ application thereof ; 
 
 account, Saith she is ready and willing to account as this Honorable Court 
 
 and to act i, , n 
 
 under the shall direct, for all such parts of the personal estate of the said tes- 
 
 rf'tti™"''''' ^^^^' ^^ -^^^^ ^^'^'^ possessed or received by this defendant, having all 
 Court. just and reasonable allowances made, which she is entitled to as such 
 
ANSWERS. 207 
 
 executrix ; And in all other respects this defendant submits to act as CH. IX. 
 the Court shall direct, upon being indemnified and paid her costs of 
 this suit ; And denies combination, &o. {See form No. CLIV. 
 p. 187.) 
 
 CLXVI. Answer of an executor and of the husband of the plaintiff to a ' 
 
 bill for payment of a legacy^ — the executor admitting assets, and the husr 
 
 band claiming to be entitled to receive the legacy. 
 
 / 
 
 {For the forrn^ of title see form No. CXXIX. p. 182.) These Admit tiiat 
 
 defendants W. M. and F. H., &c. {see form No. GXL. p. 184,) 'H® '^''''^'^- 
 
 ' \ -y ' '/ ed wa^ pos- 
 
 severally answering say they admit it to be true that M. M. deceased, sessed of 
 in the said bill named, was possessed of considerable personal tate^also^" 
 
 estate, and that she made such will of such date, purport, and effect, ^'^^' ^jl'i 
 
 and the be- 
 as m the said bill set forth, so far as the same is therein set forth, and quest of the 
 
 thereby gave to the said complainant the legacy or sum of $ ^S^'^Y't 
 
 in manner in the said bill mentioned, and nominated this defendant 
 W. M. sole executor of her said will ; but for greater certainty these 
 defendants refer, &c. ; And these defendants further severally an- 
 swering, say they admit it to be true that the said testatrix departed Her death- 
 this life at or about the time in the said bill in that behalf mentioned, 
 and without altering or revoking her said will ; And this defendant 
 W. M. further answering, saith he admits, and this defendant F. H. 
 saith that he believes it to be true that this defendant W. M. did And pro- 
 duly prove the said will in the proper Ecclesiastical Court, and did ^^jif w ^e^-"^ 
 
 undertake the execution thereof : And this defendant W. M. admits f™dant W. 
 
 M. who ad- 
 that under and by virtue of the said will he hath possessed himself mits assets 
 
 of the said testatrix's personal estate to an amount more than sufE- f,^ jj^g ° 
 cient to pay and discharge her funeral expenses, just debts, and lega- legacy; 
 cies, and particularly the said legacy of $ , and that the said the plain- 
 complainant hath applied to this defendant to be paid the said legacy o^ions^and 
 
 or sum of $ so given to her by the said will, as in the said his refusal 
 
 bill mentioned, and that this defendant W. M. did refuse to pay the legacy 
 same to her without the consent and concurrence of this other ■without the 
 
 consent of 
 
 defendant her husband, and without which this defendant is advised the other 
 
 and humbly submits he could not safely pay the said legacy ; And ^ ®° "■" ' 
 
 this defendant W. M. further saith he doth admit assets of the said 
 
 testatrix come to his hands sufficient to answer the purposes afore- -pu j. j^ • 
 
 said, and is ready and willing, and hereby submits to pay the said willing to 
 
 legacy to such person or persons and in such manner as this Hon- g^Jg ^g jj^g . 
 
 orable Court shall be pleased to direct : And this defendant F. H. '^<"^'^' ^^- 
 
 . . ... rects. 
 
 saith he claims to be and humbly insists that he is in right of the Claim hy 
 
 said complainant, his wife, entitled to receive and be paid the said gej^J ^^^^' 
 
 legacy or sum of $ so given to her by the said will as afore- legacy. 
 
208 EQUITY PRECEDENTS. 
 
 CH. IX. said, and humbly hopes the same will be ordered to be paid to him 
 accordingly ; And these defendants deny, &c. (see form No. OLIV. 
 p. 187.) E. K. 
 
 CLXVII. Answer of the executors of a deceased acting executor, to a bill of 
 revivor ; the defendants not admitting assets, not knowing what was due 
 from their testator to the original testator, but submitting to account. 
 
 Admit the (^For the form of title see form No. CXXIX. p. 182.) These 
 
 file?,"^ ' defendants, &c. {See form No. CXL. p. 184,) severally answering 
 
 say they believe it to be true that at or about the time in the said 
 
 bill stated, R. W., in the said bill of revivor named, . exhibited his 
 
 original bill of complaint in this Plonorable Court against such parties 
 
 as defendants thereto as in the said bill mentioned, thereby stating 
 
 and praying to the effect in the said bill of revivor set forth, so far as 
 
 the same is therein set forth, and that in consequence of the death of 
 
 the said E. W., the said complainant T. W., at or about the time in 
 
 the supple- the said bill of revivor mentioned, exhibited his supplemental bill in 
 mental bill, , . ^t i i /~. • ■ i c i . i • 
 
 this Honorable Court against such parties defendants thereto as thereni 
 
 mentioned, stating and praying to the effect in the said bill of revivor 
 snbseauent ^^^ forth, so far as the same is therein set forth ; And that the said 
 proceed- several defendants in the said supplemental bill named, afterwards 
 appeared and put in their answers thereto, and that sucli proceedings 
 have since been had in the said cause as in the said bill of revivor 
 mentioned ; but for their greater certainty nevertheless these defend- 
 ants crave leave to refer to the said original and supplemental bills, 
 answers, and other proceedings now remaining filed as of record in 
 this Honorable Court ; And these defendants further severally answer- 
 .ing, say they admit it to be true that before any further proceedings 
 were had in the said cause, and at or about the time in the said bill 
 death of G. o^ revivor in that behalf stated, G. E.. one of the defendants to 
 R. a de- ^j^g ^^aA original and supplemental bills, and one of the executors and 
 trustees under the will of the testator T. W. in the said bill of revi- 
 had princi- ^'^^ named, and who hath principally acted in the trusts thereof, 
 
 pally acted departed this life having first duly made and published his last will 
 
 as execu- n 
 
 tor, and and testament in writing of such date as in the said bill of revivor 
 
 fendants mentioned, and thereof appointed these defendants executors ; And 
 
 have since these defendants admit that since his death they have duly proved his 
 
 will, and said will in the proper Ecclesia&tical Court, and undertaken the 
 
 possessed executorship thereof, and are thereby become his legal personal 
 
 estate. representatives, and that they possessed the said G. R.'s personal 
 
 ttTartlfe "estate and effects so far as they have been conveniently able, and 
 
 same is these defendants believe (although they do not admit the same) that 
 sufficient to , , in. n. ■ i 
 
 answer such personal estate and effects are sufficient to answer whatever 
 
ANSWERS. 209 
 
 might be due from the said G. R. at the time of his death, to the CH. IX. 
 
 estate of the said testator T. "W. if anything were so due ; but these whatmio-ht 
 
 defendants not knowing the amount thereof are advised that they J"® ''"^ *° 
 
 cannot with safety or propriety admit assets of their said testator to ofT.W.jdo 
 
 be in their hands sufficient to answer the same, and tiiese defendants tijg same 
 
 sav they are ready to account for the said G. E.'s personal estate '^"' submit 
 
 to -account; 
 possessed by them or for their use, in such manner as the Court shall 
 
 be pleased to direct, if the same should become necessary ; And these 
 
 defendants further severally answering, say they submit that the said mitthatthe 
 
 suit and proceedings which became abated on the death of the said suit and 
 
 G. R. may stand and be revived against them as such executors as {ngs may 
 
 aforesaid, and be restored to the same plight and condition in which ^'™^ ^^" 
 
 they were at the time of the death of the said G. R, ; Without that, 
 
 &c. {see form M. CLIV. p. 187.) 
 
 CLXVni. Answer of an executor of a deceased executor to a bill of revivor 
 and supplement ; the defendant admitting assets. 
 
 {For the form of title see form No. CXXIX. p. 182.) This defend- Admits the 
 
 ant, &c. {see form No. OXL. p. 184,) answering, saith he believes origmal 
 
 it to be true that at or about the time in the said bill stated the several '"^' 
 
 persons therein in that behalf named exhibited their original bill of 
 
 complaint in this Honorable Court against such parties as defendants 
 
 thereto as in the said bill are mentioned, thereby stating and praying the decree 
 
 * 1 • ^^^ the 
 
 to the effect in the said bill set forth, so far as the same is therem set subsequent 
 
 forth ; and that such decree, decretal, order, bill of revivor, and other 1'™^!"^'^" 
 
 proceedings were had therein as in the said bill set forth ; but for his 
 
 greater certainty, nevertheless, this defendant craves leave to refer to 
 
 the said original bill, decree, and other proceedings now remaining 
 
 as of record in this Honorable Court ; And this defendant further Jf'^X.'^^.' a 
 
 answering saith that A. W. in the said bill named, hath lately de- ^^/''"'|^'?'' 
 
 parted this life, and that the said A. W. duly made and published his ^^^^ ^^^^^ 
 
 last will and testament in writing, and thereby appointed Dame ^he defend- 
 
 A. B., R. T., and this defendant, executrix and executors thereof, proved the 
 
 and that this defendant hath since the death of the said A. W. alone ^^"^^t''"' 
 
 duly proved his said will in the Prerogative Court of the Archbishop state who is 
 .,,, ,.,T 1 ii-ii the lieir-at- 
 
 of C. and is thereby become his legal personal representative, but ^^^^ ^^^ 
 
 this defendant doth not know nor can he set forth as to his belief or ^^"'^f"/'^' 
 
 otherwise, who is the heir-at-law of the said A. W. ; And this defend- the making 
 
 ant further saith he doth not know nor can form any behef whether "0^ po?-" 
 
 the said A. W. did or not, after making of the report in the said bill sessed any 
 
 . . j-i 1 1 purt 01 tn© 
 
 mentioned, receive any sum or sums of money arising from the real estate of D. 
 
 and personal estate of D. G. the elder, the testator in the pleadings ^- ^"^^ *''^' 
 
 18* 
 
210 EQUITY PRECEDENTS. 
 
 CH. IX. of this cause named, which ought to have been accounted for by him ;' 
 but this defendant saith he admits that he hath received assets of the 
 
 he admits , r t -^ 
 
 assets, if said A. W. sufficient to answer any such sum or sums ot money it it 
 
 were™os- shall appear that any such were received and not accounted for by 
 
 sessed by the said A. W. in his lifetime ; And this defendant saith that he is a 
 
 not ac-"" stronger to the several other matters and things in the said bill inquired 
 
 counted for. ^ftgj. . £ut submits that the said suit and the proceedings had therein 
 
 mils tliat" should stand and be revived against him this defendant as such per- 
 
 ma '"'e re- ^""^^ representative as aforesaid ; And this defendant denies, &c. {see 
 
 "ved.^'" form JVo. OLIV. p. 187.) 
 
 CLXIX. Answer of an infant heiress to a bill by simple-contract creditors 
 against the executors and trustees under the will of her father, who had 
 died greatly indebted, possessed of real and personal estate. 
 
 Does not {For the title see form OXXIX. p. 182.) This defendant answer- 
 
 whether ^^g saith she does not know and cannot set forth as to her belief or 
 the testntor otherwise whether Z. R. the testator in the said bill named was or 
 
 was or not 
 
 indebted to not in his lifetime indebted to the said complainant J. C. in the sum 
 J.C?' *"" "^ $315 or any other and what sum of money for moneys lent and 
 
 advanced, paid, laid out, and expended to or for the use of the said Z. 
 
 R., nor whether for securing the repayment thereof with lawful inter- 
 nor wheth- est for the same he the said Z. R. did or not make and sign such 
 Tpromfsso- promissory note of such date and in the words and figures or to the 
 ry note, purport or eifect as in the said bill stated and set forth, or to any 
 
 other purport or effect, nor whether the said Z. R. did or not on the 
 
 28th day of April 1821, or at any other time pay off and discharge 
 er he paid' t^® ^"1^ "f $100 or any other sum of money, part of the said $315 
 
 off part of secured by the said promissory note together with all or what arrears 
 
 the amount •' , n ^,,c^ c: 
 
 secured by of mterest, nor whether the sum of $315, or any other sum of money, 
 
 sorv^'note'^" together with interest thereon from the first day of January last, or 
 
 with all ar- from any other time, doth or not now remain due and owing to the 
 
 terest, nor said complainant J. C, nor whether the said Z. R. was or not at the 
 
 '^^^^ , . time of his death indebted to the said complainant J. C. and T. R. 
 
 amount is „ . z- ,» - 
 
 due, nor or either of them in the sum of $55, or any other sum of money, for 
 
 the'leslator business done and transacted and moneys paid, laid out, and expended 
 was or not for him or for his use in their business or profession of attorneys and 
 indebted to iii-irr-r. ,. 
 
 the plain- soucitors, nor whether the said Z. li. was or not also at the time of 
 
 and T E. ^^^ death indebted to the said complainant J. R. in the sum of $35 
 
 as solid- for money lent and advanced or in any other sum of money, nor 
 
 1' _ whether the said testator did or not make and sign such bills of ex- 
 or to J, R. , ° 
 
 for money change or promissoiy notes of such date respectively, and in the 
 ®" ' words and figures or to the purport and effect as in the said bill 
 
ANSWERS, " 211 
 
 Stated, to bear date the 17th day of June 1824 and the 25th day of CH. IX. 
 August 1824, or to any other purport and effect, nor whether the said ! T^ 
 
 testator was or not also at the time of his death indebted to the said er he did or 
 complainant J. L. in the sum of $65 for money lent and advanced, bms o"ex-^ 
 work and labor done and performed, and the goods sold and delivered, change sta- 
 or in any other sum of money, nor whether, the said testator did or bill, 
 not make and sign such bill of exchange of such date and in the words nor wheth- 
 and figures or to the purport and effect as in the said complainant's or not in- 
 bill stated to bear date the 3d day of July 1824, or to any other pur- t^e^'j^intiff 
 port and effect ; but this defendant further saith she hath been J. L. for 
 informed and believes that the said testator was indebted to various ™°"^y ™'' 
 
 nor wheth- 
 
 persons on specialty and simple contract at the time of his death ; er he did or 
 And this defendant further answering saith she admits that the said "ucli'other 
 Z. R. departed this life on the 16th day of April last, seised and pos- bill of ex- 
 sessed of or otherwise well entitled unto very considerable real and stated in 
 personal estate, and that he made and published his last will and ?lro''l'=,''"' 
 testament in writing of such date, purport, and effect as in the said bill thathedied 
 mentioned and set forth, so far as the same is therein set forth ; And various 
 this defendant further saith she admits that the said testator departed P«>'so°s; 
 this life as aforesaid leaving his wife S. R. the mother of this defend- death • 
 ant and also a defendant in the said bill named, and this defendant ^^nd his 
 his only child and heiress at law ; And this defendant further answer- , .' o 
 ing saith she has been informed and believes that the said S. R. E. his wid- 
 together with M. C. D., A. K. and R. D. three other defendants in defendant'' 
 the said bill named and also trustees and executors named in the said his heiress 
 
 ^ at law ; 
 
 will did on duly prove the same m the Prerogative Court of Believes 
 
 the Archbishop of Cantex'bury, and take upon themselves the burthen ^^^^ {^.g " 
 
 of the execution thereof ; And this defendant further saith she does *hree other 
 
 , , ^.1 , , 1- ^ , . , , defendants 
 
 not know and cannot set forth as to her beiiet or otherwise whether proved the 
 
 the said Z. R., M. C. D., A. K. and R. D. or any or either of them '""' 
 
 have or hath or not also, as such trustees and executors named therein, state 
 
 entered into possession of the said testator's freehold, copyhold, a,nd ^^^\^ 
 
 leasehold estates, and receipt of the rents and profits thereof, nor tered into 
 
 whether they or any or either of them have or hath not also possessed of ttie\'es" 
 
 themselves, himself, or herself of all or any part of the said testator's t'»j;Oi"s es- 
 
 personal estate, moneys, securities for money, goods, chattels, and or possess- 
 
 effects or any of them, nor whether they or apy or either of them have ^^ ^'^ P^''" 
 
 or hath not thereout paid and discharged the said testator's funeral tate; 
 
 and testamentary expenses, but this defendant hath been informed and 9^ paid his 
 •' ' , . 1 funeral and 
 
 believes that all the debts due and owmg by the said testator at the testamen- 
 
 time of his death still remain unsatisfied ; And this defendant further [j^'^sg^'but 
 saith she does not know and cannot set forth as to her belief or oth- believes 
 
 ., , . , /. , , , that all his 
 
 erwise whether the said complainants have or not frequently by them- .debts are 
 selves and their agents made such applications and requests to the ""P^"'; 
 
Court. 
 
 212 EQUITY PRECEDENTS. 
 
 CH. IX. said other defendants as in the said bill in that behalf stated and set 
 
 "^^^^ forth, or any other or what applications ; And this defendant further 
 
 state as to answering saith she doth not admit that the said testator's will was 
 
 caSoM^''" duly executed and attested as by law is required to pass real estates 
 
 having j^y devise, or that the said testator was of sound and disposing mind, 
 
 b66n II1RQ6 ■ '' ' . 
 
 does not ' memory and understanding at the time of making and executing his 
 admit the gaid will, and humbly insists that the said complainants ought to be 
 dulyexecu- put to due proof thereof : And this defendant further saith that she 
 the' testator ^^ ^^ ^"f'^°' """^®^ *^® ^S^ °^ twenty-one years, (that is to say) of the 
 
 was of age of three years and months, or thereabouts, and humbly 
 
 mind and Submits her rights aind interests to the protection of this Honorable 
 ^±s Court, 
 
 iipon proof 
 
 thereof. 
 
 Saith that 
 
 she is an CLXX. Answer of a widow electing to take- the bequests made to her by 
 
 submits'hM.' ^ ^'^'' ^"'^ '° ^^lease all interest in the devised estates, 
 
 rights to 
 the protec- 
 
 tj^onofthe (For the form of title see form No. OXXIX. p. 182.) This 
 defendant, &c. {see form No. GXL. p. 184,) answereth and saith 
 she believes it to be true that C. B. deceased, the testator in the said 
 bill of complaint named, being possessed of a large personal estate 
 did, at or about the time in the said bill of complaint mentioned, duly 
 make and publish his last will and testament in writing of such pur- 
 port and effect, and containing such bequest to this defendant as in 
 the said bill of complaint in that behalf set forth, and that the said 
 testator appointed such persons as in the said bill of complaint named 
 executors and executrix of his said will : And this defendant further 
 Admits answering saith, she believes it to be true that the said testator after- 
 andthe'be- wards and at or about the time in the said bill of complaint mentioned, 
 quest to the July made and published a codicil to his said will in such words and 
 
 defendant; •" ■, n< i • 
 
 also a oodi- to such pui-port and effect as in the said bill of complaint also set 
 tiie'testa-^''' ^^""'^ ' ^^^ ^^^ ^^"^ greater certainty nevertheless as to the said will 
 '<"'; and codicil and the respective dates, purports, and contents thereof 
 
 his death; this defendant craves leave to refer thereto when produced; And this 
 defendant further answering saith, she admits that the said testa- 
 tor departed this life at or about the time in the said bill of complaint 
 , in that behalf mentioned, without having in any manner altered or 
 
 the plain- revoked his said will, save by the said codicil, and without having 
 provedThe altered or revoked his said codicil ; and that the said complainants have 
 will and since duly proved the said will and codicil in the Prerogative Court of 
 the Archbishop of Canterbury, and taken upon themselves the execu- 
 claims the torship thereof; And this defendant further saith, she claims to be en- 
 tendfd^he' *^^*^®'^ *'° ^^^ benefits intended her by the said testator's will, and is 
 defendant ready upon the same being secured to her according to the directions 
 
ANSWERS. 213 
 
 in the said will contained, to release to J. P. in the said will named, CH. IX. 
 all her right and interest in and to the premises in the said will men- by the will 
 tioned, and for that purpose to execute all necessary instruments or a"<3 offers 
 
 to I'61gR'~G ' 
 
 deeds; And this defendant denies, &c. {see form No. CLIV. p. 187.) all interest 
 
 in the de- 
 
 vised es- 
 tate. 
 CLXXI. Form of answer by adult and infant defendants claiming as next 
 of kin to the deceased wife of the plaintiff, who by his bill sought to set 
 aside a secret settlement, made by his late wife before her marriage. 
 
 {For the title see form No. GXXIX, p. 182.) These defendants 
 J. B. and M. his wife, H. H., E. H., W. H., J. P., and T. P. {the 
 adults^ now and at all times hereafter saving and reserving, &c. {as 
 inform No. OXL. p. 184, as far as the words " make answer unto" 
 and proceed thus :) they these defendants J. B. and M. his wife, H. 
 H., E. H., W. H., J. P. and T. P. severally answering, say they Believe 
 believe it to be true that the said complainant was for several years plaintiff 
 previous to the year 1812 on terms of intimacy and friendship with ^^l/°lg_ 
 M. P. spinster in the said bill named, afterwards M. G. the wife of qxiainted 
 the said complainant, and that a treaty of marriage was for some space -vfife before 
 of time pending between the said complainant and the said M. P., 'J}®"' ™j'}'^\ 
 which was at length jn the said year 1812 concluded and agreed upon a treaty 
 between them ; and that on or about the 6th day of July, 1813, the g^'^g ^^^^ 
 marriage between the said complainant and the said M. P. was duly pending; 
 had and solemnized, but for what space of time such treaty of mar- isia the 
 riage was pending, or when in particular the same was concluded and "as'sof-* 
 agreed upon, these defendants do not know and cannot set forth as to emnized. 
 their information or belief or otherwise ; And these defendants J. B. 
 and M. his wife, H. H., E. H., W. H., J. P. and T. P. further sev- 
 erally answering say, &c. &c. {Inserting the names of the adults 
 at the beginning of the answer to each interrogatory.] And these claim hy 
 
 defendants J. B. and M. his wife, H. H., E. H., W. H., J. P., and the adults 
 
 ... . to be en- 
 
 T. P. claim to be entitled to the said prmcipal moneys and interest titled joint- 
 jointly with the .said infant defendants W. P. and J. P. as the next of jyf^'„\3 ^g'® 
 
 kin to the said complainant's said late wife, to the total exclusion of the next of 
 
 .,,.,, kin of the 
 the said complainant s rights as in the said complainant s said bill deceased's 
 
 alleged ; and in case this Honorable Court shall be of opinion that ^one'ys'set- 
 
 they are entitled to the said principal moneys and interest as such tied by her. 
 
 next of kin, this defendant M. B. humbly hopes that this Honorable ^jj^'^gf^^ji. 
 
 Court will order and direct her part or share of and in the same .ant to have 
 
 moneys and interest to be settled upon and for her separate use and settled' to 
 
 benefit ; And these defendants W. P. and J. P. severally say that they 'j^J' ^«P^- 
 
 are infants under the age of twenty-one years, and that they severally Xvvo of the 
 
 claim such interest in the premises as thej^ are respectively entitled [jff™jg''!^J^^^j 
 
 to, and submit their several interests to the protection of this Honora- submit' 
 
214 
 
 EQUITY PRECEDENTS. 
 
 Statement 
 of the re- 
 
 CH. IX. ble Court ; and these defendants J. B. and M. his wife, H. H., E. H., 
 their inte^ W. H., J. P. and T. P. severally deny, &c. {see form No. GLIV. 
 
 est to the ™_ 187. ^ 
 
 protection "' '-^ 
 
 of the 
 
 Court. 
 
 CLXXII. Part of an answer of the widow and executrix of a deceased sur- 
 viving executor ; the plaintiff claiming either as administratrix or in her 
 own right to be entitled to the share of a residuary legatee who was sup- 
 posed to have attained twenty-one, and to have died abroad intestate, — 
 the answer stating a release executed by the plaintiff and her late husband 
 to the defendant's late husband as surviving trustee and executor, and 
 claiming the same benefit therefrom as if pleaded. 
 
 And this defendant saith that by a certain deed poll or instrument 
 in writing under the hands and seals of N. P. and the said complain- 
 ant, then the wife of the said N. P., bearing date on or about the 24th 
 day of February, 1800, the said N. P. and the said complainant did 
 in consideration of the sum of $181 to them paid by the said J. B. 
 the receipt whereof they the said N. P. and the said complainant did 
 thereby acknowledge, and which sum was in fact so paid, remise, 
 release, and forever quitclaim unto the said J. B. the late husband, of 
 his defendant, his heirs, executors, and administrators, all and all man- 
 ner of action and actions, &c. and demands whatsoever both at law 
 and in equity or otherwise howsoever which against the said J. B. as 
 such surviving trustee and executor of, the said T. S. they the said 
 N. P. and the said complainant or either of them ever had, and which 
 they, their heirs, executors, or administrators should or might there- 
 after have, claim, challenge or demand for or by reason or means of 
 any matter, cause, or thing whatsoever ; As by such deed poll or 
 instrument in writing, to which this defendant craves leave to refer, 
 when the same shall be produced will appear. 
 
 And this defendant submits to- this Honorable Court whether or not 
 if the said N. B. died under the age of twenty-one years the said 
 complainant as the only surviving grandchild of the said testator T. S. 
 as the said complainant alleges in her said bill, became entitled in her 
 own right to the said share of the said N. B. under or by virtue of 
 the said testator's will; And this defendant further answering saith, 
 she admits that applications have been made to her by or on the behalf 
 of the said complainant, and also by one W. B. who 3tated himself to 
 be the brother of the said N. B. for the purposes in the said com- 
 plainant's original and amended bill of complaint mentioned, and 
 this defendant positively denies that she ever refused to comply with 
 such application otherwise than as this defendant alleges, that she 
 always distinctly stated ii^ answer to such applications, that whenever ■ 
 satisfactory proof of the death of the said N. B. was adduced, the 
 
 Submits 
 whether 
 the plaintiff 
 is or not en- 
 titled as 
 surviving 
 grandchild. 
 
 Admits ap- 
 
 Elications 
 ave been 
 made; 
 Denies 
 having re- 
 fused to 
 comply 
 therewith. 
 
ANSWERS. 215 
 
 executors of the said J. B. were ready to account for the said share CH. IX. 
 of the said N. B. to the persons or person who should be legally 
 entitled to the same ; and this defendant saith, that she hath always 
 been and now is perfectly willing to account for and pay over the 
 share of the said N. B. of and in the said testator's estate to the per- 
 son or persons who is or are by law entitled to receive the same ; and o i, -i 
 this defendant submits to the judgment of this Honorable Court, whether 
 whether or not the said complainant is exclusively entitled either in is'or'not' ' 
 her own right or as the legal personal representative of the said N. B. exclusively 
 to the said share of the said N. B., either in the whole or in part, even either in 
 though it should satisfactorily appear that the death of the said N. B. right or"a3 
 took place at the period in the said complainant's original and amended administra- 
 bill of complaint stated ; and this defendant submits to this Honorable gub,^itg 
 
 Court that by virtue of the said general release of the 24th day of that she is 
 
 ° • barred by 
 
 February, 1800, from her and her said husband to the said J. B., she the release, 
 
 the said complainant is wholly barred from making any claims on the 
 said J. B. or his estate, in respect of the estate of the said testator 
 T. S., and this defendant craves leave to have the same benefit from 
 the said release as if she had pleaded the same ; and this defendant and sub- 
 submits to act in the premises as such executrix as aforesaid under under the 
 the direction and indemnity of this Honorable Court, and humbly direction of 
 hopes to have her reasonable costs and charges allowed her in this 
 behalf; And this defendant denies, &c. 
 
 CLXXIII. Statement in an answer to the statute of frauds, and claiming the 
 same benefit therefrom as if pleaded. 
 
 And this defendant saith that by an act of parliament made in the 
 29th year of the reign of King Charles the Second, intituled " An 
 act for the prevention of frauds and perjuries," it is amongst other 
 things enacted, that from and after the 24th day of June, 1677, no 
 action should be brought whereby to charge any person upon any 
 contract of any lands, tenements, and hereditaments, or any interest 
 in or concerning them, unless the agreement upon which such action 
 should be brought, or some memorandum or note in writing should be 
 signed by the said party to be charged therewith, or some other per- 
 son by him lawfully authorized ; And this defendant insists upon the 
 said statute, and claims the same benefit as if he had pleaded the same. 
 
216 
 
 EQUITY PRECEDENTS. 
 
 CH. IX. CLXXIV. Answer of the lord of a manor who had seised certain copyhold 
 premises for want of a tenant after the death of a former tenant. 
 
 Admits 
 that he is 
 lord of the 
 manor, 
 
 that I. H. 
 was seised 
 of certain 
 premises, 
 that I. H. 
 and wife 
 surrender- 
 ed their es- 
 tates to S. 
 G. by way 
 of mort- 
 gage, 
 
 that at a 
 Court bar- 
 on, S. C. as 
 claiming 
 under a 
 bargain and 
 sale, was 
 admitted to 
 the same 
 estates. 
 
 Satisfac- 
 tion of the 
 mortgage 
 entered on 
 the Court- 
 rolls. 
 Believes 
 that at 
 another 
 Court tlie 
 death of 
 S. C. was 
 presented, 
 and first 
 proclama- 
 tion made 
 for the heir 
 to claim ; 
 Second 
 proclama- 
 tion; 
 and third 
 proclama.- 
 tion ; no 
 person 
 claiming a 
 precept is- 
 sued to the 
 bailiff to 
 seise the 
 premises, 
 and at 
 another 
 Court 
 
 {For the form of title see No. C XXIX. p. 182.) This defendant, 
 &c. {see form OXL. p. 184,) saith he admits it to be true, that 
 he this defendant is lord of the manor of H., in the county of N., 
 and that I. H. in the said bill of complaint named, was in and before 
 
 the month of seised to him and his heirs according to the 
 
 custom of the said manor of and in, &c. ; And that on or about 
 -^ the said I. H. and M. A. H. his wife in the said bill of com- 
 plaint also named, conditionally surrendered all their and either of 
 their messuages, lands, tenements, and hereditaments, holden of and 
 situate within the said manor, To the use of S. G. in the said bill of 
 complaint mentioned, her heirs and assigns, by way of security, for 
 
 the sum of and lawful interest thereon ; And this defendant 
 
 saith that at a general Court baron holden for the said mangr, on or 
 
 abolit the day of , and not as in the said bill 
 
 of complaint in that behalf alleged, S. C in the said bill of com- 
 plaint also mentioned, was under and by virtue of such bargain and 
 sale as in the said bill of complaint in that behalf set forth, admitted 
 to all the said copyhold premises so surrendered by the said I. H. and 
 M. A. H., To hold to her and her heirs according to the custom of 
 the said manor ; and at the same Court an acquittance or satisfac- 
 tion under the hand of the said S. C. as executrix of the said S. G., 
 
 on the said surrender of the day of , was presented 
 
 and duly entered on the Court-rolls of the' said manor ; And this 
 defendant further answering saith he believes that at a general Court 
 
 baron holden for the said manor, on or about the day of 
 
 , the death of the said S. C. was presented by the homage, 
 
 and that who was the next heir to the said premises was not known, 
 and thereupon proclamation was duly made for any person or persons 
 having right to the said premises, to claim the same and be admitted 
 
 thereto ; and at a general Court baron holden on the day of 
 
 , a second proclamation was duly made to the same effect ; 
 
 and at a general Court baron holden tor the said manor, on the 
 day of ; — , a third proclamation was made in like man- 
 ner, and by reason that no person came in to claim the said prem- 
 ises, or to be admitted thereto, a precept was issued at such last 
 general Court to the bailiff of the said manor, whereby he was com- 
 manded to seise in the presence of two or more copyhold tenants of 
 the said manor, all the said premises into the hands of the lord, for 
 want of a tenant ; and at a general Court baron holden for the said 
 manor, on or about the day of , S. T. the bailiff of 
 
ANSWERS. 217 
 
 the said manor certified that on the day of , then last CH. IX. 
 
 past, he the said S. T. had in the presence of I. C. and T. D., two the bailiff 
 
 copyhold tenants of the said manor, entered upon and seised all the certified 
 
 / ■ ■■ • • ^ , 1 \ , ^ ■, n r. that he had 
 
 aforesaid premises into the hands of the lord, for want of a tenant seised the 
 
 thereto ; But for his greater certainty, nevertheless, as to the several P''e"i'ses. 
 surrenders and other proceedings, this defendant craves leave to refer hold a 
 to the Court-rolls of the said manor, or to the copies thereof when pro- F™l'' ?/"^ 
 duced. * [And this defendant saith he is ready and willing to cause a the right- 
 Court to be holden for the said manor, and to admit as tenant to the on being ' 
 said premises, such person as this Honorable Court shall be pleased to P'"^ '^e 
 
 , ^ customary 
 
 direct, being indemnified in that behalf, and paid his customary fine on fine; 
 such admission.j And this defendant saith that he is a stranger to all 
 other the matters in the said bill of complaint contained ; and this de- 
 fendant denies, &c. {See form No. CXLl V. p. 187.) 
 
 Observations. — The seisure appears to have been absolute, and not 
 conditional, and if such a seisure be warranted by the custom of the 
 manor, there seems no reason why the lord should not insist upon his 
 title under it. In that case the end of the answer in the place of that 
 part which is between crochets,* would run thus : 'Or thus : 
 
 "And this defendant further answering saith that according to the belbso-° 
 custom of the said manor of H., this defendant as lord of the said luteiy enti- 
 
 . tied; and 
 
 manor is become absolutely entitled to the said several premises, by submits 
 virtue of the notices and proceedings aforesaid ; And this defendant o^j'i^^Qt 
 humbly submits that he ought not to be compelled to admit any tenant to be re- 
 thereto, or to be restrained from proceeding to recover the same by from pro- 
 ejectment." -;^^"g^' 
 
 If the custom to entitle the lord be not clear, then the answer must 
 stand as drawn ; otherwise the defendant may be made to pay costs. 
 
 CLXXV. Answer of the mortgagor to a bill of foreclosure. 
 
 {For the form of title see No. GXXIX. p. 182.) This defendant, 
 &c. {see form No. OXL. p. 184,) answereth and saith he admits it to Admits the 
 be true that this defendant did, at or about the time in the said bill of °™' 
 
 complaint in that behalf mentioned, borrow the sum of $ from 
 
 A. W. the elder in the said bill of complaint named, and that there- the execu- 
 upon such indenture of bargain and sale, and such bond as in the said ^o^gaged 
 bill of complaint are set forth, were duly made and executed by and securities, 
 between this defendant, and the said A. W. the elder, and were of 
 such date, and -of such purport and effect, as in the said bill of com- 
 plaint in that behalf stated ; but for his greater certainty, nevertheless, 
 19 
 
218 EQUITY PRECEDENTS. 
 
 CH. IX. as to the said indenture and bond, and the respective dates, purport, 
 and effect thereof, this defendant craves leave to refer thereto when 
 produced ; And this defendant further answering saith he admits it 
 ofthemort-to be true that the said A. W. the elder departed this life, before 
 b mlsViio- payment of the said principal-money, or any part thereof ; And this 
 rantwheth- defendant further saith it may be true for anything this defendant 
 A. W. His knows to the contrary, that the said A. W. the elder left A. W. the 
 heir atkw, jQ^nger in the said bill of complaint also named his eldest son and 
 will ap- heir-at-law him surviving, and that he had first duly made and pub- 
 the plaintiff lished his last will and testament in writing, and thereby appointed 
 A w ''"d ^^^ ^^'*^ complainant T. W., and the said A. W. the younger, and 
 L. W. ex- L. W. since deceased, executors thereof, and that the said executors 
 whether"'^ duly proved the said will in the proper Court, and that the said will 
 theyproved did not in any manner affect the said mortgaged premises, and that 
 or whether the legal estate and interest therein, descended on and vested in 
 the legal ^j^g gj^;^ ^_ -yy. tjjg younger, and that such indenture as in the said 
 soended bill of complaint is stated to bear date, &c. was duly made and exe- 
 as to the cuted by and between such parties, and to such purport as in the 
 execution g^jj j^jjj (jf complaint set forth ; and that the said A. W. the younger, 
 
 of a certain ^ . _ _ j oj 
 
 deed, or departed this life at or about the time in the said bill of complaint 
 w! died ™ ^^^^ behalf mentioned, leaving the said complainant G. W. an 
 leaving the infant, his eldest son and heir-at-law him surviving, and that he 
 W. his heir had first duly made and published his last will and testament in 
 whSh'e™ writing, of such date, as in the said bill of complaint mentioned, 
 A. W. had and thereby appointed the said complainants, T. W. &c., executors 
 appointing thereof, and that the said complainants duly pi'oved the said will in 
 S'J P,!?"^,", the proper Court, and that the said will did not in any manner affect 
 
 tiffs I . W., , . - -Till, 
 
 &c. execu- the said premises, and that the legal estate and interest therein, de- 
 whe'ther scended upon and is now vested in the said complainant G. W., and 
 theyproved that the said T. W. departed this life soon after the death of the 
 whether last-mentioned testator, and that thereupon the said complainant T. W. 
 the legal became also the surviving executor of the said A. W. the elder, but 
 soended to this defendant knows nothing of the several matters aforesaid, save 
 whether T. as he is informed by the said bill of complaint, and therefore craves 
 W. became leave to refer the said complainants to such proof thereof as thev 
 
 the surviv- i i » 
 
 ing execu- shall be able to make ; And this defendant admits that the said 
 Mortgagee; principal sum of $ , or any part thereof, hath not yet been 
 
 admits that paid, and that the same now remains due and owing from this de- 
 
 the mort- 7- i ^ ^i • ,. , . ■, 
 
 gagemoney tendant on the security of the said mortgaged premises, together 
 
 been°p'aid, '*^'''^ ^° arrear of interest thereon from , but this defendant 
 
 and is still denies that the said mortgaged premises are a scanty security for 
 
 iiJterest, the same, and on the contrary thereof, this defendant saith that 
 
 denies that the said mortgaged premises are the value of $ and ud- 
 
 thesecurity i i • i r. i . 
 
 is scanty, wards ; and this detendant saith that there is no other charge or 
 
ANSWERS. 219 
 
 incumbrance aflfecting the said mortgaged premises ; and this defend- cH. IX. 
 ant trusts this Honorable Court will allow him a reasonable time for 
 
 or that 
 the redemption of the said premises ; And this defendant denies, &e. 'here is 
 
 {See form No. CXLIV. p. 187.) rncum-^"' 
 
 brance. 
 
 CLXXVI. Answer of the executors of the first mortgagee to a bill of fore- 
 closure, filed by the assignee of the second mortgagee (who had obtained 
 possession of the title deeds and claimed a priority over the first mortgagee) 
 against the infant heir of the mortgagor, and also against a subsequent 
 
 {For the form of title see form No. OXXIX. p. 182.) These de- Admit the 
 fendants, &c. {see form No. GXL. p. 184,) severally answering, say oftliemort- 
 they have been informed and believe it to be true that such indent- ?!;g®°f ""e 
 
 - , . lOth May, 
 
 ure of demise or mortgege of such date between such parties and 1814; 
 of such purport or effect as in the said complainant's original and 
 amended bill of complaint mentioned to bear date the lOth day of 
 May, 181.4, so far as the same is therein set forth was duly made 
 and executed, but these defendants, for greater certainty crave leave 
 to refer to the said indenture when the same shall be produced ; And andthatthe 
 these defendants further say they believe it to be true that all the delivered 
 title deeds and writings relating to the premises comprised in the i7^Ki'the 
 said indenture of demise or mortgage were delivered over by the tes- testator 
 tator T. E. in the said complainant's original and amended bill of ' ' 
 complaint named to W. P., therein also named, at the time of the 
 execution of such indenture of demise, but these defendants do not do not 
 know the same of their or either, of their own knowledge ; And these whether T. 
 defendants further say that they or either of them to the knowl- ?•. ^°^^ 'r"'': 
 
 •^ •' tain part of 
 
 edge or belief of the other of them do not know, have never been the prem- 
 informed save by the said complainant's bill, and therefore cannot nor'wheth- 
 
 set forth as to their or either of their belief, or otherwise, whether er he paid 
 
 , . T , . , . . , , part of the 
 
 the messuage or tenement m the said complainant s original and purchase- 
 amended bill of complaint mentioned to be situate in, &c. was or ^°"p^-'° 
 not sold and disposed of by the said T. E., nor whether he did or reduction 
 not pay the sum of £600, part of the mortgage-money in the said gage, but 
 
 complainant's original and amended bill mentioned to be due to the believe-that 
 
 „ „ the same 
 
 said W. P., out of the purchase-money of such messuage, nor whether was reduc- 
 
 it did or not reduce such mortgage-money to the sum of £400, ^„j°j,g^|. ^^ 
 
 but these defendants believe that the same mortgage-money was was agreed 
 
 reduced to the sum of £400, and that it was agreed that the same same sum 
 
 sum of £400 should remain as a mortgage on the estate called Lit- ^ain' on^' 
 
 tie C. in the said complainant's original and amended bill men- mortgage of 
 
 tioned as therein is alleged ; And these defendants further say they estate, ^ 
 
20 EQUITY PRECEDENTS. 
 
 CH. IX. have been informed, and believe it to be true, that such indenture of 
 
 " assignment as in the complainant's bill mentioned, to bear date the 
 
 Admit the 17th March, 1821, between such parties, and of such date, purport, 
 
 execution ^jjjj effect as in the said complainant's original and amended bill men- 
 
 of assign- tioned and set forth, so far as the same is therein set forth, was 
 
 Saixitiff ■ ^ ^^^7 made and executed, and that the several title deeds and writ- 
 
 and that- jngs relating to the said estate were together with the said indent- 
 
 the deeds • « <3 ° ■ 
 
 were deliv- ure of demise or mortgage delivered over to the said complainant 
 
 the plaintiff ^J '^^ ^^^^ ^- ^- ^^ ^^^ *™® °^ ^^^ execution of the said indent- 
 by W. P., ure of assignment as in the said complainant's original and amended 
 but cannot bill of complaint is alleged, but whether the same title deeds and writ- 
 is become ^^S^ ^'"® "°*' ^°^ ™ *^^ custody or power of the said complainant, or 
 of them; what is become thereof, these defendants do not know and cannot set 
 death of forth as to their or either of their belief or' otherwise ; And these de- 
 1 . E., fendants further severally answering, say they have been informed, 
 
 and believe it to be true, that the said testator, T. E., departed this 
 life at the time in the said complainant's original and amended bill 
 and his stated, having first duly made and published his last will and testa- 
 ment in writing, of such date, purport, and effect, as therein in that 
 behalf mentioned and set forth, so far as the same is therein set forth, 
 but these defendants, for greater certainty, crave leave to refer to the 
 said will, or the probate copy thereof, when the same, or either of 
 and that he them shall be produced ; And these defendants further say they be- 
 his'heir-at- ^'^^® ^^ '° ^^ *-™^ ^^^^ *he said testator left T. E. jun. another defend- 
 p'^ "^^' ant to the said complainant's original and amended bill of complaint, 
 e! U. have his eldest son and heir-at-law, and that F. B. and R. U., therein 
 theTeWse ^'^° named, have renounced the devise made to them by the said 
 to them and testator's will, and have duly executed a deed, renouncing and dis- 
 andfliat" ' claiming the same, and that the said testator's real estates have 
 the real es- descended upon, and are now vested in the said defendant, T. E.. 
 
 twites Ilfl.V6 7 
 
 descended as his eldest son and heir-at-law, as in the said complainant's orig- 
 Admit\at '"^^ ^""^ amended bill is alleged ; And these defendants further say 
 
 the .£400, they have been informed and believe it to be true, that the said sum 
 
 was not jy p .^r\ -I . -rr-r 
 
 paid, and ot £400 was not paid to the said W. P., or to the said complainant 
 
 same'or ^^ *® '™® ™ ^^^ ®^^*^ complainant's original and amended bill men- 
 some part tioned, and that the same, or some part thereof, together with some 
 
 with inter- r ■ ^ ^ ^^ ■ , , . 
 
 est is still arrear ot interest thereon is now due and owing to the said com- 
 cannot"' plainant, but what principal-money and interest in particular, these 
 state how defendants do not know, and cannot set forth, as to their or either 
 Admit that o^ ^heir belief or otherwise ; And these defendants admit that by the 
 theprem- means in the said complainant's original and amended bill stated, 
 
 1S€S U&Vo 7 • 1 1 • -1 
 
 become the said mortgaged premises became absolute in law in the said com- 
 fawin'the" plainant, and these defendants submit to the judgment of this Honor- 
 plaintiflf. able Court, whether the said defendant, T. E., ought not to pay to 
 
ANSWERS. 221 
 
 the said complainant, what shall be found to be due and owing to him CH. ix. 
 for principal-money and interest, and whether for the reasons herein- Submit 
 after stated, the said complainant ought to be permitted to have or SJ'^S,"'®'^ , 
 enjoy the said mortgaged premises ; And these defendants further say not to pay- 
 that they or either of them to the knowledge or belief of the other of ^^at'is due 
 them do not know, have never been informed save by the said com- '» li™- 
 plainant's bill, and therefore cannot set forth as to their or either of i^Qow'as to 
 
 their belief or otherwise, whether the said complainant hath or not any appli- 
 1 T 1 1- • 1 , 1 . -1 cations be- 
 
 made, or caused such applications and requests to be made to the said ingmadeto 
 
 defendant, T. E., as therein stated or set forth, or any other applica- ^- ^' 
 tions and requests, nor whether the said defendant T. E. doth or not 
 absolutely refuse to comply therewith, nor whether the said defendant 
 T. E. doth or not make such pretence as therein stated : And these ^™y ">''' 
 defendaiits deny that the said mortgaged premises are at all a scanty ises are a 
 security for the principal and interest due to the said complainant ; ^^j"*^'^^" 
 And these defendants further severally answering, say that by an in- 
 denture of demise, by way of mortgage, bearing date the day execution 
 
 of 1813, and made between the said testator T. E. of the one gJi^e'bvTe- 
 
 part, and R. P. then of, &c. since deceased, of the other part. It is mise from 
 witnessed that in consideration of the sum of £800 sterling money, p. for se- 
 therein expressed to be paid to the said T. E. by the said E. P. and ^/Iq? 
 which was in fact so paid, and the receipt whereof the said T. E. did 
 thereby acknowledge, he the said T. E. did grant, bargain, sell, and 
 demise unto the said R. P., his executors, administrators, and assigns. 
 All that, &c. To hold the same unto the said R. P., his executors, 
 administrators, and assigns, from the day of the date thereof, for the 
 term of 900 years from thence next ensuing, and fully to be complete 
 and ended, subject, nevertheless, to the proviso in the said indenture 
 contained, for redemption of the same premises, and making void the 
 said term of 900 years, on payment by the said T. E., his heirs, exec- 
 utors, administrators, or assigns, unto the said R. P., his executors, 
 administrators, or assigns, of the sum of £800, with lawful interest for 
 
 the same, at or upon the day of 1814 ; As by the 
 
 said indenture now in the possession of these defendants, and to which 
 they crave leave to refer for greater certainty, as to the tenor and J^'^^ '^'^' 
 contents thereof when produced, will appear ; And these defendants made in 
 further say that default was made in payment by the said T. E. of the that"R.V. 
 said sum of £800 and interest at the time in the said indenture men- '^^"'^^ ^^^^'- . 
 
 7 " /. , . 1 1 t'^A" made a 
 
 tioned, for payment thereof, whereby the said estate and premises will and ap- 
 became vested absolutely at law in the said R. P. for all the then ^efendlntf 
 residue of the said term of 900 years therein ; And these defendants executrix 
 
 further say that the said R. P. departed this life on the tor 
 
 (Jay of , having previously duly made and published his last ^'"^ ""f' 
 
 will and testament in writing, bearing date the ■ day of , the same; . 
 
 19* 
 
222 EQUITY PRECEDENTS. 
 
 CH. IX. 1812, and thereby appointed them, these defendants, executrix and 
 
 that T E executor thereof, and that on the day of , 1818, they, 
 
 paid to these defendants, duly proved the same^in the Consistory Court of the 
 
 part of the' diocese of H., and are thereby become the legal personal representa- 
 
 £800, with tives of the said R. P. deceased, as to the term and premises ; And 
 
 all arrears ' ^ 
 
 of interest, these defendants further say that the said T. E. did on the 
 
 the execu- day of pay to these defendants as such executrix and exec- 
 
 '■■'? °.f {'• ^- utor as aforesaid, the sum of £400, part of the said principal sum of 
 
 est to 1820. £800 so due and owing to the said R. P. deceased, together with the 
 
 Statement arrears of interest thereon, and that M. F. E. the executrix of the 
 
 of the a- 
 
 mount due said P. E. deceased, did after the decease of the said T. E. duly pay, 
 
 pri^aViTia- '^^ cause to be paid unto these defendants, all arrears of interest upon 
 
 terest; the remaining sum of £400 up to the day of — ■ , 1820 ; 
 
 that at the . , , , ,. i p , , , . -, 
 
 time of the And these defendants further say that there now remams due and 
 
 of m"'""^ owing to them as such executrix and executor as aforesaid, upon or 
 
 mortgage by virtue of the said indenture of mortgage of the day of 
 
 sistedupon ; 1813, the principal sum of £400, together with the sum of 
 
 ^*™S ':he £ fpj. interest thereon, at the rate of £5 per cent, per annum 
 
 livered up from the said 3d day of August, 1820 ; And these defendants further 
 
 which T. say they have been informed, and believe it to be true, that at 
 
 ?• P\°"^ the time of the execution of the said indenture of mortgage, bearing 
 
 bat after-' date the 3d day of February, 1813, the said testator R. P. insisted 
 
 fused. " upon having the title deeds and writings relating to the said estate 
 
 Deny that called Little C. delivered over to him, and the said testator T. E., 
 
 «Ss intend- pretending that the same were not then in his possession, promised to 
 
 ed in not deliver them up in a few days, but that he neglected to fulfil such 
 
 deeds de- promise, and refused at any time afterwards to deliver theni up, when 
 
 ^'Til^fth^' requested so to do by the said R. P. ; And these defendants deny that 
 
 ■mere left any fraud was ever intended by the said R. P. in not having such 
 
 p°ose.of'im- title deeds and writings delivered up to him, or that the same were 
 
 posing on go left in the hands of the said testator T. E. for the purpose of im- 
 
 the plain- . i . n i . , 
 
 tiff, or per- posmg upon the said complainant, or any other person, or of permit- 
 
 E.io obtain ^™S ^he said -testator T. E. to obtain any further sums of money on 
 
 further the security of the said premises ; And these defendants submit to the 
 
 subm'it^° judgment of this Honorable Court whether they as the legal personal 
 
 the defend- representatives of the said testator R. P. are not for the reasons afore- 
 
 ants are not ^ 
 
 entitled to a said, entitled to the said estate and premises called Little C, and to 
 
 to ar*^"^ have the said principal and interest so due to them as aforesaid paid 
 plaintiff, in preference to the said complainant ; Or in case this Honorable 
 whether'' ^°"''' ^^^^^ ^^ °^ opinion that the said complainant is entitled to the 
 they ought said mortgaged premises, and to be paid all arrears of principal and 
 permitted interest in preference to these defendants by reason of the title deeds 
 to redeem hieing delivered over to him by the said testator T. E., and which 
 these defendants allege was a fraud by the said T. E. upon the said 
 
ANSWERS. 223 
 
 R. P., whether they ought not to be permitted to redeem the said CH. IX. 
 complainant, and to have possession of the said mortgaged premises 
 and of the title deeds and writing relating thereto delivered up to 
 them in case the said defendant T. E. shall make default in payment 
 to the said complainant at the time to be appointed by this Honorable 
 Court ; And these defendants deny, &c. (see form No. GXLIV. p. 
 187.) 
 
 CLXXVn. Answer to a bill for tithes by a vicar against the occupier of an 
 ancient farm ; the defendant asserting that the farm was part of a dis- 
 solved abbey which came into the hands of the Crown in the reign of 
 Henry the Eighth, and was from time immemorial held exempt from 
 great tithes ; that some of the small tithes were covered by moduses, and 
 that agistment tithe was never paid, and submitting to account for what 
 is due in respect of other small tithes. 
 
 (For the title see form No. OXXIX. p. 152.) This defendant, &c. Knows not 
 
 {see form No. GXL. p. 184,) saith he doth not know or believe that ^g'^'l'jfai- is 
 
 the vicar for the time being of the vicarage and parish church of M. entitled to 
 
 T., in the county of Y., hath at any time been entitled to have and great and 
 
 receive, to his own use, the tithes both great and small of the several ^^^I'l ^'^- 
 ' ' "^ _ cept as ap- 
 
 titheable matters and things from time to time arising, growing, in- pears from 
 creasing, and renewing within the said vicarage, and the titheable , , ., 
 places thereof, except as in the said bill excepted, or other than as that the 
 hereinafter is mentioned, so far as applies to the farm and lands became va- 
 which are occupied by this defendant. '==|'"'- 
 
 Saith he believes it to be true, that the said vicarage became piaj'nti'ff 
 vacant by the death of the preceding incumbent, at or about the time was duly 
 in the said bill mentioned; and that the plaintiff" was shortly after- andinduct- 
 wards duly and lawfully presented, instituted, and inducted into the soon"ftg|, 
 vicarage and parish church of M. T. aforesaid, and that he might duly quali- 
 soon after his induction duly qualify himself to act and officiate as self, and 
 vicar thereof, and that he hath ever since acted and officiated, and "^^' J^®, 'f 
 
 ' _ ' entitled to. 
 
 now acts and officiates in the cure of the said vicarage, and that he all such 
 may be well entitled to have, take, and receive to his own use, from former vio- 
 the death of the last incumbent, all such tithes and payments in lieu ars were 
 
 n • / 1 • n • 1 entitled to. 
 
 of tithes, as his predecessors, the former vicars or the said parish Admits 
 were lawfully entitled to have, take,, and receive within the said par- 'hat de- 
 ish, and the titheable places thereof. cupies an 
 
 Saith he admits it to be true that from and since the day farm!°' 
 
 of , this defendant hath held and occupied, and still holds and 
 
 occupies within the said vicarage and the titheable places thereof; a 
 
224 EQUITY PKECEDENTS. 
 
 CH. IX. certain ancient farm called or known by the name of C. G. farm, 
 
 consisting of a farm-house, and outbuildings, and acres of 
 
 land or thereabouts. 
 
 Saith that Saitli that the said ancient farm was at the time of the dissolution 
 
 was p^aroel of the late dissolved abbey of F., in the county of Y., and from time 
 
 of a clis- ^Q tjjjjg a,nd all times from time whereof the memory of man is not 
 
 solved ab- t i n i_i 
 
 bey and to the contrary, had been parcel of the said late dissolved abbey, and 
 
 the"hands ^^'■^ '^^ ^^^^ °f ^^^ possessions of the said late dissolved abbey, 
 
 of King which was one of the greater abbeys, and had possessions of the 
 
 VIII. value of £ a year, was given and surrendered unto and came 
 
 into the hands of his late Majesty, King Henry VIII., under and by 
 
 virtue of the act of parliament, made and passed in the 31st year 
 
 of the reign of his said late Majesty, intituled " An act for the disso- 
 
 And be- " lution of monasteries and abbeys." And this defendant believes that 
 
 from time from time to time and at all times from time whereof the memory 
 
 '™wl"°' of man is not to the contrary, down to and at the time of the disso- 
 rial the •" 
 
 same was lution of the said late dissolved abbey of F., the said ancient farm 
 
 abbey ''di's-^ was holden and occupied by the said late dissolved abbey discharged 
 
 charged of and acquitted of, and from the payment of all great tithes ; and that 
 
 tithes, by means thereof, and by force of the said late act of parliament 
 
 diloharged passed in the 31st year of the reign of his said late Majesty, King 
 
 therefrom. Henry VIII., the said ancient farm continued to be and hath ever 
 
 since the passing of the said last-mentioned act of parliament been 
 
 and now is discharged and acquitted from the payment of all great 
 
 tithes. 
 
 Saith that Saith that from time whereof the memory of man is not to the con- 
 
 immemo- ^''^ry, there hath been paid and payable, and of right ought to be 
 
 rial, the paid to the vicar for the time being of the said vicarage and parish of 
 
 moduses M. T. aforesaid, by the occupier or occupiers for the time being of 
 
 haveljeen ^^® ^^'"^ ancient farm, the several moduses hereinafter stated ; (that 
 
 payable to is to say,) yearly at the sum of for every milch cow ; 
 
 lieu of and the sum of for every gelt cow kept and fed upon the said 
 
 some of ancient farm, in lieu of the tithe of milk ; and also at the ' 
 
 the small 
 
 tithes. sum of for every foal yielded and brought forth upon the said 
 
 ancient farm, in lieu of the tithe of foals ; and also at the 
 
 sum of for every hive of bees kept on the said ancient farm, 
 
 in lieu of the tithe of honey and beeswax ; and also at the 
 
 sum of for every person in the family of such occupier or 
 
 occupiers, who did or ought to receive the holy communion, in lieu of 
 
 Easter oflferings ; and on day the sum of for every 
 
 householder on the said ancient farm, in lieu of the tithe of poultry 
 
 and eggs. 
 
 Believes that the vicar for the time being is entitled to have and 
 
 receive in kind all other the small tithes (except the tithes of agist- 
 
ANSWBES. 225 
 
 ment) arising, growing, renewing, and increasing in and upon the said CH. IX. 
 ancient farm. Believes 
 
 Saith he admits it to be true that he hath since the said day that he is 
 
 of , grown, cut, and carried from off the said ancient farm, receive all 
 
 considerable quantities of wheat, barley, oats, beans, and other grain j'^'j^^'^ g^_ 
 and hay, without setting out the tithe thereof, or making any satis- cept agist- 
 faction to the plaintiff for the same, or any part thereof, inasmuch as Admits 
 for the reasons aforesaid, no tithe was due to the plaintiff in respect *** ^^ ^^^ 
 
 ' jr w r grown 
 
 thereof, the same being great tithes ; and defendant for the same wheat, &c. 
 reason hath not herein set forth an account of such corn, grain, or getting out 
 Ijay. ^1^6 tithes, 
 
 ri . , , . , » . 1 tlis plaintiff 
 
 Saith that in the month of , this defendant paid to , not being 
 
 the agent of the said plaintiff, the sum of £ , in full satisfaction ^ai'th^that 
 
 for all small tithes and moduses in lieu of such tithes due to the said be paid the 
 
 7 • • /T» , . . , tithe agent 
 
 plaintiff up to : and the said then accepted the said all small 
 
 sum of £ , on the part of the said plaintiff, in full satisfaction jjioduse" 
 
 of all such small tithes and moduses up to , and gave this who gave a 
 
 , receipt for 
 defendant a receipt for the same, as for one year s tithes due to the the same. 
 
 said plaintiff at then last. 
 
 Saith that the pasture lands of his said farm consist of States the 
 
 acres, or thereabouts, of the yearly value of per acre, as he ^f j^jg farm, 
 
 computed the same, and that from to , there was bred ^j^j'Jg"^]^ 
 
 upon his said farm, calves, pigs, and geese, and matters not 
 
 that fleeces of wool, of the value of , or thereabouts, ^q™™"^ 
 
 are due to the plaintiff, for or in respect of the tithe of wool arising 
 on the said farm during the same period, but that no lambs were bred 
 thereon. 
 
 Saith that he had growing upon his said farm in that year, 
 
 acres of turnips, which he computed to be of the value of £ 
 
 or thereabouts, and that from the middle of the month of to 
 
 the middle of the month of in the said year , he depas- 
 tured upon his said farm two years old heifers, and two 
 
 years old steers, together also with • sheep. 
 
 Saith that to the best of his recollection and belief, he had not be- 
 tween and , growing, renewing, arising, or increasing 
 
 upon his said farm and lands in his occupation in the said parish of M. 
 T. or the titheable places thereof, any titheable matters or things, ex- 
 cept as aforesaid. Believes 
 
 Saith that he believes that none of the vicars of the said parish ever that none 
 received any tithe of agistment within the said parish, or any satisfac- ars ever 
 tion for the same ; and he therefore submits and humbly insists that ^®'j®j'™'^^t 
 the vicars of the said parish are not entitled to any tithe of agistment tithe, and 
 arising within, upon, or from his said ancient farm, or any satisfaction that™the 
 for the same. S'eS 
 
 Saith that he hath not since the day of , had more thereto. 
 
226 EQUITY PRECEDENTS. 
 
 CH. IX. than persons in his family, for whom Easter offerings were or 
 
 States in are payable, and that he paid and rendered to the Rev. , the 
 
 respect of curate and agent of the plaintiff, the Easter offerings which were due 
 
 ■whom ° „-■ •" -,-r-., lu 
 
 Easter of- at Easter, , Easter , and Easter , as the same 
 
 payfbC^ became due and payable, and that by the immemorial usage and cus- 
 
 and that ^om of tjje said parish only is due from each such person 
 
 the same , ^ -r-. «> • 
 
 were paid, yearly for Easter ofiermgs. 
 
 aot'ount'fOT Saith that he is and at all times hath been ready and desirous to 
 what is due account for and pay to the 'plaintiff what is due to him for the 
 of tuhes! tithes arising upon, or from, or due, or payable, in respect of his said 
 farm. 
 
 CLXXVIII. Answer of the East India Company to a bill by a lay impro- 
 priator, claiming tithes or customary payments in lieu of tithes, in respect 
 of warehouses, &c. held or occupied by the defendants, they .denying his 
 right thereto. 
 
 Admit These defendants, &c. {see form No. CXL. p. 184,) say they have 
 
 that plain- heard and believe that the s&ii plaintiff is, now seised of or entitled to 
 
 of the im- the impropriate rectory of in the said bill mentioned, but how 
 
 propriate j^j, jjg ^^^^y been seised of or entitled to the said rectory, or whether 
 
 rectory, but => • i /^ t i 
 
 cannot or not from the year or from any other time, defendants know 
 
 whsrt peri- no' nor can any how set forth, nor do they know, nor can they set 
 
 ""h th' h fo*""^' save as after-mentioned, whether or not plaintiff as such impro- 
 
 is entitled priator or impropriate rector or otherwise, is or not now or hath not 
 
 ^° y^tiThes since the said year or any other time, been entitled to have, 
 
 or customa- receive, or enjoy for his own use any tithes, rates for tithes, sums, or 
 
 meuts. customary payments, or other duties in lieu of tithes, for the houses, 
 
 shops, warehouses, cellars, stables and other buildings of the citizens 
 
 and inhabitants of that part of the said parish which lies within the 
 
 city of L. and the liberties thereof as in the bill stated or otherwise. 
 
 a\'t™/pa?- Admit that such adt of parliament as in the bill mentioned was 
 
 Uament, made and passed in the reign of his late Majesty King Henry VIII., 
 
 cree as set and that such decree as in the bill set forth was niade in pursuance of 
 
 forth m the ^^ g^j^ ^p(, ^f parliament, though defendants for greater certainty 
 
 as to particular contents of said act and of said decree, crave leave to 
 
 refer thereto when produced to this Honorable Court. 
 
 Admit that Admit that they have ever since the year occupied and do 
 
 they are oc- ^lo^ occupy and are the owners of several stacks of warehouses and 
 
 cupiers and „ 
 
 owners of dwelhng-houses, for their warehouse-keepers and servants, and waste 
 
 various 
 
 buMings ground, situate in or near G. L. and H. A., all which are in that part 
 
 f the said parish of , which is within said city of L., and was 
 
 uilt by defendants. 
 Say that having built and they themselves being the owners of said 
 
ANSWERS. 227 
 
 warehouses and dwelling-houses they do not now nor ever did hold CH. IX. 
 
 the same or any part thereof under any yearly or other rent or for any g ^j^^^ 
 
 consideration in the nature or in lieu of rent, nor hath any yearly or tliey being 
 
 other rent or any consideration in the nature or in heu of rent at any not hold 
 
 time been paid for the said warehouses, dwelling-houses, or ground, "n<l«i" a-ny 
 ■^ ' p ' o I rent; be- 
 
 thougli defendants say they do apprehend and believe that certain lieye that 
 dwelling-houses, or some edifices or buildings, were formerly erected ;j|'™j,|.jj]j|j'" 
 and did stand upon the site of or upon the same pieces or parcels of "P"" 'he 
 land or ground on which defendants' said warehouses and dwelling- cient mes- 
 houses have been since erected or built, and do now stand as afore- suages, and 
 
 ' that some 
 
 said, and that some yearly or other rents or payment in the nature of rents were 
 
 rents were reserved or made payable for or in respect of such dwell- p°a™bii' 
 
 ing-houses or other edifices and buildings, or the ground on which the but the 
 
 1 , , ^ , houses 
 
 same stood, but they are unable to set forth as to their knowledge or beiiigoccu- 
 
 otherwise what such rents or payments were, or whether they were ^'^^^ ^j._ 
 
 paid or not, except that they say they have always understood or sons, be- 
 : 11 ,1- 1 lieve that 
 
 believed, and do now understand or believe, that such nouses or no rents 
 
 buildings were inhabited or occupied by persons of very low descrip- ^^?J ^^'"^'"^ 
 
 tions and necessitous circumstances, and therefore not likely to pay 
 
 or make good any rents or payments whatever in respect thereof. 
 
 Say they do not now inhabit or occupy, nor have they inhabited or 
 
 occupied since the said year or during any part of that time do not in- 
 
 any messuages or dwelling-houses, warehouses, yards, sheds, wharves, jjouserXo. 
 quays, stables, or other edifices, buildings, and premises situate save as 
 within that part of the said rectory and parish which is in the city 
 of L., or the liberties thereof, save as aforesaid. 
 
 Say they are advised and humbly insist that plaintiff as the lay im- j^sht that 
 
 nropriator of said parish or rectory is not entitled under or by virtue plaintiff as 
 '^ .,1 • 1 1 '^y unpro- 
 
 either of the act of parliament or the decree m bill mentioned or other- priator is 
 
 wise to any tithes or yearly or other payments in the nature or in lieu ""'^n"""® 
 
 of tithes for or in respect of the said warehouses and dwelling-houses tithes or 
 
 of defendants or any of them, inasmuch as they have also been nients. 
 
 advised and do conceive that said act of parliament and the said - 
 
 decree were both made with a view to the clergy of L. and not to lay 
 
 impropriators, and there is not any custom to warrant the demand of 
 
 any such tithes or payments in lieu thereof. Admit that 
 
 Admit that having been so advised they have not paid, but on the refused to 
 
 contrary have refused to pay any sums or sum of money to plaintiff or pay plaiu- 
 
 to any person for his use since the year for or in respect of they have 
 
 tithes or dues for these defendants' said warehouses and dwelling-houses, ^^af tf hi's 
 
 or any of them, save and except that certain of their said warehouses right to 
 
 ., . , 1 7 • , '^r , • malse a de- 
 having been built previous to the year , and plaintiff having mand, and 
 
 in the month of < in that year, made a demand to be paid ™^™'^'.'_'^'^' 
 
 tithes thereon at the rate of in the pound on the yearly sum ments 
 
228 EQUITY PRECEDENTS. 
 
 CH. IX. of £ , such being as defendants believe the sum the said ware- 
 houses were rated as to the land-tax, and defendants not having 
 
 which they , . . ^ , i 
 
 made pre- sufficiently investigated the right of plaintiff to make such demand, 
 
 wer^'made defendants did then submit to make such payment to plaintiff and 
 
 in their ^jjey have continued to make the same up to last ; but they 
 
 own wrong, •' „.,.., , iiiiu i 
 
 and that do for the reasons aforesaid msist that such payment hath been made 
 
 no7bound in their own wrong and through ignorance of their own rights, and are 
 
 to continue therefore not bound to continue the same for the future, 
 the same. 
 
 CLXXIX. Answer to a bill by a rector, and his lessee for arrears of tithes 
 — three of the defendants had carried on the business of brewers in 
 partnership, which was dissolved as to one, and another defendant admit- 
 ted a partner ; (the other defendant occupying a house and garden as their 
 clerk ;) the defendants admit the plaintiff's title, and set forth the accounts 
 required as far as they are able, but insist upon a composition which had 
 been paid annually in Heu of tithes as binding upon the plaintiffs. 
 
 A supplemental answer was afterwards filed by three of the defendants by 
 leave of the Court, to explain and correct several mistakes made in setting 
 out the accounts ; {vide post, p. 235.) 
 
 The joint and several answer of W. P. T., J. S., E. W., R. T., 
 and W. H., defendants, to the bill of complaint of the Rev. F. W. B., 
 
 clerk, and C. E. complainants. 
 
 Admit that These defendants, &c. {see form No. OXL. p. 184) severally 
 
 was duly answering, say they admit it to be true that the said complainant 
 
 and induct- ^- ^- ^v was at or about the time in the said bill in that behalf 
 
 ed, and is mentioned, duly and lawfully presented, and instituted, and inducted 
 
 rector, and to and into the rectory and parish church of S. M., in the said bill 
 
 as rector mentioned, and that he has ever since been, and is now the true and 
 
 entitled to ' . 
 
 all tithes lawful rector thereof, and that as such rector he became entitled to 
 
 fmaii -^""^ ^li the tithes both great and small of the several titheable matters 
 
 and things growing, renewing, arising, or increasing within the said 
 
 rectory and parish, and the titheable places thereof; and these 
 
 admit that defendants further severally answering say they do not know of their 
 
 the tithes o™ knowledge, but they have heard, and believe it to be true, that 
 
 was grant- Jq gr about the month of May 1813, the said complainant F. W. B., 
 
 B. to C. E. did duly demise to the said complainant C. E., the several tithes 
 
 arising within the said rectory, or parish, for the term of fourteen 
 
 years from the 25th of March 1813, if the said complainant F. W. B. 
 
 should so long live and continue rector of the said parish, and that 
 
 that such in or about the month of June 1818, the said alleged lease was sur- 
 
 leasewas rendered by the said complainant C. E., to the said complainant 
 
 surrender- F. W. B., and that the said last-named complainant did thereupon 
 
ANSWERS. 229 
 
 duly grant another lease of the said tithes of the said complainant CH. IX. 
 C. E,, for the term of twenty-one years from the 25th of March ed, and a 
 1818, if the complainant F. W. B. should so long live and continue "ew lease 
 rector of the said parish, and that such last-mentioned lease is still yhich is 
 subsisting ; And these defendants further severally answering say gisti^g. " 
 they admit it to be true that in and previously to the said year 1813, admit that 
 these defendants, W. P. T., J. S., and E. W., did hold and occupy a ants W. P. 
 certain farm and lands hereinafter mentioned, within the said rectory ^•' '';,^;' 
 
 _ ' . •' and E. W. 
 
 and parish, or the titheable places thereof, in copartnership, and that occupied a 
 they did continue from thenceforth so to occupy the said farm and ]a™s ^ntii 
 lands until the month of October 1820, and that this defendant, October 
 
 ' ' 1820, 
 
 E. W. did then retire from the said copartnership and cease to occupy when E. W. 
 the said farm and lands, and that upon this defendant E. W.'s retiring JJ^e'defend- 
 from the said concern, this defendant R. T. was admitted a partner ant R. T. 
 in the said concern, in the place of this defendant E. W., and that ted a part- 
 these defendants W. P. T., J. S., and R. T., did from thenceforth "«'" i 
 hold an^ occupy the said farm and lands in copartnership together, l^^^^ ^^^^ 
 and that the said farm and lands were previously to and until thefa^^rKl 
 latter end of the year 1813, fifty-seven acres, two roods, and thirty until 1813, 
 perches, exclusive of plantations and buildings, but including the acres^ tlvo 
 gardens occupied by the defendants as herein stated ; and in the roods, and 
 latter end of the year 1813 these defendants W. P. T., J. S., and perehes 
 E. W., purchased an additional piece of land, whereby the whole of jy'"^" addi- 
 their titheable land was increased to sixty-seven acres and eighteen was pur- 
 perches, but the said quantity was reduced within the last two years the qiiantl- 
 by new plantations and several large ponds ; And these defendants 'y since re- 
 W. P. T., J. S., E. W., and R. T., further severally answering say plantations 
 they deny that these defendants, or any or either of them had during j^env^hav-' 
 the respective times in the said complainant's bill in that behalf stat- ing grown 
 ed, growing upon, and took from off, the said farm and lands divers or clovei" and' 
 any quantities of wheat, barley, and oats, and other corn and grain, g™sses, 
 and that they or any or either of them had in each year during the 
 time aforesaid growing upon and have taken off the said farm and 
 lands divers or any quantities of wheat, barley, and oats, and. other 
 corn and grain, or divers or any quantities of clover and other arti- gra^s^g'J^own 
 ficial grasses, but these defendants admit that they have had during and made 
 the time aforesaid, divers quantities of grass which they mowed and deny hkv- 
 made into hay ; And these defendants severally deny that they did in ^f^^jj^^ 
 any or either of the years of such their respective occupations enter under- 
 upon and take off from the said farms and lands, divers or any quan- ^^^^ f^,. ].^_ 
 titles of wood and underwood, excepting for the purpose of repairing P^n-sj deny 
 the fences upon the said farm ; And these defendants severally deny grown tur- 
 that they, or any, or either of them, had growing upon, and did take to^'P"'"" 
 from off their said lands in any, or either of such years, divers or seeds; 
 20 
 
230 EQUITY PRECEDENTS. 
 
 CH. IX. any quantities of turnips and potatoes, flax, hemp, cole seed, mustard 
 
 seed, turnip seed, or . other kinds of seeds ; And these defendants 
 
 admit hav- admit that they had respectively in each of such years upon their 
 
 cows ®^'*^ ^^'"^ ^""^ lands, such milch cows as hereinafter stated, which 
 
 produced great quantities of milk, and such number of cows which 
 
 have produced such calves as hereinafter stated, but these defendants 
 
 but deny deny that during the period aforesaid, they, or any, or either of them 
 
 having had have, or hath had upon their said farm and lands, any sows, or any 
 
 sows or 1.11 111 .. 
 
 mares pro- mares wpich have produced colts, or a colt, excepting in the year 
 
 vouiw ex- 1821, when they had a mare which produced one colt only; And 
 1S91 '" these defendants deny that they, or any, or either of them have or 
 "one oolt hath during the period aforesaid, kept upon their said farm and lands, 
 diioe?™ de- ^"7 sheep or any ewes which have produced lambs, excepting that in 
 ny havmg the latter end of the year 1820, they kept about one hundred ewes, 
 sheejj, ex- which last year produced about one hundred Iambs only, and which 
 1820 'when ewes were duly shorn in the year 1821, but about sixty-two only of 
 they had the said ewes were shorn in the year 1820, and such ewes produced 
 dred ewes Such quantities of wool as herginafter stated ; And these defendants 
 duced one" "^^"7 ^^^^ ^^^7 "'^ ^"J "^ either of them have, or hath had upon their 
 hundred said farm and lands during the period aforesaid, any turkeys, duoks, 
 Deny hav- geese. Or other fowls ; And these defendants further severally 
 ing had tnr- answering say that during the period aforesaid, they respectively 
 Say that occupied part of the aforesaid lands as gardens for their own private 
 huid was '^ "®®' which produced them vegetables and fruit for their families, but 
 occupied as believing and fully understanding that the said complainant C. E. 
 which pro- had accepted and taken a composition for all the titheable matters 
 etTblesTol' ^^^ things, arising, growing and increasing upon their said farm and 
 their fami- lands, these defendants did not keep any account of the vegetables 
 which they ^^d fruit growing upon the same as aforesaid, and they are totally 
 kept no ac- unable to set forth any account thereof; and these defendants deny 
 deny hav- that they or any or either of them did in each or either of such years 
 barren'^oat- ^S^^^ ^""^ depasture upon the said farm and lands, any barren and 
 tie, except unprofitable horses, mares, geldings, bullocks, oxen, steers, sheep, or 
 stated. Other barren and unprofitable cattle excepting as hereinafter stated-; 
 they 'oar- -^^^ ^^^^^ defendants say that during the period of their occupation 
 ried on the of the said farm and lands as herein stated, they have carried on the 
 brewers, trade or business of brewers, and for the purposes of their said 
 purpos'e?* *''^''^' ^^""'^ ^®P' ^™°^ sixteen to eighteen horses in each year, but 
 thereof the whole of such horses were kept in the stable and fed on hay, 
 whi'cl^were excepting when any of them were sick, when these defendants caused 
 't^^b'e"ex''^ such horses to be turned out and depastured for a few days only, but 
 cept when these defendants cannot otherwise than as herein stated, set forth the 
 they were" ^^u^l^er of their said horses so depastured, or any further particulars 
 turned out relative thereto ; And these defendants deny that they or any or either 
 
ANSWERS. 231 
 
 of them have or hath had in any or either of such years growing CH. IX. 
 upon, and have taken from off their said farm and lands, any other and depas- 
 titheable matters and things than as hereinbefore stated; And these '^'"®''', 
 defendants W. P. T., J. S., E, W., and R. T., further severally ingYadany 
 answering say they admit it to be true that these defendants W. P. T., abfg mat-^' 
 J. S., and E. W., did previously to the year 1813 convert into a gar- ters; 
 den, and did from the said month of May, 1813, up to the month of by four de- 
 October, 1820, occupy as a garden, certain lands within the said [^^t ftree 
 rectory or parish adjoining to a dwelling-house occupied by this of them did 
 defendant "E. W., as one of the partners in the said first-mentioned occupy as a 
 copartnership, but such garden formed part of the farm and land garden cer- 
 aforesaid, and that this defendant E. W., but neither of these other and that E. 
 defendants, did during the time aforesaid, have and take from off the the'othe°°'' 
 said last-mentioned lands divers quantities of garden stuff and fruit defendants, 
 as hereinafter stated ; And these defendants W. P. T., J. S., and from gar- 
 E. T., further severally answering say they admit it to be true that "^^ ^'"^. 
 they these defendants have from the said month of October, 1820, Admission 
 to the present time, and do now occupy by means of the said other defendants 
 defendant W. H., their traveller and clerk, the said house and gar- 'hat they 
 
 ' . ° by their 
 
 den, and that the said defendant W. H., hath, but neither of these traveller, 
 other defendants have, from the said month of October, 1820, taken ^^j® ^y ^ 
 upon and from off the said last-mentioned lands, divers quantities of l'?'^® 9'^'^"" 
 garden stuff and fruit ; .And these defendants severally deny that they 1820 the 
 or any or either of them have or hath during the time in the said bill de™\nd^" 
 mentioned, converted into garden ground, any land within the said that W. H. 
 rectory or parish, other than such land as herein particularly men- from gar- 
 tioned ; And these defendants W. P. T., J. S., E. W., and R. T.. de>; stuff 
 
 ' ' ' and fruit; 
 
 further severally answering say they deny that they or any or either Deny that 
 of them have or hath in any or either of the years from the said converted 
 month of March 1813, to the present time, held and occupied, or do any other 
 
 . ^ ' land into 
 
 now hold and occupy divers or any lands contiguous or near to the garden 
 said last-mentioned lands or elsewhere within the said rectory or fbat'they"'^ 
 parish of S. M. aforesaid, or the titheable places thereof, or any lands have occu- 
 in any other parish; And this defendant W. H., further answering oooupy any 
 saith he admits it to be true that he this defendant as the traveller °^^f 
 
 lands; 
 
 and clerk of the said other defendants W. P. T., J. S., and R. T., Admission 
 
 hath ever since the month of October, 1820, held and occupied, and ^^^^^ ^,'3 gg. 
 
 doth now hold and occupy the hereinbefore-mentioned garden, situ- cupied the 
 
 • 1 , 1 1 1 ^ ^'^'d garden 
 
 ate within the said rectory or parish, or the titheable places thereof, and took 
 
 and that he hath in each year of such his occupation, had growing Lrdm stuff 
 
 upon, and has taken from off the said lands divers quantities of gar- and fruit, 
 
 den stuff and fruit, which this defendant consumed in his family, but consumed 
 
 this defendant never kept any account thereof, and therefore cannot j." ^}^ "^""^^ 
 
 set forth any particulars thereof or relative thereto ; And all these of which no 
 
232 EQUITY PRECEDENTS. 
 
 CH. IX. defendants further severally answering say they admit it to be true, 
 
 account that the tithes of the several titheable matters and things in the said 
 
 was kept; complainant's bill mentioned as aforesaid, if the same had been duly 
 Admit that ^ , , ., ^.,/~lT•^ iii i 
 
 the tithes set out and rendered to the said complainant C. E., would have been 
 
 eral'tithea- 0^ considerable value, but of what value these defendants for the rea- 
 ble matters gons aforesaid cannot set forth ; And these defendants further sever- 
 duly set ' ally answering say they admit it to be true that they these defendants 
 
 out, would (j;^ jjQ( jjQj, jj^ j^j,„ Qj. either of them set out the whole of such tithes 
 
 have been ' *' . 
 
 of consider- to the said complainant C. E., and that they have respectively con- 
 
 Admi™that verted the whole of such tithes during the period, and according 
 
 tliey did not to {{jg respective occupations of the said lands by these defendants 
 
 set out the ^ '• r ^ ^ • r- 
 
 whole of as aforesaid, to their own use for the reasons hereinaiter stated ; 
 
 ancHhat'*'''' -^^^ ^^^^ defendant W. H. admits it to be true that he hath never 
 
 they con- made any compensation for the tithes aforesaid, possessed by him or 
 
 same to for any or either of thera, by reason that he this defendant having 
 
 their own occupied the said garden as aforesaid, as the clerk of the said other 
 
 saith that defendants, he this defendant considered and believed that the 
 
 ing the "gar- said Other defendants W. P. T., J. S., and R. T., had made a 
 
 ''f"w th compensation or satisfaction for such tithes to the said C. E. ; And 
 
 other de- these defendants W. P. T., J. S., E. W., and K. T., further severally 
 
 believed' answering say they admit it to be true that they do respectively 
 
 that they allege that they have and they do severally insist that they have 
 had made ,,° , ■' . . ^ . , .. ,. 
 
 oompensa- duly made a compensation or satistaction to the said complainant 
 
 other de- ^' -^■' ^°^ ^^^ ^"'^ every the tithes of the said several titheable matters 
 
 fendants al- and things arising and growing, and taken by these defendants 
 
 sist that respectively from off the said farm and lands occupied by them 
 
 they iiave within the said rectory and parish, or the titheable places thereof, and 
 
 oompensa- including all the said garden, up to the 25th day of March, 1821, 
 
 tithes°up to ^'^^ these defendants severally say that in the year 1813, these defend- 
 
 March ants W. P. T., J. S., and E. W., understanding and believing that 
 
 1821, and , . , , . !-, -r^ , i -, , • , p , . , 
 
 say that be- the Said complainant O. hi. had rented the tithes ot the said rectory 
 f'^TI^h ^' ^^ parish from the said complainant F. W. B., applied to the said 
 rented the C. E. to know what he demanded by way of compensation or satis- 
 agreed with faction for the aforesaid tithes, when the said C. E. proposed to, 
 him to pay these defendants to take and accept the sum of £11 by even half- 
 
 him i£H. , , . . . „ . „ 
 
 for one yearly payments by way ot compensation or satisfaction for their said 
 
 wi'' aid°^ *'''^^®® ^™™ *'^® ^^* ^^7 °^ March, 1813, to the 25th day of March, 
 
 1814, and these defendants having agreed thereto, accordingly paid 
 
 the said C. E. the said sum of £11 by equal half-yearly payments; 
 
 „ , And these defendants W. P. T., J. S. and E. W. having afterwards 
 A small ad- ° 
 
 dition hav- made a small addition to the land in their occupation within the 
 
 mfde'^to ^^^^ parish or the titheable places thereof, the said C. E. himself pro- 
 
 their lands, posed to and demanded of these defendants the sum of £13 10s. as a 
 
 sition was composition or satisfaction for all and every the tithes of the several 
 
ANSWERS. 233 
 
 titheable matters and things arising, growing, and taken, by them CH. IX. 
 from oiF the lands occupied by them within the said rectory and par- increased 
 ish or the titheable places thereof for the year commencing from the an(fcon«n- 
 25th day of March 1814, to the 25th day of March 1815, and these ued to be 
 defendants having agreed thereto accordingly, paid the said C. E. the Sn'ohael- 
 said sum of £13 10s. by equal half-yearly payments, and these defend- ™^^ i^^"' 
 ants duly paid the said sum of £13 10s. yearly and every year to the 
 said C. E. as a compensation and satisfaction for all and every the 
 tithes of the several titheable matters and things arising, growing, and 
 taken by them respectively from off the said lands occupied by them 
 or any or either of them (and including all the said gardens) within 
 the said rectory and parish or the titheable places thereof, from the 
 said 25th day of March 1814, to Michaelmas 1820, excepting that on 
 Lady-day 1815 these defendants only paid the sum of £3 15s. for the ^ ™ne"hflf 
 half-year's tithe due and payable on that day in consequence of these year, when 
 defendants having in that half year let oflf considerable part of the were paid 
 lands previously and subsequently occupied by them as aforesaid to ^^ persons 
 divers other persons who paid the tithe thereof the proportion of which the lands 
 was settled and arranged by the said complainant C. E. ; And these jet, 
 defendants W. P. T., J. S. and U. T. further severally answering Payment 
 
 . ./ o niadeofcne 
 
 say, that having commenced partnership in the month of October half-year's 
 1820, as aforesaid, they these defendants duly paid to the said C. E. ^ou'tr'' 
 the sum of £5 15s. as a compensation and satisfaction for their tithes Lady-day 
 as aforesaid for the half year commencing Michaelmas 1820 to Lady- 
 day 1821, including the tithes arising from the said garden occupied 
 by the said other defendant W. H. as their clerk as aforesaid, and on 
 Michaelmas-day 1821 these defendants by their solicitor tendered the "> ."^j. 
 sum of £6 15s. to the said C. E. for their previous half-year's tithe Michaelmas 
 commencing at Lady-day 1821, up to Michaehnas-day 1821, when the half-"°ear's 
 said C. E. refused to receive the same, but did not at that time or previ- amount, 
 
 which C rl. 
 
 ously or subsequently thereto give these defendants or any or either of refused to 
 them any notice whatever of his intention, or that they were to consider ii-ave^no in*- 
 the said annual payment by way of compensation or satisfaction for timation 
 the tithes as at an end ; And all these defendants further severally composi- 
 answering say, they deny that the said complainants or either of tliem *'°" was to 
 have or hath frequently or at 'any times or time made such or the ered as at 
 like applications and requests to these defendants or to any or either Q^^^y appi;- 
 of them as in the said complainant's bill in that behalf stated in cations be- 
 respect of the matters therein stated, although theSe defendants sever- as stated in 
 ally admit that the said complainant C. E. hath written several letters t{jo„gii' "'" 
 to these defendants demanding a large sum of money for pretended they admit 
 arrears of tithes, but which these defendants refused to pay, consider- wr'ote sev- 
 ing the aforesaid composition paid to the said C. E. to be in lieu of ^f^J letters 
 all tithes payable by them in respect of the lands occupied by them large ar- 
 20* 
 
234 EQUITY PRECEDENTS. 
 
 CH. IX. respectively within the said rectory and parish or the titheable place 
 i-ejii-s of thereof, and that thereupon they were not bound to render to him 
 tithes. any account or any further payments as demanded by him in and by 
 
 Admit that gugh letters ; And these defendants further severally answering say, 
 not^entJred they admit it to be true that they have ngver entered into any agree- 
 into any laent or composition with the said complainants or either of them in 
 
 composi- ^ . • ^ 1 'J 1 J • 
 
 tion with respect of the tithes or any of them arismg from the said lands sit- 
 
 tiffs^for°he "ate within the said rectory or parish of S. M. aforesaid, or any of 
 
 lithesfrom them from the 25th of March 1823, or otherwise than as aforesaid, 
 
 March, but which payments or composition for tithes these defendants sever- 
 
 arbefore" ^^'^ submit and insist are binding upon the said complainants respec- 
 
 stated, but tively, and that the said complainants or either of them are or is not 
 
 the pay- entitled to any further payment or account in respect of the tithes 
 
 ments aforesaid during the period aforesaid from these defendants or any or 
 
 made are . " "^ •' , 
 
 binding on either of them ; And these defendants further severally answermg 
 
 tiffs? '"°' say, they admit it to be true that the lands in the said complain- 
 
 Admit that ant's bill in that behalf mentioned, are respectively situate within the 
 
 landTare ^^^^ parish of S. M. and not in any other parish, and that "they these 
 
 situate in defendants are as hereinbefore stated, the owners and occupiers of 
 
 of S. M., such lands : And these defendants, W. P. T., J. S., E. W. and K. T. 
 
 defendanta^ severally answering, say, that they have in the schedule to this their 
 
 are owners answer annexed, and which they pray may be taken as part thereof, 
 
 ers thereof, set forth according to the best of their judgment and belief a full. 
 
 Reference true, and particular account of all and singular the quantities of hay 
 
 ule for an which they have respectively had taken and received on, or from off 
 
 certain ^^^ said respective lands in each of the years aforesaid, or in any and 
 
 titheable which of them,* and of the value thereof in each of such years, and 
 matters ; « . 
 
 also a like account of the number of milch cows which they respec- 
 tively kept on their said lands or any part thereof in each of such 
 years, and of the quantities of milk produced by such cows in each 
 of such years, and also a like account of the number of cows which 
 they respectively had on their said lands or any part thereof in each 
 of such years, and of the numbers of calves produced thereby in each 
 of such years, and also a like account of the numbers of sheep shorn 
 by them or any or either of them on their said lands in each of such 
 D th t y^ars, and of the quantities of wool produced thereby ; And these 
 they have defendants severally deny for the reasons aforesaid that they or any or 
 subtracted either of them have or hath during the period in the said complain- 
 any titbes ant's bill and hereinbefore mentioned, withheld or subtracted from the 
 of the mat- /. i • i o 
 
 ters afore- said coinplamants any of the tithes of the several titheable matters 
 
 ^nsist^that aforesaid, and submit and insist that they are not liable to account to 
 
 they are not the said complainants or either of them for any of such tithes, or to 
 
 liable to ac- i . i ^ , ^ . 
 
 count. pay to them, or either 6i them, any sum or sums of money in respect 
 
 thereof; And these defendants severally deny, &c. (see form No. 
 
 CLIV. p. 187.) 
 
ANSWERS. 235 
 
 CLXXX. Supplemental answer filed by leave of the Court to explain and CH. IX. 
 correct mistakes made by three defendants in a former answer put in by 
 them jointly with other defendants to a bill by a rector and his lessee for 
 arrears of tithes ; {vide ante, p. 225.) 
 
 {For the title see form No. OXXIX. p. 182.) These defendants 
 now and at all times hereafter saving and reserving to themselves and 
 each of them all and all manner of benefit or advantage of exception 
 which can or may be had or taken to the many errors, uncertainties, 
 and other imperfections in the said complainant's bill of complaint 
 contained for supplemental answer thereto, or unto so much and such 
 parts thereof as these defendants are advised is or are material or 
 necessary for them or either of them to make any answer unto, these 
 defendants severally answering say, that by mistake in their said Say that 
 former answer they, these defendants respectively, stated that they ^ife "denfed 
 denied that they, or any or either of them had in any or either of the having held 
 
 Jinv lEinds 
 
 years frpm the month of March 1813 to the then present time, held contiguous 
 and occupied, or did then hold and occupy divers or any lands con- JjJenrioned^ 
 tiguous or near to the last-mentioned lands in the said complainant's i" the bill, 
 bill mentioned, or elsewhere within the rectory or parish of S. M. in that in 1621 
 the said bill mentioned, or the titheable places thereof, or any lands *'!®y "'"'": 
 
 ' r ' J pied certain 
 
 in any other parish, for these defendants severally say that in the lands for 
 month of June 1821 they, as copartners as in the said bill mentioned, oAeedin"?^ 
 entered into the occupation of certain lands in the said parish of S. sheep. 
 M. called T. and containing about twenty-six acres, for a temporary 
 occupation only, and for the purpose of feeding certain sheep then in 
 their possession; And this defendant W. P. T. further answering s,Jt;ii' and 
 saith, and these other defendants believe it to be true, that this '^^ °'^®^ 
 
 ' ' defendants 
 
 defendant W. P. T. hath in each and every of the years from the believe that 
 
 month of March 1819 to the present time held and occupied and now jferch" 
 
 holds and occupies individually certain lands and freehold property 1^19, held 
 
 X X .* certain 
 of his son the said E. T. within the said parish, and called B., con- lands the 
 
 taining about twelve acres, and that he the said defendant was also at ^-g sq!,'^ 
 
 the time of the filing of the said complainant's bill and had been for 
 
 several years previously thereto in the occupation of fourteen or fif- ^P'^ ^VaI 
 
 teen acres or thereabouts of land of his own freehold property in the ing the bill 
 
 parish of A., which parish adjoins the said parish of S. M. and which er'iaiids°of 
 
 last-mentioned pieces of land are described in the title deeds relating his own ; 
 
 thereto as follows, (that is to say) ; All that close, &c. &c., all which the title 
 
 said closes and lands lie adjoining together, and are situate lying and n^tln h''*' 
 
 being in the parish of A. aforesaid ; and this defendant W. P. T. own or in 
 
 saith that such title deeds are not now in his custody or power, defendants' 
 
 although the same lately were, nor are the same or any or either of possession. 
 
 them in the custody or power of the said other defendants or of any previously 
 
236 EQUITY PRECEDENTS. 
 
 CH. IX. or either of them ; And these defendants further severally answering 
 to 1821 A. say, they have been informed and believe it to be true that one A. A. 
 A. occupied ^^s the occupier of the said lands called T. for about ten years previ- 
 called'T., ous to Lady-day 1821, when he quitted the same, and that he during 
 pa?d*a com- ^'^ said occupation paid a composition of £2 18s. a-year by half- 
 position in yearly payments of £1 9s. to the said complainant C. E., in lieu and 
 tithes; in satisfaction of all tithes arising from the said lands called T., and 
 Say that that he duly paid the same up to Lady-day 1821, when he quitted the 
 pied Sie'^" occupation of the said lands ; and the said defendants say, that they 
 sanie until entered upon the occupation of the said last-mentioned lands in the 
 aftel-warils month of June 1821 as aforesaid, and remained in the occupation 
 haPcmiUn- thereof until Lady-day 1822, when they quitted the same, and J. D., 
 ued to pay the owner thereof, entered into the possession and occupation of the 
 sitiou; ' said last-mentioned lands, and as these defendants have been informed 
 and believe it to be true, has duly paid a half-yearly composition of 
 £1 12s. 9d. in respect of the said lands, and as a composition or sat- 
 tha™th isfaction for the tithes thereof from Lady-day 1822 aforesaid ; and 
 paid no these defendants severally admit that they have never paid any com- 
 tion for the position or satisfaction to the said complainants or either of them for 
 fu '"^* f ^u the tithes arising from the said lands called T., during their oceupa- 
 plaintiinot tion thereof as aforesaid, but severally say that the said complainants 
 malielmy ^^^'® "ot nor hath either of them made any demand upon these defend- 
 demand; ants or any or either of them in respect of the tithes of the said lands 
 called T., or for any sum or sums of money as by way of a com- 
 position or satisfaction for the same ; And these defendants severally 
 that they answering say, they admit to be true that they have never entered 
 ed^into"a'n'^ into any agreement or composition with the said complainants or 
 agreement either of them in respect of the tithes or any of them arising from 
 same. their said lands called T. aforesaid, or for any or either of them : And 
 
 Deny hav- these defendants further severally answering say, they deny that these 
 whel't°&o. defendants or any or either oi' them had during the time of such their 
 occupation of the said lands called T., growing upon and took from off 
 the said lands divers or any quantities [rfe«j/ having grown any wheat, 
 corn, hay seeds, S^c. Sfc. ;] and this defendant W. P. T. further 
 ^^"th th t answering saith, he hath purchased the said lands called B. in the 
 hepurohas- year 1818 for his son the said R. T. and hath ever since been in the 
 called b! ^ occupation thereof, and saith that on the tithe receipt day at or about 
 andoocu- Michaelmas 1819, to the best of his knowledge, remembrance, and 
 same, and belief, he this defendant attended at the office of the said complainant 
 plied to "^" ^' ■^■' ^"^ ^'^'^ purpose of ascertaining what sum of money was payable 
 know the by him to the said C. E., as and by way of composition or satisfaction 
 clmposi- fo'" ^'s tithes growing, renewing, and increasing upon his said, lands 
 
 tion when called B., and that this defendant was thereupon told that the amount 
 
 he was told ..„,.,. ^ 
 
 £ll2s. 6d; 01 the composition ot this defendant in respect of such tithes was the 
 
ANSWERS. 237 
 
 sum of £1 12s. M., payable by half-yearly payments, and that this CH. IX. 
 defendant thereupon paid to the said complainant C. E. the sum of that he 
 16*. Sd., being the first half-yearly payment or composition for this one"half- 
 defendant's tithes of the said last-mentioned lands ; And this defend- year's 
 ant saith that he duly and regularly by himself or some friend of his Smd coo'tin- 
 paid the said sum of 16s. 3c?. to the said C. E. as the half-yearly pay- "^^me untu 
 ment or composition of this defendant in respect of such last-men- Lady-day 
 tioned tithes, yearly and every year from Lady-day 1819 until Lady- Admits 
 day 1821 ; And this defendant W. P. T. further answering saith, he f^^gg'^^^i' 
 admits it to be true that he doth allege and insist that he hath in man- insists that 
 ner aforesaid duly made a composition or satisfaction to the said com- ^^^e ^ 
 plainant C. E. for all -and every the tithes of the several titheable mat- composi- 
 ters and things arising, growing, and taken by this defendant W. P. tithes of 
 T. from off the said lands called B. occupied by him during the pe- '^^ii!h"b^- 
 riod aforesaid ; And this defendant W. P. T. further answering saith, g^j^j^ ^.j^^j 
 that he this defendant, instructed his solicitor, the late Mr. J. D. on he instruct- 
 or about Michaelmas 1821, to tender the sum of 16s. Sd. to the said citoratMi- 
 C. E. for his previous half-yearly tithes of the said lands called B., jl'gf T^' 
 comm.encing from Lady-day 1821, up to Michaelmas-day 1821, and this make a ten- 
 defendant believes that the said Mr. J. D. did accordingly tender the p^ajn^iff ^c. 
 
 same to the said C. E.; and this defendant saith that the said C. P]. hath E., believes 
 
 . , . , , 1 , . 1-1 that he did 
 
 not at any time either previously or subsequently thereto given this de- so,and saith 
 
 fendant any notice whatever of his intention, or that he, this defendant, that no no- 
 
 •^ ' . tice has 
 
 ■was to consider the said annual payment by way of composition or sat- been given 
 
 isfaction for his tithes aforesaid as at an end ; And this defendant W. ^^^l ^j^l 
 
 P. T. further answering saith, he denies that the said complainants or composi- 
 
 either of them have or hath frequently or at any times or time made _ . 
 
 ^ •' •'. - . Denies ap- 
 
 such or the like applications and requests to this defendant as in the plications 
 said complainants' bill in that behalf stated in respect of the matters as state'd in 
 therein stated, otherwise than as in this defendant's former answer 'he bill; 
 stated : And this defendant W. P. T. further answering saith, he and admits 
 
 ° thathenev- 
 
 admits it to be true that he never entered into any agreement or er entered 
 composition with the said complainants or either of them in respect agreement 
 of the tithes or any of them arising from his said land called B., situ- with the 
 ate within the said rectory or parish of S. M. aforesaid, or any of them respect of 
 from Lady-day 1819 otherwise than as aforesaid, but which payments ^^ ''^^^^ 
 or composition for tithes this defendant submits and insists are bind- aforesaid, 
 ing upon the said complainants respectively, and that the said com- ^p^,, ^^^ 
 plainants or either of them are or is not entitled to any further pay- payments 
 ments or account in respect of the tithes aforesaid during the period binding; 
 aforesaid from this defendant ; And this defendant W. P. T. further Denies hav- 
 
 . ,1. 1 iiTiTi- 7 I.* in^ grown 
 
 answering saith, he denies that he hath had during the respective op the 
 times in the said complainant's bill in that behalf stated, growing g"'^^j^g"t®'^ 
 upon and took from ofi" the said lands called B. divers or any quanti- &c. but ad- 
 
238 EQUITY PRECEDENTS. 
 
 CH. IX. ties of wheat, barley, and other corn, and grain, excepting oats, as 
 
 mils hav-~~ hereinafter stated, or had in each year during the time aforesaid, 
 
 ing grown growing upon and had taken from off the said lands divers or any 
 
 grass made quantities of wheat and other corn and grain excepting oats, but this 
 
 into hay. defendant admits he hath had such quantities of clover as hereinafter 
 
 stated, but no other artificial grasses, and that he hath had during the 
 
 time aforesaid divers quantities of grass which he mowed and made 
 
 into hay, and divers quantities of potatoes, turnips, and parsnips ; 
 
 and this defendant &c. &c. ; And these defendants severally deny, 
 
 &c. (see form Wo. GXLIV. p. 187.) 
 
 CLXXXI. Further answer after exceptions taken and allowed to the de- 
 fendant's former answer to a bill for an account, and to restrain the in- 
 fringement of a copyright. 
 
 {For the form of title see No. CXXIX. p. 182.) This defendant 
 
 that"he has Saving and reserving to himself, as in and by his former answer to 
 
 y>y himself the said complainant's said bill of complaint was saved and reserved, 
 
 sold many for further answer thereto, or unto so much thereof as this defendant 
 
 copies of jg advised is material or necessary for him to make answer unto, 
 the work, •' ' 
 
 and stating answereth and saith he admits it to be true that this defendant hath 
 
 ofsuchcop- '^y '^^^ defendants T. N. L. and R. O. and by other booksellers em- 
 
 Jes; ployed by him, published and sold many copies of the edition 
 
 Denies that „ ,,., ,, ,. ,„ , ... „ 
 
 he is con- 01 pubhshed by this deiendant as in his lormer answer men- 
 
 publka-*'^^ tioned ; and that the number of such copies sold by him amounts in 
 
 tion; the whole to , or thereabouts, as nearly as this defendant can 
 
 amount of set forth the same to his knowledge or belief; but this defendant 
 P™''.*' .'^"'^ denies that he is now proceeding or threatens to proceed in publish- 
 that he has ing and selling the said book, having discontinued the sale thereof, as 
 same\o his '^^ *^'^ defendant's former answer mentioned ; And this defendant 
 own use; further answering, saith that the profit which he hath made by such 
 
 number of publication doth not exceed the sum of £ to the best of this 
 
 prmted and defendant's knowledge and belief, and this defendant admits that he 
 the mim- bath applied the produce and profits of the said publication to his 
 and remain- own use; And this defendant saith that he printed and published 
 
 ™\ ""f °''^' copies of the said book or work and no more, and that he 
 
 ring to a hath sold copies, and that there now remain copies 
 
 for an ac- ^"^ ^^^ Own custody or power, or in the custody or power of other 
 
 count of the persons by his order or for his use, as nearly as he can set forth the 
 moneys i ./ ' ^ 
 
 produced said several particulars as to his knowledge, information, or belief ; 
 tion'"and°^" and this defendant hath, in a schedule to this his further answer 
 the profits annexed or under-written, and which he prays may be taken as part 
 therefrom, thereof, set forth to the best of his knowledge, remembrance, infor- 
 
ANSWERS. 239 
 
 mation and belief, a just and true account of all the sums of money CH. IX. 
 which have arisen by the publication and sale of the said book and 
 the profits which have arisen therefrom. J. L. 
 
 CLXXXII. Answer of a trustee submitting to act as the Court shall direct. 
 
 This defendant, &c. • {see form Ho. OXL. p. 184,) admits it to be Admits the 
 true that such indentures of lease and release as in the said bill of ^^ j^g^°j.. 
 complaint are stated to bear date , were duly made and exe- riiige set- 
 
 . „ tlement, 
 
 cuted by and between such parties and to such purport or ettect as the solem- 
 are therein set forth so far as the same are therein set forth ; but for "h™mar-°^ 
 his greater certainty, nevertheless, this defendant craves leave to refer riage, the 
 to the said indentures when produced; And this defendant further children; 
 answering saith he admits it to be true that the intended marriage that he 
 
 ° ° dechnes to 
 
 between the said complainants J. P. and E. P. was soon afterwards act and is 
 had and solemnized, and that the said other complainants (the chil- [,gj„g ^^^_ 
 dren) are the only children of the said marriage ; And this defendant <=Jj?''Sed, 
 admits that he doth decline to act in the trusts of the said settlement, convey on 
 and that he is desirous of being discharged therefrom, and that he is demnifled 
 ready to convey and release the said trust premises to the said com- and paid 
 
 nmcosts 
 
 plainant S. M. M. and such new trustee as may be appointed by this 
 Honorable Court on being indemnified in that behalf and paid all his 
 costs and expenses. 
 
 CLXXXin. Conclusion of an answer insisting that plaintifTs remedy is at 
 law and not in equity, and claiming the same benefit as if the defendant 
 had demurred to the bill. 
 
 And this defendant submits to this Honorable Court that all and 
 every the matters in the said complainant's bill mentioned and com- 
 plained of, are matters which may be tried and determined at law, 
 and with respect to which the said complainant is not entitled to any 
 relief from a Court of equity, and this defendant hopes he shall have 
 the same benefit of this defence as if he had demurred to the said 
 complainant's bill ; And this defendant denies, &c. 
 
240 EQUITY PRECEDENTS. 
 
 CH. IX. ANSWERS AND DISCLAIMERS. 
 
 CLXXXIV. Answer and disclaimer by the personal representatives of a 
 mortgan;ee, relinquishing the security of the premises comprised in the 
 plaintiff's mortgage. 
 
 In Chancery. 
 
 The joint and several answer and disclaimer of J. F. and E. C. 
 two of the defendants to the original and amended bill of complaint 
 of W. S., J. C, and T. P., complainants. 
 
 Admit the These defendants, &c. (see form No, GXL. p. 184,) say they ad- 
 
 tes^ata"''^ mit that J. C. in the said bill named departed this life on the 
 
 his will ap- day of , having first duly made his last will and testament, 
 
 pointing iti .11. 1 -t o 1 .. 
 
 the defend- whereby he appomted his sons, these defendants, joint executors 
 
 ants exeou- thereof, and that they, these defendants, proved the same in the Pre- 
 
 that they rogative Court of the Archbishop of York, on the day of 
 
 prove us ^ ^^^ thereby became his legal personal representatives ; And 
 
 Say they these defendants further severally answering say they do not claim 
 
 claim any any interest in the estates in the said bill 'stated to be charged with 
 
 interest in thg annuities to the said complainants W. S. and J. C, therein men- 
 
 the prenus- . , ■ i 
 
 es, nor ob- tioned, and with the mortgage therein also mentioned to be assigned 
 
 pavnient of *° them ; And these defendants further severally answering say they 
 what is due (Jo not object to the payment of what may be due to the said corn- 
 plaintiffs, plainants out of the rents and profits of the said estates ; And these 
 clafin ail defendants do disclaim all right, title, and interest, in and to the said 
 right and estates, and every part thereof ; And these defendants deny, &c. 
 the 'elites, {see form No. CXLIV. p. 187.) 
 
 CLXXXV. Answer and disclaimer denying having ever claimed any right 
 or interest in the premises in the bill mentioned. 
 
 Answer and disclaimer of A. B. the defendant to the bill of com- 
 plaint of C. D. complainant. 
 
 Denies that This defendant, &c. {see form No. OXL. p. 184,) saith that he 
 he ever ^qj-j^ ^qj know that he this defendant to his knowledge or belief ever 
 and now had, nor did he claim or pretend to have, nor doth he now claim any 
 all right' right, title, or interest, of, in, or to the estates and premises, situate, 
 and inter- &c. in the said complainant's bill set forth, or any part thereof, and 
 premises, this defendant doth disclaim all right, title, and interest to the said 
 
ANSWERS. 241 
 
 estates and premises, and every part thereof; And this defendant CH. ix. 
 denies, &c. {see form No. GXLIV. p. 187.) 
 
 CLXXXVT. Answer and disclaimer of a trustee under a will, denying hav- 
 ing ever interfered in the trusts or received the rents of the trust estates. 
 
 The several answer and disclaimer of A. B. one of the defendants 
 to the bill of complaint of L. M. complainant. 
 
 This defendant, &c. (see form No. GXL. p. 184,) answereth and Believes 
 
 saith that he believes that C. D. did die seised of such estates in *^* J"^® 
 . . , . testator 
 as in the said complainant's said bill are mentioned ; And died seised 
 
 this defendant does believe that the said C. D. did make such last estates^'" 
 
 will and testament in writing, and did thereby create such trusts out *'^^' '^^ ... 
 
 ry ,1 m -m _ , _ D3&Q6 9j will 
 
 01 the said estates, and appomted this defendant trustee appointing 
 
 thereof in such manner and to such purport and effect as in the said trustee"^' 
 complainant's said bill for that purpose set forth ; And this defendant . 
 does believe that the said testator made E. F. gent, executor of his 
 said will ; and this defendant does believe that the said C. D. soon and E. F. 
 after making his said will departed this life, (that is to say) : on or ®^^°" °''' 
 
 about the day of , without revoking or altering his jj^^^ -^^ 
 
 said will, seised of such estates in as in the said complainant's died soon 
 
 said bill are set forth ; And this defendant further saith that he was of the es- 
 advised that the said trust would be attended with some difficulty *^'^^' 
 besides expense and loss of time to this defendant ; therefore this „ . , , 
 defendant absolutely refused to intermeddle therewith, or in any way he refused 
 concern himself therein ; And this defendant denies that he or any j^g^dlein 
 person or persons for him ever entered on the said trust estate, or tlie trusts, 
 
 ■ -, n ■, T ^1 fi 1.1C1 denies hav- 
 
 ever received any oi the rents and profits thereof; but this aefendant ing ever en- 
 has been informed and believes that the same were received by ^^illA'iin . 
 G. H. of, &c. gent, who was employed by the said testator, C. D. in believes 
 
 his lifetime to receive the rents and profits of the said estate rents were 
 
 for him the said C. D. ; And this defendant believes that the said Q^nTwho''' 
 G. H. hath received the said rents and profits of the said trust estate was the tes- 
 ever since the death of the said testator C. D. and doth still continue ceiver; 
 
 to receive the same ; And this defendant • positively denies that the t^^ *^' ^^ 
 
 ' ^ •' has con- 
 
 said G. H. had any power or authority or direction from this defend- tinued to 
 
 ant to receive all or any part of the rents and profits of the said game^ 
 
 trust estate, or that he ever accounted to this defendant for the same : denies that 
 
 and this defendant is very desirous and ready to be discharged from authority 
 
 his said trust, and to do any act for that purpose as this Honorable fendant" 
 
 Court shall direct, this defendant being indemnified in so doing and who is de- 
 . • ■• n 1 ci ■ ^ 1 sirous to be 
 
 having his costs ; And this defendant further saith that as to so much disoliarged. 
 
 21 
 
242 
 
 EQUITY PRECEDENTS. 
 
 CH. IX. 
 
 Denies that 
 he ever 
 claim.ed, 
 and doth 
 disclaim 
 any right 
 or interest 
 in the 
 premises. 
 
 of the said bill as seeks a discovery of this defendant's title to the 
 
 lands in , this defendant saith that he doth not know that he 
 
 this defendant to his knowledge or belief ever had nor did he claim or 
 pretend to have nor doth he now claim or pretend to have any right, 
 
 title, or interest, of, in, or to the said estate in , in the said 
 
 complainant's bill set forth or any part thereof; and this defendant 
 doth disclaim all right, title, and interest in and to the said estate 
 
 in in the complainant's said bill mentioned, and every part 
 
 thereof; And this defendant denies, &c. (see form No, GXLIV. 
 ■p. 187.) 
 
( 243 ) 
 
 CHAPTER X. 
 
 EEPLICATIONS. {a) 
 CLXXXVn. A general replication to a defendant's answer. '-^"' ■^' 
 
 The replication of A. B., complainant, to the answer of C. D., 
 defendant. 
 
 This repliant saving and reserving unto himself all and all manner 
 of advantage of exception to the manifold insufficiencies of the said 
 answer, for replication thereunto saith that he will aver and prove his 
 said bill to be true, certain, and sufficient in the law to be answered 
 unto, and that the said answer of the said defendant is uncertain, 
 untrue, and insufficient to be replied unto by this repliant ; Without 
 this, that any other matter or thing whatsoever in the said answer 
 contained, material or effectual in the law to be replied unto, con- 
 fessed and avoided, traversed, or denied is true ; All which matters 
 and things this repliant is, and will be ready to aver and prove as 
 this Honorable Court shall direct, and humbly prays as in and by his 
 said bill he hath already prayed. 
 
 CLXXXVni. A special replication to the answers of several defendants. (6) 
 
 The replication of J. M. complainant, to the several answers of 
 H. N., J. B., W. N., and R. N., defendants to the said complain- 
 ant's original and amended bill. 
 
 This repliant saving to himself all and all manner of advantage of 
 exception to the manifold insufficiencies of the said answers, for and 
 by way of replication saith that his said original and amended bill of 
 complaint, exhibited into this Court against the said defendants, and 
 all and every the matters, &c. therein contained, are true, certain, 
 and sufficient in the law to be answered unto by the said defendants. 
 
 (a) Eq. Plead. Chap. XKL 
 
 (6) A special replication is always signed by counsel. 
 
244 EQUITY PBECBDENTS. 
 
 CH. X. and that the answers of the said defendants are untrue, uncertain, 
 and insufficient in the law to be replied unto by this repliant, save 
 and except that this repliant doth admit it to be true as in the said 
 answers, some or one of them is by the said defendants some or ' one 
 of them alleged, that the mortgage in the said original and amended 
 bill mentioned to be made by P. M., deceased, to R. N. and E. N., 
 deceased, and therein respectively named, and bearing date the 2d 
 day of June, 1754, was made and entered into between them of and 
 concerning and comprehended all the said P. M.'s then plantations 
 
 and meadows in — ', and in the said original and amended bill 
 
 and the said defendants' said answers respectively mentioned, and 
 that the same plantations and meadows were or are all situate and 
 
 being in , aforesaid in the said bill also mentioned : and 
 
 this repliant doth moreover admit it to be true as in the said answers 
 Qf the said defendants, some or one of them is alleged, that on or 
 about the 2d day of October, 1755, the said P. M. did settle an 
 account with an agent of or for the said E. N., then deceased, and 
 in the ai d bill named, or of or for his executors, of and concerning 
 all and every sum and sums of money therefore due and owing from 
 the said P. M. to the said E. N. and E. N., or either of them, their 
 or either of their executors or administrators, and did by an agree- 
 ment of that date in writing, under his hand and seal admit, and this 
 repliant doth now hereby admit and acknowledge, that on the said 2d 
 day of October, 1755, there was due and owing from the said P. M. on 
 the said security of all the said plantations and premises, and on the 
 balance of such accounts the full sum of £577 Zs. in tKe said answers 
 or some or one of them mentioned and claimed as the then balance 
 of such accounts and payable with interest ; Without that, that there 
 is any other matter or thing in the said defendants' said answers 
 contained, material or effectual for this repliant to reply unto and 
 not herein and hereby well and sufficiently replied unto, confessed 
 and avoided, traversed or denied, is true ; All which matters and 
 thing (save and except as aforesaid) this repliant is ready to aver 
 and prove as this Court shall award, and prays as in and by his said 
 original and amended bill he hath prayed. 
 
( 245 ) 
 
 GHAPTER XL 
 
 EXAMINATIONS. 
 
 Form of examination of a defendant before a Master upon interrogatories CH. XL 
 settled by a Master pursuant to a decree. 
 
 ( Between A. B. Complainant, 
 
 In Chancery. ■< and 
 », V. C. D. Defendant, 
 
 The answer and examination of the said defendant C. D. to inter- 
 rogatories exhibited on behalf of the said complainant A. B. for the 
 examination of the said defendant before Sir J. S., bart., one of the 
 Masters of this Court to whom this cause stands referred, pursuant 
 to the decree made on the hearing of this cause, dated . 
 
 To the first interrogatory this examinant saith that, &c. 
 
 Examination of executors before a Master, referring to schedules annexed. 
 In Chancery. 
 
 Between, &c. [naming all the parties, plaintiffs and defendants.^ 
 
 The examination of the said complainants J. W. and A. G., the 
 executors of S. P., deceased, in the pleadings in this ca&se named, 
 upon interrogatories exhibited by the said defendants before J. W. 
 Esq. one of the Masters of this Honorable Court, pursuant to the 
 
 decree made on the hearing of this cause, bearing date the 
 
 day of ■: . 
 
 1st. — To the first interrogatory, these examinants say that shortly 
 after the decease of S. P. the testator in the pleadings in this cause 
 named, which happened on or about the 3d day of December, which 
 
 was in the year of our Lord , these examinants employed 
 
 T. N., then a licensed appraiser and auctioneer in the city of , 
 
 •21* 
 
246 EQUITY PRECED'ENTS. 
 
 CH. XI. but now deceased, to take an inventory and make an appraisement, 
 and the said T. N. did as these defendants believe, take an inventory 
 and make an appraisement, of all the household goods and furniture, 
 linen, and other personal estate and effects of the said testator then 
 beingiin and about his dwelling-house, situate in, &c. (other than 
 and except such parts thereof as consisted of chattel interests in 
 houses or lands, and money due on mortgages, bonds, and promissory 
 notes, and also other than and except such parts of his said personal 
 estate as were and are by the said testator in and by his said will 
 and codicil specifically given, bequeathed, and disposed of,) and such 
 household goods, household furniture and linen so inventoried and 
 appraised, were afterwards sold and disposed of by public auction by 
 the said T. N., and such inventory and appraisement so made and 
 taken by the said T. N. is now in the custody or power of this 
 examinant A. G., and these examinants crave leave to refer thereto ; 
 And these examinants say that they did not make any invento)^ or 
 particular of the real estates or of the chattels real or securities of 
 their said testator, but the same are nevertheless hereinafter in this 
 their examination fully and particularly mentioned, described, and set 
 forth according to the best of their knowledge and belief. 
 
 2d. — To the second interrogatory these examinants say that the 
 said S. P. the testator in the pleadings in this cause named, was at 
 the time of his death in manner hereinafter mentioned, possessed of, 
 interested in, or entitled unto, a considerable personal estate, consist- 
 ing of leases for terms of years, absolute and determinable with lives, 
 and also of moneys due and owing to him upon mortgages, bonds, 
 and promissory notes, rents, and arrears of rent, and the several 
 household goods and furniture contained and set forth in the said 
 inventory and appraisement, but no cash to the knowledge or behef 
 Reference of these examinants ; And these examinants say that in a schedule 
 Schedule- hereunto annexed, entitled "The first schedule," and which they 
 pray may be taken as a part of this their examination and to which 
 they crave leave to refer, they have according to the best of their 
 knowledge; remembrance, information, and belief, each speaking for 
 himself, set forth a fuU, true, and particular account of all the goods, 
 chattels, rights, credits, debts, personal estate and effects whatsoever, 
 of or belonging to their said testator, the said S. P. at the time of 
 his death, with the several and respective natures, species, kinds, 
 ■ sorts, quantities, qualities, and true and utmost values thereof 
 respectively, distinguishing what part thereof consisted of chattels 
 real from the said testator's other personal estate; And. these exam- 
 inants also say that their said testator was, at the time of his death, 
 seised of a freehold estate, consisting of two messuages or dwelling- 
 houses, coach-houses, stables, and other buildings, situate in 
 
EXAMINATIONS. 247 
 
 aforesaid, but no other freehold estate to the knowledge or belief of CH. XI. 
 
 these examinants ; And these examinants in another schedule here- 
 
 unto annexed entitled, " The second schedule," which they pray may Keferenoe 
 
 be taken as a part of this their examination, and to which they also gj-hedule- 
 
 crave leave to refer, have according to the best of their knowledge, 
 
 information, and belief, set forth a true and particular account of the 
 
 said freehold estates of the said testator, and of the yearly value 
 
 thereof, and of all rents due and in arrear for such freehold estates 
 
 at the time of their said testator's death ; And in another schedule Keference 
 
 hereunto annexed entitled " The third schedule," which they pray tp ^^^, ^'^ 
 
 ' J t- J Schedule; 
 
 may be taken as a part of this their examination, and to which they 
 also crave leave to refer, these examinants have set forth a true 
 account of how much and what particular parts or part of the said 
 testator's personal estate, or of such rents and profits have or hath 
 at any time or times and when been received, got in, or possessed by 
 these examinants respectively, or by any person or persons and whom 
 by their or either of their order or direction, privity, or consent, or 
 for their or either of their use respectively, with the several £^nd re- 
 spective particulars and the value thereof, and how and when and by 
 whom, and for what use or purpose the same have been sold, paid, 
 applied, administered, or disposed of, and how much and what part 
 thereof, doth now remain in the hands of these examinants, and of 
 each of them, and what is become thereof; And these examinants 
 also say that in the same schedule they have to the bfest of their 
 knowledge, information, and belief, set forth a true and particular 
 account of what debts due and owing to their said testator's estate, 
 are now standing out and unreceived either wholly or in part, and 
 from whom the same are so respectively due and owing, and why the 
 same have not been got in and received by them ; And they have also 
 in the same schedule set forth an abstract, or list, and short account of 
 all securities now in their hands, custody, or power, and of all debts 
 due and owing to their said testator's estate. 
 
 3d. — To the third interrogatory these examinants say that the said 
 S. P. was at the time of his death indebted unto several persons in 
 divers sums of money to a considerable amount ; And these -exami- Reference 
 nants have in another schedule hereunto annexed, entitled " The '° ''^^ *'*' 
 fourth schedule," which they also pray may be taken as part of this 
 their examination, and to which they crave leave to refer, set forth 
 according to the best of their respective knowledge and belief, and so 
 far as they are able, a full, true, and particular account of all sums 
 of money paid by these examinants in discharge of debts due and 
 owing from their said testator at the time of his death, and to whom 
 such debts were due, and for what, and when, and by whom such 
 debts were paid or satisfied respectively ; And these examinants 
 
248 EQUITY PKEGEDBNTS. 
 
 CH. XI. believe that all such sums of money so paid as aforesaid, were really 
 due and owing from their said testator at the time of his death, and 
 that nothing now remains due for or on account of any debts or 
 debt of their said testator, so far as such debts have come to their 
 knowledge respectively : And these examinants say that they have 
 also paid or expended divers large and considerable sums of money 
 for or on account of the said testator's funeral expenses, and for the 
 probate of his will, and other expenses relating to his affairs ; and 
 these examinants have in .the last-mentioned schedule set forth an 
 account of such sum or sums of money as they have so respectively 
 paid on the accounts aforesaid, and also the times when, and the 
 persons to whom the same have been so paid, or how the same have 
 been expended ; And these examinants verily believe that no further 
 sum or sums of money now remain due or owing to any person or 
 persons in respect of the debts or funeral expenses of the said testa-, 
 tor or otherwise on account of his estate, except the cost and charges 
 of these examinants as executors as aforesaid, and particularly the 
 costs of the suit. 
 
 Examination of femes covert entitled to shares of money in a cause ; with 
 the certificate of the commissioners and affidavit of the attesting wit- 
 ness. 
 
 Between, &c. [naming all the parties, plaintiffs and defendants.'] 
 
 The examination of the plaintiffs Hannah D. and Mary G., in pur- 
 suance of an order made in this cause, bearing date the day 
 
 of , 1786. 
 
 Whereas it is ordered by the said order of the day of 
 
 ■ last, that the plaintiff Hannah, the wife of the plaintiff R. D. 
 
 who resides at , and the plaintiff Mary, the wife of the plain- 
 tiff I. G., who resides at , should respectively attend E. B. of, 
 
 &c. Esq. the Rev. W. L. of, &c. the Rev. J. Q. of, &c. and H. D. 
 of, &c. or any two of them, and the said plaintiff Hannah D. was to 
 be solely and secretly examined by them separate and apart from her 
 said husband, how and in what manner, and to what uses, she was 
 
 willing and desirous the third part of the sum of cash, in the 
 
 said order mentioned, should be paid and applied, and the said plaintiff 
 Mary G., was also to be solely and secretly examined by them sepa- 
 rate and apart from her said husband, how and in what manner, and 
 to what uses she was willing and desirous her third part of the said 
 cash should be paid and applied, and the said E. B., W. L., J. Q., 
 and H. D., or any two of them who should examine the said Hannah 
 
EXAMINATIONS. 249 
 
 D. and Mary G., were to take their examinations respectively in CH. XI. 
 writing, and the same were to be signed by them respectively, and 
 the said E. B., "W". L., J. Q., and H. D. or any two of them who 
 should take such examinations, were to certify the same in wi-iting, 
 and the signing of the said Hannah D. and Mary G., and such cer- 
 tificates were to be verified by affidavit, and upon the return of such 
 certificates, such further order should be made as should be just : 
 Now I the said plaintiff Hannah D. being solely and secretly exam- 
 ined by the said E. B., and H. D., separate and apart from the said 
 plaintiff E. D. my husband, how and in what manner, and to what 
 uses I the said plaintiff Hannah D. am willing and desirous my third 
 
 part of the said sum of cash, in the said order mentioned, 
 
 should be paid and applied, I the said plaintiff Hannah D., do say 
 
 and declare that I am willing and desirous that the sum of , 
 
 being my third part of the said sum of cash, in 'the said 
 
 order mentioned, may and shall be paid to the said plaintiff E. D., 
 my husband, to and for his own use and benefit, and I the said plain- 
 tiff Hannah D. do hereby freely and voluntarily consent that the 
 same may be paid to him accordingly ; And I the said Mary G. being 
 solely and secretly examined by the said E. B. and H. D. separate 
 and apart from the said plaintiff J. G. my husband, how and in what 
 manner, and to what uses I the said plaintiff Mary G. am willing and 
 
 desirous my third part of. the said sum of cash, in the said 
 
 order mentioned shall be paid and applied, I the said plaintiff Mary 
 G., do say and declare that I am willing and desirous that the said 
 
 sum of , being my third part of the said sum of cash, 
 
 in the said order mentioned, may and shall be paid to the said plain- 
 tiff J. G. my husband, to and for his own use and benefit, and I the 
 said Mary G. do hereby freely and voluntarily consent that the same 
 may be paid to him accordingly; In witness whereof we the said 
 plaintiff Hannah D., the wife of the plaintiff E. D., and the said 
 plaintiff Mary G., the wife of the said plaintiff J. G., have hereunto 
 
 signed our names respectively, the day of , 1786. 
 
 Hannah D. 
 Witness Majjt G. 
 
 l^Indorsed.2 
 (A) 
 
 This is the paper referred to by the affidavit of Wade Smith, sworn 
 to by him this day of , 1786, when the same paper- 
 writing was produced and shown to the said deponent. 
 
250 EQUITY PKECEDBNTS. 
 
 CH. XI. commissioners' certificate. 
 
 Between, &c. [naminff aU the jpartiesJ] 
 
 To the Honorable, &c. 
 
 We, E. B. of Esq. and H. D. of gent, do hereby 
 
 certify unto your honor that pursuant to an order made by your 
 
 honor in this cause, bearing date the day of 1786, 
 
 we have been attended by the plaintiff Hannah, the wife of the 
 plaintiff E. D. who resides at , and by the plaintiff Mary, the 
 
 wife of the said plaintiff J. G. who resides at , respectively, 
 
 and we Save in pursuance of the said order, examined the said plain- 
 tiff Hannah D., solely and secretly, separately and apart from the 
 said plaintiff R. D. her husband, how, and in what manner, and to 
 what uses she the said plaintiff Hannah D. was willing and desirous 
 the third part of the sum of cash in the said order men- 
 tioned should be paid and applied, and we did at the same time read 
 the said order to her, and explain to her the purport and effect 
 thereof, and we do certify unto your honor that the said plaintiff 
 Hannah D., did on such her examination say and declare she was 
 
 wUling and desirous that the sum of , being her third part of 
 
 the said sum of cash, in the said order mentioned, might and 
 
 should be paid to the said plaintiff E. D. to and for his own use and 
 benefit, and she did thereby freely and voluntarily consent that the 
 same be paid to him accordingly ; And we do further certify unto 
 your honor, that we have in pursuance of the said order, also exam- 
 ined the said plaintiff Mary G., solely and secretly, separately and 
 apart from the said plaintiff J. G. her husband, how and in what 
 manner, and to what uses she the said plaintiff Mary G. was wilUng 
 
 and desirous her third part of the sum of cash, in the said 
 
 order mentioned should be paid and applied, and we did at the same 
 time read the said order to her, and explain to her the purport and 
 effect thereof, and we do certify unto your honor, that the said plain- 
 tiff Mary G. did on such her examination say and declare she was 
 
 willing and desirous that the sum of , being her third part of 
 
 the said sum of cash in the said order mentioned, might and 
 
 should be paid to the said plaintiff J. G. her husband, to and for his 
 own use and benefit, and she did thereby freely and voluntarily con- 
 sent that the same be paid to him accordingly, and we took down 
 such the examinations, declarations, and consents of the said Hannah 
 D. and Mary G. in writing, and they thereupon signed the same 
 
EXAMINATIONS. 251 
 
 respectively as thereby now appears. Witness our hands the cH XI 
 
 day of , 1786. '■ — - 
 
 E. B. 
 Witness, Wade Smith. H. D. 
 
 [^Indorsed.^ 
 
 (B) 
 
 This is the paper-writuig referred to by the affidavit of Wade Smith, 
 sworn to by him this day of , 1786, when the same paper- 
 writing was produced and shown to the said deponent. 
 
 APFIDAVIT. 
 
 Between, &c. [naming all the parties."] 
 
 Wade Smith of , gent, maketh oath and saith that he was 
 
 present and did see Hannah D., wife of the plaintiif R. D., and Mary 
 G., wife of the plaintifif J. G., respectively sign the examination, dec- 
 laration, and consent, being the paper-writing marked with the letter 
 
 (A), and saith that he was also present and did see E. B. of , 
 
 Esq. and H. D. of , gent, sign the certificate marked with the 
 
 letter (B), and that the names of Hannah D. and Mary G. now ap- 
 pearing set to the said examination, declaration, and consent, as the 
 names of the said Hannah D. and Mary G. and the names E. B. and 
 'H. D.' now appearing set to the said certificate as the parties signing 
 the same are of the respective, proper handwriting of the said Hannah 
 D. and Mary G., and E. B., and H. D., and that the name " Wade 
 Smith" now appearing, set, or subscribed to the said examination, 
 declaration, and consent, and also to the said certificate as a witness to 
 the signing the same respectively, is and are respectively of the proper 
 handwriting of this deponent. 
 
 Wade Smith. Sworn, &c. 
 
 Examination of a feme covert upon a commission, as to her execution of a 
 deed of moneys to be laid out in lands in tail ; with the certificate of the 
 commissioners and affidavit of the attesting witness. 
 
 In Chancery. 
 
 Between, &c. [naming all the parties, plaintiffs and defendants.] 
 
 I, D. W. the wife of the said J. G. W. do hereby declare that I 
 freely and voluntarily executed the deed mentioned in the pleadings 
 
252 EQUITY PRECEDENTS. 
 
 CH. XI. in this cause, bearing date the 12th day of April, 1783, and that I am 
 well acquainted with the purport and effect thereof, and desire that the 
 
 same may be carried into execution. Witness my hand this : 
 
 day of , 1784. 
 
 Witness, John Gibbs. D. W. 
 
 COMMISSIONERS CERTIFICATE. 
 
 Between, &c. [naming all the parties.] 
 To the Honorable, &c. 
 
 We whose names are hereunto subscribed do hereby certify to your 
 honor, that pursuant to an order made in this cause bearing date the 
 
 day of , 1783, we attended the said D. W. the wife of 
 
 the said J. Gr. W., and after having separately and apart from her said 
 husband read to her the deed bearing date the 12th day of April, 1783, 
 in the said decree mentioned, and explained to her the purport and 
 effect thereof, we did examine her separately and apart from her said 
 husband whether she had freely and voluntarily executed the said 
 deed, and whether she was consenting that the same should be carried 
 into execution, and on such examination the said D. W. did declare- 
 that she had executed the said deed freely and voluntarily, and was 
 consenting and desirous that the same should be carried into execu- 
 tion, and that we took down such her examination or declaration in 
 writing, and that she thereupon signed the same as the same now ap- , 
 
 pears above written. Witness our hands this day of , 
 
 1783. 
 
 A. B. 
 
 Witness, John Gibbs. C. D. 
 
 AFFIDAVIT. 
 
 Between, &c. [naming all the parties.] 
 
 John Gibbs of , gent, maketh oath and saith, that he was 
 
 present and did see the said defendant D. W. the wife of the said de- 
 fendant J. G. W. sign the examination or declaration above written, 
 and that he was also present and did see the said A. B. and C. D. 
 
 sign the certificate above written, and that the name D W 
 
 now appearing set to the said examination or declaration, and the 
 
 names A B and C D now appearing set 
 
 to the said certificate as the parties signing the same respectively, are 
 of the respective proper handwriting of the said D. W., A. B., and- 
 
• EXAMINATIONS. 253 
 
 C. D., and that the name John Gibbs now appearing set or subscribed cH. XI. 
 to the said examination or declaration, and also to the said certificate 
 as a witness to the signing the same respectively, is and are of the 
 proper handwriting of him this deponent. 
 
 John Gibbs. Sworn, &c. 
 
 Examination of a person claiming an interest in the premises in the plead- 
 ings mentioned, who had petitioned to be examined upon an interrogatory 
 pro interesse suo. 
 
 Between H. E. an infant, by John Miller his 
 
 , „, / next friend - - - Plaintiff, 
 
 In Chancery. <^ 
 
 T. J. W., M. A. T., &c. &c. Defendants. 
 
 The answer and examination of G. E. of to a certain inter- 
 
 terrogatory exhibited before F. C. Esq., one of the Masters of this 
 Honorable Court for the examination of the said G. E. pro- interesse 
 suo in certain premises in the pleadings in this cause mentioned, pur- 
 suant to an order of this Honorable Court bearing date the 
 
 day of , made on the petition of the said G. E. 
 
 To the said interrogatory this examinant saith, that by a certain in- 
 denture of lease bearing date, &c. ; And this examinant further saith, 
 that by a certain indenture of assignment bearing date, &c. ; And this 
 examinant further saith, that the said T. J. W. being entitled to the 
 said two tenth parts or shares of and in the said last-mentioned lease- 
 hold messuages or tenements, and premises under and by virtue of the 
 last two mentioned assignments, did in and by a certain indenture of 
 
 assignment bearing date on or about the day of , for 
 
 the considerations therein mentioned, grant, bargain, sell, assign, trans- 
 fer, and set over unto him, this examinant, all those two full and equal 
 undivided tenth parts or shares, (the whole into ten equal parts or 
 shares to be divided) of and in all the said last-mentioned leasehold 
 messuages or tenements and premises hereinbefore described. To hold 
 the same unto this examinant, his executors, administrators, and assigns, 
 for all the rest, residue, and remainder then to come and unexpired 
 
 of the said term of years ; And this examinant further saith, 
 
 that under and by virtue of the last will and testament of the said 
 W. H.' and the several assignments hereinbefore mentioned, he is enti- 
 tled to eight tenths of the said leasehold messuages or tenements and 
 premises comprised in and demised by the said indenture of lease 
 
 of the day of , for all the residue of the said term of 
 
 years thereby granted. 
 
 22 
 
(254) 
 
 CHAPTER XII. 
 
 EXCEPTIONS. 
 'Exceptions to Answers, {a) 
 CH. XII. -'^'1 exception to the answer of several defendants. 
 
 In Chancery. 
 
 Between W. W., J. W., and C. L., on behalf 
 x>f themselves and all other the 
 creditors of J. B. who shall come 
 in and contribute to the expense 
 of this suit, - Complainants, 
 
 and 
 J. G. and T. B. Defendants. 
 
 An exception taken by the said complainants to the insufficient 
 answer of the said defendants. 
 
 For that the said defendants have not to the best of their knowledge, 
 remembrance, information, and belief, answered and set forth a full, 
 just, and true inventory and account of all and singular the goods and 
 chattels, personal estate and effects whatsoever which J. B. the younger 
 in the said bill named, was possessed of, entitled to, or interested in, at 
 the time of the date of the indenture in the said bill mentioned, and all 
 the particulars whereof the same consisted, and the quantities, quali- 
 ties, full, real, and true values thereof and of every such particulars ; 
 And whether all or some and which of such particulars have not, and 
 when, been possessed or received by, or come to the hands of them, 
 the said defendants, or the one, and which of them, or some, and what 
 person or persons, by their or either of their order, or for their or either 
 of their use, and how, and in what manner, and when and where, and 
 by and to whom, and for how much the same and every or any, and 
 what part thereof hath been sold and disposed of ; And whether any, 
 what parts thereof, and to what value or amount now remain undis- 
 posed of, and what is become thereof. 
 
 In all which particulars the said complainants except to the answer 
 of the said defendants as evasive, imperfect, and insufficient, and hum- 
 bly pray that the said defendants may be compelled to put in fuU and 
 sufficient answer thereto. 
 
 (a) Eq. Plead. § 689, 860-886, 891. 
 
EXCEPTIONS. . 255 
 
 An exception taken to the answer of a defendant to an amended bill. CH. XII. 
 
 ( Between A. B. - - Complainant, 
 
 In the Exchequer. < and 
 
 ( CD. - - Defendant. 
 
 An exception taken by the said complainant to the insufficient 
 answer of the said defendant to the said complainant's amended bill 
 of complaint. 
 
 For that the said defendant hath not to the best and utmost of his 
 knowledge, remembrance, information, and belief, set forth the docu- 
 ments by which the modus or composition in the said defendant's 
 former answer alleged and insisted upon is made out. 
 
 In which particular the said complainant excepts to the answer of 
 the said defendant as evasive, imperfect, and insufficient, and humbly 
 prays that the said defendant may be compelled to put in a full and 
 sufficient answer thereto. 
 
 Several exceptions taken to a defendant's answer. 
 
 ! Between J. E. - - - Complainant, 
 and . 
 J. F. and C. E. - Defendants. 
 
 Exceptions taken by the said complainant to the insufficient answer 
 of the said defendant C. E. to the said complainant's bill of complaint. 
 
 1st. — For that the said defendant C. E. hath not to the best and 
 utmost of his knowledge, remembrance, information, and belief, 
 answered and set forth whether at the time when the reversionary 
 interest of the said C. E. in the said bill mentioned, was put up for 
 sale as therein mentioned, the Eeverend J. F. E. in the said bill 
 named, the father of the said complainant, did not and without the 
 knowledge of the said complainant request T. C. in the said bill 
 named to attend or procure some person to attend the said sale and 
 purchase the reversionary interest for him the said J. F. E., nor 
 whether the said T. C. did not request J. G. in the said bill named, 
 to attend such sale, and to purchase the reversionary interest of the 
 said C. E. in the estate in the said bill mentioned for the said J. F. E. 
 as therein mentioned, nor whether the said J. G. did not accordingly 
 attend such sale, nor whether he did not become the purchaser of the 
 said reversionary interest for the said J. F. E. at the sum of $100 or 
 at some other, and what sum of money. 
 
256 EQUITY PRECEDENTS. 
 
 CH. XII. 2d. — For that the said defendant hath not in any manner aforesaid 
 answered and set forth jvhether in consequence of such purchase the 
 said J. F. R. did not give instructions to his then solicitor for pre- 
 paring the necessary conveyance of the said reversionary interest in 
 the said estate and premises, and for suffering a recovery and making 
 a complete settlement thereof according to the recommendation of 
 Mr. W., his counsel in the said bill named. 
 
 3d. — For that the said defendant hath not in manner aforesaid 
 answered and set forth whether the necessary drafts of such deeds 
 were not accordingly prepared by the said Mr. W. for that purpose, 
 nor whether, before such deeds were executed, the said J. F. E. did 
 not change his mind respecting the same, and give directions to have 
 fit and proper deeds prepared for conveying the said estate and 
 premises to the said complainant for' the said complainant's own 
 benefit, nor whether the same was not so made accordingly. 
 
 4th. — For that the said defendant hath not in manner aforesaid 
 answered and set forth whether the said J. F. R. did not himself pay 
 the said sum of $100 out of his own proper moneys as the purchase- 
 money of the said estate. 
 
 5th. — For that the said defendant hath not in manner aforesaid 
 answered and set forth whether under the circumstances in the said 
 bill stated, the said complainant was or can be considered as a pur- 
 chaser himself of the reversionary interest aforesaid of the said estate 
 and premises, and why, nor whether the said complainant was in 
 fact the purchaser thereof, nor whether he did ever and when, ad- 
 vance and pay the purchase-money or any part thereof out of his own 
 proper moneys, nor whether the said J. F. R. was not the actual 
 purchaser thereof in the manner and under the circumstances in the 
 said bill stated, and if not, why not. 
 
 6th. — For that the said defendant hath not in manner aforesaid 
 answered and set forth whether the reversionary interest in the said 
 estate so purchased by the said J. F. R. was not a free gift from him 
 to the said complainant and" for his advancement in life, and if not 
 why not ; nor whether the said C. R. did not well know thereof at 
 the time of the execution of the aforesaid conveyance to the said 
 complainant, nor whether he did not fully concur and approve thereof, 
 nor whether all or some, and which of the rest of the creditors who 
 had proved debts under the said commission did not also fuUy concur 
 and approve of the same. 
 
 7th. — For that the said defendant hath not in manner aforesaid 
 answered and set forth whether the sale of the reversionary interest 
 aforesaid to the said J. F. R. did not take place in the month of June 
 
 , or at some other and what time, nor whether the conveyance 
 
 to the said complainant did not take place in the month of January , 
 , or at some other and what time. 
 
EXCEPTIONS. 257 
 
 8tli. — For that the said defendant hath not in manner aforesaid cH. XII. 
 answered and set forth whether, upon the death of his father, the said ~ 
 
 J. F. R. in the month of March or at some other and what 
 
 dme, the said complainant did not enter into possession of the said 
 estate under and by virtue of the said conveyance, nor whether he 
 hath not ever since been in the undisturbed possession thereof witliout 
 any claim being made by or on the part of the said C. E., or the 
 validity of the transactions and conveyance in the said bill stated 
 being questioned by him. 
 
 9th. — For that the said defendant hath not in manner aforesaid 
 answered and set forth whether under all the circumstances in the 
 said bill stated, the said C. E. hath any and what claim upon the said 
 estate and premises, nor whether he is entitled to question the vaUdity 
 of the said complainant's title to the said estate, nor whether the said 
 complainant at any time and when, executed any declaration of trust 
 of the said estate and premises, or any part thereof, to or in favor of 
 him the said C. E. 
 
 In all which particulars the said complainant excepts to the answer 
 of the said defendant C. E. as evasive, imperfect, and insufficient, and 
 humbly prays that the said defendant C. E. may be compelled to put 
 in a full and sufficient answer thereto. 
 
 In Chancery. 
 
 EXCEPTIONS TO EBPOETS. 
 
 « 
 Exceptions to a Master's report relating to copartnership accounts. 
 
 " Between T. J. Briggs - - Complainant, 
 
 and 
 
 J. Smith, Mark Briggs, &c. [inserting 
 
 all the names'] Defendants, 
 
 by original and amended biU. 
 
 And between, &c. &c. [stating the, names of 
 
 the parties,] 
 
 by supplemental bill. 
 
 Exceptions taken by the said M. B. one of the defendants in the 
 said original and amended bill and supplemental bill named, to the 
 
 report of J. S. H., Esq. one of the Masters of the Court of , 
 
 to whom the said causes stand referred, made in pursuance of the 
 decree made on the hearing of the said causes bearing date the 
 day of 
 
 1st Exception. — For that the said Master hath in and by his said 
 22* 
 
268 EQUITY PEECBDENTS. 
 
 CH. XII. report certified that he has charged this defendant, &c. &c. Whereas 
 the said Master ought to have certified that he found this defendant 
 had expended the further sum of, &c. 
 
 2d Exception. — For that the said Master hath in' and by his saJfl 
 report certified that he found that all moneys, &c. 
 
 3d Exception. — For that the said Master hath in and by his report 
 certified that he finds that the several balances and sums therein- 
 before stated, are the clear profits of such copartnerships respectively 
 as in the said report mentioned, except as to the sums thereinbefore 
 mentioned to be unaccounted for by this defendant, and as to them, 
 he was unable to ascertain the clear profits of the said copartnerships 
 for the reasons expressed ; "Whereas the said Master ought to have 
 certified that the several sums of money stated by this defendant in 
 his examination to have been the profits made by this defendant on, 
 &c. &c. 
 
 Wherefore the said M. B. excepts to the said Master's report, and 
 humbly appeals therefrom to the judgment of this Honorable Court. 
 
 Exceptions to a Master's general report taken on the ground of the allow- 
 ances made to the defendant, an executor, in the accounts subjoined to 
 the report by way of schedule. 
 
 ! Between Ann Freeman, &c. - Complainants, 
 and 
 W. Fairlie - - Defendant. 
 
 Exceptions taken by the said complainants to the general report of 
 , one of the Masters of the Court of , to whom the said 
 
 cause stands referred, made in pursuance of the decree made on the 
 hearing of the said cause bearing date the 3d day of February, 1816. 
 
 1st Exception. — For that the said Master hath in and by his said 
 general report, and the second schedule to which it refers, allowed to 
 the said defendant by way of discharge, various sums of money, 
 amounting together to $ , or thereabouts, by way of commis- 
 sion, at the rate of 5 per cent, on principal and interest, moneys 
 received by the said defendant on account of the personal estate of 
 bis testatrix in the pleadings named ; Whereas the complainants 
 submit, the said sums of money by way of commission, or any of 
 them, ought not to have been allowed to the said defendant in respect 
 of such his receipts, he the said defendant being an executor, and 
 his testatrix having by a codicil to her will, desired her executors . 
 would each accept $ , as some small acknowledgment for the 
 
EXCEPTIONS. 259 
 
 trouble they would necessarily have in the execution of the trusts CH. XII. 
 reposed in them. 
 
 2d Exception. — For that the said Master hath in and by his said 
 general report and the second schedule to which it refers, allowed to 
 the said defendant by way of discharge, various other sums of 
 
 money, amounting together to $ , by way of commissions at 
 
 the rate of $5 per cent, on sums annually credited by the said 
 defendant in his account as executor for interest from time to time 
 in his hands, and with which interest he is charged in the first 
 schedule to the said report ; Whereas the complainants submit the 
 said defendant is not entitled to, and ought not to have been allowed 
 such last mentioned commission for the following (among other) 
 reasons : — First, Because the sums credited for interest were not in 
 fact received by the said defendant and invested as part of the per- 
 sonal estate of the said testatrix, but were (as appears by the two 
 examinations of the said defendant) together with the aforesaid prin- 
 cipal moneys mixed with the funds of the different mercantile houses 
 in which the said defendant was and is a partner and used in their 
 business of merchants ; And secondly, Because by virtue of the said . 
 decree the said Master is directed to inquire what interest and profit 
 has been made by the said defendant of the personal estate of the 
 said testatrix, and what balance he had from time to time in his 
 hands belonging thereto, and that therefore the complainants are 
 advised the said Master is not at liberty to make to the said defendant 
 any allowance or abatement from the interest admitted by the said 
 defendant to have been made by him, or with which he has submitted 
 to be charged. 
 
 Wherefore, &c. 
 
 Exceptions to a Master's report in favor of a title depending on the validity 
 
 of a recovery. 
 
 ! Between Christopher Shapland, Complainant, 
 .and 
 Jane Smith, - Defendant. 
 
 Exceptions taken by the said defendant to the report of J. E. Esq., 
 
 one of the Masters of the Court of to whom this cause stands 
 
 referred by the decree made therein on the 18th day of May 1778, 
 whereby it was referred to him to see whether the plaintiff can make 
 a good title to the estate in question to the defendant, and which 
 report bears date the 27th day of November in the year 1799. 
 
 1st Exception. — For that the said Master has by his said report 
 
260 EQUITY PRECEDENTS. 
 
 CH. XII. certified that he was of opinion that the plaintiff, together with th§ 
 trustees and mortgagees, may make a proper conveyance by lease 
 and release to the purchaser (under a good title) in fee, and that the 
 term of fifty years therein mentioned, under the settlement of 1731, 
 in the said report mentioned, the term of ninety years therein men- 
 tioned in the deed of September 1770 in the said report mentioned, 
 and the term of one thousand years in the said report mentioned to 
 have been created the 21st of April, 1772, must be assigned to a 
 trustee for the purchaser to attend the inheritance ; Whereas the said 
 defendant apprehends that the said Master ought to have certified that 
 a good title could not be made by the plaintiff to the said defendant 
 for the reasons following : First, For that it appears by the abstract 
 left by the said complainant with the said Master, that by the indent- 
 ures of lease and release of the 15th and 16th days of August 1781, 
 therein mentioned, the estates in question were conveyed from and 
 after the death of C. S. and Mary his then intended wife therein 
 named, to trustees in moieties for the term of fifty years in each 
 moiety, in trust for raising £10,000 for the younger children of the 
 said marriage as the said C. S. should by his will direct ; and it 
 appeared to the said Master that there were two younger children of 
 the said marriage, viz. C. S. and R. S. ; But it has not been made 
 to appear before the said Master that the said two several terms of 
 fifty years have been assigned to attend the inheritance, nor in whom 
 the same are now vested ; And secondly, For that it appears by the 
 said abstract that J. S. who by the abstract is stated to be seised in 
 fee of the lands in question, by his will, dated the 21st of June 1770, 
 devised the same to trustees to hold to them, their heirs, and assigns 
 forever, upon trust and to and for the uses, intents, and purposes there- 
 inafter mentioned ; viz. in the words following : " Upon trust that they 
 the said J. B., J. J. and G. S. and their heirs and assigns, shall yearly 
 and every year, by equal quarterly payments by and out of the rents 
 and profits of the said premises after deducting rates, taxes, repairs, 
 expenses, and outgoings, pay such clear sum as shall then remain 
 unto my brother C. S. and his assigns for and during the tei*m of his 
 natural life ; And from and after his decease. To the use and behoof 
 of the heirs male of the body of the said C. S. lawfully to be begot- 
 ten, as they and every of them shall be in priority of birth ; And in 
 default of such issue, I give and devise the same unto C. S. son of 
 the said G. S. for his life, and after his decease unto the said J. B., 
 G. S. the elder, and J. S., and their heirs, upon trust to support the 
 contingent remainders from being defeated ; And after their decease, 
 To the use and behoof of the right heirs of the body of the said G. S. 
 lawfully begotten ; And in default of such issue, I give and devise 
 the same unto his brother G. S. and the heirs male of his body law- 
 
EXCEPTIONS. • 261 
 
 fully issuing ; And in default of such issue, To J. S. his brother and CH. XII. 
 the heirs male of his body lawfully begotten ; And in default of such 
 issue, To his brother G. S. and the heirs male of his body lawfully be- 
 gotten ; And in default of such issue, to the right heirs of the said J. S. 
 forever." And the said defendant therefore humbly submits to the 
 judgment of this Honorable Court whether by virtue of such will the 
 legal estate of ancj in the premises did not become vested in the said 
 trustees, and whether the said C. S. the son took any greater interest 
 in the lands than for his natural life and to his first and other sons in 
 tail, and whether therefore the recovery in the said abstract mentioned 
 to have been suffered by the said C. S. in Michaelmas Term 1770, is 
 not void, and whether J. S. the son of the said C. S., (which J. S. is 
 rfiow living, but not a party to the suit mentioned in the report) hath 
 not now as the first son of the marriage an estate tail in the said land ; 
 And thirdly. For that it appears by the said abstract that by indenture 
 dated the 5th day of October 1775, the said C. S. and E. his wife, 
 declared the uses of a fine levied by them in Trinity Term then last 
 of the estates in question to and for the confirmation of certain indent- 
 ures of lease and release of the 13th and 14th days of July then last, 
 whereby, after reciting various mortgages, he conveyed the estates in 
 question to trustees and their heirs in trust to be sold ; and for secur- 
 ing the payment of several sums of money therein mentioned, and 
 also for securing a farther sum of £900, and for raising £6000 upon 
 trusts intended to be mentioned in an indenture of the 6th of October 
 1775, whereby the said C. S. in consideration of his marriage and of 
 his wife's portion of £6000, and in consideration that he had pre- 
 viously to his said marriage agreed to settle on her in case she sur- 
 vived him, and on her children, a competent provision, and in con- 
 sideration that she had acknowledged the said fine, and of the love 
 which he bore to his wife and children, and in performance of the 
 said agreement, did give, grant, and appoint, unto trustees therein 
 named, the sum of £6000 (parcel of the surplus money for which 
 he had contracted to sell the estates to the plaintifi",) upon trust 
 that after the £6000 should be raised by the said trustees, they 
 should place the same out at interest and pay the same to the said 
 C. S. for his life, and after his decease to the said E. S. for her life, 
 and after her decease, upon trust to pay and divide the said £6000 
 to and among their then children, and to and among such other 
 children as they should have, in manner therein mentioned ; but as 
 it is not declared by the said indenture that the' receipt of the trustees 
 should be a sufiicienti discharge for the payment of the said sum of 
 £6000, and* it has not been made to appear before the Master what the 
 agreement was which is recited in the said deed to have been made 
 previously to the said marriage for making a provision for the wife 
 
262 EQUITY PRECEDENTS. 
 
 CH. XII. and children, and neither the trustees for the sale of the said estates 
 nor the children of the said marriage are parties to the suit, therefore 
 the said defendant humbly submits whether any proper discharge can 
 be given for the said sum 'of £6000 (part of the purchase-money,) 
 and whether the purchaser can therefore safely pay the said purchase - 
 money. 
 
 2d Exception. — For that as the said Master hg,th certified , that 
 the plaintiff together with the trustees and mortgagees may make a 
 proper conveyance by lease and release to the purchaser under a 
 good title in fee, and it appears, by the abstract brought in before the 
 said Master that there are various mortgages and incumbrances upon 
 the estates in question in this cause, and none of such mortgages or 
 deeds have been brought in or produced before the said Master, and» 
 therefore it did not appear to the said Master, nor is it stated by the 
 said report what incumbrances there are upon the said estates, nor who 
 are the necessary parties to make a legal conveyance thereof, sup- 
 posing the said C. S. took an estate tail in the lands in question 
 and legally barred the same and all the remainders over, therefore 
 the said defendant humbly insists that the said Master ought either 
 to have stated by his said report that the said C. S. could not alone 
 make a good title to the estate in question, or should have set forth 
 particularly who by name are necessary parties to make a legal con- 
 veyance thereof. 
 
 Wherefore the said defendant doth except to the said Master's 
 said report, and appeals therefrom to the judgment of this Honorable 
 Court. 
 
 General exception to a Master's certificate of insufficiency, under an order 
 of reference to look into the plaintiff's bill, and the defendant's answer, 
 and the exceptions thereto, and to certify whether the answer be sufficient 
 in the points excepted to or not (the defendant not submitting to answer 
 the exceptions.) • 
 
 ( Between J. S. and A. his wife, - Plaintiffs, 
 In Chancery. } and 
 
 ( G. B. and others, - - Defendants. 
 
 An exception taken by the said defendant G. B. to the report of 
 Sir J. S., bart., one of the Masters of this Court, to whom the said 
 cause stands referred, bearing date the 15th day of November, 1822. 
 
 For that the said Master hath in and by his said report certified 
 that the answer of the said defendant G. B. is insufBcien#in all the 
 points excepted unto ; Whereas the said Master ought .to have disal- 
 lowed all and every thejCxceptions taken by the said complainants to 
 
EXCEPTIONS. 263 
 
 the said answer of the said G. B., and to have reported that the said CH. XII. 
 answer is insufficient in all the points excepted unto by the said com- 
 plain ant. 
 
 In all which particulars the said defendant G. B. excepts to the said 
 Master's said^report. 
 
 Exceptions to a Master's report of insufficiency, after a second answer put 
 in by the defendant. 
 
 ! Between J. S. and A. his wife, - Plaintiffs, 
 and 
 G. B. and others, - - - Defendants. 
 
 Exceptions taken by the said defendant G. B. to the report of 
 P. H. Esq., one of the Masters of this Honorable Court, made in this 
 cause, and dated the 14th day of March, 1803. 
 
 1st Exception. — For that the said Master hath in and by his said 
 report certified that the said defendant's first and second answers put 
 in to the said complainant's bill are insufficient as to part of the 10th 
 exception taken by the said complainants to the said defendant's 
 said answers, and the said Master hath thereby certified that the said 
 defendant hath not answered and set forth according to the best of 
 his knowledge, remembrance, information, and belief, for whose ben- 
 efit, and on whose account the trade in the pleadings in this cause, 
 and in the said report mentioned, hath been carried on from time to 
 time since the same ceased to be carried on for the benefit or on the 
 account of the persons interested in the estate of A. G. in the said 
 report named, or the income thereof; Whereas the said Master 
 ought not to have so certified. 
 
 2d Exception. — For that the said Master hath in and by his said 
 report certified that the said defendant's said answer is insufficient in 
 the 12th and 13th exceptions throughout, which the said Master 
 ought not to have done. 
 
 3d Exception. — For that the said Master in and by his said 
 report hath certified that the said defendant's said answer is insuffi- 
 cient in part of the 17th exception taken thereto by the said com- 
 plainants ; "Whereas the said Master ought not to have so certified. 
 
 4th Exception. — For that the said Master hath in and by his "said 
 report certified that the said defendant's said answer is insufficient 
 as to the 19th, 20th, 21st, 22d, 23d, 27th, 28th, and 29th exceptions 
 throughout ; Whereas the Master ought not to have so certified. 
 
 In all which said particulars the said defendant G. B. doth except 
 to the said Master's said report, and humbly appeals therefrom to the 
 judgment of this Honorable Court. . 
 
264 EQUITY PRECEDENTS. 
 
 CH. XII. Exceptions to a Master's certificate of insufficiency, under an order of refer- 
 ence to certify whether an examination of a creditor going in under the 
 decree in a creditor's suit, to interrogatories settled by the Master, is suffi- 
 cient or not. 
 
 ( Between A. P. and another, - - - Plaintiffs, 
 In Chancery. < and 
 
 ( Ann D., widow, ... Defendant. 
 
 An exception taken by C. C. who claims to be admitted a bond- 
 creditor of P. D. to the report of F. P. S. Esq., one of the Masters 
 of this Court, dated the 10 th March, 1810. 
 
 For that the said Master hath in and by his said report certified 
 that the answer and examination of the said C. C, to interrogatories 
 settled by the said Master for the examination of the said C. C. is 
 insufficient ; Whereas the said Master ought to have certified that the 
 said answer and examination is sufficient. 
 
 In all which particulars, &c. 
 
( 265 ) 
 
 CHAPTEE XIII. 
 
 INTERROGATORIES. 
 
 Forms of Titles, and of the first and last general Interrog- 
 atories. 
 
 Titles of interrogatories in Chancery, for examination of witnesses in chief CH. XIII. 
 on the part of the plaintiff. 
 
 In Chancery. 
 
 Interrogatories to be administered to witnesses to be produced, 
 sworn, and examined in a certain cause now depending and at issue 
 in his Majesty's High Court of Chancery at Westminster, wherein 
 W. C. is complainant and M. W. is defendant, on the part of the 
 said complainant. 
 
 CCIV. Title of interrogatories in Chancery, for examination of witnesses in 
 chief on the part of some of several defendants. 
 
 In Chancery. 
 
 Interrogatories to be administered to witnesses to be produced, 
 sworn, and examined in a certain cause now pending, and at issue in 
 his Majesty's High Court of Chancery at Westminster, wherein by 
 original and amended bill J. H., C. H., &c. &c., C. H. and A. H. 
 infants under the age of twenty-one years, by the said L. H. their 
 father and next friend, C. V., &c. &c., are plaintiffs, and T. R. B. 
 and D. his wife, T. W. B., &c., and E. B. and H. B. infants under 
 the age of twenty-one years, by the said T. R. B. their guardian, are 
 defendants ; and wherein by supplemental bill J. H., C. H., &c. &c., 
 are plaintiffs, and T. R. B. and D. his wife, &c. &c., are defendants 
 on the part of all the said defendants, except the said defendants J. J. 
 and G. V. 
 
 23 
 
•266 EQUITY PBECEDENTS. 
 
 CH. XIII. Title of interrogatories in Chancery, for examination of witnesses on the 
 part of the plaintiff pursuant to a decree. 
 
 ! Between A. B. - - - - - Complainant, 
 and 
 CD. Defendant. 
 
 Interrogatories to be exhibited for the examination of witnesses on 
 the part and behalf of the said complainant, to be produced, sworn, 
 and examined pursuant to the decree made on the hearing of the said 
 cause bearing date . 
 
 Title of interrogatorifes in Chancery, for examination of creditors and their 
 witnesses pursuant to a decree. 
 
 ! Between A. B. and C. D. - Complainants, 
 
 and 
 E. F. and G. H. - - Defendants. 
 
 Interrogatories to be exhibited by the said complainants before 
 W. G. Esq., one of the Masters of this Honorable Court, for the 
 examination of the creditors of T. H. Esq., deceased, in the plead- 
 ings in this cause named, and of their witnesses, in • pursuance of the 
 decree or decretal order of this Court made on the hearing of this 
 cause bearing date . 
 
 Title in Chancery, in the case of a contempt for signing a counsellor's name 
 to a bill without his authority. 
 
 In Chancery. 
 
 Interrogatories to be administered to L. M., solicitor to the bill 
 filed in his Majesty's High Court of Chancery on behalf of A. B. 
 against C. D. 
 
 Title of interrogatories in Chancery, for examination of a person de bene esse, 
 pursuant to an order made in a cause. 
 
 In Chancery. 
 
 Interrogatories to be exhibited to D. G. of , for the exam- 
 ination of the said D. G. de bene esse in a certain cause now depend- 
 
INTERROGATORrES. 267 
 
 ing in the High Court of Chancery, wherein J. P. is the the plaintiff, CH. Xlli. 
 
 and J. S. and T. S. are the defendants, pursuant to an order of this 
 
 Honorable Court, bearing date , on the part and behalf of the 
 
 said complainant. 
 
 Title of an interrogatory in Cliancery, for examination of a person |)?-o inter- 
 esse suo, pursuant to an order made on petition. 
 
 'Between H. E. an infant by J. M. his next 
 
 In Chancery. <* ^^^°*^' " " ' ^1^^°*'^' 
 
 and 
 
 T. J. W. and J. S. B. - Defendants. 
 
 An interrogatory to be exhibited to G. E. of , before F. C. 
 
 Esq., one of the Masters of this Honorable Court, for the examination 
 of the said G. E. pro interesse suo in certain premises in the pleadings 
 in this cause mentioned, pursuant to an order of this Honorable Court 
 bearing date , made on the petitioi! of the said G. E. 
 
 Title of interrogatories, in Chancery, for examination of a witness as to his 
 interest in the matters in issue. 
 
 f Between A. C. Complainant, 
 
 In Chancery. < and 
 
 ( T. H. - - . Defendant. 
 
 Interrogatories to be exhibited on the part of the said complainant 
 for the examination of A. B. as to his interest in the event or decision 
 of this cause, the said A. B. being a witness produced, sworn, and 
 offered to be examined in the said cause on the part and behalf of the 
 said defendant. 
 
 Titl€#Df interrogatories in Chancery, to the credit of witnesses examined on 
 the part of the defendant. 
 
 In Chancery. 
 
 Interrogatories to be exhibited to witnesses pursuant to an order of 
 
 his Majesty's High Court of Chancery, bearing date the day 
 
 of , on the part of A. B. complainant, and made in a certain 
 
 cause there depending and at issue, wherein the said A. B. is com- 
 plainant, and C. D. is defendant, fo discredit the testimony of E. F. 
 and G. H., two witnesses heretofore examined in the said cause on 
 the part of the said defendant upon interrogatories. 
 
268 EQUITY PKECEDENTS. 
 
 First general Interrogatory. 
 
 CH. XIII. Do you know the parties complainant and defendant [or complain- 
 As to the ants and defendants] in the title to these interrogatories named or 
 knowkdEte t^^^^ ^^'^ either and which of them, and how long have you known 
 of the par- them respectively, or such [one] of them as you do know ? Declare 
 cause. the truth and your utmost knowledge, remembrance, and belief, herein. 
 [ Or thus : Declare the truth of the several matters inquired after by 
 this interrogatory, according to the best of your knowledge, remem- 
 brance, and belief, with your reasons fully and at large.] 
 
 The concluding general Interrogatory. 
 
 Lastly. — Do you know any other matters or things touching the 
 matters in question in this cause which may tend to the benefit or ad- 
 vantage of the said complainant therein [or, the said defendants or any 
 or either, and which of them therein] ? If yea, Set forth the same and 
 all the circumstances and particulars thereof fully and at large accord- 
 ing to the best of your knowledge, remembrance, and belief, as if you 
 had been thereto particularly interrogated. 
 
 Or thus : 
 
 Where in- Lastly. — Do you know or can you set forth any other matter or 
 ries°fre ex- thing which may in any wise tend to the benefit of the said defendants", 
 the'part°of °'" °^ either of them in this cause, other than the said defendants J. J. 
 some of and G. V. ? If so. Set forth the same, and all the circumstances and 
 fendants^.^' particulars thereof, according to the best of your knowledge, remem- 
 ' brance, and belief, together with your reasons at large. 
 
 FORMS OF INTERROGATORIES FOE THE EXAMINATION OF WITNI^SES 
 
 IN CHIEF. 
 
 To prove "Whether or no did you at any time, and when, as the solicitor of the 
 of ae ab-"^ said complainants, deliver to the said defendant or to any person, and 
 ^'Snt^** whom by name, on his part, any abstract of the title of the said com- 
 title to the plainants to the estates and premises in the pleadings mentioned ? 
 defendant; -vjrijether or no did the said defendant or any person and who on his 
 whether part at any time or times, and when and how make to you any and 
 tion was "hat objection to the said title, and what answer did you thereupon 
 made to the jn^ke, and if by writing set forth the same in the words and figures 
 and what thereof, and what afterwards passed between you and the said defend- 
 
INTERUOGATORIES. 269 
 
 ant or any other person, and whom on his part respecting the said title cH. XIII. 
 or the agreement for purchase in the pleadings mentioned ? Set forth, j^gedreT 
 &C. ative to the 
 
 title or 
 
 agreement 
 
 Were you at any time, and when, and by whom, and on whose be- chasers. 
 
 half, furnished with an abstract of the title of the said complainants xo prove 
 
 to the premises described as lot 2 in the pleadings of this cause men- *^' ■"''" 
 
 JO * J TT ■ . ■■ ness as so- 
 
 tioned { Ana did you at any time or times apply to any person or licitor for 
 
 persons, and whom by name as the solicitor or solicitors of the ' said ^^^ ^ll^^' 
 
 complainants for a copy or abstract of the alleged lease under which furnished 
 
 the said premises were stated to have been let ? If yea. What passed stract of ti- 
 
 between you and the soHcitors for the said complainants at the time of 'atg" old by 
 
 making such application relative to such alleged lease ? Declare, &c. the plain- 
 tiffs, — his 
 application for an abstract of the lease under which the estate was stated to have been let, and 
 what passed upon such appfication. 
 
 Had or not the said R. W. as you know, or do for any and what to prove 
 reason believe, access to the said M. W. his wife, or was he or not in ^^^g^j,*^^ ^ 
 her company, or did he or not see her at any, and what times or time had access 
 
 from the month of to ? And if yea. When and how during a 
 
 often, and at or about what times or time, and for what space of time particular 
 at each time, and where and on what occasion ? Where did the said when, 
 R. W. live or reside during all such period of time, as you know or do ^er^ide^d. 
 or for any and what reasons believe ? Declare, &c. 
 
 Whether or not did the said defendant C. L. as you know or do for To prove 
 any and what reasons believe, deliver or cause to be delivered untOof^nac- 
 the said S. D. F. in his lifetime a written account or any writing pur- count of 
 
 •^ J? moneys 
 
 porting to be an account of some debt or debts or sum or sums oi owing from 
 money that was or were due or owing by or from the said S. D. F. pej.goQ*t^o 
 to the said defendant C. L. ? If yea. In what character and language the defend- 
 was such account or writing written or made out, and when or about language 
 what time was the same deUvered to the said S. D. F., and what was ^^g^^^jj^. 
 or were the particular or particulars of such debt or debts, or siyn or ered, and 
 sums of money, and how much did the same amount unto in the whole ^^^/^ ^f jjjg 
 as you know, remember, or believe ? Whether or no did the said (iebt, 
 S. D. F. as you know or do for any and what reason believe, peruse, er the de- 
 or examine the said account ? Did or did not the said S. D. F. ever ^mtaedThe 
 deliver the said account to you ? If yea. When and about what time account; 
 and for what purpose did he deliver the said account to you ? Did y°j^jP™J'|g. 
 you or did you not by the order or direction of the said S. D. F. or iivered the 
 23* 
 
270 EQUITY PRECEDENTS. 
 
 GH. Xin. Otherwise, and how, at any time, and when, make or write a true copy 
 
 same to the o^ the said account ? If yea. In what language and character and for 
 
 witness, what -purpose was such copy made or written, and was or was not 
 
 ness by his such copy at any time, and when, and by whom, delivered to the said 
 
 made*a ° S- ^- ^- '' -^^^ ^^^ ^r did not the said S. D. F. at any time or times, 
 
 copy there- and when, peruse and examine the said copy, and did he or did he not 
 
 what Ian- in his own handwriting or otherwise, and how and in what language 
 
 I"'^^*;'' . and character and at or about what time or times, make or write any 
 
 thereof to and what minutes, memorandums, or observations on the said copy ? 
 
 ceased; Whether or no is the paper-writing marked with the letter (B) and 
 
 that he ex- jjq^ produced by you, or any, and what parts and part thereof, of your 
 
 same and own handwriting ? If yea. How much or what part or parts thereof 
 
 servations ^® ^^ ^^^ your Own handwriting, and how much and what part or parts 
 
 thereon ; thereof is or are of the haiidwriting of any other person or persons, 
 
 To prove and whom as you know, or do for any and wBat reason believe ? Is 
 
 the posses-'^ *"" '^ "^0* ^^^ ^^^^ paper-writing marked with the letter (B) the copy 
 
 sion of the which was made or taken by you of the aforesaid account ? If yea, 
 witness as ./ ^ j ? 
 
 an exhibit, Translate the said paper-writing marked with the letter (B) and all 
 
 haudwrit- ^^^ minutes, memorandums, and observations written or made thereon 
 
 ing; into, and set forth the same in the English language, and in making 
 
 That wit- such translation, distinguish and point out the English, of so much, or 
 
 ness may Qf g^gj-j paj-t or parts of the said paper-writing as was or were written 
 
 the copy by you, and also the English of so much or of such part or parts of the 
 
 iishancfthe said' paper-writing as was or were written by any other person or per- 
 
 observa- sons, and whom ? Declare, &c. 
 
 tions made 
 
 thereon, distinguishing the parts written by the witness and by other persons. 
 
 To prove Were you or not a party as a trustee for sale or otherwise and 
 ness was a how, to certain and what indentures of lease and release bearing date 
 Frnstee^to'' ^^^ ^^^ ^^^ ^^*^ ^^^^ °^ March, 1792, in the pleadings in this cause 
 certain stated, or to some, or one, and which of them ? And were you or ■ 
 That he not for some length of time, and from and to what period, in some, 
 was m the and what manner, in the employ of T. E. and G. D., both now de- 
 certain per- ceased, in the pleadings in this cause named? And do you or not 
 that'an^'' ^J ''°™'^' ^^'^ ""^^^ means, know whether some, and what account, 
 account did not exist between the said T. E. and G. D., or one, and which of 
 tweenthem them, in their or his lifetime with W. J. deceased, the late plaintiff, in 
 ce^ed^^' *^^ °^"®® ' ^''^ y°'^ °^ "''' ^ ^ trustee for sale as aforesaid, ever 
 plaintiff; and when, sell and dispose of the respective houses and premises of 
 That wit- , . , X /• 1 , , . 
 
 ness,atrus- which you were a trustee for sale under such mdentures of lease and 
 
 cOTtai^^'' release as aforesaid ? And was there or not, some, and what account, 
 houses; open and unsettled between the said W. J. deceased and the said T. E. 
 
INTEREOOATORIES. 271 
 
 and G. D. or with one and which of them, at the time the said CH. XIII. 
 
 houses and premises were respectively so sold and disposed of by xhat at the 
 
 you ? If yea, Was such account ever to your knowledge settled and time of 
 
 adjusted between them, or any, and which of them, and was or not gj, account 
 
 such account an open and unsettled account at the time of the death existed 
 
 „ . . __. unsettled 
 
 01 the said W . J. as you know, or for some, and what reason, believe ? between 
 
 And if such account had ever been stated, settled, and adjusted be- ed plaMff 
 
 tween the said T. E. and G. D. and the" said W. J. in his lifetime, and certain 
 
 should you or not, from your connection or by your employment with sons ; 
 
 the said T. E. and G. D., or by some, and what other means, have 
 
 known thereof? Do you or not know whether the said W. J. in his ^^° *■?, 
 
 . •' . . prove the 
 
 lifetime made or caused to be made any, and what, applications or applica- 
 
 appHcation to the said T. E. and G. D., or to one, and which of them, tyTh™de- 
 
 for a statement of, or to come to a settlement of the said account ceased 
 
 ■ • > 1 T^ o ^ 1 1 I /. 1 plaintiff for 
 
 existing between them r it yea, oet torth the number ot such a settle- 
 applications, and the respective times or time in particular, when the ™'^°*- ^ 
 said W. J. made or caused to be made such applications or applica- 
 tion, and the nature thereof, and when and by whom made, and in 
 whose presence, and upon what occasions or occasion, and on or 
 about what date in particular was the last time the said W. J. made 
 or caused to be made, such applicatiQu to the said T. E. and G. D., 
 or to either, and which of them, and what passed between the said passed at 
 parties respectively, at the respective times or time such applications sucj5™pp]i. 
 or application were or was made ? Declare, &c. cations. 
 
 To prove a 
 
 Were you or not, present at any time, and when, at the stating of of\ccounts 
 
 any, and what account, between the said complainant and the said between 
 
 defendants touching or concerning the estate and effects of the said and defend- 
 
 testator E. F. in the pleadings of this cause named ? If yea. Was or j."*| [^'^" 
 
 were, or not, any account or accounts touching such estate or effects testator's 
 
 then settled between them, and was or not any and what balance balance 
 
 then settled and ascertained as due to any, and which of the said par- '^^^ ascer- 
 , , , , '-, -, .p , , tamedtobe 
 
 ties, and was or not such balance then paid over, and ii not, why and due, and 
 
 for what reason ? Declare, &c. menuhere- 
 
 • of. 
 
 Whether or no did you at any time, and when, deliver to the said ^j^° dSw- 
 defendants, or either, and which of them, any bill for business done ery of an 
 by you on their, or either, and which of their account not connected bin^ and 
 with the said cause, and whether or no did you at any time, and when, '''J.' a" 
 
 ' _ '' J •> 7 action was 
 
 cause any and what proceeding to be commenced against the said commenc- 
 defendants or either, and which of them, for the amount of such bill ? recorery of 
 Declare, &c. the amount 
 
272 EQUITY PRECEDENTS. 
 
 CH. XIII. Did you or not, at any or either, and which of the meetings he- 
 
 To prove tween you and the said inquired after by the last preceding 
 
 tlie produc- interrogatory, produce or shew unto the said f— all or any, and 
 
 book to a which of the acknowledgments or memorandums to which his name 
 tainingo'e"- ^ppeai's to be Subscribed, and which are written or contained respec- 
 
 tain ac- lively in the folios of the said produced book marked (A) ? 
 
 ments or And did the said on any, and which of such occasions, or on 
 
 difms"^°" ^"y other, and what occasions or occasion, and when in particular, 
 signed by say or declare anything, and what, unto you or unto any persons or 
 the declara- person, and whom by name, in your presence or hearing, relative .to 
 tions made g^^jj acknowledgments or memorandums, and to his name appear- 
 ative there- ing to be subscribed thereto, and purporting that he had signed the 
 °' same, or any and which of them, or that his name appearing to be 
 
 subscribed thereto, or to any and which of them was in his own hand- 
 writing, or to any such or the like effect ? Set forfh how and in 
 
 what manner the said expressed himself at such times or time 
 
 in relation thereto ? Declare, &c. 
 
 To prove Whether or not did the said defendants, or any, and which of them, 
 fendants ^' commence an action at law against J. F., the agent of the said com- 
 commenc- plainants in the said bill named ? If yea. Set forth when such action 
 ed an ao- tti r-ni-i.! • r, 
 
 tion against was commenced, and the nature oi, and object or the action.'^ 
 
 tiff's'agent Whether or not did the said J. F. plead to such action ? If yea, 
 and when, Declare the nature of his defence ; Whether or not did such action 
 ture there- come on to be tried ? If yea. Whether or not did the plaintiffe in 
 th' ^d"fenee ^^'^^ action get a verdict ? If yea, Whether or not did the Court of 
 thereto; King's Bench set aside such verdict and direct a new trial to be had 
 That the of the said action ? Whether or not did such new trial come on to 
 on™o be™^ ^^ tried at the summer assizes held for the county of Y. for the year 
 tried, that igig ? If yea. Were you present at such trial ? If yea, Declare to 
 
 the plain- , , „ , , , , •, , 
 
 tiffs got a the best oi your remembrance what passed thereat, and how and m 
 
 which'the ""'^at terms the judge charged the jury ; Whether or not were the 
 
 Court of K. jury desirous, to find a special verdict ; Whether or not did the judge 
 
 and direct- make a minute of it in his notes, and if yea. Set forth the purport 
 
 ed a new ^nd effect of such minute ; Whether or not was it agreed between 
 trial; .• . . ° 
 
 the plaintiffs and defendant in the said action that the amount of the 
 
 same came damages to be recovered by the plaintiffs in the said action should be 
 
 on at the left to arbitration ? If yea. Whether or not was any arbitrator ap- 
 
 RSS1Z65 £1110. •/ ' J L 
 
 what ' pointed ? If yea, Has such arbitrator ever made his award ? If 
 thftria°° 7*^^' Declare the damage? awarded by the said arbitrator to the 
 
 and the plaintiffs in the said action. Declare, &c. 
 
 judge's 
 
 charge to the jury. That the jury were desirous to find a special verdict, the minute thereof 
 made by the judge. The agreement to refer the amount of damages to arbitration, and what 
 amount was awarded by the arbitrator. 
 
INTERROGATORIES. 273 
 
 Did you at any time or times, and wlien, and at whose request, or cH. XHI. 
 
 in pursuance of any directions or instructions given to .you by any j^y^p^^~ 
 
 person or persons, and whom by name, cause any, and what, adver- advertise- 
 
 . ^ , . ,...•' , , ,. mentsbe- 
 
 tisement or advertisements, to be inserted m any or what, pubhc ing inserted 
 
 paper or papers relating to, or for the discovery of the said A. 6., J? '^'^ P'^^" 
 
 and was or were such advertisement or advertisements inserted in for the dis- 
 
 such public paper or papers at any time or times, and when, as you Lrson and 
 
 know, or for any, and what -reason, believe? Have you heard of '!;y ^^'^.°^® 
 
 ' •" .... direction ; 
 
 the said A. G., or had you any, and what application or applications and wheth- 
 
 made to you with respect to him, or the matter comprised in such ^^^j, ^J^' " 
 
 advertisement or advertisements since the same was or were so heard-ofthe 
 
 individual, 
 inserted ? Declare, &c. or had any 
 
 applica- 
 tions re- 
 . specting 
 
 Were you, or not, employed, and when, by the said complainant him since 
 and defendant, or either, and which of them, to prepare the agree- [fg^^g^jg" 
 ment in the said former interrogatory mentioned ? If yea, Had you -fg prove 
 any, and what directions from the said defendants, respecting the ^^^^ "^^i'" 
 
 ./ ' ^ . . ^6ss was 
 
 terms of the said agreement, and concerning the land-tax in the said employed 
 
 agreement mentioned, and what did the said defendant say to you, or i^Ja?'^'^' 
 
 in your presence or hearing as to the said land-tax, and the sum of agreement, 
 
 $200 to be paid by the plaintiff to the said defendant, and were you rections 
 
 informed by either, and which of the said parties, for what considera- f'g™;™' 
 
 tion the said premium or sum of $200 was to be paid ? Declare, &c. the terms 
 '■ thereof. 
 
 Did you or not, at any time, and when, hear the said complainant , 
 
 »' ( "^ ' •I'l'-i-'-^ prove a 
 
 make any proposition to the said defendant respecting his, the said parol agree- 
 
 complainant's residing with the said defendant in his house, and was ™™ting" 
 any, and what agreement come to between the said complainant and tiie plain- 
 the said defendant respecting such matter, and did you or not, hear i^g ^jtii 
 upon that or any other and what occasion, the said complainant make ^^« defend- 
 any, and what promise, to the defendant respecting the amount and 
 nature of the recompense which the defendant was to receive from 
 the said complainant, for his residing in the said defendant's house ? 
 Declare, &c. 
 
 Did you or not, and by whose desire or direction, make any, and To prove 
 what division or allotment of the lands m the pleadings ot this cause ^ess made 
 mentioned ? If yea. To whom, and when did you deliver such divis- ^'^.^""f 
 ioii or allotment, and did or not, the said defendant J. P. acquiesce certain 
 in or approve of such allotment, and did he take possession of his to"wh'om, 
 part or share ? Did you or not, at any time afterwards, and when, ^^"^^^^^^t" 
 review or reconsider such allotment, and upon what occasion, and by eredtheal- 
 
274 EQUITY PRECEDENTS. 
 
 CH. XITI. whose desire, and did you or not make any second allotment or any 
 and what alteration in your former allotment, and was or not the said 
 that defend- division or allotment made by you, a fair, impartial, and just division 
 ant acqui- ^j. allotment ? Declare, &c. 
 
 esced there- 
 in, and took . 
 possession of liis share; that witness afterwards reviewed the allotment, and by whoso desire, 
 and what alterations he made therein. 
 
 To prove J)q you or not, know whether the said complainant entered upon 
 
 plaintiff en- and enjoyed any, and which of the lands in the pleadings in this cause 
 
 t^^hind™ mentioned, in severalty or not. If yea. State what particular lands 
 
 allotted to were enjoyed by the plaintiff, and what by the defendant, 
 him in sev- 
 eralty. 
 
 To prove Are you acquainted with the manner of purchasing annuities on 
 
 the value of jj ^j^^ fjjg value thereof, and the way in which the same are 
 
 a lite annu- ' ' -^ 
 
 ity. secured in the public funds ? If yea, How long have you been 
 
 acquainted therewith ? W-hat was the value of an annuity of $ 
 
 during the life of a person aged in the month of , ac- 
 cording to the metliod of computing the value of annuities upon lives, 
 and according to the common and usual course of business in trans- 
 actions of that nature ? Declare, &c. 
 
 To prove "VVas or not, the said complainant T. C. at any time, and when, to 
 
 plaintiff your knowledge or belief, employed as the attorney or agent of the 
 
 plovetTbv ®^**^ defendant S. A. ? If yea. Declare when the said T. C. was so 
 
 defendant employed by her, or relative to her affairs, and for what length of 
 
 fidential time, and whether generally as the confidential attorney or agent of 
 
 attorney or (.j^g gg^jjj g_ j^_ ^g yQ^ know or believe, and set forth the grounds upon 
 
 for what which you found such your knowledge or belief ; Declare, &c. 
 
 period. 
 
 To prove Look upon the book entitled now produced and shewn to 
 
 the author 7^^ ^^ 'his the time of your examination, marked with the letter (A), 
 
 ofabookor ^nd in the pleadings in this cause mentioned ; Who by name wrote or 
 
 reputed so '^ ° ^,-1,1 , 
 
 to be, and was the author or composer of the said book, or who was and is re- 
 
 whether it 
 
 was an 
 
 puted so to be ? Is the said book an original composition, or a copy 
 
 original of any Other, and what work ? Declare, &c. 
 compo- 
 sition. 
 
 To prove Did you or not, know A. B., in the pleadings of this cause named, 
 
 banlirupt- ^""^ previously to , and for any, and what time before ? If 
 
 cy by keep- yea Did the said A. B. at that time, and for any and what length of 
 mg house. „ ' j d 
 
 time before, carry on any, and what, trade or business, and where, 
 
 and do you or not, previously to the said , recollect any person 
 
INTERROGATORIES. 275 
 
 and whom by name, calling at the house or dwelling of the said A. B. CH. Xin. 
 for money, and was or not such person a creditor of the said A. B., ' 
 
 and was or not the said A. B. at home at such time, and did he or not, 
 see the person who so called, or what answer was given or sent to 
 such person, and was the answer given or sent by the direction of the 
 said A. B., or with his privity or consent ? Declare, &c. 
 
 Did or not the said T. M., in the pleadings of this cause named, pre- To prove 
 
 viously to the day of , and from, and up to what time biinkrupt- 
 
 in particular, carry on any, and what trade or dealing, and in what 9^ ''X ^^'''S 
 
 „ in prison. 
 
 sort of merchandise ? Was or not the said T. M. a prisoner in the 
 
 Fleet Prison, and when did he first become a prisoner there, and for, 
 and upon what account was he imprisoned, and how long did he con- 
 tinue a prisoner without being bailed or discharged, and what charges 
 or detainers were there lodged against him during* the whole time of 
 such, his imprisonment ? Declare, &c. 
 
 Whether or no did the said defendant C. D. in the lifetime of the To prove a 
 
 said S. D. send, remit, or deliver unto the said S. D. any bill or bills ofXng"^^ 
 
 of exchange ? If yea. For what sum or sums of money, or of what ?^<='i'^"g^ 
 
 value or amount was or were such bill or bills of exchange respectively time of a 
 
 and in the whole, and when or about what time or times was or were !;l';!i?f® 
 
 such bill or bills of exchange so sent, remitted, or delivered, and was 
 
 or were or not the sum or sums of money mentioned in, or secured or that the 
 
 made payable by the said bill or bills of exchange, or some and which ({yiy paid 
 
 of such sums of money received by or paid to the said S. D. or to his '^^ *'^'^y ^^' 
 
 order or for his use when and as the same became due and payable or 
 
 soon afterwards, or at any other and what time or times ? And did and wheth- 
 
 er the de- 
 or did not the said S. D. in his lifetime, and when, repay the said de- ceased re- 
 
 fendant C. D. or satisfy him the said sum or £ums of money or any p^J-t of't'he 
 
 or either and which of them or any and what parts or part thereof ? amount 
 
 Declare, &c. 
 
 , To prove 
 
 Whether or no did you draw and deliver to the said complainant j,ess as the 
 any and what number of bills of exchange, and to what amount, for purchaser 
 
 • rnT»/"ici^ ship's 
 
 the produce of the said cargo upon the said defendants T. E. and C. S., cargo deliv- 
 
 and did you or not at or about that time or at any time and when ship ^j^^ plaintiff 
 
 on board the said ship called the M. or any other and what ship or for the pro- 
 ■ -ri n /~i CI 1-1 duce drawn 
 
 ships and consign to the said defendants T. R. and C S. any colonial upon the 
 
 produce or any and what effects and. to what amount in order to pro- fh^t ht «)nl 
 
 vide for the payment of the said bills so delivered by you to the said signedoolo- 
 
276 EQUITY PRECEDENTS. 
 
 CH. XIII. complainant for the produce of the said cargo. Or whether or no 
 
 nial prod- ^ave you at any time or times, and when, assigned or conveyed to the 
 
 lice to said defendants T. E. and C. S. or to any other person or persons and 
 
 provide for whom by name in trust for them or for their benefit any and what 
 
 the pay- ggtates or property whatsoever in or towards satisfaction of the said 
 
 meat there- c r j ■iii-i 
 
 of, or made bills ()r any of them or any part thereof, or have the said defendants 
 
 erty t^o™^" T. R. and C. S. been in any other and what manner paid or satisfied 
 
 them or j^y y^^ jj^g amount of the said bills or any and which of them or any 
 that they •' •' "^ , 
 
 have been and what part thereof, or have you m any and what manner and when 
 
 Amount! o'l^ lifid credit in account with the said defendants T. R. and C. S. for the 
 
 have given amount of the said bills or any and which of them or any and what 
 
 wituGss 
 
 credit in part thereof ? Set forth, &c. 
 
 account for 
 
 the amount — 
 
 of the bills. 
 
 To prove Do you know, and from what circumstances, when and where the 
 
 the birth g^jj complainant A. W. was born and baptized ? If yea, Set forth the 
 
 tism of the time and place of her birth and baptism and the reason of your knowl- 
 
 p aiu 1 . Q^gQ therein, and who were her father and mother, and where they 
 
 usually resided at the respective times of the birth and baptism of the 
 
 said complainant, and what was their situation in life. Set forth &c. 
 
 To prove ' Do you know the lands in the pleadings of this cause mentioned, 
 
 rie^s of™' ^' called glebe lands ? If yea. Where are the same situate and how are 
 
 glebeiands, the boundaries thereof marked and described, and in whose occupa- 
 
 ocoupation tion and under what term or holding were the said glebe lands on 
 
 we Ta ^^^ ^'^ October, 1801, and what was then the annual value of the 
 
 particular said glebe lands as you know or for any and what reason believe ? 
 time, and t-> i d 
 
 what was Declare, &c. 
 
 then the an- 
 nual value. 
 To prove Are you not acquainted with the premises in the pleadings of this 
 
 a garden, cause mentioned, called the detached garden ? If yea. How is such 
 
 and wheth- detached garden fenced or surrounded, and by what ground or premises 
 
 6r L11.G1 G IS • • T 1 ^ n 
 
 any com- is it bounded or abutted, and particularly on the east side thereof, 
 between'"" ^""^ ^^ thefe or not any gate, door, or opening communicating with 
 the same any and what premises on the east side of the said detached garden ? 
 joining Declare, &c. 
 
 premises. 
 
 To prove Whether or no do you know and how long have you lived in the 
 
 dearies rf'a V^^''^^'^ °^ ^- '" ^^'^ county of , and whether or no did you at . 
 
 parish, and any time or times and when attend any and what public perarabula- 
 
 ed from the tions of the said parish, or are you by any and what other means ac- 
 
 adjomnig quainted with the boundaries of the said parish, and in particular with 
 
 the boundary or division between the said parish and the parish of C, 
 
INTERROGATORIES. 277 
 
 and how and in what manner is the said parish of W. divided from the cH. XIII. 
 said parish of C. ? Declare, &c. 
 
 Are you or not acquainted with the piece or parcel of land contain- To prove 
 ing a stone quarry in the pleadings of this cause mentioned to be situ- *ries™a 
 
 ate at or near certain places called ox known by the names of pi«°8 °^ 
 
 and in the parish of and near to the river A. ? If yea, taiuing a 
 
 How long have you been acquainted therewith, and how is such piece ry°'|fn^"tr 
 of land bounded, and at what distance is the same situated from the distfcce ' 
 said river A. ? Look upon the map or plan now produced and shewn i;ivS-,^ 
 to you at this the time of your examination, marked with the letter 
 (A), — What doth the same purport to be or contain, and does not the particular- 
 same contain a true and correct plan of the said piece or parcel of land ererc*e\cf a 
 and quarry and of the boundaries thereof as you know or do for any map or plan 
 and what reason believe ? Declare, &c. 
 
 Do you know L. H. chapel, now or formerly situated at L. in the To prove 
 
 parish of B. in the county of L. or the site thereof ? Was the same ^h'lT^'f'^^.as 
 
 used as a Roman Catholic chapel or as a Protestant chapel as you used as a 
 
 know or for any and what reason believe ? Were the ceremonies of CathoHc 
 
 baptism, marriage, and burial performed in the said chapel as you chapel or 
 
 know or have heard and from whom or for any and what reason be- chapel; 
 
 lieve, and were there or not any registers or register of baptisms, bap'tisms 
 
 marriages, and burials made or kept in or adjoining to the said marriages, 
 1 1% Tr- A -1 . . -, „ and burials 
 
 Chapel .'' it yea. Are or is there any registers or register thereof were per- 
 
 now kept in or adjoining to the said chapel, of baptisms, marriages, there^ and 
 
 and burials performed therein ? Do you know or have you heard and whether 
 
 from whom whether the said chapel and registers were ever, and when ters thereof 
 
 destroyed by fire or otherwise and how and by whom ; Have you heard JI^''^ J^^P' 
 
 any person or persons and whom by name, make any and what dec- Whether 
 
 larations relative thereto, and were or was such persons or person in and raSs^- 
 
 any and what manner connected with or in the service of or in any \^^^ vme 
 
 •' . •' destroyed 
 
 and what manner related to any person in the service of the family of and when 
 
 A. in the pleadings of this cause named, and are or is such persons or ^v°hatd'ecla- 
 person or any or either of them now living, and if dead, when did they rations wit- 
 respectively die ? What is the general report or belief of the persons heard rela- 
 residing in the neighborhood of the said chapel of L. H. or the site and from '° 
 thereof relative to the destruction of the said chapel and registers by whom; 
 fire or otherwise as you know or for any and what reason believe ? such per- 
 
 Set forth according to the best of your knowledge, remembrance, in- ^°"^ ''^®™ 
 ° ■' P connected 
 
 formation, and belief, all and every the matters inquired after by this with a par- 
 interrogatory and the grounds thereof. femiry, and 
 whether living or dead; and the general belief in the neighborhood relative to the destruction of 
 the chapel and registers. 
 
 24 
 
278 EQUITY PRECEDENTS. 
 
 CH. XIII. Are you or not acquainted with the said complainants J. T. and M. 
 
 his wife ? And if yea. Are you acquainted with the state of the said 
 
 whal^hil- complainants' family ? What children or child have the said complain- 
 plaSitiffs ants J. T. and M. his wife now living, and what are or is the names or 
 have. name of such children or child ? Set forth all you know concerning 
 
 the particulars inquired after by this interrogatory and the reasons for 
 
 such your knowledge ? Declare, &c. 
 
 To prove Whether or no had the said M. H. and A. his wife, heretofore or 
 dren a"'''^"' late A. C. in the preceding or 7th interrogatory mentioned or inquired 
 
 plaintiff after, any and what number of children ? If yea, What were their re- 
 had by her t j ,,.,/., -, ■ 
 late bus- spective names or the names of any and which ot them, and particu- 
 
 their ^""^ ^arly are or is not the said complainants E. H. &c or some or one and 
 
 names; which of them the children or child of the said M. H. and A. his wife, 
 
 of the and had they or not another son named T. H., and is he living or dead ? 
 
 planitiffs ^jjjj j£ ijgj^^i -when and about what time did he die, and did he or not 
 
 are the ' 
 
 surviving leave any children or child or issue, and whom ? Had or not the said 
 
 andtha'tthe A. H. any and what other children or child or issue other than and 
 
 widow had ijesides those hereinbefore named ? If yea, Are they, or any and 
 
 another son , ./. , , , . 
 
 who died which of them living or dead, and if dead, when or about what times 
 issue""' O'' '■™® '1''^ '"i^y ^"^ any and which of them die as you know or do for 
 any and what reason believe ? Declare, &c. 
 
 To prove Do you know what is become of T. H. in the preceding interroga- 
 
 whether a j^j.^. ug^j^gd ? Is he living or dead ? If living, where hath he from 
 
 person is time to time resided since the day of ? Or if dead, 
 
 d'ead^ that when or about what time did he die and where ? Did he or not for 
 
 he contrib- any and what period of time in any manner and how pay or contribute 
 
 uted to the -^ , , ^ „ •' , , . 
 
 mainten- any and what sum or sums ot money yearly or otherwise, and how, 
 
 child and ^°'' °'' towards the maintenance or education of the child which is 
 
 frequently inquired after by the last interrogatory, and did he or not during 
 
 the degi-ee any and what period of time ever and when or how often and where 
 
 °L°°'.'°®°'" visit or see such child? Were you present at all or any and how 
 
 aftection he . . 
 
 shewed many and which of such times ? And if yea. Did he at all or any and 
 
 and in what which of such times take any and what kind of notice of such child, 
 
 manner he or shew or express and how or in what particular manner any and 
 
 expressed t ^^ . „ . 
 
 himself; what degree of affection for it and on what account, and how and 
 
 treated ^"^ what manner did he at such times generally express and be- 
 
 such child have himself to or respecting such child ? Set forth the particulars 
 as his own, „, . ni- i . ,. 
 
 and thatthe ot such expressions or declarations and any circumstances relating 
 
 ed'Mm as'" *'^®''^*° ' — ^^^ ''^® ^aid T. H. at all or any and which of such times 
 his ftither. and in the presence of any other person or persons, and whom by 
 
INTERROGATORIES. 279 
 
 name, treat such child or speak to it or of it, as being his own child, CH. XIII. 
 and did such child at all or any and which of such times speak to 
 or address the said T. H. as being its father, or as being in any and 
 what degree or manner related to it ? Declare, &c. 
 
 Whether or no do you know and for how long have you known To prove 
 the defendant J. P., the sister of the said testator W. G. and her dren'a de- 
 family ? Whether or no were there any and what children of the fendanthad 
 said defendant J. P. living at the time of the death of the said testator, of a testa- 
 
 and when did the said testator die, and which of such children are '?'"'"^?, . 
 
 ' time of his 
 
 now living and what are their respective ages, and if any or either of death, and 
 them have or has died since the said testator, when did she or they d^ren are liv- 
 die ? Declare, &c. ' i°g ™ ^^<'^^- 
 
 What was the true and real consideration of the said deed marked To prove 
 (A) ? Whether or no were or was any and what sums or sum of meut of'the 
 money at or about any and what times or time paid as or for or in oonsidera- 
 part of the consideration thereof, and when and where and by whom expressed 
 and on whose account and to whom and for whose use and on what '° j ^u^^' 
 
 ^^ and tne ac- 
 
 occasion ? If yea. Were you or not present at the time of paying the knowledc- 
 
 same or any and what part thereof? And if yea, Did or not the per- person on 
 
 son whose name appears to be subscribed to the receipt indorsed on ffoei'^'ng 
 '^'^ . J- the same. 
 
 the said deed at or about the time of signing such receipt say or 
 declare anything and what concerning his having received or being 
 paid or satisfied the whole or any and what part of the money therein 
 or thereby expressed to be paid to and received by him ? Declare, &c. 
 
 Were you at any time and when present at any and what conversa- To prove a 
 tion between the said complainant and defendant respecting the said yo^ t,e_ " 
 defendant's purchasing of the said complainant his the said com- tween the 
 plainant's interest in the sum of £2400 in the pleadings of this cause anddefend- 
 mentioned to have been paid by him into the Court of Chancery in a ™' j™" 
 
 certain cause entitled ? If yea, How did such conversation the defend- 
 
 arise, and what passed between the said defendant and complainant chashig the 
 respecting such purchase, and did or not the said defendant agree plaintiff's 
 to purchase such interest upon any and what terms, and what in a sum of 
 particular did the said defendant say to the said complainant respect- ^J^aw'mto 
 inff the said complainant's chance of recovering the said £2400 ? Court in 
 
 ° -^ another 
 
 Declare, &C. ' cause; the 
 
 ac^reement 
 to purchase the same and upon what terms 
 
280 EQUITY PRECEDENTS. 
 
 CH. Xin. Have you at any time or times, and when, or how often, had any 
 Topiove find what conversation or conversations with the said defendant 
 oonvei-sa- respecting the renewal of the lease granted by t}ie said Dean and 
 specting Chapter in the pleadings of this cause mentioned ? If yea, How did 
 ofa'feS™ such conversation or conversations arise, and what passed between 
 and also you and the said defendant respecting the obtaining of such renewal, 
 ment by and did or not the said defendant agree to apply for or make any and 
 to?pDl'"f r '^''^^^ declarations relative to the making of any and what applications 
 a renewal, for the renewal of such lease, and what in particular did the said 
 defendant say to you respecting such renewal, and was any other per- 
 son and who by name present at the time of such conversation or con- 
 versations or any and either and which of them ? Declare, &c. 
 
 To prove Whether or no were you at any time in the year , and when 
 
 ularsof a and where present with the said complainant and the said defendant, 
 
 conveisa- j_ j)_^ when any conversation passed between them respecting the 
 
 an offer public-house called the at E., in the occupation of the said 
 
 the pUintiff <^°™pl^'n^nt, and any agreement relating thereto? If yea. Set forth 
 
 to one of the particulars of such conversation, and what was said therein by 
 
 the defend- , . , . . , , , , , . , , 
 
 ants. the said parties respectively, and whether the said complainant then 
 
 me 'of''alet offered to pay any and what sum of money to the said defendant 
 of inter- J. D. ; Set forth, &c. 
 
 on file part 
 
 of the 
 
 plaintiff to Did you know F. A. deceased, in the pleadings of this cause 
 
 agreement named the uncle of the said complainant, and did you know H. I, 
 
 cZis^o'fa °^ ' <J6ceased, or either and which of them in their or his 
 
 public- lifetime, and how long did you know them respectively, previously 
 Topiove a *° ^'^^'^ death, or such one of them as you did know, and how and 
 knowledge in what manner and for what length of time previously to their deaths 
 persons de- respectively did you so know or become acquainted with them re- 
 how^fiid"'' spectively ? Did you at any time or times, and when in particular, 
 for what hear the said F. A. enter into any conversation or conversations with 
 time vdt- °^ make any declaration or declarations to the said H. I. or any 
 aoqu^nted °^^^^ person or persons and whom by name and when in particular 
 with them; and in whose presence, relative to his family and relations, or any 
 co°nvere™ estate or estates to which he the said F. A. considered himself en- 
 
 twe'en''^' ' *^*^^*^ ^ "^""^ ^^^ ^°^ ^' ^^^ *''"'® °^ *™^® ^^^ '^^^n ^^ar the said 
 them, qf H, I. make any and what declaration or declarations relative to his 
 tions^'made ^®^"S present at the time, that any and what agreement was entered 
 
 tlfem rell '°'° ^^ ^^^ ^^^^ ^' ^' "^^^^ ^"^ person or persons and whom by 
 tive to his name, relative to any and what estate or estates, or any and what 
 relations"'' "moneys that the said F. A. was to receive annually from any person 
 or property or persons and whom by name, and the consideration thereof ? And 
 
INTERROGATORIES. 281 
 
 did you at any time, and when, hear the said F. A. read any and CH. XIIF. 
 
 what deed or deeds, agreement or agreements between him and any to which 
 
 and what person or persons relative to any and what estate or ^'^ consid- 
 _ ' •' ered him- 
 
 estates r And do you know whether any deed or deeds, parchment, selfenti- 
 
 or paper-writings belonging to the said F. A. was or were at any xo'^proyg 
 time or times and when, destroyed by fire or otherwise and how ? deoiara- 
 And did you at any time and when see any and what deeds or deed other, mat 
 that were or was at any time and when in possession of the said Z^JT\ „* 
 F. A., that had any and whose seals affixed thereto, or had the 'he time an 
 names or name of any persons or person and whom signed thereto ? wasentered 
 If yea. Set forth all and every the particulars inquired after by this jpto^la- 
 interrogatory, or such of them as you do know, and the particulars tain prop- 
 thereof and of every part thereof. Declare, &c. pro^'e th*at 
 
 ^ "witness 
 
 heard the agreement read; To prove the destruction of certain papers by fire; and that wit- 
 ness saw certain deeds in the possession of one of the deceased persons having the names and 
 seals of certain persons thereto. 
 
 Interrogatories to be exhibited, &c. (see p. 265, ante,) wherein j^° ^™™ 
 W. R. and J. P. assignees of the estate and effects of E. T. a bank- conversa- 
 rupt, are complainants, and T. H. is defendant, on the part and behalf the defend- 
 of the said complainants. antrespeot- 
 
 '^ ^ mg a bank- 
 
 Ist. (As to knowledge of the parties, vide ante, p. 267.) mpt's af- 
 
 2d. Had you at any time, and when first and where, and in whose -^yha't 
 
 presence any conversation with the defendant respecting the affairs agreement 
 r J . „ was made 
 
 of E. T. the bankrupt in the pleadings of this cause named ? If respecting 
 
 yea. Set forth upon what occasion such conversation took place, and ment^o'f^"^" 
 
 the particulars of such conversation, and what was said thereon by part of the 
 
 ^ banlirupt's 
 
 the said defendant, or by you, or any other person or persons, to or property, or 
 
 in the presence or hearing of the said defendant respecting the ^'"^^jPy^g" 
 affairs of the said E. T., and was any and what agreement then come hereto; 
 to by you on the part of the said E. T. with the said defendant re- defendant 
 specting the assignment of any and what leases, or was anything fg^^g^Jfthat 
 and what then said by the said defendant or by you or any other the bank- 
 person and whom to the said defendant or in his hearing respecting jj, insolvent 
 any such assignment ? And did you then inform the said defendant ^j^™™" 
 that the said E. T. was in insolvent circumstances, or did anything and what 
 and what pass as to the insolvency of the said E. T. or as to any and ^^^l^ ^^ *' 
 what composition being made or proposed to his creditors, or as to °j°J^?^?^j^ 
 the said defendant's guaranteeing such composition ? Set forth, &c. his credi- 
 M. Had you at any other time or times and when afterwards ^''t^e^ie,^^ 
 
 before the commission of bankrupt was taken out against the said fondant's 
 
 • • 1 1 • 1 J r 1 t guarantee- 
 
 E. T. any other conversation or conversations with the saia delendant j^g the 
 
 respecting the affairs of the said E. T., and where and in whose 5^™^- '^° 
 
 24* 
 
282 EQUITY PEECEDENTS. 
 
 CH. XIII. presence and upon what occasions respecting such affairs ? If yea, 
 
 prove sub- ^^t forth the particulars of such conversation or conversations in the 
 
 sequent order in which the same took place, and what was said thereon 
 
 couversa- . , , . n i c i i 
 
 tions with respectively by you or the said defendant, or any other person or 
 
 ant Te-'^°^' Persons, and whom, in his presence or hearing ; And was any and 
 
 specting what agreement come Jo, or anything and what said in any and 
 
 rupt's which of such conversations, as to the assignment of any and what 
 
 affairs; leases by the said E. T. to the said defendant, and did anything and 
 what •' 1 • 1 
 
 agreement what pass in any and which of such conversations as to the insolvency 
 
 w'what'^'^' of 'lie said E. T., or as to any and what composition being made or 
 passed as proposed to his creditors, or as to the said defendant guaranteeing 
 to the as- , . . ^ r> / . o 
 
 signment such composition r bet lorth, &c. 
 
 thibLk. ^*'^- ^hen did you first inform the said defendant of or did you or 
 rupt'sprop- not learn from him that he knew or suspected the insolvency of the 
 to the in- said E. T., and when first did anything and what pass between you 
 ^°^™°y °^ and the said defendant or any other person and the said defendant 
 
 11116 ufliTlK- J ^ _ 
 
 rupt, or a in your presence and hearing respecting a composition to be made 
 
 tion'^with ^^^ proposed to the creditors of the said E. T., and when first 
 
 his credi- m the said defendant agree to guarantee such composition ? Set 
 tors, and as <= o 
 
 to the de- forth, &C. 
 
 gnaran'tee- Lastly. (The last general interrogatory, vide ante, p. 268.) 
 
 iug the [These interrogatories were exhibited to the clerk of the bank- 
 
 same. To 
 
 prove when rupt, who had discovered his insolvency and informed the defendant 
 the defend- f •■. -i 
 ant was "^ ^'""J 
 first in- 
 formed of the insolvency of the banlirupt, and when first anything passed respecting a com- 
 position with his creditors, and when first the defendant agreed to guarantee the same. 
 
 To prove Were you or not employed by the said J. E. deceased, as his attor- 
 
 thatwit- •' ,. . . , , . , . , 
 
 ness was ney or soucitor in the purchase or in completing the purchase ot 
 
 bv a'de-*^ the said reversionary estate and interest of the said bankrupt, and in 
 
 ceased per- preparing the necessary conveyances and assurances thereof ? If yea, 
 
 attorney in •'-'W you lay the abstract of the title thereto before or employ any 
 
 t^e pur- counsel and whom by name on behalf of the said J. E. or on whose 
 
 chase of a •' 
 
 banlirupt's behalf to prepare the necessary conveyance or conveyances of the 
 
 ry estate- ^^^^ reversionary estate and interest of the said bankrupt, and to 
 
 that wit- Tvhom by name ? And did or not the said J. E. inform you of his 
 ness laid ..... . , •' 
 
 the ab- intentions in making such purchase, and did or not the counsel so 
 
 fore^cnun- employed by you prepare the necessary drafts of such conveyances 
 
 sel with in- according to the directions and instructions of the said J. E. ? If 
 
 to prepare yea, Set forth the declarations made by the said J. E. to you relative 
 
 the con- t(, amj expressive of his intentions in making such purchase, and 
 
 and the how and in what manner and for what purpose such conveyances 
 
 intentions 
 
INTEREOGATOKIES. 283 
 
 were prepared by such counsel as you know or do for any and what OH. XIII. 
 
 reason believe : Declare, &c. ~7T ]; 
 
 of the de- 
 ceased in making the purchase ; That counsel prepared the drafts of the conveyances and the 
 declarations of the deceased relative to such purchase, and the conveyances which were pre- 
 pared. 
 
 Did or not the said J. R. at any time and when alter his inten- To prove 
 tions with regard to the draft conveyances inquired after by the pre- tered his " 
 ceding interrogatory, and did or not the said J. R. give directions to int™tions 
 you or to any other person or persons and whom by name to make to the con- 
 any and what alterations and insertions in the said draft conveyan- y^e mrM- 
 ces, and what was the intention expressed by the said J. R. in ti<">s which 
 making such alterations as you know or do for any and what reason to the alter- 
 
 believe ? Declare, &c. ^''°"" '° 5® 
 
 ' made, and 
 
 his inten- 
 
 Do you know or can you set forth whether any deed or deeds of tive\here"- 
 
 grant or conveyance was or were made for the purpose of carrying *o- 
 
 the agreement in the last preceding interrogatory mentioned into To prove _ 
 
 execution ? If yea. By whom was or were such deed or deeds pre- deeds of 
 
 pared ? Was or not Sir T. B. in the pleadings in this cause named a ance^were 
 
 party to such deed or deeds ? If yea, Whether or not did he exe- prepared, 
 
 cute such deed or deeds or any of them ? If yea, then set forth whom : 
 
 when and upon what occasion and at what place sftid in whose That Sir T. 
 
 presence the said Sir T. B. executed the same ; Whether or not were party, and 
 
 or was any drafts or draft made from which such deed or deeds was executed 
 •' the same 
 
 or were prepared and engrossed ? If yea, Whether or not was or and the cir- 
 
 were such draft or drafts, or any and which of them at any time ces"att^"d- 
 submitted to the said Sir T. B. for his perusal, or to any person on iig s^^oh 
 his behalf? If yea, Whether or not did the said Sir T. B. or any j^ „^g^^ ' 
 person on his behalf peruse such draft or drafts or any and which of jhctter 
 them ? Whether or not did the said Sir T. B. or any person on his thereof 
 behalf approve of such draft or drafts, or make any and what correc- ^■"^^ly'^' 
 tions, amendments, or alterations therein ? Whether or not was or prepared ; 
 were the engrossment or engrossments of such deed or deeds so exe- the same 
 cuted by the said Sir T. B. prepared or copied from such draft or ^^ere sub- 
 drafts ? Whether or not was any attorney or other professional person sir T. B. 
 present at the execution of the said deed or deeds on behalf of the ^°'' ^.'f P®" 
 said Sir T. B. ? If yea. Whether or not did such attorney or profes- Whether he 
 sional person peruse or read over such engrossments or engrossment ? an'^ro^'^d'^f 
 Whether or not were or was the same read and by whom to the said the same. 
 Sir T. B. before he executed them ? Whether or not were or was any altera- 
 such deeds or deed or any counterpart thereof then or at any time ''""f ""^ °°'^" 
 and when left in the possession of the said Sir T. B. or of his stew- therein ; 
 ards or agents ? Declare, &c. the t'^^"^ 
 
 grossments were prepared from such drafts ; Whether any attorney was present on his part, and 
 whether such attorney read over the engrossments, and whether the same were read over to Sir 
 T. B. before he executed the same, and whether the deeds or a counterpart were left with him or 
 his steward. 
 
284 EQUITY PRECEDENTS. 
 
 CH. xni. Whether or no did you at any time or times, and when and on 
 
 To prove a whose behalf correspond by letters or otherwise and how, with the 
 
 corre- gajd defendant T. H., or did you or not at any time or times and how 
 spondence . , -, , , ■ i i,. i ii 
 
 with, or the or m what manner and by what means receive any letter or letters 
 
 Sei-sVrom ^^""^ ^™> "*^''^ respect to ? And if yea, Have you such let- 
 
 the defend- ters, or any, and which oC them in your possession, custody, or power, 
 
 prove the or what is become of the same respectively ? If you are able, pro- 
 
 handwri- ^^^^ g^jjj letters, and declare how, or in what manner, and by what 
 ting there- ' ' ■ n !• i 
 
 of and how means the same respectively came mto your possession, and oi whose 
 
 caml'^tato Handwriting all such letters respectively are, and were or was not the 
 
 the wit- same or any or either and which of them ever, and when and by 
 
 session ; whom and on what occasion produced or shown to the said defendant ? 
 
 whose -"-^ y^^' ™ whose handwriting did he declare or admit the same re- 
 
 handwri- speotively or any and which of them to be, and what is the purport 
 
 fendant ad- or effect of such letters respectively ? Declare, &c. 
 
 mitted the 
 
 letters to be 
 
 upon the 
 
 same being Whether 'or no were you on or about the day of 
 
 shewn to ^ ■' i i i , i • 
 
 him. and for how long before employed as clerk or bookkeeper in any 
 
 by a clerk ^^^ what trade or business carried on by the said defendant S. F. in 
 
 the oircum- copartnership with his said brother A. F. or any other person or per- 
 
 state of sons, and whom, and at what place ? If yea, Whether or no had you 
 
 th^'h' °/ any and what opportunity to know, and did you or not know the cir- 
 
 ness of a cumstances and state of credit of the said trade or business, and of 
 
 firin"and'of ^he said S. F., and of the other person or persons interested therein, 
 
 the part- a[-id what were the circumstances and state of credit of the said 
 ners, and , i • n 
 
 that the do- S. F., and of the said other person or persons on or about the said 
 
 wer'e'ao^ ^^J °^ ' ^""^ ^°'' ^°"^^ ^^^ ^'^^' *'™® before ? Whether 
 
 quainted or 110 as you do for any and what reason know and believe, were the 
 and had re- said defendants, or any, or either, and which of them, in any and 
 fused pay- ^}jf^(; manner acquainted on or about the said day of , 
 
 ment of a ^ j y 
 
 draft drawn with the circumstances and state of credit of the said S. F. and of 
 
 by the firm, his said copartner or copartners ; and whether or no did the said 
 
 defendants, or any and which of them, at any time and when, on or 
 
 about the said day of , refuse payment of any draft 
 
 for a sum of £ , or any other and what sum of money drawn 
 
 on them, or some and which of them by the said S. F. and his said 
 copartner or copartners, or any and which of them, and for what 
 reason, and under what circumstances did they refuse such payment ? 
 State the particulars of the several matters hereinbefore inquired into, 
 fully and at large, and the truth declare, &c. 
 
INTEUROGATOUIES. 285 
 
 Bid you or not know J. S. in the pleadings of this cause named? CH. XIII. 
 If yea, Is he living or dead, and if dead, where and when did he die, tq^ 
 
 prove 
 
 and did you or not see him after he was dead, and where was he *'i^ ''^^''^ 
 
 ,.," of a party 
 
 Duned, and did you or not attend at his funeral, or how do you know and his 
 that he is dead ? Declare, &c. ''"'™'- 
 
 Did you know the leasehold estate called W. in the particulars of To prove 
 the estate in the pleadings of this cause mentioned? And if yea, no^Lee In 
 
 Did you know ? And if yea, Was the said living or ^ ^f??^ ^^'^^^ 
 
 dead on the 4th October 1821, and if dead, when did he die, and 
 
 how do you know that the said is dead ? And was or not 
 
 the said one of the lives named in the lease of the said es- 
 tate called W. as you know or for any and what reason believe ? 
 Declare, &c. 
 
 Did you know A. B. and C. D. ? If yea. Do you know whether To prove 
 they or either, and which of them be now living or dead ? And if subscribing 
 they are dead, when did they respectively die, and how do you know witnesses, 
 that they are both, or either of them is dead ? Declare particularly handwri- 
 your reasons for knowing or believing that the said A. B. and C. D. "'°' 
 are or that either and which of them is dead ; And are you acquaint- 
 ed with the character or manner of handwriting of the said A. B. 
 and C. D., or either and which of them ? If yea. Look on the exhibit 
 marked with the letter (A) and now produced and shewn to you at 
 this the time of your examination, and at the names of A. B. and 
 C. D. indorsed thereon as witnesses to the sealing and delivering there- 
 of and declare whether the same be of the respective proper hand- 
 writing of the said A. B. and C. D. as you know or for any and what 
 reason believe ; Declare, &c. 
 
 Did you or not know J. G. late of , a witness examined de To prove 
 
 bene esse in this cause ? If yea. Do you know whether he is living a\vftrre*ss"^ 
 or dead, and if dead, when did he die, and how did you become examined 
 acquainted with his death ? Look upon the paper-writing now pro- and a copy 
 duced and shewn to you at this the time of your examination marked oftheregis- 
 with the letter (A) and purporting to be a copy of the register of the burial. 
 burials of ? Did you at any time, and when, carefully exam- 
 ine the same with the entry made in the register book of or kept for 
 any and what parish or place, and is the same a true copy thereof as 
 you know or for any and what reason believe ? Declare, &c. 
 
286 EQUITY PllECEDENTS. 
 
 CH. xm. Whether or no was the testator W. 0. in the pleadings in this 
 To prove cause named, at the time of his death indebted to the said complain- 
 the debt ants, or either, and which of them in any and what sum or sums of 
 plaintiffs, money, and when, and by what means, and on wliat account did the 
 said testator become so indebted ? Declare, &c. 
 
 To prove -^^^g ^j. ^^^ jj^g g^^j^j g_ -q j^ j^jg lifetime indebted unto the said 
 tntit a de- 
 ceased per- defendant C. L, in any sum or sums of money as you know or do for 
 
 debted to' ^"7 ^^"^ what reason believe ? If yea, In what sum or sums of 
 
 the defend- money, and for what, or on what account or accounts, and to what 
 
 ant; appli- ■ r, 
 
 cations amount was the said S. D. so indebted unto the said defendant C. L. ? 
 
 Mm for° Whether or no did the said defendant C. L. by himself, or by any 
 
 payment; othpr person or persons, and whom, in the lifetime of the said S. D., 
 
 apply to or request the said S. D, to pay, or satisfy him, the said 
 
 defendant C. L., such debt or debts, or any, or either, or which of 
 
 them, or any, and what parts or part thereof, or make any other and 
 
 what application to the said S. D. touching or concerning the said 
 
 debt or debts, or any or either, and which of them, or any and what 
 
 parts or part thereof? If yea. When or about what time or times, 
 
 and where and in what manner was or were such application or 
 
 applications, or request or requests made, and what did the said 
 
 flip H pppfl^" 
 
 ed's ao- S. D. do, say, or declare then or on that occasion ? Whether or no 
 knowiedg- jj(j ^he said S. D. in his lifetime, and when, or about what time or 
 
 ments of . ' ' • 
 
 the debt; times, and where, and upon what occasion or occasions, say, confess, 
 
 acknowledge, or declare unto you, or unto any other person or pei'- 
 
 sons, and whom, in your presence or hearing, anything, and what 
 
 touching or concerning such debt or debts, or any or either and 
 
 that wit- which of them, or any and what part or parts thereof? And did you 
 
 sevevalTe^ °^ ^^^ 7°*^ "°*^ ^* '^"y ti™« or times and when, by the order or direc- 
 
 ters to the tion, or at the desire and request of the said S. D. or of any other 
 
 defendant •' 
 
 by the de- person or persons, and whom, write or send any and what letter or 
 reciTon'^re-'" ^^^'^i'^' °^ ^^J Other and what writing or writings, and of what con- 
 specting tents, purport, or effect to the said defendant C. L., touching or con- 
 that the de- cerning the said debt or debts, or any, or either, and which of them, 
 
 promised to °^ '^"^ *°'^ ^^^'^^ P^'''® °^ P^''' t^^reof? Whether or no did the said 
 
 pay the S. D. at any time or times in his lifetime, and when, where, and in 
 
 same; ^^,-j^^^ manner, and upon what occasion or occasions, and to whom, 
 
 and in whose presence and hearing, admit, confess, or acknowledge, 
 
 or promise to pay the said debt or debts, or any, or either, and which 
 
 and wheth- °^ ''^^™' °^ ^"^ ^"'^ "^^^^ ^^^^^ °^ P'^'"'' ^liereof ? And did or not the 
 er the debt said S. D. at any time or times, and when in his lifetime, pay or in 
 was^ever ^^^^ .^^^^ ^j^^^^ manner satisfy the said defendant C. L. the said debt 
 
INTEKROGATORIBS. 287 
 
 or debts, or any, or either, and which of them, or any and what parts CH. XIII. 
 or part thereof? Declare, &c. 
 
 [ To prove the execution of deeds ; see post.'] 
 
 Have you now, or have you not lately, and when last had in your To prove 
 custody, or possession, or power, certain deeds, papers, writings, and ^^^^^ ^f^ 
 documents in some and what chest or otherwise, of, or relating to the certain 
 estates and family of A. in the pleadings in this cause named, or of his posses- 
 some and which of them ? If yea. How did the same come into your *'™' ''j°™ 
 custody or power, and from whom and when did you receive or pos- received 
 sess the same and each and every of them, and how did the same and how' 
 come into the custody, possession, or power of the person or persons '''^^ '^P® 
 from whom you received or possessed the same as you know or have tiie posses- 
 heard, or for any and what reason believe ? Declare, &c. peraom''^'' 
 
 from whom 
 
 he received 
 
 the same. 
 
 Look upon the deeds, papers, or writings produced, &c. What To prove 
 do tlie same respectively purport to be ? Were or was the same or of old'deels 
 any or either and which of them at or about any and what time or ™d 'n 
 times found, and by whom, and on what occasion in the custody of tody the 
 any and what persons or person amongst any deeds or writings relat- ?^'"® ^^^^° 
 ing to any, and what, and whose estate ? Where and in whose cus- 
 tody have or hath the same, or any, or either, and which of them 
 been from time to time, and for any and how long time kept, and 
 whether or not amongst the deeds or writings relating to any and 
 what estate, or how otherwise ? Declare, &c. 
 
 By whom were the said indentures brought over to B. to be exe- J° PT"^*^ 
 cuted, and upon what daj» in particular, and whether or no upon certain 
 occasion of the same being so brought over, and prior to the execu- brought to 
 tion thereof, were the same, or any, and what parts thereof in par- ^ Person to 
 ticular read over to the said bir T. B. by you or by any person and ed ; wheth- 
 whom by name on his behalf, for their or his approbation, or were the ™ere*re™^ 
 same, or any, and what part thereof in particular, read over by any o'^'er to him 
 
 -, , , ■ ,. , P , ., ^. or on his 
 
 person, and whom by name, in or out oi the presence ot the said Sir behalf; 
 T. B. ? And if yea. By whose directions and requests did such per- ^'^'^^''^'''^ 
 son so read and inspect the same, and what parts, and for what pur- was re- 
 pose, and with what view in particular, and where was the said Sir IhT-^lmoa 
 T. B. when such person so inspected the same, or any, and what part 1'^° 
 thereof; and in particular were you, or was any other person, and over 'the 
 
288 EQUITY PRECEDENTS. 
 
 CH. XIII. who by name upon the occasion aforesaid, requested by the said per- . 
 
 fleecls to son or persons who brought over the said indentures to B. or either 
 
 peruse and ^^^ which of them to peruse and examine the same on behalf of the 
 
 examine '^ 
 
 the same said Sir T. B. and to approve thereof for him, and to see that the 
 
 the person same was properly and fairly drawn up ; and whether or no was the 
 
 hy whom aforesaid memorandum of agreement, or any draft of the said release 
 
 they were , , , . „ . ' , 
 
 to be exe- produced on the occasion aforesaid, or was the same, or any, and 
 
 Whether what part thereof, comprised with the said release, and whether or 
 any memo- no, as you do know, or have any and what reason for believing, was 
 agreement it understood or believed by you and the other persons in the employ- 
 er draft ao- mgnt or service of the said Sir T. B. who were present, and by the 
 oompanied . . r ' j 
 
 the deeds, said Sir T. B. when he executed the said release, that the said coal 
 
 was theun- comprised therein was the same only as was comprised in the said 
 
 derstand- memorandum of agreement, or was it understood, and known, or 
 
 mg at the .7 
 
 time of ex- believed by the said Sir T. B. or by you and such other persons or 
 
 withreo-ard either and which of you that the said release did comprise more than 
 
 to the such last-mentioned coal and what other coal ? Set forth, &c. 
 
 premtses 
 comprised 
 
 therem. Whether or no did the persons who brought over the said indent- 
 
 what the ^^res to be executed as aforesaid, or either and which of them then 
 F^'^'Lht^?" iffo*"™ o"" intimate to you, or to ■any other person present on behalf 
 deeds to be of the said Sir T. B. that the said release had been prepared by thein 
 s5d°"\vhich *''" ^y either and which of them, according to the directions of the 
 had the ef- gaid Sir T. B. or with his knowledge or consent, or intimate or say 
 ducing the anything upon the aforesaid occasion, which had the effect of induc- 
 bei'iev?that ^"S 5"°" °^ ^^'^^ Other persons present on behalf of the said Sir T. 
 the release B. to Suppose that the said release was properly prepared and accord- 
 prepared ing to the directions and instructions received from him, or that he 
 to ae'iii^ was acquainted with the terms and conditions thereof, or intimate or 
 structions say anything which had the effect of making you inspect or examine 
 to be less the Same less minutely and attentively than you would otherwise 
 careful in \yave done, or which tended thereto ? And if yea. What was the 
 
 examining p , . ./ ? _ 
 
 the same, nature and purport of such intimation, and what fell from such per- 
 sons, and from either and which of them so far as you recollect the 
 same, and how long did such person remain at B. after the same 
 release was executed ? Set forth, &c. 
 
 wh/ w™ Whether or no did ' you upon occasion of the same release being 
 ness brought to B. for execution, examine or read over the whole thereof? 
 
 unnecessa- And if nay. What were the reasons which prevented you from so 
 
 me^thet^' ^°^^S' *"' ""^^^^ ™^'^6 JO'^ think it unnecessary so to do? Set 
 
 denture of forth, &c. 
 
 release. 
 
INTERROGATORIES. 289 
 
 "Whether or no did the persons who brought over the said release CH. XIII. 
 
 to be executed as aforesaid propose or invite any inspection or exam- j^ prove 
 
 ination thereof? Set forth, &c. whether 
 
 the person 
 who brought the release to be examined proposed an examination thereof. 
 
 "Whether or no was there upon the occasion last mentioned any To prove 
 I. , . , ' /> 1 • that the 
 
 appearance oi .eagerness and anxiety on the part or the persons in person who 
 
 the preceding interrogatory referred to, or other and which of them, hrougiitthe 
 
 that the said indentures of lease and release should be forthwith executed 
 
 executed by the said Sir T. B. ? And if yea, Did either and which of Leat^anxi- 
 
 them express such eagerness and anxiety to you or to any other per- ®'y t° ^^^^ 
 
 son in your presence, and what reason did they or either and which outed; that 
 
 of them assign for such eagerness and anxiety shewn ? And whether ty'did not^ 
 
 or no did such eagerness or anxiety on their part escape your atten- escape the 
 
 tion and observance at the time when the same was shewn, and did observa- 
 
 you then draw any conclusion or inference therefrom ? And if yea, *'°"i ^."'J. 
 
 What conclusion and inference did you then draw, or did you draw ence he af- 
 
 any and what inference therefrom at any subsequent time, and when ^^rew^there- 
 
 did such eagerness and anxiety if any for the first time appear, state ; trom, and 
 
 and when did you for the first time draw any and what conclusion or the first 
 
 inference therefrom, and why did you not draw any such inference *""®" 
 
 therefrom at the time when the same was shewn ? Set forth, &c. 
 
 "Whether or no upon discovering the said grant to be objectionable To prove 
 
 did you take any and what steps for the purpose of altering the same, witness 
 
 and in what particular or particulars did you endeavor to have the ^"g^olj^™ 
 
 same altered, and state all such particulars, and whether or no did ing the iu- 
 
 you ever and when, endeavor to have any alteration made in the release to 
 
 description of the parcels of land in the said release contained with J'.® "'pfo- 
 
 . , . . p , tionable, to 
 
 the view of conforming the same with the description of the parcels have the 
 
 contained in the said memorandum of agreement or with any other g^^and the' 
 
 and what view, and if not why not ? Set iforth, &c. parcels 
 
 ■^ made con- 
 
 formable to the description contained in the previous agreement. 
 
 "Whether or no did you ever compare the said memorandum of To prove 
 agreement and release as to the description of the coal comprised JJ^^g g^'^^^. 
 therein respectively and of the lands comprised" therein respectively, ined the 
 and of the lands under which the same coal did lie, and did you or and re- ° 
 not discover, or were you or not informed that the said memorandum '^^g^'he*^ 
 of agreement and release differed in any and what particulars, and first discov- 
 when did you for the first time discover that the said memorandum the desorip- 
 of agreement and release do differ therein, or by whom were you \'^^^{^^_ 
 informed thereof, and what was the occasion of such variation being prised in 
 25 \ 
 
290 EQUITY PRECEDENTS. 
 
 CH. Xin. discovered so far as you do for any and what reason know or believe, 
 and by whom by name was such variation first discovered ? Set 
 
 the release „ ,, „ 
 
 differed forth, &C. 
 
 from the 
 
 agi'eement, or by whom he was informed thereof, and when such discoTery was first made, and 
 
 the occasion thereof. 
 
 To prove Whether or no while you acted in the said land agency were any 
 isifs'were'" promises made or expectations held out to you by the grantees named 
 held out in the said release or by any and which of them that the same should 
 denture of be corrected and in any and what particular, and when and in the 
 ''®^®^,*^, presence of whom by name and upon what occasion were such prom- 
 con-ected. ises made or expectations held out, and in what manner were the 
 same made and held out respectively ? Set forth, &c. 
 
 To prove Whether or no did you at any time after the release was executed 
 
 that wit- an,j when inform the said Sir T. B. that you objected to the terms 
 
 the release and stipulations^ thereof or to any and which of them in particular, 
 
 Td^b •' S°"" and whether or no did the said Sir T. B. ever and when in particular 
 
 T. B. in- express to you or to any other person as you do know or believe by 
 
 of various name any disapprobation of the manner and terms in and upon which 
 
 °^j?°*'°"^ the said release had been drawn up ? And if yea, What was the 
 
 had discov- extent of such disapprobation, and to which of the terms and stipu- 
 
 the terms lations of the said release was such disapprobation in particular and 
 
 thereof; exclusively directed ? And whether or no as you do for any and 
 
 B. express- what reason know or believe would the said Sir T. B. have continued 
 
 ^'^li'ob'a-^ to acquiesce in the said release, and especially would he have afcqui- 
 
 tion of the esced in any claim on the part of the said L. M C. to the said farm, 
 
 which the J^ the year 1789, occupied by J. K. if any claim thereto had been 
 
 deed was made or declared in his lifetime or if "he had co'nceived that any such 
 
 drawn up ; i i c i ^ 
 
 and that he claim would thereafter be made ? And would he as you do for any 
 
 er°have"ao- ^^^ vihAt reason know or believe have endeavored to set aside or 
 
 quiesced to alter the said release by any and what proceedings in any and what 
 
 on the part particulars if he had become aware of the terms and conditions 
 
 tee*s'^to^™" thereof, and especially if he had become aware that more coal was' 
 
 particular comprised therein than in the said memorandum of agreement? 
 
 such claim Set forth, &C. 
 
 had been 
 
 made in Ms lifetime ; but that he would have taken proceedings to have had the deed rectified if 
 
 he had been aware that more coal was comprised therein than in the previous agreement. 
 
 To prove How came you to be present at B. at the time when the before- 
 
 under what mentioned indentures of lease and release were executed, and for 
 
 cn-cum- ' 
 
 stances wit- what purpose were you there, and whether or no for such purpose 
 
 pened to be^^'^l"^i'^®ly 0"^ for any and what other purposes ? Set forth, &c. ' 
 
 present at 
 
 the time of the execution of certain deeds. 
 
INTERROSATOKIBS. 291 
 
 Was there or not any dispute or difference between the said com- CH. XIII. 
 plainant and defendant relative to the said complainant's paying the Xo prove a 
 
 sum of £ , or any other and what sum or sums of money to R. jjispute 
 
 T. in the pleadings in this cause named? If yea, When or about what enl'efween" 
 time did such dispute or difference arise or take place, and what was and "defend^ 
 the particular nature thereof ? Declare, &c. ant with re- 
 
 gard to the 
 payment of 
 
 Did or not the said complainant and defendant ever and when. ^ °®''i?''^ 
 J. o IT /v» sum or mon- 
 
 agree to reter such dispute or difference to the arbitration or deter- ey; 
 
 mination of any person or persons and whom by name ? And if yea, Jgre^emlut"^ 
 Did or not such person or persons undertake such reference and fully '° ""^f^^ 
 and fairly hear the said complainant and defendant touching such pute to ar- 
 dispute or difference? If so. When and where did such arbitrator or ^e aedsion 
 arbitrators hear the said complainant and defendant, and did or not made by 
 such arbitrator or arbitrators make any and what award or decision or tor, and'the 
 give any and what opinion touching the matters so referred to him "defendant's 
 or them ? And was or not the said defendant ever and when and oence there- 
 where and by whom and how or in what manner informed or made '°' 
 acquainted with such award, decision, or opinion, and did he or not 
 then or at any other time or times, and when, make any and what de- 
 clarations respecting the same, and did he or not appear to be satisfied 
 therewith ? Declare, &c. 
 
 Do you or not know, and if yea, how and by what means, whether To prove 
 
 the said complainant H. S. ever and when and of whom and in what of divi- 
 
 manner received any and what sum or sums of money and to what <iends upon 
 
 ■' •' a sum of 
 
 amount for or in respect or on account of the dividends due upon the stock by 
 
 sum of £700 3 per cent, consolidated bank annuities in the pleadings j;^^ ^'°" 
 of this cause mentioned, and in particular do you know whether she 
 received such dividends or any part thereof and from whom subse- 
 quently to the day of ? Declare, &c. 
 
 Were you or not at any time and when, during what space of time 
 
 in particular employed by the said defendant J. G. in the pleadings ^''i.Pu?^^^* 
 in this cause named, as his attorney or solicitor ? If yea, JJook upon abstracts of 
 the exhibits now produced and shewn to you at this the time of your gd by the' 
 examination marked respectively (A) and (B), the one marked (A) witness as 
 indorsed as purporting to be an " abstract of the title of E. F. M." &c. the defend- 
 and the one marked (B), indorsed as purporting to be a " further ™'' 
 abstract of the title of E. F. M." &c. ; Did you at any time or times 
 and when in particular as the solicitor or attorney of the said J. G. 
 
292 
 
 EQUITY PRECEDENTS. 
 
 CH. XIII. receive the said exhibits respectively or either and which of them 
 Exhibits, from any person or persons and whom by name, either on their or 
 his own belialf or on tlie behalf of any and what other person or 
 persons ? And are the said exhibits respectively in the same state 
 and condition in which they respectively were at the time you 
 received the same from such person or persons or how otherwise ? 
 Declare, &c. 
 
 Interrogatories for examination of an accountant relative to an account made 
 out by him of the dealings between deceased persons. 
 
 Outline of the Plaintiff's Case. 
 
 G. G. the husband of the plaintiff was agent to D. defendant's hus- 
 band in L., and as D. made remittances to G. who paid money for D. 
 in the capacity of agent, an account was opened between them ; G. 
 died. The person to whom these interrogatories were administered 
 was employed after G.'s death to settle the accounts between him and 
 D., afterwards D. died. The plaintiff brought her bill praying an 
 account, and alleging that a sum of money remained due to her from 
 the estate of D. 
 
 To prove 
 that ■wit- 
 ness was 
 employed 
 to mafee out 
 the ac- 
 counts; al- 
 so to prove 
 as exhibits 
 ■ the booljs 
 delivered to 
 him on the 
 part of the 
 plaintiff, 
 which had 
 been kept 
 by her de- 
 ceased hus- 
 band. 
 
 To prove 
 applica- 
 tions made 
 to the de- 
 fendant's 
 late hus- 
 band for his 
 boolcs of ac- 
 count; also 
 prove the 
 same as ex- 
 hibits. 
 
 1st. \_As to knowledge of the parties ; seep. .1 
 
 2d. Were you or not ever and when employed by any and what 
 person or persons and whom by name, to make out any account of the 
 dealings and transactions between the said G. G. and T. D. in their 
 respective lifetimes ? And if yea, When did you receive from the said 
 complainant any books, papers, or writings for such purpose, and par- 
 ticularly, whether or not any and what books or book which were or 
 was, or appeared to have been kept by or for the said G. G. in his 
 lifetime for the purpose of making entries of any and what kind, relat> 
 ing to dealings between him and the said T. D. ? Lool^ upon the books 
 now produced, &c. Were or was the same or either and which of 
 them ever and when delivered unto you by or on behalf of the said' 
 complainant for such purpose or on such occasion or for what other 
 purpose or on what other occasion, and what do the same respectively 
 purport to be ? Declare, &c. 
 
 3d. Did, you or not ever and when or about what time in any and 
 what manner apply to the said T. D. to deliver or send up to you or 
 furnish you with any books or book of account, papers, or paper 
 matters or things for or towards enabling you to make out or assisting 
 you to make out the account of dealings and transactions between the 
 said G. G. and T. D., and did or not the said T. D. ever and when 
 or in what manner deliver or send unto you any and what books or 
 
INTERROGATORIES. 293 
 
 book of account, papers or writings for such purpose or in consequence CH. XIII. 
 of such application ? Look on the books, papers, and writings, &c. ExhibitsT 
 Were or was the same or any or either of them delivered or sent unto 
 you by the said T. D. on such occasion or for such purpose, and what 
 do the same produced books, papers, and writings respectively purport 
 to be ? Declare, &c. 
 
 4:th. Did you or not ever and when draw out any account in writ- To prove as 
 ing of or concerning the dealings or transactions of all or any and ?j" es^hibit 
 what kinds which were had or passed between the said G. G. and made out 
 T. D. for any and how long time or times and from and to what or^sTcopy^' 
 times ? Did you or not previously to or in order to the drawing out '¥'''^?'' ""'^ 
 of such account, carefully or otherwise and how, examine, inspect, the same is 
 or peruse all or any and which of the books, papers, or writings f^i'se"'^ 
 which were delivered or sent unto you for such purpose by or on 
 behalf of the said complainant and the said T. D. respectively or 
 by or on behalf of either and which of them ? Look upon the book or 
 writing, &c. Is the same or not the account which, if any, was so 
 drawn out by you, or a true copy thereof? Doth the said book or 
 
 paper marked contain a just and true account of all dealings 
 
 and transactions between the said G. G. and T. D. for the time for 
 which the same appears to be an account, or are there any and what 
 errors, omissions, or false charges therein and for what reason ? Point 
 out all such errors, omissions, and false charges, and how the same 
 hjippened therein ? Declare, &c. 
 
 5th, Whether or no was a copy of the account which, if any, was To prove 
 drawn out by you as is inquired after in the 4th interrogatory, at or of the ao?^ 
 about any, and what time delivered or sent, and by whom unto the "o™' ^ 
 said T. D. ? Was the same or not a true copy of the said book or by the wit- 
 writing, &c., or did the copy which, if any, was so sent or delivered, in gent t^The 
 any, and what respect, differ or vary from the said produced books or deceased 
 writings marked, &c. ? Declare, &c. the defend- 
 
 6th. Whether or not were any meetings had, and how many in ''°'" 
 number, between you and the said T. D. for or in order to the set- meetings 
 tling, examining, or considering, of the said account which, if any, ^^^ ^y *® 
 was drawn out by you as is inquired after in the 4th interrogatory ? with the 
 If yea. When or about what time, and where were such meetings had, the defend- 
 and how long were you and he together at each of such times ? Did ant in order 
 or not the said T. D. at all or any, and which of such meetings with tling of the 
 any, and whai degree of care or attention, or otherwise, and how drawn-out- 
 examine the whole, or any, and what part of such account, and all or what 
 
 any, and which, of the articles therein ; and were or not any, and thereat and 
 what books, papers, or writings, inspected or examined 'by him and ^nowledg- 
 you, or one, and which of you, at such meetings, or either, and which ments were 
 of them ? Set forth what passed between you and the said T. D. at him.^ ^ 
 25* 
 
294 
 
 EQUITY PRECEDENTS. 
 
 CH. XIII. such meeting, touching the settling, or adjusting, inspecting, or ex- 
 £xhibiis. ^mining, of the said account or. in any manner relating to the several 
 
 items or charges therein, and how the said T. D. at such respective 
 
 meetings expressed himself relating thereto ; Did or did not the said 
 T. D. at any time, and which of such meetings, or at any, and what 
 other time in any, and what manner, acknowledge or allow the said 
 account, or any, and what particulars thereof, to be just and true ? 
 And did he or not, finally make any, and what objections, thereto, 
 or to any, and what articles, matters, or things, in his favor, and to 
 what amount ? 
 
 7th. {To prove in evidence the acknowledgments made hy the de- 
 ceased husband of the defendant, in his own handwriting, contained 
 in an account booh ; see the \st interrogatory inserted in p. 272, 
 ante.) 
 
 8th. {To prove remittances of bills of exchange ; the same interrog- 
 atory as inserted post.) 
 
 Lastly. {The concluding general interrogatory ; see p. 2^9}, ante.) 
 
 To prove ^'^ 7^^ know L. N. in the pleadings named, and how long and in 
 
 the hand- what character were you acquainted with him, and can you [^or are 
 
 and also to you able] by and what means [to] speak to his handwriting ? De- 
 
 exhibit a''" clare the truth, and your utmost knowledge, remembrance, and belief 
 
 diary or ac- herein. 
 
 count kept 
 
 by a land 
 
 agent to a proprietor of extensive coal mines. 
 
 Look at the exhibit now produced and shewn to you, marked with 
 
 the letter , and purjiorting to be a certain diary or account kept 
 
 by the said L; N. between the months of January and October 1780 ; 
 Whether or no is the same such diary or account, and in whose hand- 
 writing is the said diary or account, and in what character or capac- 
 ity was the same kept or written by the said L. N., or by any other, 
 and what person, by name ? Declare the truth, &c. {ut supra.) 
 
 To prove 
 the signa- 
 ture to an 
 agreement 
 by some 
 person ac- 
 quainted 
 with the 
 
 handwrit- 
 ing. 
 
 Look upon the paper-writing now produced, and shewn to you at 
 this, the time of your examination, marked with the letter (A) ; 
 Whether or no are you by any, and what means, acquainted with the 
 character and manner of handwriting of the said defendant I. D. ? 
 And whether or no is the. name I. D. appearing to be set and sub- 
 scribed to the said produced paper-writing of the proper handwriting 
 of the said defendant L D., as you know, or believe ? Declare, &c. 
 
INTERROGATORIES. 295 
 
 Whether or no were you acquainted with E. D., late of , but CH. XIII. 
 
 now deceased, and did you ever see the said E. D. write, or are you ^^^^j^.^^ 
 
 by any, and what other means acquainted with the character or man- 
 
 ner of handwriting of the said E. D. ? Look upon the paper-writing jj," l^^^. 
 now produced, &c. Whether or no is the name E. D. appearing to be tureofadq- 
 
 ' 1. 1 o CGD,SGQ T)Gr~ 
 
 set and subscribed to the said produced paper-writing marked (A) of son to au 
 the proper handwriting of the said E. D., or as you know or believe ? Ifl^^^'^l'j^ 
 
 Declare, &C acquainted 
 
 with his 
 handwrit- 
 Look at the paper-writing marked with the letter (A) and now pro- '"S- 
 1 J p TTTi , . . , -, , To prove 
 
 duced, &c. W hether or no is your name appearmg to be set and sub- witness's 
 
 scribed thereto for the said defendant of your proper handwriting ? ^'1™''^^^'° 
 
 If yea. When did you so set and subscribe your name thereto, and ment as 
 
 whether or no had you the instruction or direction of the said defend- onbeha&of 
 
 ant to sign such paper, or any such paper, or to make any such agree- the defend- 
 
 ment, or any other, and what agreement, with the said complainant ; what pass- 
 
 or did you at any time, and when previously, inform him, or intimate to ^^ ?'^^T!"ii- 
 
 him, that you would on his part, sign such paper, or make any agree- 'signing the 
 
 ment to any such, or what other eflFect, with the said complainant, and wlietherthe 
 
 did he approve of such your intention, or how otherwise : or did vou defendant 
 . ^'^ •' ' 'J approved 
 
 at any time, and when, first afterwards, inform him, or in any, and thereof. 
 
 what manner, intimate to him that you had such paper, or made any 
 agreement to any effect with the said complainant, and did he approve 
 thereof, or how otherwise, or with what authority, and with what in- 
 tention did you so sign and subscribe the said paper-writing or agree- 
 ment ? Set forth, &c. 
 
 Are you acquainted with the character, or manner of handwriting To prove 
 
 of the said M. S., and the said A. W., and J. F., or either, and which tion of an 
 
 of them ? If yea, Look on the paper-writing now produced and shewn agreement 
 •' ' . . , . which had 
 
 to you, at this, the time of your examination, marked with the letter heen signed 
 
 (A), purporting to be an agreement between the said M. S. on behalf agentofone 
 
 of the said A. W. and the said J. F., bearing date , and at the "f the par- 
 
 ties there- 
 names M. S. and J. F., thereunto subscribed, and declare whether the to; 
 
 same be of the respective handwriting of the said M. S. and J. F., as 
 
 you know, or for any, and what reason, believe ? And look at the 
 
 name A. G., set and described as an attesting witness to the execution 
 
 of the said agreement, and is the same of your proper handwriting, 
 
 and did you see the execution of the said agreement by the said M. S. 
 
 and J. F., or either, and which of them ? And look at the memoran- ^nd the 
 
 dum indorsed on the said agreement purporting to be a ratification of memoran- 
 
 the said agreement by the said A. W, and the name of A. W. there- dorsad 
 
296 EQUITY PRECEDENTS. 
 
 CH. XIII. unto set and subscribed ; Is the said name of the proper handwriting 
 of the said A'. W., as you know, or for any, and what reason, believe ? 
 Declare, &c. 
 
 Exhibits. 
 
 signed by 
 
 such party, 
 ratifying 
 
 the act of Do you know the character and manner of handwriting of ? 
 
 To prove ^^ 7^^' Look upon the exhibits now produced and shewn to you at 
 
 bills of this the time of your examination marked respectively and 
 
 exchange, . , , .„ n ■. . i 
 
 promissory purportmg to be mils of exchange, and promissory notes drawn, m- 
 
 notes, &o. (Jorsed, or accepted, by the said , and look at the names 
 
 thereon respectively written, as drawer, indorser, or acceptor, of the 
 
 said bill or bills of exchange, promissory note or promissory notes, or 
 
 some, and which of them ; Are the names thereon respectively 
 
 written, of the proper handwriting of the said as you know, or 
 
 for any, and what reason, believe ? Declare, &c. 
 
 To prove Look upon the bond or paper-writing now produced, &c., whether 
 tion of a or no was the said produced writing at any time, and when, signed, 
 
 bond of a sealed, and delivered, or in any, and what manner, executed by any 
 subscribing ' ' n « 11 
 
 witness, or person, and whom, in your presence ? And is your name set and sub- 
 persons scribed as a witness thereto, of your proper handwriting, or whether 
 acquainted or no were you acquainted with any person or persons, whose name 
 handwrit- or names appear to be set or subscribed to the said bond or paper- 
 '°? °^*? writing as a witness or- witnesses thereto ? And did you ever see such 
 witness or person or persons write, or were you by any, and what other means, 
 acquainted with the character or manner of handwriting of such per- 
 son or persons ? And is or are the name or names of such person or 
 persons so set and subscribed to the said bond or paper-writing 
 of his, hrr, or their, proper handwriting ? And whether or no is, or 
 are such person or persons now living or dead, and if dead, when and 
 where did he, she, or they die, as you do for any, and what reason, 
 know or believe ? Set forth, &c. 
 
 Interrogatories to be exhibited, &c. {see p. 265, ante,) in a cause 
 wherein J. L. the elder, and J. L. the younger, are plaintiffs, and E. T. 
 and J. G. are defendants, on the part and behalf of the said com- 
 plainants. 
 
 1st. {The general interrogatory as to knowledge of parties ; see 
 p. 268, ante.) 
 
 2d. "Whether or no were you in the year employed by T. C. 
 
INTERROGATORIES. 297 
 
 late of , in the county of , but now deceased, and in cH. XIII. 
 
 tlie pleadings in this cause named as his attorney ? Whether or no ~ExmiM~ 
 
 did you in that character, or otherwise, at any time, and when, in or 
 
 about the month of , prepare a bond to be executed by the said the prapar- 
 
 Complainants for the payment of the sum of £ to the said T. C. ? 1°S '*.i'°"'^ 
 
 ■■'■•'.. by witness 
 
 Look upon the paper-writing now produced, &c. ; Whether or no is as solicitor 
 such paper-writing the said bond so prepared by you as aforesaid ? stace^deaT 
 Whether or no did the said complainants, or either of them, in the for securing 
 _, • T rr\ r-\ t ■ i- -i --ii t ^ ■ payment or 
 
 presence ot the said i . (J., or otherwise object to the said bond being a sum of 
 
 prepared as a common money bond, and for y/hat reason, and what ^™S;q-^ 
 
 passed thereupon between the said complainants, or either of them, tiffs; also 
 
 and the said T. C, or yourself, and whether or no wete you at any tond as an 
 
 time, and when, desired by any person, and whom, and in whose pres- f?^''^'?''' 
 
 ence, to make a minute in writing of the actual consideration of the tion taken 
 
 said bond, or to any such, or the like, and what effect, and whether or ^^^ ^^^ ° 
 
 no did you make any such minute, and whether or no with the con- ''''ing pre- 
 . o ^ -Trnz-i tii ti parcd as a 
 
 sent or in the presence of the said T. U., and whether or no did you then, common 
 
 or at any time, and when, read over such minute to, or in the pres- ™o™^7aiso 
 
 ence of the said T. C. and the said complainants, or either of them ; to prove as 
 
 and did the said T. C. make any, and what observation, thereupon ? the minute 
 
 Look upon the paper-writing now produced, &c. Whether or no. is '^f'^^ ''y „ 
 
 the said paper-writing, the minute, so written by you as aforesaid, or the actual 
 
 what hath become of such minute, and set forth the contents and pur- tion of the 
 
 port thereof to the 'best and utmost of your recollection and belief ? bond and 
 J- •'by whose 
 
 Declare, &C. desire, or to 
 
 3d. Look upon the paper-writing now produced, &c. Whether or contents^ 
 no is your name set and subscribed as a witness thereto of your proper andpurport 
 handwriting ? When and where and in whose presence did you so set and ^^ prove 
 subscribe your name as a witness thereto ? Whether or -no previously the wit- 
 
 •' , , ness's at- 
 
 to the execution of the said bond did any conversation pass between testation of 
 
 the said complainants or either of them and T. C. in the said bond ^^^^''^JJ^t 
 
 named, as to the consideration of the said bond ? If yea. Set forth oonversa- 
 
 the particulars of such conversation, and what was said thereon by the between 
 
 said T. C. and the said complainants, or either of them, or any other *^^Pj^™-^ 
 
 person or persons, to, or in the presence or hearing of the said T. C. ? obligee as 
 £1 , „ to the con- 
 
 JJeciare, &C. sideration 
 
 Lastly. {The last general interrogatory ; see p. 268, ante.) of the bond. 
 
 Observations. — The bill charges the bond to have been given for 
 
 the purchase of T. C.'s interest in two farms, farm and 
 
 farm. By the answer it appears that T. C. had not at the time 
 
 farm, and there is therefore a plain mistake in the bill, which 
 
 ought to be amended before the replication is filed. The motion to 
 amend should be amending defendant's office-copy, and requiring no 
 
298 EQUITY PRECEDENTS. 
 
 OH. XIII. further answer, and will create thereforth no delay. Inquiry ought to 
 Exhibits. t>e made of Mr. H. as to this minute in writing. If he has it he must 
 be served with a subpasna duces tecum to produce it upon his exami- 
 nation. If he delivered it over, it may be necessary to give notices, or 
 to take other measures, before parol evidence can be given by Mr. H. 
 of its contents. 
 
 To prove Look upon the two bonds or paper-writings now produced and 
 
 tion of two shewn to you at this the time of your examination, marked with the 
 
 under what ^^ttcrs (A) and (B) ; Whether or no were or was the same or either 
 
 circum- and which of them made and executed by you at the times they re- 
 
 spectively bear date or when else and under what circumstances and 
 
 for what considerations respectively, and on what terms and conditions 
 
 were you articled as a clerk to the testator W. G. in the pleadings in 
 
 this cause named ? Declare, &c. 
 
 To prove Whether or no was any case during the life of the said Sir T. B. 
 
 ■waslaidbe- submitted to any and what counsel or other legal person and whom 
 
 fore ooun- ^y name for his advice and opinion upon any matters relating to the 
 
 whom, and said memorandum of agreement or release, or either and which of 
 
 submitted them ; and if yea. By whom was such case so submitted and by whose 
 
 for coun- authority and directions, and what were the points thereby submitted 
 
 sel's opm- . ... 1 -, r, r, 
 
 ion. tor such opmion and advice ? Set forth, &c. 
 
 To prove 
 
 ww^ tf" Look upon the exhibit or paper-writing now produced and shewn 
 case which to you marked with the letters Z. Z. and purporting to be a case 
 before'*^ stated by you the before-named M. S. for the opinion of C. F. Esq. 
 counsel, formerly of Bream's Buildings, with his opinion thereon, dated the 
 opinion^ 24th day of August, 1790 ; Whether or no are the same such case 
 ^tten^^' ^^^ opinion respectively, and by whom was the said case drawn up 
 also ' and prepared and in whose handwriting is the same, and is the opin- 
 whether ^°^ thereunder written in the handwriting of the said C. F. or was 
 witness, by the same written by his authority and dictation as you do for any 
 tion of a and what reason know or believe, and did you receive the same in 
 POTSOT^ or ^iis^'er to the case so submitted to the said C. F. as aforesaid ; And ' 
 of his own whether or no did you or any other person being the agent of or in 
 iSl^any""' any manner employed by the said Sir T. B. or by the said defendants 
 blfore"'^^^ or either of them prior to or in the month of September, 1790, sub- 
 counsel mit any other case than that set forth in the lastrmentioned exhibit 
 the^mStera ^V^^ any Other question concerning the said memorandum of agree- 
 before sub- ment or release or either and which of them for the opinion and 
 mitted to _ . . *■ 
 
 counsel. ad Vice, ot the said 0. F. or any and what other counsel or legal per- 
 
INTBEROGATOEIBS. 299 
 
 son for his advice or opinion ; And whether or no did you state such CH. XIII. 
 
 case and take such opinion of your own authority or suggestion or jixliihUs. 
 
 by any direction from the said Sir T. B. for that purpose ; And 
 
 whether or no did he ever know of such opinion being taken or hear 
 or see the same ? Set forth, &c. 
 
 Look upon the paper or exhibit now produced and shewn to you To prove a 
 at this the time of your examination marked (A) ; From whom ^f 'g^j|^g 
 and upon what occasion did you receive the same, and was the same an exhibit. 
 delivered to you or to any other person to your knowledge or belief, 
 and by whom, as a particular or catalogue of any and what sale ? 
 Declare, &c. 
 
 Whether or no doth the said produced writing marked A. contain ■pg p^oyg 
 
 the words following or any and what other words, that is to say ; ^"^^ ''°"" 
 
 ? ■' . . tents of an 
 
 \_Setting out the instrument verbatim.] Have you or not at any time exhibit. 
 
 and when and with whom examined and compared the said pro- 
 duced writing with the words set forth in this interrogatory as being 
 a copy thereof? Declare, &c. 
 
 Whether or no did the said defendant C. L. as you do for any j^ p^gyg ^3 
 
 and what reason believe, deliver or cause to be delivered unto the said ^," exhibit 
 
 the copy 
 S. D. in his lifetime a written account or any writihg purportmg to made by- 
 be an account of some debt or debts or sum or sums of money that J^e^d^rec-'*' 
 was or were due or owing by or from the said S. D. to the said tion "f a de- 
 defendant C. L. ? If yea. In what character and language was such son, of an 
 account or writing, written or made out, and when or about what ^°,^fo™had 
 time was the same delivered to the said S. D. and what was or were been deliv- 
 the particular or particulars of such debts or debt, sum or sums of of moneys 
 money, and how much did the same amount unto in the whole as you ?]^°.^j^^ 
 know, remember, or believe ? Whether or no did the said S. D. as wliat lau- 
 you know or do for any and what reason believe, peruse or examine Iccmntani 
 the said account ? Did or did not the said S. D. ever deliver the said the cony 
 account to you ? If yea. When or about what time and for what were writ- 
 purpose did he deliver the said account to you ? Did you or did J^eobsei-va. 
 you not by the order or direction of the said S. D. or otherwise and tions which 
 . . -,, 1 -ij. r-ii'i the deceas- 
 
 how at any time and when make or write a true copy ot the said g^ ^^ote ^^ 
 
 account ? If yea. In what language and character and for what pur- ^^^^^^J^^^ 
 pose was such copy made or written, and was or was not such copy language; 
 at any time and when and by whom delivered to the said S. D. ? ?°g j^'X-tl 
 And did or did not the said S. D. at any time or times and when ^^^^^^["^g 
 peruse or examine the said copy, and did he or did he not in his own the copy, 
 
300 EQUITY PRECEDENTS. 
 
 CH. Xni. handwriting or otherwise and how and in what language and char- 
 Exhibits. acter and at or about what time or times make or write any and what 
 ,. ,. . , minutes, memorandums, or observations on the said copy ? Whether 
 ing his own or no is the paper-writing marked with the letter (B) and now pro- 
 ceased's duced by you, or any and what parts or part thereof of your own 
 handwrit- handwriting ? If yea, How much or what part or parts thereof is or 
 are of your own handwriting ? And how much or what part or 
 parts thereof is or are of the handwriting of any other person or 
 persons and whom as you know or do for any and what reason be- 
 lieve ? Is or is not the paper-writing marked with the letter (B) 
 the copy which was made or taken by you of the aforesaid account ? 
 If yea, Translate the said paper-writing marked with the letter (B) 
 and all the minutes, memorandums, and observations written or made 
 thereon, into, and set forth the same in the English language, and in 
 making such translation distinguish and point out the English of so 
 much or of such part or parts of the said paper-writing as was or 
 were written by you, and also the English of so much or of such 
 part or parts of the said paper-writing as was or were written by any 
 other person or persons and whom ? Declare, &c. 
 
 To prove a Look upon the said paper-writing or agreement now produced, &c. ; 
 
 agreement" Whether or no did you at any time and when and where deliver to 
 
 having the said defendant any paper-writing purporting to be a copy of the 
 
 ered to the said paper-writing, and was the same a true copy thereof ? And 
 
 defendant, ^yj^gtjjgj. gj ^0 did you at the time of delivering such copy produce 
 
 to the said defendant the said original paper-writing or read the same 
 
 to him, and did anything and what pass between you and the said 
 
 defendant thereupon ? Declare, &c. 
 
 To prove as Look upon the exhibit now produced and shewn to you at this the 
 
 p"p^^f"^^ time of your examination marked ; Is or not the same the 
 
 draft pre- copy made or caused to be made by you of the said draft lease pre- 
 any altera- viously to the alterations made therein ? And is or not the said 
 made there? exhibit a true and exact copy of such draft lease previously to such 
 In. alterations ? Declare, &c. 
 
 To prove a Look upon the paper-writing or exhibit now produced and shewn • 
 entry "of^"^ to jou at this the time of your examination marked with the letter 
 
 stock in the ; X)i,j you compare or examine the same with any and what 
 
 Banli: stock , , , , ^ , ^ , ^ ' ■' 
 
 books. books or book of the Governor and Company of the Bank of Eng- 
 land or with any and what book or books, entry or entries or not ? 
 
INTERROGATORIES. 301 
 
 If yea, Does the same contain a true copy of such book or books, CH. XIII. 
 
 entry or entries, with which you so examined or compared the same Exhibits. 
 
 or not ? Declare, &c. 
 
 Look upon the parchment-writing now produced, &c. purporting to To prove a 
 be a copy of a court roll ; Did you at any time or times and when court rolh 
 carefully examine the same with the court roll to any and what 
 manor by name ? If yea, Is the same^ a true copy of the court roll of 
 which the same purports to be a copy as you know or believe ? De- 
 clare, &c. 
 
 Look upon the paper- writing now produced and shewn to you at To prove as 
 
 this thd time of your examination marked with the letter (A) ; Did ^"^'^'^'^'1* 
 
 you at any time or times and when and where examine the same with of entries . 
 
 any entries or entry thereof made in the court rolls or court books ,.o]is (in 
 
 of the manor of M. in the county of H. and are or is the same or P™^'ng % 
 1 1 • 1 c 1 ■ ^ ■ customs 01 
 
 any and which ot them true copies or a true copy of such entries or a manor.) 
 
 entry ? Declare the truth and your knowledge herein. 
 
 Look upon the paper-writings now produced and shewn unto you To prove 
 at this the time of your examination marked with the letters A., B., entrfe^son 
 &c. ; Whether or no did you at any time and when and where ^^^ °°'^'^' 
 
 ... . rolls. 
 
 examine the same, with any entries thereof made in any and what 
 court rolls of the manor of K. in the pleadings in this cause men- 
 tioned ; And whether or no are the same true copies of such entries ? 
 Declare, &c. 
 
 Look upon the paper-writing now produced, &c. Did you at any To prove a 
 time and when and where carefully examine the same with any entry entry °in a" 
 thereof made in the register book of any and what parish or place ? P^"sh reg- 
 If yea. Whether or no is the same a true copy of such entry ? De- 
 clare, &c. 
 
 Look upon the paper-writings now produced and shewn to you at To prove 
 this the time of your examination marked respectively with the let- enf^fe* "in 
 ters A., B., &c. ; Whether or no did you at any time and when and register 
 where carefully examine the same with any entries thereof made in births, bu- 
 the register books of any and what parishes or places and are the '^'^'^' ^°' 
 same true copies of such entries respectively ? Declare, &c. 
 
 To prove 
 
 Look upon the writings now produced to you marked No. 1, &c. entries in 
 What do the same severally purport or appear to be ? Did you ever registers of 
 and when examine the same or any and which of them with any and burials, i^c. 
 26 
 
302 EQUITY PKECEDBNTS. 
 
 CH. Xin. what registers or register of baptisms or burials kept in any and 
 
 Exhibits, what parish or place ? If yea, When did you so examine the same, 
 
 — — and in whose custody or power were or was such registers or register 
 
 custody the respectively ? Are or is such produced writings true copies or tran- 
 
 we'To^ scripts of any and- what entries in such registers or register concern- 
 
 ■whom the ing any and what person or persons, and who is or are or was or 
 
 late, and were such person or persons respectively as you know or for any and 
 
 by what ^hat reason believe, and particularly were you ever and. when and 
 
 means wit- . . 
 
 ness was by what means acquainted with such person or persons respectively ? 
 
 acquainted -i-. i i> 
 
 with them. iJeclare, &c. 
 
 To prove Look upon the paper-writings now produced and shewn to yoii 
 copies of at i^[g ^\^Q tjjjie of your' examination marked respectively with the 
 entries m ' t-. i i • , • i 
 
 parish reg-' letters ; Did you compare and examme them or either anq 
 
 Sating ^to"^" which of them with the register books of or kept for any and what 
 persons parishes or places, and are they or is either and which of them true 
 in the copies or a true copy of any and what entry or entries in any and 
 ^^TthePde- which of such register books as you know or for any and what rea- 
 gree of re- son believe ? And do any or either and which of such exhibits as 
 whi°oh such you for any and what reason know or believe, relate to the births, 
 
 person bore niarriaeres, or deaths of any or either and which of the persons men- 
 to a deceas- . X ■ o <■ 
 
 ed person, tioned in the pleadings of this cause ? And what degree of rela- 
 tionship did such persons respectively bear to the said intestate 
 J. N. ? Declare, &c. 
 
 To prove What is the proper Ecclesiastical Office for the probate of wills of 
 
 "made for persons dying in the parish of W., commonly called in the 
 
 wills of county of W. ? Whether or no have you carefully examined such 
 
 persons,' office for the purpose of finding wills of J. C. late of, &c., who died 
 
 eJ^^made of ™ <>' ^^°'^^ ^^^ y^^^ ' ^"^ °^ T. C. late of , who died 
 
 grants of in or about the year ? If yea, Have you found any wUl of 
 
 administra- the said J. C. or of the said T. C. or either and which of them, or 
 tion to their ^qj.Jj jj appear that administration of the goods, chattels, rights, and 
 also to credits of the said J. C. or of the said T. C. was at any time and 
 les of en? when granted to any person or persons and whom ? Look upon the 
 tries in the paper-writings now produced and shewn to you at this the time of 
 books of your examination marked with the letters A., B., &c. ; Whether or no 
 astical"^^^'' ^'^ the same true copies of entries in the register books of the said 
 Office. Ecclesiastical Office ? Set forth, &c. 
 
 ^"^"^vb^r ^^^ ^°" ^^ ^°^ *'™^ ^^^ when, receive any and what handbills, 
 a copy of from any person or persons, and whom by name, relating to or for the 
 
INTERROGATORIES. 803 
 
 discovery of A. G. in the pleadings of this cause named ? If yea, CH. xni. 
 
 Look upon the exhibit now produced and shewn to you at this the Exhibits. 
 
 time of your examination ; Is the same a true copy of such hand- — — 
 
 bills as you know, or for and what reason believe, and did yoU distributed 
 
 distribute or cause to be distributed, any and what number of such ^""^ "^® '^f' 
 , , . covery ox a 
 
 handbills of which the said exhibit is a copy, in any and what place person. 
 or places, and by any and what means ? Declare, &c. 
 
 Look upon the paper-writings now produced and shewn to you at to prove 
 this the time of your examination, marked respectively with the let- pop'^.* of 
 
 '' ' r ^ ■ inscrip- 
 
 ters F. G., &c. ; Whether or no did you at any time, and when, and tions on 
 ■where carefully examine the same; with any writings or inscriptions gtones. 
 upon any and what tombstones or monuments in any and what 
 churches or churchyards ? "If yea, Whether or no are the same true 
 copies of such writings or inscriptions respectively ? Declare, &c. 
 
 Look upon the paper-writing now produced and shewn to you at fo prove 
 
 this the time of your examination marked -. — , and purporting to 'l"? copy of 
 
 be a copy of a judgment in his Majesty's Court of , at West- ment. 
 
 minster, in a certain cause in which are plaintiffs, and — 
 
 defendants. Did you compare and examine the said paper-writing, 
 with any and what record or roll, and where did you so examine and 
 compare the same, and is the same a true copy of such record or 
 judgment ? Declare, &c. 
 
 Look upon the paper-writings now produced and shewn to you at rj^ proyg 
 
 this the time of your examination, respectively marked with the let- copies of 
 
 . . » . T judgments. 
 
 ters , and respectively purporting to be copies of judgments 
 
 in his Majesty's Court of at Westminister, against the said 
 
 E. F. Did you compare or examine all or either and which of such 
 paper-writings or writing with any and what record or roll, and 
 where did you so examine or compare the same or either and which 
 of them, and are, or is the same, or either and which' of them true 
 copies, or a true copy of such records or record, or judgment or judg- 
 ments respectively ? Declare, &c. 
 
 Look upon the paper- writings or exhibits now produced and shewn Ji^^opTfof 
 to you at this the time of your examination marked respectively an inquisi- 
 
 . Did you compare and examine both or either and which of nacy,and of 
 
 such exhibits with any and what original filed or kept in any and ^^^ "^^^"^ 
 what office ? And when did you so examine and compare the same traverse. 
 
304 
 
 EQUITY PRECEDENTS. 
 
 CH. XIII. or either and which of them respectively, and are they, or is either 
 Exhibits. ^^^ which of them respectively true copies, "or a true copy of such 
 ,^, originals respectively ? Declare, &c. 
 
 [The com- ° r j . ' 
 
 mission of 
 
 lunacy be- . 
 
 ing under 
 the great 
 seal proves 
 itself.] 
 To prove 
 as exhibits 
 copies of 
 maps or 
 plans and 
 of a book 
 of refer- 
 ence, the 
 originals 
 whereof 
 were di- 
 rected by 
 Act of Par- 
 liament to 
 to be de- 
 posited in 
 a particu- 
 lar office ; 
 also to 
 prove that 
 a piece of 
 land and 
 stone quar- 
 ry were 
 comprised 
 in the orig- 
 inal maps. 
 
 Have you or not ever and when examined the maps, or plans, and 
 book of reference mentioned and referred to, in and by the Act of 
 Parliament in the pleadings in this cause mentioned ? If yea. Where 
 were such maps or plans ai\d book of reference then kept or deposited ? 
 Look upon the maps or plans and book of reference now produced, 
 and shewn to you at this the time of your examination marked with 
 
 the letters ; Are or is such last-mentioned maps or plans and 
 
 book of reference or either and which of them so far as the same 
 relate to the piece of ground mentioned or described in the said orig- 
 inal maps or plans and book of reference mentioned or referred to in 
 
 and by the said Act of Parliament as No- 15 in the parish of , 
 
 true and correct copies, or a true and correct copy of such original 
 maps or plans and book of reference ? And have you or not at any 
 time and when, examined the same with such original maps or plans 
 and book of reference ? Were or not the said piece or parcel of land 
 and quarry in the preceding interrogatory mentioned comprised or 
 included in the said original maps or plans and book of reference 
 
 under the said description of No. 15 in the parish of , at the 
 
 time of the passing of the said Act of Parliament as you know or do 
 for any and what reason believe ? Declare, &c. 
 
 To prove 
 the copy 
 of a notice, 
 and when 
 such notice 
 was served, 
 by whose 
 direction, 
 and by 
 whom 
 signed. 
 
 Look upon the exhibit now produced and shewn to you at this the 
 
 time of your examination marked with the letter ; Is the 
 
 said exhibit a true copy of any and what original paper, and did you 
 or not at any time and when compare the said exhibit with any and 
 what original paper ? And did you or not at any time and when in 
 particular, serve upon or deliver to any and what person or persons 
 upon any and what occasion, and by whose order or direction the 
 said original paper of which the said exhibit is a true copy, and what 
 did such person or persons say at the time of the service or delivery 
 of such- original paper, and by whom was such original paper signed, 
 and how do you know who signed such original paper ? Declare, &c. 
 
 To prove Look upon the parchment or paper- writings produced and shewn 
 
 records" *" J^*^ ^^ ^^^^ *^^ ^™^ of 7°^^ examination marked respectively with 
 
 the letters A. &c. ; Whether or no do or doth the same, or any or 
 
INTBRE0aAT6RIBS. 305 
 
 either and which of them contain a true copy or copies of any and CH. XJII. 
 what record or records, of any and what court or courts, of any and £^;,j5j-(g. 
 
 what original or originals, of which the same do or doth purport to 
 
 be a copy or copies ? Have you or not carefully examined or com- 
 pared the said produced papers or writings, or either and which of 
 them, with such, if any, record or records, or other original or orig- 
 inals, and when, where, and with whom ? Declare, &c. 
 
 Look upon the paper-writings now produced and shewn to you at To prove 
 
 this the time of your examination, and marked with the letters ; or^'inV 
 
 What do the same severally purport or appear to be ? Are or is the writings, 
 same or any and which of them true copies or transcripts,'or a true whose ous- 
 copy or transcript of the whole or any and what part of any and game were 
 what original writings or writing, and did you examine and compare and the 
 the said produced writings, or any and which of them, and in whose thereof. 
 custody or power were such original writings respectively or any and 
 which of them at the time you so examined and compared such pro- 
 duced writings therewith respectively ? What did such original writ- 
 ings purport or appear to be ? Declare, &c. 
 
 Look upon the exhibit now produced and shewn to you at this the To prove 
 time of your examination marked with the letter (B) ; Is or not such tgrj^^^f ^^ 
 exhibit a true copy of any and what register or enrolment of any and deed by a 
 what deed in any and what office for registering of deeds in any and registry 
 what county ? And did you or not compare such exhibit with any ¥^^ "^® '"' 
 and what record or original enrolment in any and what office for the of such 
 registering of deeds in any and what county ? And do you or not on the ex- 
 know when such enrolment was made ? And is not such register or '^'''''• 
 enrolment the register of the said exhibit marked (A) in the preced- 
 ing interrogatory mentioned and referred to ? And is not such regis- 
 ter or enrolment indorsed on the said exhibit marked (A) and is or 
 not the said indorsement a true copy of the registiy of the said deed 
 in the registry book for and what county ? Declare, &c. 
 
 To prove as 
 an exhibit 
 Look at the parchment- writing now produced and shewn to you at a cbunter- 
 
 this the time of your examination marked with the letter (B) pur- fea'se^nd 
 
 porting to be a counterpart copy of a lease from the said A. W. to "^^' "^® 
 
 the said J. H. bearing date the day of ; Did you or responded 
 
 did you not examine the said counterpart with any and what deed ^^^er 
 
 from to J. K. of- , and is or not the said parchment- lease of the 
 
 . , „ _ ,. „ saraeprem- 
 
 writing a true copy oi the same r Declare, &c. ises. 
 
 26* 
 
306 
 
 EQUITY PKBCBDBNTS. 
 
 CH. xni. Do you or not hold any and what office under the Ecclesiastical 
 Exhibits. Corporation of the Dean and Chapter of the Cathedral Church of the 
 Blessed Virgin Mary of S. ? If yea, Do you or not know the corn- 
 corpora- mon seal of, and which is used by the said corporation ? If yea,« 
 
 affixed^to a ^00^ at the exhibit marked — and now produced and shewn to 
 
 deed. you at this the time of your examination, and look at the seal thereto 
 
 fixed and annexed ; Is the said seal the common seal of the said Cor- 
 poration of the Dean and Chapter of the Cathedral Church of the 
 Blessed Virgin Mary of S. ? And if yea, By whose order, direction, 
 and authority, and when and by whom was the said seal afiixed or 
 annexed to the said exhibit as you know, or for any and what reason 
 believe ? Declare, &c. 
 
 To prove 
 the debt 
 due to the 
 plaintiff 
 according 
 to the par- 
 ticulars 
 contained 
 in an ex- 
 hibit. 
 
 Was or not the said testator J. M. deceased, at the time of his 
 death, justly and truly indebted to the said complainant in any and 
 what sum or sums of money on simple contract? If yea, Look upon 
 the paper-writing now produced and shewn to you at this the time of 
 your examination marked ; Does or not the said paper-writ- 
 ing contain a just or true account of the particulars of such debt or 
 debts, and are or not the charges therein contained fair and reasonable 
 as you know or for any and what reason believe ? Declare, &c. 
 
 To prove 
 the execu- 
 tion of a 
 ■d^eed by 
 the sub- 
 scribing 
 witness. 
 
 Look upon the deed or writing now produced, &c. ; Whether or no 
 was such deed or writing at any time, and when, signed, sealed, or 
 delivered in your presence, by any person or persons, and whom ? 
 And were you a subscribing witness to the signing, sealing, or deliv- 
 ery thereof, by such person or persons ? And is your name ipdorsed 
 and set as a subscribing witness thereto, of your proper handwriting ? 
 Declare, &c. 
 
 To prove Look upon the [paper or'] parchment-writing now produced and 
 a marriage shewn to you at this, the time of your examination, marked with the 
 by the sub- letter (A) and purporting to be a settlement made on the marriage of 
 
 witne'ssls. ^^^® ^^^^ "^^ ^- '^**^ ^^^ ^^'"^ ■^- ^- > ^^^ J^^ °^' "o*^' ^^^ the same 
 signed, sealed, and delivered, and by whom respectively, and when, 
 and where, and in whose presence ? And look upon the names 
 subscribed thereto ; Are such respective names of the respec- 
 tive handwriting of the said ? And look upon the names 
 
 signed as witnesses to the said exhibit ; Is either and which 
 
 of those names of ydur proper handwriting, and did you see either, 
 and which, of the said other witnesses write their names as witnesses 
 
INTERROGATORIES. 307 
 
 thereto, and were you and such other witnesses present at the time CH. XIII. 
 the respective parties, or either, and which of them, signed, sealed, ExhibUs. 
 and delivered the said deed ? Declare, &c. 
 
 Look upon the exhibit now produced and shewn to you, at this. To prove 
 
 the time of your examination marked with the letter (A), and look tionofa 
 
 upon the indorsement on the back of the said exhibit : Did you or ^^'^^ ^^ „ 
 
 ^ . 'J payment oi 
 
 not at any time, and when, see the said exhibit sealed and delivered the oonsid- 
 
 by any, and what person or persons, and delivered as the act and deed money'by 
 
 of any, and what person or persons, and whom by name ? And did 'he sub- 
 
 . 1,1/. scribing 
 
 you or not, see the indorsement or acknowledgment at the back oi witness. 
 
 the said exhibit, signed, and by whom, and did you or not see the 
 money in the said acknowledgment mentioned to have been received, 
 
 paid, and by and to whom ? And are the names indorsed and 
 
 set as one of the subscribing witnesses to the sealing and delivery of 
 the said exhibit, and the receipt of the said consideration-money of 
 your own proper handwriting ? And are the names and characters 
 indorsed and set as the names of the other subscribing wit- 
 nesses attesting the sealing and delivery of the said exhibit and the 
 receipt of the said consideration-money of the proper handwriting of 
 
 the said or whom else, and did you see the said set 
 
 ■ his name . as a subscribing witness to the due execution of the said 
 exhibit and the receipt of consideration-money ? Declare, &c. 
 
 Look upon the exhibit or exhibits now produced and shewn to you General in- 
 
 at this, the time of your examination, marked , and look upon toprovethe 
 
 the indorsement on the back of the said exhibit or exhibits respec- ex»cution 
 tively ; Did you or not at any time, and when, see the said exhibit or more deeds 
 exhibits, or either, and which of them, sealed and delivered by any sCTibins" 
 and what person or persons, and delivered as the act and deed of any, witnesses, 
 and what person or persons, and by whom respectively by name ? natures to 
 And did you or not see the indorsement or indorsements, acknowl- tte receipts 
 edgment or acknowledgments at the back of the said exhibit or exhib- [Wliere the 
 its, and either, and which of them, signed by any, and what person tions fur- 
 or persons, and by whom by name, and were you or not a subscribing nished are 
 witness to the sealing and delivering of the said exhibit or exhibits, ciently ac- 
 or either, and which of them, by any, and which of the parties there- ™''^''®-J 
 to, and to the signing of the receipt or receipts for the said consider- 
 ation-money, by any, and what person or persons, and is your name 
 set or subscribed as such witness, to such seahng and delivering, and 
 to such receipt respectively of your own handwriting, and is or are 
 the name or names of the other subscribing witness or witnesses 
 attesting the sealing and delivering of the said exhibit or exhibits, or 
 either, and which of them, or the receipt or receipts of the said con- 
 
308 EQUITY PEBOEDENTS. 
 
 CH. XIII. sideration-money, of the proper handwriting of such respective wit- 
 £^I^Hlig_ nesses, or either, and which of them, and set forth how and by what 
 means you are acquainted with the character or manner of hand- 
 writing of the said other witnesses to the said exhibits, or either, and 
 which of them, and did they, or either, and which of them, sign and 
 attest the execution of the said exhibit or exhibits, and either, and 
 which of them, by any, and what person or persons, and the indorse- 
 ment on the back thereof, by any, and what person or persons, in 
 your presence ? Declare, &c. 
 
 To prove Look upon the deeds or parchment-writings now produced, &c. ; 
 
 tioVo?''"' Whether or no were or was the said produced writings, or either, 
 
 deeds, and and which of them at any time, and when, signed, sealed, and deliv- 
 
 the signa- • , •' ' ■, , 
 
 turetoare- ered, Or m any, and what manner executed, by any persons or person, 
 
 dorsed"on ^^^ whom, in your presence, and is your name set and subscribed as 
 
 the back of a witness thereto, of your proper handwriting ? Look upon the writ- 
 
 them. ing indorsed upon the back of the said deed or parchment-writing 
 
 marked (B) and purporting to be a receipt for the sum of 
 
 "Whether or no was such writing so indorsed at any time, and when 
 signed by any person, and whom, in your presence, and is your name 
 set and subscribed a witness thereto, of your proper handwriting ? 
 Set forth, &c. 
 
 Sanexhib- I^ook at the parchment-writing now produced and shewn to you, 
 
 it a lease at this, the time of your examination, marked with the letter (C), 
 
 been ten- purporting to be a lease from the said complainant A. W., to the 
 
 defe'^d" ^t*-* ^^^*^ defendant, and bearing date . Did you or not, at any and 
 
 also to what time, and by whose order or direction, tender the said lease and 
 
 plications the counterpart in the preceding interrogatory mentioned, or either, 
 
 made to ^ ^nd which of them, to the said defendant, and did you or not at any, 
 
 ceptthe and what time, and by whose order and direction, request the said 
 
 execute a defendant to accept the said lease, and execute the said counterpart, 
 
 counter- and did or did not the said defendant refuse to comply with such 
 
 part, and i,-i^, -,,. 
 
 the reasons requests, or either, and which oi them, and for what reason, as you 
 
 refusal know, or for any, and what reason believe ? Declare, &c. 
 
 [See the 
 
 first inter- 
 
 rogatory in 
 p. 308, 
 amte.] 
 
 To^rove Look upon the paper-writings now produced, &c. "Whether or no 
 tVT^hT- ^*'^^' °^ ^*^ ^^^^ produced writings, or either, and which of them, 
 
 ing been or any, and what part thereof, or the name H P appearing 
 
 tlewit" S, *° ^^ ®®* ^"^ subscribed thereto of your proper handwriting ? And 
 and the re- whether or no did you duly receive the several sums therein respec- 
 
INTERROGATORIES, 309 
 
 tively mentioned, or any, and which of them, according to the pur- CH. XIII. 
 port and effect of the said paper-writings, or either of them ? De- Exliibiu. 
 
 clare, &c. - — - , 
 
 . ceipt of the 
 sums there- 
 Look upon the paper-writing now produced and shewn to you at '? ™®?" 
 this, the time of your examination, marked with the letter (A) ; Of to prove a 
 
 whose handwriting is the said paper-writing, and the name E. R. letter writ- 
 ., ■ V , -■ , . . ,. . , ten by the 
 
 set and subscribed thereto, and the superscription or direction there- solicitor of 
 
 of, as you know, or for any, and what reason, believe ? Who acted ^ts'bf the' 
 
 as the solicitor or solicitors of the said complainant, with respect to plaintiff's 
 
 the purchases in the said bill of complaint mentioned ? And whether 
 
 or no did the said R. R. in any, and what manner act, with respect 
 
 to the said purchases on the part and behalf of any, and which, of the 
 
 said defendants ? Declare, &c. 
 
 Look upon the letter or paper-writing now produced, &c. ; To prove a 
 
 Whether or no is the said produced letter, or paper, and the signa- ing in the 
 
 ture thereto, and the direction thereof, or either, and which of them witness's 
 
 ' _ ' ' _ _ own hand- 
 
 of your proper handwriting, or of the proper handwriting of any writing, or 
 
 person and whom employed by you, or was such letter or paper-writ- been^writ- 
 
 ing written by any person and whom, by your direction and instruc- ?^"," ^™' 
 
 tion, or with your approbation or privity, and what was your motive rection,and 
 or inducement for such letter or paper-writing being written and sent or^^uJJf 
 by you, or by your .direction or instruction, or with your privity or ment for 
 approbation, and did not such motive or inducement equally apply to 
 the said defendant T. B., and if not why ? Declare, &c. 
 
 Are you or not by any and what means acquainted with the char- To prove a 
 acter or handwriting of L. N. in the pleadings of this cause named ? exMbit^he 
 Look upon the paper-writing or letter now produced and shewn to handwrit- 
 you at this the time of your examination, marked with the letter signature 
 (A), and purporting to be a letter written by L. N., and bearing date g°^j*of°°3 
 the 31st day of October, 1789 ; In whose character or handwriting being writ- 
 is the said letter written, and in whose character or handwriting is -v^aswritten 
 
 the name L. N. signed or subscribed thereto, and when and upon *» °°« °f , 
 
 ' . . the defend-- 
 
 what occasion was the said letter written r Is or is not Mr. J. to ants," that 
 
 whom the said letter purports to be directed, the said defendant t^e'^same^ 
 
 J. J. ? Whether or not did the said J. J. ever receive the said letter ? also to 
 
 . , prove how 
 
 Whether or not did you know, or were you by any and what means long wit- 
 acquainted with the said L. N. ? If yea. How long did you know ^^^^ J^^te^, 
 him, and whether or not was he the steward or agent of Sir T. B. in with the 
 the pleadings in this cause named ? Whether or not do you know ^roTe°the 
 the reason why or what it was that induced the said L. N. to write l^''^"^! *"* 
 
310 EQUITY PKECBDBNTS. 
 
 CH. XIH. the said letter ? If yea, Whether or not was the said letter written 
 ExMUts. o'l account of or in consequence of any applications made to the said 
 
 Sir T. B. or to the said L. N. respecting the purchase of the coals 
 
 steward to in the said letter mentioned ? If yea, Set forth when and by whom 
 the reason ^'^^^ applications were made, and the purport and effect thereof, and 
 which in- all the particulars relating thereto ; Set forth the situation of the 
 to write the laniis under which the coals lay which were the subject of such 
 letter; that applications ? What do you understand to have been the meaning of 
 conse- the words " Cold harbor, &c. at Wibsey " in the said letter con- 
 appSoa- tained ? Do you- know or can you set forth whether or not the said 
 tionstopur- defendant J. J. or the said J. H. the elder, after the said 31st of 
 tain coal October, 1749, had any interview or meeting with the said Sir T. B. 
 W whoiif °^ ^^''^ ^^^ ®^'"^ ^' ■^" ^°^ ^^ purpose of treating respecting the pur- 
 made ; The chase of the coals in the said letter mentioned ? If yea, Set forth 
 a particular when and where and upon what occasion such meeting took place, 
 
 expression £^q^ ggj forth to the best of your remembrance and belief, the con- 
 
 in the let- •' . • ' 
 
 ter: and versation that passed at such meetmg, and Who was present thereat. 
 
 whether 
 
 any meet- 
 
 ing took 
 
 specting Look upon the exhibits now produced and shewn to you at this the 
 
 the P"r- time of your examination marked respectively with the letters , 
 
 coals, and and purporting to be letters addressed by you to some person and 
 
 Td thereat" whom by name, and dated respectively 18th March, 1811, and the 
 
 To prove 19th day of April in the same year ; In whose handwriting are the 
 
 aTexWbTts ^^'^^ ^^^ exhibits respectively, and especially the signature and super- 
 
 and the scription, and to whom by name were the same respectively addressed 
 
 handwrit- , -, , , , , , . . "^ 
 
 ing, signa- and sent, and by what means, and what was the situation or employ- 
 
 tures, and j^g^j ^f tjjg person to whom the said respective letters were so 
 superscrip- ^ ^ 
 
 tions, and directed and sent, and by what means are you enabled to state that 
 addressed the same respectively were addressed and written to such persons ; 
 
 and his sit- ^jjjj Jq whose handwriting is the indorsement on the back of the said 
 
 nation in ° 
 
 life; also to exhibit dated the 19th of April, 1811, and by what means are you 
 
 Eandwrit enabled to state the same ? And whether or no are or is the said 
 ing of an exhibits respectively or either and which of them the original letters 
 mentontheor letter addressed and sent by you as in the former part of this 
 of them °"^ interrogatory mentioned, or a copy or copies thereof, or extract or 
 and wheth- extracts therefrom, and how do you know, and are you enabled to state 
 hibits are the same ? Declare the truth, together with your means of knowing 
 let*ter"^o'°^' and reasons for believing the same, 
 copies or 
 
 extracts 
 
 therefrom. 
 
 To prove a Look upon the paper-writing now produced and shewn to you at 
 to the ^™ this the time of your examination marked with the letter (B);Of 
 plaintiff's -wliose handwriting is the said paper-writing and the signature thereto 
 
INTERROGATORIES. 311 
 
 and t|^e superscription thereof ? Whether or no was the said paper- CH. XIII. 
 
 writing sent to the said complainant, or any person and whom on his , Exhibits. 
 
 behalf at any time and when by you or by your direction ? And 
 
 , , •' ,•,,',.. „ , solicitor by 
 
 whether or no were you employed as the solicitor or attorney of the the aolioi- 
 
 said defendants R. R. and C. his wife, and R. W., or any, or either, ^°gfen^ants 
 
 and which of them in the matter of the purchases made by the said and the 
 
 complainant and in the said bill mentioned ? Declare, &c. ing^ signa- 
 
 ture, and 
 address. 
 
 Whether or no did you at any time in or about the year , To prove 
 
 and on or about what day or days in particular deliver to the said notices 
 complainants respectively, or either. and which of them and where, any "P™ *® 
 and what writing purporting to be a notice from the defendant of her by whom 
 desire that the defendant should not be disturbed in the possession of th|°coii-^° 
 anv and what house, or to any such or the like effect ? Was or not tents there- 
 the name of the defendant subscribed thereto, or to either and which prove as an 
 of them ? Were both such notices or writings in the same words and ^^ i. '^j^de 
 figures or in any and what respect different from each other ? Did ty witness 
 you or not keep a copy of each or either and which of such notices or notices, 
 writings which if any were or was so delivered ? Look upon the 
 paper-writing now produced and shewn to you at this the time of your 
 examination marked with the letter (B) ; is the same or not a true 
 copy of each or either and which of the notices or writings which if 
 any were or was so delivered ? Did you or not ever examine and 
 compare the said produced writing with the notices or writings so de- 
 livered or with either and which of them ? Declare, &c. 
 
 Look at the exhibit now produced and shewn to you at this the Xo prove 
 
 time of your examination marked (A) ; Is or not the same the partic- ^ P™t^<i 
 
 ular which was produced by the vendor or the agents of the vendor of sale as 
 
 at the time of the sale of the premises in the pleadings of this cause ^uoh^ ^ 
 
 mentioned ? And is or not the said exhibit the particular by which premises 
 
 '^ . . "^ were sold 
 
 the said premises were, sold, and was or not the said exhibit read to by auction. 
 
 the company present at the said sale, and was or not the same de- 
 clared to the said company to be the particulars and conditions of sale ? 
 Declare, &c. 
 
 Look upon the paper-writing now produced, &c., and purporting to to prove a 
 
 be a promissory note for $ from A. B. deceased, in the plead- promissory 
 
 ings of this cause named to the said complainants, and bearing date 
 
 the ■ day of ; Whether or no did you ever see the said 
 
 A; B. write, or are you by any other and what means acquainted with 
 the character and manner of his handwriting ? And whether or no 
 is the name A. B. appearing to be set and subscribed to the said pro- 
 
312 EQUITY PKECBDENTS. 
 
 CH. XIII. duoed paper-writing of the proper handwriting of the said A.. B. as 
 lExiiibiu. 1^^ ^'^^ ^^7 ^^^ what reason know or believe ? Declare, &c. 
 
 To prove . Look at the exhibits now produced and shewn to you at this the 
 
 I'6C61DtS 
 
 by persons time of your examination marked respectively A. B. C, and look at 
 with The^'^ the names respectively signed to such exhibits ; Do you know the 
 handwrit- parties Whose names respectively appear to be set or subscribed to 
 party sign- Ac said respective exhibits, and are you by any and what means ac- 
 ing the quainted with the character or manner of handwriting of either and 
 
 same. 
 
 which of them respectively ? If yea, Of whose handwriting is or are 
 such exhibit or exhibits, and in particular of whose respective hand- 
 writing is or are the respective names set or subscribed to sucli re- 
 spective exhibits ? Set forth the reasons on which you form your 
 belief; Declare, &c. 
 
 To prove Look upon, &c. Whether or no were or was any and what receipts 
 indorsed on '''' receipt indorsed thereon, or on any or either and which of them, at 
 deeds by q,. about any and what times or time, by any and what .persons or per- 
 scribing son in your presence ? Are you or not a subscribing witness to the 
 signing of all or any or either and which of such receipts by all, or 
 any, or either, and which of such persons, and of whose handwriting is 
 your name now appearing to be set or subscribing as a witness to all 
 or any and which of such receipts ? Declare, &c. 
 
 witness. 
 
 To prove a Look upon the paper or parchment-writing now produced and shewn 
 will by the jq y^y g^j tjjjg jjjg tjjQQ Qf youj. examination, marked with the letter (A) 
 
 witnesses, and consisting of sheets or skins ; Whether or no was the said 
 
 produced writing at any time and when signed, sealed, published, and 
 
 declared by W. H. late of , the testator in the pleadings in this 
 
 cause named, as and for his last will and testament in your presence 
 and in the presence of any other person or persons and whom by name ; 
 or did the said testator in any other and what manner execute the said 
 produced writing, or acknowledge the same as and for his last will and 
 testament in your presence, and in the presence of any other person or 
 persons and whom ? Whether or no is your name and the name or 
 names of the other person or persons set or subscribed as a witness or 
 witnesses thereto, of your, his, or their proper handwriting respec- 
 tively ? And whether or no did you and such other person or persons 
 or either and which of you set oj^ subscribe your name or names as 
 a witness or witnesses thereto in the presence of the said testator? 
 And whether or no is or are such subscribing witness or witnesses 
 
INTERROGATORIES. 313 
 
 •now living or dead ? And if any or either of them are or is dead, ch. XIII. 
 where and when did such witness or witnesses die as you for any Exhihi 
 
 and what reason know or believe, and if any or .either of them are 
 
 living, where do they respectively or where doth he reside ? 
 Whether or no was the said testator at the time of his signing, 
 sealing, publishing, and declaring the said produced writing as and 
 for his last will and testament, or otherwise executing or acknowl- 
 edging the same, of sound and disposing mind, memory, and under- 
 standing, or how otherwise, as you for any and what reason know or 
 beheve? Set forth, &c. 
 
 [ Or thus : ] 
 
 Look upon the paper-writing now produced and shewn to you at 
 this the time of your examination marked with the letter (A) ; Did 
 or not the said testator J. M. deceased, sign, seal, publish, and declare 
 the said paper-writing as and for his last will and testament in the 
 presence of you and of any other an,d what person or persons, or are 
 you or not a subscribing witness to such the signing and publishing or 
 execution of the said will by the said testator J. M., and are or not 
 the several names set or subscribed as witnesses to the signing and 
 publication or execution of the said will by the said testator J. M. of 
 the proper handwriting of you and of such other person or persons 
 whose names appear to be subscribed, and did or not you and such 
 other person or persons respectively subscribe and set your and their 
 names as witnesses to the signing and publication or execution of the 
 said will by the said testator J. M. in the presence of the said J. M. 
 and of each other, or how otherwise, and what is now become of such 
 other persons, and where do they respectively now live and reside, 
 or are or is any or either and which of such persons now dead ? And 
 if yea, When and where did they or he die ? And was or not the 
 said testator J. M. at the time of signing and publishing or executing 
 his said will of sound and disposing mind, memory, and understand- 
 ing as you know or do for any and what reason believe ? Declare, 
 &c. 
 
 Look upon the writings now produced to you, and marked with the xo prove a 
 letters, (A) and (B) and purporting to be the last will and testament ^j";^"*^ 
 of J. P., in the second interrogatory named, and a codicil thereto ? where one 
 Did you at any time, and when, see the said J. P. sign, seal, pub- scribfng" ' 
 lish, and declare, the said produced writings, or either, and which of witnesses 
 them, as, and for her last will and testament, and a codicil thereto, 
 and is the name J. P. set and subscribed to the said produced writ- 
 ings respectively, or either, and which of them, of the proper hand- 
 27 
 
314 EQUITY PKECEDBNTS. 
 
 CH. XIII. writing of the said J. P. ? Were you, and was, or were any, and 
 ~j^ciiMis~ '^^^^ person or persons besides yourself, present at the time when 
 
 such produced wiatings, or either, and which of them were, or was 
 
 so signed, sealed, published, and declared, and did such persons or 
 person, or any, and which of them, see the said J. P. sign, seal, 
 publish, and declare, the said produced writings, or either, and which 
 of them, and did you, and any other, and which of such persons 
 or person, set or subscribe your, their, his, or her, name or names, 
 to such produced writings respectively, or either, and which of them, 
 as a witness or witnesses thereto, or to either, and which of them, 
 and was, or were such name or names, or any, and which of them, 
 so subscribed in the presence of the said J. P., or not ? Is or are 
 your name or names, or the name or names of any other, and what 
 person or persons, appearing to be set or subscribed to such writ- 
 ings respectively, or to either, and which of them, as a witness or 
 witnesses thereto, or to either, and which of them, of your hand- 
 writing, or of the handwriting of such person or persons respectively, 
 or of any, and which of them, a.nd did you see such person or per- 
 sons, or any, and which of them, set and subscribe such produced 
 writings, or either, and which of them ? Is or are, such person or 
 persons, or any, and which of them, dead ? And if yea. When did 
 they respectively, or any, and which of them, die ? Was the said J. P. 
 at the time she signed, or sealed, published, and declared such pro- 
 duced writings, or either, and which of them, of sound mind, memory, 
 and understanding ? Declare, &c. . 
 
 To prove Whether or no were you acquainted with the manner of living of 
 annurie?-^ the said A. B. ? And if yea, At what sum, upon the average, do you 
 penses of compute the annual expenses of himself and his family to have been, 
 of a person Other and beside his travelling expenses, and whether or no had the said 
 
 who was 'in -^' ^- ^"7 ''^'^'^ ^^° ^^^ "o*- ^^^^ '"^ ^^^ family, and in what situation 
 his lifetime -(vas such child, and have you ever heard the said A. B. make any, 
 asatreas- and what, declaration or declarations, as to what such child annually 
 
 ury mes- ^^g^ jjjjjj ^j^^ jg y^^ ]£now the manner in which the said A. B. usu- 
 
 senger, and ' ^ 
 
 as to dec- ally travelled in the journeys in which he was employed as treasury 
 
 made by messenger, and at what expanse ? Declare, &c. 
 
 him as to 
 
 what one child, not resident in his family, annually cost him, also to prove the manner in which 
 
 he usually travelled, and at what expense. 
 
 whe'ther^a Whether or no had the said A. B., as you for any, and what reason, 
 person had know or believe, any, and what means, of providing for the expenses 
 means of of himself and his family, and for the expense of journeys, other than 
 
INTERROGATORIES. 315 
 
 from the moneys which he from time to time received from the laid CH. XIIl. 
 F. G. ? Declare, &c. providing 
 
 for his fam- 
 
 • . ily besides 
 
 Whether or no did you know M. S., formerly of, &c., and when or what he re- 
 
 about what time did the said M. S. die ? And whether or no did you treasury 
 know W. C, formerly «f, &c., and S. C. his wife, and was the said S. ™esseDger. 
 C. in any manner, and how, related to the said M. S., and when or th'e state of 
 about what time, and where, did she. die, a,nd what children had the '^ family in 
 said S. C, and what children survived her, and if any child or chil- pedigree. 
 dren of the said S. C. died in her lifetime, did such child or children 
 have any child or children, and what has become thereof? And 
 whether or no did you know J. C. of, &c., the son of the said S. C, 
 and S. C. the younger, and E. C, the daughters of the said S. C, 
 and did the said S. C. ever, and when, marry, and when, and where 
 did he die, and whether testate or intestate, and had he, or did he 
 leave any child or children? And if yea. What is become thereof? 
 And did the said S. C, the daughter of the said S. C, ever, and 
 when, marry, and to whom, and when, and where, did she die, and 
 what children had she, or did she leave ? And whether or no did 
 you know W. C. and T. C, sons of the said S. C. the younger, and 
 what became of the said W. C, and did he ever, and when, marry, 
 as you know or believe, and did the said T. C. ever, and when, mar- 
 ry, and where, and when, or about what time, did he die, and whether 
 testate or intestate, and had he, or did he leave any child or chil- 
 dren ? And if yea, What is become thereof? And did the said E. 
 C, the daughter of the said S. C. the elder, ever, and when, marry, 
 and to whom, and when, or about what time did she die, and had she 
 or did she leave any child or children ? And if yea. What is become 
 thereof? Whether or no did you know the father of the said W. C. 
 of, &c., the husband of the said S. C. the elder, and what was his 
 name, and where did he live, and when, or about what time, and 
 where, did he die, and what child or children had he besides the said 
 W. C, and who was his eldest son, and who was his second son, and 
 did his eldest son, in case the said W. C. was not his eldest, or if the 
 said W. C. was his eldest, did his second son at any time, and when, 
 and where, marry, and when, and where, did he die, and had he, or 
 did he leave any, and what child or children ? And whether or no, 
 is the said complainant his eldest son, or who else is such eldest son ? 
 Set forth the particulars at large, according to the best of your knowl- 
 edge, remembrance, and belief, and the truth declare. 
 
 Whether or no were any changes made in ' the out-fences of the To prove 
 two farms, in the pleadings nientioned to have been occupied by teratlon 
 
316 EQUITY PRECEDENTS. 
 
 CH. XIII. James K. and John K. respectively, at any time within your memory, 
 was made and how long have you known the said farms respectively, and espec- 
 in the out- [^\[y -ypyj-g a,ny changes made in the out-fences thereof, in or about, 
 
 I6I1C6S 01 ■ ^ , 
 
 two farms, or prior to the year 1773, or at some, and what other time in partic- 
 rentwa^ ular ? And whether or no were you, and during what period of time 
 paid as for jn particular, in the habit of attending at the (yllection of payment of 
 or as one rents to Sir T. B. in the pleadings named, or to his agent, at the 
 wSher place, and on the days of the collection and payment thereof, and did 
 one person you attend at any and what dinner, and by and to whom given, on 
 the rent-re- such days ? And if yea. Whether or no, during such period as you 
 an!f aUhe ^''t^nded thereat, and especially before the year 1773, and for some, 
 dinner giv- and what time prior thereto, did one person attend to pay rent and 
 tenants as attend at the said dinner, as the sole tenant or occupier of the said 
 sole tenant two farms, or did two persons so attend as several and distinct occu- 
 
 of the two 
 
 farms, or piers, the one of the one farm and the other of the other of the said 
 twbnersons ^^^° farms, and whether or no was the rent for the said farms paid as 
 attended as two separate rents paid by two tenants, or as one gross rent paid by 
 , J ' * one ? And whether or no, as you do for any, and what reason know 
 prove or believe, were the said two farms prior, and how long prior to the 
 
 previousiy ^^id year 1773, assessed for and did pay government taxes and parish 
 ittq'^^^" I'atfis, as two separate and distinct farms, or as one joint and undi- 
 and rates vided farm? And whether or no in the year 1789, and how long 
 sessed as previously thereto were the said two farms commonly known and 
 for two reputed in the neighborhood thereof to be one joint farm, and held 
 one farm; by one tenant, or two separate and distinct farms held by two ten- 
 and wheth- g^j,j.g^ g^^g^ f^p -Rrhat reason were the same so reputed, and state the 
 • farms were various occupiers of the' said two farms, and under whom they have 
 bTonefarm respectively occupied, and the names and descriptions whereby the 
 or two said two farms have been known since you have known the same ? 
 
 Declare the truth and your utmost knowledge, remembrance, and 
 
 belief herein. 
 
 To prove ^0 you know of any goods having been at any time previously to 
 
 goods sold tjjg month of sold or delivered by the said complainant H. H. 
 
 and deliv- . . ^ ^ 
 
 eredbytheor by the said complainant J. A., to the said defendant R. P.? If 
 
 Se' defend- J®^' ^^^ ^^'"'^ what goods were so sold and delivered by the said com- 
 ant. plainants H. H. and J. A., or either, and which of them, to the said 
 
 R. P., and what was the value thereof, and at what time or times in 
 particular, the same were delivered to the said R. P., and how, and 
 by what means in particular you are acquainted with the several mat- 
 ters aforesaid ? Declare, &c. 
 
INTERROGATORIES. 317 
 
 Look on the several books or exhibits now produced and shewn to CH. XIII. 
 you at this, the time of your examination, marked respectively with To prove 
 the letters —. ; Are you or not, and by any, and what means the hand- 
 acquainted with the character or manner of handwriting of the "per- entries 
 son or persons who made the several entries in the said books, or any JJJj^kV" 
 and which of them ? If yea. Of whose handwriting are such entries, whether • 
 or any, and' which of them, and who made such entries, or occasioned are correct 
 such entries to be made as you know, or for any, and what reason, ?/ ?° ^rreot 
 believe ? Are the entries and accounts therein contained just and to prove in 
 right, as you know or for any and what reason believe f If not, speot they 
 What e'pror or errors are therein contained ? Set forth the same ^"^ ^°' 
 error or errors, if any, fully and distinctly ? Declare, &c. 
 
 Look upon the book now produced and shewn to you at this, the To prove 
 
 time of your examination, marked with the letter (A), and on the writin^of 
 
 entry or entries made therein in folio ; Are you acquainted entries 
 
 . , „ - » made in a 
 
 With the character or manner of handwriting of the person or per- book, and 
 
 sons who made such entry or entries, or any, or either, and which of ^e^persons 
 
 them, and did you see such person or persons, or either, and which who made 
 
 of them, write ? If yea. Of whose handwriting is or are such entry tries are 
 
 or entries, or either, and which of them, or any, and what part there- 'i^' j^ °^^ 
 
 of, as you know or believe, and is or are such person or persons liv- by whose 
 
 ing or dead, that made such entry or entries, or any, and what part ^^^ g^me 
 
 thereof, and on what occasion, or by whose direction, was or were the were made. 
 
 same, or any, and what part thereof made, as you know, or .believe? 
 
 Declare, &c. 
 
 Did you know A. B. in the pleadings of this cause namedj and for fg p^gyg 
 any, and what length of time ? If yea. Do you or not, know whether 'he eldest 
 he was ever married, and had he or not, any child or children by deceased 
 his wife, and what was or were the name .or names of such child or befng\ls 
 children, and which of such children was the eldest son, and is such heir-at-law. 
 eldest son now living ? Declare, &c. 
 
 Did you know E. M. in the pleadings of this cause named, and Xo prove 
 for any, and what length of time? If yea. Do you or not know ^^^^ ^™*^^^ 
 whether he was ever married, and if not, had he any brothers, and ed person, 
 what were their names, and .the order of their births, and which of heir-at-law. 
 them have survived him, and which of them was his eldest brother ? 
 Declare, &c. 
 
 Did you or not know J. E., the testator in the pleadings of this To prove 
 cause named? If yea, Do you or not know whether the said J. E. ofadeceas- 
 27* 
 
318 EQUITY PREOBDBNTS. 
 
 CH. XIII. was ever married, or whether he had any legitimate child or children, 
 
 ed person °^ whether such child or children survived liim, or died in his life- 
 
 as being his time, and whether such child or children left any, and what issue, 
 
 and whether such issue is, or are now living ; and do you or not 
 
 know whether the said testator J. E. had any brothers or sisters, and 
 
 ^ what were their names, or whether they, or either of them survived 
 
 him, and whether either, and which, of such brothers and sisters had 
 
 any child or children, and what were their names, and which was 
 
 the eldest son of the eldest brother of the said testator, and do you or 
 
 not know who is the heir-at-law of the said testator ? And if yea, In 
 
 what degree of kindred is he to the said testator, and how does he 
 
 appear to be his heir-at-law ? 
 
 To prove Whether or no did the said T. B. and J. E., or either, and which 
 fendants in- °f them, or any other person, and who, on their, or either and which 
 formed the of their part and behalf, at any time and when, after the date of the 
 
 witnsss 
 
 their soiioi- aforesaid letter or paper-writing, call at your office, or see you else- 
 tor, of their -(yjiei-e^ and where, and inform you, or any other person, and whom, 
 employ an- on your part and behalf, that they, or either, and which of them, had 
 tor and '" employed or meant to employ Mr. J. or any other person than your- 
 
 ■when it first ggif g^g fjjgjj, solicitor in the said cause, and when and by what 
 came to his ' . ' '' 
 
 knowledge, means did you first know or had reason to believe and suspect that 
 
 the said defendants, or cither, and which of them, had, or meant to 
 employ the said Mr. J., or any other person than yourself, as the solic- 
 itor in the said cause ? Declare, «feo. 
 
 To prove Whether or no did you at any time and when before the said 
 witnesTin- "^^"^^ came on to be heard, inform the said defendants T. B. and 
 formed his J. E. or either and which of them that you should instruct counsel to 
 of the de- appear for tliem at the hearing, or did you at any time and when re- 
 ?!ll?ilo5 ™ ceive any instructions fronj the said defendants or either and which of 
 
 Si Cu.US6( 
 
 that he them so to do, or did you in fact give any briefs or instructions to 
 
 struct ' counsel to appear for the said defendants, or either and which of them, 
 
 counsel to other than the briefs delivered by you for the other defendants, and 
 appear for . •' •' ' 
 
 them at the did you not previously to such hearing and when first know that the 
 
 what "in- ^^^^ ^^- J- ^* '^'^"^ solicitor for the said defendants T. B. and J. E. 
 
 structions had taken copies of the depositions and had prepared or meant to pre- 
 
 he received -l. • f r i • o 
 
 from them, pare brieis tor the mstruction of counsel at the hearing on the part of 
 
 e^he^did^ili" ^^^ ^^^^ defendants or one and which of them ? Declare, &c. 
 
 feet deliver briefs tp counsel other than the briefs delivered for other defendants, and when he 
 
 first knew that another solicitor had prepared briefs for counsel. 
 
INTERROGATORIES. 319 
 
 "Whether or no did you know W. G. late of but now CH. xill. 
 
 deceased, the testator in the pleadings of this cause named, for any To prove a 
 
 and how long a time previously to his death, and did you know S. J. J^™^'^''g« 
 
 the nephew of the said testator, and in what profession or situation -who entei- 
 
 of life was the said S. J. ? Did the said S. J. ever and when serve vy,'aud"in 
 
 on board his Majesty's ship U. and in what character, and what has ^*'*' °'^^7' 
 , „, acter, and 
 
 become or the said b. J. as you know or for any and what reason what has 
 
 believe. Declare, &c. ^?^T® °^ 
 
 Look upon the paper-writing now produced and shewn to you at also to 
 this the time of your examination marked with ' the letter (A) ; py°J?au en- 
 Whethev or no did you at any time and when compare the same ''•^ '^-^ 
 with any entry in any and what book kept at his Majesty's Navy at the Navy 
 Office, and whether or no is the same a true copy of such entry ? '^^' 
 Declare, &c. 
 
 How m,any years as you do for any and what reason know or To prove 
 believe, prior to the year 1780, was the said L. N. land-agent to the ^an°'^ear3 
 said Sir T. B. or to the owners and proprietors of the said W. estate ; a person 
 and whether or no as you do for any and what reason know or ployed as 
 believe, prior to the year 1780, was the said L. N. land-agent to the '*'^'? ^S^"' 
 
 to tn6 Dro— 
 
 said Sir T. B. or to the owners or proprietors of the said W. estate, prietors of 
 and whether or no as you do for any and what reason know or fcontiUuine 
 
 believe was the said L. N. during the whole or any and what part of <=o''l 
 
 , . 1 1 1 ' 1 T . . mines;) al- 
 
 such period accustomed to keep such diary or account as is contained so to prove 
 
 in the exhibit which has been shewn to you or any and what diary or tli^^l^^l^sp' 
 
 account of his agency or of the matters relating thereto, and up to account of 
 
 what period of time in particular did he keep such diary or account and^vhen''' 
 
 of his agency, and why did he then cease or discontinue keeping the J'.® discon- 
 
 same, and whether or no did he ever afterwards keep any and what keeping 
 
 diary or account of his said agency or the matters relating thereto, ^'^™^' 
 
 and if not why not ? Declare the truth and your utmost knowledge, 
 
 remembrance and belief herein. 
 
 When and upon what occasion did the said S. D. come to live To prove 
 and reside in England and for how long time did he live or reside ^g„ge*of ^ 
 there ? In what language did the said S. D. always or generally person in 
 write or correspond and converse during the time of his residence in and in what 
 England; and was he or was he not conversant in the English Ian- ^''"?"^S^^^ 
 guage ? Are you or are you not well or in any and what degree ed or oon- 
 acquainled with the character and manner of handwriting of the ako^o' 
 said S- D., and have you or have you not frequently or at any times P''"^® * 
 
320 EQUITY PRECEDENTS. 
 
 CH. XIII. and how often seen him write in any and what language or languages 
 
 knowledge and character ? Did or did not the said S. D. when he was resident 
 
 of his in Enffland, manaffe, or carry on oi; employ himself in or about any 
 
 handwnt- , ° , ., -,„ ^n , i • n 
 
 ing, and in work or works ? If yea, Of what nature, sort or kind was or were 
 
 h?wal?n-' ^^^^ ^"'■'^ °'' ■"'orks, and when and for how long time and at or in 
 
 gaged, and what house or houses or place or places was or were the same so 
 
 carried on managed or carried on ? Declare, &c. 
 
 the same. 
 
 To prove Do you know of any money having been at any time previously to 
 
 the loans of the month of lent or advanced by the said complainant H. H. 
 
 sums of mo- -i^ -n 'i tp 
 
 ney by the or by the said complainant J. S. to the said defendant K. P. f If yea, 
 
 the'defend- ^^^ ^o'"'^ ^^^^^ ^"™® °^ money were so lent and advanced by the said 
 
 ant. complainants H. H. and J. S. or either and which of them to the 
 
 said R. P., and at what time or times in particular the same and each 
 
 of them were and was so lent and advanced and how and by what 
 
 means in particular you are acquainted with the several matters 
 
 aforesaid ? Declare, &c. 
 
 To prove Whether or no did the said defendant C. L. in the lifetime of the 
 
 sums of mo- ^^^^ ®' ■"-*• lend or advance unto the said S. D. any sum or sums of 
 
 ney by the money ? If yea. What sum or sums of money and to what amount 
 
 to a deceas- in the whole did the said defendant C. L. lend or advance unto the 
 
 ancfwheth- ^^^^ ^' ^' ^^ ^'* lifetime, and when or at or about what time or 
 
 er any part times was or were the same so lent or advanced ? And did or not 
 
 ' the said S. D. at any time or times in his lifetime and when repay 
 
 such sum or sums of money or any or either and which of them unto 
 
 the said defendant C. L. or satisfy him the same ? Declare the truth 
 
 of the matters inquired after by this interrogatory according to the 
 
 best of your knowledge, remembrance, and belief, together with the 
 
 grounds, reasons, or circumstances on which such your belief is 
 
 founded, fully and at large. 
 
 To prove Whether or no was there on the day of any and 
 
 the ^mount what sum of money due and owing to the above-named complainants 
 
 plaintiffs in T. B. and B. B. and their partners in the R. Bank in respect of 
 
 advances moneys advanced by the said complainants to or for the use or on tl^e 
 
 made by account of the said T. B. and B. B. and their said partners, or how 
 
 them as . , , . _ _ . , , 
 
 bankers, otherwise, and what is now due to the said complainants in respect 
 
 thereof? Set forth, &c. 
 
 •j-g rovo Do you or not know whether the said J. B. deceased arid A. R. 
 marriage also deceased, in the pleadings of this cause named, did at any time 
 
INTBRROGATOEIES. 321 
 
 and when intermarry together or not ? If yea, Were you present at CH. xiil. 
 such marriage ceremony or not, and by whom and in the presence of ceremony 
 what witnesses and at what place and when and on what day in par- ^7 wituess- 
 ticular was such marriage solemnized and whether by banns or "^ P''®'^'' • 
 license ? Declare, &c. 
 
 Whether or no was the said J. C. in the preceding interrogatory To prove a 
 
 mentioned or inquired after ever and when married and to whom, '"^Ti^fe, 
 
 J ^ ' and that the 
 
 and what was the maiden name of his wife ? Had or not the said parties had 
 
 J. C. any and what children or child or issue by his said wife or by "e"! '^^"^'^' 
 
 any other wife and whom by name, and particularly had he or not a 
 
 daughter called by the name of , and had he or not ^y other 
 
 children or child and of what names or name ? Declare, &c. 
 
 Whether or no do you know or were you acquainted with the said To prove a 
 A. C. in the preceding interrogatory mentioned or inquired after for ""^hF' 
 any and how long time and from and to what time ? Did or not the death of 
 said A. C. ever and when intermarry with M. H. late of, &o., and now 
 deceased, and when and about what time did the said M. H. die ? 
 Declare, &c. 
 
 Whether or not have you ever been employed in mining concerns To prove 
 or are you acquainted with coal mines and the manner in which ness has 
 coals are won and got ? If yea. Set forth . the nature of your pro- ''j ®° ^^' 
 fession or occupation, and how you came to be acquainted with the mining con- 
 nature of coal mines 'and the method of winning and getting coals ; jjjg knowl- 
 
 Whether or not do you know the R. H. estate in the pleadings in this ^^S^ °^ "^^ 
 
 ,. Ti.i -, -, "o^l mmes 
 
 cause mentioned and the mines and minerals lying thereunder and lying under 
 
 the estates in the pleadings in this cause mentioned to have been the f^e^dip'or 
 
 property of Sir T. B. in the pleadings in this cause named, deceased, inclinatioa 
 
 or any of them ? If yea, Set forth how long you have known them from the 
 
 and each of them and how and by what means you became acquainted '^°j'^?°' 
 
 with them ; Whether or not are there any coal mines, strata of coal, ture and 
 
 or minerals lying under such estates or any part thereof? If yea, ^i^g ^ii-ains 
 
 State what is the dip or inclination of such coal mines from the hori- ""^ soughs 
 
 „ p . . made lor 
 
 zon ; Whether or not was it necessary for the purpose of winning the purpose 
 
 and getting such coals or coal mines that the same should be loosed o^ th"wa-^ 
 
 or freed from water ? Whether or not did Mr. L. in the pleadings in ter and 
 
 this cause mentioned, drive any drain or make any sough or soughs coals; 
 
 for the purpose of loosing the coals and coal mines lying under the ^^^° e°that 
 
 said E. H. estate ? If yea. Set forth and describe particularly the the coals 
 
 nature of such drain or drains, sough or soughs, and set forth par- lai'cu'^ith- 
 
 ticularly the direction and course of such drain or drains, sough or J? ^ ™S- 
 
 soughs from the tail or opening thereof where the water is discharged 
 
322 EQUITY PRECEDENTS. 
 
 CH. xm. throughout the full extent of the driving of and the making of the 
 
 same ; Whether or not are the coals and coal mines lyina; under the 
 bscn loos— t/ o 
 
 ed, and are lands and grounds within the ring-fence in the pleadings in this 
 
 tion to'be'' °^"''® nientioned now loosed and in a condition to be worked,, won, 
 
 worked and got without the aid of a steam-engine to pump up and discharge 
 
 aid of a ^^^ water therefrom ? If yea, Whether or not are such last-mentioned 
 
 steam-en- coals and coal mines so loosed and in a condition to be won and got 
 
 gine ; 
 
 also to by means of the said drain or drains, sough or soughs ? And whether 
 
 therlhe or not is the water drained or carried away from such last-mentioned 
 
 same were coals and coal mines by means of such drain or drains, sough or 
 
 date of an soughs ? Whether or not were such last-mentioned coals and coal 
 
 and^whe°'' ^^^^^ sc^loosed and drained at the date of the agreement with the 
 
 and by said Sir T. B. in the pleadings in this cause mentioned ? Set forth 
 
 coals and when and upon what occasion and by whom such last-mentioned 
 
 mmes were ^^j^jg j^^^ g^g^j mingg ^uj-g loosed and drained ; Whether or not could 
 
 loosed and 
 
 drained, the said defendant J. J., and E. H., J. H., and J. D. in the pleadings 
 
 CT certain '"^ ^^^^ cause named or either of them have prevented such last-men- 
 defendants tioned coals and coal mines from being loosed ,or drained ? If yea, 
 prevented Set forth how and by what means they could have prevented the same 
 
 the same from being loosed or drained ; If such last-mentioned coals and coal 
 
 and how ; " 
 
 Also if the mines had not been loosed or drained by means of a drain or sough, 
 
 not been whether or not would it have been necessary in order to win and get 
 
 drained by ^jjg game that a steam-engine or steam-engines should be erected for 
 
 means of a n -rf rt /. 
 
 Bough, whe- such p urpose ? If yea. Set forth how many steam-engmes would 
 
 moreBteam- ^*^® heen necessary for that purpose ; Set forth, the original expense 
 engines or prime cost of such steam-engines or steam-engine, and set forth 
 have been the annual expenses that would be incurred in keeping in repair and 
 °^d^^*hT '" '"^^ working of such steam-engines or engine. Suppose the coals 
 would have lying under the lands occupied by Jonathan K. in the pleadings in 
 pense there- '^'^ cause mentioned were not loosed or drained and could not be 
 of, and of loosed or drained without a steam-engine, what in your opinion 
 same in re^ would be the present value of such last-mentioned coals and cop,! 
 wo'rkin"f mines ? Suppose the coals lying under the lands occupied by James 
 the same. K. in the pleadings in this cause mentioned wei-e not loosed or 
 prove what drained and could not be loosed or drained witbout a steam-engine, 
 be°en tliT^* what in your opinion would be the present value of such last-men- 
 value of the tioned coals and coal mines ? Declare, &c. 
 coals lying 
 
 under the lands of different tenants, supposing the coals could not have been loosed or drained 
 without a steam-engine. 
 
 To prove From what points of the compass do the beds of strata of coal 
 tion'from^" under the said W. estate or under any and what part thereof in 
 the horizon general rise and sink, and especially from and to what points do the 
 beds of coal beds of coal or either and which of them being underneath such 
 
INTERROGATORIES. 823 
 
 parts of the said estate as lie to the west of the sough or drain in the CH. XIII. 
 
 last preceding interrogatory mentioned rise and sink, and from and to iy[„a under 
 
 what points do such of the beds of coal under the said estate as lie on different 
 
 . . parts of an 
 
 the east of the said sough or drain rise and sink respectively, and from estate. 
 
 what distance therefrom do they rise or sink respectively ? De- 
 clare the truth and your utmost knowledge, remembrance, and belief 
 herein. 
 
 Whether or no supposing a bed or vein of coal to have a general To prove 
 inclination downwards from one given point to another, is it common ^f ggj^jg 
 or uncommon to find occasional variations in the dip of such bed or ■wliich in- 
 
 -, chne down- 
 
 vein between the two points aforesaid ? And if yea. Whether or no wards, oc- 
 
 is the coal to be found under the lands and grounds in the second of ^^J^ "„ t^e 
 
 these interrogatories mentioned or referred to as much or more sub- dip; and 
 
 ject to such occasional variations than beds or veins of coal to be found coals under 
 
 under other lands and grounds in seneral, and assuming such occa- "^^1^"''^'" 
 
 ^ ^ o ' o ^ question 
 
 sional variations to exist, and a sough or drain driven along that side are subject 
 of the bed, which according to the general inclination would be the variations 
 lowest side, how would such parts of the coal as might occasionally andsuppos- 
 
 I'T. 1 T iTI-r-vi ^^S a sough 
 
 vary from such general inclination be loosed and worked .'' Declare driven 
 
 the truth, together with your means of knowing, and reasons for be- ^^™J. ^^ 
 
 lieving the same. how would 
 
 tlie coal 
 • found in the 
 
 Whether or not had the said complainants or those through whom f^''%™'^' 
 they claim, sunk any pits or pit, or made and erected any steam- the general 
 engines or steam-engine, or got any coals or coal in the lands and be loosed 
 grounds occupied by the said Jonathan K. in the pleadings in this ^^ work- 
 cause mentioned at the d&te of the agreement therein mentioned ? If To prove 
 yea. Set forth when such pits or pit, steam-engines or steam-engine, Sai'nUffs 
 
 were or was sunk, made, and erected ; Set forth the purpose for which had sunk 
 
 . pits and 
 
 such steam-engmes or steam-engine were or was made or erected ; erected 
 
 ■ Whether or not were the said defendants or their or any of their gino^onlhe 
 stewards, agents, or tenants, informed of or acquainted with, or were lands of a 
 they privy to the sinking, making, and erecting such pits or pit en- SmanTaT 
 gines or engine ? If yea, Set forth when and to whom, and by whom *'"' date of 
 such information was given ; Whether or not was a Mr. B. the steward ment, and 
 or agent of the said defendants, or either of them ? If yea. Did he ever ^^" '^^^.^ 
 inspect or overlook the said defendant's estate at W. in the pleadings sunk and 
 in this cause mentioned ? If yea, Whether or not did he upon such and the 
 inspection see the said pits and engines? Whetheror not are such P^P^'the" 
 pits and engines large objects and easy to be seen at a considerable steam-en- 
 distance ? Whether or not is a person of the name of H. the steward fJecte'™^ 
 or agent of the said defendant's W, estate ? If yea. Whether or not ^^^j^^'^^*" 
 did the said H. about eight years ago inspect or overlook the fendants or 
 
324 EQUITY PRECEDENTS. 
 
 CH. XIII. said estate ? Whether or not did you then see him, and if yea, Was 
 tjjeii. he when you saw him in such a situation that he could see the said 
 
 stewards, pjtg and Steam-engines and other works in the lands and grounds 
 tenants Occupied by the said Jonathan K. ? Declare, &c. 
 
 were informed thereof or privy thereto. Also to prove whether a former steward of the defend- 
 ants inspected tlie estate, and saw the pits and engines, and that the same might liave been seen 
 at a considerable distance; Also to prove that the present steward some years ago, inspected the 
 estate, and that he could see the pits, steam-engines, and other works. 
 
 \ 
 To prove Whether or no in grants or leases of coal, where there are two 
 
 of working heds or strata of coal whereof the upper bed or stratum is united to 
 
 there ^r^" *''' i^itermixed with or contiguous to a bed of iron-stone, is it neces- 
 
 two strata sary as you do for any and what reason know or believe to dig and 
 
 them is in- g^t the upper bed of coal before the iron-stone can be dug and got, 
 
 termixed ajj^ ^^g versa ; and whether or no is it usual to sell and dispose of 
 
 with a bed ' _ . • ^ 
 
 of iron- such upper bed or stratum, when the iron-stone is not also sold and 
 
 in^oase^of disposed of, but if nevertheless the upper bed of coal should be sold 
 
 the sale of and tlie iron-stone reserved, whether or no would any and what pro- 
 the upper . ,.,.■, ■ ■ ■, . 
 
 stratum of visos and stipulations be necessary, m order to prevent a grantee in 
 
 sfoula- the fee or lessee having the power so to work the said upper bed of 
 tions are coal as to destroy entirely or to damage greatly and in what manner 
 made to the said iron-stone from delaying to work and dig such bed of coal 
 erantee ^^^ ®° ^® *° '""'^ "P ^'^'^ render useless the said iron-stone as long as he 
 from de- might think fit, and what provisions and stipulations would be proper 
 the Iron- and necessary for the purposes aforesaid, namely, 1st. What provisos 
 stone, or to ^^^^ stipulations are necessary and proper to prevent the lessee or 
 iron-stone grantee so working such upper bed of coal as to destroy or greatly 
 rendered"^ damage the said iron-stone ; and 2dly. What provisos and stipula- 
 unless to tions are proper and necessary to prevent, the said iron-stone from 
 
 the grantor r i j r 
 
 at the will being locked up and rendered useless to the grantor at the will of- the 
 tee aru[™" grantee in fee, and whether or no did you ever hear of a grant or 
 what in- lease of any upper bed or stratum of coal so united and intermixed 
 have come Or contiguous as aforesaid, with provisos or stipulations proper for 
 witness's'' the above purposes, and by whom and to whom was any such grant 
 knowledge, or lease made ? Set forth, &c. 
 
 To prove Had or not the said defendant at any time or times and when in 
 
 notice giv- , . 
 
 en to the particular, and how or in what manner and upon what occasion or 
 
 ofthepiri'n- occasions any and what notice or information given to him by or on 
 
 tiff's claim behalf of the said complainant or any other person or persons and 
 to an estate, , ,. ,, . i,, ,.-, ,. ,, 
 
 and wheth- whom by name, or otherwise and how, that the said complainant had 
 
 er the same qj. claimed to have some and what right, title, or interest in or to the 
 
 was betore , o ' 7 
 
 or after the premises in the pleadings of this cause mentioned ? And if yea, 
 
INTERROGATORIES. 325 
 
 Was such notice or information so given to tlie said defendant before CH. XIII. 
 or after and how long before or after he the said defendant.had any defendant 
 and what lien, charge, or security upon the said premises, or how had "■ 
 otherwise f Declare, &c. thereon. 
 
 Did you at any time, and when, and by wliose authority, make any To prove 
 and what offer to the said complainant relative to the subject-matter ^^^g^^^j^g 
 of this cause, or any and what part thereof? And if yea, On whose plaintiff. 
 behalf? Set forth all you know touching or concerning the matters 
 inquired after by this interrogatory fully and at large.- 
 
 Are you or not, acquainted with the several manors and other To prove 
 
 freehold hereditaments situate in the counties of in the plead- ^gss was 
 
 inffs in this cause mentioned, or any, and which of them ? Were you employed 
 
 , » T !• r ^^ surveyor 
 
 or not employed as the surveyor and agent for and on behalf of any, on the par- 
 
 and which of the said several parties in the preceding interrogatory *^'j°°. °jj;|'" 
 
 inquired after in the partition of the said several manors and other knowledge 
 
 hereditaments in the pleadings of this cause stated ? If yea, When or ments and 
 
 at what time, and by which of the said several parties were you so ^? *° ^ P'''^" 
 
 employed ? And did you or not act as such surveyor or agent in the fiu-m in 
 
 business of such partition, and are you or not acquainted with the n^gnj jj ^gg 
 
 several allotments made to the said parties respectively, or any, and comprised; 
 
 iJtlRL £L pi6CG 
 
 which of them, and to whom? And do you or not know a certain of land was 
 
 farm called W. farm, in the pleadings of this cause mentioned ? If formj^g''* 
 
 yea. Where or in what parish or parishes is the same situate, and did part of the 
 ■^ farm, and 
 
 or hot the said farm called W. farm form part of any and which of was allot- 
 
 the said allotments made in the partition of the aforesaid manors and '^jt^ and^ 
 other hereditaments, and to whom was the same allotted ? And do to whom, 
 you or not know a certain piece or parcel of land situate in White 
 Meadow, containing eleven acres or thereabouts, in the pleadings in 
 this cause particularly mentioned ? Was or not such piece or parcel 
 of land ever, and when, and by whom shewn to you as forming part 
 of any, and what farm comprised in the aforesaid partition between 
 the said several parties, and was or not the said piece or parcel of 
 land situate in White Meadow included in the allotment of the said 
 farm called W. farm, or in any and what allotment on the par- 
 tition of the aforesaid manors and other hereditaments, and to whom 
 was the same allotted as you know, or for any, and what reason be- 
 lieve ? Declare, &c. 
 
 Were or not the several allotments of the said, manors and other ^^j^^g^lhe 
 hereditaments made to the said parties respectively in the first inter- allotments 
 28 
 
325 EQUITY PRECEDENTS. 
 
 CH. XIII. rogatory named in the partition thereof of equal value, or what was 
 made upon ''^*^ difference in value between the said allotments respectively as you 
 
 the parti- know, or do for any, and what reason believe ? And did or not the 
 
 tion of cer- „ , ■■ . i , . 
 
 tain estates allotment made to the said complamants comprise or contain a cer- 
 
 eau^alval- ***'" piece Or parcel of land forming part of a certain meadow called 
 
 ue; and White Meadow, in the pleadings of this cause particularly mentioned 
 
 lotment as for owelty or equality of partition, or why or for what reason was 
 
 made to the (]jq g^j^ piece of land forming part of the said meadow called White 
 
 comprised Meadow comprised or included in the allotment made to the said 
 
 piece of' " complainants ? And was or not the said piece of 'land forming part 
 
 land as part pf the said meadow called White Meadow allotted unto the said com- 
 et a farm, 
 [which plamants subject to tithes as part of and together with the said free- 
 
 Fand\ad ^'^^^ farm called W. farm ? And in particular, was or not the allot- 
 
 been shewn ment made to the said complainants of equal value with the several 
 
 to the sur- 
 
 veyor by Other allotments made of the said manors and other hereditaments as 
 
 beUif'part y^^ know, or do for any, and what reason believe ? Declare, &c. • 
 
 of the 
 
 farm ;] 
 
 also to 
 
 prove 
 
 whether . , . t-» ? • -n/r 
 
 the allot- Interrogatories relating to Partnership Matters. 
 
 ment made 
 to the 
 
 plaintiffs Interrogatories to be administered, &c., wherein S. W. is com- 
 
 was of 
 
 equal value plainant, and T. F., H. J. F., R. F., S.- G. F., M. F., and S. F., are 
 
 other 'aUot- 'I'^fendants, on the part and behalf of the said complainant. 
 
 ments. 
 
 1st. {General interrogatory as to knowledge of parties.) 
 how' I'o'n'' ^^' ^''6ther or no did you ever, and when, first live and in what 
 witnc'3 situfition, and at what age with J. F. and E. J. F., both late of, &c.j 
 iii"the'ser- '^"' "O"' deceased, in the pleadings of this cause respectively namedj 
 tehTd"— as" ''^"'^ for how long did you continue with them, and when did you 
 ed persons, quit them ; and did you ever, and when, return to them, and for how 
 heleft'^^" '""S "^i^i 7°" afterwards remain with them, and in what situation? 
 
 them and Whether or no did the said J. F. ever and when and where and how 
 
 whether he „ , , . , . , ■ , . , ^ 
 
 afterwards otten declare to you or in your hearing that the said R. J. F. was his 
 
 alsb afto Partner in any, and what trades or business, or make any declara- 
 
 any decia- tions to such and what effect ? Whether or no did you ever, and 
 
 whicii he when, and how often by the directions of the said J. F., make out 
 
 ITeard^'mrde ^'^'^ *° customers of the said trades or businesses, or any of them in 
 
 by J. F. the aame of " J. F. and company," and who was intended by the word 
 
 F.'^tashis "company" as you know, or collected, and how, from the said J. 
 
 partner; F. ? And how many keys were there to the till of the shop in which 
 
 How wit- iT • 1 1 • . 1 
 
 ness made the said businesses were earned on, and by whom were such keys 
 to 'cilstom-* respectively kept, and who had access thereto, and what, and whose 
 ers, how expenses were paid therefrom ? What name or names was or were 
 
INTBREOSATORIES. 327 
 
 painted over the sliop door in wliich the said business was carried on, CH. XTII. 
 
 or painted or engraved on the passage" door of the house in which the ™^"y ^^ys 
 
 said J. F. and K. J. F. lived, and by whom or by whose direction to the till, 
 
 was or were such names or name painted or engraved, and who was n^gg ^ 
 
 or were intended thereby as you know, or for any, and what reason painted 
 
 believe? Who appeared to act as masters or partners in the said shop dodi- 
 
 trades or businesses, and who had access to all the books of the said 5°'^ ''°^1*® 
 
 door, who 
 
 trade and made entries therein and gave receipts for moneys received appeared to 
 and in what names ? Whether or no did the said R. J. F. ever, and masters or 
 when, and how often in the presence or hearing of the said J. F. partners, 
 
 1 1 • 1 /> -1 -I and who 
 
 speak to himselt as a partner in the said trades or businesses with the had access 
 said J. F., or to such effect ; and did or not the said J. F. upon such books- 
 occasions deny or admit the same, or how otherwise ? What part ^'^o to 
 did the said complainant take in the management of the family or of e. J. F. 
 the said trades or businesses, as you know or believe ? Set forth the fP"''®,^*^, 
 particulars, &c. being a 
 
 3d. What is your trade or business, and where do you live ? Jhe hearing 
 Whether or no did you ever, and when, and for how longr, deal in any of J- F- and 
 1 • > T T-, -I-. T -v-, 1 ,. whether he 
 
 and what goods with J. F. and K. J. F., late of, &c., but now de- denied or 
 
 ceased, and in the pleadings of this cause named, or either, and which rtie"same 
 of them ? In what name or names were your invoices or bills of *'"'' ^^'h'^' 
 parcels for such goods made out during the life of the said E. J. F. plaintiff 
 and after his death ? Whether or no were or was any bills or bill of !L'tl!,!;'ii'''' 
 
 */ , Tnanage- 
 
 parcels ever returned to you by the said J. F. which had been made ment of tiie 
 
 business 
 
 out in his name alone, and with any and what instructions as to mak- xo exani- 
 ine out the same in a different and what manner ? Whether or no '"® trades- 
 
 & _ men who 
 
 were you ever, and when, informed by, or did you in any manner, and dealt with 
 
 how, collect from the said J. F. that he had any, and what partner in ^.^ ^s to the 
 
 his said business : and whether or no did you know from the course of names in 
 . T -n which the 
 
 any dealing with the said J. F. and R. J. F. that they were partners invoices 
 together in the said business ? Declare, &c. Tut 1JS"as 
 
 4th. Whether or no are you a partner in any, and what banking- to their 
 house or house of business ? Whether or no did J. F., late of, &c., or infornTn- 
 
 but now deceased, at any time when he was in and when in j^f^^^s a 
 
 particular, open any cash account with you, and in what name or partner 
 names ; and whether or no did he upon that, or any other, and what Xo examine 
 occasion or occasions, make any, and what declaration or declara- * Jif"*^?' 
 tions to you or to any person, and whom in your hearing, respecting J. F. 
 his brother E. J. F. in the pleadings in this cause also named being j^ declark- 
 in partnership with him in any and what trades or businesses ? Set tions made 
 
 forth, &C. specting K. 
 
 5th. Whether or no were you at any time, and for how long, em- j^ partner? 
 ployed in any and- what situation in the late firm or banking-house of s^ip '^''ith 
 B. and company .' Whether or no had J. F. and R. J. F. late of Xo examine 
 
828 . EQUITY PRECEDENTS. 
 
 CH. XIII. but now both deceased, and in the pleadings in this cause 
 
 ttie bank- named, or either, and which of them, any cash account with the said 
 er's clerk to banking-house during such your situation therein, and what was the 
 whether J. name or style of such account ; and did the said J. F. and R. J. F., or 
 j'F"boft either, and which of 'them, draw in their own names upon such ac- 
 kept a cash count, and were such drafts honored, and were such accounts with such 
 and in what drafts Credited therein afterwards admitted by them, or either, and 
 name and ^^jjjgjj ^f tjjgm ? Declare, &c. 
 
 whether ' 
 
 their drafts were honored, and the accounts with such drafts credited therein admitted by them. 
 
 To Drove ^^^' ^'^^at is the right of voting for members of parliament at 
 
 whether E. ? Whether or no did R. J. F., late of, &c., ever, and when 
 
 for a mem- vote for any member or members of parliament for the said borough, 
 
 ber of par- jjjj(j jjj ;vhat right and character ; and whether or no did the said R. 
 Iiament, ° . zv • u 
 
 and wheth- J. F. ever, and when, serve any, and wliat, parochial offices in the 
 
 any pm"'' said borough ? Set forth, &c. 
 
 ohial office 7th. Whether or no did J. F. in the pleadings of this cause named, 
 
 ough. upon the occasion of any, and what election for a member or members 
 
 whetheTj. °^ parliament for the borough of , make any, and what decla- 
 
 F. at the ration, and when, respecting his brother R. J. F. in the pleadings of 
 made any this cause named, being a partner with him ? Declare, &c. 
 Hons^™" 8th. Whether or no were you acquainted with J. F. and R. J. F. 
 
 respecting late of, &c., but now deceased, the testators in the pleadings of this 
 partner cause respectively named, or either, and which of them, and how 
 with him. jpjjg before their respective deaths ? Whether or no had you at any 
 oonversa- time, and when, any conversation or conversations with the said J. 
 J.°f! re- ^- respecting the said complainant, or respecting any provision which 
 specting jje had made or intended to make for the said complainant, or which 
 ion in- had been made for the said complainant' by the said R. J. F. ? If 
 ifemade'for y®^' ^^^ '^^'^^h all the particulars of such conversations, and when and 
 the plaintiff upon what occasions the same passed according to the best of your 
 by K. J. F. knowledge, remembrance, information, and belief, and the truth de- 
 clare. 
 To prove a 9th. Whether or no were you at any tinie, and when and where 
 Kon^be-*^ present when any conversation passed between R. J. F. and J. F., 
 tween E. J. both late of, &c., but now deceased, respecting any provision made for 
 respecting ' the Complainant S. W., by the will of R. J. F. ? If yea, set forth 
 
 ion made'" '^^^^ '^^^ ^'^^'^ ^°^^ ^y ^^^ ^^^^ ^- "^^ ^- ^^^ *^® ^^^^ J- ^- "P°° **^^* 
 for the occasion ; And whether or no did the said R. J. F. then or at any other 
 
 the will 0^ time, and when, deliver to the said J. F. his will, or any paper which 
 
 ^■/' ^'Vi. he described as his will. Set forth, &c. 
 and wheth- ' 
 
 er he then 10th. Whether or no did J. F. and R. J. F., in the pleadings of 
 
 hfs wiU to ^^^^ cause respectively named, or either, and which of them, at any 
 
 J- F- time, and when, purchase any, and what sum in any, and what stock, 
 
 To prove a . ■' •" ' 
 
 purchase and m whose names as a gift for the said complainant as you know, 
 
INTERROGATORIES. 329 
 
 • or for any, and what reason believe ; and whether or no was the same CH. XIII. 
 at any time, and when, and upon what occasion and by whose advice of stock by 
 after the death of the said R. J. F., transferred into the name of the ^- ^-,- ""'* 
 said complainant as you know, or for any, and what reason believe ? a gift for 
 Whether or no did the said J. F. ever, and when, and upon what oc- ^jg ^„^'" 
 casion, make any, and wjiat declaration respecting his brother R. J. F. 'h'^' ''^^ 
 being a partner with him, and respecting the share and interest which the death of 
 he had in the joint trade and property ? Set forth, &c. ^'^^ trans- 
 
 ferred into the plaintiff's name ; also to prove declarations by J. F. respecting E. J. F. being a 
 partner with him, and his share in the business. 
 
 11th. Whether or no were you present in the room with the said To prove n 
 J. F. about two days before his death, when the said J. F. made any maj^e by J. 
 declaration to the defendant H. J. F. and S. F. respecting the said F. two days 
 complainant ? If yea, set forth the particulars of such declaration, death, re- 
 and what was said thereupon by the said H. J. F. or S. F. De- pfaUitiif. . 
 Clare, &c. -^he^the? 
 
 12th. Whether or no did you, on the part of the defendant H. J. the witness 
 F. ever, and when, attend any meeting of the said several defendants j^JgJJ '^„y 
 or any, and which of them, for the purpose of settling the share of the meeting of 
 said H. J. F. in the said J. F.'s estate ? If yea. Was the value of the ants for the 
 said J. F.'s estate then stated to be or admitted by the said defendants, Pgjjfj"^^® "^e 
 or any, and which of them, to be of any and what amount in the share of H. 
 whole ? Declare, &e. wiiat the 
 
 13th. (Interrogatory to prove exhibits in the handwriting of J. F.) ™''^<' there- 
 
 Lastly. (The concluding general interrogatory ; Vide ante, p. 2%?).) mitted to 
 
 be. 
 
 Look at the deed or writing now produced or shewn to you at this, ^^^ ^^^^.^ ^ 
 the time of your examination, marked with the letter (A), purporting P^}"'"^^'^^ 
 to be articles of copartnership between the said W. G. and the said as an ex- 
 A. E. Whether or no was the same at or about any, and what time ' ' ' 
 or times, signed, sealed, or delivered by any, and what persons or 
 person in your presence ? Are you or not a subscribing witness to the 
 signing, sealing, and delivering thereof, by the said W. G. and the said 
 A. E., or either and which of them ? Of whose handwriting is your 
 name now appearing to be subscribed or indorsed as witness thereto ? 
 Declare, &c. 
 
 Were you or not ever, and when and for how long between To ijrove 
 
 the day of and the -^day of employed ^bookfof'the 
 
 at in the county of in the conduct or management of dealings in 
 
 .,■,.!• J tradebytha. 
 
 any and what trade or trades carried on durmg such time or any and person em- 
 
 what pai-t of such time in the name of the said W. G. or any other gJ^^liJi- 
 and what person or persons as his partner or partners ? And if yea, agementof 
 28 » 
 
380 EQUITY PRECEDENTS. 
 
 CH. XIII. Did you ov not during such or any and what part of such time keep 
 the biisi- any and what book or books for the purpose of making entries of any 
 ness, and ^^^ what kind respecting the dealings and transactions of such trade 
 bills were or trades or either of them? Look upon the books produced and 
 and alOTti'ie shewn to you at this the time of your examination marked respec- 
 
 receipts ; tively with the letters — ; Were or not the several entries therein 
 
 or in some and which of them or some and which of such entries 
 made by you ? And if yea, When and upon what occasion and for 
 what purpose did you make such entries respectively, and what do 
 the same respectively purport to be ? And did you or not during 
 such time or any part of such time and when, make out or deliver 
 any bill or bills to any person or persons and to whom, for goods sold 
 during such time and when, from such trade or trades or some and 
 which of them ? And if yea, To whom was or were such person or 
 persons charged to be indebted by the title of the said bill or bills ; 
 and did you or not during such time and when receive from any per- 
 son or persons and whom any and what sum or sums of money for 
 ' goods sold from the said trade or trades or some and which of them 
 during such time ? And if yea. For whom and for whose use did 
 you by writing or otherwise and how acknowledge the same to be 
 also to received ; and was there or not during such- time or some and what 
 ''ames^er* P^'''' °^ ®'^^'^ *™® some written or painted inscription in or on the 
 •written external part of the shop or warehouse in which the said trade or 
 shop. trades or some and which of them were carried on, denoting the 
 
 name or names of the person or persons by whom or upon whose 
 account the same were carried on ? And if yeaj set forth what in 
 particular was such writing or inscription in the very words thereof 
 Declare, &c. 
 
 To prove as Look at the paper-writing now produced, &c. purporting to be a 
 
 a"riaper*"' proposal for or heads of articles of copartnership between ; 
 
 containing Whether or no do you know or are you acquainted with the charac- 
 
 ticles of tsr or manner of handwriting in which the same or any and what 
 
 copartner- parts or part thereof are or is written ? If yea, set forth of whose 
 
 also to handwriting the same and every or any and what parts or. part there- 
 
 fhelame^ of is or are, and have you or not seen such persons or person write ? 
 
 were deliv- Whether or no was the said paper-writing at any time and when and 
 
 eredtoaso- , ,. . , , o j 
 
 lioitor to by Whose direction sent or delivered to any person or persons and 
 
 to'arti'des ^^°'^ '"^ °^^'^^ *^^t regular articles of copartnership might be drawn 
 
 ofcoijart- pursuant, thereto, or otherwise? Whether or no did vou for any 
 
 nership ,- j , n j. * i i 
 
 drawn, that time and wiien, and tor how long and where, carry on any and 
 
 was M^ied "^^^ ^^^^ '^'^ ^^^^'^^ ^ copartnership with the said T. E. upon the 
 on agreea- terms Stipulated and expressed in the said paper-writinff, or upon 
 blvtothe J 1 . i 1 1.,- ex,, . , 
 
 Btipulations ^^7 ^^^ "^"^^ terms and conditions .'' Look upon the pnnted news- 
 
INTERROGATORIES. 331 
 
 papers now produced, &c. entitled respectively , and upon CH. XIIX. 
 
 the advertisement in each of the said newspapers marked ; contained 
 
 When and for what purpose and by whose direction were the said therein, 
 
 several advertisements or some and which of them inserted in the prove hy 
 
 said several newspapers, and were the same or any and which of them ^^gj^on'j!" 
 
 inserted with your knowledge or approbation ? Declare, &c. tain adver- 
 
 tisements 
 ■were inserted in newspapers. 
 
 In what manner and at what periods were the balance sheets of To prove 
 the said accounts piade up ? Were or not such balance sheets from ^^ "'ot^^' 
 time to time delivered to the said T. B. ? If yea, For what reason of a partner 
 and for what purpose were such balance sheets made up and deliv- balance 
 ered to the said T. B. ? Did vou or did you not at any time and fjK'ets of 
 
 '' •' '' the copart- 
 
 when during the continuance of the said partnership between the nersliip ac- 
 said G. P. and T. B. and yourself, consider the said T. B. entitled to ^™ ^^^^^ 
 any and what share and proportion of the profits of the said brokage ^P: ^"'^ 
 business ? And if the said T. B. had demanded any share or pro- the same 
 portion of such profits in the years when such business was profitable, y^?™^^ j^ 
 
 should you or should you not have complied with such demand, &c. ? T. B. and 
 
 ,, . i- .. o "Why; also 
 
 bet tortb, &c. to prove 
 
 whether 
 witness considered T. B. entitled to any «hare of the profits of the brokage business, and whether 
 if he had demanded a share thereof the witness would have complied therewith. 
 
 Do you and by any and what means know whether the said A. B. To prove 
 advanced any and what sum or sums of money as and for his share *f^(,jj™°"i°' 
 of the capital of the said trade in the pleadings of this cause men- advanced 
 tioned ? And if yea, set forth the several sums of money which he uerf '"''^ " 
 advanced for such purpose ; And have you or not examined the said 
 copartnership books ? And if yea, What sum or sums of money does 
 tjie said A. B. by the said books appear to have brought into the said 
 trade ? Declare, &c. 
 
 Do you or not know the nature and extent of the trade in the To prove a 
 pleadings of this cause mentioned? If yea, What was the extent of P^?''!^''" . 
 the said trade at the time of the commencement of the said partner- ness being 
 
 ship between the said , and was or not the said trade after- '"'^''^''^^ 
 
 wards increased and by whom and to what extent and by what 
 means ? Declare, &c. 
 
 Whether or no had the said defendants R. and S. or either and To prove 
 which of them any acquaintance or connection with R. C. who was ^e^drfend- 
 Some time since your partner, before he became your partner ; And ants were 
 
332 EQUITY PRECEDENTS. 
 
 CH. xm. whether or no did your dealings and transactions with the said de- 
 acquainted fendants E. and S. depend upon the continuation of your partnership 
 
 eci ''°th e'" ^'''^ ^^^ ^^^^ ^' ^" °^ "P°" ^^^ personal confidence which the said 
 C. the wit- defendants R. and S. reposed in you ? Declare, &c. 
 
 ness's late 
 
 partners, and whether witness's dealings with the defendants depended on the continuance of the 
 
 partnership or upon the confidence reposed in the witness. 
 
 To prove Whether or no did you in the month of command the 
 
 ness com- packet boat in his Majesty's service called the , bound from 
 
 manded a f. to L. ; and whether or no did you at any time iA or about the said 
 
 boat; that month of make a voyage in the said packet from F. to L. 
 
 tiff wasa" ^^^ °" what day did you sail from F. and on what day did you 
 
 passenger arrive at L. ? whether or no did the said complainant, the Honorable 
 
 ticular MJr. M. sail with you as a passenger in the said packet on the said 
 
 voyage, passage ? And if yea, What name did the said complainant assume, 
 
 name he and under what name did he pass upon the said voyage ? Set forth, 
 assumed. o 
 
 To prove Whether or no did you in the month of , see the complain- 
 
 Sarro'f a" ^*' ^^^ Honorable Mr. M. at L. ? If yea, When and whare and upon 
 
 conversa- vvhat occasion did you first see him, and did any conversation then 
 
 tween the pass between you and the said complainant respecting the defendant 
 
 and'w'k ^" ^ ^^ y®^' ^^^ ^O''"^ ^^^ particulars of conversation, and what was 
 
 ness re- said thereon by the said complainant and by you respectively, accord-' 
 
 the de"fend- ing to the best of your knowledge, remembrance, and belief.' 
 ant. 
 
 To prove Whether or no did you on the day of , see the com- 
 
 ulars of plainant, the Honorable J. M. at L. ? If yea. When and where and 
 convers™' "P°" "^^^^ occasion did you first see him, and what passed there- 
 tions, and upon, and when and how soon afterwards did you next see him, and= 
 ations did the said complainant enter into any conversation with you, or 
 Se'^^lain make to you any declarations respecting the defendant S. ? If yea, 
 tiff respect- set forth the particulars of such conversation or declarations accord- 
 fefd'ant.*^^" ing to the best of your knowledge, remembrance, and belief, and the 
 truth declare. 
 
 To prove Look upon the letters or paper-writings now produced, &c. marked, 
 exhibits. &c. Of whose handwriting are the said several letters or paper- 
 writings and every of them, or the superscriptions thereof and the 
 signatures thereto, as you know or believe ? And did you ever see 
 the person or persons write, whom you believe to have written, super- 
 scribed, or signed the same respectively, or by what means are you 
 acquainted with the manner or character of the handwriting of such 
 person or persons ? Set forth, &c. 
 
INTEEROGATOBIES. 333 
 
 Do you or not know whether the said J. N. the intestate deceased CH. XIII. 
 was ever married, and when, and to whom, and whether he left any to prove 
 and what legitimate children living at his death, or any legitimate '!!? plain- 
 grandchildren or grandchild, or any wife, or any father or mother, gree, and 
 brother or sister, brothers or sisters, or brother's or sister's children, tions'of'a 
 uncles or aunts, or uncle's or aunt's children respectively living at deceased 
 the time of his death ? And if any, set forth whom by name par- specting his 
 ticularly. And do you or not know whether the said complainants "<'^^''<=^' '^- 
 A. B. and C. D. or either and which of them were or was in any \ 
 
 manner and how related to the said intestate J. N. deceased ? And 
 if yea, set forth their or her or his degree of kindred, and how you 
 make out the same ; and if you at any time heard the said intestate 
 J. N. make any and what declarations touching or concerning any 
 persons in particular and whom by name, being his nearest relations 
 of the whole or of the half blood ; Set forth all you know and have 
 heard and believe concerning the matters inquired after by this inter- 
 rogatory, according to the best of your knowledge, remembrance, and 
 belief, with the reasons and circumstances to induce your belief fully 
 and at large. 
 
 Whether or no were or was the said W. C. and S. his wife, br To prove 
 
 either and which of them at any time and for how long in possession persom' o'o-° 
 
 or in the receipt of the rents and profits of any messuages, farms or cupied cer- 
 
 lands in the parish of , commonly called , and by whom until their 
 
 are such messuages, farms, and lands, now respectively occupied ? death; that 
 
 And whether or no did the said S. C. continue in such possession or death their 
 
 receipt until death, or how otherwise ? And whether or no did J. C. and contin- 
 
 the son of the said W. and S. C. at any time and when enter into the "ed in pos- 
 
 ■' /. /. , . session un- 
 
 possession, or into the receipt of the rents and profits of the said til his 
 
 messuages, farms, or lands, and whether or no did he continue in ji^^^. ^ ^^ 
 
 such possession or receipt until his death, or how otherwise ? And his.death 
 
 .^.,. ^ . another 
 
 whether or no did 1 . C. in the last interrogatory named, at any time person en- 
 and when enter into the possession or into the receipt of the rents !f™g,'°'° 
 and profits of the said messuages, farms, or lands ? And whether or 
 no did he continue in such possession or receipt, or how otherwise ? 
 Declare, &c. 
 
 Whether or no was J. C. late of, &c. commonly called To prove 
 
 yeoman, at any time and when in possession or in the receipt of the son was in 
 rents and profits of the freehold and copyhold messiiages, lands, and possession 
 tenements which were subject to a mortgage which formerly belonged &c, until 
 to the late A. M. clerk, and afterwards to the defendant M. M. and ^ly^^ ],g ^jg^ 
 now to the defendant T. F., and whether or no did he continue in mtestate 
 
 and with- 
 
 such possession or receipt until his death, and when did he die r out issue j 
 
334 EQUITY PRECEDENTS. 
 
 CH. XIII. Whether or no was the said J. C. ever and when married and to 
 
 Also to whom, and had he and did he leave any child or children, and whether 
 
 prove that ^^ jj^j ^j^ j^g ^jg testate or intestate, and who upon his death entered 
 
 another ^ • . ^ 
 
 person had upon such possession or receipt ? And whether or no was T. C. late 
 
 ot'the^la?]ds of, &c. aforesaid, at any time and when in the possession or in the 
 ^h ti"*^ h ^^"^^^P*- of *^^ rents and profits of the said freehold and copyhold 
 left any messuages, lands, and tenements, and whether or no did he continue 
 amiy! in such possession or receipt until his death, or how otherwise, and 
 Also to when did he die, and was he ever and when married and to whom, 
 prove that and had he and did he leave any child or children, and did he die 
 ment of testate or intestate ? And whether or no was any and what allot- 
 common ment made to the said T. C. in respect of the said freehold and copy- 
 made to hold lands, or any and what part thereof under any act of parliament 
 spect of the Passed for embanking the common salt-marsh in the township of W. 
 same lands, aforesaid, and for inclosing the same ? Set forth, &c. 
 
 To prove Whether or no did the said F. G. as you for any and what reason 
 
 urv mes-''^" know or believe receive any moneys from the Treasury or elsewhere, 
 
 senger re- and where on the account of the said A. B., and have you ever and 
 
 'moneys due in what years and how often seen the said F. G. pay any and what 
 
 to another gyms of money to the said A. B. in respect of the moneys so received 
 
 messenger, '' . . 
 
 that he paid by him, and whether or no was it the practice of the said F. G. 
 
 moneys so ^t ^"ch times to take receipts or memorandums for the moneys so 
 
 received, paid to the said A. B. or how otherwise, and whether or no was it as 
 
 and wheth- ' 
 
 er he was you for any and what reason know or believe the general habit of the 
 
 of taking ^^^^ ^' *^" *° ^® regular in his accounts and to take receipts or make 
 
 receipts for memorandums of moneys paid by him or how otherwise ? Declare, 
 tne same. ^ > 
 
 occ. 
 
 To prove Whether or no did the said G. G. in the course of the dealings and 
 
 remittances transactions between him and the said T. D. frequently and how often 
 
 and bills to for any and how long time receive from the said T. D. drafts or bills 
 
 the^pu?po^se °^ exchange for money, and to what amount yearly for the purpose 
 
 of receiving of the said G. G. receiving the, money payable thereby or for what 
 
 due H°ere^ ot^e^" purpose ; and whether or not also for the purpose of the said 
 
 Ta ^eared ^' ^''^ P^J^^S ^^^ Or part of the money so received to any other per- 
 
 reasonable son or persons on account of the said T. D. ? Did it or not appear 
 
 son emptoy- ^° 7°" ""^ drawing out the accounts between the said G. G. and T. D. 
 
 ed to make that it was reasonable that any and what sum of money should be 
 
 out the ac- . •' 
 
 counts be- allowed by the said i. D. and on- what ground unto the said G. G. or 
 
 partTes'ttat ^^^ representatives or estate as or by way of commission for receiving 
 
 an allow- the money on or by virtue of such bills or drafts ? Was or were or 
 
INTERROGATORIES, 335 
 
 not any and what sum or sums of money charged in the accounts CH. XIII. 
 
 drawn out by you as aforesaid for such commission and whether or ^ce should 
 
 not for postage of letters ? Had you or not ever and when any dis- ^^ ™''?^ ^°^ 
 
 . ■' commis- 
 
 course or conversation with the said T. D. with regard to his making sion and 
 
 any and what allowance to the estate or representative of the said fettM-f^also 
 
 G. G. for such commission and postage of letters or on either and to P'ove 
 
 which of such accounts ? If yea, What answer did the said T. D. said by the 
 
 make or how did he express or declare himself relating to such mat- ^^™"ci 
 
 ters or things or either and which of them ? Declare, &c. therewith 
 
 upon a conversation with him relative thereto. [Reftr to p.Wi, ante.'] 
 
 Hath or have or not any and what sum or sums of money been To prove 
 paid to or to the use of the said J. A. in the title to these interroga- JY^^ ]^^^ 
 tories named by any tenant or tenants as the rent or rents of any and P^i'l '" tlie 
 
 „ . ■ , . .11 -.defendant 
 
 what part of the premises m the 5th interrogatory mentioned .' If by the ten- 
 yea, set forth for what and by whom by name, and what sum or sums p"em?ses hi 
 hath or have been so paid. Declare, &c. question. 
 
 Interrogatories to be exhibited to witnesses, &c. wherein J. B. is 
 complainant and E. B. is defendant, on the part and behalf of the 
 said complainant. 
 
 1st. {As to knowledge of the parties.) ^^ ^^^^ 
 
 2d. Whether or no did you or any person and who in partnership that wit- 
 
 with you at any time and when and by whose order or authority tised'the 
 
 cause the premises in the pleadings in this cause mentioned amongst }?J|f™'/jf^„^ 
 
 others to be advertised for sale by auction, and whether or no did sold the 
 
 you or any person and who in partnership with you at any time and aSon'; 
 
 when and where and by *hose order or authority put up the said what con- 
 •' versation 
 
 premises to sale by public auction, and were the same described as witnesshad 
 
 lot 1, or as what other lot at the said auction ? And whether or no defendant 
 
 did any and what conversation pass between you and the said defend- the vendor 
 
 ant previously to the said lot being put up to the price at which the price at 
 
 same should be sold, and whether or no did the said defendant bid for "^^^^ ^^^ 
 
 the said lot and how much, and to whom was the said lot knocked should be 
 
 down and at what price ? And was it so knocked down fairly and ^^hether 
 
 bona fide or how otherwise ? And had the said defendant any time ^'jf^^'^'J^^ 
 
 or opportunity to make a further bidding ; and did the said defend- down fairly 
 
 ant when the same was so knocked down publicly or otherwise and ^^^^^ ^^j 
 
 how object thereto, or when first did the said defendant object to the ^^'^'"'^''^1^^^^ 
 
 said sale ? Set forth, &c. ant then 
 
 made any objection thereto. 
 
335 EQUITY PRECEDENTS. 
 
 CH. XIII. 3d. Look upon the paper-writing now produced, &c. ; Of whose 
 j^ ^Q^g handwriting is the said paper-writing and every part thereof and in 
 as an ex- particular the signatures of " John White & Son " set and subscribed 
 raemoraV thereto ; And whether or no had you authority from tlie said defend- 
 diira or re- ^^^ ^^ ggj g^^^j subscribe your name to such memorandum or receipt 
 ceipt signed •' , n , ■ ■, • o a j 
 
 by the auc- or to sign any agreement as to the sale ot the said premises .'' And 
 
 wharau- is it the usage for persons employed as auctioneers to sign such mem- 
 thority lie orandum receipts or agreements on the part of the persons by whom 
 signing the they are employed to sell, and whether or no had you then actually 
 
 tlTgeneml received from the said complainant the said sura of $ or for 
 
 usage of what reason did you give a receipt for the said sum as if you had 
 as to sign- actually received it ? Set forth, &c. 
 
 >"§ j''=«'^'P's. 4th. Look upon the paper-writing now produced, &o. ; Of whose 
 of the ven- handwriting is the said agreement, and whether or no was the same 
 whether'' signed by any person and whom in your presence ? And is your 
 witness had name set and subscribed as a witness thereto of your proper hand- 
 the deposit, writing ? Where was the said agreement written and signed, and 
 To prove as ^as the said defendant then present, and did he make any and what 
 the agree- objection thereto, and whether or no were you present when the sale 
 
 fdb^ tifr °^' ^^^ ^^^^ '"'' ^°°^ P^^^^ ' •^"'^ '^ y®^' ®'^''® ^^^^ passed there- 
 plaintiff, upon, and whether when the said lot was knocked down to the said 
 the defend- complainant any and what objection was made thereto by the said 
 
 ant was defendant. Set forth, &c. 
 
 present ' 
 
 when the Lastly. ( The concluding general interrogatory.) 
 
 same was 
 
 signed and 
 
 tliereto'' Opinion. — The question in this cause is, whether any memoran- 
 
 and what dum of the sale was signed by any person lawfully authorized by the 
 the time of defendant, and the only paper that can be stated to have that effect 
 
 ^^'®' is the memorandum and receipt of the $ mentioned in the 
 
 bill to have been signed by one of the Whites. 
 
 The agreement signed by the plaintiff, does not bear upon the 
 difficulty of the case. If the evidence comes up to the representa- 
 tion of it, I think the plaintiff will succeed ; but the case is not 
 without doubt. 
 
 Interrogatories to be exhibited to witnesses, &c. (see p. 265, ante.) 
 1st. (As to the knowledge of the parties, see p. 268, ante.) 
 
 To prove 2d. Whether or no were you employed 'on as auctioneer at 
 
 twtieerin"' ^^^ ^^^ °^ ^ certain copyhold estate which had belonged to the late 
 how many S. C. late of, &c. innholder ? If yea, In how many lots was the 
 
 tate was estate sold, and who was the purchaser at such sale of lots ■ 
 
 sold; also ^nd ■ , and at what prices? Look upon the printed paper now 
 
 an exhibit a produced, &c. marked with the letter (M) ; Whether or no is the 
 
INTEEK06AT0EIES. 337 
 
 same one of the copies of the particular and condition of the said sale, CH. xm. 
 
 and were the said lots and , purchased subject to such copy of the 
 
 particular and condition ? And if yea, What was the amount of half particulars 
 
 . •' of sale, the 
 
 the auction duty on the said lots and , and what was amount of 
 
 the appraised value of the fixtures which were to be taken by the pur- auction du- 
 
 chaser of lot '■ , and at what sum was the timber on lot ty, and the 
 
 valued ? Set forth, &c. ' fixtures 
 
 3d. Whether or no were you at any time or times and when after ^^^^y^^' 
 
 present at any conversation or conversations between the said oonversa- 
 
 complainant and the said defendant as to whom the said complainant tween the 
 
 was to consider as the purchaser of lots and part of pi^jntiff 
 
 Ji '^ aaudefend- 
 
 the estate of the late S. C, being the premises in the pleadings in this ant as to 
 
 cause mentioned ? If yea, Set forth all and every the particulars of piaintiir 
 
 such conversation or conversations, and what was said therein both by ™^^ '" °°°- 
 ,., ,. ni'Tipi sider as the 
 
 the said complamant and the said defendant respectively, and when purchaser 
 
 and where, and in whose presence and hearing, and upon what occa- J^ia'^^oj;"" 
 
 sion or occasions all and every such conversation or conversations took To prove 
 
 1 o _!• 1 o delivery of 
 
 place, oet forth, &c. possession 
 
 4th. Whether or no were you present when the said complainant fj/M^if^ 
 
 .delivered to Mr. K. the possession of the premises in the pleadings in and what 
 
 this cause mentioned ? If yea. Set forth the particulars of what passed thereat. 
 
 upon that occasion, and what was said thereupon by the said com- '^° fPZ? 
 r ' c J application 
 
 plainant to the said Mr. K. Set forth, &c. made by 
 
 5th. Whether or no were you at any time present when the said totheplain- 
 
 ■ defendant made any application or request to the said complainant to tiff for time 
 , . . J fc r , . . , , , to pay the 
 
 give him time to pay the purchase-money ot the premises in the plead- purchase- 
 
 ings mentioned ? If yea. Set forth the particulars of such application ™{Jether""^ 
 
 and request, and when the same was made, and whether or no after the same 
 
 the said Mr. K. was in possession of the said premises. Set forth, &c. possession 
 
 6th. Whether or no did you ever and when hear the said Mr. K. ^^'as dehv- 
 
 make any and what declaration and to whom as to his having or not Mr. K. 
 
 employed the said defendant to purchase for him of the said complain- dectotfon 
 
 ant the premises in the pleadings in this cause mentioned ? Set ^^?'^]:.^- 
 
 forth, &C. having em- 
 
 Lastly. (The concluding general interrogatory^ see p- 268, ante.) defendant* 
 
 to purchase 
 
 the premi- 
 
 ses for him. 
 
 In Chancery. 
 
 Interrogatories to be administered to witnesses, &c. {see p. 265, ante) 
 wherein J. D. is complainant, and I. D. and T. E. C. are defendants 
 on the part and behalf of the said complainant! 
 
 1st. (As to knowledge of the parties, see p. 268, ante.) 
 29 
 
338 EQUITY sPRBCBDEiSTS. 
 
 CH. Xin. 2d. {To prove as an exhibit the agreement signed by the defendant 
 I. D. with the plaintiff ; see the last interrogatory inserted in p. 294, 
 ante.) 
 To prove as 3d. Look upon the letter or paper-writing now produced and shewn 
 fette^writ- to you at- this the time of your examination marked with the letter 
 ten by one (B), and the superscription or direction thereof ; Whether or no" are 
 of the do- ^ '", -, , • . 1 -^u xi, 1, ^ A 
 
 fendants. you by any and what means acquainted with the character and man- 
 ner of the handwriting of the said defendant I. D., and whether or no 
 is the body of the said letter or paper-writing and the name I. D. ap- 
 pearing to be set and subscribed thereto, and the superscription or 
 direction of the said letter or either and which of them of the proper 
 handwriting of the said defendant I. D. as you know or believe ? De- 
 clare, &c. 
 
 4th. {To prove the particulars of a conversation between the plain- 
 tiff and one of the defendants, and an offer made hy the plaintiff to 
 pay part of the consideration-money ; see the 3d interrogatory inserted 
 in p. 280, ante.) 
 Toproveby 5th. Whether or no did you at any time and when treat with or 
 inatfon'of enter into any agreement with the said defendant I. D. for the sale by 
 
 the solici- jjjm ^f the public-house at E. in the pleadings of this cause 
 
 ployed in mentioned, to the defendant T. B. C. ? If yea, When and by whom 
 the treaty^ were you employed to enter into such treaty and agreement, and 
 
 between when and from whom respectively did you receive all and every your 
 the defend- . . ,. . ^ , ^ 1 -, ■ 
 
 ants by instructions or directions as to such treaty or agreement : Ana m 
 
 wer"em- '*' Particular did you ever and when receive any instructions or direc- 
 ployed,that tions respecting such agreement from D. W. and W. H. the partners 
 ed Jirec- of the said defendant T. R. C. or either and which of them ? And 
 tions from ^jjether or no pending such treaty, or after the said agreement was 
 ners of the concluded, and before the purchase-money was paid by the said de- 
 t! r! c" fendant T. R. C. pursuant to such agreement, did you know or believe 
 and that or had you any intimation that the agreement in the pleadings in this 
 treaty or cause set forth, or any agreement had been entered into between the 
 pureiiase^ said complainant and the said defendant I. D. as to the sale of the 
 
 money was said public-house called the by the said I. D. to the said 
 
 received an complainant ; and when and from whom and upon what grounds did 
 th''t"th''°" y*"^ know or believe the same, or when and from whom did you re- 
 plaintiff ceive such intimation ? And did you at any time and when before 
 had entered *l^e said agreement was concluded, or before the said purchase-money 
 
 into an ^g^ paid by the said defendant T. R. C, inform the said defendant of 
 
 agreement, ^ *^ 
 
 and -ivheth- such your knowledge or belief, or of such intimation, and if not, why ? 
 
 er they in- o^ i- ^i » 
 
 formed T. ^'^^ ^'^^^^^ '^^■ 
 
 E. C. of it. 6th. Whether or no did you ever, and when, treat or agree with 
 
 by the'ex- ^'^^ defendant I. D. for the sale by him of the public-house at 
 
 amination E., in the pleadings of this cause mentioned, to the defendant T. R. C., 
 
INTERROGATORIES. 339 
 
 or employ any person or persons, and whom, in any such treaty or CH. XIII. 
 agreement, or did you ever, and when, and to whom give any, and rfn^e^i^rt- 
 what instructions or directions as to such treaty or agreement ? And "^■"^ "*' "'^ 
 
 1 ii Ti , . , , ., , „ , „ defendant 
 
 whether or no did you so treat or agree with the said defendant I. D. T. E. C. 
 
 or so employ such person or persons, in such treaty or agreement, or J^ev mi'ter- 
 
 give such instructions or directions as to such treaty or agreement by ed into or 
 
 the previous authority of the said T. R. C, or with his privity or oSiei"per- 
 
 approbation ; or did he after you had so treated or agreed, or so em- ^°"^ ™-^ 
 
 ployed such person or persons, or given such directions or instruc- enter into a 
 
 tions, know and approve of the same, or how otherwise ? And thTdrfend- 
 
 whether or no pending the treaty with the said defendant I. D. for ^"' ^- ^■^°^ 
 
 the sale of the said public house to the said defendant T. R. C. or preipises; 
 
 after the agreement for such sale was concluded, and before the pur- Jhey had 
 
 chase-money was paid by the said T. R. C. pursuant to such agree- the previ- 
 
 ment, &c. (the same as the concluding part of the former interrogatory.) \tj of T. R. 
 
 Set forth, &c. ' C or 
 
 whether he 
 7th. Whether or no did you on any day, and when in particular in afterwards 
 
 or about the month of dine in company with the said com- proved of It. 
 
 plainant at the public-house at B. ? And whether or no did the said T" P™^^ 
 *■ . ■■ that at a 
 
 complainant then say to you, or to any other person, and whom, in dinner the 
 
 your presence or hearing, that he had made any agreement for the Conned one 
 
 purchase, of the public-house called the , at E. in which he of 'lie P,=,\"- 
 
 ii6rs of I 
 lived, or to any such and what effect ? And whether or no was the E. C. timt 
 
 agreement between the defendants I. D. and T. R. C. as to the sale of "^J^f f^r 
 the said house then concluded, or had the said T. R. C. then paid his the pur- 
 purchase-money for the said house to the said I. D. as you linow or premises, ' 
 believe ? And whether or no did you mention or give any intimation and wheth- 
 to the said T. R. C. of what the said complainant had then said before agreement 
 the said agreement was concluded between the said defendants I. D. defendtints 
 and T. E. C, or before the said purchase-money was paid by the said "^^ f^V^A 
 T. R. C, and if not, why ? Set forth, &c. or the pur- 
 
 8th. Whether or no did you ever, and when, and how often, and ey^paid*""" 
 at what particular times in or about the month of , and whether and wheth- 
 
 er witness 
 
 alone or in company with any other person, and whom, call at the informed 
 house of the said complainant and ask to look at the agreement which 1^^^ ^J °^ 
 he had entered into for the purchase of his house, or to any such and had heard. 
 what effect ? Or have you had any other and what conversation with j,y ^^g ^^_ 
 the said complainant respecting any such agreement ? And whether amination 
 or no did you or any other person, and who in your presence at any the part- 
 and which of such times see the said agreement ? And whether or E;'^c°that 
 no did you or any other person, and who, in your presence, at any, te fre- 
 and which of such times, desire to take the said agreement away, and called "at 
 allege any, and what reason for so doing, or actually take the said y^.f^ouse 
 agreement away, and allege any, and what reason for so doing ? And to look at 
 
340 EQUITY PRECEDENTS. 
 
 CH. XIII. for how long did you or such other person keep such agreement, and 
 
 his agree- for what reason ? And when did you or such other person return the 
 
 he^took fhe same to the said complainant ? And whether or no did you or such 
 
 same away other person when the said agreement was so returned to the said 
 
 long he complainant, make any and what declaration as to the value that the 
 
 ''^d' 'h t ^^'*^ agreement would be of to the said complainant if he knew how 
 
 passed to use the same, or to any such, or any other, and what effect ? And 
 
 returned whether or no when you first called at the house of the said cora- 
 
 'if ^'J'"''' plainant as aforesaid, and had any conversation with the said complain- 
 
 prove ant respecting any such agreement as aforesaid, or when you or such 
 
 when he other person took away such agreement as aforesaid, had the treaty 
 
 first had for the purchase of the said public-house called the by the 
 
 anvoonver- .■,■,,< -i m-nz-ii -, ■ ■!. ■-, ■• f > 
 
 safion with said defendant i. K. (J. been entered into with the said defendant 
 
 the plaintiir j j) ? q^ jf entered into, had the same been concluded, or if con- 
 respecting ' ' 
 his agree- eluded, had the purchase-money for the said house been paid by the 
 
 took the said T. R. C. as you know or believe ? Set forth the particulars at 
 
 same away, jjjpgg according to the best of your knowledge, remembrance, and be- 
 
 ment be- lief, and the truth declare. 
 
 defendants Lastly. {The concluding generolinterrogatory ; see p. 2 G8, ante.) 
 
 had been 
 entered in- 
 to or con- • 
 eluded, or 
 the pur- 
 
 ohase-mon- Interrogatories to be exhibited, &c. (see p. 268, ante.) 
 ey paid. 
 
 As to 1st. (As to knowledge of the parties ; vide p. 268, ante.) 
 
 knowledge ^d. Did you know N. L. in the pleadings named, the said complain- 
 of N. L. ant's late grandfather, deceased, in his lifetime and for how long be- 
 fore his death, and when, or about what time did he die ? Declare, 
 &c. 
 
 As to 3d. Whether or no do you know, and have you or not at any, and 
 
 witness's , , . , ' 
 
 knowledge how long time known or been acquainted with a messuage or tene- 
 
 premises in "^"^ ^""^ premises situate, &c., now called or known by the name of, 
 question. &c., and heretofore or formerly called or known by the name of, &c., 
 
 and late, or heretofore, the estate of the said N. L. ? Declare, &c. 
 To prave 4th. Whether Or no did the said N. L. ever, and when, in his life- 
 sold the ' t™", sell or dispose of the messuage or tenement and premises in the 
 Suction to *''''^ interrogatory mentioned or inquired after to the said defendants 
 the defend- or any, and which of them, or to any, and what other persons or per- 
 execiitld ^°"' ^"'^ ^'lo™ ^y name, and for what sums or sum of money, or for 
 ces thereof ^^■^ °*^'" ^°*^ ^^^^^ consideration ; and were, or was, or not the same 
 to them; Or any, and what part thereof by any, and what deeds or deed, or 
 defendants^ otherwise, and how conveyed, and by whom, and particularly whether 
 had previ- Or not by the said N. L., to such purchasers or purchaser, or any and 
 to notior^' which of them ? Had or not such persons or person, purchasers or 
 
INTERROGATORIES. 341 
 
 purchaser, or any, and which of them, at any, and what time before, CH. XIU. 
 
 or at the time of making such purchase or of the execution of the j^^^^j^ j^ , 
 
 conveyance of the said premises, or of the payment of the whole or title was 
 
 any, and what part of the purchase-money or consideration for the and th™ 
 
 same, and by what means any, and what knowledge, notice, or infor- ^°™® P.®""- , 
 ii i ii -1 /. , . , -KT T , ., sonclaimed 
 
 mation, that the title ot the said N. L. to the said messuage or tene- title te the 
 
 ment and premises, or any, and what part thereof, was defective, or i™f ^''®'"' 
 
 that he had not full power or authority to sell or dispose of the same, 
 
 or of the inheritance thereof, or that any, and what other person, and 
 
 who by name, had any right, title, claim, or interest thereto or therein, 
 
 or to, or in any, and what part thereof, as you know, or for any, and 
 
 what reason believe ? Declare, &c. 
 
 5th. Whether or no had the purchaser or purchasers of the said To prove 
 
 messuage or tenement and premises in the said 3d interrogatory men- purcliasers 
 
 tioned or inquired after, or any, or either, and which of them at any pftheprem- 
 
 -* » « 1/1 ISCS 111 
 
 and what time before or at the time of making such purchase or exe- question 
 
 cuting the conveyance of the said premises or of the payment of the of the"'"^^ 
 
 whole, or any, and what part of the purchase-money for the same and piamtiff' s 
 , , 111 ■ ' claim there- 
 
 by what means any and what knowledge, notice, or information that toprevious- 
 
 the complainant had any and what right, title, claim, or interest tfj^eofpur- 
 
 thereto or therein, or to or in any and what part thereof? Declare, chase or 
 
 „ ■ payment of 
 
 **"• the consid- 
 
 6th. Whether or no was the price or the sum of money paid by the ^^ation- 
 said purchasers or purchaser of the said messuage, or tenement and To prove 
 premises, as in the said preceding interrogatory is mentioned and purchase- 
 inquired after, the full or utmost price or value thereof, or was or not ,™°°^7 ^''^ 
 the same and for what reason less and by how much less than the full the full v.d- 
 value thereof in case a good title could have been made thereto to premises^ 
 such purchasers or purchaser ? Were or not the same premises pur- and that an 
 chased for some and what sum of money less than the real and full was made 
 value thereof on account of some and what defect in the title of the account'™ 
 vendors or vendor thereof, and whom by name in the title thereto or the defec- 
 therein, or was or not some and what deduction or allowance made 
 out of the purchase-money for the same or such or some and what 
 other account .' Declare, &c. 
 
 7th. Whether or no did you ever and when on any and what occa- To prove 
 sion hear the said defendants, or any and which of them say or {joj,g j, " 
 declare anything and what touching or concerning their or any and andconver- 
 which of their right or title to the aforesaid messuage or tenement with the 
 and premises, or any and what part thereof, or any defect therein, or jeiSve'to^ 
 touching or concerning the right, title, interest, or claim of any and their title 
 what other persons or person, and whom by name thereto or therein .' premises. 
 Set forth all and every the particulars and when and where and before 
 whom or in whose presence or hearing and upon what occasion the 
 29* 
 
342 EQUITY PRECEDENTS. 
 
 CH. XIII. same or any of them were or was made ; Had you or not ever and 
 
 when any and what convei-sation with the said defendants or any and 
 
 which of them touching their or any and which of their right or title 
 
 to the aforesaid premises or any and what part thereof? Declare, &c. 
 
 Lastly. {The concluding general interrogatory ; vide ante, p. 268.) 
 
 lo prove Whether or no were you at any time or times and when previously 
 the partiou- , , , . , , . i , ■ ■, t r ^ 
 
 lavs of a to the agreement between the said complainant and the said deiend- 
 
 MorTbe-'^' ^°* respecting the purchase by the said defendant of the house and 
 
 tween the premises of the said complainant at , present at any conversa- 
 
 and defend- ''on or conversations which passed between the said complainant and 
 
 ?°^''^^P?^'' the said defendant upon the treaty for the said purchase? If yea, 
 
 of the plain- Set forth the particulars of such conversations and what was said 
 
 house and therein by the said complainant to the said defendant respecting his 
 
 ground pre- title to the said premises ; and whether anything and what was said 
 vioustothe ,, ., ,. , .inn-i 1-1 1 
 
 agreement by the said complainant to the said defendant as to the title to the 
 
 entered into newly enclosed ground in front of the said premises; Set forth all 
 
 chase. and every the matters and things aforesaid, according to the best of 
 
 your knowledge, remembrance, information, and belief. 
 
 To prove a Whether or no at any time and when after the agreement between 
 made by the said complainant and the said defendant respecting the said pur- 
 ant to be're *''^^®®' ''''^ *''^® said defendant desire you to communicate to the said 
 leased from complainant any proposal on his part as to his being released from the 
 for pur- said agreement ? If yea, Set forth the particulars of such proposal, 
 chase. ^qJ when and upon what occasion the said defendant made the same ; 
 Set forth, &c. 
 
 ?hat''nre- Whether or no had you at any time and when previously to the 
 
 viousfy to making of the agreement of the day of , in the plead- 
 
 ment?oT" ^"8^ ™' ^his cause stated, and upon what occasion, any and what corn- 
 purchase, munication with the said complainant as to the title of the said de- 
 witness r. -, ■ . 
 communi- lendant to the premises comprised in the said agreement ? And 
 
 the^plJn* '^'•^ *^® ®^'*^ complainant at any time, and when, and upon what occa- 
 tif d^ f° ^'°" previously to the making of the aforesaid agreement, state to the 
 ant's title, said defendant or to you or to any other person and whom as the 
 t^eVlai^tiff soli^'*'"' ^^ ^S^"*^ of the said defendant that there existed any and 
 stated that what objections to the title of the said defendant to the said premises, 
 ed^ob/ec"-* " ^""^ '™ particular any and what objections by reason that one R. B. 
 tit°leV° ''"' ^^^ '^°' joined in the conveyance of the said premises to the said 
 reason that defendant, or any and what objections by reason that one A. S. 
 soM Saml claimed to have some right or interest in the said premises, and for 
 ed an inter- what purpose did the said complainant state the said objections to the 
 
INTERROGATORIES. 843 
 
 title of the said defendant to the premises, and had the said objec- CH. XIII. 
 tions any and what effect as to the price which the said defendant est in the 
 agreed to accept from the said complainant for the said premises ? ^[^ ""q'^'* ' 
 
 Declare, &C. prove what 
 
 was the 
 
 plaintiff's 
 
 Did or not J. A., the defendant in the title to these interrogatories ^akinu-" 
 
 named, at any and what time sell to any and what person or persons sich objeo- 
 
 by name, any and what part of the premises in the last interrogatory To pi-ove 
 
 mentioned ? If yea, Set forth for what price, and what sum or sums S'^jinf ^as 
 
 of money the said defendant received as tiie consideration thereof, sold part of 
 
 ■p. , ■ „ the premi- 
 
 Ueclare, CEC. seg in ques- 
 
 tion and at 
 what price. 
 
 Did you at any time and when act as an auctioneer and put up to To prove 
 sale by auction the estate in the pleadings in this cause mentioned, y^gg ^j^ jj^,. 
 and was or not the said estate sold in lots, and did you or not at the tioneer sold 
 
 /. /. 1 1 "''-^ estate, 
 
 time 01 such sale, and before the putting up ot any of the lots, pro- and the 
 duce some and what plan or particular of the said estate, and did you ^[f "gj^^t" 
 at or before the said sale make any and what declaration concerning the time of 
 the lots so to be put up to sale, or concerning the plan or particular 
 of the said estate ? Declare, &c. 
 
 Were you at any time, and when, and by whom, and on whose be- To prove 
 half employed to sell by public auction or otherwise, a certain free- ness was 
 hold estate situate, &c., in the pleadings of this cause mentioned ? a^auSion- 
 If yea. Did you prepare or cause to be prepared, any plan or particu- eer to sell 
 lar of the said estate, or was any plan or particular of the said estate and that he 
 prepared ? If yea. Where was such plan or particular left, and was piepared 
 the same open for the inspection of persons who might be desirous of thereof re- 
 buying the said estate, or any part thereof ? And was the sale of the th'J adver-" 
 said estate advertised, and was any and what plan or particular tisements, 
 
 •' ^ . and that the 
 
 referred to in such advertisements, and were or not the respective same was 
 lots marked or described in such plan or particular ? Declare, &c. [^^ iTspec-" 
 
 tion of per- 
 sons desir- 
 ous to pur- 
 Did you know J. O. late of , deceased, in his lifetime, and chase. 
 
 lo prove 
 
 for any and what length of time previously to his decease r Was he that a de- 
 or not, at any time in the service or employ of the said Bristol Dock goa'^^'^'^&^hr 
 Company ? If yea. In what station or capacity, and for what length the defeud- 
 of time was he so employed by the said Bristol Dock Company ? yice, and in 
 Declare, &c. it;'"'''^" 
 
 Whether or no have you now and have you for any, and what time, what situa- 
 had any, and what situation or office, situations or offices in or about ^°° ^^j'^g 
 his Majesty's Treasury, or connected with the business thereof, and in his Maj- 
 
344 EQUITY PRECEDENTS. 
 
 CH. XIII. whether or no have you by means of such office or situation, or 
 
 esty'sTrea- ^J ^^J other, and what means, had any opportunity to become 
 
 sury, and acquainted, and are you in any, and what degree acquainted with the 
 
 edge of the duties, employment, and profits of the Treasury messengers ? De- 
 duties and 1 D 
 profits of ^^^^^> *^- 
 
 the treas- 
 
 sengers. Whether or no were you intimately or otherwise, and how, ac- 
 
 whiit'silua- I'^^'i'^sd with F. G. and A. B. who were lately two of the saidTreas- 
 tion a per- ury messengers, but are now deceased, and for how long did you 
 before he severally know them, and what was the situation of the said A. B. be- 
 ™^*t"d" ^°^^ ^^ ^^^ appointed a Treasury messenger, and was he before such 
 treasury appointment a person of property, or reputed to be a person of prop- 
 arid wheth- ^'''J' o'' ^^o^ otherwise ? Declare, &c. 
 er he was 
 
 reputed to -,-,■,. . , 
 
 be a man of Whether or no had you any, and what relation or connection who 
 
 ?™rirove ""^^ * Treasury messenger a,t the same time with the said F. G. ? 
 
 that wit- And if yea, Did the said F. G. receive the moneys which were due 
 
 relation 'o such your relation or connection in his employ of messenger, in 
 
 who was tjjg same manner as he received the moneys due to the said A. B., 
 
 employed . ., . „ ^ . 
 
 as a treasu- and did the said F. G. from time to time pay over to such your rela- 
 
 ger°that"" '^°'^ °'' (connection the moneys which he received from him, or what 
 another -yvas the State of the accounts between them at the death of the said 
 messenger -r, r( 5 t> i i. 
 
 received i^ ■ G. r Declare, &C. 
 the moneys 
 
 due to him, 
 
 and what 
 
 was the 
 
 state of ac- Whether or no did you know, or were you acquainted with S. D. 
 
 tweenthem °^ ' deceased (in the pleadings of this cause named) in his 
 
 at the de- lifetime ? If yea. When and where did he die ? And for how long 
 
 C6EIS6 or V ' o 
 
 such per- time did you know him or were you acquainted with him before the 
 To prove '^^ °^ ^'^ death ? And when and where did you first know or be- 
 the death come acquainted with him, and for how long time, or to what time 
 
 of a person, ,, , . .,.,,. ^ -r^. -, t -, 
 
 and when did you continue acquainted Avith him ? Did you or did you not 
 
 how long ^i"^^ o'' reside with the said S. D. in his lifetime ?, If yea, When and 
 
 witness where, and for how long time, and in what rank, station, or capacity 
 
 q™iint°'d ^^^ jou live or reside with, or serve the said S. D. in his lifetime ? 
 
 with him, And in what circumstances and situation in life at the time when 
 
 when first 
 
 and in what you first knew or became acquainted with the said S. D., and from 
 witness'' ^^"^ ^ ^™^^ during the time that you knew or were acquainted with 
 
 lived with him, was the said S. D., and in what circumstances and situation in 
 
 him, and in ,.„ , ,, .. , « ,. -, 
 
 thecircum- "16 at the time when you first lived or resided with or served the said 
 
 situ"at1on'iu ^' ^'^ ^^^ ^^^ ^™® ^° *™® during the time you lived or resided 
 life of the wither served him, was the said S. D. ? Declare according to the 
 dSg^he ^''** ^'^ 7°"'' knowledge, remembrance, and belief, together with the 
 respective grounds or rea-ons on which your belief is founded. 
 
INTERROGATORIES. 345 
 
 Whether or no do you know, and for how long have you known, CH. XIII. 
 
 two. pieces of land called the forty acres, which are now in the occu- periods that 
 
 pation of R. B. of the said parish of W., farmer ? If yea, Within ^''"^ss 
 
 what parish are the said pieces of land situate, as you know, or for quainted 
 
 any, and what reason or reasons, believe, and whether or no have you „„£[ lived'in 
 
 ever, and when, heard from any person or persons, and whom, who ]fi^ service. 
 
 are now dead, within what parish the said two pieces of land are sit- within 
 
 uate ? And whether or no do you know to what parish the poor's J^J^ pieces 
 
 rates or tithes have been paid for the said two pieces of land, and of land are 
 
 when, and by whom, and to whom ? Declare, &c. reputed to 
 
 be situate, 
 
 and to what 
 
 parish the 
 poor's rates 
 
 Whether or no did you ever, and when, and by whose employment S^^e bee 
 make a survey and admeasurement of certain lands called the S., sit- paid. 
 uate in the parish of C, in the county of ? If yea, Of what survey- 
 number of acres do the said lands consist ? Declare, &c. ™ ^''5 °^ ^'} 
 
 ' estate, and 
 
 of what 
 
 number of 
 
 acres it con- 
 sists. 
 
 Whether or no did the said defendants, or either, and which of To prove a 
 them, or any, and what person or persons, or their, or either and moneyor of 
 which of their behalf, at any times or time, and when, or about what securities 
 
 ,,,,,,. r 1 1" payment 
 
 times or time particularly, and whether before or after the or dis- 
 
 day of , tender or offer to pay or satisfy unto any, and what w^^gs" 
 
 persons or person any, and what sums or sum of money in or towards "id wheth- 
 discharging any, and what legacies or legacy, given by the will of was accept- 
 
 ? Were or was, or not any, and what securities or security, ^^ '^j' '"®' , 
 
 and from and to whom, for the payment of any, and what sums or what 
 sum of money, produced and by whom at all, or any, and which of tive thereto. 
 such times ? Did the person to whom such, if any, tender was offered 
 or made at any or either, and which of such times agree or refuse to 
 accept the money or other satisfaction so offered, and how and in what 
 manner, did he, she, or they, at such time or times expi-ess or declare 
 him, or herself, or themselves, relating thereto ? Declare, &c. 
 
 Did or not the said F. E. in the pleadings in this cause named J°^ll°^l ^ 
 in his lifetime and from and up to what time in particular carry on person hav- 
 any, and what trade or dealing, and in what sort of merchandise ? trader with- 
 
 ueciare, occ. meaning of ' 
 
 the bank- 
 rupt laws. 
 
 Of what trade or profession are you? Do you know the copy- J^" P™™^^ 
 
 hold premises in the pleadings in this cause and in the 5th inter- value of 
 
346 EQUITY PRECEDENTS. 
 
 CH. XIII. rogatory mentioned, and how long have you known the same ? Of 
 „,.„„. :7„j what annual value were the same when J. A. the defendant in the 
 
 pioIIilSUS UiIJ 
 
 the time the title to these interrogatories named first took possession of the same 
 took pos- as you know or for any and what reason believe ? Of what annual 
 session, and yj^jyg j^j.g (i,g game now, and particularly what is the annual value 
 present , of such part thereof as remain in the possession of the said J. A. ? 
 Declare, &c. 
 
 To prove of Are you or not acquainted with the parish of W. and the rectory 
 
 an\dvow- °^ ^" described in the particular of the estate in the pleadings of this 
 
 son. cause mentioned ? If yea, Do you or not know and by any and what 
 
 means what was the value of the advowson of the said rectory on the 
 
 4th of October, 1821, and how do you calculate and make out such 
 
 value ? Declare, &c. 
 
 „, . Whether or no were you at any time and when employed by 
 
 theestimat to estimate the value of the estate and premises described in 
 
 anestati)" ^^^ printed particular of sale marked (A) now produced, &c. ? If yea, 
 
 at what Did you form your estimate of the value from any actual survey and 
 
 quantity "^ •' -,,,./. 
 
 witness admeasurement or from any and what other information respecting 
 
 certain'^ the quantity of lands to be sold, and in particular in forming such 
 lands, and valuation at what quantity did you compute certain lands jiart of 
 
 gree it the said estate called the -t ? And whether or no should you 
 
 ^d"''' d to" '" ^"y ^"*^ ^'^^'' ""a""''"' l^av** reduced the estimate of the value of 
 estimate if such estate and premises if you had known the said lands called the 
 
 hadkno^wn contained a less number of acres than they were so computed 
 
 that certain at by you ? 
 lands con- 
 tained less 
 
 weTe Mm- ^i*^ JO" previously to the time of the sale of the estate in the 
 puted at. pleadings of this cause mentioned make any and what estimate of 
 the va°ua- the value of the reversion of the said houses or lots after the expi- 
 ,'.iT„,?L'i^^ ration of the leases under which the said houses were held ? And if 
 ry interest yea, How did you make such estimation or valuation, and was or 
 afterlife "ot in particular the valuation of lot 10 or the houses comprised in 
 of^extst?" ^^^^ ■'°'' '^'S^®'' ^^^^^ '^"^ valuation of some other lot containing the 
 leases pre- same number of houses and fet at the same rents, and what was 
 theTafe'" ^^^ reason of such difference in the valuation of such reversion? 
 thereof. Declare, &c. 
 that the 
 valuation of 
 
 one lot exceeded another lot containing the same number of houses and let at the like yearly- 
 rents,' and the reason of such difference. 
 
 To prove 
 
 ili'^ofT"' ^° ^°" ''"°"' whether the said T. M. in the 1st interrogatory 
 
 will." ^ named ever and when and in whose presence cancelled any will or 
 
INTERROGATORIES. 847 
 
 testament made by him and of what date in particular ? And if yea, ch. XIII. 
 Were you present at the time, and did the said T. M. inform you or 
 make any declaration why he cancelled such will or testament? And 
 set forth the particular words or declarations used or made by the said 
 T. M. as the reasons for his cancelling such will or testament as nearly 
 and fully as you can recollect the same ? Declare, &c. 
 
 Forms of Interrogatories for the Examination of Parties, 
 and also for the Examination of Creditors and their Wit- 
 nesses, and others, under Decrees am,d Decretal Orders. 
 
 Interrogatories for the examination of the personal representatives of an ad- 
 ministrator as to his intestate's estate and effects exclusive of his share in 
 a partnership business, and also to the debts whieh were owing by the 
 intestate. 
 
 Between, &c. 
 
 Interrogatories to be examined, &c. 
 
 1st. Whether or no was R. P. the intestate in the pleadings in this 
 cause named, at the time of his death possessed of or entitled to any 
 personal estate and effects other than, and besides and exclusive of 
 his part, share, or interest, in the copartnership trade and business in 
 the pleadings in this cause mentioned, and the stock and effects be- 
 longing thereto ? If yea. Set forth a full, true, and particular inven- 
 tory and account thereof, and all the particulars whereof the same 
 consisted, and the full, true, and utmost value thereof, and all the 
 particulars thereof, which were possessed by you, or any, and which 
 of you, and- by any other person or persons, by your, or any, and 
 which of your order, and for your, or any, and which of your use, or 
 by the said late defendant T. P., or any other person or persons by 
 his order, or for his use in his lifetime, and how, and in what manner 
 the same were and have been applied or disposed of, and also an ac- 
 count of all and every sums and sum of money received by sale or on 
 account of the said intestate's personal estate and effects other than, 
 and independent of, or distinct from his share, interest, or concern in 
 the copartnership trade or business in the pleadings in this cause 
 mentioned, or the stock or effects belonging thereto, or otherwise on 
 account of the said separate personal estate and effects of the said 
 intestate, and when, by whom, and of whom, for what and on what 
 account or accounts, the same and every part thereof, were or was so 
 
348 EQUITY PRECEDENTS. 
 
 CH. XIII. received, and whether any, and what part or particulars of the said 
 separate personal estate and eifects of the said intestate remains or 
 remain outstanding or unreceived. 
 
 2d. Whether or no was the said intestate E. P. at the time of his 
 death separately indebted to any persons or person besides or exclu- 
 sively of the debts owing from him as a partner in the aforesaid 
 copartnership concern or business ? If yea, Set forth a full, true, and 
 particular account of all and every such debts ; Have you or not, or 
 have or hath, or not any, and which of you, or any persons or person 
 by your, or any, and which of your order, or on your, or on any, and 
 which of your behalf paid, laid out, or expended, and did the said 
 late defendant T. P., or any other person or persons by his order, or 
 on his behalf, in his lifetime pay, lay out, or expend any, and what 
 sums or sum of ruoney in or towards the discharging of all or any, 
 and which of such debts, or of the funeral expenses of the said intes-_ 
 tate R. P.? If yea. Set forth a full, just, true, and particular ac- 
 count of aU and every such sum or sums of money, and when, and 
 by whom, and to whom, and for what, or on what account or accounts 
 the same, and every part thereof were or was so paid, laid out, or 
 expended. 
 
 An interrogatory for the examination of an agent or steward. 
 
 Whether or no were you in the lifetime of the said testator T. D., 
 
 whether the and for how long time before his death empowered by him or any 
 
 TnYem-"* other person, and whom, to let and sell, or any, and what part of the 
 
 powered by freehold and leasehold estates of the said testator, and to receive the 
 
 to let and rents and profits thereof, or do you otherwise and how, know of what' 
 
 sell his freehold or leasehold estates, the said testator died seised or possessed, 
 
 and lease- or entitled unto ? If yea, Set forth a full, true, and just, rental de- 
 
 and to re- scription and particular thereof, and where the same and every part 
 
 ceive the thereof are situate, and the yearly value of each particular thereof, 
 rents there- j j r 7 
 
 of; and in whose tenure or occupation the same and every part thereof 
 
 prove the then was, or since has been, and now is, and under what leases or 
 
 particulars terms of years, if any, and at what yearly or other rent or rents ; And 
 of such es- ,. , f. , 1 i. 11. . ■ ,• 
 
 tates, how set forth tor now long time you have been in possession or receipt ot 
 
 amfnant''^" the rents and profits of such freehold and leasehold estates, or any 
 
 has been in and what part thereof, and by what right and title, and for whose 
 
 of any part, iise ; And also set forth a full, true, and particular account of all and 
 
 what rents gygry gyni and sums of money which have been received by you, or 
 have been •' •' j j ' 
 
 received by any other person or persons, by your order, or for your use, for, or in 
 
 what re- respect of the rents and profits of the said estates or any part thereof 
 
INTERROGATORIES. 349 
 
 which have or hath become due since the death of the said testator, CH. XIII. 
 
 and what, and by whom, and for whose use, and for what rent and of main in ar- 
 what part of the said estates, and when due, all, and every such sums ™'"'' ""'^ 
 were respectively received, and whether any, and which of such rents what mon- 
 and profits are now in arrear, and if so, why ; And also set forth a ^l^ g^f 
 full, true, and particular account of all and every, the sum and sums pended on 
 of money which have been from time to time paid and disbursed by 
 you since the death of the said testator for, or on account of the said 
 freehold and leasehold estate or estates of the said testator, and when, 
 and to whom, and for what, all and every such sums were respec- 
 tively paid and disbursed ; Set forth, &c. 
 
 Interrogatories for the examination of a defendant before the Master, to 
 prove the number and age of her children, and when baptized. 
 
 Between B. B. and others, - - Plaintiffs, 
 and 
 T. A. and others, - - Defendants. 
 
 Interrogatories exhibited on behalf of the plaintiffs before J. S. H. 
 Esq., &c. 
 
 1st. Whether or no were there any children living of the marriage 
 between you and your late husband W. A., in the pleadings in this 
 cause named, at the time of his death, and what were their respective 
 names, and when and where were they severally born, and are or is 
 any or either, and which of them, since dead, and when did he, she, 
 or they, die ? 
 
 2d. Whether or no were they, or any, or either, and which of them, 
 at any time or times, and when, and where, and by whom baptized, 
 and whether or no were or was, any entries or entry, at any time or 
 times, and when, made in any registers or register, of any, and what 
 parish, church or churches, or chapels or chapel, or other places or 
 place, as to the birth and baptism of all, or any, or either, and which, 
 of them ? 
 
 30 
 
350 EQUITY PEECBDENTS. 
 
 CH. XIII. Interrogatories for the examinajion of creditors and their witnesses. 
 
 Between A. B. and CD. - - Complainants, 
 and 
 E. F. and G. H. - - Defendants. 
 
 Interrogatories exhibited by the complainants before W. G. Esq. 
 one of the Masters of this Honorable Court, for the examination of 
 the creditors of T. H. Esq. deceased, in the pleadings in this cause 
 named, and of their witnesses, in pursuance of the decree and order 
 of this Court, made on the hearing of this cause on the 8th day of 
 March, 1781. 
 
 To prove 1st. "Was the said T. H. in his lifetime and at the time of his death 
 due to the indebted to you in any and what sum or sums of money on any and 
 examin- -yphat account, and have you or have you not at any time or times 
 
 Q,IltS fit btlO 
 
 time of the and when and from whom received any and what satisfaction for the 
 
 death and same or any part thereof, and is the same and every or any and what 
 
 whether p^rt thereof still justly due and owing to you ? Declare, &c. 
 
 thereof has 2'd. Was the said T. H. in his lifetime and at the time of his 
 
 fied? '*''^' death indebted to you in any and what sum of money for principal 
 
 To prove and interest due to you on mortgage or other security or securities 
 
 eys^ar? due ^^^^ from him to you, and when does or do such mortgage deed or 
 
 on mort- other security or securities bear date, and for what consideration was 
 
 ot&r secu- or were the same made and by and before whom and- when executed, 
 
 the'o T*^ ^^^ ^^'^ ^^ "'' ^''® ^^^ subscribing witness or witnesses to the execu- 
 
 ulars there- tion thereof, and have you or have you not or any other person and 
 
 \^ho on your account or behalf and when received such principal 
 
 money and interest, or any and what part thereof, as you know, have 
 
 heard and believe ? Declare, &c. 
 
 To prove 3,j. "Was the said T. H. in his lifetime and at the time of his death 
 
 what mon- . 
 
 eys are due mdebted to you m any and what sum or sums oi money on any and 
 
 ment aiid ^^^^ judgment, and when was the same confessed or recovered by 
 
 when such you Or whom else in any and what Court against the said T. H., 
 
 was con- ^"d have you or have you not or any other person and who on your 
 
 fessed. account or behalf, or on any other account and when and from whom 
 
 received any and what satisfaction for the same, or any and what 
 
 part thereof, and is the same ajid every or any and what part 
 
 thereof still justly due and owing as you know and do believe ? 
 
 . Declare, &c. 
 
 To prove 4th. Was the said T. H. in his lifetime and at the time of his death 
 
 what mon- .it,,, 
 
 eys are due indebted to you m any and what sum or sums of money on any and 
 
 on bond, ^jj^t bond or other security made and entered into by him to you or 
 
INTERR06AT0BIBS. 351 
 
 any other person or persons and whom by name, and when was the CH. XIII. 
 same so made and given, and for what consideration or on what 
 account and in what penalty, and what was the consideration thereof, 
 and when does the same bear date, and hath or hath not the same 
 been and when paid off and discharged, or is any and what part 
 thereof still justly due and owing to you or whom else on the said 
 bond as you know, have heard, and do believe ? Declare, &c. 
 
 5th. Was the said T. H. in his lifetime and at the time of his To prove 
 death indebted to you in any and what sum or sums of money on any ^''ai.™^"^ 
 and what promissory or other note, and when and for what consider- on promis- 
 ration was the same so made or given or indorsed to you, or whom 
 else by the said T. H. and what is the date thereof, and hath or not 
 the same and every or any and what part thereof been and when paid 
 off and discharged, or is the same or any and what part thereof, still 
 justly due and owing to you, or whom else, as you know, have heard 
 and believe ? Declare, &c. 
 
 6th. Was the said T. H. in his lifetime and at the time of his To prove 
 death indebted to you in any and what sum or sums of money on any 7*"^' isdue 
 and what book debt or debts, for any and what goods sold and deliv- sold and 
 ered by you to him or by his order or for his use or on his account, 
 and at what particular time or times were the same so sold and deliv- 
 ered by you to him or by his order or for his use, and what was or 
 were the particular or particulars thereof, and hath or have or not 
 the same or some and what part or parts thereof been and when paid 
 off and discharged, and is or are the same and every or any and what 
 part or parts thereof still remaining justly due and owing thereon? 
 Declare, &c. 
 
 7th. Was the said testator T. H. in his lifetime and at the time of To prove 
 his death justly and truly indebted to you in any and what sum or for";Jork"* 
 sums of money for work and labor done and performed by you and and labor. 
 your journeymen and servants or any of them and for materials and 
 things found and provided by you and used in and about such work 
 for the said T. H. or by his order, and when, where, and at what 
 place or places ? And have you or have you not or any other person 
 or persons and who on your account or behalf, or on any other and 
 what account and when and from whom received any and what satis- 
 faction for the same or any and what part thereof, and is the same 
 and every or any and what part thereof still justly due and owing to 
 you or whom else as you know and do believe ? Declare, &c. 
 
 8th. Was the said T. H. in his lifetime and at the time of his To prove 
 death justly and truly indebted to you in any and what sum or sums ^ the de"^ 
 of .money for business done by you^ and for your fees and for money ceased's 
 necessarily paid, laid out, disbursed, and expended by you, and when 
 for him or on his account or behalf in any and what business, and have 
 
352 EQUITY PRECEDENTS. 
 
 CH. XIII. you or have you not or any other person or persons and who on your 
 account and behalf, or on any other and what account, and from 
 whom and wheii received any and what satisfaction for the same or 
 any and' what part thereof, and is the same or any and what part 
 thereof still justly due and owing to you or whom else as you know or 
 do believe ? Declare, &c. 
 To prove 9th. Was or were the bond or bonds, or other writing or writings 
 
 tion of marked now produced and shown to you at this the time of 
 
 oSier'ex^'^ your examination, or any and which of them signed, sealed, or execu- 
 
 hibits by ted in your presence and by whom ? Were you or not a witness to 
 
 bine wit- " ^^^ signing, sealing, or executing such bond or bonds, or other wri- 
 
 nesses. ting or writings, or any and which of them ? Is your name set or 
 
 subscribed as a witness to the same respectively, or any and which of 
 
 them, of your own proper handwriting, and is or are the name or 
 
 names of the other subscribing witness or witnesses thereto of his, 
 
 their, or any and which of their own proper handwriting or not ? 
 
 Declare all that you know or believe concerning the same. 
 
 Interrogatories for the examination of a person claiming to be a creditor, to 
 
 prove the actual consideration of a bond, and under what circumstances 
 
 the same was executed ; also as to loans of moneys in the examinant's 
 
 charge stated to have been lent, and as to an agreement made with him 
 
 * for the passage of a woman and two children on board a vessel. 
 
 Between B. M. widow, and others, - Plaintiffs, 
 and 
 B. N. and others, - Defendants. 
 
 Interrogatories exhibited on behalf of the said defendants before 
 J. S. Esq. one of the Masters of this Honorable Court to whom this 
 cause stands referred, for the examination of T. S. Esq. who claims 
 to be a creditor of the testator G. S. in the pleadings of this cause 
 named, pursuant to the decree made in this cause bearing date the 
 day of . 
 
 To prove 
 
 under what _„, _ , ■, ■ , 
 
 circum- 1st. When and where and m whose presence did the. said testator 
 
 boTd wa^s ^- ^- execute the bond to you for the sum of $ in your charge 
 
 executed, mentioned, and at what time, of the day was such bond executed, 
 
 considera- and was it not after dinner, and was the said G. S, then intoxicated, 
 
 Won there- qj. Jq ^ny and what degree heated with liquor, and was not the said 
 
 Whether Gr. S. addicted to drinking, and by whom was such bond prepared, 
 
 the obligor a,nd when in particular, and by whose directions, ahd what was the 
 
 W35 not in— . rt rt 
 
 toxioated at consideration of such bond ; and if you allege that the consideration 
 
INTERROGATORIES. 353 
 
 was for moneys advanced or paid by you to or for the use or on the CH. XIII. 
 
 account of the said G. S., then set forth when and where and in the time he 
 
 what manner and in whose presence and to whom such moneys and executed 
 
 every part thereof were so advanced and paid ? Did not the said and whet'h- 
 
 G. S. pay to you the sum of $ ■ for his passage from ■ to any occa- 
 
 — — before or upon or soon after his coming on board your ship, s'on for the 
 
 and did not the said G. S. bring on board with him the further sum edTo'have 
 
 of f or thereabouts, or some other and what further sum as been lent, 
 
 . for the se- 
 
 you know or believe, and how happened it, therefore, that the said curing 
 
 G. S. had occasion for the said sum of $ and ho'w did he ^o'lfd wif* 
 
 spend the same, and what did he do therewith ? executed. 
 
 2d. When and where and in whose presence did you pay to Mr; S. the time of 
 
 in your charge named, the sum of therein mentioned, and ^^■'^'^^in "^ 
 
 when and where and in whose presence did the said G. S. request the exami- 
 
 you to pay the same, and when and how did the said G. S. become charge al- 
 
 indebted in the said sum of $ to the said Mr. S. ? i^sed to be 
 
 due to him 
 3d. When and where and in what manner and in whose presence and to have 
 
 did you advance to the said G. S. the sum of $ and every part over to"' 
 
 thereof in your said charge, stated to have been lent by you to the ano'.her 
 
 said testator at , and how did the said G. S. spend the same, prove the 
 
 or what did he do therewith ? When and where and in what man- ™me of'ad- 
 
 ner and in whose presence did you advance to the said G. S. the sum vancement 
 
 of $ and every part thereof in your said charge stated to have sums in the 
 
 been lent by you to the said G. S. at , and for what purpose ^nt ™'°" 
 
 did he require such loan ? charge sta- 
 
 4th. When and where and in whose presence was the agreement been lent. 
 
 made between you and the said G. S. for the passage of Mrs. M. To prove 
 
 and her two children from to ? Did the said Mrs. M. the agree- 
 
 or her children dine at your table on the passage, or were they not '^^ ^°^ 
 
 treated by you as common passengers, or how otherwise ? And what of a woman 
 
 is the usual and customary payment for the passage of a woman and children 
 
 two such children from to , who are treated as com- ''°"' ""ey 
 
 were treat- 
 mon passengers or one treated as the said Mrs. M. and her two ed, and the 
 
 children were treated by you, and what is the usual and customary jjj the rate 
 
 payment for such a passage for a woman and two such children who of payment 
 K. <, • , , , ? for the pas- 
 
 dme at the captam s table .-' sage of a 
 
 woman 
 and two children where they are treated as common passengers, or where they dine at the captain's 
 table. 
 
 30* 
 
354 EQUITY PRECEDENTS. 
 
 CH. Sin. As to the existence of a bond, and what has become of- the same ; also to 
 " prove the handwriting, and acknowledgments or admissions made by the 
 
 obligor. 
 
 Between, &c. 
 
 • 
 
 Interrogatories exhibited on behalf of W. T. and E. T. who claim 
 to be creditors of the said defendant, before S. T. Esq. one, &c. to 
 whom this cause stands referred, for the examination of W. L. for 
 the proof of their debt, pursuant to, &c. 
 
 To prove 1st. Whether or no have you at any time and when and for how 
 the exist- Jong jj^d in your custody, possession, or power, or have you at any 
 bond. time or times and when i-espectively seen in the custody, possession, 
 
 or power of any other person or persons and whom, a bond or obli- 
 gation in writing, executed or purporting to be executed .by the pres- 
 ent Marquess of D. by his then name of Earl of B. of the date and 
 in the words and figures or to the purport and effect hereinafter set 
 forth, or any other and what bond executed or purporting to be exe- 
 . cuted by the said Marquess of D. by his then name of Earl of B. to 
 J. F. T. the wife of W. T. of M. by her then name of B. of any other 
 and what date, or in any other and what words and figures, or to any 
 other and what purport and effect ? {Setting forth the bond.) 
 To prove ^^' Whether and from whom, and upon what occasion did you 
 
 from whom receive such bond or obligation, if the same hath ever been in your 
 witness re- . , , . , ^ , ■■, , ■, 
 
 ceived the custody, possession, or power, and what is become oi the said bond, 
 to whom he '^^^^'^ "^ t^e same now, or was when you last knew thereof, and to 
 delivered whom, and when, and upon what occasion did you give up the cus- 
 has become tody, possession, or power of the said bond ? Or if the said bond hath 
 same* never been in your custody, possession, or power, and upon what 
 occasion or occasions did you see the same in the custody, posses- 
 sion, or power, of any other person or persons ; and what is now be- 
 come thereof as you know, or for any and what reason, believe ? 
 To prove 3d. Are you acquainted with the character of the handwriting of 
 writhfg of ^^^ ^^^^ Marquess of D., and have you ever seen the said Marquess 
 the signa- Write, or by what other means did you become acquainted with the 
 bondl^andT character of his handwriting, and whether or no do you believe that 
 
 tesUn *wit- ^^^ ^^'^^ " ^ " ^^^ ^"*^ subscribed in the said bond or obliga- 
 
 ness, and tion was of the proper handwriting of the said Marquess, or if not, 
 handwri- ^^7 ' *°d whether or no was the name of any attesting witness, and 
 bolT°If the '^^""^ ^®' ^°^ subscribed to the said bond, and are you by any, and 
 bon5. what means acquainted with the character of the handwriting of such 
 
 attesting witness, and was such name of his proper handwriting, and 
 
INTERROaATORIES. 355 
 
 is such attesting witness now living or dead, and when did he die ? CH. XIII. 
 And do you know of whose handwriting was the body and condition 
 of the said bond ? 
 
 4th. Whether or no was any instrument or other authority pro- To prove 
 duced to you whereby the said Mrs. T., the obligee in the said bond, Hie^obHgee 
 authorized and empowered any other person, and whom, to receive in the bond 
 the money due on the said bond, or otherwise to discharge the same ? thority"to 
 If yea. Set forth the particulars of such instrument or other authority, ^ ^^'"7^'"' 
 and what hath become thereof. the money 
 
 5th. Whether or no have you at any time or times, and when and on.^ ^'^' 
 
 upon what occasion or occasions had any conversation with the said To prove 
 
 Marquess of T>. upon the subject of the said bond, or have you at any edgments 
 
 time or times, and when and upon what occasion or occasions heard ".'' '"Imis- 
 , .. __ , „ sions made 
 
 the said Marquess ot D. speak of the said bond ; and whether or no by the obli- 
 
 did the said Marquess of D. upon such occasion or occasions acknowl- fave'the ^^ 
 
 edge or admit that he gave the said bond for the proper use and bene- bond for the 
 
 fit of the said Mrs. T., or how otherwise ? owrf bene- 
 
 6th. Look upon the letters or paper-writings now produced, &c. ; ^'' 
 
 Of whose handwriting are the said letters or the signatures and super- ]etters°as 
 
 scriptions thereto respectively as you for any and what reason know ®^''ib''s. 
 
 or believe ? 
 
 Interrogatories for the examination of executors before the Master. 
 
 • Between A. B. - - - - Plaintiff, 
 • ■ and 
 
 C. D., &c. . - - Defendants. 
 
 Iiiterrogatories exhibited on behalf of the said plaintiff before I. E. 
 Esq. one of the Masters of this Honorable Court, for the examination 
 of the defendants, pursuant to the decree made in this cause, bearing 
 date the day of . 
 
 Whether or no was D. W. deceased, in the pleadings of this cause As to the 
 named, at the time of his death possessed of or entitled to or interested of the per- 
 in any and what goods, chattels, personal estate, and effects, as you sonal estate 
 know, or for any and what reason believe ? If yea, Set forth a full, plication 
 true, and just inventory and account thereof, and of every part thereof, '{j'"^g°'^ ^^ 
 and of the particulars whereof the same consisted, and the quantities, inants, and 
 qualities, full, real, and true valuations of all such particulars ; And the debts ' 
 whether or no were all, or any, and which of such particulars, and to ^"® '° ^^° 
 what amount and value possessed or received by, or come to the hands the time of 
 of you or one and which of you, or any and what persons or person J'^ ^^^^ 
 by the order or for the use of you or one and which of you, and how moneys 
 and in what manner, and when and where and by whom and for how received in 
 
356 EQUITY PRECEDENTS. 
 
 CH. xni. much have or hath the same and every, or any, and what part there- 
 discharge '^^t t'sen sold or disposed of, and whether any and what parts thereof 
 thereof. ^nd to what value and amount now remain undisposed of, and what is 
 become thereof ? Whether or no were any and what suras of money 
 due or owing to the said D. W. at the time of his death ? If yea, Set 
 forth a full, true, and particular account of all and every such sums, 
 and from whom and for what the same were respectively due, and 
 whether on any and what securities or security, and whether carrying 
 interest or not, and at what rate, and how much was due for interest 
 thereon respectively at the time of his death ; and also a full, true, 
 and just account of all and every sums and sum of money, from time 
 to time received by or by the order of; or for the use of you or either 
 of you in or towards the discharge of such debts, or any of them, or 
 the interest thereof, or of any of them, since the death of the said D. W., 
 and when and by whom, and for whose use and for what, all and every 
 such sums were respectively received ; and what sums or sum of money 
 still remain due in respect thereof, or of the interest thereof, or of any 
 of them and for whom, and why such sums have not been gotten in and 
 received, and where do the persons from whom the same are respectively 
 due live and reside ? Set forth all the matters aforesaid according to 
 the best of your respective knowledge, remembrance, information, and 
 belie£ 
 
 As to the "Whether or no was the said D. W. at the time of his death indebted 
 
 ing by°the ^^ ^^7 ^^^ ^^^^ persons or person in any and what sums or sum of 
 
 '«*t*'<f I money ? If yea. Set forth a particular account of all and every the 
 
 moneys debts whatsoever which were then justly due and owing from him, 
 
 paM to-™ ^^^ *° whom, and for what, and on what security, (if any,) the same 
 
 wards the were respectively due ; and whether any and what sums or sum of 
 
 discharge , i i , . . ■■ , 
 
 thereof, money have or hath been smce paid by you m or towards the dis- 
 
 fanerll'ex- ^^^^S^ °^ ^^^ <"^ ^"7 ^""^ which of such debts, and when, and to whom, 
 
 and for what ; and whether any and what sums or *Bum of money do 
 
 or doth now remain unpaid on account thereof; Whether or no were 
 
 or was any and what sums or sum of money paid and disbursed by 
 
 you for or on account of the funeral expenses and debts of the said 
 
 testator or otherwise in relation to his estate, and when and by whom 
 
 and to whom and for what were all and every such sums respectively 
 
 paid ? Set forth, &c. 
 
 As to the Whether or no was the said testator at the time of his death pos- 
 iSehJld s^ss^d of or entitled to any leasehold property ? If yea. Set forth the 
 property, particulars of which the same consisted and where the same and every 
 
 what rents *. -i, r • * i 
 
 have been part tliereot was situate, and by whom and for what term or terms of 
 received yg^rs and under what yearly or other rent or rents 'the same and every 
 
INTERROGATORIES. 357 
 
 part thereof was held at the death of the testator, and whether any CH. XIII. 
 and what sums or sum of money have been received by you or 6ither therefrom, 
 of- you in respect of such rent or rents and whien and from whom and ^^i^l^l^^ 
 for what rents respectively ; And whether on no have you or either been sold ; 
 and which of you sold any and what part of the said testator's lease- 
 hold property ? And if yea, When and to whom and for what was 
 the same sold, and what sum or sums of money hath or have been re- also as to 
 ceived by you and either and which of you in respect of such sale, and {OT's'stook 
 when and from whom and for what was or were such sum or sums re- i" trade, 
 
 tn.6 V3,rii.6 
 
 ceived, and what now remains due in respect of such sale, and why thereof, and 
 the same is outstanding and unpaid ? And set forth also a full, true, ^^"^^"g"" 
 and particular accounf of the stock in trade which the said testator been re- 
 was possessed of or entitled to at his death, of what the same and every sale^here- 
 part thereof consisted, and what at the said testator's death was the °^- 
 full and true value of each and every part thereof ; And set forth also • 
 a full, true, and particular account of the moneys produced by the sale 
 of such stock in trade, and when and to whom and for what the same 
 and every part thereof was sold or what became thereof. Set forth 
 all and every, &c. 
 
 Whether or no was the said testator J. B. at the time of his death As to the 
 seised of or otherwise and how entitled to any and Vhat freehold and ^^^^ copy- 
 copyhold estates ? If yea. Set forth a full, true, and just rental de- j°'^^?^^'^^ 
 scription and particular thereof, and the number of acres thereof the testator 
 respectively, and where the same and every part thereof is situate, J^^J ^J^'^^ 
 
 and the yearly value of each particular thereof, and in whose tenure parts have 
 •' •' '^ r ■ 1 T. been sold, 
 
 or occupation the same and every part thereof respectively then was and how 
 
 or since has been and now is, and under what leases or terms, if any, ^^^ fj^"^" 
 and at what yearly or other rent Or rents ; And set forth also whether money has 
 any and which of such estates or any and what part thereof have or ed; also as 
 hath since the death of the said testator J. B. been sold and disposed ^"J^'^^'g^^^ 
 of, and when and where and by and to whom and for how much every been re- 
 particular thereof hath been sold and disposed of and whether at the ^^^^ ^g*" 
 
 full and utmost value thereof, and if not, why, and how and in what main in 
 
 -J 3 T J arrear. 
 
 manner the money arising fro;n the same hath been paid and apphed ; 
 
 And set forth also a full, true, and particular account of all and every 
 sum and sums of money which have been from time to time received 
 by you or any or either and which of you or by any other person or 
 persons by your or any or either and which of your order or for your 
 or any or either and which of your use for or in respect of the rents 
 and profits of the said freehold and copyhold estates and every or any 
 part thereof which were due and owing at the death of the said tes- 
 tator or which have since become due, and when and by whom and 
 
358 EQUITY PRECEDENTS. 
 
 CH. XIII. from whom and for what all and every such sum and sums were re- 
 spectiVely received, and whether any and which of such rents and 
 profits are now in arreaa*, and if so, why ? 
 
 As to -what Whether or no have you been paid or in any manner satisfied any 
 
 been re- part of the principal-money of $ mentioned in the bond or ob- 
 
 ^®j-^^? *°^ ligation of T. B. the said testator, bearing date, &c., or any part of the 
 and inter- interest which hath accrued due thereon ? If yea. Set forth the par- 
 bond"^ °° ticulars and amount of all and every sums or sum which you have 
 
 been so paid or satisfied and when respectively and by whom and in 
 
 what manner. 
 
 Interrogatory for the examination of executors and trustees as to any per- 
 sonal estate got in or disposed of by them, and moneys received by sale 
 of real estate and from the rents thereof, since the time of the examinants 
 putting in their answers to the plaintiff's bill. 
 
 Hath not some and what part of the personal estate and effects of 
 R. H. Esq. deceased, the testator in the pleadings in this cause 
 named, or of the produce of such personal estate, or of the money 
 arisen by sale of his real estate or any part thereof, or in respect of 
 the rents and profits of his real estate or of any part thereof, been 
 possessed by or come to the hands of you or one and which of you, 
 since the respective times of your respectively swearing to your 
 respective answers in the plaintiff's bill in this cause ? Set forth a 
 full, true, and just account of all and singular such personal estate 
 and the produce thereof which hath been so possessed or received by 
 you respectively or by your respective order or for your respective 
 use, or come to your respective hands since the time of swearing 
 ■your said respective answers, and the natures, kinds, qualities, and 
 quantities and the fuU, real, and true value of all and every such par- 
 ticulars, and when and by whom and to whom all and every or any 
 and which of such particulars have been sold or disposed of, and 
 whether any and what part thereof remains undisposed of, and what 
 is become thereof. Hath any and what part of the personal estate 
 of the said testator R. H. which remained undisposed of at the time 
 of swearing your said respective answers been since sold or disposed 
 of and when and by and to whom and for how much, and whether 
 for the full value thereof, or how much under the full value thereof 
 respectively, and what sums or sum of money have or hath been 
 received for the same, and when and by whom and for whose use ? 
 Set forth also a full, true, and just account of all and.every the sums 
 or sum of money which have or hath been from time to time received 
 
INTERROGATORIES. 359 
 
 by you or either of you, or by any persons or person by the order or CH. XIII. 
 for the use of you or either of you since the swearing of your said 
 respective answers for or in respect of the produce or money arisen 
 by sale of the real estate of the said testatof or any part thereof, or 
 the rents or profits of such real estate or any part thereof, and when 
 and by whom for what and on what account all and every such sums 
 were respectively received ? Set forth all and every the matters and 
 things aforesaid according to the best of your respective knowledge, 
 remembrance, and belief. 
 
 Interrogatories for the examination before a Master of the executor and 
 heir-at-law of a deceased defendant, who was the agent, steward, re- 
 ceiver, and manager of the estates in question. 
 
 Between, &c. 
 
 Interrogatories exhibited, &c. 
 
 1st. Set forth according to the best of your knowledge and belief As to the 
 
 rents re- 
 
 or 
 
 a full, true, and particular account of all and every the rents, issues, ^e^ved 
 and profits and sums and sum of money arisen from rents, issues, and which 
 profits of the estates of the plaintiff's Viscountess S. and C. C. in the wilful de- 
 pleadings mentioned, situate in the several counties of, &c. or any of f^"^' might 
 them, which have arisen or become due since the' death of J. B. their received. 
 mother, received by or come to the hands of the late defendant R. B. 
 , in his lifetime, and you the now defendant E. B. as his heir-at-law 
 and executor since his death, or any other person or persons by your 
 or either of your orders, or for your or either of your use, or which 
 without your or either or one of your wilful default might have been 
 received thereout, with the times when and from whom and for what 
 the same and each and every of them were respectively received or 
 might have been received. 
 
 2d. Set forth in manner aforesaid a full, true, and particular ac- j^g to j„o„. 
 count of all and every sums and sum of money paid, laid out, expend- eya laid out 
 ed, disbursed, or allowed for repairs, taxes, and other outgoings in &c. 
 respect of the estates or otherwise, to, for, or on account of the plain- 
 tiffs or any of them by the late defendant R. B. in his lifetime, and 
 you the now defendant R. B. since his death, or by any other person 
 or persons by your or either of your order or on your or either of 
 your account, with the times when and by and to whom and for what 
 the same and each and every of them were so paid, laid out, expended, 
 disbursed, or allowed. 
 
 3d. Set forth in manner aforesaid a full, true, and particular 
 
» 
 
 860 EQUITY PRECEDENTS. 
 
 CH. XIII. account of all such parts of the said' estates as were at any time or 
 As to what times sold since the death of the said J. B. the mother of the said 
 parts of the plaintiffs, with the times when and to whom and for what prices 
 have been respectively the same and every part> thereof were or was sold, and 
 sold; and ^^^^ ^^ account of all and every sums and sum of money arisen from 
 
 the moneys •' _ . . 
 
 received such sales or sale received by or paid to the account of or in any 
 
 ererom; ^.^^ come to the hands of the said late defendant E. B. or to the 
 
 hands of his bankers or any other person or persons by his order Or 
 
 for his use, with the times when and from whom and for what all and 
 
 Also as to every such sums and sum of money were or was received or paid ; 
 
 ber ha™" ^^^ ^^^° ^ ^"^'' *'^™®' ^^^ particular account of all timber which hath 
 
 been cut been cut down in or upon all or any part or parts of the said estates 
 
 on what of the said plaintiffs Viscountess S. and C. C. at any time or times 
 
 grounds, since the death of the said J. B. their mother, with the times when, 
 the value . ' , 
 
 thereof, and the names of the particular woods, fields, grounds, or places in 
 
 whom sold 'which the same were cut, and the number of trees from time to time 
 
 and the go cut, and the prices or value thereof respectively, and to whom the 
 
 oeived on same were sold, and by whom the same Were cut down respectively 
 
 th°°eof'or ^0™ ^^'^^ ^^ time ; and also a full, true, and particular account of all 
 
 •which and every sums and sum of money which at any time or times and 
 
 wilful de- when were received by or come to the hands of the said late defend- 
 
 fault might j^jjj jj_ £_ qj. ^jjy other person or persons by his order or. for his use 
 have been j r i. ^ ^ j 
 
 received, from such timber as aforesaid, or which without his own wilful default 
 might have been receivied, and from whom and for what all and every 
 such sums and sum of money were or was received. 
 As to the 4th. Set forth also in manner aforesaid a full,, true, and particular 
 the'estates rental of all and every the said estates of the plaintiffs, &c. in the 
 at the time several counties aforesaid as the same stood at the time of the death 
 cease of the of the said J. B. their mother, specifying therein the names of all 
 mothe*'^ and every the tenants and the yearly rents of each of the said estates 
 what in- at that time ; And also set forth all and every increase and advance of 
 been^made all and every or any of the rents of the said estates from time to 
 ™*^th^"'^' *'™® made, with the particular times or periods when and from which 
 times such increase or advance took place, so as to show what was the 
 
 tte^yeiS'y yearly amount of the rentals of the said estates in every year when 
 
 amount of jjy advancement or increase took place from the death of the said 
 
 the rentals •' , . . -, , . 
 
 of the es- J. B. at this time, save and except such increase or advance as may 
 
 tates. \isiYe been made by the plaintiffs in the rents of such of the said 
 
 estates as were delivered into their hands since their possession 
 
 thereof. 
 
 As to the 5th. Set forth in manner aforesaid, a full, true, and particular 
 
 wioodlands account of all the woods and woodlands parcel of the said estates, 
 
 and the .^yjtji the names and quantities or number of acres thereof respectively, 
 names and , , , i_ xi ■. . t , <. „ , 
 
 number of and the places wiiere the same are situate ; and also a full, true, and 
 
INTERROGATORIES. 361 
 
 particular account of all such lands and tenements parcel of the said CH. XIII. 
 estates as at any time or times were not let to any tenant or tenants, ; 
 
 £icr63 thcrs- 
 
 or were in hand or occupied by the said late defendant E. B. or any of; Also as 
 other person or .persons by his order or on his account, with the tates^v^hioh 
 names and quantities or number of acres and yearly value thereof, were from 
 respectively, and when and how long from time to time the same time on 
 were so unlet to any tenant or tenants, or were in hand or occupied ^""^ ?''^°°" 
 
 ■' . cupied by 
 
 by the said late defendant E. B. ; And set forth also in manner afore- the de- 
 said the names of the several manors belonging to the said estates, fei^dant. ^" 
 
 and in what particular counties the same are situate, with the natures :*^'^° ^^ '» 
 
 J. , .ITCH , . ™e names 
 
 and extents ot such manors respectively, and a luU, true, and partic- of the ma- 
 
 ular account of all quit rents; and of all fines, heriots, and other fo^gint'tg 
 
 uncertain profits belonging or arising from each of such manors the estates 
 
 respectively, with the yearly amounts thereof. desorip- 
 
 6th. Set forth in manner aforesaid the name or names and place or ''^''^ there- 
 
 '^ or, and of 
 
 places of abode of the steward or several stewards employed by the the quit 
 
 said late defendant E. B. from time to time in the collection of the ^^ beloifg- 
 
 rents and management of the said estates and each of them respect- '"S thereto. 
 
 ively, from the time of the death of the said J. B. down to the time names of 
 
 when possession of any of the said estates was taken by the plaintiffs, ards^etn " 
 
 and down to the time of his own death as to such of the said estates ployed by 
 
 as he continued in possession of to that time. ed defend- 
 
 7th. Set forth in manner aforesaid a true and particular schedule ™}, '° .*''® „ 
 
 '^ collection of 
 
 of the accounts of all and every the stewards and agents of the said the rents 
 
 estates respectively from the time of the death of the said J. B. down agementof 
 
 to the time when the possession of any of the said estates was deliv- t^e estates. 
 
 ered into the possession of the plaintiffs, and down to this time as to required of 
 
 such of them as the said late defendant continued in possession or gountTof 
 
 until his death and which are now in your possession ; and also a true the stew- 
 
 and particular schedule of all the surveys, field-books, maps, plans, agents of 
 
 counterparts of leases, rentals, particular books and papers of accounts, ^igo^o/''^^' 
 
 minutes, entries, agreements, and- memorandums, kept by all or any of surveys, 
 
 the said stewards or agents of or concerning the said estates or any of taiT^ico!"' 
 
 them, or the rents, profits, or management thereof, and whether any kept by 
 
 . . iii.p . them; and 
 
 such have at any time or times to your knowledge, information, or whether 
 
 belief, been torn, burnt, or destroyed, and when and by whom ; or beL'^d J-* 
 
 whether you have ever seen or heard of any such, which are or is not stroyed and 
 
 now forthcoming, and what is become thereof according to the best of 
 
 your knowledge, information, and belief. 
 
 8th. Set forth also in manner aforesaid, a full and particular sched- Schedule 
 
 ule and description of all and every or any books or book of account, and de- 
 
 1 1 • /. T ■ soription 
 
 memorandums, agreements, declarations ot trust, letters, minutes, en- required of 
 
 tries, or other papers at any time or times kept by the late said ^JJ^^"" ^^ 
 
 defendant E. B. of or concerning his receipts, payments, or transac- olarations 
 
 31 
 
362 EQUITY PRECEDENTS. 
 
 CH. XIII. tions for or upon account of the plaintiffs Viscountess S., &c. or all or 
 of trust let- ^"7 of ^^^^i" estates, or the plaintiffs Lord S., &c. or in any wise con- 
 ters, &c. cerning the said estates or any of them ; and whether to your knowl- 
 deceased ^ edge, information, or belief, any such books or book of account, 
 defendant memorandums, minutes, declarations of trust, letters, entries, or pa- 
 
 of his re- ' ' i i. 
 
 ceipts, pay- pers, have at any time been torn, -burnt, or destroyed, or whether you 
 transac"'^ have ever seen or heard of any such which are or is not now forth- 
 
 tions for or coming, and if so, what is become thereof according to the best of 
 on account ,,,.,. . t , v ^ 
 
 of the your knowledge, information, and beuet. 
 
 Srltesfand 9th. Set forth in manner aforesaid a full, true, and particular 
 
 whether account Qf all and every the manors, messuages, lands, tenements, 
 
 heen de- and hereditaments, which are comprised in the indentures of, &c. in 
 
 stroyed and jjjg pleadings mentioned, and in the indenture of, &c. in the plead- 
 
 An ficcount ings also mentioned, and in each and every of them ; And also set 
 
 of'^aiUhe forth a full, true, and particular account and rental of all such of the 
 
 manors, g^jij manors, &c. as now remain unsold, specifyina; therein the names 
 
 &c. com- „ , , , ' f J b 
 
 prised in of all and every the tenants or tenant or occupiers, and the names 
 dee(fs"and ^""^ quantities or number of acres of the tields and lands occupied 
 a rental of by each tenant. 
 
 main uu- 10th. Set forth in manner aforesaid a true and particular schedule 
 
 s°V d 1 of all title deeds and writings, and other deeds, instruments, evidences, 
 
 required of and writings relating to the said estates of the said Viscountess S., &c. 
 
 &o. rela- ^" the several counties aforesaid, or to any of them now in your custody 
 
 ting to the Qj. power, or which at any time or times have been in your custody or 
 
 question, power or in the custody or power of the said late defendant E. B., and 
 
 if any of the deeds and evidences relating to the said estates or any of 
 
 them were at any time or times in the custody or power of the said 
 
 late defendant R. B. or in your custody or power and are not now in 
 
 your custody or power, set forth in whose custody or power the same 
 
 now are or what is become thereof as you know, have heard, or for 
 
 any and what reason believe. 
 
 As to 11th. Do you not admit assets of the said late defendant R. B. 
 
 ^aminant^ sufficient to answer what on taking the aforesaid accounts shall 
 
 admits as- appear to have come to the hands of the said late defendant ? If 
 
 ep^D Ol trip 
 
 deceased not, Then set forth in manner aforesaid a full, true, and particular 
 
 s'^fficient' account of all and every the sums and sum of money, securities for 
 
 to answer money, arrears of rent, goods, chattels, personal estate and effects 
 
 appear'tcT whatsoever of or belonging to the said late defendant R. B. at the 
 
 have come time of his death, with the kinds, qualities, natures, true and real 
 
 to his 1 , /. 
 
 hands. • values thereof respectively, and also set forth a full, true, and partic- 
 ular account of all such parts thereof as have been possessed and 
 received by or which have come to the hands of you the said now 
 defendant R. B. as his executor, with the times when and how and 
 from whom you have possessed or received the same, and what part 
 or parts thereof, if any, now remain outstanding. 
 
INTERROGATORIES. 363 
 
 Interrogatories for the examination of executors before the Master. f^H. XIII. 
 
 Between L. M. - - - - Plaintiff, 
 and 
 E. C. and others, - - Defendants. 
 
 Interrogatories exhibited on behalf of the plaintiff, before J. S. 
 Esq., one of the Masters of this Honorable Court, to whom this cause 
 stands referred, for the examination of the defendants M. C. and A. 
 C. pursuant to the decree made on the hearing of this cause, bearing 
 date the day of . 
 
 1st. Whether or not was T. C. deceased, the testator in the plead- ^s to cer- 
 ings of this cause named, at the time of his death possessed of, enti- ulars of the 
 tied to, or interested in any books, pictures, china, household goods, perso'nalls- 
 and household furniture, and live or dead stock, or any and which tate, an in- 
 of such particulars ? If yea, Set forth a full, true, and particular schedule 
 inventory or schedule of such several articles, and the descriptions 'hereof re- 
 
 •' ' '■ quired to be 
 
 and true and utmost value of all such articles and effects at the time set forth; 
 
 of the death of the said testator, and how and by what means do you ^y,^ ^^^^^ ^f 
 
 ascertain the value thereof, or hath the value thereof been ascer- ^'1 sp<>h 
 
 tained by any and what persons or person, and whom by name, and and wheth- 
 
 whether or not are such several articles or any and which of them tJem^have 
 
 now in your or either of your possession or power, or what hath been sold, 
 
 become of the same, and have or hath or not you or either and which eys have 
 
 of you sold or otherwise and how disposed of the same or any and ^^?^ l^' 
 
 . •' ceived 
 
 which of them? Have you or hath either and which of you or therefrom 
 
 have any person or persons and who by name by your or either of j^g ^°,^^ 
 your order or for your or either of your use, possessed or received tave been 
 all or any and which of such several articles, or any and what sum and what 
 or sums of money from the sale and disposition thereof, and of any ^^'^'^^ ^^- 
 and which of them ? If yea. Set forth a full, true, and particular from the 
 account of aU such sum and sums of money, and of the times when ^nts. ' 
 the same were received, and of the purposes to which the same have 
 been applied, and of the amount or balance due from you and each 
 of you in respect thereof; Set forth the several matters inquired after 
 by this interrogatory, and all the particulars relating thereto, fully 
 and at large, according, &c. • 
 
 2d. Whether or no was the said testator T. C. at the time of his ^ther per^ 
 death possessed of, entitled to, or interested in any, and what goods, sonal prop- 
 chattels, personal estate, and effects, other than and besides the sev- which the 
 eral articles inquired after by the preceding interrogatory ? If yea, '^stator 
 Set forth a full, true, and particular account of all such personal tied, and 
 
364 EQUITY PRECEDENTS. 
 
 CH. XIII. estate and effects distinguishing the several particulars thereof; And 
 ^Q^ the whether or not have or hath you or either of you, or any and what 
 same has persons or person, by your or either of your order, or for your or 
 posed of. . either of your use, possessed or received all or any, and what part of 
 such last-mentioned personal estate and effects of the said testator T. 
 C, or any and what moneys produced from the sale and disposition 
 thereof, or of any and what part or parts thereof? If yea, Set forth a 
 full, true, and particular account of all such personal estate and 
 effects, and of all and every the sum or sums of money so possessed" 
 and received from the sale and disposition thereof, distinguishing the 
 several particulars thereof, together with the names of the persons or 
 person by whom the same and every part thereof were or was pos- 
 sessed and received, and what parts of such personal estate and 
 effects now remain in your, or either and which of your hands or 
 power, and what is the amount or balance due from you and each of 
 you in respect of the moneys so possessed or received, and all other 
 particulars relating thereto, fully and at large ? And whether or not 
 is any part of the said testator's personal estate and effects now out- 
 standing, and if so, in whose hands or power ? Declare, &c. 
 As to any 3d. Have or hath you or either of you, or any and what person or 
 laid'out bv Persons by your or either of your order, or for your or either of your 
 the exam- use, paid, laid out, expended, or allowed any sum or sums of money 
 payment of in or towards payment and satisfaction of the said testator's debts, 
 the testa- funeral and testamentary expenses or otherwise on account of the said 
 funeral and testator's personal estate ? If yea, Set forth a full, true, and partic- 
 tary^expen- "'^'^ account of all such Sum and sums of money so paid, laid out, 
 ses. . or expended, together with the times when, and the names of the per- 
 sons by and to whom and for what, the same and every part thereof 
 have or hath been so paid, laid out, expended, or allowed, and all the 
 particulars relating thereto fully and at large, according to the best 
 and utmost of your knowledge, remembrance, information, and be- 
 lief.* 
 As to what 4th. Have all the debts due and owing by the said testator T. C. 
 main un- ^^ ^^^ *i°^6 of his decease, and his funeral expenses been paid and 
 paid- satisfied, or do any and which of such debts now remain due and 
 
 owing ? And if so, To whom, and to what amount, and on what 
 security or securities ? Declare, &c. 
 
 ^art'Snto ^^^ °^ "°* *^^ s^i"^ testator P. C. at his death possessed of or in 
 of the testa- some manner interested in a messuage or tenement at H., in the 
 est in lease- county of M. ? If yea, Set forth the particulars of which the same 
 ises^ and^u consisted, and from whom, and under what lease or agreement and for 
 whose occu- what term, and at and by what yearly or other rent the same and 
 
INTEREO»ATORIBS. 365 
 
 every part thereof was holden by the said testator, and set forth also CH. XIII. 
 
 at what rent and other conditions and for what term of years you nation the 
 
 have since taken the same, and in whose occupation the same and J*"^ ^^"'^ 
 
 1 « , been since 
 
 every part thereof hatli been since the death of the said testator and his death, 
 
 now is, and at what rent or rents. rent?""'"'' 
 
 Whether or no have you or either and which of you, since the As to what 
 death of the said testator, possessed any and what property of the said specifically 
 testator which was specifically bequeathed by him, other than and ^equeathed 
 except such moieties as you have delivered to the specific legatees ? possessed 
 'If yea, Set forth a full, true, and particular inventory and account aminants ' 
 thereof, and of every part thereof, and all the particulars whereof besides 
 
 , T • /. ,1 , 1 such as has 
 
 the same consisted, and the quantities, qualities, full, real, and true been deiiv- 
 values of the said particulars, respectively. ^"^^ °^®'^' 
 
 "Whether or no are any and which of the annuitants in the said As to what 
 
 .11 11.. 11 11-1/11 .1 annuitants 
 
 testators will named living, and have any and which ot the said an- under a will 
 
 nuitants died since the death of the said testator, and when in particu- ""^V'Tcf 
 
 lar, and hath or have any and what sum or sums of money been paid have died 
 
 in discharge of any and which of their said annuities, and in particu- testator's 
 
 • lar in discharge of the annuities given for the charitable purposes in death, what 
 ° ° , *• sums have 
 
 the said will mentioned, and when and by whom, and have any and been paid 
 
 what fund or funds been set apart and in whose name or names, and ^'Ji^^gg ^f 
 
 in what manner to answer the same annuities, or any, and which of their annu- 
 
 ities, and 
 
 them ? Set forth, &c. what funds 
 
 have been 
 
 set apart to 
 
 ^ answer the 
 same. 
 
 Interrogatories for the further examination of executors, defendants, pursu- 
 ant to a decree. 
 
 Between S. H. and others, infants, by J. F their 
 
 next friend, - - - Complainants, 
 
 and 
 
 J. S. H. an infant, J. G., S. G., and 
 
 "W. B., - - - - Defendants. 
 
 Interrogatories exhibited on the behalf of the defendant J. S. H. 
 for the further examination of the defendants J. G. and S. G., pur- 
 suant to the decree made on the hearing of this cause, bearing date 
 
 the day of , before J. S. Esq., one of the Masters of 
 
 this Court,- to whom the said cause stands referred. 
 
 1st. Have any and what money, securities for money, book and j^^-^^ ^^^^ 
 other debts, goods, chattels, estate, and effects belonging to the per- eys and ef- 
 31* 
 
366 EQUITY PRECEDENTS. 
 
 CH. Xin. sonal estate of J. S. H. deceased, the testator in the pleadings of this 
 
 fectsTe^ cause named, at the time of his decease, or which have since accrued, 
 
 ceived on arisen, or become due on account of his business carried on by you 
 
 the busi- by virtue of his will or otherwise, been received by you or either and 
 
 on^by*™^ which of you, or come to' your or either and which of your hands, 
 
 examinants custody, possession, or power, or to the hands, custody, possession, or 
 
 onhe will power of any other person or persons by your or either of your order, 
 
 since the ^j. fjjj, your OX either of vour use since the time of and other than 
 former ex- ■' •' . . . , „ 
 
 amination. and besides what is set forth in, your last exammation put in before 
 
 the said Master? Set forth a full and ■ particular account of all and 
 
 singular such money, securities for money, book and other debts, 
 
 goods, chattels, estate, and effects, and when and by whom and from 
 
 whom and on what particular account the same arid each and every 
 
 part thereof were ur was received. 
 
 As to the 2d. Have you or either and which of you paid any and what 
 
 inomred^in ^^m or sums of money, or been at any and what expense or expenses 
 
 the execu- j^ gmj about your executorship or in and about the management 
 
 the man- and conduct of the business of the said testator J. S. H. either by 
 
 theTes"a-° yourselves or by any person or persons appointed or authorized by 
 
 tor's busi- you to manage and conduct the same business since your former 
 ness since "^ .... - , .-, ^r .' i . , , 
 
 the former exammation put in before the said Master m this cause, other than 
 
 tion"'°^ and besides what are set forth in your former examination ? Set forth 
 
 the particulars of all such payments and expenses, and when and by 
 
 whom and to whom paid and on what account ; Were the same and 
 
 every of them just debts and necessary expenses ? Declare according 
 
 to the best of your and each of your several and respective knowledge 
 
 and belief. 
 
 As to any 3(J. Are there any parts of the goods, chattels, moneys, securities 
 
 ing person- for money debts, estates or effects either specific or pecuniary of or 
 
 .al estate, belonging to the estate of the said testator J. S. H. deceased, at the 
 
 debts, and . 
 
 effects, par- time of his death, or which have accrued or become due since his 
 tlTcertain^' death, now outstanding unreceived or now remaining in your hands 
 specific undisposed of and unaccounted for, and particularly a five guinea 
 piece, a silver pencil-case, sundry medals and small pieces of silver 
 coin and other things ? Have any and what means or endeavors 
 been used by you or either and which of you or by your order to 
 collect or get in such outstanding debts and effects, and when and 
 in what manner ? Have any or either and which of the persons 
 owing such debts or sums of money to the said testator's estate, 
 declined or refused to pay the same and for what reasons ? Declare 
 the truth of the several matters inquired after by this interrogatory, 
 according to the best of your knowledge, remembrance, and belief. 
 
INTERROGATORIES. 367 
 
 CH. xni. 
 
 Interrogatories for the examination of witnesses before the Master as to 
 a testator's real estates, and the title-deeds belonging thereto. 
 
 Between T. H. and S. his wife, Complainants, 
 and 
 H. J. and others, - - Defendants. 
 
 Interrogatories exhibited on behalf of the said complainants, 
 before A. P. Esq. one, &c. [the usual title] for the examination of 
 witnesses. 
 
 1st. "Whether or no as you for any and what reason know or believe i. As to the 
 
 was A. B. the testator in the pleadings of this cause named at the toVhioh ^' 
 
 time of his death seised of or otherwise and how entitled to or in *^ testator 
 
 was enti- 
 any and what manner interested in any and what freehold and copy- tied, and 
 
 hold estates, and in particular had he any and what interest in a cer- est/na^par- 
 
 tain estate called P. in the parish of K. in the county of M. ? Set ticular 
 
 estate. 
 forth a full, true, and just description and particular of all and every 
 
 the freehold or copyhold estates which the said testator was seised of 
 or entitled to or interested in at the time of his death, and where the 
 same and every part thereof is situate, and in whose tenure or occu- 
 pation the same and every part thereof then was or since has been 
 and now is respectively. Set forth, &c. 
 
 2d. Have you or had you at any time and when last in your cus- 2. As to the 
 tody or power any deeds or deed, instruments or instrument, papers *eiating'^^ 
 or paper -writings or writing belonging or in any manner relating to thereto; 
 any and what freehold or copyhold estate which the said testator was 
 seised of or entitled to or interested in at the time of his death, and 
 in particular relating to the said estate called P., or to a certain mes- 
 suage, lands, and premises situate in the said parish of B. in the said 
 county of M. called L., in the occupation of t). H., or to another 
 messuage, lands, and premises in the said parish of B. called T. P., 
 in the occupation of the said D. H., or to another messuage, lands 
 and premises called C. P. situate in the parish of M. in the said 
 county, in the occupation of J. J. ? Set forth a list or schedule of Schedule 
 all and every such deeds or deed, instruments or instrument, papers qu'jredtobe 
 or paper-writings or writing, and set forth what is become of such set forth. 
 thereof as were but are not now in your custody or power, and set 
 forth also whether any person or persons and who in particular as you 
 know or for any and what reason believe has or have now or has or 
 have at any time and when had in his, her, or their custody or power 
 any and what deeds or deed, instruments or instrument, papers or 
 paper-writings or writing belonging or in any manner relating to the 
 said freehold and copyhold estates of the said testator, or any and what 
 part thereof. 
 
368 EQUITY PRECEDENTS. 
 
 CH. Xin. As to what the property of a lunatic consists, also as to the rents received 
 ' — and the application thereof, the repairs done to the estates and what land- 
 tax has been redeemed. 
 
 1st. Of what did the property of the said lunatic consist at the 
 death of his father, and of what doth it now consist, and what part of 
 it did then and doth now consist of personal property ? And set forth 
 a full, true, and just rental and particular of the real estate to which 
 the lunatic became entitled at the death of his father, and the nature,' 
 quantities, and qualities thereof, and where the same and every part 
 thereof is situate, and the yearly value of each particular thereof, and 
 in whose tenure and occupation the same and every part thereof was 
 at the death of the father of the said lunatic, and since has been, and 
 now is, and under what yearly or other rent or rents, and for what 
 term or terms of years, and whether at full rack-rent, or how other- 
 wise. 
 
 2d. Have not you, or some person or persons, and who by your 
 order or to your use since the death of the father of the said lunatic, 
 been in possession or receipt of the rents and profits of the real estates 
 to which the said lunatic became entitled at the death of his father, 
 or of some and what part thereof? If yea, Set forth a full, true, and 
 particular account of all and every sum and sums of money which 
 hath and have been received by you or by any person or persons by 
 your order, or to your use, for or in respect of the rents and profits 
 of the said estates, or any part thereof which have become due since 
 the death of the father of the said lunatic, and when and by whom 
 and from whom and for what rent, and of what part of the said 
 estates and when due all and every such sums were respectively 
 received ; And set forth also a full, true, and particular account of 
 the manner in which such rents and profits have been applied or dis- 
 posed of by you in each year, particularly distinguishing how much 
 thereof hath in each year been applied for the maintenance and pro- 
 vision of the lunatic and how much thereof for repairs and other out- 
 goings. 
 
 3d. Were the repairs which have been so done to the said estates 
 been done by you by the advice of any surveyor or builder, and 
 whom, and were the same necessary and such as the tenants of the 
 said several premises had a right to require from their landlord ? If so, 
 why ? And was the father of the said lunatic at the same average 
 expenses for repairs in his lifetime as you have incurred since his 
 death ? And if not, why ? And whether or no is it a prudent course 
 of management to let the said estates upon such terms that the ten- 
 ants have a right to require such repairs, and might not the same 
 have been let on repairing leases or otherwise upon terms more ad- 
 
1NTBKK06AT0RIES. 369 
 
 vantageous to the landlord ? And would you have let the said estates CH. XIII. 
 upon such terms and have done the said repairs thereto if the said ~ 
 estates had been your own property ? And have you not redeemed 
 the land-tax on some and what part of the said estates, and for what 
 reason? 
 
 Interrogatories for the examination of mortgages in possession. 
 Between, &c. 
 Interrogatories exhibited, &c. {Before the Master.) 
 
 1st. Whether or no is or are there any and what sum or sums of As to what 
 money due and owning to you, or any or either and which of you for '* .''"? ^°^ 
 principal or interest on the mortgaged premises in the pleadings in and inter- 
 this cause mentioned ? If yea. Set forth how much is due for prin- ^* ' 
 cipal and how much for interest, and the particulars thereof respec- 
 tively, and how you make out or compute the same. Set forth, &c. 
 
 2d. Have you or either and which of you, or any other person How long 
 or persons, and who by your or either and which of your order, or for "''' exami- 
 
 . , 1 1 ■ 1 ^ n ■ -, nants have 
 
 your or either and which or your use, been tor any time and how long been in re- 
 in possession orVeceipt of the rents and proiits of the said mortgaged rents and^^ 
 premises, or of any and what part thereof? If yea. Set forth a full, profits of 
 true, and just rental and particular thereof and where the same and es, and 
 every part thereof is situate, and the yearly value of each particular T"^^^ ^^^ 
 thereof, and in whose tenure and occupation the same and every part ceived on 
 is and hath been during the time of such possession, and under what thereof. 
 yearly or other rent or rents. And set forth also a full, true, and par- 
 ticular account of all and every sum and sums of money which hath 
 and have been received, or but for your or some, or one, and which 
 of your wilful default or neglect might have been received by you, 
 or some, or one and which of you, or by any other person or persons, 
 and whom by your or some or one and which of your order or for 
 your or some or one, and which of your use, for or in respect of the 
 rents and profits of the said mortgaged premises or any part thereof, 
 and when and by whom and from whom, and for what rent, and of 
 what part of the said mortgaged premises, and when due all and every 
 such suras were respectively received or might have been received. 
 Set forth, &c. 
 
370 EQUITY PRECEDENTS. 
 
 CH. Xin. Interrogatories for the examination of a mortgagee of an estate in the West 
 
 Indies. 
 
 Between W. D. Q. and J. G., - Plaintiffs, 
 and 
 TV. B., W. A., J. J., G. B., and 
 W. L., - - - Defendants. 
 
 Interrogatories exhibited by the plaintiffs and the defendants J. J. 
 and W. L. before Sir W. W., bart., one, &c. 
 
 As to the 1st. Is there or not any sum of money due and owing to you for 
 aie°D "'c°- principal or interest on the mortgages in the pleadings in this cause 
 pal and in- mentioned and in the decree in this cause particularly specified ? If 
 on the y^^') Set forth how much is due to you for principal and how much 
 securities, for interest, and the particulars thereof respectively, and how you 
 make out or compute the same. Set forth the matters in this in- 
 terrogatory inquired after according to the best of your knowledge, 
 remembrance, information, and belief; distinguish whether you set 
 forth the same from your own knowledge or from any and what 
 written book, document, or account, or from the information of any 
 other person or persons, and if from the information of any other 
 person or persons set forth the name or names of such person or 
 persons and the time when you received such information ; and if 
 according to your belief only, set forth how and from whom in what 
 manner and when you received the information on which you form 
 your belief and all the grounds and reasons for such your belief, fully 
 and at large. 
 
 As to what 2d. Have you laid out or expended any sum or sums of money in 
 
 moneys .... 
 
 have been necessary repairs or lastmg improvements upon the estates and 
 
 necessary Premises in the island of J. comprised in the indentures of mortgage 
 repairs or in the decree in this cause particularly mentioned ? If yea, set 
 prove- "° forth what sum or sums of money you so laid out or expended, and 
 ments. for what repairs or lasting improvements, and when, where, by whom 
 and to whom particularly such sum or sums of money and every of 
 them respectively was or were paid, laid out, or expended ; And set 
 forth and distinguish how much of such sum and sums of money 
 bath been laid out or expended in necessary repairs, and how much 
 in lasting improvements ; Set forth the matters in this interrogatory 
 inquired of you according to the best of your knowledge, remem- 
 brance, information, and belief; distinguish whether you set forth 
 the same from your own knowledge or, &c. ( Conclude as in the Jirst 
 interroffatory.) 
 As to what 3d. Set forth a full, true, and particular account of the rents, pro- 
 
the exam- 
 inant. 
 
 INTERROGATORIES. 371 
 
 duce, and profits of the estates and premises comprised in the mort- CH. Xin. 
 
 gages in the decree in this cause mentioned, received by you or by ^^TT 
 
 any other person or persons by your order or for your use, or which been or 
 
 without your wilful default might have been received thereout, and wilfuTde-'^ 
 
 when, where, and at what times respectively and by whom and from f"^"'' "'Sl^' 
 
 , .. , , - nave been 
 
 Whom respectively such rents, produce, and profits and every part received by 
 
 thereof have and hath and might have been received, and why and 
 for what reason or reasons any and what part and parts of such rents, 
 produce, and profits have or hath not been received; Set forth 
 the matters in this interrogatory inquired of you according to the 
 best and utmost of your knowledge, remembrance, information, and 
 belief; distinguish whether, &c. {Conclude as in the first interroga- 
 tory^ 
 
 4th. Whether or no did you or any person for your use or on your As to the 
 account under color of the writ of assistance in the decree in this taiTgn^ og. 
 cause mentioned, enter upon and take possession of any estates and session of 
 premises the property of or belonging to the plaintiffs or those under aminant^" 
 
 whom they claim which were not comprised in the said several ^"!l^''/ 
 
 . . ^ -writ of as- 
 
 mortgages m the said decree mentioned or any or either of them ? sistance, 
 
 If yea, Set forth what estate or estates or premises you or any per- rei?t3*re- 
 son for your use or on your account so took possession, and the oeived 
 nature, quantity, and quality thereof and the particulars thereof and 
 of every part thereof; And also set forth a full, true, and particular 
 account of the rents, produce, issues, and profits of the said estates 
 and premises in this interrogatory inquired after received by you or 
 by any other person or persons by your order or for your use, or 
 which without your wilful default might have been received there- 
 out ; and distinguish the same from the rents and profits of the 
 estates and premises comprised in the said several mortgages, and 
 set forth when and at what time and times particularly and by whom 
 such rents, produce, issues, and profits as by this interrogatory are 
 inquired after have or hath been or might have been received, and 
 why and for what reason or reasons any and what parts or part of 
 such rents, produce, issues, and profits have or hath not been received ; 
 Set forth the matters, &c. ; Distinguish, &c. 
 
 5th. Have you expended any sum or sums of money in lasting As to what 
 improvements upon the estates and premises in the preceding inter- ^"^f laid^ 
 rogatory inquired after, being the estates and premises not comprised put in last- 
 in the mortgages in the decree in this cause mentioned ? If yea. Set proved' 
 forth what sum or sums of money you so expended and for what ^^"'\°? 
 lasting improvements, and when, where, by whom, and to whom par- last men- 
 ticularly such sum or sums of money and every of them respectively '°°^ ' 
 was or were paid, laid out, or expended ; Set forth the matters, &c. ; 
 Distinguish, &c. 
 
 6th. Has it not been the constant and invariable usage for your To prove at 
 
372 EQUITY PRECEDENTS. 
 
 CH. XIII. agents or managers of your estates in the West Indies to transmit 
 
 what times accounts every year or at any and what othar stated or uncertain 
 
 the agents periods of all the sugars, rum, and other produce arising from the 
 or his own ' ,. . , . . t i i ^i 
 
 estates estates m the pleadings m this cause mentioned, and how the same 
 
 ted"th^ir' ^^^^ ^^^^ disposed of? Were not such books annually or at some 
 
 accounts of and what other stated or uncertain periods examined and the accounts 
 
 duce of the therein contained signed or allowed by you as settled accounts or by 
 
 estates in gome and what person or persons duly or in some and what manner 
 
 at what authorized by you to settle and sign such accounts or to act on your 
 
 accounts behalf? Do not such accounts contain an account of all the produce 
 
 ■"®^^ T' fl arising from the estate in the pleadings mentioned, and how the same 
 
 settled; from time to time have been disposed of for the whole of the time 
 
 tte^same since the same were taken possession of under the writ of assistance 
 
 contain an to the present time or for any and what part of such time ; and if not 
 
 all the pro- for the whole of such period, Set forth from what time the accounts 
 
 estate" '"* °^ *^® produce of the estates in question in this cause have been 
 
 question, omitted to be included in the accounts returned to you or your agents 
 
 application 'n England of the produce of your other estates in the West Indies, 
 
 thereof g^jj^j ^jjy g^j,^ f^j. ^hat reason the same were so omitted ? Have all and 
 
 since the ■' 
 
 examinant each' and every of such signed accounts been produced and left with 
 
 session"-^' the Master to whom this cause stands referred, and if not why? 
 
 and wheth- Answer fully and distinctly the several matters inquired after by this 
 er such ac- . .■,-,...,„ 
 
 counts interrogatory ; And distinguish, &c. 
 
 Mrwitlf" Set forth a true and accurate account of the names of the mana- 
 the Master, gers of the estates in the pleadings mentioned, in the West Indies, 
 names of ^""^ °^ ^^® consignee or consignees of the produce thereof in England 
 the mana- from the time the same were taken possession of as aforesaid to the 
 estates in present time, and from what time and up to what time each and every 
 question, ^f g^gjj persons were manager or managers, or consignee or consig- 
 nees ; Set forth the particulars inquired after by this interrogatory 
 according to the best of your knowledge, information, and belief. 
 As to the 8th. What number of negroes or slaves was there on the estates in 
 negroes or ^^^ pleadings in this cause mentioned at the time you took posses- 
 slaves on sion thereof under the writ of assistance in the said pleadinsrs men- 
 
 the estates ^ ri r o 
 
 in question tioned ? Set forth a list or schedule thereof with the names of each 
 
 the'exam"* and every of such negroes or slaves, and of the issue and increase 
 
 inant took thereof existing at the time or since produced after you had so taken 
 
 underThe possession of the said estates ; Were or were not some and which of 
 
 ^stlnce^" ®"*''^ negroes or slaves removed at some and what time or times oflf 
 
 and of the and from the said estates to some and what other estates belonging to 
 
 increase 7°^ ™ Jamaica, or to some and what other place or places ? If yea, 
 
 thereof, and Which of such slaves were so removed ? Set forth the particulars and . 
 
 whether /■ i i i . i 
 
 any have names ot such slaves which were so removed and of the issue and in- 
 
 movecTto ^^^^^^ thereof, and when they were respectively so removed and what 
 any other became of them, and how they and each and every of them and their 
 
INTBKKOGATOEIES. 373 
 
 issue and increase were disposed of; were any and which of such CH. XIII. 
 
 negroes, or of the issue and increase thereof sold, and when and to estates and 
 
 whom, and for what price or prices ? Set forth, &c. ■ Iiow dis- 
 
 posed of, 
 whether 
 
 any were- 
 
 sold and at 
 
 Interrogatories for the examination of a mortgagee of a West India estate, ^'^g ' P"' 
 
 1st. Whether or no on the sale of the plantation and estate by you To prove 
 
 to H. G: for which the said sum of $ — '— was the consideration crop on the 
 
 or purchase-money, was the crop then on the said plantation or estate plantation 
 or any and what part thereof comprised in the said sale and in the said the exami- 
 
 purchase-money of $ ? If yea", whether or no have or has any "h^g^tatg 
 
 persons or person and who, applied or converted any and what part was com- 
 of the crop so sold to your use, and when and to what, amount as you therewith 
 for any and what reason know or believe ? '"d'thTfl' 
 
 2d. Whether or no have you in pursuance of the agreement or arti- same has 
 cles of sale between you and the said H. G. made the said plantation verted to" 
 and other premises comprised in such agreement or articles, free and '•'^ '"^^ 
 clear of and from all estates, rights royal, and other duties, particu- j^g ^g 
 larly the duties if any, payable to the King of Denmark in respect of whether 
 the said plantation and premises on the sale and transfer thereof or nanthas" 
 otherwise howsoever, and of and from all other duties, claims and estate from 
 incumbrances ? Do the said plantatiop and other premises or any all duties 
 and which of them now remain subject or liable to any and what thereon on 
 duties, claims, or incumbrances, contrary to the effect of the said 'jj^ ^^l® 
 agreement ? and from_ 
 
 3d. Whether or no had you any security or securities for the pay- cumbran- ' 
 
 ment of the said principal sum of $ and the interest thereon ''^^■ 
 
 or any part thereof other than the said bond of the said testator T. B. ^hetlier^ 
 and the covenant of the said H. G. and the mortgage or security of t''" '^^^™'" 
 the said plantation or estate ? If yea. Set forth the particulars of all any other 
 and every such securities and the value and amount thereof and what btsMes'th& 
 is now due thereon, and from whom respectively. ■ testator's 
 
 4th. Whether or no have you in any and what manner and when, t^e mort- 
 
 resorted for payment of any and what part of the said sum of $ gage of the 
 
 and the' interest thereof or of any and what part thereof to any and xo prove 
 what other security other than the said bond of the said testator whatseour- 
 T. B., and if not, why ? And whether if you had used due and gJe resort- 
 reasonable diligence could not the payment of some and what part .of "'^ '" ^°l 
 
 the said principal sum of $ , or some and what part of the of his mon-- 
 
 interest thereof have been in some and what manner enforced from ^liether if 
 
 some and which other of your securities other than the said bond ? he had used 
 , ■' due dui- 
 
 gence the payment thereof could not have been enforced ou his other securities besides the bond. 
 
 32 
 
374 • EQUITY PRECEDENTS. 
 
 CH. XIII. . Interrogatories relating to partnership matters. 
 
 Between, &c. 
 
 Interrogatories to be, &c. 
 
 As to part- 1st. Set forth a full, true and particular account of all and every 
 monej^ re- ^^^ Sum and sums of money received by you, or by any -person or 
 ceived. persons, by the order or for the use of you and G. B. deceased, in 
 the pleadings mentioned, or either of you on account of the copart- 
 nership trade carried on by the said G. B. and the said R. B., and 
 after the decease of the said G. B., by. you the said R. B., as in the 
 pleadings mentioned, and when and from whom and to whom and by 
 whom and on what account the same have been received and paid ; 
 Declare the truth, &c. 
 
 As to what. 2d. Have you or not at any and what time or times since the 
 
 liave been day of , drawn any sum or sums of money out of the trade which 
 
 b'^^the e"' ^'^^ ®° Carried on by you and the said G. B. and afterwards by you 
 aminant for alone for any other purpose than for the purposes of such trade ? If 
 tfian part- yea, Set forth a full, true, and particular account of all and every such 
 nership g^jjj ^^^ 'sums of money, and when the same were drawn out by you 
 and in what respectively ;. And have you or not placed out or applied any and 
 any part which of such sums of money at interest or in the purchase of gov- 
 
 thereof has ernment or other, and what stocks and funds, or in any and what other 
 beeninvest- ' „ , i , i t:- n 
 
 ed; manner so as to make any profit or advantage thereby : It yea, oet 
 
 forth how and in what manner, and in what stocks, funds, or how 
 
 otherwise, you have applied each and every of such sums and sum of 
 
 money, and all and every the sum and sums of money which you 
 
 have received as the interest or dividends thereof or otherwise on 
 
 account or by means thereof ; Declare, &c. , 
 
 As to the 3d. Set forth a full, true, and particular account of the stock in 
 
 of the'part- trade, outstanding debts, and other property and effects which belong 
 
 nership jq ^jjg g^;^ trade or business which was carried on by you and the 
 
 trade and said G. B. as in the pleadings mentioned, and which has since been 
 
 what 'ciebts carried on by you, and all the particulars whereof the same consisted, 
 
 fll'^^l°'^ and the natures, kinds, quantities, qualities, full, true, and utmost 
 
 ihip ao- value thereof; and in case the same or any of them are not now in 
 
 your possession or power, set forth in whose possession or power the 
 
 same are ; and set forth an account of the debts which are justly due 
 
 and owing on account of such concerned, and to whom and for what 
 
 the same are due -and owing; Declare, &c. 
 
 As to the 4th. Set forth a full, true, and particular account of the gains and 
 
 profits profits which have been made since the day of' , in the 
 
 the part- 
 ners, 
 count. 
 
INTEEEOGATORIES. 375 
 
 said trade or business which was so carried on by you and the said CH. XUI. 
 
 G. B. and afterwards by you alone, and by means of the moneys made dur- 
 
 which you have received on account thereof, and how and in what '"S ^^'^ 
 
 , -^ -, r. Since the 
 
 manner you compute the same ; Declare, &c. partner- 
 
 ship. 
 
 1st. Whether or no were you acquainted with C. H. late of To prove 
 
 but now deceased, and for how long did you know him before his ence^of a 
 death, and when and about what time did he die ? Whether or no partnership 
 
 did the said at any time and when take as a partner terms 
 
 with him in any and what business ? If yea. What were the terms ^'i^^^o^' jj 
 
 of such partnership, and what proportion or share was the said continued, 
 
 to have therein, and for how long did such partnership continue, and -nrhat terms 
 when and for what reason was the same determined or dissolved and '' ,^^ '^'^" 
 
 solved, and 
 
 upon what terms, and whether or no have you at any time or times as to any 
 
 respectively heard the said make any and what declaration or (jo^g ^ade 
 
 declarations respecting the said copartnership or the terms or condi- relative 
 tions thereof or the commencement or dissolution thereof ? " Set ^^ ' ^ 
 forth, &c. the admis- 
 
 2d. Whether or no were you at Christmas and for how person into 
 
 lonar before in any and what manner employed by the late in P'lrtnersliip 
 
 ° ^ ... . r J J and m what 
 
 the carrying on of his paving business ? Whether or no did the said names bills 
 
 at Christmas or at any other time and when take any ceipts were 
 
 partner and whom in his said business, and for how lofis did such afterwards 
 partnership contmue, and m what name or names were the bills j„ prove 
 made out from that time to the persons for whom such business was whether af- 
 done ? And whether or no were you at any time and when after ular period, 
 
 Christmas ^ employed and by whom and by whose directions in ^ P^poi 
 
 the making out or delivering of such bills, or in the receipt of moneys to carry on ' 
 for the same, and in whose name or names were receipts for such fg^ej in'ti^e 
 moneys given ? Set forth, &c. business, 
 
 3d. Whether or no did the said in any and what manner whom it 
 
 and when and for how long time after Christmas continue to ^^an^"^ 
 
 carry on the paving business in which he had been concerned or in hovv bills 
 any and what manner to interfere therein or in any part thereof, or ceipts were 
 by whom was the said paving business and every part thereof, and^^g®J"^'' 
 particularly the business of the government boards done and per- prove aval- 
 formed from . Christmas until the death of the said , made of 
 
 and in whose name or names were the bills made out from that time "l^ ^^"^ 
 
 Or C3.rtSf 
 
 to the persons for whom such business was done ? And whether or horses, &o. 
 
 no were you at any time and when after Christmas employed, f™the'Iiusi- 
 
 and by whom and by whose directions in the making out or deliver- "^^fi a°? , 
 
 •' •' .J, ,, -, . under what 
 
 ing of such bills or in the receipts of moneys for the same, and in agreement. 
 
 whose name or names were receipts for such moneys given ? And 
 
376 EQUITY PRECEDENTS. 
 
 CH. xnr. whether or no in or about Christmas or at any other time and 
 
 To prove when were the stock of carts, horses, barges, and other property 
 ■who were employed in the said paving business or any part thereof valued by 
 employed "^ ji oai-j? i. j. 
 
 during par- any person or persons and whom f And if yea, upon what occasion 
 
 tisuiar ^jj gugjj valuation take place and under what agreement and at what 
 
 years in ^ ^ *^ 
 
 paving oer- prices ? Declare, &c. 
 
 and to'^^^ ^' ^^^- Whether or no were r- and the said or either and 
 
 whom the which' of them in or about the years or employed in 
 
 profits were , . « , , , , , . , 
 
 to belong, the paving oi ana any other and what street or places in the 
 
 anvdecla- ^''^ °^ ^'^' ^^ 7^^' "^^ whom were the profits of such particular 
 
 rations paving business to belong as you for any and what reason know or 
 
 tive there- believe, and did you at any time or times and when hear the said 
 
 *°- make any and what declaration' or declarations respecting 
 
 paTeThfp the same? Declare, &c. 
 
 entered in- 5th. Whether or no did you the defendant I. C. and R. C. now 
 
 ral trades, deceased, or either and which of you &t any time or times and when 
 
 the shares respectively enter into copartnership with the bankrupt' T. C. in the 
 
 ties inter- pleadings of this cause ■ respectively named, in the several trades or 
 
 whom tL businesses of or in any and which of such trades . or busi- 
 
 capital was nesses ? And if yea. In what shares and proportions were you the 
 
 provided, ■ , -r r\ ii ■n-r«'/-l 11 ■!. .1 
 
 and the said 1. (J. and the said K. 0. and the said bankrupt respectively 
 
 agreements interested in such trades and every of them, and what was the capi- 
 
 tive there- tal employed in such trades or businesses or every of them, and by 
 
 the partner- whom was the same provided, and what were the conditions and 
 
 ship mon- agreements between you in each and every of such trades with 
 
 whom respect to the providing of capital and the bringing into and taking 
 
 providld at o"* moneys from the safd trades and to whom did the buildings, 
 
 the com- stock, and utensils, in each and every such trade belong at the com- 
 
 6f the part- mencement thereof, or by whom were the same provided, and what 
 
 nership ; an ^^^g jj^g^, agreed between you with respect thereto ? And set forth 
 
 account re- ^ *^ , . '■ 
 
 quired of the particulars of all such buildings, stock and utensils, and the full, 
 
 nership*" ^rue, and utmost value thereof, and of every part thereof, and what 
 
 stock and hath since become thereof ? Declare, &c. 
 
 the value 
 thereof. 
 
 Interrogatories as to the sale of a ship, the moneys received for freight, and 
 the sums expended for seamen's wages and the ship's disbursements. 
 
 Between H. D. - - - - - Plaintiff, 
 and 
 G. B. Defendant. 
 
 Interrogatories exhibited on behalf, &c. (usual title before a Mas- 
 ter.) 
 
 1st. Whether or no is the ship called the Sir E. H. in the plead- 
 
INTERROGATORIES. 377 
 
 ings of this cause mentioned sold ? If yea, When and where and by CH. XIII. 
 whom and to whom and at what price was the same so sold ; and XTtothT" 
 have you or hath or have any other person or persons and who by, sale of the 
 your "order or to your use or by the order or to the use of any other the moneys 
 person or persons and whom at any time or times and when respec- ^i^ereb'v'^ 
 tively received the said purchase-money or any and what part thereof, 
 or for what reason doth the same or any and what part thereof now 
 remain unreceived and what hath become thereof, and if the said ship 
 be not sold, for what reason does the same remain unsold ? 
 
 2d. Whether or no have you or hath or have any other person or As to the 
 persons and who by your order or to your use received any sum or JJ^°ve?^ibr " 
 sums of money for the freight of the said ship ? If yea, Set forth a "i^J'^"'?'?' 
 full, true, and particular account of all and every such sum and sums 
 of money which hath or have been received by you or any other per- 
 son or persons by your order or to your use for the freight of the said 
 ship, and when respectively and for what and from whom and by whom 
 all and every such sums were so received and set forth, also whether 
 any and What sum or sums of money now remain due stad owing in 
 respect of the freight of the said ship, and from whom and for what 
 all and every such sums are due and owing, and why the same re- 
 spectively are unreceived. 
 
 3d. Whether or no have you paid any sums or sum of money for As to the 
 
 n 1 ' -, ^ • sums paid 
 
 the seamen s wages and other charges m respect oi the said snip for sea- 
 forming a prior lien to the demand of the said complainant, or for ™^°„„Jfi^g 
 any bills drawn by the captain of the said ship from the island of C. ship's dis- 
 
 h hill's 6— 
 
 for the ship's disbursements ? If yea. Set forth a full, true and par- mgnts. 
 ticular account of all and every the sum a,nd sums of money which 
 hath or have been so paid by you and when and to whom and for 
 what all and every such sums were respectively paid and disbursed ; 
 Set forth, &c. 
 
 An interrogatory for the examination of a person pro interesse suo. 
 
 Have you any and what estate, right, or interest in or to the premi- 
 ses in the pleadings of this cause mentioned situate in — '■ , or the 
 
 rents and profits thereof, or in any and what part or share parts or 
 shares thereof? If yea. Set forth the nature and extent of such your 
 estate, right, or interest, and how and in what manner you make out 
 or derive the same. 
 
 32* 
 
378 EQUITY PEBCEDBNTS. 
 
 CH. xiii. Forms of Interrogatories for the Cross-lEkamination of 
 " Witnesses, 
 
 In Chancery. 
 
 Interrogatories to be administered for the cross-examination of 
 witnesses to be produced, sworn and examined on the part of the 
 plaintiffs in a certain cause now depending and at issue in the High 
 Court of Chancery, wherein the Most Noble Charles Duke of D. and 
 J. S. are complainants, and E. C. spinster is defendant, on the part 
 and behalf of the said defendant. 
 
 A? to wit- 1st. Did you act as the auctioneer of and put up to sale by public 
 acted as'"^ auction the premises in the pleadings in this cause mentioned ? If 
 auctioneer, yea, Did you prepare or cause to be prepared the printed particulars 
 ed the par- of sale by which the said premises were sold, and by whom and by 
 ticulars of ^jj^gg direction were such printed particulars of sale prepared, and 
 by whose direction and upon whose account and for whom did you 
 As to repre- prepare or cause the same to be prepared? Did you not or did not 
 made'by ^ your assistants or some other agent of the said complainants and who 
 him or the ^^y name inform the company present at the time of the sale of, the 
 
 plaintiff's •' "^ ■' f , , . - . ' 
 
 agents at said premises, or represent to them that the said premises were let 
 that^the ""^ \e3.iQ as Stated in the said particulars, of sale, and did you in any 
 premises and what manner explain to them such statement contained in the said 
 lease, and particulars of sale ? Did you not produce and exhibit to the said 
 as to his company present at the time of the said sale a lease or some paper- 
 duced an writing purporting to be a lease of the said premises, and was or not 
 purporthig the same produced and shown to the said company by you or by your 
 to be the assistants or some other agent ot the said complainants and whom by 
 copy of the name, as the lease or copy of the lease of the said premises referi'ed 
 '^d'to^^'^^'^' to in lot 2 of the said particulars of sale ? Did you not or did not 
 the particu- your assistants or some other agent of the said complainants and who 
 and also as' by name read or state from the said paper-writing or alleged or pre- 
 to com- tended lease to the said company present at the time of the said sale, 
 made by the terms and conditions under which the said premises in the plead- 
 covenants" ^"S^ °^ ^^^^ cause mentioned to be comprised in lot 2 of the said 
 therein particulars of sale were so stated by you or such other person or per- 
 contained. i.it->-t ti 
 
 sons to be on lease i Did you not or did not your assistants or some 
 
 other agent of the said complainants and who by name at the time 
 of the said 'sale comment upon the covenants and conditions con- 
 tained in such pretended or alleged lease, and represent the same as 
 being highly advantageous to a purchaser and more beneficial to a 
 landlord than what are usually introduced into leases in general, and 
 particularly did you hot or did not such person or p&i'sons represent 
 or state to the said company at the time of the said sale, that the, 
 
INTERROGATORIES. 379 
 
 tenant of the said premises was bound to keep the same in repair, CH. XIII. 
 and was not entitled to timber from off the same. premises for that 
 purpose, or to that or the like or some other and what effect ? 
 Declare, &c. 
 
 2d. Did not Mr. A. the solicitor for the said defendant apply to As to appli- 
 
 you for a copy or abstract of the alleged lease under which the fng'madeto 
 
 premises described as lot 2 in the pleadings in this cause mentioned witness by 
 
 were stated to have been let, and when or at what time was such ant's solici- 
 
 application made ? Did you not at the time of such application '""^ '"'^f't-i 
 
 inform the said Mr. A. for the first time that no such lease had been alleged 
 
 then granted, and had any such lease in fact been then granted ? whetiier 
 
 Declare, &C. the same 
 
 had in fact 
 been 
 3d. Did you not and when deliver to the said Mr. A. as the solid- granted. 
 
 tor for the said defendant a draft or copy of a draft lease purporting ness having 
 
 to be the' same as was produced by the auctioneer or agent on behalf dehveredto 
 
 ..'■•' ° the defend- 
 
 of the said complainants at the time of the said sale, or what did ant's solici- 
 
 you represent the same to be at the time, and what passed between lease pur- 
 
 you and the said Mr. A. relative to such draft lease ? Did not the P™''"^ t" 
 ■' . be the same 
 
 said Mr. A. return such draft lease to you with some and what obser- as was pro- 
 
 vations thereon, and did you not afterwards and when return the the'^saie 
 
 same to him with several and what alterations made therein ? what pass- 
 
 ed relative 
 Declare, &C. thereto,and 
 
 as to the alterations which were made by the witness therein. 
 
 4th. Did not the intended lessee of the said premises make some As to the 
 
 and what objections to the said proposed draft lease, and did not con- ^ade^'b"' 
 
 siderable negotiations take place between you and the said intended the intend- 
 
 lessee before the terms of the said proposed draft lease were agreed to the pro- 
 
 uDon and settled with him ? Did not the indenture of lease which P°setl draft 
 
 ^ . . lease, and 
 
 was ultimately executed by the said intended lessee contain several the negotia- 
 
 and what clauses different and in what respect from the said draft took place 
 
 lease when first delivered to the said Mr. A., and also different and '° conse- 
 
 • . . quence 
 
 in what respect from such draft lease when last delivered to the said thereof,and 
 
 Mr. A.? Declare, &c. ^ZX^ 
 
 lease when 
 5th. What is the date of the said indenture of lease ? When and affeed'^ 
 at what time' was the said indenture of lease of the said premises from the 
 and the counterpart thereof executed by the lessor and the lessee first deliv- 
 thereof respectively ? And when or at what time did you give or "P^- ., 
 cause notice thereof to be given to the said Mr. A. or to his copart- date and 
 ners as the sohcitor for the said defendant or to either and which of ^^l^°^lf' 
 them, and deliver or cause to be delivered to him or them a copy of t^e lease 
 
 ' and when 
 
 such lease ? Declare, &c. notice 
 
 thereof was given to the defendant's solicitor. 
 
380 EQUITY PKBCBDENTS. 
 
 CH. xm. 6th. Do you know any other matter or thing not inquired after by 
 
 The con- these interrogatories which may tend to the benefit or advantage of 
 
 eluding, the said defendant in this cause? If yea, Set forth the same 'fully 
 general in- . 
 
 terrogatoiy and at large as if you had been thereto particularly interrogated. 
 
 \ 
 As to the Was the said L. N. capable at the time when the said agreement 
 of a stew- ^^s made of forming an accurate judgment or competent opinion of 
 ard or land- the value of the coal mines or beds of coals under the lands and 
 
 agent of the 
 
 value and grounds in the said memorandum of agreement and release com- 
 
 coal mines prised ? And had he as you do for any and what reason know and 
 in what ca- believe any and what knowledge of and practice in such matters or 
 was em- in any matters relating to coal mines, and had he ever and when 
 the'^^deoeas- ^^^" employed in any coal mines or in or about concerns or business 
 ed owner of that description, or was he in any respect acquainted therewith, 
 thereof, and j , , , . j i, . ^ .'^ . u^ ■ • 
 
 a? to his 00- and had he m any and what manner been in any way obtaining 
 
 cnpation in knowledge and information of the nature and value of coal mines, 
 vionsly and in what capacity or character was . he employed by the said Sir 
 T. B. deceased, and especially at the time when the said memoran- 
 dum of agreement and release were respectively made and thence- 
 forth to the time of his decease, and what had been his business or 
 occupation previously to his being so employed by the said Sir T. B. ? 
 Declare the truth and your utmost knowledge, remembrance, and 
 belief herein. 
 
 Whether a Upon what occasion of and prior to the execution of the said 
 
 read over to release by the said Sir T. B. was the same read over by or to him, 
 
 the grantor ^nd by whom by name was the same read over to him ? Was the 
 
 previously n 
 
 to his exe-. said Sir T. B. as you do for any and what reason know or believe 
 
 same^nd aware of the« terms and conditions of the said release, and in par- 
 
 whether he (icular of the number of acres of coal thereby conveyed, and the 
 
 was aware ■, n n t ./ ./ ' 
 
 of the mode of payment for the same, and that the same might be gotten as 
 
 thereof or I'^i^kly as possible, and that the payment for the same would not be 
 the effect completed for 276 years or for any and what number years, and that 
 and the according to the terms of the said release he would be a trespasser if 
 mode of he entered the pits of the said company to ascertain that the iron, 
 the con- Stone, and upper bed of coal were not damaged or carried away, and 
 money!""" ^^^*' ^^^ ^°^^ ^^^^ under the lands then occupied by the Jbefore-named 
 S. F., &c. or any and which of them were therein comprised ? Set 
 forth the several matters inquired after by this interrogatory fully and 
 at lai-ge, according to the best and utmost of your knowledge, remem- 
 brance, information, and belief, together with the means of knowing 
 and reasons for believing the same, and the truth declare, &c. 
 
INTERROGATORIES. 881 
 
 If the said Sir T. B. had been aware of all or any and -which of the CH. XIII. 
 
 circumstances in flie last preceding interrogatory mentioned, or that as to a par- 
 
 the said upper bed was intended to be included so as to destroy and 'y having 
 
 lock up the iron-stone, would he as you do and for any and what rea- deed with- 
 
 son know or believe have executed the same ? And did he not exe- ?"' l'^ ^^^" 
 
 ing been 
 
 cute the same in confidence that the said release had been prepared examined 
 with a view to the fair and equal benefit of both parties, and in igno- on his"part 
 ranee that such terms and conditions as in ^e preceding interrogatory ^^^ i° "^o"" 
 mentioned were contained therein, and if not, why not ? And had not it had been 
 the said Sir T. B. a high opinion of the said J. H. and J. J., or of one pare^.P"^" 
 and which of them, and. did he either read over the whole of the said 
 release, or any and what part thereof, himself, or give directions that 
 any other person should do so for him before he executed the same ? 
 And if yea, Whom did he direct to read over the whole of the said re- 
 lease, or any and what part thereof, and to whom and in whose pres- 
 ence were such directions given ? Set forth, &c. ( Conclude as in 
 the preceding interrogatory.) 
 
 What was the age of L. N. at the time when the memorandum of As to the 
 
 agreement in the pleadings in this cause mentioned was made, and lf^f^"{ 
 
 what was the state of his bodily health and mental faculties at the mental fac- 
 
 time ; had he not been twice, or how often stricken with palsy pre- steward or 
 
 viously thereto, and was he not thereby to a great, or to some and '™/"^PS!' 
 
 what extent, or from some and what other cause, inefficient or inca- er from 
 
 pacitated to transact business requiring knowledge and skill, or re- p^isy he 
 
 Quirinff the exercise of mental faculties to transact the same, and in y^^ not 
 ^ o r' 1 incapacita- 
 
 particular was not the said L. N. unfit and unequal to treat for the ted or un- 
 
 sale of the said coal mines and for making proper stipulations and g^™j. ^°^^ 
 
 provisions for carrying such treaty into effect ? Declare the truth a contract 
 
 and your utmost knowledge, remembrance, information,' and behef coal mines, 
 1 • -with a view 
 
 nerem. ^ ^ ^ to securing 
 
 Were you not acquainted with the handwriting of the said L. N. the interest 
 for a long, and for some, and what period of time in particular, before pioyer. • • 
 the two letters dated respectively the 31st day of October, 1789, and -^^^"^^^^^^^ 
 the 18th day of December, in the same year, marked respectively the hand- 
 with the letters (C) (D), and which have been produced and shewn ^eVtai'if let- 
 to vou, were written or do bear date, and is not the manner or char- ters (writ- 
 
 • T Tiy , ten by a 
 
 acter of handwriting of the same respectively a ditierent character steward 
 
 and manner from that wherein the said L. N. wrote at some and what agg^^'^'ajj^ 
 earlier period during the time you have known his handwriting, and whether 
 in particular is not such character or manner of handwriting much ^yag^™® 
 m9re unsteady and indistinct, and more scrawling, and so far as you ^^^[^^^^^ 
 can judge, more feeble than the character or manner of the said L. N.'s earlier 
 
3^2 EQUITY PRECEDENTS. 
 
 CH. xni. handwriting, at some and what earlier period in particular, of your 
 period, and acquaintance with him, and do you not know or believe and for some 
 ■whether he ^^^j ^jj^t reason that the said L. N. was in a feeble state of health at 
 
 was not 
 
 then in fact the time when the said two letters do respectively bear date ? De- 
 state of ^ clare the truth of the matters aforesaid, together with your utmost 
 health. knowledge and belief herein, and your reasons for Jhe same. 
 
 Interrogatories to be administered for the cross-examination of wit- 
 nesses to be produced, sworn, and examined on the part of the plain- 
 tiff in a certain cause now depending and at issue in the High Court 
 of Chancery where M. H. is complainant and J. H. and E., his wife, 
 E. R. and H. L. and J. H., an infant, are defendants, on the part and 
 behalf of the said defendant J. H. 
 
 As to the ]^st_ ^i-e you a subscribing witness to the pretended or alleged 
 tion of a last will and testament of J. H. deceased, in the pleadings of this 
 cause named, and which has been exhibited to you on your examin- 
 ation on the behalf of the said plaintiff ? If yea, Did the said J. H. 
 sign the said pretended or alleged last will and testament, and pub- 
 lish the same as his last will and testament in your presence and 
 in the presence of the other subscribing witnesses thereto, or either 
 and which of them as you know, and were you all present together 
 with him, when he signed and published the same as his last will and 
 testament, or how else ? And did you and the other subscribing wit- 
 nesses to the said pretended or alleged will respectively, or either and 
 which of them, sign or set your or their name or names as subscribing 
 witjiesses to the signing and publishing thereof by the said J. H. in 
 the presence of the said J. H., or how else, and did not you or the 
 subscribing witnesses to the said pretended or alleged will, or one 
 and which of them attest and subscribe the same when the said J. H. 
 was not present ? And on what day and at what time of the day, 
 and when was the said pretended will signed and published by the 
 said J. H., and attested by you and the other subscribing witnesses, 
 and how came you to be an attesting witness to the said pretended 
 or alleged will, and by whom were you requested to be present at 
 the signing and publishing thereof, and to attest the same ? And 
 was there or not some other and what last will and testament of 
 the said J. H. at the time when he signed and published the said 
 pretended or alleged will ? And if yea, What has become thereof ? 
 Declare, &c. 
 
 As to the 2d. Are you a subscribing witness to the alleged writing or memo- 
 repnbhoa- i , , ,. , 
 
 tion of the randum at the bottom of the pretended or alleged last will and testa- 
 will. 
 
INTEKEOGAtORIES. 383 
 
 ment of J. .H. deceased in the pleadings of this cause named and CH. XIII. 
 which has been exhibited to you on your examination on behalf of 
 the said plaintiff, and alleged to be a re-execution and re-publication 
 thereof by the said J. H. deceased ? If yea, Did the said J. H. sign 
 the said pretended or alleged writing or memorandum in your pres- 
 ence and in the presence of the other subscribing witnesses thereto 
 or either and which of them as you know, and were you all present 
 together with him when he signed and published the same as a re- 
 execution and re-publication of his last will and testament, or how 
 else ? And did you and the other subscribing witnesses to the said 
 pretended or alleged writing or memorandum respectively, or either 
 and which of them sign or set your or their name or names as sub- 
 scribing witnesses to the signing and publishing thereof by the said 
 J. H. in the presence of the said J. H., or how else ? And did not 
 you or the other subscribing witnesses to the said pretended or alleged 
 writing or memorandum, or one and which of them attest and sub- 
 scribe the same when the said J. H. was not present ? And on what 
 day and at what time of the day and when was the said pretended or 
 alleged writing or memorandum signed and published by the said 
 J. H. and attested by you and the other subscribing witnesses, and 
 how came you to be an attesting witness to the said pretended or 
 alleged writing or memorandum, and by. whom were you requested to 
 be present at the signing and publishing thereof and to attest the 
 same ? And was there or not some other and what last will and tes- 
 tament of the said J. H-. at the time when he signed and published the 
 said pretended or alleged writing or memorandum ? And if yea, 
 "What is become thereof ? Declare, &c. 
 
 3d. How do you know and what particular reason have you to be- As to the 
 lieve that the said J. H. was of sound and disposing mind, memory, ^"iftai'^" 
 and understanding, at the time when he signed and published the said capacity- 
 pretended or alleged will, or writing, or memorandum ? And was he tator. 
 or not, or might he or not, for anything you know, or have any reason 
 to believe to the contrary, be at the time of unsound and undisposing 
 mind, memory, and understanding, and incapable of making a will, 
 and how did you consider him to be in that respect ? And in what 
 state of health of body and of what age was he at the time ? And 
 what opportunity had you to judge of his sanity or insanity, of his 
 capacity or incapacity to make a will, or conduct his worldly affairs ? 
 And did or not you or the other attesting witnesses respectively, or 
 any or which of them converse with him at, or before, or after the 
 time when you say he signed and published the said pretended or 
 alleged will, or writing or memorandum ? And if yea. Was his con- 
 versation sensible and indicative of his capacity to make a will, and 
 
384 EQUITY PRECEDENTS. 
 
 CH. xm. manage his concerns, or how else ? And had you or not any acquaint' 
 arice or intimacy with him for any and what length of time before or 
 after he, as you say, signed and published the said pretended or alleged 
 will, or writing, or memorandum ? And was he or not in some and 
 what manner, as you know or believe, and why, influenced and pre- 
 vailed upon, and by whom, to make the said pretended or alleged will, 
 or to sign or publish the said alleged writing or memorandum ? And 
 was he' or not under great mental imbecility from his age and infirmi- 
 ties ? Declare, &c. 
 
 The con- 4th. Do you know any other matter or thing not inquired after by 
 ''eneral ^^^^^ interrogatories which may tend to impeach the validity of the 
 interroga- gaid pretended or alleged will, or writing, or memorandum, to the 
 '°'^^' benefit of the said defendant J. H. in this cause ? If yea. Set the 
 
 same forth. 
 
 Title of interrogatories for the. cross-examination of a party examined pro 
 
 interesse suo. 
 
 Between W. A., - - - - Plaintiif, 
 and 
 H. S. &c. &c. ■- - Defendants. 
 
 Interrogatories exhibited before W. W.P., one of the Masters of 
 the High Court of Chancery for the cross-examination of the above- 
 named defendant W. O., pursuant to an order made in this cause^ bear- 
 ing date the day of , whereby it was ordered that the 
 
 said defendant W. 0. be at liberty to go before Mr. P., one of the 
 Masters of the said court, and be examined pro interesse suo. 
 
 Interrogatories to the competency of witnesses, exhibited to them on their 
 cross-examination. 
 
 As to wit- Are you not interested in all or some, and which of the matters in 
 iirterestSf J^^"^ between the parties, or some and which of them in this suit 
 in the event an,j shall you not and in some and what manner lose or gain by the 
 and wheth- event thereof, and especially are you not the defendant in an action 
 er he IS not ^f trespass, or in some and what action at law wherein the defend- 
 in an action ants in this cause or some and which of them are plaintiffs, and 
 in which wherein is or was at issue or depending either mediately or immedi- 
 
 the title to ately the right and title of the complainants and defendants in this 
 
 the lands in •' ° i ■ i /■ i 
 
 question i& cause. Or of some and which of them, to the same beds or strata of 
 
 wlSei"!' coal, the right and title whereto is litigated and in issue in this cause, 
 
INTEREOGATORIBS. 385 
 
 or to some and -whicli of the same beds or strata, or to some or what CH. XIII. 
 
 other beds or strata of coal, and has not a verdict been found in the verdict was 
 
 aforesaid action at law in favor of the plaintiffs therein, and is not ex- 5°' ^°^'^^ 
 
 . » for the 
 
 ecution stayed therein by the order and injunction of the High Court plaintiffs at 
 
 of Chancery obtained in this cause upon the application of the com- ^yhether 
 
 plainants or of some and which of .them therein ? Declare the truth of execution 
 
 „ . , . 1 I , T IS P°' stay- 
 
 the several matters aforesaid; together with your utmost knowledge ed by in- 
 
 and belief herein. junction. 
 
 Have you not lately and since this suit was instituted, and at what As to 
 
 time in particular, become a copartner together with the before-named ^itnesrhas 
 
 several complainants or some and which of them in the establishment not become 
 
 or concern called or known -by the name or style of the " L ^ith tlie 
 
 M Company " and in the pleadings mentioned, and have you pi^mt'ffs m 
 
 not thereby or by some and what other means acquired, and have you carried on 
 
 not now and do you not and for what reason claim to have a beneficial and whe'th- 
 
 interest, or some and what interest in the beds or strata of coal, the er he does 
 
 ' not claim a 
 
 right and the title whereto is litigated in issue between the complain- beneficial 
 
 ants and defendants, or some and which of them in and by this suit, or Jj^e'^fands" 
 
 a beneficial, or some and what interest in some and which of the said *« title ^ 
 
 . , . -, , , • n ■ whereto is 
 
 beds or strata oi coal, or m some and -what parts thereoi, or in some in issue be- 
 and which of the several matters whereto this suit has relation ? partTes''^^ 
 Declare the truth of the several matters aforesaid, together with your 
 utmost knowledge and belief herein. 
 
 Shall you not be in some manner a gainer or be otherwise affected As to 
 in case the will of the said J. H. should be established and carried into ^itness'lias 
 
 execution ? If so, set forth how and in what manner or in what n°* '^'^ >"- 
 
 /Y» T 1 1 T-v 1 o terest in the 
 
 respect you are hkely to be a gainer or aiiected thereby. Declare, &c. establish- 
 ment of the 
 
 will in 
 
 question. 
 Interrogatories for the examination of a witness, on the voir dire as to his 
 
 being interested. 
 
 (^For a form of title, vide ante, No. 8, p. 267.) 
 
 1st. Have you any and what interest in the performance or non- ^i„"^^at 
 performance of the agreement in the pleadings of this' cause- men- interest 
 tioned ? And if yea, Set forth the nature of such your interest and in' the per- 
 ■how the same arises. Declare, &c. [h~e-°^ 
 
 ment in 
 2d. Have you any and what interest in the determination or deci- XftD'his 
 sion of this cause, or can you by any and what means gain or lose by j?'^"'"^' '." ^ 
 the event of the said suit ? Declare, &c. the suit. 
 
 33 
 
386 EQUITY PRECEDENTS. 
 
 CH. XIII. 3d. Are you under any and what honorary or legal obligations and 
 
 As to any to whom to pay or secure or to see paid or secured the costs or any 
 
 obligation p^j.^ ^f jj^jg gQgj. q£ jjjg gg^j^ defendant which she has or may incur in 
 
 , under to this suit or be liable by decree or otherwise to pay ? Declare, &c. 
 pay or se- 
 cure the de- 
 fendant's ' 
 
 costs. 
 
 Articles to discredit witnesses. 
 
 Articles exhibited by A. B. complainant in a certain cause now de- 
 pending and at issue in the High Court of Chancery wherein the' said 
 
 A. B. is complainant, and C. D. defendant, to discredit the testimony of 
 E. F., G. H., and J. K., three witnesses examined before L. H. Esq., 
 one of the examiners of the said Court on the part and behalf of the 
 said defendant. 
 
 1st. The said A. B. doth charge and allege that the said E. F. hath 
 since his examination in the said cause owned and acknowledged that 
 he is to receive or be paid and also that he doth expect a considerable 
 reward, gratuity, recompense, or allowance from the said defendant 
 in case the said defendant recovers in the said cause, or the said cause 
 be determined in his favor, and that the said E. F. is to gain or lose 
 by the event of the said cause. 
 
 2d. The said A. B. doth charge and allege that the said G-. H. and 
 J. K. are persons of bad morals and of evil fame and character, and 
 that they are generally reputed and esteemed so to be, and that the 
 said G. H. and J. K. are persons who have no regard to the nature or 
 consequences of an oath, and that they are persons whose testimony is- 
 not to be credited or believed. 
 
 The title must he varied if the depositions are token hy commission ; 
 As thus : 
 
 Articles exhibited by A. B. complainant in a certain cause depend- 
 ing and at issue in the High Court of Chancery wherein the said A. 
 
 B. is complainant, and C. D. defendant, to discredit the testimony of 
 E. F. and G. H., two witnesses examined by virtue of a commission 
 issued out of the said Court to J. K. and others directed for the exam- 
 ination of witnesses in the said cause, upon certain interrogatories " 
 exhibited before them for that purpose, and which said witnesses were 
 examined in the said cause on the part and behalf of the said de- 
 fendant. 
 
EQUITY PEECEDENTS. 
 
 PART II. 
 DECREES AND DECRETAL ORDERS. 
 
CHAPTER I. 
 
 DECKEES AND DECKETAL ORDEKS. 
 Original Decree. 
 
 I. Introductory part. CH. I. 
 
 Circuit Court of the United States for Massachusetts 
 District. 
 
 A. B. - 
 
 - Plaintiif in equity, 
 
 
 vs. 
 
 C. D. - 
 
 Defendant. 
 
 This causQ came on to be heard (or to be further hear^j as 
 the case may be) at this term, and was argued by counsel : 
 and thereupon, upon consideration thereof, it was ordered, 
 adjudged, and decreed as follows, viz : (a) 
 
 ORDERING PART. 
 
 USUAL DIRECTIONS. 
 
 Tlie Directions which follow frequently occur in the Ordering 
 Part of Decrees. 
 
 II. Directions for reference to a Master. 
 
 It is ordered that it be referred to a Master to inquire and 
 state to the Court, (fcc. And for the better discovery of the 
 
 (a) See Eq. Rules of the Circuit Courts of the U. States, Kule LXXXVI. 
 33* 
 
390 ' EQUITY PRECEDENTS. 
 
 CH. I. matters aforesaid, the parties are to produce before the said 
 Master, upon oath, all deeds (or books,) and writings in their 
 custody or power relating thereto, and are to be examined ' 
 upon interrogatories as the said Master shall direct. 
 
 m. Where account directed. 
 
 It is ordered that it be referred to a Master to take an ac- 
 count, &c. And for the better taking of the said account, 
 and discovery of the matters aforesaid, the parties are to pro- 
 duce, &c., and are to be examined, &c. as the said Master 
 shall direct, who in taking the said account is to make unto 
 the parties all just allowances. 
 
 See Decrees for Account, ^osi,' p. 393. 
 
 IV. Directions in decree for an account where the parties are to be exam- 
 ined as witnesses. 
 
 In the taking of the which account the said Master is to 
 make to all parties all just allowances. And for the better 
 taking of the same, they are to produce before, and leave 
 with the said Master all deeds, books, papers, and writings in 
 their custody or poVer relating thereto, and are to be exam- 
 ined upon interrogatories as the said Master shall direct. 
 For which purpose, and for the examination of parties as 
 witnesses in aid of the ^aid account, if necessary, the said 
 Master is hereby armed with a commission. And the said 
 Master is to make his report touching the matters hereby re- 
 ferred to him, with all convenient speed. And if; in taking 
 the said account, any special matter shall arise, the said 
 Master is at liberty to state the same to the Court. 
 
 V. Direction for production limited. 
 
 And for the better taking of the accounts before directed, 
 the parties are to be examined upon interrogatories, and pro- 
 
DECREES. 391 
 
 duce before the said Master, upon oath, all books; papers, and ch. i. 
 writings in their custody or power relating thereto, as the 
 said Master shall direct, who in taking the said accounts is 
 to make unto the parties all just allowances. 
 
 VI. Liberty to state special circumstances. 
 
 And the Master is to be at liberty to state any special cir- 
 cumstances. 
 
 Vn. Separate report. 
 
 And let the Master be at liberty to make a separate report 
 as to any of the matters aforesaid. 
 
 VIII. Direction for sale of estates. 
 
 It is ordered that the said estates, or a sufficient part 
 thereof, be sold, with the approbation of the said Master, to 
 the best purchaser or purchasers that can be got for the same, 
 to be allowed of by the said Master, wherein all proper par- 
 ties are to join as the said Master shall direct. And in order 
 to such sale, the parties are to produce before the said Mas- 
 ter upon oath, all deeds and writings in their custody or 
 power relating to the said estates. 
 
 IX. Direction for production limited. 
 
 It is ordered and decreed, that the said intestate's real 
 estate, or a sufficient part thereof, be sold, &c. And in 
 order for such sale, the parties are to produce before the said 
 Master, upon oath, all deeds and writings in their respective 
 custody or power relating thereto, as the said Master shall 
 direct. 
 
392 EQUITY PRECEDENTS. 
 
 CH. I. X. Direction to settle conveyance, &c., in case parties differ. 
 
 And the said Master is to settle the said conveyances, in 
 case the parties differ about the same. 
 
 XL Direction for payment or transfer by party. 
 
 It is ordered, that the said defendant do pay unto the 
 plaintiff the sum of $ . 
 
 XII. Order for reference to Master to fix time, &o. 
 
 The Court doth order that it be referred to the said Master 
 to appoint a time and place for the execution of the pur- 
 chase-deeds, and payment of the purchase-inoney. And it 
 is further ordered, that the plaintiffs do execute the purchase- 
 deeds at the same time and place ; and at the same time, on 
 execution of those deeds, the defendant is to pay the plain- 
 tiffs the purchase-money. 
 
 XTTT. Direction for payment or transfer into Court. 
 
 It is ordered that the said defendant do pay the sura of 
 into this Court, to the credit of this cause, subject 
 
 to the further order of the Court. 
 
 XIV. Direction for payment out of Court. 
 
 It is ordered, that the sum of $ standing in this 
 
 Court to the credit of this cause be paid to the plaintiff, and 
 for the purposes aforesaid, the clerk is to draw, &c. 
 
 XV. Further directions. 
 
 And the Court doth reserve the consideration of "all further 
 directions, until after the said Master shall have made his 
 report. 
 
DECEEES. 393 
 
 XVI. Reservation of interest. CH. I. 
 
 And the Court doth reserve the consideration of, &c. and 
 of interest, iintil after the said Master shall have made his 
 report. 
 
 XVn. Reservation of costs. 
 
 And the Court doth reserve the consideration of, &c. and 
 of the costs of this suit, until after the said Master shall have 
 made his report. 
 
 XVII. Direction for taxation and payment of costs, &c. 
 
 Let the. Master tax all parties their costs of this suit. And 
 it is ordered, that such costs, when taxed, be paid as follows, 
 viz : the plaintiffs' costs to Mr. , their solicitor, &c. 
 
 XIX. Liberty to apply. 
 
 And any of the parties are to be at liberty to apply to the 
 Court as occasion shall require. 
 
 DECREES FOR ACCOUNT GENERALLY. 
 
 XX. Decree for account. 
 
 The Court doth order and decree, that .it be referred to 
 Mr. E. one of the Masters of this Court, to take a mutual 
 account of all dealings and transactions between the plain- 
 tiff and the defendant, for the better clearing of which ac- 
 count, the parties are to produce, &c. [see usual directions, 
 No. II. ante,) as the said Master shall direct, who, in taking 
 of the said account, is to make unto the parties all just 
 allowances, and what, upon the balance of the said account 
 shaill appear to be due from either party to the other, is to 
 be paid as the said Master shall direct. Arid it is further 
 ordered, that the injunction formerly granted in this cause, 
 
394 EQUITY PRECEDENTS. 
 
 CH. I. for stay of the defendant's proceedings at law, be in the mean 
 time continued, and the defendant's judgment is to stand a 
 security for payment of what, if any thing, shall appear to 
 be coming to him on the balance of the said account ; and 
 the Court doth reserve the consideration of the costs of this 
 suit, and of all further directions, until after the said Master 
 
 * shall have made his report, when either side is to be at lib- 
 
 erty to apply, &c. 
 
 XXI. Decree for account, with special direction. 
 
 And in taking the said accounts against the defendant 
 Jacob ""Wilkinson, the said Master is to charge the defendant 
 
 Jacob Wilkinson with the sum of , borrowed by him 
 
 from the testator's estate, to enable him to purchase the 
 estate in the pleadings mentioned, together with interest 
 from the time of the purchase, at the rate reserved in the 
 mortgage of the estate in the pleadings mentioned. 
 
 XXII. Decree for account, regard being had to particular circumstances. 
 
 In taking of which accounts, the said Master is to have 
 regard to the said agreement, by the said order of the 1st day 
 of March, 1738, made an order of this Court, relating to the 
 personal estate of the said testator Ni'cholas Hardinge, which 
 is hereby established, and to be taken as such in the said 
 accounts. 
 
 XXIIL Direction for allowing stated account. 
 
 And if, in taking the said accounts, the said Master shall 
 find any account stated, he is not to ravel into the same. 
 
 XXIV. Decree for account. 
 
 Liberty to surcharge and falsify Stated Accounts. 
 
 [A bond had been given for the balance of the stated 
 account.] 
 
DECREES. 395 
 
 The Cwart doth think fit, and so order and decree, that the ch. i. 
 account stated the 24th day of May, 1744, between the plain- 
 tiff and the defendant do stand, with liberty to either side 
 to falsify or surcharge the same. And it is hereby referred to 
 Mr. H. one, &c. to take a general account of all dealings and 
 transactions between the said plaintiff and defendant, from 
 the foot of the said account ; and that the said Master do 
 likewise take an account of what is due for principal and in- 
 terest on the bond in question, and that the same be brought 
 into the general account ; and if, in taking the said account 
 between the parties, the Master shall find the said defendant 
 debtor to the plaintiff on th» said general account, at any 
 particular period of time, and after that time the plaintiff 
 does not become debtor to the defendant in the said general 
 account, then from such period of time, that the said Master 
 do apply what shall be coming due from the defendant to the 
 plaintiff, first, to pay the interest on the said bond, and then 
 to sink the principal. And it is ordered, that what shall ap- 
 pear to be due from either party to the other on the balance 
 of the said account, be paid by such party from whom such 
 balance shall be found due to the other. And it is further 
 ordered, that an injunction be awarded to stay the said de- 
 fendant's proceedings at law on the said bond against the 
 plaintiff, until after the said Master shall have made his re- 
 port ; and for the better clearing of the said accounts before 
 directed, all parties are to produce, &c. ( See usual directions, . 
 No. III. ante.) And the Court doth reserve the consideration 
 of costs, and of all further directions, until after the said Mas- 
 ter shall have made his report, and any of the parties are to 
 be at liberty to apply, &c. ( See usual directions. No. XIX.) 
 
 XXV. Decree setting aside stated accounts, and directing general ac- 
 count. 
 
 [Inter alia.] The Court declared that the three stated ac- 
 counts dated, &c. ought to be opened and set aside, and 
 doth order and decree the same accordingly ; and it is hereby 
 referred to Mr. S., one, &c. to take a general account of all 
 'dealings and transactions between the plaintiffs, or either of 
 them, and the defendant ; and also of the value of any tim- 
 
396 EQUITY PRECEDENTS. 
 
 CH. I. ber, &c., in the taking of which account, the said. Master is 
 to make unto all parties all just allowances ; and for the bet- 
 ter taking the said account, all parties are to be examined, &c. 
 {See usual directions, No. III. ante.) And it is ordered and 
 decreed, that what 'shall be found due upon the balance of 
 the said account from either party to the other, be paid by 
 the party from whom the same shall be found to be due to 
 the others of them ; and it is ordered and decreed that the 
 said defendant do pay to the plaintiffs, their costs of so much 
 of the cause as relates to the setting aside the said stated 
 accounts, to be taxed by the said Master. And the Court 
 doth reserve the consideration of the rest of the costs of this 
 suit until after the said Master shall have made his report, 
 and the said parties are to be at liberty to apply, as, &c. 
 ( See usual directions, No. XIX. ante.) 
 
 DECREES RESPECTING PERSONAL ASSETS. 
 
 XXVI. Decree in creditor's suit. 
 
 This Court doth order and decree, that it be referred to 
 Mr. H., one, &c., to take an account of what is due to the 
 plaintiffs, and all other the creditors of James Robinson, de- 
 ceased, the intestate in the pleadings named, and of his fune- 
 ral expenses, and to compute interest on such of the debts as 
 carry interest, after the rate the same respectively carry in- 
 terest, and the said Master is to cause an advertisement to 
 
 be published in the and such other public papers as 
 
 he shall think fit, for the creditors of the said intestate to 
 come in before him and prove their debts, and he is to fix a 
 peremptory day for that purpose, and in default of their com- 
 ing in to prove their debts by the time so to be appointed, 
 they are all to be excluded the benefit of this decree, but the 
 persons so coming in to prove their debts, not parties to this 
 suit, are, before they are to be admitted creditors, to contrib- 
 ute to the plaintiffs their portion of the expense of this suit, 
 to be settled by the Master. And it is ordered, that the said 
 Master do take an account of the personal estate of the said 
 intestate come to the hands of the said late defendant, his* 
 administrator, or to the hands of any other person by his order, 
 
DECEBBS. 397 
 
 or for his use. And it is ordered, that the said intestate's per- CH. i. 
 sonal estate be applied in payment of his debts and funeral 
 expenses in due course of administration. And for the bet- 
 ter taking of the said accounts, &c. [See usual directions, 
 No. III. ante.) And this Court doth reserve the consider- 
 ation of all further directions, and of the costs of this suit, 
 until after, &c. {See usual directions, No. XV. ante.) And 
 any of the parties are to be at liberty to apply, &c. [See 
 usual directions, No. XIX. ante.) 
 
 XXVII. Direction for sale- of personal estate specifically bequeathed, and 
 for apportionment on deficiency of assets. 
 
 It is ordered, that the said Master do take an account of 
 the testator's personal estate specifically bequeathed ; and it 
 is ordered that the same be sold by the said defendant, in 
 such manner as the Master shall direct. And it is ordered, 
 that the money to arise by such sale, be paid inio Court. 
 [See usual directions. No. XIII. ante.) And it is ordered, 
 that the said Master do apportion the money to arise, &c. 
 and the moneys hereinbefore directed to be paid into Court, 
 when paid in, among the creditors of the testatrix, named in 
 the first schedule tahis report, according to the sums reported 
 due them ; and he is to make a separate report of the mat- 
 ters aforesaid ; and out of the moneys to arise, &c. and the 
 moneys hereinbefore directed to be paid into Court, when 
 paid in, it is ordered, that the several sums to be apportioned 
 to such creditors, be paid to them respectively, or to the legal 
 personal representatives of such of them as may be dead. 
 And for the purposes aforesaid, the clerk is to draw, &c. 
 
 XXVn. Decree in suit by legatee. 
 
 It is ordered, &c., that it be referred to Mr. C, one, &c., 
 to take an account of the personal estate of "William Eobert 
 Mingay, the testator in the pleadings named, come to the 
 hands of James Mingay, deceased, the sole executor of the 
 said testator, William Robert Mingay, in the lifetime of him 
 the said James Mingay, and to the hands of the defendants, 
 34 
 
398 EQUITY PRECEDENTS. 
 
 CH. I. the executors of the said James Mingay, since his death, or 
 any or either of them, or to the hands of any other person or 
 persons, &c. And it is ordered, that what on the said ac- 
 count shall appear to have come to the hands of the defend- 
 ants be answered by them personally ; and what on the said 
 account shall appear to have come to the hands of the said 
 James Mingay in his life, be answered by the defendants, his 
 executors, out of his assets,' in a course of administration. 
 But in case the defendants shall not admit assets, &c. (See 
 decrees respecting executors and trustees, post.) And it is or- 
 dered, that the said Master do take an account of the debts, 
 funeral expenses, and legacies of the said teStator, William 
 Robert Mingay, and compute interest on such of his debts 
 as carry interest, after the rate, &c. And upon his legacies, 
 from the time and after the rate directed by the said testator's 
 will, and where no time of payment or rate of interest is 
 thereby directed, then after the rate of 4 per cent, per annum, 
 frorn the end of one year after the said testator's death. And 
 it is ordered, that the said Master do cause an advertisement 
 to be published in the for the creditors of the said tes- 
 tator to come in before him and prove their debts ; and he is 
 to fix a peremptory day, &c. And such of them as shall not 
 come in by the time so to be limited are to be excluded, &c. 
 (/See decree in creditor's suit, No. XXVI. ante.) And it is 
 ordered, that the said testator's personal estate be applied in 
 payment of his debts and funeral expenses in a course of ad- 
 ministration, and then in payment of his legacies. And for 
 the better taking of the said accounts, &c. ( See usual direc- 
 tions, No. III. ante.) And it is ordered that all parties be paid 
 their costs of this suit, to be taxed by the said Master out of 
 the said testator's estate. And this Court doth reserve the con- 
 sideration of all further directions until after, &c. (See usual 
 directions, No. XV. ante.) And any of the parties are to be at 
 liberty to apply, &c. ( See usual directions, No. XIX. ante.) 
 
 XXIX. Direction for abatement. 
 
 And in case his (the testator's) personal estate shall not be 
 sufficient for the payment of his legacies, then the legatees 
 are to abate in proportion to be settled by the said Master. 
 
DECREES. 399 
 
 XXX. Inquiry as to the next of kin. CH. I. 
 
 And the said Master is also to inquire and state to the 
 Court who were the next of kin of the said testator living at 
 the time of his death, and whether any of them are since 
 dead ; and if dead, who is or are their personal representative 
 or representatives. And for that purpose the said Master is 
 
 to cause advertisements to be published in the and 
 
 such other public papers as he shall think fit, for such next 
 of kin to come in and make out their kindred ; arid he is to 
 fix a peremptory day for that purpose, and in default thereof 
 they are to be excluded the benefit of this decree. And for 
 the better taking, &c. and discovery of the matters afore- 
 said, &c. ( See usual directions, No. III. ante.) 
 
 XXXI. Decree on bill by next of kin, with inquiry. 
 
 This Court doth order a,nd decree, that it be referred to 
 Mr. S. one, &c. to take an account of the personal estate of 
 J. D. the testator in the pleadings named, not specifically 
 bequeathed, &c. And it is ordered, that the said Master do 
 also take an account of the said testator's debts, &c. and 
 compute interest, &c. And it is ordered, that the said Mas- 
 ter do cause advertisements, &c. And it is ordered, that the . 
 said testator's personal estate, not specifically bequeathed, be 
 applied in payment, &c. And it is ordered, that the said 
 Master do inquire and state to the Court who were the next 
 of kin of the said testator living at the time of his death, and 
 for that purpose the said Master is to cause advertisements, 
 &c. And for the better taking of the accounts, &c. And 
 this Court doth reserve the consideration of all further direc- 
 tions, and of the costs of this suit, until after, &c. And any 
 of the parties are to be at liberty to apply, &c. 
 
 XXXII. Decree on bill by next of kin, subject to inquiry. 
 
 The Court doth order that it be referred to Mr. A., one, 
 &c. to inquire whether the plaintiffs, or either of them, are or 
 is, or not next of kin of G. J., deceased, the intestate in the 
 
400 EQUITY PRECEDENTS. 
 
 CH. I. pleadings named. And in case the said Master shall find 
 that they or either of them are or is, then it is ordered and 
 decreed, that the said Master do take an account of the per- 
 sonal estate of the said intestate, &c. And it is ordered, in 
 case the said Master shall take such last mentioned account, 
 he do also take an account of the said intestate's debts, &c. ; 
 and he is to compute interest, &c. and for that purpose he is 
 to cause advertisements, &c. And it is ordered, that the 
 personal estate of the said intestate be applied in payment 
 of his debts, &c. And in case the said Master shall find the 
 plaintiffs, or either of them, are or is any of such next of kin, 
 then it is ordered that the said Master do inquire and state 
 to the Court who are such next of kin, if any, besides the 
 plaintiffs, and whether any or either of them is or are since 
 dead, and if dead, who is or are his, her, or their personal 
 representative or representatives. And for the better taking 
 of the said accounts, &c. And this Court doth reserve the 
 consideration of all further directions, and of the costs of this 
 suit, until after, &c. ; and any of the parties are to be at 
 liberty to apply, &c. 
 
 XXXIII. Direction for establisliing will. 
 
 It is ordered, &c., that the will of the said testator B. H. S., 
 is well proved, and ought to be established, and the trusts 
 thereof performed, and doth therefore order and decree the 
 same accordingly. 
 
 Where will admitted. 
 
 The Court declared that the will of the said testator being 
 admitted by the said defendant Philip Herbert, his heir at 
 law, ought to be established and the trusts thereof performed, 
 and doth order and decree the same accordingly. 
 
 XXXIV. Decree in suit by bond creditor where assets legal. 
 
 (The plaintiff's annuity was secured by bond.) 
 
 It is ordered, &c., that it be referred to Mr. A. one, &c., to 
 take an account of the said intestate Francis Barefoote's 
 
DECREES. 401 
 
 personal estate, come to the hands of the said defendant, or CH. i. 
 to the hands of any other person or persons by his order or for 
 his use. And the said Master is also to take an account of 
 what is due to the plaintiff for the arrears of his annuity, and 
 of aU other the said intestate's debts and funeral expenses. 
 And it is ordered and decreed, that the said intestate's per- 
 sonal estate be applied in payment of what shaU be so 
 reported due to the plaintiff, and of his other debts and fun- 
 eral expenses, in a course of administration. And in case 
 the said intestate's personal estate shall not be sufficient for 
 that purpose, then the said Master is to take an account of 
 the rents and profits of the real estate of the said intestate 
 received by the said defendant, or by any other person or 
 persons by his order, or for his use, and thereout the said 
 plaintiff and the said intestate's other specialty creditors are 
 to be paid what shall be remaining due to them as aforesaid. 
 And in case the said rents and profits shall not be sufficient, 
 then it is_^ ordered and decreed that the said intestate's real 
 estate or a sufficient part thereof be sold, &c. ( See usual 
 directions, No. VIZ ante.) And out of the money arisi*ng by 
 such sale, the plaintiff and the other specialty creditors of the 
 said intestate are to be paid what shall be remaining due to 
 them. And in case the said intestate's specialty creditors 
 shall exhaust any part of his personal estate in payment of 
 their demands, then the said intestate's simple contract cred- 
 itors are to come in and receive a satisfaction pro tanto out 
 of his real assets. And the Court doth reserve the consider- 
 ation of the costs of his suit, and of all further directions until 
 after the said Master shall have made his report. And for 
 the better clearing of the accounts before directed, &c. ( See 
 usual directions, No. Ill, ante.) 
 
 XXXV. Decree where assets equitable. 
 
 The defendant J. P., the heu--at-law of the testator T. P., 
 having admitted his will, the Court declared the same ought' 
 to be established, &c. {See establishing will, No. XXXIII. 
 ante,) and doth order and decree the same accordingly, and 
 that it be referred to Mr. H. one, &c. to take an account of 
 what is due to the said defendants B. and M. for principal 
 and interest on their respective mortgages, and to tax them 
 34* 
 
402 EQUITY PRECEDENTS. 
 
 CH. I. their costs of these suits. And also to take an account of 
 what is due to the plaintiffs in both causes, and to all other 
 the creditors of the said testator for their respective debts, 
 and to compute interest, &c., and to this end the said Master 
 is to cause an advertisement, &c., and the said Master is 
 likewise to take an account of the said testator's personal 
 estate, come to the hands of, &c. ( See decree in creditor's 
 suit, Personal Assets, JVo. XX VI. ante.) And such personal 
 estate is to be applied in payment of the debts of the said 
 testator in the course of administration. And in case the 
 said^testator's personal estate shall not be sufficient to pay 
 his debts, then the said Master is to take an account of the 
 rents and profits of the said testator's real estate which have 
 accrued since his death, and have come to the hands of, &c. 
 and the same are to be applied in payment' of the said tes- 
 tator's debts not satisfied out of his personal estate, pari 
 passu. And in case the personal estate and the rents and 
 profits of the real estate of the said testator shall not be suffi- 
 cient to pay his debts, the mortgagees now submitting to a 
 sale of the said real estate, it is ordered and decreed that the 
 said real estate, or a sufficient part, be sold, &c. ( See usual 
 directions, No. VIII. ante.) And the money arising by the 
 said sale is to be applied in the first place in payment of 
 what the said Master shall certify to be due to the said de- 
 fendants, the mortgagees respectively, for their principal, 
 interests, and costs, according to their respective priprities, 
 and in the next place, in payment of what shall be remain- 
 ing due to the other creditors of the said testator pari passu. 
 And if any of the creditors by specialty have exhausted or 
 shall exhaust any part of the said testator's personal estate 
 in the satisfaction of their debts, then they are not to come 
 upon or receive any further satisfaction out of the said tes- 
 tator's real estate, until the other creditors of- the said testa- 
 tor shall thereout be made up equal to them. And in case 
 there shall be any surplus remaining of the money arising by 
 the sale of the said testator's real estate after the payment of 
 his said debts, it is ordered and decreed, that the same be paid 
 to the said defendant J. P. And for the better taking of the 
 aforesaid accounts, &c. ( See usual directions, No. III. ante.) 
 And the said Master is also to- tax the plaintiffs in both causes, 
 and the defendants P. and P. their costs of these suits to 
 
DECREES. 403 
 
 this time, which are to be paid them out of the said tes- crH.;i. 
 tator's estate. And the Com-t doth reserve the consider- 
 ation of their subsequent costs until after the said Master 
 shall have made his report. And the said parties are to be 
 at liberty to apply to this Court, as, &c. {See usual direc- 
 tions, No. XIX.' ante.) 
 
 XXXVI. Decree for foreclosure. 
 
 It is ordered, &c., that it be referred to Mr. K. one, &c., to 
 compute what is due to the plaintiffs for principal and in- 
 terest on their mortgage, and to tax them their costs of this 
 suit ; for the better discovery whereof, &c. ( See usual direc- 
 tions, No. III. ante.) And upon defendants paying unto the 
 plaintiffs what shall be reported due to them for principal, 
 interest, and costs as aforesaid, within six months after the 
 said Master shall have made his report, at such time and 
 place as the said Master shall appoint, it is ordered, that the 
 said plaintiffs do reconvey the mortgaged premises free and 
 clear of all incumbrances done by them, or any claiming by, 
 j&rom, or under them, and do deliver up all deeds and writings 
 in their custody or power relating thereto upon oath to the 
 said defendants, or to whom they shall appoint. But in de- 
 fault of the said defendants' paying unto the said plaintiffs 
 such principal, interest, and costs as aforesaid, by the time 
 aforesaid, it is ordered and decreed, that the said defendants 
 do stand absolutely debarred and foreclosed of and from 
 all equity of redemption of, in, and to, the said mortgaged 
 premises. 
 
 XXXVII. Order for enlarging time. 
 
 This Court doth order, that upon the said defendant's 
 paying unto the plaintiff, on or before the 23d day of De- 
 cember, inst. the sum of | , reported due to the plain- 
 tiff for interest and costs on his said mortgage by the said 
 Master's Report, the time for the defendant's redeeming the 
 said mortgaged premises be enlarged for six months. And 
 upon such payment it is ordered, that it be referred back to 
 the said Master to compute the plaintiff his subsequent in- 
 
404 EQUITY PEECEDENTS. 
 
 CH. I. terest and tax him his subsequent costs, and also the costs 
 of this application, and to appoint a new time and place for 
 payment of what shall be found due to the plaintiff in respect 
 thereof. But in default of the defendant's paying unto the 
 
 plaintiff the said sum of $ by the time aforesaid, the 
 
 said defendant is to stand absolutely foreclosed. 
 
 XXXVIII. Final order for foreclosure. 
 
 Upon opening of the matter this present day unto this 
 Court by Mr. J., being of the plaintiff's counsel, it was 
 alleged that by the order made on the hearing of this cause, 
 it was referred to Mr. B. one, &c,, to take an account, &c., 
 pursuant whereunto the said Master on the 5th of March 
 
 last made his report, and thereby certified the sum of $ 
 
 to be due to the plaintiff for principal, interest, and costs, on 
 the said mortgage, which he appointed to be paid on the 5th 
 day of September last between the hours of ten and twelve 
 of the clock in the forenoon, at which time and place W. W. 
 being duly authorized by the plaintiff, attended, to have re- 
 ceived the said money, but neither the plaintiff, or any person 
 on his behalf did then attend to pay, or have since paid or ten- 
 dered the same, as by the affidavit of the said W. W. now 
 read appears ; and therefore it was prayed that the said defend- 
 ant may now be and stand absolutely debarred and foreclosed, 
 of and from all right, title, interest, equity, and benefit of re- 
 demption, of, in, and to, the said mortgaged premises ; which, 
 upon reading the decree, the Master's report, and the order 
 for confirming the same, this Court held reasonable ; and 
 doth order the same accordingly. 
 
 XXXIX. Decree for redemption against mortgagee in possession. 
 
 It is ordered &c., that it be referred to Mr. B., one, &c., to 
 take an account of what is due to the defendant E. for prin- 
 cipal and interest on his said mortgage, and to tax him his 
 costs of this suit. And the said Master is also to take an 
 account of the rents and profits of the said mortgaged pre- 
 mises come to the hands of the said defendant R., or of any 
 
DECREES. 405 
 
 other person or persons by his order or for his use, or which CH. i. 
 he without his wilful default might have received. And 
 what shall be coming on the said account of rents and pro- 
 fits is to be deducted out of what shall be found due to the 
 said defendant E,. for principal, interest, and costs. And for 
 the better taking the said account, all parties are to produce, 
 &c. (See directions, No. III. ante.) And what upon the 
 balance of the said account shall be certified due to the said 
 defendant E.. for his principal, interest, and costs, it is ordered 
 and decreed that the said plaintiff" A. O. do pay the same 
 unto the said defendant R. within six months after the said 
 Master shall have made his report, at such time and place as 
 the said Master shall appoint, and that thereupon the said 
 defendant do re-surrender the said mortgaged premises unto 
 the said plaintiff" A. O., or unto such person or persons as he 
 shall direct, free and clear of all incumbrances done by him 
 or any person claiming by, from, or under him, and deliver 
 Unto the said plaintiff" upon oath all deeds and writings in his 
 custody or power relating to the said mortgaged premises. 
 But in default of the said plaintiff''s paying unto the said 
 defendant E.. what shall be so certified due to him for prin- 
 cipal, interest, and costs, as aforesaid, after such deductions 
 made thereout as aforesaid, at such time and place as afore- 
 said, it is ordered that the said plaintiff"'s bill as against the 
 said defendant R. do from thenceforth stand dismissed out 
 of this Court, with costs, to be taxed by the said Master. 
 
 (The plaintiff"s were the executor and executrix of the first 
 mortgagee. The defendant Meriton was the second mort- 
 gagee. The defendants the Colliers were the mortgagors. 
 The defendant Meriton submitted by his answer, that in 
 case the defendants, the Colliers, should not redeem, the 
 mortgaged premises should be sold.) 
 
 It is ordered, &c., that it be referred to Mr. S., one, &c., 
 to compute what is due to the plaintiff"s for principal and 
 interest on their mortgage, and to tax, &c. And upon the 
 defendant H. M., his paying unto the said plaintiff's what, 
 
406 EQUITY PRECEDENTS. 
 
 CH. I. &c., within six months after the said Master shall have made 
 his report, as such time, &c. it is ordered and decreed, that 
 the said plaintiffs do assign the said mortgaged premises, 
 free, 5tc., and to deliver up all deeds, &c. to the said defend- 
 ant H. M., or to whom he shall appoint. But in default of 
 the said defendant H. M. his paying, &c., it is ordered and 
 decreed, that the said defendant H. M. do from thenceforth 
 stand absolutely debarred and foreclosed, &c. (See decree 
 for foreclosure, No. XXXVI. ante.) And in case of such 
 foreclosure it is ordered and decreed, that the said Master do 
 compute what is due to the plaintiffs for subsequent interest 
 on their mortgage, and do tax them their subsequent costs, 
 And upon the said defendants M. C. and A. C. their paying 
 unto the plaintiffs what, &c. within three months after the 
 said Master shall have made his subsequent report, at such 
 time, &c. it is ordered and decreed, that the said plaintiffs do 
 reassign the said mortgaged premises, free, &c. and do deliver 
 up all. deeds, &c. to the said defendants A. C. and M. C, or 
 to whom they shall appoint. But in default of the said de- 
 fendants A. C. and M. C, their paying unto the said plains 
 tiffs such principal, interest, and costs as aforesaid, it is 
 ordered and decreed, that the said defendants A. C. and 
 M. C. do from thenceforth stand absolutely debarred and 
 foreclosed, &c. {See decree for foreclosure, No. XXXVI. 
 ante.) But in case the said H. M. shall redeem the said 
 plaintiffs, then it is ordered and decreed, that the said Master 
 do compute what is due to the said defendant H. M. for prin- 
 cipal and interest in his mortgage, and tax him his costs of 
 this suit'; and do also compute interest for what the said de- 
 fendant H. M. shall so pay unto the plaintiffs for principal, 
 interest, and costs as aforesaid. And upon the said defend- 
 ants A. C. and M. C. their paying unto the said defendant 
 H. M. what shall be so reported due to him for principal, 
 interest, and costs in his mortgage as aforesaid, together 
 with what he shall so pay unto the plaintiffs as aforesaid, 
 with interest for the same, within three months after the said ' 
 Master shall have made his subsequent report, at such time, 
 &c. it is ordered and decreed that the said defendant H. M. 
 do convey and assign the said mortgaged premises, free, &c. 
 and do deliver up all deed, &c. to the said defendants A. C. 
 and M. C, or to whom they shall appoint. But in default 
 
DECREES. 407 
 
 of the said defendants A. C. and M. C, their paying unto CH. i. 
 the said defendant H. M. such principal, interest, and costs 
 as aforesaid, by the time aforesaid, then the said defendant 
 H. M. is to be at liberty to apply to the Court to have the 
 said mortgaged premises sold. And for the better closing of 
 the accounts aforesaid, all parties are to produce, &c. 
 
 XLI. Decree establishing lien on real estates. 
 
 Jt is ordered, &c., that the plaintiff has a lien upon the re- 
 version of the said estates, for the money paid by the plain- 
 tiff to John Manners or his representatives, in discharge of 
 the several bonds entered into by him and John Martindale 
 in the bill named, bearing date, &c. to the said John Manners. 
 And it is ordered that it be referred to Mr. P., one, &c., to take 
 an account of what is due to the plaintiff for principal and 
 interest of the money so paid by the plaintiff in satisfaction 
 and discharge of the said bonds. And it is ordered that the 
 defendant do pay to the plaintiff what shall be reported due 
 to him within one month after the Master shall have made his 
 report. And in case the defendant shall not pay to the plain- 
 tiff what shall be reported due to him on the said account 
 within the time so limited for the payment thereof, it is order- 
 ed, that the money which shall be so reported due to the plain- 
 tiff, be raised by mortgage or sale of the said freehold, lease- 
 hold, and copyhold estates, with the approbation of the said 
 Master, and as he shall direct ; and in case the said money 
 shall be raised by sale, it is to be to the best purchaser, &c. ; 
 and all proper parties are to join in such mortgage or sale as, 
 &c. and are to produce, &c. ( See usual directions No. IX. 
 ante.) And it is ordered that the money to be raised be paid 
 into Court. {See usual directions, No. XIII. ante.) And it is 
 ordered that the money so to be raised be applied in payment 
 of what shall be found due to the plaintiff as aforesaid. And 
 for the better taking of the accounts before directed, &c. 
 {See usual directions, No. III. ante.) And the Court doth 
 reserve the consideration of the costs of this suit, and all fur- 
 ther directions until after, &c. ( See usual directions, Nos. X V. 
 and X VI. ante.) And any of the parties are to be at liberty 
 to apply, &c. ( See usual directions, No, XIX. ante.) 
 
408 EQUITY PRECEDENTS. 
 
 CH. I. XLII. Decree for foreclosure oti bill by equitable mortgagee. 
 
 (The original suit was against the mortgagor, and, upon 
 his death, was revived against the defendant Mill, his heir-at- 
 law. The defendant Arnold was a purchaser with notice.) 
 
 It is ordered that it be referred to W. P., one, &c., to take 
 an account of what is due to the plaintiff from J. M., for prin- 
 cipal and interest on his securities in the pleadings mention- 
 ed, and to tax him his costs of this suit. And it is ordered, 
 that the said Master do also tax the defendant J. M., the in- 
 fant, his costs of the supplemental suit. And it is ordered, 
 that such costs be paid by the plaintiff, and added to his own 
 costs. And upon the defendant A. A. his paying unto the 
 plaintiff what shall be reported due to him for principal, in- 
 terests, and costs, and the costs he shall so pay to the defend- 
 ant J. M., within six months after, &c., at such time and 
 place, as, &c.; it is ordered, that the plaintiff do convey the 
 said premises free, &c., and deliver all deeds and writings, 
 &c., to the said defendant A. A., or as, &c. But in default 
 of the said A. A. his paying unto the plaintiff what shall be 
 found due to him for principal, interest, and costs, as afore- 
 said, by the time aforesaid, the said defendant is from thence- 
 forth to stand absolutely debarred and foreclosed, &c. (See 
 decree for foreclosure, No. XXXVI. ante.) And it is ordered, 
 that he do convey and procure all proper parties to join in 
 conveying the same to the plaintiff and his heirs, or as he shall 
 appoint, free from all incumbrances done by him, or any claim- 
 ing by, from, or under him, and deliver on oath all deeds, 
 papers, and writings, in his custody or power relating thereto 
 to the plaintiff, or as he shall appoint. And it is ordered, 
 that the said Master do settle such conveyance. And it is 
 ordered that the said A. A. do deliver up possession of the 
 said estates to the plaintiff, or as he shall direct. And for 
 better taking the accounts, &c. ( See usual directions, No. IIL 
 ante.) And this decree is to be binding on the said defend- 
 ant J. M. the infant, unless, &c. ( See decrees respecting in- 
 fants, post.) And any of the parties are to be at liberty to 
 apply, &c. ( See usual directions, No. XIX. ante.) 
 
DECKBBS. 409 
 
 XLIII. Decree for sale on bill by equitable mortgagee. CH. I. 
 
 This Court doth order and decree, that it be referred to Mr. 
 A. one, 66C., to take an account of what is due to the plaintiff 
 for principal and interest on the sum of $500, in the plead- 
 ings mentioned, and to tax the plaintiff his costs of this suit. 
 And it is ordered, that the defendant do pay the plaintiff what 
 the said Master shall find due for principal, interest, and costs 
 as aforesaid, within six inonths after the said Master shall 
 have made his report, at such time and place as, &c. And 
 upon such payment it is ordered, that the plaintiff do deliver 
 up to the defendant the indenture of lease in the pleadings 
 mentioned, dated, &c. And in default of the defendant so 
 paying to the plaintiff what shall be found due to him for prin- 
 cipal, interest, and costs as aforesaid, by the time aforesaid, 
 it is ordered, that the premises comprised in the said indent- 
 ure of lease, be sold, &c. ( See usual directions, No. VIII. 
 ante.) And it is ordered, that the money arising by the said 
 sale be paid into the Court, with the privity, &c. ( See usual 
 directions, No. XIII. ante.) And it is ordered, that the same 
 be applied in payment of what shall be found due to the 
 plaintiff for principal, interest, and costs as aforesaid. And 
 for the -better taking the said accounts, &c. ( See usual direc- 
 tions, No. III. ante.) And this Court doth reserve the consid- 
 eration of all further directions until after, &c. (See usual 
 directions. No. X V. ante.) And any of the parties are to be 
 at liberty to apply, &c. ( See usual directions. No. XIX. ante.) 
 
 XLIV. Decree for redemption of goods pledged. 
 
 (The plaintiff was the assignee of W. C, the bankrupt.) 
 
 It is ordered, &c. that it be referred to Mr. H. one, &c. to 
 take an account of what remained due on the, &c. the date 
 of the last note exhibited in' this cause for principal and in- 
 terest of the money advanced and lent by the defendant 
 Westbrooke to the said W. C, the bankrupt, on the pledge 
 of the jewels, plate and effects mentioned in the original note 
 from the defendant to the said W. C. dated, &c. and to carry 
 35 
 
410 EQUITY PRECEDENTS. 
 
 CH. I. on interest on so much of the principal as remained due. 
 And it is further ordered, that the said Master do likewise 
 take an account of the said jewels, plate, and effects, speci- 
 fied in the last-mentioned note, and see which of them remain 
 in specie in the custody or power of the defendant, and what 
 part thereof hath been sold or otherwise disposed of by the 
 defendant. As to such part thereof as hath been so sold or 
 disposed of, it is further ordered, that the said Master do take 
 an account of the real value thereof: and that the value of 
 such part thereof, as hath been so sold or disposed of by the 
 defendant be applied in the first place towards paying the 
 interest, and then towards sinking the principal, of what shall 
 be so found to have been due to the defendant for the money 
 lent or advanced by him as aforesaid. And if upon the bal- 
 ance of the said account, anything shall be found to remain 
 due to the defendant for principal or interest, then on pay- 
 ment thereof by the plaintiff to the said defendant at such 
 time and place as the said Master shall appoint, it is further 
 ordered that the defendant do deliver to the plaintiff such part 
 of the said jewels, plate, and effects, as shall be found to re- 
 main in specie. But in default of such payment by the plain- 
 tiff to the defendant as aforesaid, it is further ordered that 
 the said plaintiff's bill do from thenceforth stand dismissed out 
 of this court with costs to be taxed by the said Master. And 
 in case it shall appear on the said account that the defendant 
 is overpaid his said principal and interest, then it is further 
 ordered that the said defendant do pay to the plaintiff so 
 much as shall remain due to the plaintiff on the said account, 
 and also to deliver to the plaintiff such part of the said jewels, 
 plate, and effects, as shall remain in specie, to be applied as 
 part of the personal estate of the bankrupt, for the benefit of 
 the creditors seeking relief, under the said commission. And 
 the Court doth reserve the consideration of interest of any 
 money that may be found due from the defendant to the 
 plaintiff, in case there shall be any such, and also the consid- 
 eration of costs, till after the said Master shall have made his 
 report. And for the better taking of the aforesaid accounts, 
 &c. (See usual directions, No., III. ante.) And any of the 
 parties to be at liberty to apply, &c. ( See usual directions, 
 No. XIX. ante.) 
 
DBCKEES. 411 
 
 DECREES FOR PARTITION, AND TO SETTLE BOUNDARIES. CH. I. 
 
 • 
 
 XLV. Decree for partition. 
 
 It is ordered, &c. that a partition be made of 
 
 , in two moieties, between the plaintiff and defendant, 
 E. M, and J. M. And that a commission or commissions do 
 issue, directed to certain commissioners to be therein named 
 for that purpose ; and if the parties differ about the number of 
 commissions to be issued, or any other matter relating to the 
 issuing of such commission or commissions, the said Master 
 is to settle the same between them. And it is ordered that 
 the said commissioners do respectively make a division xjf 
 with the appurtenances, into two equal moieties, 
 and make the same by metes and bounds where they shall 
 see occasion. And all deeds and writings, relating to the 
 said estates, in the custody or power of any of the parties, 
 are to be produced before the said commissioners upon oath, 
 as the said commissioners shall direct. And it is further or- 
 dered, that the said commissioners do examine witnesses on 
 interrogatories, or otherwise, relating to the matters in ques- 
 tion as they shall think fit. And that the said commissioners 
 do allot one moiety of the said estate to the plaintiff, to be 
 enjoyed by him in severalty ; and one other moiety thereof 
 to the said defendant, the infant, to be enjoyed by him in 
 severalty. And after such partition shall have been so made, 
 it is further ordered, that the said plaintiff and the said de- 
 fendant do convey such several moieties to each other respec- 
 tively, to be held in severalty. And if the parties differ about 
 the conveyances and assurances to be executed for that pur- 
 pose, the said Master is to settle the same. And after the 
 commissioners shall have made such partition and returned, 
 the same, it is further ordered, that such of the deeds and 
 vsrritings in the custody or power of any of the parties as re- 
 late to such part of the premises as shall by such division be 
 allotted to either of the parties alone, be delivered to them 
 respectively ; and as to those that concern any parts of the 
 premises that shall be so allotted to one of the said parties 
 jointly with those allotted to the other, any of the parties are 
 to be at liberty to apply to the Court for directions concern- 
 
412 EQUITY PRECEDENTS. 
 
 CH. I. ing the same. And it is further ordered, that the costs of the 
 partition before directed, be borne in equal moieties between 
 the plaintiff and the defendant. • 
 
 XL VI. Decree for partition with reference to ascertain shares. 
 
 It is ordered, &c. that it be referred to Mr. B., one, &c., to 
 see what shares the several defendants are respectively enti- 
 tled to of the estates in question. And it is ordered and 
 decreed that a commission do issue, directed to certain com- 
 missioners to be therein named, to make a partition of the 
 said lands between the said defendants, according to the 
 shares the Master shall find they are respectively entitled to. 
 And the Court doth reserve the consideration of the costs of 
 this suit, and of all further directions, until after the said Mas- 
 ter shall have made his report, and the return of the said 
 commission. 
 
 Direction where shares in settlement. 
 
 And in case the Master, in making the aforesaid inquiries, 
 shall find that the shares of the said several parties, or any of 
 them, are comprised in any marriage settlements, it is ordered, 
 that the several allotments to be made to them as aforesaid 
 be subject to the uses of the said settlements respectively. 
 
 XLVII. Commission of partition. 
 
 To James Taylor, &c., greeting. Whereas by a decree 
 pronounced in our Honorable Court of C. bearing date the 
 8th day of July, 1783, and made upon the hearing of a cer- 
 tain cause depending in our said Court, wherein A. C. and 
 J. A. C. Esquires, are complainants, and T. L. Esq. is defend- 
 ant, it was ordered and decreed, that a commission should 
 issue, &c. Now, know ye, that we, in confidence for your 
 prudence and fidelity, have appointed you, and do by these 
 presents give full power and authority unto you, any three 
 or two of you, and hereby command you, that any three or 
 two of you do meet together at certain proper and convenient 
 
DECREES. 413 
 
 times and places, by you, any three or two of you, to be for CH. i. 
 that purpose appointed ; and that you, any three or two of 
 you, do from thence, go to, enter upon, walk over, and sur- 
 vey the estate in question, in the said decree and pleadings 
 in this cause mentioned, and according to the best of your 
 skill, knowledge, and judgment, make a fair partition, divis- 
 ion, and allotment thereof, and the same separate,'set apart, 
 and divide, and allot and appoint one moiety thereof, as and 
 for the share of the said complainants, and the other moiety 
 thereof as'and for the share of the said defendant, to be held 
 and enjoyed by the said complainants and the said defend- 
 ant in severalty ; and the parts so divided to distinguish and 
 separate by certain metes and bounds. And for the better 
 making such division, we do hereby authorize and empower 
 you, any three or two of you, to cause all such witnesses as 
 you shall see occasion for, to come before you, and then and 
 there examine each and every of them apart, upon their re- 
 spective corporal oaths, first taken before you, any three or 
 two of you, upon such interrogatories in writing, as you shall 
 see occasion for, to discover and make out the truth of the 
 premises, and to take the depositions of such witnesses in 
 writing, and cause the same to be plainly and fairly engrossed. 
 And when ye have done and performed all these things, ye 
 
 shall certify and return into our Court of , without 
 
 delay, wheresoever our said Court shall then be, the facts and 
 proceedings in the premises, by your certificate fairly written, 
 together with the said examinations and interrogatories, and 
 also this writ closed up, under the seals of you, any three or 
 
 two of you. Witness at the day of , 
 
 in the year . 
 
 DECREES FOR SPECIFIC PERFORMANCE. 
 
 XLVm. Decree for reference of title. 
 
 It is ordered, &c. that it be referred to Mr. W., one, &c., 
 
 to inquire whether a good title can be made to the estates 
 
 comprised in the agreement in the pleadings mentioned. 
 
 And it is ordered, that he do state his opinion thereon to the 
 
 35* 
 
414 • EQUITY PRECEDENTS. 
 
 CH. I. Court. And in case he shall be of opinion that a good title 
 can be made, it is ordered, that he do inquire and state when 
 it was first shewn that a good title could be made. And for 
 the better discovery of the matters aforesaid, &c. (See usual 
 directions, No. II. ante.) And this Court doth reserve the 
 consideration of all further directions, and of the costs of this 
 suit, until' after the said Master shall have made his report. 
 And either of the parties are to be at liberty to apply, 6cc. 
 ( See usual directions, No. XIX. ante.) 
 
 XLIX. Decree for specific performance. — Further directions. 
 
 This Court doth order and decree, that the agreement in 
 the pleadings mentioned, dated the 23d day of September, 
 1812, be specifically performed and carried into execution. 
 And it is ordered, that it be referred to the said Master to 
 compute interest, at the rate of $4 per cent, per annum on 
 
 the sum of $ , the residue of the purchase-money for 
 
 the estate and premises comprised in the said agreement, 
 from the 30th day of November, 1812, the time when the 
 same ought to have been paid, according to the terms of the 
 said agreement. And the said Master is to take an account 
 of the rents of the said estate and premises received by or 
 come to the hands of the plaintiff, or to the hands of any per- 
 son or persons by his order or for his use. And it is ordered, 
 that what shall be coming on the said account of rent (after 
 
 deducting therefrom the sum of f , the moiety of the 
 
 tax which by the said conditions is to be paid by the defend- 
 ant) be deducted from the sum of $ , and what shall 
 
 be found due for interest thereon as aforesaid. And upon 
 the plaintiff executing and delivering to the defendant, at the 
 expense of the defendant, according to the said agreement 
 and conditions of sale, a proper conveyance of the said estate 
 and premises contained in the said agreement, such convey- 
 ances to be settled by the said Master if the parties differ 
 about the same, it is ordered, that the defendant do pay unto 
 the plaintiff what shall remain due on the balance of the said 
 account. And the Court doth not think fit to give any costs 
 on either side. And any of the parties are to be at liberty to 
 apply, &c. ( jSee usual directions, No. XIX. ante.) 
 
DECREES. 415 
 
 L. Decree for specific performance with an abatement. 
 
 The Court doth declare that the plaintiff is entitled to a 
 specific performance of the agreement in the pleadings men- 
 tioned, and to an abatement from the residue of the pur- 
 chase-money and interest, but to the amount only of what 
 would be the worth of the deficiency of the soil mentioned 
 in the pleadings covered with wood, after deducting the 
 value of the wood thereon, and doth order and decree the 
 same accordingly. And that it be referred to Mr. T. one, 
 &c. to settle such abatement, and to compute interest on the 
 
 residue of such purchase-money after the rate of f per 
 
 cent, per annum, in case the parties differ about the same. 
 And upon the plaintiff paying unto the defendants what the 
 said Master shall find to be due from him on account of the 
 purchase-money under the said agreement stipulated to be 
 •paid, after such abatement as aforesaid, it is ordered that the 
 defendants do convey and assign the premises so contracted 
 to be sold, to the plaintiff, or as he shall direct ;• such con- 
 veyance to be settled by the said Master in case the parties 
 differ about the same. And the Court doth not think fit to 
 give costs on either side. And any of the parties are to be 
 at liberty to apply, &c. {See usual directions, No. XIX. 
 ante.) 
 
 LI. Decree for specific performance of agreement for lease. 
 
 The Court doth declare that the said agreement dated the 
 14th day of August, 1741, ought to be carried into execution, 
 according to the true intent and meaning of the parties, and 
 doth order and decree the same accordingly. And that a 
 lease be executed by the defendants S. and his wife to the 
 plaintiff, of the premises in question, with the appurtenances, 
 for the life of the said Mary the defendant's wife, at the 
 yearly rent of $9 free from taxes ; and that such clauses 
 and agreements be inserted in the said lease as are directed 
 by the memorandum of the said agreement. And if the 
 parties differ it is hereby referred to Mr. B. one, &c. to settle 
 the same. And it is ordered, that the said plaintiff do exe- 
 cute a counterpart of such lease to the said defendants, and 
 
 CH. I. 
 
416 EQUITY PEECBDENTS. 
 
 ^H. I. that such lease and counterpart be at the equal expense of 
 the said plaintiff" and defendants. And it is ordered, that the 
 plaintiff" do pay the said defendants their costs of this suit, 
 to be taxed by the said Master. 
 
 DECREES FOR SETTING ASIDE DEEDS. 
 LII. Decree setting aside annuity for defect of the memorial. 
 
 It is ordered, &c. that it be referred to Mr. S. one, &c. to 
 take an account of what is due to the defendant for principal 
 
 and interest in respect of the sum of $ , paid for the 
 
 purchase of the annuity in question, and tax the defendant 
 his costs of this suit. And the said Master is also to take 
 an account of all sums of money received by the defendant, 
 or by any other person or persons by his order or for his 
 use, on account of the said annuity. And it is ordered, that 
 what shall be found due from the said defendant on the said 
 account be deducted out of what shall be found due to the 
 defendant for principal, interest, and costs as aforesaid. And . 
 upon the plaintiff's paying to the defendant what, if any 
 thing, shall remain due to the defendant for principal, in- 
 terest, and costs as aforesaid, within three months after the 
 Master shall have made his report, at such time and place as 
 the Master shall appoint, or in case it shall be found the 
 defendant hath been fully satisfied, it is ordered that -the de- 
 fendant do deliver to the plaintiffs the indenture, dated the 
 9th day of July, 1784, and the bond dated the same day, to 
 be cancelled ; and that the defendant do also reconvey the 
 premises free and clear of and from all incumbrances done 
 by him,' or any claiming by, from, or under him, out of which 
 the said annuity was payable to the plaintiff", or to whom he 
 shall appoint ; and also deliver all deeds and writings in his 
 custody or power relating to the said premises to the plain- 
 tiff, or to such person as he shall direct. And in case it shall 
 appear that the defendant hath been overpaid, it is ordered, 
 that he do pay such overplus to the plaintiffs. And in case 
 the plaintiff" shall not so pay to the defendant what, if any 
 thing, shall be found due to him for principal, interest, and 
 
DECREES. 417 
 
 costs as aforesaid, after such deductions as aforesaid, by the CH. i. 
 time aforesaid, the plaintiff's bill is to stand dismissed out of 
 this Court with costs, to be taxed by the Master. And for 
 the better taking the aceount, &c. (See usual directions, 
 No. III. ante.) And any of the parties are to be at liberty 
 to apply, &c. ( See usual directions, No. XIX. ante.) 
 
 DECREES RESPECTING PARTNERS. 
 
 LIII. Decree for an account of partnership dealings. 
 
 It is ordered, that it be referred to Mr. A. one, &c. to take 
 an account of the partnership dealings between the plaintiff 
 and the defendant, from the foot of the account, stated the 
 25th day of December, 1736, except as to the item relating 
 to the value of the lease of the house in question. And as 
 to the said lease, the said Master is to set a value thereon at 
 the time of the dissolution of the partnership. For the better 
 discovery whereof, &c. ( See usual directions, No. III. ante.) 
 And what upon the balance of the said account shall appear 
 to be due from either party to the other, is to be paid accord- 
 ingly. _ And the defendant is to pay unto the plaintiff one 
 moiety of the value that shall be set upon the said lease, as 
 aforesaid ; and thereupon the plaintiff is to release his in- 
 terest therein to the defendant ; and the defendant is to in- 
 demnify the plaintiff against the covenants contained in the 
 said lease ; which release is to be settled by the said Master, 
 in case the parties differ about the same. And the considera- 
 tion of the costs of this suit is hereby reserved until after, &c. 
 ( See usual directions, ante.) 
 
 LIV. Decree for account of assets of deceased partner. 
 
 It is ordered, that the said Master do take an account of 
 what was due at- the time of the death of the said W. D. 
 deceased, from the partnership of W. D. deceased, J. D., 
 W. N., R. H. C, and R. B., to the plaintiff T. B., as exe- 
 cutor of J. W. in the said bill mentioned, and to E. S. re- 
 
418 EQtriTY PRECEDENTS. 
 
 CH. I. spectively ; and also what was due to all such other persons 
 as were the creditors of the partnership of W. D., J. D., W. 
 N., R. H. C, and B,. B., at the time of the death of the said 
 W. D. ; and also an account of what is now due from the said 
 last-mentioned partnership to the said plaintiff -T. B., as exe- 
 cutor of the said J. W., and to F. S. respectively, and to all 
 such other persons as were creditors of the same partnership 
 at the time of the death of the said W. D., deceased. And 
 the said Master is to compute interest, &c. And it is ordered, 
 that the said Master do inquire whether the said plaintiffs and 
 creditors, or any or either and which of them, continued to 
 deal with the said J. D., W. N., R. H. C, and R. B., after 
 the death, of the said W. D., and what sum or sums of 
 money were or was paid by the said surviving partners to 
 the said plaintiffs and creditors respectively, from the death 
 of the said W. D. to the bankruptcy of the said surviving 
 partners, and what has been since received by them respect- 
 ively ; and whether the said plaintiffs and creditors have, or 
 any or either, and which of them hath, by such subsequent 
 dealing released the estate of the said W. D. from the pay- 
 ment of their respective debts, or what, if any thing, remains 
 due in respect thereof. And in making the aforesaid inqui- 
 ries, the said Master is to state any special circumstancs to 
 the Court, and to make a separate report, or •separate reports, 
 as he may think proper. And for the better taking the said 
 accounts, &c. (See usual directions, No. III. ante.) And 
 the Court doth reserve the consideration of. all further direc- 
 tions until after, &c. (See usual directions, No. XV. ante.) 
 And any of the parties are to be at liberty to apply, &c. 
 ( See usual directions. No. XIX. ante.) ■ 
 
 LV. Decree for administration of joint and separate estates. 
 
 It is ordered, &c. that it be referred to Mr. B. one, &c. to 
 take an account of the partnership estate come to the hands 
 of the said defendants B., P., and M., the assignees of the 
 said defendants S. and M., the bankrupts of the said de- 
 fendant W., who did not become a bankrupt, or any of 
 them, or to the hands of any other person or persons, by 
 their or any of their order, or for their or any of their use. 
 
DEOKEES 419 
 
 And it is ordered, that the said Master do also take an ac- t!H. i. 
 count of the partnership debts, down to the time the said 
 defendants S. and M. became bankrupts. And the plaintiff, 
 and all other the creditors of the said partnership, are to be 
 at liberty to come in and receive a dividend under the said ' 
 commission, in proportion to their debts. And for that pur- 
 pose the said Master is to cause an advertisement, &c. ( See 
 Decrees respecting Personal Assets, ante.) And it is ordered, 
 that the said partnership estate be applied ,in payment of 
 such partnership debts. And the surplus is to be divided 
 into three equal parts, and tv^i'o third parts thereof are to be 
 paid to the said defendants the assignees, to be by them ap- 
 plied in discharge of the separate debts of the said defend- 
 ants S. and M. the bankrupts, and the remaining third part 
 thereof is to be paid to the said defendant W. And it is_ 
 ordered, that the said Master do likewise take an account of 
 the separate estate of the said defendants S. and M., the 
 bankrupts, come to the hands of the defendants B., P., and 
 M., the assignees, or any of them, or to the hands of any 
 other person or persons, by their or any of their order, or for 
 their or any of their use. And the said Master is also to take 
 an account of the separate debts of the said defendants, the 
 bankrupts. And it is ordered, that such separate estate of the 
 said defendants S. and M., the bankrupts, be applied by the 
 said defendants, the assignees, first in discharge of such sep- 
 arate debts, and then in payment of the partnership debts 
 remaining unsatisfied ; the said defendant W. contributing 
 one third part thereof. And in case there shall be any sur- 
 plus of such separate estate, the same is to be paid to the 
 said defendants S. and M. And for the better taking the 
 several accounts before directed, &c. ( See usual directions, 
 No. III. ante.) 
 
 DECREES RESPECTING SURETIES. 
 
 LVI. Decree for contribution against surety and indemnity from principal. 
 
 It is ordered, &c. that it be referred to Mr. E. one, &c. to 
 take an account of all sums of money paid by T. W. deceas- 
 ed, in the pleadings named, and the plaintiffs A. L. and T. W. 
 
420 EQUITY PRECEDENTS, 
 
 CH. I. his executors, or any of them, agreeable to the undertaking 
 in the pleadings mentioned, dated, &c. and compute interest 
 on such sums of money, at the rate of $4 per cent, per an- 
 num, frorn the times the several payments were made, and 
 • tax the plaintiffs their costs of this suit. And it is further 
 ordered, that th^ defendant G. W. do pay unto the plaintiffs 
 one moiety of what shall be found due for principal and in- 
 terest as aforesaid, together with their costs of this suit. 
 And it is further ordered, that the defendant G. W. do pay 
 unto the plaintiffs the other moiety of what shall be found 
 due for principal and interest as aforesaid, and do also pay 
 unto the defendant G. W. the principal and interest before 
 directed to be paid by him to the plaintiffs, together with the 
 costs of the said defendant G. W. to be taxed by the said 
 Master, and also the costs which he shall pay unto the plain- 
 tiffs under the direction before given. And for the better 
 taking of the said accounts, &c. (See usual directions, No. 
 III. ante.) And any of the parties are at liberty to apply, 
 &c. ( See usual directions, No. XIX. ante.) 
 
 DECREES RESPECTING EXECUTORS AND TRUSTEES. 
 
 LVII. Direction in decree where executors admit assets. 
 
 And it is further ordered, that such part of the personal 
 estate of the said testator, as shall upon the said account ap- 
 pear to have come to the hands of the said T. be, answered 
 by the defendants R. and A. his executors, they having admit- 
 ted assets of their said testator. 
 
 LVni. Where assets not admitted. 
 
 And whaj; shall appear to have been received by the said 
 J. H. the son, of the said J. H. the father's personal estate, is 
 to be answered by the said defendants F. and T. his execu- 
 .tors out of his assets in a course of administration. And if 
 they shall not admit assets of the said J. H. the son, before 
 the Master, then they are to come to an account before the 
 
DECREES. • 421- 
 
 said Master for his personal estate received by them or either ^^- i- 
 of them, or by any other person, by their or either of their 
 Order, or for their or either of their use. 
 
 LIX. Direction in decree against executors, charging them with interest on 
 
 balances. 
 
 And the said Master is to take an account of the moneys 
 and estate of the said testator, which remained in the hands 
 of his executors, or either of them, unapplied, at the end of 
 twelve months from his death ; and also an account of all 
 sums of money received by them or either of them, or by any 
 other person or persons by their or either of their order, or for 
 their or either of their use, subsequent to that tylie ; and is 
 to compute interest at the rate of $4 per cent, per annum on 
 the balances in their or either .of their hands at the end of the 
 said twelve months. And the said Master, in taking the said 
 accounts, is to make half-yearly rests ; and charge the said 
 defendants with interest after the rate aforesaid, upon the 
 balances which shall appear from time to time to have been 
 in their hands respectively. 
 
 LX. Decree for appointment of new trustees. 
 
 It is ordered, &c., that it be referred to Mr. S., one, &c., to 
 approve of two new trustees in the room of the said defend- 
 ant. And it is ordered and decreed, that the said defendant 
 do assign and transfer the trust estate vested in her by the 
 
 said indentures, and also the mentioned in her answer, 
 
 to such new trustee to be approved of by the said Master, 
 upon the same trusts, and subject to the trusts mentioned in 
 the said indenture of release, dated the 9th of January, 1728 ; 
 and such assignment is to be settled by the said Master, in 
 case the parties differ about the same. And it is ordered and 
 decreed, that the said defendant do deliver over to such new 
 trustees all deeds and writings in her custody or power re- 
 lating to the said trust estate. And it is ordered that the 
 plaintiffs do pay unto the defendant her costs of this suit, 
 to be taxed by the said Master. And any of the parties are 
 to be at liberty to apply, &c. ( See usual directions, No. XIX. 
 ante.) 
 
 36 
 
422 • EQUITY PRECEDENTS. 
 
 CH. I. LXI. Decree against trustees for account of charity estates and inquiry as 
 
 to leases. 
 
 It is ordered, &c., that it be referred to Mr. S. one, &c., to 
 inquire what were the estates subject to the charitable uses 
 created by the deeds dated, &c. in the pleadings stated. And 
 it is ordered that the said Master do take an account of the 
 rents and profits of such estates, and of the fines taken for 
 the renewals of the leases thereof, to the hands of the defend- 
 ants, or any person or persons by their order or for their use, 
 and to state at what times such fines were received, and in 
 what manner the same and the rents and profits have been 
 applied. And it is ordered that the said Master do inquire 
 whether th^said estates have been properly let ; and if he shall 
 be of opinion that the same have not been properly let, he is 
 to inquire whether it will be proper to take any, and if any, 
 what steps to set aside the leases so improperly made ; and 
 he is to state his opinion thereon to the Court. And it is 
 ordered, that the said Master do approve of a scheme, &c. 
 And it is ordered, that the said Master do appoint proper per- 
 sons to be feoffees or trustees of the charity estates ; and in- 
 quire in whom the legal estate therein is vested." And for the 
 better taking the said account, &c. ( See usual directions, No, 
 III. ante.) And it is ordered that the said Master do tax the 
 relator his costs of this suit to the time, and make a separate 
 report thereof ; and it is -ordered, that such costs when taxed 
 be paid by the defendants out of the money in their hands 
 on account of the charity estates. And the Court doth 
 reserve the consideration in what manner the same shall ulti- 
 mately be paid, and also the consideration of all further direc- 
 tions, and of the rest of the costs of this suit, until after, the 
 said Master shall have made his general report. And any of 
 the parties are to be at liberty to apply, &c. [See usual 
 directions, No. XIX. ante.) 
 
DECREES. 423 
 
 DECREES RESPECTINGf FEMES COVERT. ^H. I. 
 
 LXII! Decree on consent of feme covert. — Introductory part. 
 
 Whereupon, and upon debate of the matter, and hearing 
 the said testator's will, &c. read, and what was alleged, &c. 
 and the plaintiff J. H. being now present in Court and exam- 
 ined, consenting that her share of the said shall be 
 
 transferred to E. H. her husband, the Court doth order and 
 decree that, &c. 
 
 LXin. Order for taking the consent of a feme covert by commissioners. 
 
 It is ordered, &c. that the said plaintiff S. E. do attend 
 M. R. &c. Esqrs. or any two of them, and declare before 
 them by writing under her hand, whether she does consent 
 
 that her moiety of the said shall be transferred to the 
 
 said E. E. her husband. And they, or any two of them, are 
 desired to examine her separate and apart from the said E. 
 E. her husband, concerning the same ; and to attest, under 
 their hands, such declaration in writing as shall be made and 
 signed by' her. And it is further ordered, that the signing of 
 the said plaintiff S. E., and the attestation of the said M. R. 
 &c. or any two of them, be verified by affidavit, to be made 
 before a Master in Chancery, and thereupon such further 
 order shall be made as shall be just. 
 
 LXIV. Direction for settlement on wife. 
 
 And it is ordered that the said Master do inquire and state 
 to the Court, .whether the plaintiff R. C. has made any set- 
 tlement on, or provision for the plaintiff S. his wife, and the 
 issue of their marriage ; or entered into any agreement for 
 that purpose. And in case the said Master shall find that 
 he has not, or having made any such, the said Master 
 should not approve the same, then it is ordered that the said 
 plaintiff R. C. be at liberty to lay proposals before the said 
 Master for that purpose. And it is ordered that the said 
 Master do state the same with his opinion thereon to the 
 Court. 
 
424 EQUITY PRECEDENTS. 
 
 CH. I. LXV. Decree for dower in freehold and copyhold lands. 
 
 It is ordered, &c. that it be. referred to the said Master to 
 inquire what freehold lands the said ,S. M. died seised of, 
 wherein the said plaintiff B. M. is dowable. And that the said 
 Master do assign to the plaintiff B. her dower in such free- 
 hold lands and tenements. And the said Master is to assign 
 and set out particular lands and tenements for that purpose, 
 and after the lands and tenements shall be set out and ascer- 
 tained, it is ordered, that the said defendant do deliver pos- 
 session to the plaintiff of the lands and tenements that shall 
 be so set out and ascertained for the said dower or widow's 
 estate. of the plaintiff B. ; and the tenants thereof are to 
 attorn and pay their rents to the said plaintiff B. And it is 
 ordered and decreed, that the said Master do take an account 
 of the rents and profits of the said freehold lands and tene- 
 ments whereof the said S. M. died seised, accrued since the 
 death of the said S. M., which have been received by the 
 said defendant, or by any other person by his order or for his 
 use. And that one third part of what shall be coming on 
 the said account of rents and profits of such freehold lands 
 and tenements be paid to the plaintiff B. by the said defend- 
 ant in respect of her dower out of such lands and tenements. 
 And for the better clearing of the accounts, &c. ( See usual 
 directions, No. III. ante.) And it is ordered that the defend- 
 ant do pay unto plaintiff B. M. her costs of this suit to this 
 time, to be taxed by the said Master, of which the said 
 Master is to make a separate report. And the Court doth 
 Deserve the consideration of the subsequent costs as between 
 the plaintiff B. and the said defendant until after, &c. 
 
 LXVI. Commission to assign and set out dower. 
 
 To , greeting : Know ye, that we, in confidence of 
 
 your prudence and fidelity, have appointed you, and by these 
 presents do give unto you, any three or two of you, full 
 power and authority, in pursuance of an order of our Court 
 of Chancery, made in a certain cause there depending, 
 wherein A. B. is complainant, and C. D. defendant, bearing 
 date the day of • last, to. assign and set .out 
 
DECREES. 425 
 
 dower for the aforesaid complainant, out of all and singular CH. i. 
 the lands and tenements, being lately the estate of ■ 
 
 ) 
 
 deceased, in the ,said order mentioned, called , And 
 
 therefore we command you, any three ortwoof you, that 
 you meet at a certain time and place to be appointed by 
 you for that purpose, in order to come unto, inspect, and 
 view the aforesaid estate, lands and premises, wheresoever 
 they shall be found to be situate, lying, or being ; and ac- 
 cording to the best of your skill and judgment, do assign 
 and set out dower for the said complainant, out of the afore- 
 said farm, lands, and premises ; and doing in all and singu- 
 lar the premises, according to the true intent and meaning of 
 these presents and the aforesaid order. And when you shall 
 have thus done, that you transmit unto us, in our said Court 
 of Chancery, wheresoever it shall be, your certificate' con-, 
 cerning. the said complainant's dower engrossed, together 
 with your proceedings in the premises as is usual, with this 
 writ. 
 
 .DECREES RESPECTING INFANTS. 
 
 LXVn. . Direction for day to shew cause against decree. 
 
 And this decree is to be binding unto the said defendant 
 R. S. the infant, unless he being served with a subpoena to 
 shew cause against the" same, shall within six months after 
 he shall attain his age of twenty-one years shew unto this 
 Court good cause to the contrary. 
 
 LXVIII. Direction for parol to demur.. 
 
 And in case the said intestate's personal estate shall not 
 be sufficient to pay his debts, then the plaintiff is to be at 
 liberty to apply to the- Court touching the receiving a satis- 
 ftlction for the same out of real assets of the said intestate, 
 when the defendants, the infants, shall come of age.* 
 
 * Parol Demurring. — At law, where an infant heir is sued on a specialty of his 
 ancestor, the parol demurs {i. e. he may plead that he is an infant^ and that he ought 
 not to answer until he is of age.) See Com. Dig. " Enfant." (D.) 3. Pleader, 2 (E.) 
 3. Chitty on Pleading, vol. ii. p. 520. m 
 
 And where the lands in fee descend to an infant, the pairol demurs in equity as well 
 
 36* 
 
426 EQUITY PRECSBENTS. 
 
 CH. I. LXTX. Direction for marshalling assets where defendant an infant. 
 
 And in case the said intestate's personal estate shall not 
 be sufficient for that purpose, and the said intestate's spe- 
 cialty creditors shall exhaust any part of his personal estate 
 in satisfaction of their demands, then it is ordered that the 
 said intestate's simple contract creditors are entitled to come 
 in and receive a satisfaction pro tanto out of his real assets. 
 And the parties are to be at liberty to apply to this Court 
 for satisfaction of their demands out of the real estate, when 
 the defendant J. P. shall attain his age of twenty-one years. 
 
 LXX. Decree for sale against infants. 
 The Court doth declare the will of the said testator W. W., 
 
 as at law. Chaplin v. Chaplin^ 3 P. W. 368. And see Lechmere v. Brasier, 2 J. & 
 W. 290. 
 
 Hence, where real estate descends to an infant heir, and bond creditors file a bill for 
 satisfaction of their debts, no sale can take place till the heir comes of age. Lech- 
 mere 1). Brasier, supra. 
 
 So on a bill to martial assets against an infant heir, the Court will declare the right, 
 but will not decree a satisfaction out of the real estate, until the infant comes ■of age'. 
 Wilson 0. Pollard, Appendix (1.) And see what is said by Mr. Hart, in Pott «. Gal- 
 lini, 1 S. & S. 209. 
 
 In Powell V. Eobins, 7 Ves. 211, on a bill to marshal assets against an infant devi- 
 see, the Master of the Rolls declared the right, but did not ■direct a sale. But in 
 Plasliett «. Beebj', i E. E. 485, it was held that where an infant devisee is sued under 
 the statute, 3 W. & M. c. 14, the parol does not demur. 
 
 In Lechmere v. Brasier, supra, the Lord Chancellor thought that in the case of the 
 heir of a trader sued under the statute 47 Geo. 3, Sess. 2, c. 74, the parol might demur. 
 But a sale was afterwards directed. See S. C. 1 Euss. 72. 
 
 Where lands descend to an infant, subject to a trust for sale, the parol does not 
 demur, and a sale will be directed, with a day to shew cause. Uvedale v. Uvedale, 
 3 Atk. 117. And see Davison v. Goddard, Gilb. 66. But see Soarth v. Cotton, Ca. 
 tern. Talb. 198. S. C. Jao. 635, note. 
 
 So where lands descend subject to a charge of debts. Hatgrave v. Tindal, 1 Bro. 
 136, note. Or of Legacies. Mould ». Williamson, 2 Cox, 386. Pope «. Gwyn, 2 Dick. 
 683. And see Decree for Sale against Infant, No. III.'pos*. Or to any equitable lien 
 or charge. Brookfield «. Bradley, Jac. 632. And this, although the suit is instituttd 
 by other creditors. S. C. But a sale cannot be directed on the ground that it will be 
 for the benefit of the infant. S. C. 
 
 Where the heir takes as special occupant, the parol does not demur. Chaplin v. 
 Chaplin, 3 P. W. 368. * . 
 
 Whether, where the trusts of an estate in fee descend to an infant, the parol de- 
 murs. Q,. Creed v. Colville, 1 Vern. 173. 
 
 Where the parol demurs, the Court will appoint a receiver. Sweet v. Partridge, 
 1 Cox, 433. S. C. 1 Di*;. 696. Lechmere v. Brasier, supra. March v. Bennet 1 Vern. 
 428. [This note is taken from Seton on Decrees, p. 269.] 
 
DECREES. 427 
 
 to be well proved, &c. And doth also declare that the de- CH. i. 
 fendants, the infants, the coheirs-at-law of the said testator, 
 are to be considered as trustees for the benefit of the said 
 testator's creditors in respect of the charge for their debts. 
 Arid doth order that it be referred to Mr. E. one, &c. to take 
 an account of what is due to the plaintiffs and the other 
 creditors of the said testator for their debts, and to compute 
 interest, &c. ; and the said Master is likewise to take an 
 account of the said testator's personal esta\;e, which hath 
 been received by the defendant C, his surviving executor, 
 and by the said T., deceased, and the defendants R. and A., 
 the executors of the said T., or any of them, or by any other 
 person,- &c. And such personal estate is to be applied in 
 payment of the said testator's debts in a course of adminis- 
 "tration. And 'it is further ordered that such part of the 
 personal estate of the said testator as shall upon the said 
 account appear to have come to the hands of the said T., be 
 answered by the said defendants R. and A., his executors, &c. 
 And all the creditors of the said testator are to be at liberty 
 to come in before the said Master and prove their debts. 
 And the said Master is to cause an advertisement, &c. And 
 in case the said testator's personal estate shall not be suffi- 
 cient for the payment of his debts, the Court doth declare 
 that the residue of the said testator's debts is a charge on his 
 real estate by virtue of this will, and doth order and decree 
 that so much of the said testator's real estate as shall be suffi- 
 cient for that purpose, be sold with the approbation, &c. And 
 it is further ordered that the money arising by such s^ile, be 
 applied in payment of so much of the said testator's debts as 
 his personal estate, shall not extend to satisfy, and if there 
 shall be any surplus of the .money arising by such sale, the 
 •Court doth declare that the same will belong to the defend- 
 ants, the coheirs-at-law of the said testator, to be equally 
 divided between them. And in case any of the creditors of 
 the said testator shall exhaust, &c. (See decrees respecting' 
 marshalling assets, No. LXIX. ante.) And for the better taking 
 the said accounts, (See usual directions, No. III. ante.) And 
 the defendants, the heirs-at-law of the said testator, are to 
 join in the conveyance of the said estate to any purchaser or 
 purchasers thereof when they shall attain their respective ages 
 of twenty-one years, unless, &c. ( See No. LXVJI. ante.) And 
 
428 EQUITY PRECEDENTS. 
 
 CH. I. in the mean time, it is further ordered that any purchasers of 
 the said estate, or any part thereof, do hold and enjoy the 
 same against the said defendants the coheirs-at-law of the 
 said testator till they shall respectively come of age ; and that 
 all parties be paid their costs of this suit hitherto, to be taxed 
 by the said Master, out of the said testator's estate. And the 
 Court doth reserve the consideration of subsequent costs, tiU 
 after, &c. (See usual directions, No. XV. ante.) And any of 
 the parties are at liberty to apply, &c. ( See usual directions, 
 No. XIX. ante.) And this decree is to be binding- upon the 
 said defendant B., unless, &c. ( See decrees by default, post.) 
 
 LXXI. Decree for sale on bill by mortgagee against infant. 
 [ The bill prayed a sale.] 
 
 It is ordered, &c. that it be referred to Mr. B., one, &c., to 
 take an account of what is due to the plaintiff for principal 
 and interest on his mortgage, and to tax the plaintiff and the 
 defendant their costs of this suit. And, by consent of the 
 plaintiff, it is further ordered and decreed, that the said mort- 
 gaged premises be sold, &c. ( See usual directions, No. VIII. 
 ante.) And out of the money arising by sucK sale the plain- 
 tiff and the defendant are to be paid their costs of this suit, 
 and then the plaintiff is to be paid what shall be reported due 
 to him for principal and interest on his said mortgage. And 
 if there shall be any residue of the said purchase-money, the 
 same is to be laid out, &c. for the defendant the infant's 
 benefit. And the defendant is to be at liberty to apply to 
 this Court for the salme when he shall come .of age. And 
 for the better taking of the said accounts, &c. ( See' usual 
 directions, No. Ill' ante.) And this decree is to be binding 
 upon the defendant, unless, &c. (See No. LXVII. ante.) 
 
 LXXII. Order for guardian aiid maintenance on petition. 
 
 It is ordered, that it be referred to Mr. S., one, &c., to ap- 
 prove of a proper person or persons to be appointed guardian 
 or guardians of the person and estate of the petitioner during 
 
DECKBES. 429 
 
 her minority. And it is ordered, that all proper parties have CH. i. 
 notice to attend the said Master thereon, and be at liberty to 
 propose such guardian or guardians. And it is ordered, that . 
 the said Master do inquire and state the petitioner's age, and 
 the nature and amount of her fortune, and what relations she 
 has, and on what evidence or ground he approves of such 
 person or persons, so to be appointed guardian or guardians. 
 And it is ordered, that the said Master do inquire and state 
 what will be proper to be allowed for the maintenance and 
 education of the petitioner during her minority, and from 
 what past period such allowance should commence, and out 
 of what fund it should be taken. And after the said Master 
 shall have made his report, such further order shall be made 
 as shall be just. 
 
 LXXin. Order for Habeas Corpus for bringing up children. 
 
 It is ordered, &c. that a writ of Habeas Corpus do issue, 
 returnable immediately, directed to the. said E. M. to bring 
 
 before this Court the bodies of L. D. and L. R. N. at , 
 
 on the 19th instant, at 11 o'clock. 
 
 LXXIV. Order on Habeas Corpus for delivery of children to father. 
 
 It is ordered, &c. that the bodies of the said L. D. and 
 L. R. N., the children of the said E. W., be delivered to him. 
 
 LXXV. Order for Habeas Corpus for bringing up children on application 
 
 of father. 
 
 It is ordered, &c. that a writ of Habeas Corpus do issue, 
 directing the said defendants G. B. and M., his wife, to bring 
 into this court the plaintiffs M. L., F. L. and J. B. L. the 
 infant children of the said J. L. at the sitting of this Court, 
 at , on the 10th of February next. 
 
 LXXVI. AVrit of Habeas Corpus in the above case. 
 
 To G. B. and M. his wife, greeting. We command you, 
 that you do on Thursday, the 15th day of February next, 
 
430 EQUITY PEECEDBNTS. 
 
 CH. I. bring before us in our Court of Chancery, at the sitting. 
 
 thereof at , the bodies of M; L., F. L., and J. B. L., 
 
 or by whatsoever name or addition they are known or called, 
 who are detained in your custody, to perform and abide such 
 order as our said Court shall make in their behalf. And 
 hereof fail not, and bring this writ with you. Witness at 
 , the 29th day of January, in the year . 
 
 LXXVII. The return to the above writ. 
 
 The within-named G. B. and M. his wife do hereby certify 
 
 to the , that the within-named plaintiffs M. L., F. L., 
 
 and J. B. L., are detained by and are under the protection of 
 the said M. B. for the purpose of their being educated and 
 maintained by her as their guardian, under the will of their 
 grandmother M. B. deceased, and according to the trusts and 
 directions for those purposes contained in the said will. 
 
 LXXVIII. Order appointing guardian in the nature of receiver. 
 
 Whereas the said J. M. on the 9th day of October last, pre- 
 ferred his petition to the ^ , setting forth that the peti- 
 tioner is entitled, by virtue of the settlement made on the 
 marriage of the petitioner's late father and mother, to a real 
 estate of about the clear yearly value of $200 ; that the peti- 
 tioner's father and mother are both dead, without appointing 
 any person guardian to the petitioner ; and the petitioner 
 being now about the age of nineteen years, is not, in law, 
 capable to manage the said estate, and is desirous that W. B., 
 of , Esq., should be appointed guardian to the .peti- 
 tioner ; and forasmuch as, &c. It was prayed that, &c. 
 Whereupon aU parties concerned were ordered to attend, 
 &c. And counsel for the petitioner this day attending ac- 
 cordingly, upon hearing the said petition read, and what 
 was alleged by the petitioner's counsel, and the said peti- 
 tioner J. M. being of the age of nineteen years and upwards, 
 and in Court desiring that the said W. B. may be assigned 
 his guardian, the Court doth order that the said W. B. Esq. 
 be appointed guardian to the said petitioner J. M. the infant. 
 
DECREES. 431 
 
 and that it be referred to Mr. A. one, &c. to consider of a ch. i. 
 prciper maintenance for the said petitioner J. M. the infant, 
 as well for the time past as to come, and state the same to the 
 Court ; whereupon such further order shall be made relating 
 thereto as shall be just. And that what shall be allowed for 
 the past maintenance of the said petitioner J. M. the infant, 
 be paid to the person or persons that have maintained him ; 
 and what shall be allowed for the time to come be paid to 
 the person who shall maintain him. 
 
 LXXIX. Direction for reference whether father of ability. 
 
 It is ordered, &c. that it be referred to Mr. A., one, &c. to 
 see what is fit and proper to be allowed for the maintenance 
 and education of the defendants the infants for the time past 
 and to come, and whether the .plaintiff" William Bailey the 
 father is of sufficient ability to maintain the said defendants 
 the infants or not, and state the same to the Court, and, 
 thereupon such further order shall be made relating thereto 
 as shall be just. 
 
 LXXX. Order for liberty to take infants abroad. 
 
 It is ordered, &c., that the petitioner, as the father of the 
 said infants, plaintiffs, he at liberty to remove the said in- 
 fants, plaintiffs, with him to aforesaid, or to such 
 
 other parts and places beyond the seas, and out of the juris- 
 diction of this Court, in which he shall in the execution of 
 his duty be ordered or find it necessary to reside, there to re- 
 main with the petitioner in case the petitioner shall so think 
 fit ; the petitioner by his said petition, undertaking to bring 
 the said infants, plaintiffs, or such of them as shall then be 
 living, back with him, on his return to this country on the 
 fulfilment of his mission in the petition mentioned, unless 
 the petitioner shall in the mean time', from any unforeseen 
 circumstance, deem it advisable to send them, or any of 
 them, back to this country. But the petitioner is half-yearly 
 to transmit, properly vouched, to be laid before the Court, the 
 plan of tuition and education for each of the said infants ac- 
 
432 EQUITY PKBCEDBNTS. 
 
 CH. I. tually adopted and in practice at the time of such half-yearly 
 return, and specifying particularly where and with whom they 
 reside. 
 
 DECREES AND ORDERS RESPECTING INJUNCTIONS. 
 LXXXI. Order extending common injunction to stay trial. 
 
 Whereas by an order bearing date the 21st day of Feb- 
 ruary, 1815, it was ordered that an injunction should be 
 awarded to stay the defendant's proceedings at law, for and 
 touching any of the matters there in question, until, &c. 
 Upon opening of the matter this present day unto this 
 Court, by Mr. M. of counsel for the plaintiif, it was alleged 
 that it appears by the affidavit of the plaintiff that if the de- 
 fendant shall answer all the matters in the plaintiff's bill con- 
 tained, the said answer will contain matter very material to 
 the plaintiff upon the trial of the action at law, and that the 
 plaintifi' cannot safely proceed to a trial of the said action 
 without a discovery of the matters or things in the said bill 
 mentioned, and which discovery the plaintiff expects the said 
 answer, when put in, will contain. It was therefore prayed, 
 &c. Whereupon and upon hearing the said affidavit of the 
 plaintiff R. C. and Mr. T. of counsel for the defendants, this 
 Court doth order that the injunction issued in this cause do 
 extend to stay trial. 
 
 LXXXII. Order nisi to dissolve injunction. 
 
 Whereas the plaintiff obtained an injunction for staying 
 of the defendant's proceedings at law, till answer and other 
 order to the contrary. Now, upon motion this day made 
 unto this Court by Mr. J. being of counsel for the defendant 
 G. it was alleged, that the defendant hath since put in a fuU 
 and perfect answer to the plaintiff's bill, and thereby denied 
 the whole equity thereof. And therefore it was prayed, that 
 the said injunction may be dissolved ; which is ordered ac- 
 cordingly, unless the plaintiff's counsel having notice hereof, 
 shall on Thursday, the 19th day of this instant November, 
 shew unto this Court good cause to the contrary. 
 
DECREES. 433 
 
 CH. r. 
 
 LXXXIII. Order to enlarge time for showing cause against dissolving 
 
 injunction. 
 
 Whereas by an order of the 19th day of this instant, No- 
 vember, for the reasons therein mentioned, it was ordered 
 that the injunction, &c. should be dissolved, unless, &c. 
 Now, upon motion this day made unto this Court, by Mr. C. 
 being of the plaintiff's counsel, it was alleged that the plain- 
 tiff is not prepared to shew cause against the said order. 
 And therefore it was prayed that the time for the plaintiff's 
 shewing cause against the said order may be enlarged to 
 
 , which is ordered accordingly ; but the plaintiff is 
 
 then to shew cause on the merits. 
 
 LXXXIV. Order continuing injunction till hearing, the plaintiflf giving 
 judgment, &c. 
 
 Whereas by an order of the 27th day of May last, it was 
 ordered that the injunction, &c. should be dissolved, unless, 
 •&C. Now upon opening the matter this present day unto 
 the Court, and Mr. P. being of the plaintiff's counsel, who 
 came to shew cause against the said order, and moved, and 
 offered divers reasons for the discharge thereof, and for con- 
 tinuing the said injunction, in the presence of Mr. J. of 
 counsel for the defendants Todd and his wife. Whereupon, 
 and upon hearing of what was alleged by the counsel for 
 the said parties, the Court doth order upon the plaintiff's 
 giving unto the defendants judgment in the ejectment 
 already brought at law, in a fortnight, with a release of 
 errors, and consenting to bring no writ of error, that the 
 said injunction be continued till the hearing of this cause, 
 which the plaintiff is to speed ; but in default of the plain- 
 tiff's giving such judgment with a release of errors as afore- 
 said, it is further ordered that the said injunction be dis- 
 solved without further motion. 
 
 LXXXV. Order to dissolve injunction made absolute, no cause being shewn. 
 
 Whereas by an order of the 13th day of October instant, 
 it was ordered that the injunction, &c. should be dissolved, 
 37 
 
434 EQUITY PRECEDENTS. 
 
 CH. I. unless, &c. Now upon motion this day made unto this 
 Court, by Mr. B. being of the defendant's counsel, it \^as 
 alleged, that due notice has been given of the said order, to 
 the plaintiff's counsel, as by affidavit appears, and that no 
 cause is shewn to the contrary thereof, as by the clerk's cer- 
 tificate also appears. It was therefore, prayed, that the said 
 order may be made absolute, which is ordered accordingly. 
 
 LXXXVI. Order for dissolving injunction on merits. 
 
 Whereas by an order made the 14th day of July last, for 
 the reasons therein contained, it was ordered, that the injunc- 
 tion, &c. should be dissolved, unless, &c. Now upon open- 
 ing of the matter this present day unto the Court by Mr. W. 
 being of counsel with the plaintiff who came to shew cause 
 against the said order, and moved, and ordered divers rea- 
 sons for discharge thereof, and for continuance of the said 
 injunction. Whereupon, and upon hearing of Mr. B. being 
 of counsel with the defendants, and what was alleged" on 
 both sides, this Court disallowed the cause now shewn, and 
 doth therefore order that the said injunction be dissolved. 
 
 LXXXVII. Order for dissolving injunction in default of reviving. 
 
 Upon opening of the matter this present day unto this 
 Court by Mr. E. being of counsel for Thomas Morris and 
 Ann his wife, it was alleged that the plaintiffs having exhib- 
 ited their bill in this Court, among other things, for an in- 
 junction to stay the defendant from proceeding at law for 
 the recovery of the possession of the premises in question 
 in this cause, &c. and the defendant not putting in her 
 answer in time, the plaintiffs obtained the common injunc- 
 tion ; since which the defendant is dead, and administration 
 with the will annexed of the said Jane Fisher, hath been 
 since granted to Ann, the wife of the said Thomas Morris ; 
 that the suit being abated, and the plaintiffs neglecting to 
 procure this suit to be revived, the said A. M. is prevented 
 from proceeding at law for recovery of the possession of the 
 said premises. And therefore it was prayed that the plain- 
 
DECREES, 435 
 
 tiffs may procure this cause to be revived in a month, and in CH. i. 
 default thereof, that the said injunction may be absolutely 
 dissolved without further motion ; which, upon reading an 
 affidavit of notice of this motion, is ordered accordingly, of 
 which notice is forthwith to be given. 
 
 LXXXVIII. Direction in decree for continuing injunction. 
 
 And it is further ordered that the injunction formerly grant- 
 ed in this cause for stay of the defendant's proceedings at 
 law, be in the mean time continued-; and the defendant's 
 judgment is to stand as a security for payment of what, if 
 anything, shaU appear to be coming to him on the balance of 
 the said account. 
 
 LXXXIX. Decree for perpetual injunction after verdict. (In England.) 
 
 [The bill was on behalf of the proprietors of lands wilhin 
 the chapelry, who claimed the right to present. The defend- 
 ant Benison was the vicar, who also claimed the right, and 
 nominated the defendant Hodgson, and on his resignation, 
 the defendant Petty, who had been licensed by the bishop. 
 On the original hearing an issue was directed to try the right.] 
 
 His Lordship doth declare that the customary right of elect- 
 ing. or nominating a curate or chaplain to the chapel of Pres- 
 ton Patrick, within the parish of Burton in Kendal, in the 
 county of Westmoreland, ought to be established according 
 to the said verdict, and doth order and decree the same ac- 
 cordingly. And the Court doth declare further, that the 
 Bishop of Chester ought to license such clerk as hath been or 
 shall be nominated, according to the right found by the said 
 verdict, unless some legal objection shall appear to the Bishop 
 against the qualification of such person to be licensed. And 
 doth order that a perpetual injunction be granted against the 
 defendants Benison and Hodgson to stay their proceedings at 
 law rn the actions of prohibition and replevin. And that a 
 perpetual injunction be granted against the defendant Petty 
 to restrain him from disturbing any person who hath been or 
 shall be nominated curate or chaplain of the said chapel, pur- 
 
436 EQUITY PRECEDENTS. 
 
 CH. I. suant to the right hereby declared and established in the pos- 
 session or enjoyment of the said chapel, or officiating there. 
 And it is further ordered, that the defendant Benison do pay 
 unto the plaintiffs their costs at law, to be taxed by the said 
 Master ; and that the plaintiffs do pay unto the defendant 
 the Bishop of Chester his costs of this suit, to be taxed by 
 the said Master ; but as between the plaintiffs and the other 
 defendants, no costs are to be paid on either side in this 
 Court. 
 
 XC. Order for special injunction against creditor to restrain proceedings at 
 law aftSr decree. (In England.) 
 
 The Court doth order, that the defendants, Phillip Corrall 
 and James Denton, do pay unto the said George Syder the 
 costs of tile action brought by him against the defendants, as 
 executors of Jolin Mingay, deceased, in His Majesty's Court 
 of K. B. up to the time the said George Syder had notice 
 of 1*16 decree in this cause, to be taxed by the said Master 
 C. And it is ordered that an injunction be awarded to re- 
 strain the said George Syder from further proceeding in the 
 said action. And it is ordered that the said George Syder 
 be at liberty to go before the said Master, and prove the debt, 
 for recovery whereof the said action is brought under the de- 
 cree in this cause. 
 
 XCI. Order for injunction to stay waste. 
 
 It is ordered, &c. that an injunction be awarded to restrain 
 tiie defendant, his servants, agents, and workmen, from com- 
 mitting any waste or spoil upon the premises in question, 
 until the said defendant shall fully answer the plaintiff's bill 
 and this Court make other order to the contrary. 
 
 XCII. Order for injunction to restrain equitable waste. 
 
 It is ordered, &c. that an injunction be awarded to restrain 
 the defendant Harriott Dummer, her servants, workmen, and 
 agents, from cutting down any timber or other trees growing 
 on the estate in question, which are planted or growing there 
 
DECREES. 437 
 
 for the protection or shelter of the several mansion-houses ^^- ^- 
 belonging to the said estate, or for the ornament of the said 
 houses, or which grow in lines, walks, vistas, or otherwise, 
 for the ornament of the said houses, or of the gardens, or 
 parks, or pleasure-grounds thereunto belonging. And let the 
 said injunction also extend to restrain the defendant Harriott 
 Dummer, her servants, workmen, and agents, from cutting 
 down any timber or other trees, "fexcept at seasonable times, 
 and in an husband-like manner ; and likewise from cutting 
 down saplings and young trees, not fit to be cut as and for 
 the purposes of timber, until the hearing of this cause or the 
 further order of the Court. 
 
 XCIII. Order for injunction to restrain negotiation of note. 
 
 It is ordered, &c. that the defendants be restrained from 
 parting with, out of the custody of them or any of them, or 
 indorsing, assigning or negotiating, the promissory note in 
 question, dated on or about the day of , men- 
 tioned in the plaintiff's bill and affidavit, until the said de- 
 fendants shall have appeared to and answered the plaintiff's 
 bill, and the further order of this Court. 
 
 XCIV. Order for injunction to restrain transfer of stock by executrix. (In 
 
 England.) 
 
 This Court doth order that the defendant Betty White be 
 restrained by the injunction of this Court from transferring 
 any stock standing in the name of Roger "White, the testator 
 in the pleadings named, or in the name of the said Betty 
 White, as the executrix of the said Roger White, and pur- 
 chased with the assets of the said testator. And it is ordered, 
 that the Governor and Company of the Bank of England be 
 also restrained by the injunction of this Court from permit- 
 ting such transfer to be made until the said defendant shall 
 fully answer the plaintiff's bill, or this Court make other order 
 to the contrary. 
 
 37 » 
 
438 BQUrTT PRECEDENTS. 
 
 CH.. I. XCV. Order for injunction against partner. 
 
 This Court doth accordingly order that an injunction be 
 awarded against the said Joseph Benson, his agents and ser- 
 vants, from entering into any contract or contracts, and from 
 accepting, drawing, indorsing or negotiating any bills or bill 
 of exchange, notes or note, or written securities or security in 
 the name of the said copartnership firm of Dyson and Ben- 
 son ; . and from contracting any debts or debt, and buying and 
 selling any goods, and from making or entering into any ver- 
 bal or written promise, agreement or undertaking, and from 
 doing or causing to be done any acts or act in the name or 
 on the credit of the said partnership firm of Dyson and Ben- 
 son, or whereby the said partnership firm can or may in any 
 manner become or be made liable to or for the payment of 
 any sums or sum of money, or for the performance of any 
 contract, promise, or undertaking, until the said defendant 
 shall fully answer the plaintiff's bill and the further order of 
 this Court. 
 
 XCVI. Order for injunction and receiver against executor and guardian. 
 
 .This Court doth order that the said defendant John Cooke 
 be restrained by the injunction of this Court from receiving 
 or collecting any part of the outstanding personal estate and 
 effects of W. B. the testator in- the. pleadings named, and 
 from receiving or collecting any part of the debts due and 
 owing in respect of the business or concern of a bricklayer, 
 carried on by the said W. B. up to the time of his death, and 
 afterwards by the said John Cooke ; and also from receiving 
 or collecting any part of the freehold estate of the said W. B. 
 and from letting or managing the same, or interfering there- 
 with, or with any other part of the said testator's estate or 
 effects, uotil the said defendant shall fully answer the plain- 
 tiff's bill, or this Court make other order to the contrary. 
 And it' is ordered, that it be referred to Mr. S. one, &c. to 
 appoint a proper person to receive the rents and profits of the 
 said testator's freehold estates, and to collect and get in his 
 outstanding personal estate, and the debts due or owing in 
 respect of the said testator's business of a bricklayer, &c. 
 
DECREES. 439 
 
 XCVII. Order for injunction to restrain partial infringement of copyright. CH. I. 
 
 This Court doth order that an injunction be awarded to 
 restrain the defendant, his servants, agents, or workmen, from 
 printing, publishing, selling, or otherwise disposing of, such 
 ' parts of the book in the biU mentioned to have been pub- 
 lished by the defendant as hereinafter specified, viz: that 
 part of the said book of the said defendant which is entitled 
 " ," &c. and also that part of the book of the said de- 
 fendant which is entitled " ," and also that part of the 
 
 book of the said defendant, entitled " Exercise I." until the 
 said defendant shall fully answer the plaintiff's bill, or this 
 Court make other order to the contrary. 
 
 XCVllI. Order for reference in suit for infringement of copyright. 
 
 It is ordered, &c. that it be referred to Mr. P., one, &c. to 
 see whether the copperplate published by the defendant, en- 
 titled, &c. is of the same size and scale, and has the same 
 marginal notes and directions or instructions, and is in aU 
 respects the same as the first plate published by the plaintiff, 
 entitled, &c. save an affected variation in the historical and 
 geographical anecdotes in the margin. And the said Master 
 is to state the same, with his opinion thereon, to the Court, 
 and thereupon such further order shall be made relating 
 thereto as shall be just. 
 
 XCIX. Order for dissolving special injunction. 
 
 Whereas the plaintiff obtained an injunction to restrain the 
 defendant, his servants, &c. from committing any waste, &c.^ 
 until the defendant should have fully answered the plaintiff's 
 bill, and this Court make other order to the contrary. Now 
 upon opening of the matter this present day unto the Court 
 by Mr. S. being of the defendant's counsel, it was alleged 
 that the defendant has since put in a full and perfect answer 
 to the plaintiff's bill, and thereby denies the whole equity 
 thereof. Whereupon, and upon hearing of Mr. A. of counsel 
 
440 EQUITY PRECEDENTS. 
 
 CH. I. for the plaintiff, and of what was alleged, &c. it is ordered, 
 &c. that the said injunction be dissolved. 
 
 C. Decree for perpetual injunction to restrain infringement of copyright. 
 
 It is ordered, &c. that the injunction formerly granted in 
 this cause for stay of the defendants, their servants, agents, 
 or workmen, from printing, publishing, or vending, a book, 
 comedy, or farce, called " Love a-la-mode," or any part 
 thereof, be made perpetual. And the plaintiff waiving the 
 account prayed by the bill, the Court doth not think fit to 
 direct any account. And it is further ordered, that the de- 
 fendants do pay to the plaintiff his costs of this suit, to be 
 taxed, &c. • 
 
 CI. Decree for perpetual injunction to restrain infringement of patent, and 
 for payment " of profits." 
 
 Upon the coining in of the Master's report, and on motion 
 of the complainant's counsel, it is ordered and decreed by 
 the Court, that the said report be confirmed and established, 
 and that the said defendant B. and his agents and servants 
 be perpetually enjoined from making, using or vending to 
 others to be used, any one or more locks substantially the 
 same in mode of operation as the lock described in the letters 
 patent in the said bill of complaint mentioned. 
 
 And the Court doth further order and decree that the said 
 defendant B., do forthwith pay unto the said complainant 
 Allen, the sum of eleven thousand seven hundred dollars, 
 being the amount of profit found by the said Master's report 
 to have been received by the said B. and his copartner S., 
 mentioned in the said bill of complaint, from the sale of locks 
 substantially the same in mode of operation, as the lock de- 
 scribed in the said letters patent, in violation of the exclusive 
 right of the complainant, secured to him by the letters patent 
 aforesaid. And the Court doth further order and decree that 
 the said defendant B. do pay to the said complainant Allen 
 the costs of this suit, taxed at . 
 
DECREES. 441 
 
 CII. Decree for perpetual injunction against a judgment at law in part. CH. I. 
 
 This cause came on to be heard upon the bill, answers, 
 depositions, and other proceedings in the cause, and was 
 argued by counsel. On consideration whereof, it is declared 
 by the Court, that the plaintiffs are entitled to relief in respect 
 to the seven hundred pezzos in the biU of complaint men- 
 tioned, upon the ground that the recovery for the same was 
 had against them by surprise, and without any adequate 
 knowledge, or means of defence on their part at the trial, 
 and without any default on their part, although there was 
 no want of equity in asserting the claim thereto by the de- 
 fendants at the trial, under all the circumstances, and there- 
 fore it is declared that the plaintiffs ought in this cause to 
 have relief against the judgment in the bill and answers 
 mentioned, to the extent of the damages given by the ver- 
 dict of the jury, for and on account of the said seven hun- 
 dred pezzos, to wit : for the sum of thirteen hundred and 
 seventy-nine dollars and twelve cents, but no farther, and 
 that the said judgment ought to stand confirmed as to the 
 residue thereof. And it is ordered, adjudged, and decreed 
 accordingly by the Court, and in furtherance thereof, it is 
 ordered, decreed, and adjudged by the Court, that the said 
 judgment as to. the said sum of thirteen hundred and seventy- 
 nine dollars and twelve cents be perpetually enjoined, so that 
 no execution unsatisfied thereon be allowed in behalf of the 
 defendants, but in all other respects the said judgment to be 
 held valid and executed and satisfied. And inasmuch as it 
 further appears to the Court, that the defendants in this cause 
 have been guilty of no default or want of equity in resisting 
 the bill of the plaintiff, it is further ordered and adjudged 
 that they be allowed .their full costs in the premises, and 
 unless the same be paid, that they have a right of satisfac- 
 tion of the same out of the security in the cause as hereto- 
 fore ordered by the Court. 
 
442 EQUITY PRECEDENTS. 
 
 DECREES AND ORDERS RESPECTING RECEIVERS. 
 CH. I. CIII. Order for receiver of real estate. 
 
 It is ordered, &c. that it be referred to Mr. C, one, &c. to 
 appoint a proper person to be receiver of the rents and pro- 
 fits of the estates, situate at , in the pleadings in this 
 
 cause mentioned, and to allow him a proper salary for his 
 care and pains therein ; the person so to be appointed re- 
 ceiver first giving security, to be approved of by the said 
 Master, duly and annually to account for and pay what he 
 shall so receive, as is hereinafter directed, or as the Court 
 shall direct. And the tenants of the said estates are to 
 attorn, and pay their rents in arrear and growing rents to 
 such receiver ; who is to be at liberty to let the said estates 
 from time to time, with the approbation of the said Master, 
 as there shall be occasion. And it is ordered, that the said 
 receiver do from time to time pass his account before the 
 said Master, and pay the balances that shall be reported due 
 from him into court, to be there placed to the credit of this 
 cause, subject to the further order of this Court. 
 
 CIV. Inquiry as to repairs. 
 
 And it is further ordered that the said Master do inquire 
 whether it will be for the benefit of the estate that the tes- 
 tator's house in should be put in repair. And if the 
 
 said Master should find that it will, it is further ordered, that 
 then so much as the said Master shall find to be sufficient 
 for such repairs to be laid out accordingly, and be paid by 
 the receiver out of the personal estate, and be allowed to 
 him in passing his accounts. And it is further ordered that 
 the said Master do make a separate report, touching, &c. 
 and the repairs of the testator's house in . 
 
 CV. Order for receiver where prior incumbrances. 
 
 It is ordered, &c. that it be referred to- Mr. J. one, &c. to 
 appoint a proper person to be receiver of the rents and pro- 
 
DECEBBS. 443 
 
 fits of the capital mansion-house, &c. But the appointment ch. i. 
 of the said receiver is not to affect prior incumbrances upon 
 the said estates and premises, who may think proper to take 
 possession of the said estates and premises, by virtue of the 
 said securities respectively. And it is ordered that the said 
 Master do also allow to such persons so to be appointed, &c. 
 ( See No. CIII. ante.) And it is ordered that the said Master 
 do inquire what incumbrances there are affecting the said 
 estates and premises, and also into the priorities thereof re- 
 spectively. For the better discovery whereof, &c. ( See usual 
 directions, No. II. ante.) And it is ordered that the person 
 so to be appointed receiver as aforesaid do, out of the rents 
 and profits so to be received by him, keep down the interest 
 and payments in respect of the said incumbrances, according 
 to their priorities, and pay the balances thereof, which shall 
 be from time to time reported due from him, into court. 
 ( See usual directions, No. XIII. ante.) 
 
 C VI. Order for receiver in case of partnership. 
 [The plaintiffs were the assignees of D. G.] * 
 
 It is ordered, &c. that it be referred to Mr. A. one, &c. to 
 appoint a proper person to be receiver of the outstanding 
 debts and effects of the late partnership of D. G., T. G., and 
 J. G., in the pleadings of this cause mentioned, and to all9W 
 him, &c. ( See No. CHI. ante,) such, person to be appointed 
 receiver, first giving security, &c. ( See No. CIII. ante,) to be 
 answerable for what he shall receive of such outstanding 
 debts and effects, and to pay the same as this Court hath 
 hereby directed, and shall hereafter direct. And it is ordered 
 that the defendants J. G., and T. G., do deliver-over to such 
 person so to be appointed receiver, aU securities in their 
 hands for such outstanding debts and effects, together with 
 all books and papers relating thereto. And in case there 
 shall be occasion to put any of the debts in suit for the 
 recovery thereof, the same is to be done with the approba- 
 tion of the said Master. And such person so to be appointed 
 is to make use of the names of the plaintiffs and defendants, 
 or either of. them, for that purpose ; who are to be indemni- 
 
444 EQUITY PEECEDENTS. 
 
 CH. I. fied therein out of tlie said estate and effects. And it is 
 ordered that the person so to be appointed receiver, do from 
 time to time annually pass his accounts, &c. (See No. CIII. 
 ante.) 
 
 CVn. Order for manager and receiver of a colliery. 
 
 It is ordered, &c. that it be referred to Mr. J. one, &c. to 
 appoint a proper person to take .and have the management 
 of the partnership colliery, stock, and effects, and to have the 
 direction and superintendence of the working the said part- 
 nership mines, and the carrying on the partnership trade in 
 question, and to coUect and get in the outstanding debts and 
 effects belonging to the said partnership. -And. each of the 
 partners of and in the said colliery and t^ade, who shall show 
 to the satisfaction of the said Master that he is a partner of 
 and in the said colliery, regularly admitted as such by the 
 other partners or owners thereof, and legally entitled to a 
 share of the mines belonging thereto, and to receive a share 
 of the profits of the said colliery, is to be at liberty to propose 
 himself, or such other person as he shall think fit, (such other 
 person be*ng a practical miner) to the said Master, to be 
 appointed such manager and receiver. And the said Master 
 is to be at liberty, if he shall see occasion, to proceed de die 
 in diem, in the appointing of such manager and receiver. 
 And the said Master is to ma'ke such person so to be ap- 
 pointed, an allowance in respect thereof. But such person 
 so to be appointed is first- to give security to be allowed of, 
 &c. (See JVo. CHI. ante,) duly to manage the said partner- 
 ship colliery, and to be accountable for what he shall so 
 receive in respect thereof, and to pay the same as this Court 
 hath hereby directed and shall hereafter direct. And it is 
 ordered that the plaintiffs and defendants do deliver over to 
 such person so to be appointed manager and receiver, the 
 • stock, goods, effects, books, and accounts, belonging to the 
 said partnership. And the said manager and receiver is to 
 be at liberty to bring actions as there shall be occasion, for 
 the recovery of such of the debts as are now due, or shall 
 hereafter become due, in the names of the parties or either 
 of them ; and the person or persons in whose name such 
 action shall be brought, is or are to be indemnified against the 
 
DECREES. 445 
 
 costs and charges thereof out of the stock, goods, and effects CH. i. 
 of the said partnership, and out of the money to be received 
 in respect of the said debts, by the said manager and receiver. 
 And it is ordered that he do pty the debts due, and to be- 
 come due, from the said partnership. And it is ordered that 
 the said manager and receiver do pass his accounts before 
 the said Master half-yearly ; and after retaining in his hands 
 such sum of money as the Master shall deem sufficient for 
 carrying on the said colliery, do pay the balances as the same 
 shall become due from him into court, subject to the further 
 ofder of this Court. * 
 
 CVm. Order for receiver of property abroad. 
 
 [Inter alia.] It is ordered, that the said Master do appoint 
 a proper person or persons to be a receiver or receivers of the 
 
 rents and profits of the said testator's real estates in , 
 
 and also to collect and get in the outstanding personal estate 
 of the said testator in , and make him or them a rea- 
 sonable allowance in respect thereof ; such person or persons, 
 
 so to be appointed receiver or receivers, in , is or are 
 
 first to give security to be approved of by the said Master, to 
 be answerable for and to remit what he or they shall so 
 
 receive to a proper person in , to be also approved of 
 
 by the said Master to receive the same. And the said Mas- 
 ter is to make such person, to whom the same shall be so 
 remitted, a reasonable allowance in respect thereof ; but such 
 person is first to give security, to be approved of by the said 
 Master, duly to account for and pay what he shall so receive, 
 as this Court shall direct. And the tenants of the said 
 estates are to attorn, and pay their rents in arrear and grow- 
 ing rents to such receiver or receivers ; who is or are to be at 
 liberty to let and set" the said estates, with the approbation 
 of the Master, as there shaU be occasion. And it is ordered, 
 
 that such person so' to be appointed in , to whom the 
 
 moneys aforesaid are to be so remitted, do pass his accounts 
 annually before the said Master, and pay the balances which 
 shall be reported due from him into court, &c. {See usual 
 directions, No. XIII. ante.) And it is ordered, that the said 
 Master do consider and state to the Court, whether any and 
 38 
 
446 EQUITY PEBCEDENTS. 
 
 CH. I. what steps ought to be taken by such receiver or receivers so 
 to be appointed, to enforce the payment of any and which of 
 
 the ftutstanding debts due to the said late testator in , 
 
 and out of what fund the«»necessary expense attending the 
 same, and also the allowances to the said receiver or receiv- 
 ers, should be paid. 
 
 CIX. Direction in decree for continuing receiver. 
 
 And it is further ordered, that the rQgeivers appointed Jin 
 this cause be continued, and pass their accounts before the 
 said Master ; and that the several orders directing the pay- 
 ment of the balances in the receivers' hands into court, from 
 time to time, upon passing their accounts, be also con- 
 tinued. 
 
 ex. Order for passing accounts of deceased receiver, and appointment of 
 
 new receiver. 
 
 This Court doth order that the said A. B., the administra- 
 trix of J. G., deceased, the receiver appointed in this cause, 
 do pass the accounts of the said J. G. as such receiver, before 
 Mr. F. the Master to whom this cause stands transferred. 
 And it is ordered, that the said E. B. and A. B. his wife, do 
 pay what the said Master shall certify to be due from the 
 said J. G. on the balance of sxmh account, into court, &c. 
 ( See usual directions, No. XIII. ante.) And upon such pay- 
 ment being made, it is ordered that the recognizance entered 
 into by the said J. G. and J. F. and T. F. his sureties, be 
 vacated. And it is ordered that it be referred to the said 
 Master to appoint a proper person to be receiver of the rents, 
 
 &c. and profits of the said , in ^he pleadings of this 
 
 cause mentioned, in the room and stead of the said J. G. 
 &c. 
 
DECREES. 447 
 
 DECREE, ETC. ON BILL OF INTERPLEADER. 
 
 CXI. Order for injunction on bill of interpleader, in England. ch_ i. 
 
 [The plaintiffs had sold to the defendants, the Withers's, 
 a quantity of resin, but retained the possession of it at their 
 request. The Withers's afterwards sold to Bromer, who 
 before the delivery of it became bankrupt, upon which actions 
 were commenced against the plaintiffs by the Withers's, and 
 Campbell, Hodgson, and Mitchell, the assignees of Bromer. 
 Blann was assignee "under a deed of trust for the creditors of 
 th^ Withers's,] 
 
 Whereupon and upon hearing Mr. A. of counsel for the 
 defendant Charles Campbell, and the said affidavit, and an 
 affidavit of notice of this motion to the other defendants 
 read, and the plaintiff undertaking not to part with the 
 twenty-nine and a half tons of resin mentioned in the plain- 
 tiff's bill, until the further order of the Court, and also under- 
 taking to give a notice of motion that the said twenty-nine 
 and a half tons of resin may be sold, and the proceeds there- 
 of paid into court, His Lordship doth order, that an injunc- 
 tion be awarded to restrain the defendants Thomas Withers, 
 and Henry Brown Withers, Charles Campbell, and John 
 Hodgson, and John Mitchell, from prosecuting the actions at 
 law commenced by them against the said plaintiffs, for or in 
 respect of the twenty-nine and a half tons of resin in the 
 plaintiffs' bill mentioned, and also to restrain the said defend- 
 ants, together with the defendant Edward Blann, from com- 
 mencing or prosecuting any further or other action or suit 
 against the said plaintiffs, for or in respect of the said twenty- 
 nine and a half tons of resin, until the said defendants shall 
 fully answer the plaintiffs' bill, or until the further order of 
 this Court. 
 
 CXII. Decree on bill of ipterpleader, in England. 
 [For statement of case, see No. CXI. ante.] 
 
 This Court doth order that the parties do interplead ; and 
 for that purpose it is ordered that the defendants Thomas 
 
448 EQUITY PRECEDENTS. 
 
 CH- J- Withers and Henry Brown Withers, do proceed in the action 
 of trover brought by them against the plaintiffs, with liberty 
 for the defendants, Charles Campbell, John Hodgson, ajnd 
 John Mitchell, the assignees of David Bromer, to defend such 
 action. And it is ordered that it be referred to Mr. C. one, 
 &c. to tax the plaintiffs their costs of this suit, and also the 
 costs of the said action of trover, as well as of the like action 
 brought by the defendants Charles Campbell, John Hodgson, 
 and John Mitchell, against the plaintiffs, as far as the same 
 actions have proceeded. And it is ordered that so much of 
 
 the £ Bank 3 per cent, annuities standing in the name 
 
 of the Accountant-General of this court, in trust in this 
 
 cause, as, with the £ cash in the bank in this cause, 
 
 will raise what shall be taxed for such costs, be sold, &c. 
 (See usual directions, No. VIII. ante.) And thereout it is 
 ordered that what shall be taxed for the plaintiffs' costs, be 
 paid to Mr. W. G.. B. their solicitor. And for the purposes 
 aforesaid, the said Accountant-General is to draw, &c. And 
 this Court doth reserve the consideration of the rest of the 
 costs of this suit, and of all further directions until after, the 
 trial of the said action. And any of the parties are to be at 
 liberty to apply, &c. ( See usual directions, No. XIX. ante.) 
 
 DECREES FOR ISSUE, CASE, ETC. IN ENGLAND. 
 CXIII. Decree for issue on modus. 
 
 It is ordered that the parties do proceed to a trial at law 
 the next summer assizes twelve months, to be holden for the 
 county of Leicester, upon the following issue : Whether from 
 the time whereof the memory of man is not to the contrary, 
 there has been paid and payable, by the farmers or occupiers 
 of the yard-lands within the said parish, to the rector of the 
 said parish for the time being, yearly, a modus of 5s. per an- 
 num for every yard-land, in lieu and satisfaction of all small 
 tithes arising and renewing upon such yard-lands respectively. 
 And the plaintiff here is to be plaintiff at law ; and the said 
 defendants are forthwith to name an attorney to accept a dec- 
 laration, appear and plead to issue. And it is hereby referred 
 
BECREBS. 449 
 
 to the said Master to settle the said issue, in case the parties CH. i. 
 differ about the same. And it is ordered and decreed, that all 
 books, papers, and writings, in the custody or power of any of 
 the parties relating to the matters in question be produced 
 before the said Master upon oath, on or before the last day 
 of Michaelmas term next ; and any of the parties are to be 
 at liberty to inspect the same, and to take copies thereof, or 
 of such parts thereof as they shall think fit, at their own ex- 
 pense ; and such of the said books, papers, and writings, are 
 to be produced at such trial, as either party shall give 
 notice of for that purpose. And His Lordship doth reserve 
 the consideration of costs, and of all further directions until 
 after the said trial shall be had. And any of the parties are 
 to be at liberty to apply, &c. ( See usualMirections, No. XIX, 
 ante.) 
 
 CXIV. Direction for trial at bar in England. 
 
 His Lordship doth order that the parties do proceed to a 
 trial* at law at the bar of the Court of Common Pleas in 
 Middlesex, some time in the next Michaelmas term, or at the 
 sittings after next term, or at such other time as the Lord 
 Chief Justice of that court shall think fit to appoint, upon 
 the following issues, viz. &c. 
 
 CXV. Direction for examination of parties. 
 
 And it is ordered, that either party be at liberty to examine 
 the plaintiffs Thomas Crow and Samuel Whiting, and the 
 defendant Henry Pitham, or any or either of them, as wit- 
 nesses, or a witness at such trial. 
 
 CXVI. Direction for reading depositions. 
 
 It is ordered that the parties be at liberty to read the dep- 
 ositions taken in this cause of such of the witnesses as upon 
 such trial shall be proved to be dead, or unable to attend to 
 be examined. 
 
 38* 
 
450 EQUITY PRECEDENTS. 
 
 CH. I. CXVII. Direction for indorsement on postea. 
 
 And if the jury shall find any special matter, the same is 
 to be indorsed on the postea. 
 
 CXVIII. Decree. — Issue devisavii vel non. 
 
 His Lordship doth order, that the parties do proceed to a 
 trial at law, at the sittings of the Court of King's Bench, in 
 London, in the next term, or at such other time as the Lord 
 Chief Justice of that court shall appoint upon the following 
 issue, namely, devisq^vit vel non. And that the plaintiff Sam- 
 uel Fenwick be plaintiff at law, &c. ( See No. CXIII. ante.) 
 And to the end the merits may come in question upon such 
 trial, it is further ordered, that it be admitted on both sides 
 that the said Nathan James was seised in fee of the estate in 
 question. And the plaintiff Samuel Fenwick and the defend- 
 ant William James are to produce before the said Master, 
 upon oath, all wills and drafts of wills that were at any time 
 made by, or prepared for the said Nathan. James, and all 
 other deeds, papers, and writings, &c. { See No. IX. ante.) 
 And His Lordship doth reserve the consideration of costs, 
 and of all further directions, until after, &c. (See No. XV., 
 XXL ante.) And any of the parties are to be at liberty to 
 apply, &c. ( See usual directions, No. XIX. ante.) 
 
 CXIX. Order for issue as to clause in will. 
 
 His Lordship doth order, that the parties do proceed to a 
 trial at law at the next assizes to be holden for the county of 
 Somerset, on the following issues : First, whether Thomas 
 Horner, late of Mills Park, in the county of Somerset, Esq. 
 deceased, did, in and by a certain paper-writing, bearing date 
 the 15th day of January, in the year of our Lord, 1804, pur- 
 porting to be a codicil to the last will and testament of the 
 said Thomas Horner, devise in manner and form following, 
 that is to say, &c. (stating so much of the codicil as was not 
 disputed:) 2dly. Whether the said Thomas Horner having 
 
DECREES. 451 
 
 in and by his will, bearing date the 29th day of November, CH. i. 
 1800, from and after, &c. devised, &c. did by his said codi- 
 cil devise in manner and form following, that is to say, &c. 
 (stating so much of the codicil as was disputed.) And the 
 defendant- Thomas Strangways Horner is to be plaintiff at 
 law, &c. (See No. CXIII. ante.) And His Lordship doth 
 reserve the consideration of all further directions, and of the 
 costs of this suit, until after the trial shall have been had. 
 And any of the parties are to be at liberty to apply, &c. 
 
 CXX. Decree on further directions in the same case. 
 
 His Lordship doth declare, that it appears by the finding 
 of the jury, that the part of the codicil of the said testator 
 Thomas Horner, whereby he expressed himself as follows, 
 &c. does not constitute the will of the said testator ; and that 
 the part of the codicil of the said testator Thomas Horner, 
 whereby he expressed himself as follows, &c. doth constitute 
 the will of the said testator Thomas Horner ; and that one part 
 of the said codicil constituting, and another part thereof not 
 constituting, the wiU of the said testator, this Court cannot 
 order the same to be given, up. But it being consonant to 
 equity, that the parties should stand in such a situation as if 
 the said codicil could be delivered up, this Court doth de- 
 clare, that so much of the said codicil as does not constitute 
 the will of the said testator, is void ; and that the devise to 
 the heirs of the body of the said testator Thomas Horner, 
 contained in his said codicil, ought not to take effect ; and 
 doth decree the same accordingly ; and doth also decree that 
 the said defendant Thomas Strangways Horner be restrained 
 from setting up any title at law to the several estates so de- 
 vised to the heirs of the body of the said testator Thomas 
 Horner, contained in the said codicil, and in question in 
 these causes. 
 
 CXXI. Order for new trial of issue. 
 
 Whereas by an order made in this cause bearing date the 
 7th day of December, 1813, it was ordered that the parties 
 should proceed to a trial at law, &c. ( See No. CXIV. ante.) 
 
452 UQUITY PRECEDENTS. 
 
 CH. I. In pursuance of which order the parties proceeded to trial of 
 the second issue mentioned in the said order, when the jury 
 found a verdict for the plaintiff. And whereas Mr. D. &c. of 
 counsel for the defendant Charles Dickenson, this day moved 
 and offered divers reasons unto the Right Honorable, &c. that 
 a new trial might be had of the said issue, in the presence of 
 Sir A. P. &c., of counsel for the plaintiff, Mr. W. of counsel 
 for the defendants Thomas Watmore and James Watmore, 
 who consented thereto. Whereupon, and upon hearing an 
 affidavit of R. C. &c. read, His Honor doth order that upon 
 the defendant Charles Dickenson paying unto the plaintiff 
 his costs of the former trial, to be taxed by Mr. A. one, &c. 
 in case the parties differ, the parties do forthwith proceed to 
 a new trial of the second issue directed in this cause, by the 
 order bearing date the 7th day of December, 1813, in the 
 manner directed by the said order. 
 
 CXXn. Decree on further directions, after trial of issue. 
 
 [The bill was for the discovery of a lease granted by a 
 former owner of the manor, under whom the plaintiff claimed, 
 to those under whom the defendant claimed, for lives, charg- 
 ing that the lives had expired. Upon the original hearing an 
 issue was directed, which was found for the plaintiff.] 
 
 His Lordship doth think fit, and so order and decree, that 
 the said defendant do deliver possession of the lands men- 
 tioned in the said issue found for tie plaintiff to the plaintiff, 
 and that the plaintiff be quieted in the possession thereof, 
 against the said defendant, and all persons claiming under 
 him. And that the said defendant do come to an account 
 before the said Master, for the rents and profits of the said 
 premises accrued since the. 5th of November, 1728, the day 
 on which the said last life, in the said lease, died, which 
 have been received by the said defendant, or by any other 
 person, &c. For the better clearing of which account, &c. 
 ( See usual directions, No. III. ante.) And it is ordered and 
 decreed that the said defendant do pay unto the plaintiff 
 what shall be found due to him, on the balance of the said 
 account ; and that the said defendant do pay unto the plain- 
 tiff his costs, both at law and in this court, to be taxed by 
 the said Master. 
 
DECREES. 453 
 
 CXXIII. Decree on further directions after issue on bill by lord of a manor, CH. I. 
 , establishing his right to a fine. 
 
 His Lordship saw no cause to give the plaintiffs in the 
 cross cause any relief; and doth therefore order that the 
 matter of the said cross bill do stand dismissed out of this 
 court, with costs, to be taxed by the said Master. And in 
 the original cause His Lordship declared that a general fine 
 was and is due and- payable from the said defendants, the 
 tenants, and all other the tenants of customary tenements, 
 called tenant-right estates respectively, within the said hon- 
 ors, boroughs, and manor of Cockermouth, &c. unto the 
 plaintiff the Duke of Somerset, as the next admitting lord, 
 after the death of the late Duchess of Somerset, his wife, 
 according to the verdict found upon the said trial so directed. 
 And doth therefore order and decree, that such the said Duke 
 of Somerset's right to the said general fines be established. 
 And it now appearing by the answer of the defendants, the 
 tenants, to the said original bill, and also by the said cross 
 bill of the said tenants, that several other of the plaintiff, 
 the Duke of Somerset's tenants of tenant-rights estates 
 within the said honors, boroughs, and manors, were con- 
 cerned in the defence of the said original bill, and exhibiting 
 the cross bill, and agreed to join in the expense thereof. His 
 Lordship doth therefore order, that it be referred to the said 
 Master to examine into the matter ; and for that purpose 
 that the articles mentioned in the said answer be produced 
 before him by the defendants, the tenants, their agents and 
 solicitors, and that they be examined on interrogatories con- 
 cerning the same ; and that whoever subscribed the said 
 articles to carry on the suits shall, as between the plaintiff 
 in the original cause, and the defendants the tenants, be con- 
 sidered in the original cause as defendants, and in the cross 
 cause as plaintiffs, and be subject to pay the costs in like 
 manner as the other defendants to the original bill ; and that 
 the. defendants, the tenants, do pay the costs in the original 
 cause, both at law and in this court, to be taxed by the said 
 Master. . And as to the said fines, the plaintiff in the original 
 bill having thereby waived the benefit of the forfeiture, His 
 Lordship doth order and decree, that the defendants and the 
 
454 EQUITY PRECEDENTS. 
 
 CH. I. other tenants of such tenant-right estates within the said 
 honors, manors, and boroughs, do pay their fines for their 
 several tenements, according to their fines assessed by the 
 plaintiffs' stewards or commissioners in open court. And if 
 any particular tenant shall think the fine imposed on his 
 tenement to be excessive, and do certify the same under his 
 hand to the registrar of this court, before the 1st day of 
 March next, and desires to try the same, that then the plain- 
 tiff, the Duke of Somerset, shall be discharged from his con- 
 sent to waive the forfeiture as to such tenement, and be at 
 liberty to bring his ejectment for the forfeiture, or other 
 action for the said fines, as he shall be advised ; to which 
 action such particular tenant shall forthwith appear, and 
 take a declaration, and try it the next assizes in Cumber- 
 land, or at bar, either by a common or special jury, as the 
 Court upon motion shall direct. And on that trial the Duke 
 of Somerset's right to a ground fine shall be admitted ; and 
 the question at such trial is only to be, whether such fine be 
 reasonable or unreasonable. And as to the defendant, the 
 Earl of Hertford, the said original is to stand dismissed 
 without costs. And the said Master is to tax the said Earl of 
 Hertford his costs in the cross cause to be paid by the plain- 
 tiffs therein. 
 
 CXXIV. Decree.— Case. 
 
 [The devise by the codicil was to trustees and their heirs, 
 in trust for the defendant MiUington Buckley, at twenty-one 
 years, for life, and in the mean time the rents and profits were 
 directed to be applied in payment of debts and legacies. 
 By the will, the same estate had been devised to charitable 
 uses.] 
 
 His Jjordship doth order that a case be made upon the 
 said testator's will and codicils, and the act of Parliament 
 to prevent the disposition of lands, whereby the same- be- 
 come unalienable, for the opinion of the judges of the Court 
 of King's Bench ; and that the same be settled by the said 
 Master, in case the parties differ about the same. And upon 
 the case so stated, it is further ordered, that the question be, 
 whether the said testator's real estate in Stretton and Shrews- 
 
DBCKEBS. 455 
 
 bury be well devised by the said codicil, dated the 17th day CH. i. 
 of March, 1736, to the defendant Millington Buckley for life, 
 with remainders over to his first and every sons in tail male, 
 the said Millington Buckley having attained his age of 21 
 years. And the judges of the Court of King's Bench are to 
 be attended with the said case. And His Lordship doth re- 
 serve the consideration of all further directions until affer 
 thejudges shall have made their certificate ; and thereupon 
 such further order shall be made as shall be just. 
 
 CXXV. Order to amend case. 
 
 His Lordship doth order that the case whereupon the 
 judges of the Court of King's Bench have certified their 
 opinion, be amended, by introducing therein a statement of 
 the facts that, &c. and by inserting therein the following ex- 
 tract from the will of Richard Lowe, the testator in the said 
 case named, that is to say, &c. And it is ordered that the 
 said case, when so amended, be referred back to the said 
 judges for their opinion, whether the facts so introduced are 
 admissible in evidence in the said case, and if so, whether 
 on the case so amended as aforesaid they are of the same 
 opinion as before certified by them, or how otherwise. And 
 His Lordship doth reserve the consideration of all further 
 directions until after the judges shall have made their certifi- 
 cate. And any of the parties are to be at liberty to apply to 
 this Court as they shall be advised. 
 
 CXXVI. Decree directing action. * 
 
 His Lordship doth order, that the parties do proceed to a 
 trial at law, at the next summer assizes to be holden for the 
 county of Somerset, upon the ejectment already brought, or 
 on any new ejectment to be brought by the defendants, or 
 either of them, for the premises in question. And it is fur- 
 ther ordered, that all copies of court rolls, deed, and writings, 
 which are in the custody or power of any of the parties, re- 
 lating to the premises in question be produced, &c. And it 
 is further ordered, that the injunction granted in this cause 
 
456 EQUITY PRECEDENTS. 
 
 CH. I. be continued, so far as to restrain the defendants from taking 
 possession in the mean time. And His Lordship doth re- 
 serve the consideration of costs, and of all further directions, 
 until after such trial shall be had, when any of the parties 
 are to be at liberty to apply, &c. (See usual directions, 
 No. XIX. ante.) 
 
 CXXVII. Decree retaining bill, with liberty to bring action. 
 
 His Honor doth order, that the plaintiff's bill be retained 
 for twelve months, with liberty for the plaintiff, in the mean 
 time to proceed at law touching the matter in question in 
 this cause, as he shall be advised. But in case the plaintiff 
 shall not proceed at law, and proceed to trial within the time 
 aforesaid, the plaintiff's bill is from thenceforth to stand dis- 
 missed out of this court with costs, to be taxed by Mr. P., 
 one, &c. But in case the plaintiff shall proceed at law, and 
 to trial as aforesaid, within the time aforesaid, His Honor 
 doth reserve the consideration of the costs of this suit, and 
 of all further directions, until after such trial shall be had. 
 And in either case, any of the parties are to be at liberty to 
 apply to the Court, as they shall be advised. 
 
 CXXVin. Order for cause to stand over, with liberty to add parties. 
 
 This cause coming this present day to be heard and de- 
 bated in the presence of counsel learned on both sides ; and 
 the pleadings in the cause being opened, and it appearing 
 that the plaintiffs had not all proper parties before this Court. 
 Whereupon, and upon debate of the matter, and hearing the 
 answer, &c. and what was alleged, &c. the Court doth order 
 that this cause do stand adjourned over. And the plaintiffs 
 are to be at liberty to amend their bill by adding proper par- 
 ties, and bring on their cause again to a hearing, as they 
 shall be advised ; but the plaintiffs are to pay unto the de- 
 fendants the costs of the day. 
 
DECREES. 457 
 
 CXXIX. Decree for cause to stand over, with liberty to supply proofs. CH. I. 
 
 It is ordered that this cause do stand over ; and that the 
 plaintiff do pay unto the defendants the costs of this day's 
 attendance. And, that the plaintiff be at liberty to exhibit 
 an interrogatory, or to take out a commission to examine 
 witnesses for proof of the settlement of the 25th and 26th 
 days of February, 1738, in the pleadings of the cause men- 
 tioned ; and that the defendants do join and strike commis- 
 sioners' names, in a week after notice thereof to their solic- 
 itor, or in default thereof, that the plaintiff be at liberty to 
 take out such commission, directed to her own commis- 
 sioners. And in case the defendants shall not examine any 
 witness produced by themselves, then such commission is to 
 be at the plaintiff's expense ; but this is not to prevent the 
 defendants from cross-examining any witness. And it is 
 further ordered, that the defendants, the representatives of 
 Thomas Johnson, the mortgagee of the estate in question, do 
 produce the said settlement to the examiner, or at the execu- 
 tion of such commission, to the end it may be examined to, 
 and also at the hearing of this cause. 
 
 DECREE BY DEFAULT, ETC. 
 CXXX. Decree by default. 
 
 This cause coming before this Court in the presence of 
 counsel learned for the plaintiff, none appearing for the de- 
 fendant, although he hath been duly served with a subpoena 
 to hear judgment in this cause, as by affidavit now read 
 appears ; the substance of the plaintiff's bill appeared to be 
 that, &c. Whereupon and upon hearing the defendant's an- 
 swer read and what was alleged, &c. this Court doth think 
 fit, and so order and decree, that, &c. And this decree is 
 to be binding unto the said defendant, unless he on being 
 served with a subpoena, to be served on him for that pur- 
 pose, shaU shew unto this Court good cause to the con- 
 trary. But the said defendant before he is to be admitted to 
 shew such cause, is to pay unto the plaintiff his' costs of this 
 day's default in appearance, to be taxed, &c. 
 
 39 
 
458 EQUITY PRECEDENTS. 
 
 CH. I. CXXXI. Order making decree absolute. 
 
 Whereas by an order of the 14th day of May last, made 
 on the hearing of this cause, it was ordered and decreed, 
 that, &c. and the said decree was to be binding upon the 
 defendant E. M. unless, &c. Now upon motion this day 
 made unto this Court by Mr. C. being of the plaintiff's coun- 
 sel, it was alleged that the defendant E. M. hath been duly 
 served with a subpcena to shew cause against the said de- 
 cree, returnable the first day of this term, as by affidavit 
 appears ; and no cause being shewn to the contrary thereof, 
 as by the Registrar's certificate appears : it was therefore 
 prayed that the said decree may be made absolute, which is 
 ordered accordingly. 
 
 CXXXII. Decree for taking bill pro confesso. 
 
 This cause coming this present day to be heard and de- 
 bated in the presence of counsel learned for the plaintiff", and 
 all the defendants except the defendant Walter Hendley. 
 The substance of the plaintiff"'s bill appeared that, &c. 
 Whereupon, and upon debate of the matter, and hearing of 
 what could be alleged by the counsel for the plaintiff, and 
 all the defendants except the defendant Walter Hendley ; 
 and forasmuch as the said plaintiff sued out a subpoena to 
 compel the defendant Walter Hendley to appear to, and 
 answer the plaintiff's bill, and the said defendant not appear- 
 ing thereto, and absconding to avoid being served with such 
 subpcena, as by affidavit appeared, the said plaintiff obtained 
 an order bearing date the 27th day of May, 1746, that the 
 said defendant should appear to the plaintiff's bill on or 
 before the 27th day of June then' next ; and the said order 
 having been duly published and read, as by affidavit of 
 H. M. appeared ; and the said defendant not having ap- 
 peared to the plaintiff's bill, the Court doth order and decree 
 that the same be taken pro confesso. 
 
DECREES. 459 
 
 DECREES BY CONSENT. CH. I. 
 
 CXXXIII. Decree by consent. 
 
 This Court doth by consent order, &c. ( See Decree for 
 Reference to Arbitration, No. CXXXIV. post.) 
 
 CXXXIV. Decree for reference to arbitration. 
 
 This Court doth by consent order that all matters in differ- 
 ence between the parties, and the costs of this suit and of 
 the arbitration, be referred to the arbitration, final end, and 
 determination of W. C. of, &c. who is to make his award in 
 'writing on or before the 26th day of May next. And by the 
 like consent, it is ordered that all deeds, books, and papers, 
 in the custody or power of either of the parties relating to 
 the matters in question be produced before the said W. C. 
 as he shall direct, to be ascertained by the oaths of the re- 
 spective parties producing the same. And the parties and 
 their witnesses, being first sworn before one of the Masters 
 of this court, are to be examined upon interrogatories or 
 otherwise as the said arbitrator shall think proper. And by 
 the like consent, no bill or bills is or are to be filed by either 
 of the parties against the said W. C. for any matter or 
 thing he shall do in, about, or touching the matter referred 
 to him. And by the like consent, the said arbitrator is to 
 have power from time to time to enlarge the time for making 
 his award as he shall think fit. 
 
 DECREES FOR DISMISSION. 
 
 CXXXV. Decree for dismission. 
 
 It is ordered, &c. that the plaintiffs bill do stand dismissed 
 out of this court with costs to be taxed, &c. 
 
460 EQUITY PRECEDENTS. 
 
 CH. I. CXXXVI. Decree for dismission as to part. 
 
 It is ordered, &c. as to so much of the plaintiff's bill as 
 seeks, &c. that the same be dismissed with costs, &c. {See 
 above.) And as to the rest of the relief sought by the plain- 
 tiff's bill, it is ordered, that, &c. 
 
 CXXXVII. Decree for dismission, with liberty to bring action. 
 
 It is ordered, &c. that the plaintiff's bill, as against the 
 defendant Samson, do stand dismissed out of this court 
 with costs, to be taxed by, &c. and as against the defendant 
 Hockin, without costs. And the plaintiff is to be at liberty 
 to bring an action on the said agreement against the defend- 
 ant Hockin, in the name of himself and the defendant Sam- 
 son, he indemnifying the defendant Samson therein. 
 
 DECREES ON BILLS OF REVIVOR AND SUPPLEMENT, ETC. 
 
 CXXXVIIL Order for revivor. 
 
 Upon motion this day made unto this Court by Mr. G. 
 being of the plaintiff's counsel, it was alleged that the plain- 
 tiffs, in or about, &c. exhibited their bill into this court 
 against W. B. and others, to be relieved touching the several 
 matters therein contained ; and that the said bill was after- 
 wards amended by order of this Court, and several parties 
 added thereto as defendants ; and the said Sir W. B. and 
 the other defendants appeared accordingly, and put in their 
 answers thereto. That before any further proceedings were 
 had in the said cause, the said W. B. died, having first duly 
 made his will, thereof appointed his daughter E. R., T. P. 
 and M. R., Esq. executors, who duly proved the same, and 
 the said suit and proceedings abated by the death of the said 
 W. B. That the plaintiffs have lately exhibited their bill of 
 revivor into this court, against the defendants, to which they 
 have appeared ; and their time for answering being out, it 
 
DECREES. 461 
 
 was therefore prayed that the said suit and proceedings may CH. i. 
 stand revived, and be in the same plight and condition they 
 were in at the time of the death of the said W. B., which is 
 ordered accordingly. 
 
 CXXXIX. Decree in supplemental suit to have the benefit of former 
 
 decree. 
 
 It is ordered," &c. that the decree made in the original 
 causes, wherein the present plaintiffs were plaintiffs, and 
 " Thomas Claughton was defendant, and Thomas Claughton 
 was plaintiff, and the present plaintiffs were defendants, 
 bearing date, &c. be carried on and prosecuted between the 
 parties to this present suit, in like manner as thereby directed 
 between the parties to the said original suits. And the 
 Court doth reserve the consideration of all further directions, 
 and of the costs of this suit, in like manner as costs and 
 further directions were reserved by the said former decree. 
 And any of the parties are to be at liberty to apply, &c. 
 ( See usual directions, No. XIX. ante. ) 
 
 ORDERS ON EEHEARINGS AND APPEALS. 
 CXL. Order reversing decree. 
 
 It is ordered that that part of the said decree complained 
 of by the said petition of rehearing be reversed, and instead 
 thereof that, &c. 
 
 CXLI. Order for committal for breach of injunction. 
 
 Upon opening of the matter this day unto this Court by 
 Mr. B. of counsel for the plaintiff, it was alleged, that by an 
 order dated the 14th day of March, 1815, it was ordered, that 
 an injunction should be awarded to restrain the defendant, 
 George Hustwick, from leading or taking away, &c. And 
 it appearing by the affidavit of T. R, the younger, that the 
 39* 
 
462 EQUITY PRECEDENTS. 
 
 CH I. defendant was duly served with the said injunction, and by 
 the affidavit of the said T. R. &c. that since the 6th day of 
 April last, the said defendant hath ploughed, broken up, &c. 
 It was therefore prayed, that, &c. Whereupon, and upon 
 hearing Mr. H. of counsel for the defendant, and the • affi- 
 davit of T. R. the younger, whereby it appears that he 
 did serve the said defendant with a writ of the said injunc- 
 tion, by delivering to and leaving with the said defendant a 
 copy of the said writ, and shewing him the original, and the 
 affidavits of T. R. the younger, &c. this Court doth order, 
 that the said defendant, George Hustwick, do. stand com- 
 mitted to, &c. 
 
(463 ) 
 
 CHAPTER II. 
 
 FORMS OF ORDERS 'according TO THE PRACTICE IN ^H. II. 
 ENGLAND, (a) 
 
 I. Order to amend an answer. 
 
 Forasmuch, &c. that the defendant since putting in his 
 answer to the plaintiff's bill, hath discovered that in the title 
 to his said answer he hath made a mistake in the Christian 
 
 name of the plaintiff by calling him instead of , 
 
 it is therefore prayed that the defendant be at liberty to take 
 his said answer off the file and amend the same in the title 
 
 thereof by naming the plaintiff instead of , 
 
 which is ordered accordingly, and that after such amendment 
 the defendant do re-swear the said answer. 
 
 n. Order that bonds of submission to arbitration be made an order of 
 
 Court. 
 
 Whereas the plaintiff and defendant have severally entered 
 into bonds, &c. [reciting the bonds] which said bonds were 
 
 duly executed as by the affidavit of a subscribing 
 
 witness thereto now produced and read appears, It is on the 
 
 motion of ordered that the said bonds of submission 
 
 entered into as aforesaid be made an order of this Court, 
 and that the said parties do submit to and be finally con- 
 cluded by the award which the said arbitrators shall make 
 pursuant to the said commission according to the statute in 
 that case made and provided. 
 
 III. Order directing that an agreement be made an order of Court. 
 
 Whereas by articles of agreement bearing date, &c. it is 
 recited and agreed as follows ; (that is to say,) [setting forth 
 
 (a) Taken from the Equity Draftsman. 
 
464 EQUITY PRECEDENTS. 
 
 CH. II. the instrument verbatim ;] Now upon motion, &c. and upon 
 producing one part of the said articles under the respective 
 
 hands and seals of — '■ , and praying that the same may be 
 
 made an order of this Court, It is ordered that the said agree- 
 ment be made an order of this Court, iq be observed and per- 
 formed by the parties thereto according to the tenor and true 
 
 meaning thereof, Mr. of counsel for consenting 
 
 thereto. 
 
 IV. Order for payment of the plaintiff's costs, part to the executors of his 
 deceased solicitor, and other part to his present solicitor ; the deceased 
 solicitor before his death obtained an order for taxation, but died before 
 the same was completed. 
 
 Vice- Chancellor. 
 
 Wednesday the day of , in the 6th 
 
 year, &c. 1825. 
 
 Between J. S. on behalf of himself and all other the 
 
 creditors of B. R. deceased, - - - Plaintiffs, 
 J. R., M. D.,*and others, Defendants. 
 
 Whereas A. C. and C. R. and C. C. did on the 26th day 
 of July, 1825, prefer their petition unto the Right Honorable 
 the Lord High Chancellor of Great Britain, setting forth that 
 by the order made on the hearing of this cause on further 
 directions and bearing date the 1st day of August 1823, it 
 was amongst other things referred to the Master to tax the 
 parties' costs subsequent to the last taxation thereof, and 
 what should be taxed for such subsequent costs of the plain- 
 tiff should be paid by the Accountant-General of this court 
 to Mr. T. O. or his solicitor ; That before the completion of 
 the said suit and taxation of costs the said Mr. T. O. died, 
 having duly made his will and thereby appointed the peti- 
 tioners A. C. and C. R. executors thereof, who have since 
 duly proved the same in the Prerogative Court of Canter- 
 bury ; and the petitioner C. C. since his death has acted as 
 the solicitor of the said plaintiff, and prosecuted the said suit 
 to a close ; That the said taxation of costs has lately been 
 completed, and the costs of the said plaintiff amount to the 
 
ORDERS. 465 
 
 sum of £245, as appears by the said Master's report, and that CH. ii. 
 such part thereof as had accrued in the said T. O.'s life-time 
 and belong to his estate is the sum of £183, which the first- 
 named two petitioners are entitled to receive and be paid as 
 such executors as aforesaid, and the residue thereof amount- 
 ing to the sum of £62, the petitioner C. C. is entitled to 
 receive and be paid as the said plaintiff's present solicitor in 
 the said cause, but the said Accountant- General cannot pay 
 the same to the petitioners without the order of this Court ; 
 And therefore praying that instead of the direction in the said 
 order dated the 1st day of August, 1823, to pay out of the 
 sums therein mentioned, what should be taxed for the plain- 
 tiff's subsequent costs to Mr. T. O. his solicitor, the said 
 Accountant-General might be directed to pay to the petition- 
 ers A. C. and C. R. or one of them as such executors as 
 aforesaid, the sum of £183, part of the said plaintiff's said 
 subsequent costs, and also to pay to the petitioner C. C. the 
 said plaintiff's present solicitor the sum of £62, the residue 
 thereof; Whereupon all parties concerned were ordered to 
 attend His Lordship on the matter of the said petition, and 
 counsel for the said petitioners this day attending accordingly, 
 upon hearing the said petition, the said order dated the 1st 
 day of August, 1823, the Master's report dated, &c. the pro- 
 bate of the will of the said T. O. dated, &(^ read, and what 
 was alleged by the counsel for the petitioners ; This Court 
 DOTH ORDER that instead of the direction in the order made 
 in this cause bearing date the 1st day of August, 1823, to 
 pay out of the sums therein mentioned what the Master 
 should tax for the plaintiff's subsequent costs of this suit 
 thereby directed to be paid to Mr. T. O. the plaintiff's then 
 solicitor, and which costs have since been taxed by the said 
 Master at the sum of £245, the sum of £183 part of the 
 plaintiff's said subsequent costs be paid to the said petition- 
 ers A. C. and C. R. or one of them as such executors as afore- 
 said, and that the sum of £62 the residue thereof be paid to 
 Mr. C. C. the plaintiff's present solicitor ; And for the pur- 
 poses aforesaid the said Accountant-General is to draw on 
 the bank according to the form prescribed by the act of par- 
 liament and the general rules and orders of this Court in that 
 case made and provided. 
 
466 EQUITY, PRECEDENTS. 
 
 CH. II. V. Order for a sheriff's officer to attend with a suitor whom he had arrested 
 
 on his returning from court» 
 
 Whereas Mr. L. as counsel for R. A. B. this day moved 
 the Right Honorable the Lord High Chancellor of Great 
 
 Britain that the said R. A. B. who on the day of 
 
 was arrested by J. L. the officer for the sheriff of 
 
 Middlesex in an action at the suit of S. H. gent, might be 
 discharged out of the custody of the said sheriff, for that the 
 said R. A. B. at the time of such arrest was returning home 
 from this court after his attendance as plaintiff on a motion 
 made in a cause depending therein wherein he was plaintiff 
 and H. and others were defendants, or that the said J. L. 
 might bring the said Mr. B. into this court, Whereupon and 
 upon hearing an affidavit of the said R. A. B. read, His 
 Lordship doth order that the sheriff for the county of M. 
 do attend with the said R. A. B. in this court to-morrow on 
 the sitting thereof. 
 
 VI. Order for the discharge of a suitor who had been arrested on leaving 
 
 the court. 
 
 Complaint being on this day made to the Right Honorable 
 
 the Master of the Rolls by Mr. as counsel for the 
 
 plaintiff in this cause, that on yesterday the the plain- 
 tiff E. H. on leaving this court when this cause was partly 
 heard was arrested, and the said plaintiff E. H. being present 
 in court in custody of W. J. A. one of the officers of the 
 sheriff of Middlesex who arrested her, and the said plaintiff 
 being sworn and examined and deposing that she is one of 
 the plaintiffs in this cause, and that on her return and before 
 she got home she was arrested by the said W. J. A. by virtue 
 of a warrant from the sheriff of Middlesex at the suit of the 
 
 defendant D. R. for a debt of £ , and the warrant being 
 
 produced in court. It is thereupon ordered that the said 
 plaintiff E. H. be forthwith discharged out of custody. 
 
ORDERS. 467 
 
 Vn. Order that the plaintiff may make his election to proceed at law or in C!H. II. 
 
 equity. 
 
 Forasmuch as this Court was this present day informed by 
 Mr. being of the defendant's counsel that the plain- 
 tiff doth prosecute the said defendant both at law and in this 
 court for one and the same matter, whereby the defendant 
 is doubly vexed ; It is therefore ordered that the plain- 
 tiff do within eight days after notice to his attorney at law 
 and clerk in court make his election, in which court he will 
 proceed, and if he shaU elect to proceed in this court, then 
 his proceedings at law are hereby stayed by injunction, but 
 in default of such election by the time aforesaid, or if the 
 plaintiff shall elect to proceed at law, then the plaintiff's bill 
 is &om thenceforth to stand absolutely dismissed out of this 
 court with costs to be taxed by Mr. one of the Mas- 
 ters of this court. 
 
 VIII. Order for the separate examination of femes covert as to the applica- 
 tion of a sum of money. 
 
 Upon motion of, &c. It is ordered that the said 
 
 the wife of and the wife of do sever- 
 ally attend or any of them to be solely and 
 
 secretly examined by them separate and apart from their said 
 husbands, how, and in what manner, and to what uses they 
 are willing and desirous that may be paid and ap- 
 plied ; and the said or any of them who shall 
 
 take such examinations are to take the same in writing sign- 
 ed by the said respectively, and to certify the same 
 
 in writing under their hands and the signing of the said 
 
 and such certificates are to be verified by affidavit ; 
 
 and upon the return of such certificates such order shall be 
 made as shall be just. 
 
 IX. Order that a defendant, a foreigner residing abroad, may answer in his 
 own language, and directing that the answer be translated by a notary- 
 public into English. 
 
 Upon motion, &c. that the plaintiff having exhibited his 
 bill into this court against the defendant that lives at 
 
468 EQUITY PRECEDENTS. 
 
 CH. II. in the kingdom of , he hath appeared thereto and hath 
 
 obtained an order for a commission for taking his answer at 
 
 , and such commission hath issued accordingly ; That 
 
 the defendant doth not understand the English language, 
 and therefore it was prayed that the defendant may be at 
 
 liberty to swear his answer in the language, and that 
 
 a notary-public may be appointed to translate the same into 
 the English language, and that he may be sworn to the true 
 translation thereof, and that such translation may be filed 
 with the defendant's other answer, which is ordered accord- 
 ingly, but notice hereof is first to be given to the plaintiff's 
 clerk in court. 
 
 X. Order directing that certain exhibits proved on a commission abroad be 
 delivered to a notary-public to be translated, and that his translation 
 thereof may be read at the hearing of the cause. 
 
 Upon motion, &c. that the plaintiff having examined 
 
 several witnesses in in this cause several of the 
 
 plaintiff's exhibits and proceedings are written in the 
 
 language, and therefore it was prayed that such of the said 
 proceedings and exhibits as are written in the lan- 
 guage may be delivered to a notary-public in order to trans- 
 late the said several proceedings and exhibits into the English 
 
 language, that the said may be sworn to the true 
 
 translation thereof, and that such translation may be read 
 at the hearing of this cause, which is ordered accordingly, 
 saving aU just exceptions. 
 
 XI. Order appointing an interpreter upon the examination of a foreigner 
 
 as a witness. 
 
 Upon consideration this day had by the Eight Honorable 
 the Master of the Rolls of the humble petition of the plain- 
 tiff, stating (amongst other things) that this cause is at issue 
 and that J. L. P. of, &c. is a material witness for the plaintiff, 
 and that the said J. L. P. speaks the French language but 
 does not understand the English langijage, so that the plain- 
 tiff cannot have the benefit of his testimony without the 
 assistance of an interpreter ; And therefore it was prayed 
 
OEDERS. 469- 
 
 ' and His Honor doth accordingly order that B. B. of, &c. be CH. ii. 
 appointed interpreter to the said J- L. P. on his being ex- 
 amined as a witness in this cause on behalf of the petitioner ; 
 And that the said B. B. be sworn truly to interpret the oath 
 to be administered to the said J. L. P. and also the interrog- 
 atories on which he shall be examined and his depositions to 
 such interrogatories, and likewise ■ to keep such depositions 
 secret until publication shall duly pass in this cause, of 
 which notice is first to be given to the defendant's clerk in 
 court. 
 
 XII. Order for an injunction enjoining tlie defendant to deliver possession 
 
 to the plaintiff. 
 
 Upon motion, &c. it was alleged that by the order made 
 on the hearing of this cause, it was ordered that the defend- 
 ant should deliver possession of the estate in question and 
 all deeds and writings in his custody or power relating 
 thereto to the plaintiff ; That the defendant who is in pos- 
 session of the said estate was served with a writ of execu- 
 tion of the said order, and the plaintiff required him to deliver 
 possession, which he refused to do as by the affidavit appears ; 
 and an attachment having been made out against the said 
 defendant, It was therefore prayed that an injunction may 
 be awarded against the sadd defendant to enjoin him to de- 
 liver possession of the'said estate to the said plaintiff pur- 
 suant to the said decree, which upon reading the affidavit is 
 ordered accordingly. 
 
 XIII. To dissolve an injunction nisi. 
 
 Whereas the plaintiff obtained an injunction for stay of 
 the defendant's proceedings at law until the defendant should 
 ansvsrer the plaintiff's bill, and this Court make other order to 
 
 the contrary ; Now upon motion this day made by Mr. 
 
 being of the defendant's counsel, it was alleged that the de- 
 fendant hath since put in a full and perfect answer to the 
 plaintiff's bill and thereby denied the whole equity thereof, 
 And it was therefore prayed that the said injunction may be 
 dissolved, which is ordered accordingly unless the plaintiff 
 40 
 
470 EQUITY PRECEDENTS. 
 
 CH. II. his clerk in court having notice hereof shall on shew • 
 
 unto this Court good cause to the contrary. 
 
 XIV. Order made upon shewing cause against dissolving an injunction, ex- 
 ceptions having been taken to the defendant's answer, — reference directed 
 to the Master to certify whether the answer is sufficient or not, provided 
 his report be obtained within a limited time. 
 
 Whereas by an order of the day of for the 
 
 reasons therein contained, it is ordered that the injunction 
 granted in this cause for stay of the defendant's proceedings at 
 law. should be dissolved, unless the plaintiff his clerk in court 
 having notice thereof should on this day shew unto this 
 Court good cause to the contrary ; Now upon motion, &c. it 
 was alleged that the defendant having put in an insufficient 
 answer to the plaintiff's bill, the plaintiff hath taken excep- 
 tions thereto, since which the defendant hath not put in any 
 further answer although the defendant's is very insufficient 
 as the plaintiff is advised ; And therefore it was prayed that 
 the said injunction may be continued until the said defend- 
 ant hath put in a perfect answer to the plaintiff's bill ; 
 Whereupon and upon hearing of what was alleged by the 
 counsel on both sides. It is ordered that it be referred to 
 Mr. , one, &c. to look into the plaintiff's bill the defend- 
 ant's said answer and the plaintiff's said exceptions, and 
 certify whether the said answer be si(P5cient or not ; But the 
 
 plaintiff is to procure the Master's report in days, or in 
 
 default thereof the said injunction is to stand dissolved 
 without further motion, which in the mean time is hereby 
 continued. 
 
 XV. Order made on the petition of a purchaser directing a reference to the 
 Master to inquire at what time the vendors (who were trustees for sale) 
 had shewn a good title, and when the incumbrancers and all parties inter- 
 ested were ready to join ; what expenses had been incurred by the pur- 
 chaser in getting in the incumbrances, and in the execution of certain 
 nstruments, which ought not to have been borne by him, and also what 
 dilapidations liave taken place. 
 
 Friday the 5th day of August, &c. 1825. 
 Between T. Tunstall, Esq. and M. I. his wife, 
 &c. Plaintiffs, 
 
ORDERS. 471 
 
 and CH. II. 
 
 F. M. Trappes and E. his wife, &c. Defendants. 
 
 And between the said T. T. Esq. and M. I. his 
 wife, &c. .... Plaintiffs, 
 
 and 
 M. A. Tasburgh, &c. - . - Defendants. 
 
 And between B. Rawson, Esq. . Plaintiff, 
 
 and 
 The said M. A. Tasburgh, &c. - Defendants. 
 
 Whereas the above-namei^ B. Rawson did on the 22d day 
 of June last prefer his petition unto the Right Honorable the 
 Lord High Chancellor of Great Britain, setting forth that 
 
 on the day of 1821 the petitioner entered into a 
 
 contract or agreement in writing with the above-named de- - 
 fendants in the third mentioned cause whereby, &c. 
 
 That the said conveyances and assurances were not exe- 
 cuted by all parties thereto by the said 15th day of November 
 last, several of them having made various objections and 
 others requiring certain conditions and compensations to be 
 previously given or secured to them ; And by another order 
 of His Lordship made in the said cause, and also in the other 
 two causes therein before mentioned, upon the application to 
 the defendants to the seftd thirdly mentioned suit, and bearing 
 date the 13th day of November last. It was ordered by and 
 with the consent and approbation of all parties beneficially 
 interested in the said purchase (being the several parties to 
 the first mentioned cause, or who had already executed the 
 said conveyance) that the said time for completing the same 
 should be further enlarged to the 10th day of January then 
 next, and that upon the execution of the said conveyances, 
 releases, mortgages, and other assurances approved of by the 
 Master by the parties thereto respectively except C. T. party 
 thereto for whose signature within two years the petitioner 
 thereby agreed to accept the undertaking of J. J. P. and G. P. 
 and the fine ievied by F. M. T. and E. his wife, and satisfac- 
 tion of or a suflScient substantial indemnity against the judg- 
 ments remaining unsatisfied on the rolls, and when the said 
 conveyances, releases, mortgages, and other assurances were so 
 
472 EQUITY PKBCEDBNTS. 
 
 CH. II. executed, the said fine levied, satisfaction so entered or indem- 
 nity given, and possession of the said estates delivered to the 
 petitioner except the portion thereof in the possession of the 
 defendant J. S. and the said conveyances and, releases and 
 the title deeds, evidences, and writings, deposited in the 
 office of Mr. C. the Master to whom these causes stood re- 
 ferred ready for delivery thereof to the petitioner, after pay- 
 ment of the purchase-money, It was ordered that the full 
 amount of the purchase-money, except £1030 and .£3000, 
 being the sum of £48,685, should be paid by the plaintiff into 
 the bank, in the name and with the privity of the Account- 
 ant-General of this court to the credit of the three causes sub- 
 ject to the several charges, liens, and incumbrances affecting 
 the said estates and to the further order of the Court, but 
 without prejudice to the claims of the plaintiff for costs and 
 dilapidations ; And it was ordered that £2520 9s. 6d. part of 
 the said £48,685 when paid in should be carried over to a 
 separate account in these causes, to be entitled, " The account 
 of the S. estate," upon which W. R. the mortgagee of that 
 estate was to have the first claim for principal, interest and 
 costs, in respect of such mortgage-money and costs ; And it 
 was ordered that the mortgage for £1030 should be paid off 
 within one month after the execution thereof, and that upon 
 the execution of proper and sufficient releases such sum of 
 £1030 should be also paid by the petitioner into the bank to 
 the credit of these causes ; And it was ordered that the inter- 
 est of the £3000 remaining on mortgage should be also from 
 time to time during the life of the said F. M. T. paid into 
 the bank to the credit of these causes, and upon payment of 
 the sum of £48,685, as aforesaid by the petitioner. It was 
 ordered that the said title-deeds, evidences, and writings 
 should be delivered up by the said Master to the plaintiff, and 
 that the possession of the portion of the said estates in pos- 
 session of the said J. S. should be then delivered by him to 
 the petitioner, and that the purchase-money should not be 
 paid out without notice to all parties in the said order named, 
 and that the petitioner should be let into the receipt of the 
 rents and profits as from the 11th day of October instant, 
 paying interest from the 1st day of November then instant 
 to the day of paying the money into ' court ; That the said 
 conveyances, releases, and other assurances were not com- 
 
ORDERS. 473 
 
 pleted and executed, or the other matters and things in the CH . ii. 
 said recited order mentioned done and performed by the said 
 10th day of .January, and the time for doing or procuring the 
 same was enlarged to the 10th day of February last, and 
 from thence the same was further enlarged to the 15th day 
 of March last, when another order was made in the said 
 three causes and bearing date the same 15th day of March 
 last, whereby the said time was by and with the like consent 
 as aforesaid still further enlarged to the 20th day of April 
 last ; And it was ordered that the provisions in the said order 
 of the 13th day of November last, so far only as regards the 
 payment by the petitioner into the bank in the name of the 
 Accountant-General of the full amount of the petitioner's 
 purchase-money except the sum of £1030 and .£3000 and 
 his being let into the receipt of the rents and profits of the 
 said estates from the 11th day of October last, paying inter- 
 est from the 1st day of November to the day of paying the 
 money into court should be varied, and instead thereof. It 
 was ordered that the petitioner should on or before the said 
 20th day of April then next, and when the said conveyances, 
 releases, mortgages, and other assurances were executed, 
 such execution to be certified by the Master, and when the 
 other matters and things directed in the said order to be done 
 before the payment of the purchase-money into court, were 
 done and performed as directed by the said order (the same 
 to be verified by affidavit,) pay into the bank with the privity 
 of the said Accountant-General his said purchase-money with 
 interest to be there placed to the credit of the said three 
 causes as aforesaid, but subject and without prejudice as in 
 the said order mentioned, and that the petitioner should be 
 let into the receipt of the rents and .profits of the said estate 
 from the 5th day of April then next ;, That the said convey- 
 ances, releases, and assurances and other matters and things 
 in the said order mentioned were not completed and done 
 and performed by the said 20th day of April last, but by 
 another order of this Court bearing date the 2d day of May, 
 1825, the said time was finally enlarged to the 9th day of 
 May last, and the said order of the 15th day of March, 1825, 
 was also thereby varied and directed to be as follows, viz : 
 That the time for executing and settling all proper and nec- 
 essary conveyances, releases, mortgages, and assurances of 
 40* 
 
474 EQUITY PRECEDENTS. 
 
 CH. It. t'he estate and premises to the petitioner the purchaser, which 
 stood enlarged by the said order of the 13th day of Novem- 
 ber, 1824, to the 10th day of January, 1825, and which had 
 been further enlarged to the said 15th day of March last, 
 should be further enlarged to the 9th day of May then instant, 
 and that the provisions of the order dated the 13th day of 
 November, 1824, so far only as regards the payment by the 
 petitioner into the bank in the name of the Accountant- Gen- 
 eral of this court of the full amount of his purchase-money 
 except the sums of £3000 and ,£1030, in the said order men- 
 tioned, and being let into the receipt of the rents and profits 
 of the said estates from the 11th day of November then last, 
 paying interest from the 1st day of November to the day of 
 paying the money into court should be varied, and instead 
 thereof that the petitioner should on or before the 9th day of 
 May instant, and when the said conveyances, releases, and 
 other assurances (the said mortgages excepted) were exe- 
 cuted, and when the said matters and things directed by the 
 said order dated the 13th day of November, 1824, to be done 
 before the payment of the purchase-money into court were 
 done and performed as directed by the said order of the 13th 
 day of November last, pay into the bank with the privity of 
 the said Accountant- General to be there placed to the credit 
 of these causes, his purchase-money, except the said sums of 
 £3000 and £1030 as aforesaid, being the sum of £48,685 
 with interest, but subject and without prejudice as in the 
 said order mentioned, h'e the petitioner as to his own execu- 
 tion, and the defendants M. A. T., S. T. S. and C. V. the 
 trustees as to the execution by themselves and all other par- 
 ties (except the plaintiffs in the first and second causes, and 
 except the defendants R. W., I. S., and R. O.) undertaking 
 to procure the execution of the mortgages on or before the 
 26th day of May then next, and of the release of the mort- 
 gage for £1030 on or before the 26th day of June then next, 
 the execution of such mortgages and releases as to the ex- 
 cepted parties being undertaken for by them respectively, the! 
 said mortgages and releases so far as the same had not 
 ahready been approved of by or on behalf of the parties to be 
 settled by the said Master in case the parties differ about the 
 same, and that £2520 9s. 6d. part of the £48,685, when so 
 paid into the bank shall be so carried over to a separate ac- 
 
ORDERS. 476 
 
 count in these causes, to be entitled, " The account of the S. ^H' "■ 
 estate ; " upon which "W. R. the mortgagee of that estate 
 was to have the first claim for principal, interest and costs in 
 respect of such mortgage, and that upoii the execution of a 
 proper and sufficient release for the said mortgage of £1030, 
 the petitioner should pay the said sum of £1030, and the 
 interest thereon into the bank with the privity of the Ac- 
 countant- General to be there placed to the credit of these 
 causes subject to the further order of this Court, and that 
 the petitioner should also pay the interest of the £3000 re- 
 maining on mortgage from time to time during the life of 
 the said F. M. T. into the bank with the privity of the said 
 Accountant- General to be there placed to the credit of these 
 causes, the amount to be verified by affidavit, subject to the 
 further order of this Court, and that the petitioner should be 
 let into the receipt of the rents and profits of the said estates 
 'from the 5th day of April last ; That the said defendants to 
 the thirdly mentioned suit having at length completed the said 
 conveyances and done and performed the matters and things 
 in the said several orders required of them, the petitioner on 
 the 7th day of May last, paid his said purchase-money, except 
 as aforesaid, into the bank, as by the same orders directed, 
 part whereof has been carried over to the separate account 
 
 of the said estate and the whole has since, pursuant 
 
 to another order of this Court, been laid out in the purchase 
 of bank £3 per cent, annuities, in the name of the said Ac- 
 countant-General, In trust in these causes, subject to the 
 further order of the Court ; That it was in and by the said 
 purchase-contract provided that inasmuch as the said manor- 
 land and hereditaments at N. aforesaid were subject to cer- 
 tain family portions not exceeding in the whole £7300 for 
 persons some of whom from legal disabilities might for a 
 time be incompetent to release the said estate, a fuU and 
 sufficient sum of money for securing the payment of such 
 portions should be set apart from the said purchase-money 
 and be invested by the said defendants and petitioner, their 
 respective heirs, executors, administrators, or assigns, on gov- 
 ernment security in the joint names of trustees, two of 
 whom to be named by the said defendants and two by the 
 petitioner, until the payment and release of such portions, 
 and a proper deed or instrument in writing should at the ex- 
 
476 EQUITY PRECEDENTS. 
 
 CH. II. pense of the said defendants the vendors be prepared and exe- 
 cuted by such trustees, declaring the trusts thereof, which 
 deed when so executed as aforesaid should be deposited with 
 the petitioner, his heirs, appointees, or assigns, but it was after- 
 wards agreed by all parties and at the request of the defend- 
 ants in the third mentioned cause, that to avoid setting aside 
 • so large a part of the said purchase-money as would be re- 
 qtiired to secure such portions upon government security, 
 the petitioner should retain the two sums of £1030 and 
 £3000 being the only portions which were incapable of be- 
 ing released, and grant mortgagas of competent parts of the 
 said estates for securing the payment thereof when the par- 
 ties entitled thereto should be enabled to release the same, 
 and which mortgages were prepared and approved of by the 
 said Master with the other deeds and instruments, and are 
 the same as are mentioned and referred to in the said recited 
 orders ; That immediately after the payment by the plaintiff 
 of his purchase-money and his obtaining his said convey- 
 ances, he did according to his undertaking in the last order 
 execute and deliver over such two mortgages, and has also 
 prepared and delivered for execution a release for the said 
 sum of £1030 and is ready and desirous of paying off the 
 same with the interest accrued thereon immediately the same 
 is executed ; That since the date of the said purchase-agree- 
 ment and during the period the title to the said estates and 
 premises had been under investigation, and the subsequent 
 length of time consumed in the settlement of the said con- 
 veyances and the said inquiry as to the necessary parties 
 thereto and obtaining the concurrence and execution thereof 
 by such parties, the said estates and premises and the build- 
 ings thereon have become greatly dilapidated,. and the mort- 
 gagees and other incumbrancers in possession thereof have 
 suffered the tenants thereof to carry off the produce thereof 
 and otherwise cultivate the same in an unhusband-like man- 
 ner contrary to the custom of the country, whereby the land 
 is greatly deteriorated, and the petitioner has lately caused 
 the same to be surveyed and the damage estimated, and the 
 same is' found to amount to a very large sum of money, 
 which the plaintiff is advised and submits he is entitled to 
 have paid back to him out of the said purchase-money as an 
 abatement, the same having been expressly paid under the 
 
ORDERS. 477 
 
 Several orders without prejudice to the said petitioner's said CH. ii. 
 claim ; That from the circumstances in the said Master's re- 
 port of the number and amount of the incumbrances and of 
 the various proceedings and negotiations and other matters 
 incident to the situation of the several parties, the convey- , 
 ances and assurances to the petitioner have been greatly- 
 increased in number and length, and the expenses thereof 
 and of the said purchase throughout have been also thereby 
 greatly increased ; and the plaintiff submits that he is enti- 
 tled to be paid all such increase of expenses thereof out of 
 the said purchase-money so 'paid by him into court as afore- 
 said, or that the said defendants in the third-mentioned 
 cause as vendors, are themselves bound to contribute thereto 
 such portions of the said expenses as have been occasioned 
 by reason of such incumbrances, proceedings, and negotia- 
 tions or incident thereto, or as shall exceed the amount the 
 petitioner would have had to bear had the said defendants 
 the said vendors in the first instance procured conveyances 
 of the several interests of such incumbrances to themselves, 
 and then have conveyed to the petitioner by a common con- 
 veyance, and to be allowed the same as trustees in their 
 accounts, and the petitioner has also at present been at the 
 expense of the said two mortgages and the proceedings rela- 
 tive thereto for securing the parts of the said purchase-money 
 for the said parties stated to be under legal disabilities and 
 as provided by the said purchase-agreement, but which it is 
 thereby also provided should be paid by the said defendants 
 in the third-mentioned cause as hereinbefore stated ; and the 
 plaintiff has also entered into a certain deed of covenant for 
 the production of the title deeds of the said estates for the 
 purposes of the inquiries in the first-mentioned cause, the 
 expenses whereof it has been Agreed should be borne by the 
 said defendants ; And therefore. Praying that it might be re- 
 ferred back to the said Master to tax the petitioner his costs 
 of the said third-mentioned suit, and also his costs of the 
 second-mentioned suit, and the costs of the said several or- 
 ders and applications and other proceedings made and had 
 in the said three suits jointly and in the said thirdly men- 
 tioned suit separately. Or if necessary, that it might also 
 be referred to the said Master to inquire and certify to this 
 Court whether the said defendants had shewn a good title to 
 
478 EQUITY PKBCEDBNTS. 
 
 CH. II. the said estates and premises, or whether they were able to 
 execute or procure to be executed to the petitioner good and 
 sufficient conveyahces, releases, and assurances of the same 
 free from all incumbrances save as appears by the said con- 
 tract or agreement for sale previously to the filing of the 
 petition in the said thirdly mentioned cause, or at what 
 period they made out such good title or were able to execute 
 or cause or procure to be executed such conveyances, re- 
 leases, and other assurances as aforesaid ; And that the said 
 Master might also ascertain and allow to the petitioner the 
 part or proportion of the costs, charges, and expenses of the 
 said several conveyances, releases, and other assurances, and 
 of the various proceedings, negotiations, and other matters 
 and things incurred and paid by him in consequence of or 
 by reason or means of the number of incumbrances on the 
 said estates and of the situation of the said several parties 
 and incident thereto, together also with such costs, charges, 
 and expenses as petitioner has incurred or may incur in or 
 in relation to the said mortgages granted to secure the said 
 portions as provided by the said purchase-contract, and of 
 the releases when paid off, and also of the said deed of cove- 
 nant entered into by the petitioner as aforesaid and of the 
 production thereunder and incident thereto respectively; 
 And that it might also be referred to the said Master to take 
 an account and valuation of the dilapidations which have 
 taken place on the said estates and premises since the date 
 of the said agreement and of the deterioration and waste 
 committed thereon since the same period and previously to 
 the plaintiff taking possession thereof ; And that what the 
 said Master shall tax for the plaintiff's said costs of these 
 suits respectively, and what he shall allow for the part or 
 proportion of the said other costs, charges, and expenses here- 
 inbefore mentioned, and also what he shall certify to be the 
 amount or valuation of the said dilapidations, deteriorations, 
 and waste might be paid back to the petitioner out of his 
 said purchase-money so paid into the bank as aforesaid ; 
 and that for this purpose the Accountant- General might be 
 directed to sell so much of the sum of £50,870 3 per cent, 
 consolidated annuities now standing in his name in the 
 books of the Bank of England In trust in these causes 
 as will raise sufficient to pay the same ; Whereupon all par- 
 
OEDERS. 479 
 
 ties concerned were ordered to attend His Lordship on the CH. ii. 
 matter of the said petition ; And counsel for the petitioner 
 and for the plaintiffs in the first and second causes, and for 
 the defendants F. M. T. and E. his wife, F. T. &c. &c. &c. 
 this day attending accordingly, no one attending for' the 
 other parties although they have been duly served with a 
 copy of the said petition and order thereon as by affidavit 
 now read appears, upon hearing the said petition, the agree- 
 ment dated, &c. &c. [referring also to the several orders\ 
 read, and what was alleged by the counsel for the petitioner 
 and for the said parties. His Lordship doth order that it be 
 referred back to the Master, Mr. C, to inquire and state to 
 the Court at what time the defendants the vendors in the 
 third-mentioned cause had shewn a good title to the estate 
 and premises, and when the several incumbrancers and other 
 parties joined, and when they were ready to join respectively 
 in the conveyance thereof to the petitioner, the purchaser ; 
 And it is ordered that the said Master inquire whether any 
 and what cost, charges, and expenses have been incurred 
 and sustained by the said petitioner, the purchaser, in and 
 about getting in the several incumbrances on the said estates 
 and the mortgages to secure the portions and the deed of 
 covenants mentioned in the petition and incident thereto 
 which ought not to be borne by the petitioner, the purchaser ; 
 And it is ordered that the Master do also inquire and state 
 to the Court whether any and what dilapidations have taken 
 place upon the said N. estate between the date of the con- 
 tract for sale thereof and the petitioner taking possession, 
 and to distinguish at what times such dilapidations have 
 taken place, and the parts of the said estate upon which the 
 same have so taken place ; and the said Master is to be at 
 liberty to state special circumstances arising out of any of 
 the said inquiries, and the same are to be without prejudice 
 to the costs thereof respectively ; and it is ordered that the 
 rest of the petition do stand over. 
 
 XVI. Order for the appointment of a receiver with liberty to let the estate 
 with the approbation of the Master. 
 
 Upon opening, &c. It is ordered that it be referred to 
 Mr. — , &c. to appoint a proper person to be receiver of 
 
480 EQUITY PKECBDBNTS. 
 
 CH. II. the rents and profits of the real estate of , and to allow 
 
 him a reasonable salary for his care and' pains therein, such 
 person so to be appointed receiver first giving security to be 
 allowed of by the said Master and to be taken before a Mas- 
 ter Extraordinary in the country if there shall be occasion, 
 duly and annually to afccount for and pay what he shall so 
 receive as this Court shall direct, and the tenants 6i the said 
 estate are to attorn and pay their rents in arrear and grow- 
 ing rents to such receiver, who is to be at liberty to let and 
 set the said estate from time to time with the approbation of 
 the said Master as there shall be occasion. 
 
 N. B. If the estate be in Ireland say " and let the person 
 " who shall be appointed receiver of the rents and profits of 
 " the said estate in Ireland give security to be approved of 
 " by the said Master ; but the recognizance is to be acknowl- 
 " edged by the person so to be appointed receiver before a 
 " Master of the Court of Chancery in Ireland, and to be 
 " duly entered and enrolled according to the course of that 
 " Court ; and the taking and enrolling thereof is to be dyly 
 " certified to this Court by one of the Masters of that 
 " Court." 
 
 If there be copyhold estates and Courts to be held, add at 
 the end the following words : " and let such Courts as have 
 " been usually held and are proper to be held for the copy- 
 " hold estate, be from time to time held by the receiver in 
 " the name or names of the person or persons in whom the 
 " legal estate is, and let the receiver bring into this Court his 
 " account of all such fines and other profits as shall be taken 
 " by him at such Courts." 
 
 If a manor, insert before the preceding clause " and any 
 " 6ther person or persons in receipt of any part of the profits 
 " of the said manor are also to pay the arrears and growing 
 " payments thereof to such receiver," and conclude thus, 
 " and let such receiver let or set such part or parts of the land 
 " and premises and the quit rents and other manorial rights 
 " and profits of the said manor as have been usually let or 
 " set by copy of court-roU or otherwise according to the cus- 
 " torn of the said manor with the approbation of the Master 
 " as there shall be occasion." 
 
OEDBES. 481 
 
 XVII. Order made upon pelttion for sale of an estate ; -with liberty to the CH. II. 
 petitioners to proceed in a suit in the names of the plaintiffs upon indem- 
 nifying them against the costs. 
 
 It was ordered on the consent of the parties therein 
 mentioned, that the said estate should be sold before the 
 Master, together or in parts as the said Master should think 
 fit, and all proper parties were to join as the said Master 
 should direct ; And in order to the said sale, all deeds and 
 -writings in the custody or power of any of the parties re- 
 lating thereto were to be produced before the said Master 
 upon oath ; And it was ordered that the money arising by 
 such sale should be paid by the purchaser or purchasers into 
 the bank in the name and with the privity of the Accountant- 
 General of this court, to be there placed to the credit of the 
 said cause, subject to the further order of this Court ; And it 
 was further ordered that S. T. &c. the petitioners, should be 
 at liberty to proceed in the said suit in the names of the 
 plaintiffs A. S. &c. the petitioners, indemnifying them against 
 all costs which might be occasioned thereby. 
 
 XIX. That service of a subpoena on the defendant's attorney be deemed 
 good service on the defendant. 
 
 Upon motion, &6C. it was alleged that the defendant prose- 
 cutes the plaintiff at law and cannot be found to be served 
 with a subpoena, as by affidavit appears, and it was there- 
 fore prayed that service of a subpoena to appear to answer 
 the plaintiff's bill upon the defendant's attorney-at-law be 
 deemed good service on the defendant to compel him to ap- 
 pear to and answer the plaintiff's bill, which upon hearing 
 the said affidavit read is ordered accordingly. 
 
 41 
 
482 EQUITY PRECEDENTS. 
 
 CH. II. XX. Order made on an infant's having atfiined twenty-one, directing an 
 immediate transfer to her of a sum of stock, and payment of the accruing 
 dividends thereon, also payment of a sum of cash in the bank to her solici- 
 tor, and further directing upon the execution by her of the conveyances 
 of certain estates to the purchasers thereof, under a decree for sale made 
 during her minority (which decree is set forth in the recital of the peti- 
 tion,) a transfer to be made to her of a sum of stock purchased with the 
 moneys produced by sale of the estates, and payment of the accruing 
 dividends thereon. (The petitioner having married previously to. the 
 transfer of the latter sum, and covenanted that the same should be trans- 
 ferred to the trustees of the settlement executed previously to her mar- 
 riage, it became necessary to obtain another order, which is inserted 
 post, p. i89.) 
 
 Vice- Chancellor. 
 
 Wednesday the 8th day of August, &c. 1827. 
 
 Between J. M. and I. his wife, B. L. and M. his 
 wife, - - - • - Plaintiffs, 
 
 and 
 J. S., J. W. and L. his wife, &c. - Defendants. 
 
 . Whereas the above-named defendant L. L. S. did on the 
 1st day of August instant prefer her petition unto the Eight 
 Honorable* the Lord High Chancellor of Great Britain, set- 
 ting forth that W. S.' late of &c. deceased, by his last will 
 and testament bearing date the 8th day of June, 1809, duly 
 executed and attested for the validity of devises of real es- 
 tates, gave and devised unto his mother C. S. the messuage, 
 &c. for and during the term of her natural life, and from and 
 immediately after her decease, in case she survived the said 
 testator, which event happened, he gave and devised the 
 same premises unto his son .J. S. his heirs and assigns for- 
 ever, subject nevertheless to and charged with the payment 
 of the sum of £500 which he directed should be considered 
 as part of his personal estate ; And the said testator also 
 gave and devised unto his wife M. S. the messuage, &c. for 
 and during the term of her natural life, and from and after the 
 decease of his said wife, in case she survived the said testa- 
 tor (which she did) he gave and devised the said last-men- 
 tioned premises unto his said son J. S. his heirs and assigns 
 
ORDERS. 483 
 
 forever, subject nevertheless to and charged and chargeable ch. ii. 
 with the payment of the sum of ,£1000 which he directed 
 should be also considered as part of his personal estate, and 
 all the resrdue of the said testator's personal estate as well 
 as the said several sums before mentioned to be considered 
 as his personal estate, he gave and bequeathed unto his five 
 daughters equally to be divided between them as particularly 
 mentioned in the said will ; That the said testator departed 
 
 this life on or about the day of , leaving his 
 
 said mother C. S. who departed this life on or about the 
 
 ; day of December , and the said M. S. who 
 
 died on or about the day of January ; That 
 
 the said J. S.*the son of the said testator and to whonj. he 
 gave and devised the said estates charged as aforesaid after 
 the death of the said C. S. and M. S. also departed this life 
 
 on the day of intestate, leaving the defendant 
 
 L. W, then L. S. his widow and the petitioner his only 
 daughter and heiress at law him surviving ; That the said 
 L. S. afterwards intermarried with the defendant J. W. and 
 they as the bailiffs or guardians of the* petitioner entered 
 into the possession of the said estates so devised and charged / 
 
 as aforesaid, and into the receipt of the rents and profits 
 thereof ; That by an order made in this cause bearing date 
 the 23d day of December, 1817, it was referred to Mr. C. 
 then one of the Masters of this court, to take an account 
 of what was due for interest on the said sums of £1000, and 
 £500 so charged on the said estates as aforesaid, and also to 
 take an account of the rents and profits of the several prem- 
 ises so charged with the payment thereof, which had come 
 to the hands of or been received by the said defendants J. W. 
 and L. his wife, or by any person or persons by their or either 
 of thteir order or for their or either of their use ; And it was 
 further ordered that the said several premises so respectively 
 charged with the payment of the said sums of £1000 and 
 £500 or so much or such part thereof respectively as the 
 said Ma^er should deem nroessary, should be sold with his 
 approbation to the best purchaser or purchasers that could 
 be got for the same to be allowed of by the said Master, 
 wherein all proper parties were to join and concur as the 
 said Master should direct, and in order thereto, All deeds 
 
484 EQUITY PRECEDENTS. 
 
 CH. II. and writings were to be produced, and the petitioner was also 
 to join in such sale when she should attain the age of twenty- 
 one years, unless on being served with a subpoena to shew 
 cause against the said order, the petitioner should within 
 six months after attaining that age shew good cause to the 
 contrary ; And in the mean time it was ordered that th? 
 purchaser should hold and enjoy the same against the said 
 defendant the petitioner and her heirs ; And it was ordered 
 that the moneys to arise by such sale should be paid into 
 the bank with the privity of the Accountant-General of this 
 court to be there placed to the credit of this cause, " The 
 amount of moneys produced by sale of real estates," subject 
 to tihe further order of the Court ; That the sftid Master by 
 three several reports of sale bearing date respectively the 
 13th day of October, 1818, which were all duly confirmed, cer- 
 tified that he had been attended by the solicitors for all par- 
 ties, and that it appearing to him to be necessary that the 
 whole of the premises so charged as aforesaid should be sold, 
 he had therefore provided to sell the same in three lots in 
 manner therein mentioned, and by one of such reports he 
 certified that W. F. of, &c. (one of the defendants) was the 
 best bidder for and the purchaser of the premises comprised 
 in lot 1 at the price or sum of £1000, and that in the condi- 
 tions it was stipulated that the purchaser should pay for the 
 fixtures in and about the same according to the valuation 
 therein mentioned, which in the particular of sale was stated 
 to have been made at the sum of £15, which said sum of 
 £15i)eing added to the sum of £1000 they made together 
 the sum of £1015 being the whole purchase-money for lot 1 ; 
 And by another of such reports he certified that J. G. and 
 J. S. of, &c. werfe the best bidders for and the purchasers of 
 the premises comprised in lot 2 at the price or sum • of 
 £1320; And by the other of such reports he certified that 
 J. M. of, &c. (one of the plaintiffs) was the best bidder for 
 and the purchaser of the premises comprised in lot 3 at 
 or for the price or sum of ^000, and that in* the said 
 conditions it was stipulated that the purchaser of the said 
 lot 3 should pay for all fixtures belonging to the vendors 
 according to the valuation therein also mentioned, which in 
 the particular of sale was stated to have been made at the . 
 
ORDERS. 485 
 
 sum of £,5, which being added to the sum of £1000 made CH. ii. 
 i£1005, the whole amount of the purchase-money for the 
 Said lot 3 ; That the said Master by his general report under 
 the said order also certified that he had computed interest at 
 £4 per cent, per annum on the said two several sums of 
 £1000 and £500 from the times of the respective deaths of 
 the said C: S. and M. S. to the 27th day of January, 1821, 
 the date of that his report ; and he found that there was due 
 for interest on the said, sum of £1000 the sum of £237, and 
 on the said sum of £500 the sum of £82, making in all the 
 sum of £319 ; and he found that there had been received by 
 the said defendants, J. W. and L. hij wife, on account of 
 the rents and profits of the said several premises the several 
 sums set forth .in the schedule to this report amounting to 
 £535, but that they had paid, expended, or disbursed there- 
 ■ out on account of the same premises the several sums also 
 set forth in the schedule to his report amounting to £97, 
 which being deducted from the said £535 there remained* a 
 balance of £438 which he found due from the said defend- 
 ants J. "W. and L. his wife on account of such rents and 
 profits ,' and he further found that the purchase-moneys for 
 all the said lots and amounting altogether to £3391 had 
 been gaid into the bank with the privity of the Accountant- 
 General to the credit of this cause, " The amount of moneys 
 produced by sale of real estates," pursuant to the directions 
 of the said order, and that the same had been laid out in the 
 purchase of £4871 bank 3 per cent, annuities in the name 
 of the said Accountant- General in trust in this cause as 
 aforesaid, which together with the sum of £73 cash account 
 due for half a year's dividend thereon then stood in trust to 
 the credit of the said cause as aforesaid ; That by another 
 order made in this cause bearing date the 13th day of Feb- 
 
 . ruary, 1821, It was ordered that the said Master's report ' 
 dated the said ■25th day of January, 1821, should be con- 
 firmed, and that the said defendants J. W. and L. his wife 
 
 ■ should out of the said sum of £438 certified to be due from 
 them and remaining in theif hands on account of the rents 
 and profits. of the said estates and premises charged with the 
 said sums of £1000 and £500 in the said report mentioned, 
 pay to the plaintiff J. M. in right of I. his wife the sum of 
 £63, being one fifth part of the sum of £319, certified to be 
 41* 
 
486' EQUITY PRECEDENTS. 
 
 CH. II. the interest which had accrued on the said sums of £1000 
 — and £500 from the time of the respective deaths of the said 
 
 M. S. and C. S. and the like sum of £63, being one- other ■ 
 fifth part thereof to the plaintiff E. L. in right of the plaintiff 
 M. his wife, the like sum of £63, being one other fifth part 
 thereof to the defendant C. S. the younger, the like sum of 
 £63, being one other fifth part thereof! to the defendant W. 
 F. in right of the defendant M. his wife, and the like sum of 
 £63, being the remaining one fifty part thereof to the de- 
 fendant T. G. in right of the defendant M. his wife ; And 
 it was ordered that the said defendants J. W. and L. his 
 wife' should pay the,sum of £118 the residue of the said 
 sum of £438 after making such several payments thereout 
 as aforesaid into the bank with the privity of the Account- 
 ant-General, to be there placed to the credit of this cause to 
 an account to be entitled " The defendant L. L. S. her* 
 account of dividends and interest ; " And it was ordered that 
 if should be referred back to the Master to tax all parties 
 their costs of obtaining the said order of the 28th day of 
 December, 1817, and of the said Master's report, and of the 
 application for the now stating order, and that so touch of 
 the £4876 bank 3 per cent, annuities then standing in the 
 name of the said Accountant- General in trust in thi^ cause, 
 " The amount of moneys produced by sale of real estates," 
 as would be sufficient to raise such costs when taxed, and 
 also the severai sums of £1000 and £500 should be sold in 
 the usual manner, and out of the moneys to arise by such 
 sale, it was further ordered that such costs should be paid in 
 manner therein mentioned, and that the sum of £300 should 
 be paid to the plaintiff J. M. in right of the plaintiff I. his wife, 
 being one fifth part of the said sums of £1000 and £500, 
 and that the further sum of £300, being one other fifth part 
 thereof, should be paid to the plaintiff E. L. in right of the. 
 plaintiff M. his wife, and that the further sum of £300, being • 
 one other fifth part thereof should be paid to the defendant W. 
 F. in right of the defendant M. his wife, and that the further 
 sum of £300, being one other fifth part thereof should be 
 paid to the defendant C. S. the younger, and that the further 
 sum of £300 being the residue of the- said two sums of 
 £1000 and £500 should be carried over to " The account of 
 the defendant M. G. and her children," to be laid out in 
 
ORbBRS. • 48-7 
 
 manner thereby directed ; And it was ordered that the sum CH. Ii, 
 of £73 cash in the bank remaining to the credit of this cause, 
 " The amount of moneys produced by sale of real estates " 
 should be carried over to the said account of the defendant 
 L. L. S. her account of dividends and interest ; And it was 
 ordered that the same when so carried over and also the sum 
 of £118 when so paid into the bank by the said defendants 
 J. W. and L. his wife as aforesaid should be also laid out in 
 the purchase of bank 3 per cent, annuities in the name and 
 with the privity of the said Accountant- General in trust in 
 this cause, " The defendant L. L. S. her account of divi- 
 dends and interest," subject to the further order of the Court ; • 
 And it was ordered that the dividends from time to time to 
 accrue due on the said bank annuities when purchased, and 
 also the dividends to accrue due on the residue of the said 
 £4871 bank 3 per cent, annuities standing in the name of 
 the said Accountant-General in trust in this cause, " The 
 amount of moneys produced by sale of real estates," after 
 such sale as aforesaid, and on the accumulations thereof 
 respectively, should be from time to time laid out in the pur- 
 chase of like bank annuities in the name and with the privity 
 of the said Accountant-General in trust in this cause, " The 
 defendant L. L. B. her account of dividends and interest," 
 subject to the further order of the Court; That the said 
 defendants J. W. and L. his wife duly paid the said five 
 sums of £63 to the several parties in the said order named, 
 arid the residue of the said sum of £438 so reported due- 
 from them as aforesaid, and being the sum of £118 the said 
 defendants paid into the bank to the credit of the gaid cause, 
 " The defendant L. L. S. her account of dividends and 
 interest," as also directed by the said order and the same 
 when so paid in together with the said sum of £73 cash in 
 the bank to the credit of the said cause, " The amount of 
 moneys produced by sale of real estates," was pursuant to 
 the said order laid out in the purchase of the sum of £251 
 bank 3 per cent, annuities in trust in this cause, " The de- 
 fendant L. L. S. her account of dividends and interest," and 
 the costs of all parties were taxed by the Master under the 
 said order, and amounted altogether to the sum of £270 as 
 appeared by his certificate thereof, which together with the 
 said two sums of £1000 and £500, making in all £1770 
 
488 EQUITY peScedents. 
 
 CH. II. were raised by the sale of £2325 bank 3 per cent, annuities^ 
 '^ part of the sum of £4871 bank 3 per cent., annuities men- 
 tioned in the said order, and such costs together with such 
 two sums of £1000 and £500 were paid and divided in 
 manner and according to the directions of the said order as 
 appears by the said Accountant-General's certificates thereof, 
 whereby there was left standing in the name of the said 
 Accountant-General in trust in this cause, "The amount of 
 moneys produced by sale of real estates " the sum of £2545 
 bank 3 per cent, annuities, and on the defendant L. L. S. 
 her account of dividends and interest the said sum of £251 
 • bank 3 per cent, annuities ; that the dividends which have 
 accrued due on the said sum of £2545 bank 3 per cent, 
 annuities, the amount of moneys produced by sale of real 
 estates have been from time to time as the same have ac- 
 crued due carried over to the said account entitled " The 
 defendant L. L. S. her account of dividends and interest," 
 and have been together also with the dividends on the said 
 sum of £251 £3 per cent, annuities standing in the said last- 
 mentioned account and- the accumulations thereon respec- 
 tively laid out in the purchase of other like aniluities whereby 
 there is now standing in the name of the said Accountant- 
 General in trust in this cause, the said account entitled " The 
 defendant L. L. S. her account of dividends and interest," 
 the sum of £956 bank 3 per cent, annuities and the sum of 
 £13 cash as appears by the said Accountant-General's cer- 
 tificate thereof; That the petitioner attained her age of 
 twenty-one years on the 3d day of May last, and is ready 
 and willing and hereby offers to execute all proper and ne- 
 cessary conveyances and assignments of the said several 
 estates and premises so sold as aforesaid unto the respective 
 purchasers thereof, and the petitioner has already become 
 absolutely entitled to have. transferred to her the said sum of 
 £956 bank 3 per cent, annuities standing in the name of the 
 said Accountant-General in trust in this cause, " The de- 
 fendant L. L. S. her account of dividends and interest," and 
 to have paid to her the said sum of £13 cash to the credit of 
 the said last-mentioned account as aforesaid, and upon the 
 execution of such several conveyances will be entitled to 
 have transferred to her the said other sum of £2545 bank 
 3 per cent, annuities, also standing in the name of the said 
 
ORDERS. 489 
 
 Accountant- General in trust in this cause, " The amount of CH. ii. 
 moneys produced by sale of real estates," and to be paid any 
 cash which might accrue thereon previously to such transfer; 
 And praying that the said Accountant- General might be 
 forthwith ordered to transfer into the name of the petitioner 
 the said sum of £956 bank 3 per cent annuities so standing 
 in his name in trust in this cause, " The defendant L. L. S. 
 her account of dividends and interest," and to pay unto the, 
 petitioner's solicitor on account of his costs, the said sum of 
 £13 cash in the bank to the credit of this cause the like 
 account, and that upon the due execution by the petitioner 
 of the several conveyances and assurances of the said estates 
 so sold as aforesaid, to the said purchasers thereof, the same 
 to be verified by affidavit, the petitioner might have also 
 transferred into her name the said sum of X2545 bank 3 per 
 cent, annuities so standing in the name of the said Ac- 
 countant-General in trust in this cause, " The amount of 
 moneys produced by sale of real estates " as aforesaid, and 
 might also have paid t* her any future dividends which may 
 accrue due thereon previous to such transfer thereof; Where- 
 upon, &c. upon hearing the said . petition, the said will, the 
 said order dated the 23d day of December 1817, the said 
 order dated the 13th day of February 1821, the said report 
 dated the 27th day of January J.821, an affidavit of L. W. 
 the wife of the defendant J. W. whereby it appears that she 
 is the mother of the defendant L. L. S. and that the said 
 L. L. S. has attained her age of twenty-one years, and that 
 she is sole and unmarried, and the Accountant-General's 
 certificate read and what was alleged by the counsel for the 
 petitioner and for the said parties and purchasers, This 
 Court doth order that the £956 bank 3 per cent, annuities 
 standing in the name of the Accountant- General of this 
 court -in trust in this cause, " The defendant L. L. S. her 
 account of dividends and interest," together with any in- 
 terest which shall accrue on the said bank annuities pre- ' 
 viously to the transfer thereof hereby directed, be' transferred 
 and paid to the defendant L. L. S. spinster ; And it was 
 ordered that the sum of £13 cash in the bank to the credit 
 of this cause 'the like account be paid to Mr. C. S. the peti- 
 tioner's solicitor on account of his costs ; And upon the due 
 execution by the petitioner of the several conveyances and 
 
490 EQUITY PEECBDBNTS. 
 
 CH. II. assurances of the said estates sold as in the petition men- 
 tioned to the several purchasers thereof, such execution to be 
 verified by affidavit, It is okdered that the £2545 bank 3 
 per cent, annuities standing in the name of the said Ac- 
 countant-General in trust in this cause, '.' The aimount of 
 moneys produced by sale oi real estates," and the interest 
 to accrue due on the said bank annuities previously to the 
 transfer thereof hereby directed, be transferred and paid to 
 the said defendant L. L. S. spinster ; and for the purposes 
 aforesaid the said Accountant-General is to draw on the 
 bank according to the form prescribed by the act of parlia-. 
 ment and the .general rules and orders of this Court in that 
 case made and provided. 
 
 XXI. Order directing the transfer of a sum of stock to the trustees of a 
 settlement, which stock by a former order made before the marriage had 
 been directed to be transferred to the wife upon the execution by her of 
 certain conveyances; U!«?e an/e, 481. * 
 
 At the Rolls. 
 Master of the Rolls. 
 
 Monday the 25th day of February, &c. 1828. 
 
 Between J. M. and J. his wife; E. L. and M. 
 his wife, .... Plaintiffs, 
 and 
 J. S., J. W. and L.his wife, &c. &c. 
 
 Defendants. 
 
 Whereas the Rev. H. O. clerk and L. L. O. his wife (late 
 L. L. S. one of the defendants above named) and the Rev. 
 J. W. (one other of the above-named defendants) and the Rev. 
 J. L. W. clerk did on the 12th day of February 1828, prefer 
 their petition unto the Right Honorable the Master of the 
 Rolls, setting forth that by an order n^ade in this cause bear- 
 ing date the 8th day of August 1827, It was (among other 
 things) ordered that upon the due execution by the said 
 petitioner of the several conveyances and assurances of the 
 estates sold as in the said petition mentioned to the several 
 
ORDERS. 491 
 
 purchasers thereof (such execution to be verified by affidavit) CH. II. 
 the sum of £2545 bank 3 per Cent, annuities standing in 
 the name of the Accountant-General of this court in trust 
 in this cause, " The account of moneys produced by sal^ of 
 real estates," and' the interest to accrue due on the said bank 
 annuities previously to the transfer thereof thereby directed 
 should be transferred and paid to the said defendant the said 
 petitioner, (and by her then name and addition of) L. L. S. 
 spinster ; That before the Complete execution of the said 
 several conveyances and assurances of the said estates sold 
 as in the said petition and order mentioned by the said peti- 
 tioner L. L. O., and before any transfer of the said sum of 
 ■£2545 bank annuities unto her, she the said petitioner inter- 
 married with and is now the wife of the petitioner "H. O.j 
 but before the solerrinization of such marriage, certain in- 
 dentures ■ of settlement were made and executed bearing 
 date respectively the 3d and 4th days of February now 
 instant, the latter made between the said petitioner L. L. S. 
 of, &c. spinster, of the first part, the petitioner H. O. of the 
 second part, the petitioners J. W. and J. L. W. of the third 
 part, and P. P. and P. B. L. therein described, of the fourth 
 part, whereby after reciting (amongst other things) that the 
 said petitioner L. L. O. (then L. L. S., was possessed of or 
 entitled {inter alia) to the said sum of £2552 bank 3 per 
 cent, annuities standing in the name of the said Accountant- 
 General, and which would be transferred unto her immedi- 
 ately upon the execution of certain conveyances to be 
 certified by affidavit, and that a marriage had been agreed 
 upon and was shortly intended to be had and solemnized 
 between the said H. O. and L. L. S., and that upon the 
 treaty for the said marriage it was stipulated and agreed 
 (amongst other things) that the said sum of £2545 bank 3 
 per cent, annuities should be settled and assured upon and 
 for the trusts, intents, and purposes, and with, under, and 
 subject to the powers, provisoes, declarations, and agree- 
 ments thereinafter expressed and declared of and concern- 
 ing the same ; It was (amongst other things) witnessed that 
 in pursuance of the said stipulation and agreement and for 
 effectuating the same, and for and in consideration of the said 
 marriage, he the said H. O. for himself, his heirs, executors, 
 and administrators, and also for the said L. L. S. his said in- 
 
492 EQUITY PRECEDENTS. 
 
 CH. II. tended wife did covenant, promise, engage, and agree, and the 
 said L. L. S. did with the privity, consent, and approbation of 
 the said H. O. (testified as therein mentioned) for herself, her 
 heirs, executors, and administrators, further consent, covenant, 
 declare, and agree to and with the said J. W. and J. L. W. 
 their executors, administrators and assigns, that in case the 
 said intended marriage should take effect they the said 
 H. O. and L. L. S. should and would with all convenient 
 speed after the solemnization thereof, make, do, and execute 
 or cause and procure to be made, done, and executed, or 
 join and concur in and procure all proper and necessary par- 
 ties to join and concur in all such acts, deeds, matters, things, 
 transfers, and assurances, as by the said J. W. and J. L. W. 
 or the survivor of them, or by their or his counsel, should 
 be required for effectually transferring and making pver the 
 said sum of £2545 bank 3 per cent, annuities which were so 
 standing in the name of the said Accountant- General, and to 
 which the said L. L. S. was so entitled as aforesaid, so and 
 in such way and manner as that the same bank annuities 
 might be vested in or in the joint names of the said J. W. 
 and J. L. W. their executors, administrators, and assigns, 
 upon the trusts, and to and for the ends, intents, and purposes,- 
 and with, linder, and subject to the powers, provisoes, decla- 
 rations, and agreements thereinafter particularly declared of 
 and concerning the same ; That the petitioner the said L. L. 
 O. has now fully completed the execution of the said several 
 conveyances and assurances of the said estates sold as in the 
 said order mentioned, and is thereby become entitled to have 
 the said sum of £2545 bank 3 per cent, annuities transferred, 
 and the' petitioners are desirous that the same should be 
 transferred into the names of the said J. W. and J. L. W. 
 pursuant to their said covenant in that behalf ; That since 
 the date of the said order the sum of .£38 cash has arisen 
 and now stands to the credit of the said cause the before- 
 mentioned account for half a year's dividend upon the said 
 sum of £2545 bank annuities, which sum the petitioners H. 
 O. and L. L. O. his wife are desirous should be paid unto 
 their solicitor on account of his costs of obtaining the said 
 order and of this, application ; And therefore praying that 
 the sum of £2545 bank 3 per cent, annuities standing in the 
 name of the Accountant- Gdheral in trust in this cause, " The 
 
ORDERS. 493 
 
 account of moneys produced by sale of real estates," and men- CH. ii. 
 tioned in and directed by the said order of the 8th day of Au- 
 gust last to be transferred to the petitioner L. L. O. by her 
 then name and description of L. L. S. spinster, might be trans- 
 ferred unto the petitioners J. W. and J. L. W. upon the trusts 
 and to and for the ends, intents, and purposes, and with, under, 
 and subject to the powers, provisoes, declarations, and agree- 
 ments mentioned and declared in and by the said indenture 
 of settlement of the 2d day of February now instant of and 
 concerning the same ; and that the sum of £38 cash in the 
 bank to the credit of this cause the like account might be 
 paid to the petitioner's solicitor on account of his costs of 
 obtaining the said order and of this application ; Whereupon, 
 &c. upon hearing the said petition, the said order dated, &c. 
 the said indenture of settlement dated, &c. and the affidavit 
 of P. B. L. whereby it appears that the said conveyances 
 and assurances have been duly executed, and an affidavit of 
 the said P. B. L. identifying the said indenture of settlement, 
 a,nd that there is not any other settlement of the fund in ques- 
 tion, and the Accountant-General's certificate read, and what 
 was alleged by the counsel for the petitioners. His Honor 
 DOTH order that the £2545 bank 3 per cent, annuities stand- 
 ing in the name of the Accountant-General of this court in 
 trust in this cause, " The account of moneys produced by 
 sale of real estates," directed by the order of the 8th day of 
 August last, to be transfeiyed to the petitioner L. L. O. by her 
 then name and description of L. L. S. spinster, be instead 
 thereof transferred to the petitioners the defendants J. W. 
 and J. L. W. upon the trusts and to and for the ends, intents, 
 and purposes, and with, under, and subject to the powers, 
 provisoes, declarations, and agreements mentioned and de- 
 clared in and by the indenture of settlement of the 4th day 
 of February instant, in the petition mentioned of and con- 
 cerning the same, it appearing by the affidavit of P. B. L. 
 that the several conveyances and assmrances mentioned in the 
 former order have been duly executed by the petitioner L. L- 
 O. ; And it is ordered that the sum of £38 cash in the bank 
 remaining on the credit of this cause the like account be paid 
 to Mr. C. S. the petitioner's solicitor on account of his costs 
 of obtaining the said order and of this application ; And for 
 that purpose the said Accountant-General is to draw on the 
 42 
 
494 EQUITY PRECEDENTS. 
 
 <^H. 11. bank according to the form prescribed by the act of parlia- 
 ment, and the general rules and orders of this Court in that 
 case made and provided. 
 
 XXII. Order for a will to be delivered out of the Prerogative Court in order 
 to be proved on a commission, security being first given for the return of 
 the same. 
 
 Upon opening, &c. by Mr. M. of counsel for the defendant 
 T. A. it was alleged that this cause came on to be heard, &c. 
 and it was ordered that the same should stand over with lib- 
 erty for the defendant T. A. to prove the will of W. A. dated, 
 &c. made and executed by him at B. in France, whereof de- 
 fendant T. A. is the only devisee and executor ; That the 
 said defendant on the death of the said testator proved the 
 will in common form, and thereupon the said testator's origi- 
 nal will was deposited in the Prerogative Court of C. ; That 
 
 W. one of the witnesses to said will is master of a 
 
 packet-boat which goes from D. to C. and B. in F., and 
 
 H. one of the other witnesses to the said will now resides at 
 
 B. aforesaid, and B. the other witness lives in L. ; 
 
 That as said defendant T. A. cannot get the said W. 
 
 Up to L. or the said H. to come over from B., it is 
 
 necessary that he should have a commission to be executed 
 at D. and B. in order to examine the said witnesses to prove 
 the said will, at which commission, it will be necessary that 
 the said will be produced ; and it being customary in such 
 cases for the Prerogative Office to deliver out original wills 
 to be proved at places distant, on taking bond from one or 
 more sufficient persons in a reasonable penalty to return the 
 same, the said defendant T. A. hath applied to the register 
 'and record keeper of said Prerogative Court to have said will 
 delivered out accordingly, but they refuse to deliver out the 
 same upon any security, but insist upon sending a messenger 
 of their own with it, which will put the said defendant to a 
 considerable expense ; It was therefore prayed that, &c. ; 
 Whereupon and upon hearing, &c. His Lordship doth 
 ORDER that the said defendant T. A. be at liberty to take out 
 a commission for the examination of his witnesses at B. and 
 D. aforesaid to prove the said will, and that the plaintiff 
 and the other defendants in this cause do join in commission 
 
ORDERS. 495 
 
 and strike commissioners' names within six days after notice OH. ii. 
 hereof, and in default thereof, that the said defendant T. A. 
 be at liberty to sue out such commission directed to his own 
 commissioners ; and it appearing that the defendant' T. A. is 
 the oply devisee who can claim any real estate under the said 
 will, It is ordered that the original will be delivered out by the 
 proper officer of the Prerogative Court to a proper person to 
 be named by the said defendant in, order to be proved at the 
 said commission, such person first giving security to be ap- 
 proved of by the Judge of the Prerogative Court to return 
 the same in from the delivery thereof to him. 
 
 XXIII. Order for the like purpose as the preceding order. 
 
 Upon opening, &c. by Mr. Attorney- General of counsel for 
 the plaintiffs and defendants in this cause, it was alleged that 
 W. R; having in his lifetime contracted several debts, on the 
 
 day of made his will, and thereby devised to 
 
 the defendants L. H. and W. R. his son, all his real estate in 
 trust to be sold for payment of his debts, and appointed them 
 
 executors, and died in — , soon after which the defendants 
 
 his executors proved the same in common form, and there- 
 upon the said testator's original will was deposited in the 
 
 Prerogative Office, and that the plaintiffs in Term 
 
 exhibited their bill in this court against the defendants for 
 an account of the said testator's personal estate, and to have 
 the said will proved and the testator's real estate sold for pay- 
 ment of his debts, to which the said defendants have appear- 
 ed and put in their answers and plaintiffs have replied, and 
 the cause being at issue, a commission issued for the exami- 
 nation of' witnesses in the county of , at which com- 
 mission it will be necessary to have the said testator's will 
 proved in regard to the defendant W. R. who is heir-at-law 
 to said testator and an infant, and it being customary in such 
 cases for the Prerogative Office to deliver out original wills 
 to be proved in the country, on taking bond from one or more 
 sufficient persons in a reasonable penalty, the parties in this 
 cause have applied to the registers of the Prerogative Court 
 to have the same delivered out accordingly, but they refuse 
 to deliver out same on any security, but insist to send a 
 
496 EQUITY PRECEDENTS. 
 
 CH. II. messenger of their own with it, which will put the parties 
 to a considerable expense ; and in regard the testator's estate 
 is not sufficient for payment, it was therefore prayed that the 
 registers of the Prerogative Court or their deputy may forth- 
 with. deliver out the said original will in order that the same 
 may be proved at the said commission, upon giving sufficient 
 security to bring back and redeliver same unto the said office 
 in six weeks ; Whereupon and upon hearing Mr. Solicitor- 
 General of counsel for the register of the Prerogative Court, 
 
 an order in a cause of I-, against D. dated , an order 
 
 in a cause B. against B. dated and an order in a cause 
 
 S. against B. dated read, and what was alleged by the 
 
 counsel for said parties. His Lordship doth order, that the 
 said original will be delivered out by the proper officer of the 
 Prerogative Court of a proper person to be named by the 
 plaintiffs and defendants the said executors and devisees 
 under the said will, in order to be proved at the said com- 
 mission, such person first giving security to be approved of 
 by the Judge of the Prerogative Court to return the same in 
 six Weeks from the delivery thereof to him. * 
 
 XXIV. Order to compel a witness to attend to be examined, or stand com- 
 mitted. 
 
 Upon motion, &c. that is a material witness for 
 
 the plaintiff in this cause, and hath been served with a sub- 
 poena returnable immediately to attend and be examined as 
 a witness for the plaintiff in this cause, as by affidavit now 
 produced and read appears, notwithstanding which the said 
 
 hath not attended to be sworn and examined, as by 
 
 the examiner's certificate now also produced and read ap- 
 pears ; It is thereupon ordered that the said do in 
 
 four days after personal notice hereof attend and be sworn 
 and examined as a witness for the plaintiff in this cause, or 
 
 in default thereof that the said do stand committed 
 
 to the prison of the Fleet. 
 
ORDERS. 497 
 
 XXV. Order for liberty to exhibit interrogatories as to the credit of a wit- CH. II. 
 
 ness. 
 
 Upon motion, &c. it was alleged that the plaintiffs have 
 examined A. B. as a witness for them in this cause who is a 
 person of iU fame, and the defendant hath exhibited articles 
 in the examinant's office touching the credit of the said 
 A. B. as by certificate appears ; It was therefore prayed that 
 the defendant may be at liberty to exhibit interrogatories 
 for the examination of witnesses to the credit of the said 
 A. B. which is ordered accordingly. 
 
 42^ 
 
(498) 
 
 CHAPTEE III. 
 
 CH. III. DECREES AND DECRETAL ORDERS ACCORDING TO THE 
 PRACTICE IN ENGLAND. 
 
 I. Decree opening stated accounts, and directing a general account to be 
 taken of all dealings and transactions between the plaintiffs and defend- 
 ants ; costs given as to so much as relates to setting aside the stated ac- 
 counts. 
 
 His Lordship doth declare that the three stated accounts 
 dated, &c. ought to be opened and set aside and doth order 
 and decree the same accordingly ; And it is hereby referred 
 to Mr. one, &c. to take a general account of all deal- 
 ings and transactions between the plaintiffs or either of them 
 and the defendants, and also of the value of any timber" 
 felled and taken by the defendants from off the plaintiffs' 
 estate, in the taking of which account the Master is to make 
 unto all parties all just allowances ; And for the better taking 
 the said account all parties are to be examined upon interrog- 
 atories, and produce all books and papers in their custody 
 or power relating thereto upon oath before the said Master 
 as the said Master shall direct ; And it is ordered and decreed 
 that defendants do pay to the plaintiffs their costs for as much 
 of the cause as relates to the setting aside the said stated 
 accounts to be taxed by the said Master, and His Lordship 
 doth reserve the consideration of the rest of the costs of this, 
 suit until after the said Master shall have made his report, 
 and the said parties are to be at liberty to apply to the Court 
 as occasion shall require. 
 
 II. Decree for payment of the arrears of an annuity secured by bond given 
 for maintenance with interest upon each half-yearly payment, against the 
 devisee of the real and personal estate of the obligor. (See Newman v. 
 Auling, 3 Atk. 579.) 
 
 This cause came on to be heard 9th November 1747, be- 
 fore the Lord Chancellor, when His Lordship was pleased to 
 
DBCEBES AND DECRETAL ORDERS. 499 
 
 order and decree that it should be referred to Master Allen CH. ill. 
 one of the Masters of this court, to take an account of what « 
 
 was due to the complainant for the arrears of an annuity of 
 £30 a-year secured by bond, and -to compute interest on 
 each respective half-yearly payment from the end of six 
 months after the same respectively became due, after the 
 rate of 4 per cent, per annum ; And the defendant having 
 by her answer admitted that the personal and real estate of 
 her said father were together more than sufficient to answer 
 the said annuity, It was further ordered that the plaintiff 
 should pay to the said defendant what should be found due 
 for the arrears of the said annuity and interest at such time 
 and place as the said Master should appoint, and continue 
 to pay to plaintiff the growing payments of the said annuity 
 • as they should become due half-yearly ; And in case the de- 
 fendant should not pay what should be found due for the 
 arrears of the said annuity and interest- as aforesaid, then 
 the plaintiff was to be at liberty to apply to the Court for a 
 sale of a siifficient part of the real estate in question ; And 
 it was further ordered that the said Master should see a suf- 
 j&cient part of the said real estate set apart for securing to 
 the plaintiff the growing payments of the said annuity dur- 
 ing her mother's life ; And it was further ordered that the 
 defendant should execute to the plaintiff a proper convey- 
 ance of the said estate or grant thereout for securing the 
 growing payments of the said annuity accordingly with the 
 approbation of the said Master; And that the defend.ant 
 should pay to plaintiff her costs of this suit up to this time 
 to be taxed by the said Master ; the consideration of subse- 
 quent costs reserved till the Master should make his report ; 
 liberty to parties to apply, &c. 
 
 III. Decree by consent directing a reference to arbitration. 
 
 His Lordship doth by consent order that all matters in 
 difference between the plaintiffs and defendants in this cause 
 be referred to the award and determination of I. H. of, &c. 
 Esq. so that he shall make and publish his award in writing 
 of and concerning the premises in question on or before 
 now next ensuing, or on or before such further time as 
 
500 EQUITY PRECEDENTS. 
 
 CH. Iir. hereinafter mentioned, and that the said parties do stand to, 
 ■ abide by, perform, and fulfil the award which the said arbi- 
 
 trator shall so make of and concerning the premises ; And 
 by the like consent it is ordered that the said arbitrator is to 
 be at liberty to examine upon oath or upon interrogatories 
 or otherwise at his discretion the said plaintiffs and defend- 
 ants or any of .therri, or any other person or persons who 
 shall be produced as a witness or witnesses before him by 
 either party, such plaintiffs and defendants or other person 
 or persons being sworn before Gne of the Masters of this court 
 or before a Master Extraordinary in the country if there shall 
 be occasion ; And the said parties are to produce before the 
 said arbitrator upon oath, if required, all deeds, instruments, 
 books, papers, writings, and accounts, in theij or any or 
 either of their custody or power touching the matters in ■ 
 question or any of them as the said arbitrator shall direct ; 
 And by the like consent it is ordered that the costs of this 
 suit and also of the said reference and award and all other 
 costs, charges, and expenses, attending or relating to the 
 matters in difference between the said parties or either of 
 them shall be in the discretion of the said arbitrator, and 
 shall be paid in such manner and by whom and to whom 
 and at such time or times as shall be directed by his award ; 
 And by the like consent it is ordered that the said arbitrator 
 shall be at liberty by writing under his hand to enlarge the 
 time for making his award from time to time as he shall see 
 occasion ; and that the said arbitrator may if he thinks fit 
 proceed ex parte in the said reference in case of the refusal 
 or neglect of any of the said parties to attend him thereon 
 after reasonable notice in that behalf ; And by the like con- 
 sent it is ordered that no bills or bill are or is to be filed in 
 any Court of Equity by any or either of the said parties 
 against the said arbitrator for any matter or thing he shall 
 do in, about, or touching the matters to him hereby referred ; 
 And any or either of the said parties are or is to be at liberty 
 to apply to this Court to have the said award made an order 
 of this Court. 
 
DECREES AND DECRETAL ORDERS. 501 
 
 IV. Minutes of a decree directing a reference lo arbitration, with a direc- C!H'. III. 
 tion for appointing an umpire in case the arbitrators disagree. 
 
 Let all matters in difference between the parties be referred 
 to the arbitration and determination of T. T. and S. S. and 
 
 they to make their award on or before , and in case they 
 
 shalL not agree they are to name an umpire, and he is to 
 
 make his umpirage on or before , and both parties are 
 
 to produce all books and papers relating to the matters in 
 question in their custody or power before the arbitrators and 
 umpire respectively, or such of them as the arbitrators and 
 umpire shall respectively direct, to be ascertained by the oath 
 of the respective parties producing the same, and the award 
 or umpirage is to be made an order of this Court, arid no bill 
 in equity is to be brought against the arbitrators or umpire. 
 
 V. Decree for establishing a charitj-. 
 
 ^His Lordship doth declare that the charitable bequest and 
 uses made and created by the will of W. B. ought to be 
 established and the trusts thereof performed and carried into 
 execution, and doth order and decree the same accordingly ; 
 And His Lordship doth order that the information as against 
 the defendant T. S. do stand dismissed out of this court with 
 costs, &c. ; And as between the relators and the other de- 
 fendants it is ordered, and decreed that it be referred to 
 
 Mr. one, &c., to take an account of the rents and profits 
 
 of the charity estate accrued since the death of J. B. son of 
 the testator N. B. which have been received by the defend- 
 ant R. L. and the other defendants or any of them, or by 
 any other person, &c., the Master to niake all just allowances, 
 &c. and particularly an allowance of, &c. ; And it is ordered 
 and decreed that what shall be coming on the balance of the 
 said account be divided into tw* equal moieties, whereof one 
 moiety is to be paid to or retained by the defendant the Cor- 
 poration of C, according to the said testator's will, and the 
 other moiety is to be paid or retained by the defendants the 
 ministers of, &c., for the charitable purposes devised by the 
 said will concerning the moiety to be paid to the minister of 
 
562 EQUITY PRECEDENTS. 
 
 CH. III. those parishes ; And it is ordered that any of the relators 
 and the Corporation of the City of C. do produce before the 
 said Master a scheme or schemes for the application of what 
 shall be coming on the balance of the said accounts for the 
 moiety of the said rents and profits for the poor inhabitants 
 of the said city of C. and also for that moiety of the grow- 
 ing rents and profits of the said charity estate in such man- 
 ner as may be most beneficial for said poor inhabitants, and 
 the said Master is to state the same with his opinion thereon ; 
 And the number of the trustees mentioned in the last con- 
 veyance of the said charity estate being reduced to six, let 
 eighteen other proper persons of the borough of C. or inhab- 
 iting near thereto be appointed with the approbation of the 
 Master to be feoffees and trustees of said charity estate, and 
 let the relators and defendants be at liberty to propose proper 
 persons before the Master for that purpose ; And when 
 'eighteen such persons shall be appointed by the said Master, 
 let defendants, the surviving trustees, convey the said charity 
 estate to the said eighteen persons and their heirs to and 
 upon the charitable uses and trusts declared in the said 
 
 schedule annexed to ; And let the Master settle the 
 
 conveyances in case the parties differ about the same. 
 
 VI. Another form of a decree directing the appointment of new trustees of 
 a charity estate jointly with the surviving trustees. 
 
 And it being admitted that the trustees of the said charity 
 were reduced to three, it was ordered that nine proper per- • 
 sons should be appointed with the approbation of the said 
 Master to complete the said number of twelve, and when 
 such persons should be appointed, the three remaining trus- 
 tees should with the approbation of the Master make convey- 
 ance of the said charity estate to the use of themselves and 
 t6e new trustees so to be appointed, subject to the same 
 charitable uses and trusts. 
 
 VII. Decree on a bill by creditors against an executrix. 
 
 Whereupon, &c. His Honor was pleased to order and 
 decree that it should be referred to Mr. S. one of the Mas- 
 
DECREES AND DECRETAL ORDERS. 503 
 
 ters of this Honorable Court, to take an account of what was CH. lii. 
 due to the plaintiffs and to all other the creditors of the said 
 testator A. I. and of his funeral expenses, and to compute 
 interest on such of his debts as carried interest after the rate . 
 of interest they respectively carried ; and the said Master was 
 to cause an advertisement to be published in the London Ga- 
 zette and such other public papers as he should think proper, 
 for the creditors of the said testator to come in before him 
 and prove their debts, and he was to fix a peremptory day 
 for that purpose ; and such of them who should not come 
 in and prove their debts by the time so to be limited were 
 to be excluded the benefit of the said decree, but such per- 
 sons not parties to the said suit who should come in before 
 the said Master to prove their debts, were, before they should 
 be admitted creditors, to contribute to the plaintiffs their pro- 
 portion of the expense of the said suit to be settled by the 
 said Master ; And it was ordered that the said Master should 
 also take an account of the said testator's personal estate 
 come to the hands of the said C, I. his executrix, or to the 
 hands of any other person or persons by her order or for her 
 use, and the said testator's personal estate was to be applied • 
 in payment of his debts and funeral expenses in a course of 
 administration ; and for the better taking of the said ac- 
 counts, &c. {usual directions given.) 
 
 Vin. Part of an order directing the delivery of deeds and attested copies 
 and the execution of deeds di covenant for the production of deeds. 
 
 Let such of the title-deeds and writings as relate solely to 
 
 the estate comprised in lot , and also such as relate to 
 
 the same estate jointly with other estates of less value, be 
 
 delivered to , he submitting to produce the last-men- 
 
 •tioned deeds and writings on necessary occasions and to 
 enter into covenants for that purpose and to give attested 
 copies thereof if required at the expense of the party requiring 
 the same ; and as to such of the title-deeds and writings as 
 
 relate to the estate comprised in the said lot jointly 
 
 with 'Other estates of greater value, he is to have attested 
 copies if requii-ed at the expense of the estates, and the per- 
 sons entitled to such estates are to execute to him the like 
 
504 EQUITY PRECEDENTS. 
 
 CH. III. deed or deeds of covenant to produce the same on necessary 
 occasions ; and in case any dispute shall arise between, the 
 parties touching the copies of any particular deeds or writ- • 
 . ings relating to the title, the Master is to settle the same. 
 
 IX. Decree for dower out of freeliold and copyhold lands. 
 
 His -Lordship doth order that it be referred to the Master 
 to inquire what freehold lands the said S. M. died seised of 
 wherein the plaintiff B. M. is dowable, and also to inquire 
 what copyhold or customary lands the said S. M. died seised 
 of wherein plaintiff B. M. is entitled to dower or any other 
 estate by the custom of the manor wherein the said copyhold 
 or customary lands or any of them do lie ; And that the said 
 Master do assign to the plaintiff B. M. her dower in such 
 freehold lands and tenements, and also her dower and 
 widow's estate in such customary or copyhold lands and 
 tenements, and the said Master is to assign and set out 
 particular lands and tenements for that purpose ; And after 
 the said lands and tenements shall be set out and ascer- 
 tained, it is ordered that the defendant do deliver possession 
 to plaintiffs. M. of the. lands and tenements that shall be so 
 set out and ascertained for the said dower or widow's estate 
 of plaintiff B. M. and the tenants thereof are to attorn and 
 pay their rents to the said plaintiff B. M. ; And it is ordered 
 and decreed that the Master do take an account of the rents 
 and profits of the said freehold and copyhold or customary 
 lands and tenements whereof the said S. M. died sfeised, 
 accrued since the death of the said S. M. which have been 
 received by the said defendant or by any other person, by his 
 order or for his use ; And that one third part of what shall 
 be coming on said account of the rents and profits of such 
 freehold lands and tenements is to be paid to plaintiff B. M. 
 by the said defendant in respect of her dower out of such 
 lands and tenements, and that such part of what shall be 
 coming on said account of rents and profits of the said copy- 
 hold or customary lands and tenements as the said plaintiff 
 B. M. shall appear to be entitled to in respect of her said 
 dower or other widow's estate in such copyhold or customary 
 lands and tenements, is to be paid to the said plaintiff B. M. 
 
"decrees and decretal orders. 505 
 
 by the said defendant ; And for the better taking the said ^^- ^^^- 
 account and discovery of the matters aforesaid the said 
 defendant is to produce before the said Master upon oath all 
 deeds, writings, papers, and books, of account in his custody 
 or power relating to the matters in question, and both sides 
 are to be examined upon interrogatories as the said Master 
 shall direct, and the said Master is to make unto both sides 
 all just allowances ; And it is ordered that the said defendant 
 do pay jintothe plaintiff B. M. her costs of this suit to this 
 time to be taxed by the said Master, of which the said Mas- 
 ter is to make a separate report ; And His Lordship doth re- 
 serve the consideration of subsequent costs as between the 
 plaintiff B. M. and defendant until the Master shall have 
 made his report ; And it being declared by the counsel for the 
 plaintiff that they do intend to controvert the probate of the 
 will of the said S. M. insisted on by the said defendant in the 
 Ecclesiastical Court, His Lordship doth reserve liberty to any 
 of thf parties to apply to the Court for further directions in 
 respect of other demands made by the bill in respect either to 
 the real or personal estate of the said S. M. as occasion shall 
 require. 
 
 X. Decree for foreclosure. 
 
 His Lordship doth order and decree that it be referred to 
 Mr. E. one, &c. to see what is due to the plaintiff for princi- 
 pal and interest on his mortgage and to tax him his costs of 
 this suit, and the defendant is to pay unto the plaintiff what 
 shall be reported due to him for such principal, interest, and 
 
 costs within after the said Master shall have made his 
 
 report, at such time and place as the said Master shall ap- 
 point, and thereupon the said plaintiff is to reconvey the said 
 mortgaged premises free and clear of all incumbrances done 
 by him or any person claiming from, by, or under him, and to 
 deliver up upon oath unto the defendant, or to whom he shall 
 appoint, all deeds and writings in his custody or power re- 
 lating thereto ; But in default of the said defendant paying 
 unto the said plaintiff such principal, interest, and costs as 
 aforesaid by the time aforesaid, the said defendant is from 
 thenceforth to stand absolutely debarred and foreclosed of 
 and from all equity of redemption of, in, and to the said 
 mortgaged premises. 
 43 
 
506 EQUITY PRECEDENTS. 
 
 CH. III. XI. Minutes of a decree by consent, directing the plaintiff to confirm the 
 defendant's jointure in the settled estates, and when confirmed, the defend- 
 ant to produce all deeds in her possession or power relating thereto. 
 
 And the plaintiff Sir W. A. now offering to confirm the 
 jointure of the defendant C. A. in the several estates settled 
 upon her in jointure by the deeds dated, &c., Decree that 
 plaintiff Sir W. A. do confirm the jointure of said defendant 
 C. A. in all the said estates as the Master shall direct ; and 
 let the Master settle the deeds or assurances for the confir- 
 mation of such jointure in case the parties differ about the 
 same ; And after such jointure shaU be confirmed as afore- 
 said, let defendant C. A. produce before the said Master upon 
 oath all deeds and writings in her custody or power relating 
 to the several estates comprised in the settlement dated, &c. ; 
 and reserve the consideration of aU further directions until 
 after the deeds and writings shall be produced. • 
 
 XII. Minutes of a decree declaring the plaintiff to be entitled to a jointure, 
 , and directing the defendant to convey to her the lands to be set out by the 
 Master. 
 
 Declare that plaintiff is entitled in equity to have a jointure 
 
 of £ a year made good to her out -of the estate in 
 
 question according to the settlement, &c. ; and therefore refer 
 it to the Master to set out and allot so much of the lands 
 and premises comprised in the said settlement of, &c. as shaU 
 amount to and not exceed the value of £ a year, sub- 
 ject to taxes and repairs, for plaintiff's jointure for her life ; 
 And let defendant M. H. settle and convey such lands and 
 premises so to be set out and allotted as aforesaid to plaintiff 
 for her life for her jointure by such conveyances and assur- 
 ances as the said Master shall think fit, free from all incum- 
 brances done by defendant M. H., and let all proper parties 
 join in such conveyances as the said Master shall direct ; 
 And let defendant M. H. deliver possession to plaintiff of the 
 lands and premises which shall be so allotted and set out 
 with the appurtenances ; And let the plaintiff enjoy the same 
 for her life against defendant M. H. and all persons claiming 
 
DECREES AND DECRETAL ORDERS. 507 
 
 under him or E. H. her late husband deceased, and let all CH. iii. 
 deeds and writings relating to the estate in question, be pro- 
 duced before the 'Master upon oath. 
 
 XIII. Decree directing tlie execution of several leases ; accounts to be taken 
 of principal and interest due on several mortgages, — and also of the 
 arrears of. rents in respect of different parts of the premises in question 
 according to certain drafts of leases and agreements between the parties, 
 with a direction to the Master to set an occupation rent on other parts of 
 the premises, and to ascertain what is due in respect thereof; a set-off 
 directed as between the amount of the account of rent to be found due 
 from one defendant, and the amount of principal and interest to be found 
 due on her mortgage ; the bill dismissed as to certain defendants with 
 costs ; there having been several former hearings which proved fruitless, 
 special directions given as to the costs of them. 
 
 At the Rolls. 
 Master of the Rolls. 
 
 Monday the 26th day of November, &c.' 1827. 
 
 Between S. Page - - - Plaintiff, 
 « and 
 
 J. Brown, J. Harris, &c. - Defendants, 
 By original bill ; 
 
 And 
 Between S. Page - . - . Plaintiff, 
 and 
 
 P. F. Page Defendant, 
 
 By supplemental bill. 
 
 These causes coming on the 12th, 13th, 15th, and 19th 
 days of November, 1827, to be heard and debated, &c. the 
 substance of the plaintiff's bill appeared to be. That, &c. 
 [after stating the substance of the bill, the decree set forth the 
 prayer of the bill as follows :] That an account may be taken 
 of what is now due to the plaintiff under and by virtue of 
 the aforesaid agreements or otherwise ; And that the said 
 agreement may be specifically performed and carried into exe- 
 cution, and that a lease of the said premises thei:eby agreed 
 to be demised to the plaintiff may be executed by all neces- 
 
508 EQUITY PRECEDENTS. 
 
 CH.. ni.^ sary parties, the plaintifif being ready and willing to do all 
 things to be done therein on his part and behalf ; And that 
 an account may be taken of what is due from the said .Mary 
 Linwood in respect of the said sum of ^61000 so agreed to 
 be paid to the plaintiff with interest thereon from the time the 
 same ought to have been paid, and also in respect of the said 
 annual rent of ,£250 with interest from the times such annual 
 sums ought respectively to have been paid, and that what shall 
 be so found to be due may be paid to the plaintiff, and that 
 the plaintiff may be declared to have a lien upon the said Mary 
 Linwood's estate and interest in the said premises for the 
 payment thereof, and that the same may be raised and paid 
 thereout accordingly in reduction of the plaintiff's said de- 
 mand ; And that an account may be also taken of what is 
 now due in respect of the said two annual sums of £200 and 
 £200 so agreed to be paid by the said T. Willows together 
 with interest thereon from the times the same ought respec- 
 tively to have been paid, and that the plaintiff may be declared 
 to have a lien upon all the estate and interest of and in the said 
 premises which belonged to the said Thomas Willows for 
 payment of the amount of what shall be so found to be due, 
 together with so much of the plaintiff's demands as shall 
 remain unpaid by the means aforesaid, and that the same 
 may be raised and paid thereout to the plaintiff accordingly, 
 ' and that the plaintiff may have the full benefit of the afore- 
 
 said securities for the payment of what is so due to him ; 
 And if necessary for that purpose, that such of the rents and 
 profits of the said premises, if any, as are not applicable to 
 the payment of the plaintiff's aforesaid demands may be 
 applied in discharging all such incumbrances upon the said 
 premises as have priority to the plaintiff's aforesaid de- 
 mands ; And that the mortgage-debt due to the said John 
 Broom and Herbert Broom may be considered as satisfied 
 to the amount of the rents and profits of the said premises 
 received by them and of the occupation value of such parts 
 of the said premises as have been occupied by them, and 
 that accounts of such rents and profits and occupation val- 
 ue may be taken accordingly ; and that all other necessary 
 directions may be given for the purpose of paying or secur- 
 ing to the plaintiff the payment of what is so due to him 
 out of the said premises ; and that some proper person may 
 
DECREES AND DECKBTAIi ORDERS. 509 
 
 be appointed receiver of the said premises, and particularly CH. iii. 
 of such parts thereof as were so agreed to be demised to the 
 plaintiff for securing his aforesaid demands ; And that the 
 rents and profits thereof may be applied according to the pro- 
 visions of such agreements, and to be relieved is the scope 
 of the bill ; [and after slating the substance of the defendant's 
 answers, the decree proceeded thus :] That T. Willows being 
 dead, the plaintiff thought it advisable to institute a suit in 
 the Prerogative Court for the purpose of procuring adminis- 
 tration of the estate and effects of the said T. W., and ac- 
 cordingly letters of administration of the estate and effects of 
 the said T. W. were duly granted by such Court to P. F. P. 
 but limited to the purpose only of attending, supplying, sub- 
 stantiating and confirming the proceedings already had or 
 which might be thereafter had in the aforesaid cause or suit 
 or in any other cause or suit which might thereafter be com- 
 menced in this or any other Court between the aforesaid 
 parties or any other parties touching or concerning the 
 aforesaid premises, or until a final decree should be had 
 and made therein, and the said decree carried into execu- 
 tion, and the execution thereof finally completed ; And the 
 plaintiff" thereupon filed the supplemental bill in this Court 
 against the said defendant P. F. P., stating the several mat- 
 ters aforesaid, and thereby praying that the plaintiff may 
 have the same relief against the said P. F. P. as if he had 
 }3een originally a party defendant to the said original bill ; 
 Whereto the counsel for the defendant P. F. P. alleged that 
 he by his answer saith he admits, &c. [admitting the letters ■ 
 of administration granted, the proceedings had in the original 
 cause, and claiming such interest as he might appear to be 
 entitled to as such personal representative.] Whereupon, and 
 upon debate of the matter and hearing an exhibit, &c. &c. 
 read, and what was alleged by counsel on both sides. His 
 Honor did order that this cause should stand for judgment ; 
 And this cause standing this present day in His Honor's 
 paper of causes for judgment accordingly, in the presence 
 of 'counsel learned on both sides, and the defendants J. B. 
 and R. B. by their counsel at the bar now consenting that 
 the four several exhibits marked, &c. being drafts of leases in 
 the possession of the defendant M. L. and proved by her in 
 this cause shall be considered by this Court as proved by the 
 43* 
 
510 EQUITY PEECBDENTS. 
 
 CH. III. plaintiff against the said defendants J. B. and R. B., His 
 Honor doth declare that the plaintiff is entitled to have 
 the lease to him, the two several leases from him, and the 
 underlease from the defendant Mary Linwood to him exe- 
 cuted by all proper parties according to the drafts prepared 
 by Mr. "White in the year 1809 and approved on the part 
 of the plaintiff, virith this difference, that the lease thereby 
 proposed to have been made by the plaintiff to Thomas 
 Willows in the bill named is to be made to John Broom, 
 H. Broom, and John Harris, or those who represent them, 
 who by virtue of the agreement in the pleadings mentioned 
 as between the said T. Willows and the said J. B., H. B., 
 and J. H. are entitled ' thereto, and with this difference also, 
 that if the mortgage to the defendant John Broom and the 
 late Herbert Broom shall appear to be satisfied, the plaintiff' 
 Samuel Page is entitled to have the lease granted to him for 
 the additional term of fifty years at the rent of 40s. per an- 
 num ; And it is ordered that all proper parties do execute 
 the same and counterparts thereof ; And it is further ordered 
 that as soon as such lease shall have been executed to the 
 said plaintiff .as aforesaid, the said plaintiff do forthwith 
 grant and execute to the said defendant M. Linwood a de- 
 mise of the said premises agreed to be let to her according 
 to the lease prepared by the said Mr. White, to hold for 
 forty-seven years and three quarters wanting ten days from 
 the 25th day of December 1807, at the annual rent of £250 
 to be paid and payable according to the said agreement of 
 the 21st November 1808; And His Honor doth declare that 
 upon such lease being executed by the said plaintifl', the 
 plaintiff will be entitled to receive from the said defendant 
 M. Linwood the sum of £1000 agreed by the said agree- 
 ments of the 27th June 1806 and 21st November 1808 to be 
 paid to him, with interest on the same after the rate of 4 per 
 cent, per annum, accofding to the instalments and from the 
 respective times when such instalments were to have been 
 paid according to the said agreement of 21st November 
 1808, and the draft of the said lease prepared by the said 
 Mr. White; And it is ordered that it be referred to the 
 Master in rotation to take an account of what is due for 
 principal and interest in respect of the said sum of £1000 
 as aforesaid ; And it is ordered that the said Master do also 
 
DECREES AND DECEETAL ORDERS. 511 
 
 take an account of what is due from the said defendant qjj jy 
 
 Mary Linwood to the plaintiff in respect of the rent of 
 
 i£250 per annum from the 25th day of December 1807, 
 being the time from which such- rent was reserved, &c. &c. 
 payable in and by the said draft lease prepared by Mr. 
 White as aforesaid ; And the said Master in taking such 
 last-mentioned accounts is to make unto the said M. L. all 
 just allowances for and in respect of all or any rates, taxes, 
 assessments, and other proper disbursements paid, laid out, 
 assessed, and made upon or by her ; And it is ordered that 
 the said Master do take an account of what is due to the 
 said M. L. for principal and interest in respect of her mort- 
 gage in the pleadings mentioned, and also an account of the 
 costs, charges, and expenses which she has paid, been put 
 to, or sustained in certain suits entitled " Browning against 
 Willows," and " Broom against Linwood," or in any other 
 suit or suits brought against them as mortgagees or in any 
 wise incidental to or respecting the said mortgage ; and it 
 being alleged by the counsel for the plaintiff and the said 
 M. L. that it has been agreed that the said plaintiff shall 
 become the assignee of the said mortgage, It is ordered the 
 difference between the amount of the account of the prin- 
 cipal, interest, and costs of the mortgage, and the amount of 
 the account of the rent and of the before-mentioned sum of 
 £1000 and interest after making such allowances thereout 
 as aforesaid above directed to be taken, be paid by the said 
 plaintiff to the said Mary L. or be paid by the said M. L. to 
 the plaintiff according to the result of the balance between 
 such accounts, and if it shall be found that the said mort- 
 gage debt with interest and costs aforesaid is satisfied, or 
 upon the balance of such mortgage account being paid to 
 the said M. L. by the plaintiff and such underlease being 
 executed to the said M. L. by the plaintiff as hereinbefore 
 directed. It is ordered that the said M. L. do thereupon 
 transfer and assign her said mortgage unto the said plaintiff 
 S. P. or as he shall direct, and all proper parties are to join 
 in such transfer and assignment, which is to be settled by 
 the said Master in case the parties differ about the same ; 
 And it is ordered that the said Master do tax the said M. L. 
 her costs of this suit, and of all costs, charges, and expenses 
 of the different hearings in this suit or incidental thereto as 
 
512 EQUITY PRECEDENTS. 
 
 GH. m. between solicitor and client ; And it is ordered that the said 
 " plaintiff do pay the same to the said M. L. ; And it is or- 
 dered that thereupon and upon the said M. L.'s doing what 
 she is hereinbefore directed to do, the plaintiff's bill do stand 
 dismissed out of this court as against the said defendant 
 M. L. ; And His Honor doth reserve the consideration as be- 
 tween the said plaintiff and the other defendants by whom 
 so much of the costs hereby directed to be in the first place 
 allowed and paid by the plaintiff to the defendant M. L. as 
 is or shall be properly costs as between party and party in this 
 cause, shall be ultimately borne, until after the said Master shall 
 have made his report ; And His Honor doth declare that the 
 plaintiff ought to be considered as having a charge upon the 
 several premises in the pleadings mentioned for the purpose 
 of supplying the deficiency, if any, of the rent of £200 a year 
 to be reserved to him by the lease before mentioned, which 
 was agreed to be granted to Thomas WiUows, and also for 
 the payment of an additional sum of £200 per annum during 
 the term of forty-eight years and three quarters of a year 
 wanting ten days mentioned in the deed-poll of the 26th 
 November 1807, or until such time as the plaintiff's demands 
 are satisfied, and to have a proper deed executed for that pur- 
 pose, but such charge is not to take effect until it shall appear 
 that the mortgage (for £3000) which was held by the de- 
 fendant John Broom and the deceased Herbert Broom is 
 satisfied, but in case it shall appear that such last-mentioned 
 mortgage is satisfied, then It is' ordered that the said Master 
 do settle and approve of a proper deed for securing such 
 two rents-charge accordingly ; and in case it shall appear 
 such last-mentioned mortgage is satisfied,- then it is ordered 
 that the said Master do compute interest upon the sura of 
 £13,290 Is. 6d. from the 25th day of March 1809, according 
 to the acknowledgment of the said Thomas Willows dated 
 the 19th day of July 1810, after the rate of £5 per cent, per 
 annum, and according to the agreement of the 27th June 
 1806 ; but in case it shall appear that such mortgage as last 
 aforesaid is not satisfied, then it is ordered that such last- 
 mentioned account be postponed until the further order of 
 the Court ; And it is ordered that the said Master do take 
 an account of what is due from the defendants J. Broom 
 and John Harris or either of them or the estate of Herbert 
 
DECRKES AND DECRETAL ORDERS. 513 
 
 Broom deceased to the plaintiff in respect of the rent of £200 CH. m. 
 a year from the 25th December 1807 according to the draft 
 prepared by Mr. White, and according to the said agree- 
 ment of the 27th June 1806, up to the date of the report 
 to be made by the said Master; And it is ordered that 
 the said Master do also take an account of what is due 
 from the defendant J. Broom and John Harris or either 
 of them or the estate of Herbert Broom deceased, in re- 
 spect of the rents reserved by the lease of the 2d day of 
 August 1806, and the agreement of the 30th day of June 
 1808, and in respect of any other rents of the premises or 
 any part thereof received by them or any or either of them 
 or by any other person or persons by their or any or either of 
 their order, or for their or any or either of their use ; And it 
 is ordered that the said Master do set an occupation rent on 
 such part (if any) of the premises not included in such lease 
 or agreement of which they or any or either of them shall 
 have had a'valuable occupation, or which would have pro- 
 duced rent but for their or his wilful default, and ascertain 
 what is due in respect thereof; And it is ordered that what 
 he shall find due on such several accounts or any of them be 
 set against what he shall find due in respect of the principal 
 and interest of the mortgage for .£3000 which was vested in 
 the defendant J. Broom and the said H. Broom deceased ; 
 And it is ordered that the said Master do ascertain and state 
 whether after so doing anything and what remains due 
 upon such mortgage, or when by such means the same was 
 paid off; And it is ordered that he do for such purpose take 
 the account of principal and interest on such mortgage ; And 
 it is ordered that the Master do take an account of the rents 
 and profits of the said premises or any of them received by 
 the defendant R. Rosser or by his order or for his use under 
 the deed of the 20th day of September 1806 ; And His 
 Honor doth reserve the question whether he is liable for any 
 and what further portion of the rents and profits of the said 
 premises ; And it is ordered that the Master do also take an 
 account of what rents and profits of the premises or any of 
 them were received by the defendant R. Rosser and the 
 deceased R. S. White jointly or by their order or for their 
 use, and what has become thereof; And for the better taking 
 of the said accounts and discovery of the matters aforesaid. 
 
514 EQUITY PRECEDENTS. 
 
 CH. III. the parties are to be examined upon interrogatories, and to 
 produce on oath before the said Master all deeds, books, 
 papers, and writings in their custody or power relating 
 thereto as the said Master shall direct, who in taking of the 
 said accounts is to make unto the parties all just allowances, 
 and the said Master is to be at liberty to make a separate 
 report or reports as to any of the matters hereby referred to 
 him, and to state any special cicumstances at the request of 
 either of the parties as he shall think fit ; And it is ordered « 
 that the plaintiff do_pay unto the defendants E. Willows, 
 Sarah M. Sankey, John Hanbury, and Daniel Sutton, their 
 costs of this suit to be taxed by the said Master in case the 
 parties differ about, the same, including the costs of all the 
 former hearings ; And it is ordered that thereupon the plain- 
 tiff's bill do stand dismissed out of this court as against the 
 said four last-named defendants ; And His Honor doth reserve 
 the consideration of all parties' costs so far as not herein- 
 before provided for, and also the consideration of all further 
 directions and of the subsequent 6osts of this suit until after 
 the said Master shall have made his general report ; And His 
 Honor doth declare that the plaintiff in his costs is not to be 
 allowed the -costs of more than one hearing, and any of the 
 parties are to be at liberty to apply to this Court as there 
 shall be occasion. 
 
 XIV. Decree declaring the legitimacy of the plaintifi', as the eldest surviv- 
 ing son of his father, as established by the verdict of a jury on the trial 
 of an issue ; also declaring certain agreements entered into by the plain- 
 tiff with a younger brother to be void, (the grounds on which such de- 
 cree was founded being inserted in the decree,) and directing a reference 
 to the Master to take an account of moneys paid by the plaintiff to the 
 defendant, and to compute interest thereon, the amount to be paid into 
 the bank, subject to further order ; decree made without prejudice to any 
 claims which the defendant might establish against the plaintiff. Gordon 
 V. Gordon, 3 Swanst. 400, 478.) 
 
 The decree stating that the cause now stood for judgment, 
 and reciting the pleadings, and that the parties proceeded to 
 a trial of the issue on the 27th February, 1818, when the 
 jury found that the plaintiff was and is the legitimate son of 
 Colonel Harry Gordon, proceeds thus : — " His Lordship doth 
 
DECREES AND DECRETAL C%DBRS. 515 
 
 declare that it is established by the verdict found in this CH. ill. 
 matter that the plaintiff is the legitimate son of his father, 
 and His Lordship doth declare that Peter Gordon, his elder 
 brother,. must also have been legitimate, and consequently 
 that the defendant, James Gordon, was not the heir-at- 
 law of Harry Gordon the elder, nor of the said iPeter 
 Gordon, and farther that it appears that if Peter Gordon 
 was not legitimate, yet if having survived Harry Gor- 
 don the elder he became entitled in fee in law or equity 
 to the estates in question by virtue of his father's will men- 
 tioned in the agreement of 1790 to bear date the 5th day 
 of August, 1787, the defendant James Gordon could not 
 be entitled at his father's death or at the death of Peter Gor- 
 don to the estates of Harry Gordon the father as his heir-at- 
 law, or have any well-founded claims to the said estates as 
 such heir-at-law ; that nevertheless the agreement of 1790 
 purports to be made between the plaintiff Harry Gordon 
 and the defendant James Gordon claiming to be the heir-at- 
 law of the said testator Harry Gordon the elder, and as 
 such, making certain claims upon the estates therein men- 
 tioned, over and besides the provisions made for him by the 
 will and codicil of 1776, 1782, and 1787, recited in the said 
 agreement of 1790, and which will and codicil are thereby 
 by the said plaintiff and defendant admitted to have been 
 made by the said Harry Gordon the elder ; that it further 
 appears from the recitals of the said agreement of 1790, that 
 if Peter Gordon had been illegitimate and Henry Gordon 
 the younger also illegitimate, and if the estates were vested 
 in Peter Gordon by virtue of the said will of 1787, the said 
 James Gordon could'not as heir-at-law of his father or other- 
 wise by his cofltract or by any other his act authorize or give 
 title to Harry Gordon the younger to enter upon the said 
 estates or empower him effectually to require the mortgagees 
 mentioned in the said agreement to reconvey to him the said 
 Harry. Gordon the younger upon payment of what was due 
 to them, or vest in the said Harry Gordon the younger any 
 interest in the said estates, save the said James Gordon's 
 interest as a legatee ; that it also appears that the other 
 agreement of the 4th day of February, 1805, as well as the 
 said agreement of 1790, was made between the parties 
 thereto in consequence of the supposed illegitimacy of the 
 
616 *bQUITT PRECEDENTS. 
 
 CH. III. plaintiff negatived by the before-mentioned verdict ; and that 
 the defendant, if the plaintiff was illegitimate, had no title 
 to the lands in America, nor any right for his own behoof to 
 hinder the plaintiff from obtaining possession thereof subject 
 to the charges thereon, in case such lands under the grant 
 thereof were vested in his father, and passed by his father's 
 will to Peter Gordon ; And His Lordship doth declare that 
 if the plaintiff could not be relieved against the said agree- 
 ments on the mere ground of mistake respecting his legiti- 
 macy, or on' the ground that the said agreements were 
 entered into in consequence of mistake and misapprehension 
 respecting such legitimacy, yet that the plaintiff is entitled 
 to be relieved against the same as having been also entered 
 into under a misapprehension and misunderstanding that 
 the said James Gordon the defendant had such right and 
 interest in the. said estate as would enable him effectually to 
 give and assure to the plaintiff those benefits and interests 
 which, for the considerations mentioned in the said agree- 
 ments, are contracted or agreed to be given and assured to 
 him by the said James Gordon ; and inasmuch also as it is 
 established by the evidence in the cause, that prior to the 
 entering into the said agreement the defendant James Gor- 
 don had been informed and knew that a ceremony of mar- 
 riage had previously taken place between his father and 
 mother before the birth of the plaintiff (being the marriage 
 which by the aforesaid verdict has been established as a 
 valid marriage,) and the said agreement having been entered 
 into with such previous information on his part, and without 
 such information being imparted to the plaintiff, who might, 
 if the said James Gordon had communicated to him that 
 information, have been able by due inquiry to prove his 
 legitimacy as he has since proved the same after he had dis- 
 covered that such ceremony had previously taken place ; His 
 Lordship doth therefore declare the agreements in the. plead- 
 ings mentioned, .bearing date the 30th day of March, 1790, 
 and the 4th day of February, 1805, to be void, and doth order 
 and direct that the same be delivered up to be cancelled ; 
 And it is further ordered that it be referred to Mr. Dowdes- 
 well, to whom this cause stands referred, to take any account 
 of all sums of money paid by the plaintiff to the said defend- 
 ant, James Gordon, or to any other person or persons by his 
 
DECREES AND DECRETAL ORDERS. 517 
 
 order or for his use in respect of the annuity mentioned ^H. in . 
 in the agreement bearing date the 31st day of March, 1790, 
 and of the surhs of £4600 and interest, and £1040 in the said 
 agreement also mentioned ; And it is ordered that the said 
 Master do compute interests on the respective sums paid 
 by the plaintiff to the defendant James Gordon from the 
 respective times of payin*g the same, and for the better taking 
 the said account, &c. ; And it is ordered that what the said 
 Master shall find to be the amount of such sums and interest, 
 be paid into the bank with the privity of the Accountant- 
 General of this court on the credit of this cause, subject to 
 the further order of this Court ; And His Lordship doth reserve 
 the consideration of costs, &c. ; And this is to be without 
 prejudice to any claims which the defendant, James Gordon, 
 may have or can establish against the plaintiff in respect of 
 the estate or effects of Harry Gordon the elder deceased, or 
 Peter Gordon deceased, or either of them in any suit or pro- 
 ceedings which he may be advised to institute against him 
 and other proper and necessary parties."-: — Reg. Lib. A. 1820, 
 fol. 1984. 
 
 XV. Decree for sale of an estate and payment of mortgagees and. judgment 
 creditors according to their priorities. 
 
 It was declared that one account should be taken of what 
 was due to the defendants the mortgagees for principal and 
 interest on their respective mortgages, and to tax them their 
 costs of this suit and at law ; And that the Master should 
 take an account of the rents and profits of the premises com- 
 prised in the defendants the Nicholas mortgage which had 
 been received by the said defendants or by their testator or 
 any of them, or by any person by their or either of their order 
 or for their or either of their use, or which without their or 
 any of their wilful default might have been received ; And 
 that what shotdd be coming on the account of the rents and 
 profits should be deducted out of what should be found due 
 to the said defendants the Nicholls's for principal, interest, and 
 costs ; • And the Master was also to take an account of what 
 was due for principal and interest to the several judgment 
 creditors who were parties to the said suit, and also to the 
 44- 
 
518 EQUITY PRECEDENTS. 
 
 CH. Ill, several judgment creditors of the defendant H., and all the 
 said judgment creditors were to be at liberty to come before 
 the said Master and prove their judgments ; And the said 
 Master was to cause an advertisement to be published in the 
 London Gazette, and appoint a peremptory day for that pur- 
 pose ; And such of the said judgment creditors as should not 
 come in by that time were to be exdluded the benefit of the 
 said decree ; And the said Master was to state the priorities 
 of the several mortgages, incumbrances, and judgments ; And 
 by consent of the defendant" T. C. the only acting executor 
 of J. C. Esq. deceased, another mortgagee. It was ordered 
 l^at the estate in question should be sold with the approbation 
 of the Master to the best purchaser that could be got for the 
 same ; and the money arising by the sale of the respective 
 parts of the estate in question comprised in the mortgages 
 and in the securities of such mortgages be applied in satis- 
 faction of the money due on the respective mortgages accord- 
 ing to their respective priorities ; And that the money arising 
 by the said sale should be applied in payment of the judg- 
 ment creditors according to their respective priorities ; And 
 if there should be a surplus of the moneys arising by sale, it 
 was ordered that the same should be paid to the defendant H. 
 [with the usual directions for taking the accounts.] 
 
 XVI. Form of a decree nisi where defendant makes default. 
 
 This cause coming on &c. in the presence of counsel learn- 
 ed for the plaintiff, no one appearing for the defendant, 
 although he was duly served with a subpcena to hear judg- 
 ment in this cause as jDy affidavit now produced and read 
 appears, the substance of the plaintiff's bill appeared to be 
 that, &c. Whereupon and upon hearing, &c. read, and what 
 was alleged by the counsel for the plaintiff. His Lordship doth 
 order and decree that, &c. ; And this decree is to be binding 
 on the defendant unless he, on being served with a subpoena 
 to shew cause against the same, shall at the return thereof 
 shew unto this Court good, cause to the contrary ; but before 
 the said defendant is to be admitted to shew such cause, he 
 is to pay unto the plaintiff his costs of this day's default in 
 appearance to be taxed by the Master. 
 
DECREES AND DECRETAL ORDERS. ,519 
 
 XVII. Minutes of a decree for a partition ; — an infant defendant to have a CH. in. 
 day to shew cause. 
 
 Let a commission issue to commissioners to be therein 
 named to make partition of the estate in question, who are to 
 take the depositions of witnesses to be examined by them in 
 writing and return the same with the said commission, and 
 let the said estate be divided into moieties and set out in sev- 
 eralty, whereof declare one moiety to belong to Mr. N. and 
 the other moiety to plaintiff Sir W. .M. and let the respective 
 parties convey their several moieties to each other to hold in 
 severalty according to the respective undivided moieties there- 
 of, and let the Master settle the conveyances in case the par- 
 ties differ about the same ; And until such conveyances shall 
 be made let the several parties generally hold and enjoy their 
 respective divided moieties against each other or any claim- 
 ing under them ; And let the defendant Miss N. an infant 
 execute the conveyance before directed to be executed by her, 
 unless she on being served with a subpoena, shall within • — — 
 months after she shall attain her age of twenty-one years 
 shew unto the Court good cause to the contrary. 
 
 XVIII. Minutes of a decree for a partition of an advowson in moieties, the 
 bill being dismissed as to one defendant with costs. 
 
 Declare that plaintiff is entitled to have a partition of the 
 advowson of the vicarage of the parish church of W. in K. 
 into moieties, to present by alternate turns, and decree that 
 a partition be accordingly made thereof in moieties between 
 plaintiff and defendant E. S. devisee in the will of J. S. ; 
 And for making such partition the plaintiff and defendant E. 
 S. are mutually to execute conveyances to each other, so that 
 plaintiff may hold one moiety of the advowson to him and 
 his heirs, and defendant E. S. may hold the other moiety to 
 her and her heirs, as tenants in common in severalty respec- 
 tively ; And in such conveyance let a clause be inserted that 
 the plaintiff and his heirs and defendant E. S. and her heirs 
 shall present to the said vicarage by alternate turns, and if 
 the parties differ, the Master is to settle the conveyances, and 
 
520 EQUITY PRECEDENTS. 
 
 CH. III. the charges of the conveyances are to be borne equally be- 
 tween the plaintiff and defendant E. S. ; And it appearing 
 in the cause that J. S. under whom defendant E. S. claims, 
 hath since the agreement for the partition or division of the 
 premises presented upon the last avoidance, It is ordered and 
 decreed that the plaintiff do present on the next avoidance 
 being the first turn from this time ; And it is further ordered 
 that the plaintiff's bill as against the defendant the heir-at-law 
 of the said J. S. be dismissed out of this court with . costs 
 according to the order of the Court, but His Lordship does 
 not think fit to give any costs as between the plaintiff and the 
 defendant E. S. 
 
 XIX. Order for liberty to apply to the Court of King's Bench for payment 
 to the plaintiff and defendants of money paid into the hands of the Master 
 of that court, the amount to be paid into the bank to abide the event of 
 the cause. (^Hawkshaw v. Parkins, 2 Swanst. 539, 550.) 
 
 His Lordship doth order that the plaintiff be at liberty to 
 make an application to the Court of King's Bench for pay- 
 ment to him and to the defendants of the money paid by the 
 plaintiff into the hands of the Master of the said Court of 
 King's Bench pursuant to the order of Mr. Justice Bayley on 
 the 23d day of June 1818, and it is ordered that they do pay 
 the same when so received, to be verified by affidavit, into 
 the bank with the privity of the Accountant- General of this 
 court on the credit of this cause to abide the event of this 
 cause, but this order is to be without prejudice to the right 
 of any of the parties to such money or any of the questions 
 in this cause ; Eeg. Lib. A. 1818, fol. 1281. 
 
 XX. Direction to a Master to appoint a receiver for one moiety of the es- 
 tates in question, the receiver to be at liberty to let the estates with the 
 approbation of the Master. 
 
 And the said Master is to appoint a receiver for one moi- 
 ety of the estates in question and allow him a reasonable 
 salary for his care and pains therein, such person to be ap- 
 pointed receiver first giving security to be allowed of by the 
 Master, and to be taken before a Master Extraordinary in 
 
DECREES AND DECEETAL ORDERS. 521 
 
 Chancery in the country if there shall be occasion, duly and CH. in. 
 annually to account for and to pay what he shall so receive 
 as the Court shall direct, and the tenants of the said estates 
 are to pay their rents in arrear and growing rents to such re- 
 ceiver, who is to be at liberty to let and set the said estates 
 from time, to time with the approbation of the said Master as 
 there shall be occasion, and the said receiver is to pay the 
 balance of his accounts from time to time into the bank, sub- 
 ject to the further order of the Court. 
 
 XXI. Minutes of an order directing a consignee of an estate in the West 
 Indies (being appointed by the Master pursuant to the decree) .to trans- 
 mit his accounts half-yearly of the produce consigned to him, also to make- 
 insurances on the consignments, also to transmit stores and eiFects for the 
 use of the estate ; the defendant to deliver over an inventory of the ne- 
 groes, &c. on the estate, and the consignee to remit to him such sums as 
 should be laid out in negroes and repairs ; the consignee to pass his 
 accounts annually and to pay the balance due into the bank. 
 
 Outline of the case. 
 
 R. C. by will devised a plantation at St. C. to his eldest 
 son D. for life with limitations to other children, and directed 
 that the clear produce of his plantation till his debts and 
 legacies should be paid, to be from time to time shipped in 
 such ships as defendant C. his heirs and assigns should 
 direct, and consigned to him, and that his son should send 
 an account every year of the produce, and if he did not, then 
 defendant C. with the consent of his trustees was to put an 
 overseer on the estate. 
 
 The bill was brought against the trustees and sons for an 
 account of the rents and profits, and that an overseer or 
 receiver might be appointed of the estate. 
 
 The decree referred it to the- Master to appoint a proper 
 person in L. to whom the defendant C. should consign and 
 send over the profits of the plantation and houses in ques- 
 tion to be disposed of according to testator's will, and de- 
 fendant C. was accordingly from time to time to consign 
 and send over the profits to such person so to be appointed, 
 and R. S. was appointed consignee. 
 44* 
 
522 equity pkbcedbnts. 
 
 Order. 
 
 CH. III. Let R. S. the consignee approved by the Master, twice in 
 every year transmit to defendant C. a true account of the 
 sugars and other produce of the plantation consigned to and 
 received by him upon the respective consignments, and of 
 the sales thereof, and let the said E. S. make insurances 
 upon the sugars and other produce of the plantation that 
 shall be consigned to him in such manner as shall be reason- 
 able with the approbation of defendant D. C. or of such per- 
 son as he shall appoint, and let the charges thereof be paid out 
 of the money arising by the sale, and let the said R. S. 
 transmit over from the said plantation to D. C.'s attorney at 
 St. C. such stores, provisions, and other effects for the neces- 
 sary use and consumption of the said estate as the said R. 
 C. shall by letter from time to time desire with the approba- 
 , tion of the Master, and let defendant C. deliver over to the 
 
 said R. S. an inventory of the negroes, mills, and utensils 
 now upon the plantation, and let the said R, S. pay or remit 
 to the said R. C. such sums of money as shall be reasonably 
 laid out by the said C. in negroes, utensils, cattle, and repairs 
 upon the plantation, to be ascertained by an account to be 
 sent from time to time by the said C. to be verified by affi- 
 davit, which sums are to be settled by the Master if the par- 
 ties differ ; ■ And let the said R. S. pass his accounts annually 
 before the Master, and pay what shall appear to be due from 
 him on the balance of his account from time to time into 
 the bank with the privity of the said Accountant-General of 
 this court, &c. 
 
 XXn. Minutes of an order directing the appointment of persons to manage 
 an infant's estates' in the West Indies, with directions as to remitting the 
 rents and produce ; also directing the appointment of a guardian for the 
 infant. 
 
 Let it be referred to the Master to approve of a proper 
 person in the island of B. to manage the plaintiffs the in- 
 fant's estate there, and receive the rents and profits thereof, 
 and to remit same over to defendants in E. in trust for 
 plaintiff; and what shall be from time to time so remitted 
 
DECREES AND DECKETAL ORDERS. 523 
 
 by such person so to be approved of as aforesaid to defend- CH. iii. 
 ant is, after a deduction of what shall be allowed for plain- 
 tiff's maintenance, to be placed out at interest, &c. 
 
 Let it be referred to the Master to approve of a proper 
 person to be appointed guardian of the person and estate of 
 plaintiff E. O. the infant, and he is to state same to the 
 Court, and thereupon such further order shall be made relat- 
 ing thereto as shall be just. 
 
 And let the Master appoint one or more proper person or 
 persons in the island of B. to manage said plaintiff's the 
 infant's estate there, and to receive the rents, produce, and 
 profits thereof, and he or they is or are to remit same to a 
 proper person in L. to be approved of by the Master for that 
 purpose ; and the said Master is to make such person to 
 whom the same shall be so remitted a reasonable allowance 
 in respect thereof ; but such person is first to give security 
 to be approved of by the Master duly to account for and 
 pay what he shall so receive by such remittance as this Court 
 shall direct. 
 
 XXin. Decretal order under the stat. 7 Geo. 2, c. 20, upon a petition for 
 redemption of a mortgage, presented by the party entitled to the equity 
 of redemption, defendant to a bill of foreclosure, (n) 
 
 At the Eolls. 
 Master of the Rolls. 
 
 Wednesday the 6th day of August, &c. 1794. 
 
 Between Richard Huson, - - Plaintiff, 
 and 
 Jane Hewson, - - Defendant. 
 
 Whereas Jane Hewson, widow, did on the 25th day of 
 July last prefer her petition unto the Right Honorable the 
 Master of the Rolls, setting forth that by indentures of bar- 
 gain and sale dated the 14th day of May, 1759, and made 
 between J. H. the petitioner's late husband (in right of the 
 
 (rt) See Huson v. Eeioson, 4 Ves. 104, 2d edit., and the oases referred to in note 
 (57), ibid.; 2 Madd. Ch. Pr. 265, 428; Preadr. Bull, 1 Sim. & Stu. 331. 
 
524 EQUITY PRECEDENTS. 
 
 CH. III. petitioner) the petitioner and M. S. of the one part, and 
 ^ Thomas Gibson of the other part, the said J. H. and the 
 
 petitioner in consideration of £200 paid to them by the said ' 
 T. G. did grant and surrender to the said T. G. a messuage 
 or tenement by way of mortgage for securing £200 and 
 interest ; that plaintiff has become assignee of the said 
 mortgage, and that the petitioner is entitled to the equity of 
 redemption, and is willing and desirous to redeem- the said 
 mortgaged premises, and to pay the plaintiff R. H. all prin- 
 cipal money and interest due on the said mortgaged prem- 
 ises, and has applied to the said R. H. and offered to pay 
 the same ; that the said plaintiff R. H. notwithstanding in 
 Easter Term last and subsequent to such offer filed his bill 
 in this cause to foreclose the said mortgaged premises, to 
 which the petitioner has appeared and obtained an order 
 for time to answer ; and in the same Term the said R. H. 
 served the tenant in possession of the said mortgaged prem- 
 ises with a declaration in ejectment, to which petitioner has 
 appeared and entered the common rule, and praying that it 
 might be referred to the Master of this court to take an 
 account of the money due to the plaintiff for principal and 
 interest and for costs as well at law as in this court ; and 
 that upon payment by the petitioner of what shall be found 
 due upon such account the plaintiff might reconvey the said 
 mortgaged premises to the use of the petitioner, her heirs 
 and assigns forever, and might deliver up to the petitioner 
 aU deeds and writings in his custody or power relating to 
 the same, and that in the niean time the plaintiff might be 
 restrained from proceeding in this cause and in the aforesaid 
 ejectment and from all other proceedings at law against the 
 petitioner in respect of the matters aforesaid ; Whereupon 
 all parties concerned were ordered to attend His Honor in 
 the matter of the said petition this day, and counsel for the 
 . petitioner and for the plaintiff this day attending accordingly, 
 upon hearing the said petition and the said indenture dated 
 the 14th day of May, 1759, read, and what was alleged by 
 the counsel for the petitioner and for the plaintiff, and the 
 defendant by her counsel admitting the mortgage in the 
 pleadings mentioned, and that 'the principal-money and in- 
 terest secured thereby are still due to the plaintiff, and now 
 offering to pay the same to the plaintiff, together with his 
 
DECREES AND DECRETAL ORDERS. 525 
 
 costs in this court and at law pursuant to the late act of CH. in. 
 parliament in that case made and provided, His Honor doth 
 order and decree that it be referred to Mr. H. one of the 
 Masters of this court to take an account of what is due to 
 the plaintiff for principal and interest on the mortgage in the 
 pleadings mentioned, and to tax him his costs in this court 
 and at law ; and upon the defendant's paying unto the plain- 
 tiff what shall be reported due to him for principal and 
 interest and costs as aforesaid within six months after the 
 said Master shall have made his report at such time and place 
 as the said Master shall appoint, It is ordered that the plaintiff 
 do surrender the said mortgaged premises free and clear of and 
 from all incumbrances done by him or any claiming by, from, 
 or under him, and deliver up all deeds and writings in his 
 custody or power relating thereto upon oath to the said de- 
 fendant or to who.m she shall appoint ; but in default of 
 defendant's paying unto the said plaintiff such principal, 
 interest, and costs, as aforesaid, by the time aforesaid, the 
 said defendant is from thenceforth to stand absolutely de- 
 barred and foreclosed of and from all right, title, interest, 
 and equity of redemption of, in, and to the said mortgaged 
 premises ; and for the better taking of the said accounts the 
 parties are to produce before the Master upon oath all deeds, 
 papers, and writings in their custody or ' power relating 
 thereto, and are to be examined upon interrogatories as the 
 said Master shall direct, who in taking of the said account 
 is to make unto the parties all just allowances, and any of 
 the parties are to be at liberty to apply to the Court as there 
 shall be occasion. 
 
 XXVI. Order directing an action of trover to be brought, and that the de- 
 fendant should make certain admissions. 
 
 Doth decree that the parties do proceed to a trial at law in 
 the Court of King's Bench in London, at the Sittings in the 
 next Term, or at such other time as the Lord Chief Justice 
 of that court shall appoint, in an action of trover to be 
 
 brought by plaintiff against the defendant T. for packs 
 
 of woollens in question in this cause, and the said W. T. is 
 to name an attorney and appear and accept a declaration 
 
526 EQUITY PRECEDENTS. 
 
 CH. in. and plead the general issue ; and in order that the property 
 of said goods may be tried on such trial, said defendant is to 
 admit that the goods in question came to his hands, and also 
 to admit a demand and refusal ; 
 
 And it is further ordered that all proceedings under the 
 said commission and all other books, &c. be produced, &c. 
 
 on or before next as said Master shall direct, and 
 
 either side is to be at liberty to take copies thereof at their 
 own expense ; and it is ordered that such copies thereof be 
 produced at the trial as either side desire, and give notice 
 thereof in writing. 
 
 Further consideration reserved tiU after trial. 
 
 XXVII. Minutes of an order directing a trial at law in ejectment. 
 Let all parties proceed to a trial at law at the next 
 
 assizes for the county of S. in an ejectment upon the demise 
 of the now plaintiflF, and defendants to name an attorney to 
 appear to the ejectment, and to enter into the common rule 
 to confess lease, entry and ouster ; 
 
 And let the original lease, &c. all deeds, &c. be produced, 
 and reserve all, &c. 
 
 XXVIII. Minutes of an order directing a trial at law, to ascertain whether 
 and when a person became bankrupt. 
 
 Let the parties proceed to a trial at law upon this issue, 
 
 whether M. P. did on or before commit any act of 
 
 bankruptcy within the intent and meaning of the several stat- 
 utes relating to bankrupts, or any of them, and if the jury 
 shall find he did not commit any act of bankruptcy on or 
 before that day and that he committed an act of bankruptcy 
 at any time afterwards, in such case the particular time 
 when he committed such act of bankruptcy is to be indorsed 
 oh the postea. 
 
 And plaintiff here is to be plaintiff at law, &c. &c.. 
 
DECREES AND DECRETAL ORDERS. 527 
 
 XXIX. Order directing a trial at law upon certain issues, with directions in CH. III. 
 case the jury should find any particular right varying in circumstances 
 from the issues as laid. 
 
 Doth order that the parties do proceed to a trial at law at 
 the next assizes for the county of Y. upon the follow- 
 ing issues, whether, &c. 
 
 And it is further ordered that plaintiff the mayor and com- 
 monalty of the city of Y. be plaintiff at law, and it is here- 
 by referred to Mr. , &c. to settle the issues in case the 
 
 parties differ about the same ; And to the end such trial may 
 be liad, defendants are forthwith to name an attorney to ac- 
 cept a declaration and appear and plead to issue ; 
 
 And in case on said trial the jury shall find any particular 
 right though varying in some circumstances from the issues 
 as laid, it is ordered that the same be indorsed on the postea. 
 
 Further directions reserved, &c. ; liberty for either party to 
 • apply. 
 
 XXX. Minutes of an order directing a trial at bar in the Court of King's 
 Bench by a special jury, six of whom to have a view of the premises. 
 
 Let plaintiff P. and defendants proceed to a trial at bar in 
 
 the Court of King's Bench next Term or at such time 
 
 as that Court shaU think fit, by a special jury of the county 
 of S. on this issue whether, &c. 
 
 And the sheriff of the county of S. is to attend the Master 
 with his book of freeholders, whereout the names of forty- 
 eight persons are to be taken, and each is to be at liberty to 
 strike out twelve and the remaining twenty-four are to stand 
 and be returned on the jury, and six of the jury are to have 
 a view of the premises ; 
 
 And the plaintiff P. is to be plaintiff at law, and the 
 Master is to settle the issue if the parties differ ; 
 
 And to the end said trial may be had, defendants are 
 forthwith to name an attorney to accept a declaration to ap- 
 pear and plead to issue ; 
 
 And let both sides produce before the Master all deeds, 
 &c. and either side is to be at liberty to inspect and take 
 copies thereof at their . own expense, and such of them as 
 
528 EQUITY PRECEDENTS. 
 
 CH. III. either side shall give notice for are to be produced at said 
 
 ~ trial ; And after said trial shall be had, either party is to be 
 
 at liberty to apply to the Court- for further directions. 
 
 XXXI. Order directing issues to be taken pro confesso, unless the plaintiffs 
 proceed to trial within a limited time. 
 
 Upon opening, &c. unless the plaintiffs in the issues do 
 
 proceed to the trial thereof some time in , it is ordered 
 
 that the said issues be taken pro confesso as if the same had 
 been tried and found against them, without further motion. 
 
 XXXn. Minutes of an order directing the plaintiff's bill to be retained for 
 a limited period, with liberty to him to bring an action at law, and in de- 
 fault thereof within the time limited, the bill to stand dismissed with costs. 
 
 Let the-plaintiflf's bill be retained for months, and 
 
 in the mean time plaintiff is to be at liberty to bring his 
 action against defendant for what is due to him for the 
 matters complained of in bill, and the same is to be tried at 
 the next assizes for the county of S. ; 
 
 And both sides are to produce before Mr. S., one, &c. upon 
 oath, all books, &c. on or before, &c. ; either side to take 
 copies, &c. ; and such of them as either side shall give notice 
 for are to be produced at said trial ; 
 
 And in default of plaintiff's bringing such action and pro- 
 ceeding to trial by the time aforesaid, then it is ordered that 
 plaintiff's bill do stand dismissed out of this cpurt with costs 
 to be taxed by said Master ; 
 
 But in case plaintiff shall bring such action and proceed 
 to trial as aforesaid, then the Court wiU reserve the consider- 
 ation of all further directions, &c. 
 
 XXXIII. Order declaring an account to have been forged, and recom- 
 mending a prosecution for forgery. 
 
 His Lordship declared he was of opinion that the account 
 produced before him dated, &c. is a forged acc6unt, and 
 recommended it to plaintiff to prosecute said defendant for 
 
DBCEEES AND DECRETAL ORDERS. 529 
 
 forging said account or publishing same knowing it to be c^- l^- 
 forged. 
 
 And said account being filed in the office of the Register 
 for filing affidavits in this court annexed to the affidavit 
 made by said J. H. it is ordered that same be carefully pre- 
 served in the affidavit office, to the end it may be forthcom- 
 ing in case any prosecution shall be caiTied on against the, 
 said defendant or any other person for forging the same. 
 
 And that the proper officer in the said office do attend 
 with the said account on any trial to be had for such forgery, 
 being paid his fees for such attendance. 
 
 XXXIV. Decree by the Lord Chancellor reversing an order of dismission 
 made by the Master of the Rolls, and directing inquiries as to the appli- 
 cation of certain trust-moneys and the acts of the trustees thereof relative 
 thereto, and in case the Master should find that either of the trustees had 
 committed a breach of trust, then the Master to state in what such breach 
 of trust took place, and whether the cestui que trust knew of the trustees' 
 liability in respect of such breach of trust previously to her executing a 
 power of attorney. (Walker v. Symonds, 3 Swanst. p. 2, 44.) 
 
 [The decree on further directions is inserted post.] 
 
 That the order of dismission made on the hearing of this 
 cause be reversed, and that i^ be referred to Mr. Thompson, 
 one, &c. to inquire and report in whose hands the trust-money 
 mentioned in the pleadings had been since the year 1782, 
 and when the same should appear to have been placed out 
 on any security or securities, to report on what security or 
 securities the same was placed out ; Afid it was ordered that 
 the Master should state specially and particularly the nature 
 of such security or securities when the same were not gov- 
 ernment or real securities, and also report in whose custody, 
 possession, order, or disposal, the instruments of security were 
 from time to time, and that the Master should also inquire 
 and report what were the acts of each of the trustees respec- 
 tively as to the receipt and placing out of the trust-money 
 fi:om time to time and the possession of the securities for the 
 same ; And it was ordered that such inquiry should be made 
 not only as to the acts of the trustees respectively, but as to 
 the consent, permission, or privity of each of the trustees re- 
 45 
 
530 EQUITY PRECEDENTS. 
 
 CH- in. spectively to any act of the others or other of them ; And 
 that the Master should inquire and report whether the trust- 
 money was at any time and for what time in the hands of 
 any of the trustees without security, and whether the same 
 wsCs so with the consent, privity, or permission of the others 
 or other of them, and in case upon such inquiries it should 
 appear to the Master that the defendant WiUiam Symonds 
 deceased or Thomas Griffith by any act, neglect, or default, 
 committed any breach of trust in respect of which they or 
 either of them were or was answerable personally for the 
 trust-money or any part thereof, that the Master should state 
 in what such breach of trust took place ; And it was ordered 
 that the Master should inquire and report whether the plain- 
 tiff Loveday previously to her executing the power of Attor- 
 ney in the pleadings mentioned had any knowledge or notice 
 that by reason of such breach of trust they or either of them 
 were or was so answerable ; And it was ordered that the Mas- 
 ter should state all special circumstances ; And for the better 
 discovery of the matters the parties were to be examined 
 upon interrogatories, &c. and His Lordship reserved the con- 
 sideration of costs and of all further directions until after the 
 Master should have made his report, and any of the parties 
 were to be at liberty to apply to the Court as they should be 
 advised.— Eeg. Lib. B. 1811, fol. 1211. 
 
 XXXV. Decree on further directions, overruling exceptions which had 
 been taken to the Master's report, and declaring that the assets of two 
 deceased trustees were liable to make good a breach of trust by the de- 
 cree declared to have beep committed by the deceased trustees, reserving 
 liberty to their representatives to use the names of the plaintiffs in any 
 proceedings which they might be advised to take against other persons 
 upon giving an indemnity to the plaintiffs to be settled by the Master ; 
 an account directed to be taken of principal and interest due in respect 
 of the trust-money, and of the plaintiff's costs, the same to be paid out of 
 the assets of the two deceased trustees ; the bill dismissed as against one 
 defendant without costs, but without prejudice to any ulterior proceedings. 
 {See the preceding decree, and 3 Swanst. p. 79.) 
 
 The decree ordered that the exceptions be overruled as in- 
 sufficient, and that the sum of £5 deposited with the regis- 
 ter, &c. be paid to the plaintiffs, and His Lordship declared 
 that the late defendant William Symonds and Thomas Grif- 
 
DECREES AND DECRETAL ORDERS. 531 
 
 fith were proved to have committed a breach of trust in re- ^ in- 
 spect of which they were answerable personally for the trust- 
 money in question, and that under all the circumstances of 
 the case the plaintiff Loveday Walker ought not to be con- 
 sidered as having relinquished or barred herself from the right 
 to consider them as being so answerable for the said breach 
 of trust, or as having bound herself to accept such provision 
 only in respect of the trust-money as she or William Sy- 
 monds and Thomas Griffith were or might be entitled to 
 under the trusts of the indentures of lease and release of the 
 24th and 25th days of March 1797, but that under such cir- 
 cumstances either the plaintiff Loveday Walker under the 
 true construction of the said indentures remained entitled to 
 charge William Symonds and Thomas Griffith personally, 
 or if she was not so entitled under such construction she was 
 not bound to take the benefit of such provisions and relin- 
 quish her demands against them personally on account of 
 such breach of trust; And His Lordship declared that Wil- 
 liam Symonds and Thomas Griffith having made themselves, 
 by having executed the said indentures of release and other 
 acts, creditors of the defendant Isaac Harris, as in the said 
 indenture of release is mentioned, and the plaintiff Loveday 
 Walker, not having been bound to accept the benefit of their 
 demands as such creditors, the plaintiffs were entitled to have 
 such payment made out of and such account directed as 
 thereinafter was ordered and directed as to the assets of Wil- 
 liam Symonds and Thomas Griffith respectively, without 
 compelling an account to be taken of the assets of Nicholas 
 Donnithorne deceased, which appear to be included in the 
 trusts of the said indenture of release, or enforcing in the 
 said suit any demand which by the plaintiffs or on their be- 
 half could be enforced under the trusts of that indenture, but 
 with such liberty reserved to the respective representatives of 
 William Symonds and Thomas Griffith as thereinafter pro- 
 vided ; And it was ordered that it be referred to the Master 
 to take an account of what remained due to the plaintiffs for 
 principal and interest of the trust-money in question, and 
 that the defendants William Symonds and Thomas Cooke 
 out of the assets of the late defendant William Symonds 
 deceased, and the defendant Johni Lilly out of the assets of 
 Thomas Griffith pay what the Master should find to remain 
 
532 EQUITY PRECEDENTS. , 
 
 CH. III. due for principal and interest on taking the said account, into 
 the bank with the privity of the Accountant-General, to be 
 there placed to the credit of the cause, " The plaintiffs' ac- 
 count," subject to the further order of the Court, and the 
 plaintiffs were to be at liberty to make such application to 
 the Court touching the same as they should be advised ; And ' 
 in case the defendants William Symonds and Thomas Cooke 
 should not admit assets of William Symonds deceased suf- 
 ficient for the purpose aforesaid, then they were to come to 
 an account before the Master for his personal estate come to 
 their or either of their hands, &c. and unless the defendant 
 John Lilly should admit assets of Thomas Griffith, It was 
 ordered that the Master do take an account of his personal 
 estate come, to the hands of John Lilly his executor, &c. ; 
 And His Lordship declared that in case after having satisfied 
 what they were liable to pay under the directions therein- 
 before contained, the defendants William Symonds and 
 Thomas Cooke and John LiUy as such representatives repecr . 
 tively as aforesaid or any representative of Symonds or Grif- 
 fith respectively should be advised to make any claim or de- 
 mand against the assets of Nicholas Donnithorne deceased, 
 or against the trust-premises or the trustees in the said indent- 
 ure of release contained and named, or against the defendant 
 Isaac Harris, which it should be necessary or they should be 
 advised to make in the names of the plaintiffs or any of them, 
 they were to be at liberty to use the names of the plaintiffs 
 or any of them in any such proceedings, they giving to the 
 plaintiffs a proper and sufficient indemnity against the costs 
 and expenses of all such proceedings : And it was ordered 
 that such indemnity be settled by the Master if the parties 
 differ about the same ; And it was ordered that it be referred 
 to the Master to tax the costs of the plaintiffs, and that such 
 costs when taxed be paid by the defendants the executors 
 out of the assets of respective testators ; And it was ordered 
 that the plaintiffs' bill as against the defendant Harris be dis- 
 missed without costs betweeii the plaintiffs and him, but such 
 dismissal was to be without prejudice to any such proceedings 
 as aforesaid for the benefit of the representatives of the other 
 deceased trustees, either in their own names or those of the 
 plaintiffs or any of them thereafter to be taken relative to the 
 matters in question ; And for the better taking of the said 
 
DECREES ANB DECRETAL ORDERS. 633 
 
 accounts the parties were to produce before the Master all CH. iii. 
 books, &c. ; and the Master was to be at liberty to make a 
 separate report or separate reports of any of the matters 
 aforesaid ; And His Lordship reserved the consideration of 
 all further directions until after the Master should have made 
 his report, and any of the parties were to be at liberty to ap- 
 ply to the Court as there should be occasion. — Reg. Lib. B. 
 1817, fol. 1977. 
 
 XXXVI. Decree for an account of a testator's personal estate and the an- 
 nuities and legacies given by his will ; the will not being duly executed ; 
 the real estate declared to have descended to the testator's daughter 
 and heiress at law, a plaintifF, and to be subject to the articles en- 
 tered into upon her marriage ; an annuity in fee granted by King 
 Charles the Second out of the Barbadoes Duties decreed to have become 
 vested under the will in the testator's daughter as a fee simple conditional, 
 to be subject to make good the annuities and legacies given by his will 
 in case the personal estate should be deficient. Liberty reserved to the 
 executor to make his election between a debt claimed to be due to him, 
 and a legacy given to him by the will. {Earl of Stafford v. Buckley, 
 2 Ves. sen. 170.) 
 
 Decree that it be referred to the Master to take an ac- 
 count of the personal estate of the testator, Richard Cantil- 
 lon, deceased, which has been received by the plaintiffs, the 
 Earl and Countess of Stafford, and the defendant, F. Gar- 
 van, or any of them, or by any other person by their or any 
 of their order or for their or any of their use ; Let the Mas- 
 ter likewise take an account of the said testator's debts and 
 funeral expenses, and of the annuities and other legacies 
 given by the wiU, and what is due for the arrears of such 
 annuities : And let the Master compute interest on such of 
 the legacies as carry interest from the end of one year from 
 the said testator's death at the rate of 4 per cent. ; And let 
 such personal estate be applied in payment of the said tes- 
 tator's debts, funeral expenses, annuities, and other legacies 
 in a course of administration ; And in taking of the accounts 
 of the said testator's personal estate against the said de- 
 fendant F. G. in case the- Master shall find any account 
 stated between him and the administrators during the 
 45* 
 
534 EQUITY PRECEDENTS. 
 
 CH. lU. minority of the plaintiff, the Countess of S., (a) he is not 
 to unravel the same ; And it being insisted in the cause 
 that there was a debt due from the testator at the time 
 of his death to the said defendant. F. G., declare that the 
 said defendant is not entitled to claim both his debt and 
 his legacy given him by the will of the said testator in this 
 cause, but that he has a right to make his election whether 
 he will claim his debt out of the testator's estate or accept 
 the legacy given him by the will after the account of his 
 personal estate shall be taken ; And reserve liberty to the 
 said defendant F. G. to make such election after such 
 .account shall be taken ; And also reserve any directions as 
 to any account of what was due from the said testator at 
 the time of his death to the said defendant F. G. until after 
 such election shall be made ; And let the Master state and 
 ascertain what shall appear to be the clear surplus of the 
 said testator's personal estate after payment of his debts, 
 funeral expenses, annuities, and other legacies as aforesaid ; 
 And as to the annuities given by the testator's will, declare 
 that the annuities given to his brothers T. C. and B. C. are 
 annuities for life only, redeemable in the manner mentioned 
 in his will, and that the annuities given to the other annui- 
 tants are to continue so long as they have issue of then- 
 bodies, redeemable in the manner mentioned in the said 
 testator's will ; And let the Master consider of a proper part 
 of the said testator's estate to be set apart to secure the 
 growing payments of the said annuities, to which the per- 
 sonal estate is to be considered as liable in the first place ; 
 And let the Master state the same unto the Court, where- 
 upon such ftirther order shall be made as shall be just ; And 
 several questions arising in the cause touching the extent 
 and construction of that clause in the testator's will whereby 
 he has directed the trustees to entail upon his daughter and 
 her issue aU his estate and effects after the payment of the 
 jointures to his wife and of his annuities and legacies, with 
 such limitation as therein mentioned, declare that the said 
 testator's will not being executed according to .the statute 
 
 (a) The execators Garvan and btoper had renounced probate, and letters of ad- 
 ministration with the will annexed were granted during the minority of the testator's 
 daughter, and for her benefit, to the testator's widow, who had intermarried with F. 
 Bulkeley. 
 
DECREES AND DECRETAL ORDERS. 535 
 
 against frauds and perjuries, the testator's real estate in the ch. hi. 
 county of L. is not comprised in or affected thereby, but is 
 descended to the plaintiff, the Countess of S., his daughter 
 and heiress at law ; But declare that the testator's annuity 
 of £1000 per annum, which was originally created by grant 
 of King Charles the Second to the Earl of Kinnoul in fee, 
 and also the surplus of testator's personal estate arising at 
 the time of his death are subject to the power thereby given 
 to his executors ; And declare that the said annuity of 
 £1000 per annum in fee being capable of being settled and 
 limited to thetestator's daughter and the heirs of her body, 
 the same did by virtue of his will vest in her in equity as a 
 fee-simple conditional, and that she having had issue is 
 capable of aliening or settling the same ; And declare that 
 according to the true construction of the said clause in the 
 will, the limitation over the residue of the testator's personal 
 estate to his two nephews, the defendants B. C. and T. C. 
 is too remote and void ; And declare also that the said an- 
 nuity of £1000 per annum, subject to make good the annui- 
 ties and legacies given by the said testator's will in case his 
 personal estate shall be deficient for that purpose, and also 
 the said real estate in the city of L. are subject to and 
 affected by the articles dated the 6th of July, 1743, entered 
 into upon the plaintiff's marriage ; And declare that the 
 interest and profits of the surplus of the testator's personal 
 estate over and above the £200 a year, given for the main- 
 tenance of the plaintiff, the Countess of S., accrued before 
 her marriage (if any shall be) did by virtue of the said will 
 go to and belong to the plaintiff, the Countess of S. ; And 
 declare that the articles ought to be performed and carried 
 into execution, and decree the same accordingly, and let 
 proper settlements, conveyances, and assurances be executed 
 by the respective parties to the said articles, so far as the 
 deaths of parties will admit thereof, with the approbation of 
 the Master, except so far as the said articles relate to any 
 surplus of the testator's personal estate existing at the time 
 of his death which shall remain after payment of his debts, 
 funeral expenses, annuities, and legacies, touching which 
 surplus His Lordship doth reserve any directions tiU after the 
 said account shall be taken and the Master shall have made 
 his report ; Let the Master also take an account of the income 
 
636 , EQUITY PRECEDENTS. 
 
 CH. III. of the said annuity of £1000 a year which has been received 
 by the defendant E. or by any other person by his order or 
 for his use ; And in taking of the said account let the Master 
 •make unto the said defendant all just allowances ; And it 
 being admitted by the said defendant E. that he has in his 
 hands the sum of £6000 part of the money arising out of 
 that annuity, let the said defendant E. pay the said sum of 
 £6000 into the bank with the privity of the said Accountant- 
 General of this court to be placed to the credit of this cause, 
 subject to the further order of this Court ; And the defendant 
 S. W., being the heir-at-law of her father, who was the trus- 
 tee of the testator's real estate in the county of L., desiring 
 to be discharged from the trusts, let her convey the same to 
 a new trustee to be approved by the Master, at the plain- 
 tifPs expense, subject to the trusts and provisions of the said 
 marriage articles ; And it being admitted that the defendant 
 G. entered into security to the Bank of England for the 
 benefit of the testator's estate in respect of certain bank notes 
 burnt in his house, let the said defendant G. be indemnified 
 in respect of such security given by him out of the testator's 
 estate ; And let the Master be at liberty to make separate 
 reports as to the account hereby directed against the defend- 
 ant E. and as to the account of what is due to the annui- 
 tants for the arrears of their several annuities, and as to any 
 fund to be set apart for securing the said annuities ; [And for 
 the better clearing of the several accounts before directed, 
 the usual directions given for production of books and papers, 
 and examination of the parties ; the costs of all parties out 
 of the testator's estate ; The consideration of subsequent 
 costs and of all further directions, and particularly as to any 
 question that may arise between the interest which the 
 Countess of S. may take and the interest which any child or 
 children she hath had or may have, may take in the surplus 
 of the said testator's personal estate reserved until after the 
 Master shall have made his report ; Liberty to any of the 
 parties to apply, &c.] 
 
DECREES AND DECRETAL ORDERS. 537 
 
 XXXVII. Decree establishing a will with several codieils thereto, and CH III. 
 directing the trusts to be carried into execution, except as to a direction 
 in the will for the accumulation of the interest and dividends of the re- 
 siduary personal estate and the rents of the real estate during the minority 
 of any person or persons entitled thereto, which is declared to be too 
 remote and void ;- a grandson of the testator, an infant, declared to be 
 entitled to the devised estates for life, with remainder to his first and 
 other sons in tail general ; directions given as to an allowance for his 
 maintenance ; the testator's widow having made her election to take 
 under the marriage settlement, declared to be barred of her dower ; a 
 trustee declared to be entitled to certain leasehold premises for his own 
 benefit, and special directions given as to prospective and retrospective 
 allowance to be made to him for his trouble. {Marshall v- Halloway, 
 2 Swanst. 432, 450.) 
 
 April 22, 1820. — His Lordship doth declare that the wiU of 
 Thomas Halloway the testator, &c. dated, &c. and the three 
 several codicils of the testator dated, &c. are respectively well 
 executed and proved, and that the trusts thereof ought to be 
 carried into execution, except in so far as the said will directs 
 the laying out and investing the dividends, interest, and an- 
 nual proceeds of the stocks and securities in and by the said 
 will directed to be purchased with the surplus of the said 
 testator's personal estates after the payment of his debts, 
 funeral, and testamentary expenses and legacies, and the 
 rest of his personal estate, and also the clear yearly rents and 
 profits of his real estates from time to time, and when, and 
 so often, and during all such times as any person or persons 
 beneficially interested in or entitled to his real or personal 
 estates under the trusts thereinafter declared thereof should 
 be under the age of twenty-one years, and the adding all 
 such investments to his personal estate in order to accumu- 
 late the same; And His Lordship doth declare that such di- 
 rection to lay out and accumulate the said rents and profits, 
 interest and dividends is too remote and void in law ; And 
 His Lordship doth declare that the defendant the infant H. 
 F. K. Martelli is entitled in possession to the rents and profits 
 of the said testator's freehold and copyhold and leasehold 
 estates, and to the dividends, interest, and annual proceeds of 
 his personal estate and effects for and during the term of his 
 natural life, with remainder to the first and other sons of 
 his body lawfully to be begotten successively, according to 
 
538 EQUITY PRECEDENTS. 
 
 <^H. Ill- seniority of age, and the heirs of their bodies respectively, 
 with such remainders over as in the said will and codicils in 
 that behalf respectively contained. The decree after the 
 usual directions for an account of the personal estate of the 
 testator and the rents and profits of his real estate received 
 by the plaintiffs, proceeded thus : 
 
 It appearing that the defendant Horatio Martelli the father 
 of the said defendants the infants, is dead, it is ordered that 
 the said Master do inquire and state to the Court by whom 
 the said defendant the infant H. F. K. Martelli has been 
 maintained since the decease of the said testator, and what 
 sums of money have been paid in respect thereof and 
 by whom, and what will be proper to be allowed for his 
 maintenance and education for the time past, and to whom, 
 and also what will be proper to be allowed for his main- 
 tenance and education, and out of what fund for the 
 time to come, and to whom, and in making such allowance 
 the said Master is to have regard to the situation and cir- 
 cumstances of the other defendants the younger brothers and 
 sisters of the said H. F. K. Martelli, and the said Master is 
 to be at liberty to make separate report, &c. ; And the de- 
 fendant Ann Holloway having elected to take the provision 
 made for her by the indenture of settlement in the pleadings 
 in this cause mentioned to bear date the 17th day of Novem- 
 ber 1798, in lieu of her dower thirds and free-bench in and 
 out of the said testator's freehold and copyhold estates, His 
 Lordship doth declare that the said defendant, Ann Holloway 
 is barred of all claim in respect of such dower or thirds and, 
 free-bench, and doth order that the said defendant do execute 
 a proper and sufficient release of such claims, such release to 
 be settled by the said Master ; And it is ordered that all the 
 costs, charges, and expenses attending the making and exe- 
 cuting thereof, be paid and discharged by the said plaintiff 
 out of the personal estate and effects of the said testator, 
 &c. ; And His Lordship doth declare that the said defendant 
 Faithful Croft is entitled to the leasehold house and premises 
 in Chancery Lane given and bequeathed to him in and by 
 the codicil of the said testator bearing date the 20th day of 
 January 1816, for the remainder of the term of years now to 
 come therein, from the death of the said testator, for his own 
 use and benefit; And it being alleged by the said plaintiffs 
 
DECREES AND DECRETAL ORDERS. 539 
 
 the trustees that the nature and circumstances of the estate CH. ni. 
 of the said testator require the application of a great propor- 
 tion of time by and on the part of the said trustees for the 
 due execution of the trusts of his said will in regard to his 
 estate, and that they cannot undertake to continue the exe- 
 cution of the trusts without the aid and assistance of the said 
 Faithful Croft as a co-trustee, he having during the life of the 
 said testator had the principal and confidential management 
 thereof, and being better acquainted therewith than any other 
 person, and therefore it will be for the benefit of the said tes- 
 tator's estate that he should continue to be a trustee thereof, 
 and the said Faithful Croft alleging that due attention to the 
 affairs and concerns of the said testator will require so 
 much of his time and attention as will be greatly prejudicial 
 to his other pursuits and concerns in business, and therefore 
 that he would not have undertaken to act therein, but under 
 the assurance that an application would be made to this 
 Court to authorize the allowance and payment of a reason- 
 able compensation out of the said testator's estate for such 
 his labor and time, and that he cannot continue to act therein 
 without such reasonable allowance being made to him; It 
 is ordered that it be referred to the Master to settle a reason- 
 able allowance to \>e made to the said Faithful Croft out of 
 the said testator's estate for his time, pains, and trouble in 
 the execution of the said trusts for the time past ; and in 
 settling such allowance the said Master is to have regard to 
 the legacy of £200 given and bequeathed to the said Faith- 
 ful Croft by the said will of the said testator on the execu- 
 tion of the trusts thereby reposed in him ; And it is ordered 
 that the said Master do inquire whether it will be for the 
 benefit of the said testator's estate that the said Faithful 
 Croft should continue to be a trustee under the said will and 
 to receive a compensation for the future employment of his 
 time and trouble ; and in case the said Master shall be of 
 opinion that it will be for the benefit of the said testator's 
 estate that the said Faithful Croft should be continued a 
 trustee, then the said Master is to settle reasonable aOowance 
 to be made to the said Faithful Croft therein, and the said 
 Master is to be at liberty to make a separate report, &c. 
 And it is ordered that the said Master do tax all parties their 
 costs, &c. And it is ordered that the same when taxed be 
 
640 EQUITY PRECEDENTS. 
 
 CH. III. paid to them by the said plaintiffs as executors out of the 
 personal estate and effects of the said testator, &c. Reg. 
 Lib. B. 1819, fol. 777, 780. 
 
 XXXVIII. Decree establishing a ■will of real estate, and directing an ac- 
 count to be taken of the testator's debts, funei'al expenses, and legacies, 
 with directions in case the personal estate should be deficient, for i-aising 
 the deficiency by mortgage or sale of the real estate. 
 
 Declare that the will of the said testator being admitted 
 by the said defendant P. H. his heir-at-law, ought to be estab- 
 lished and the trusts thereof performed, and doth order and 
 decree the same accordingly ; And that it be referred to 
 
 Mr. , one, &c. to take an account of the said testator's 
 
 debts, funeral expenses, and pecuniary legacies, and to com- 
 pute interest on such of his debts as carry interest, and also 
 to compute interest on his said legacies at the rate of £4 
 per cent, per annum from the time the same ought to have 
 been paid according to the said testator's will ; And the said 
 Master is to cause an advertisement to be published in the 
 London Gazette for the testator's creditors and pecuniary 
 legatees to come in before him and prove their respective 
 debts, and claim their respective legacies, within a time to 
 be therein limited, or in default thereof they will be excluded 
 the benefit of this decree. And the said Master is also to 
 take an account of the personal estate of the said testator 
 not specifically bequeathed come to the hands of the said 
 defendant J. H. his surviving executor and the defendant P. 
 H. or either of them, or any other person or persons for their 
 or either of their use or by their or either of their order; 
 And the said personal estate of testator is to be applied in 
 payment of his debts, funeral expenses, and legacies in a 
 due course of administration ; And if there shall be any 
 surplus of testator's personal estate remaining after pay- 
 ment of said testator's debts, funeral expenses, and pecu- 
 niary legacies, it is ordered and decreed that the same be 
 equally divided between and paid or retained by the said 
 defendant P. H. and the defendants Lord Viscount W. and 
 S. his wife in right of the said S. and the defendant A. H. 
 according to the said testator's wiU ; But in case the said 
 
DECREES AND DECRETAL ORDERS. 541 
 
 testator's personal estate shall not be sufficient to pay the CH ni. 
 said testator's debts and funeral expenses and pecuniary 
 legacies, then it is ordered and decreed that the said defend- 
 ant P. H. do out of the rents and profits of the said testator's 
 real estates which have accrued since his death and been re- 
 ceived and taken by him, keep down the interest of such of 
 the said testator's debts and legacies as can-y interest ; And 
 that so much of the principal of the said testator's debts and 
 pecuniary legacies as his personal estate shall be deficient to 
 pay and satisfy, be raised by mortgage or sale of a sufficient 
 part of the said testator's real estate as the said Master shall 
 direct, and that a sufficient part thereof be for that purpose 
 mortgaged or sold with the approbation of the said Master, 
 wherein all proper parties are to join, and all deeds and writ- 
 ings relating thereto in the custody or power of any of the 
 parties are to be by them produced upon oath before the said 
 Master as the said Master shall direct ; And the money aris- 
 ing by such mortgage or sale is to be applied in the 'first 
 place in payment and satisfaction of so much of the prin- 
 cipal of the said debts as the said testator's personal estate 
 shall fall short to satisfy, and then in payment of so much of 
 the principal of the said pecuniary legacies as the said per- 
 sonal estate shall fall short to satisfy, and if the same shall 
 be raised by mortgage of the said estate, then the said 
 defendant P. H. is to keep down the interest thereof during 
 his life ; And it is further ordered that all the parties have 
 their costs of this suit out of the said testator's estate to be 
 taxed by the said Master. 
 
 XXXIX. Decree for an account of a testator's personal estate, and directing 
 the appointment of a receiver. 
 
 Decree that it be referred to Mr. , one, &c. to take 
 
 an account of what leasehold estates the testator was en- 
 titled to at the time of his death, and of the annual value 
 thereof, and also an account of the rents and profits thereof 
 accrued since the testator's death received by the defendants 
 his executors or either of them or by any person or persons 
 by their or either of their order or for their or either of their 
 use ; And it is ordered that the said Master do also take an 
 46 
 
542 EQUITY PRECEDENTS. 
 
 CH. III. account of the personal estate of the said testator not specif- 
 ically bequeathed, possessed, or received by the defendants 
 his executors or either of them, or by any person or persons 
 by their or either of their order or for their or either of their 
 use ; And it is ordered that the Master do also inquire and 
 state to the Court what is the value of the leasehold house 
 at, &c. lately belonging to the testator and taken by the de- 
 fendant*; And it is ordered that the said Master do also in- 
 quire and state. to the Court whether the defendants have 
 possessed any and what specific articles bequeathed by the 
 testator other than and except those which they have de- 
 livered to the specific legacies thereof; And for the better 
 taking the said accounts and discovery of the matters afore- 
 said the parties are to be examined upon interrogatories and 
 to produce all deeds, &c. ; the Master to make just allow- 
 ances, &c. 
 
 And it is ordered that the Master do appoint a proper 
 person to be receiver of the rents and profits of the leasehold 
 estates, in question in this cause, and allow him a reasonable 
 salary for his care and pains therein ; such person so to be 
 appointed receiver first giving security to be allowed of by 
 the said Master, and taken before a Master Extraordinary 
 in the country if there shall be occasion, duly and annually 
 to account for what he shall receive of such rents and profits 
 as the Court shall direct ; and the tenants of the said estates 
 are- to attorn and pay their rents in arrear and growing rents 
 to such receiver, who is to be at liberty to let and set the said 
 estates from time to time with the approbation of the said 
 Master as there shall be occasion ; And it is ordered that 
 the person so^to be appointed receiver do from time to time 
 pass his accounts before the Master and pay the balances 
 that shall be reported to be in his hands into the bank to be 
 there placed to the credit of this cause, subject to the further 
 / order of this Court ; And reserve further consideration, 
 &c. 
 
DECREES AND DECRETAL ORDERS. 543 
 
 XFj. Decree on further directions, directing the Master to compute subse- CH. III. 
 quent interest on such debts as carried interest, and to take an accoiint of 
 any other debts remaining unpaid, also directing the sale of a sum of stock 
 and payment thereout and out of other moneys of the debts to be reported 
 due to the creditors, except the plaintiff", he consenting to waive his right ; 
 the executor directed to pay the balance in his hands into court, and direc- 
 tions giveti as to applying the proceeds in the hands of a consignee of a 
 West India estate. 
 
 His Honor did order that it should be referred back to the 
 said Master to compute subsequent interest on such of the 
 debts of the testator W. M. B. mentioned in the first sched- 
 ule to his general report dated -whereon interest is 
 
 thereby computed, and also to take an account of any other 
 debts due from the said testator at his death remaining un- 
 paid and not mentioned in the said first schedule to the said 
 
 report ; And it was further ordered that the sum of £ 
 
 bank 3 per cent, annuities standing in the name of the said 
 Accountant-General in trust in the said cause, " The account 
 of the said testator's real estate," should be sold with the privity 
 of the said Accountant-General, and the money arising by 
 such sale paid into the bank with the privity of the said 
 Accountant-General to be there placed to the credit of the 
 said cause, the like account ; and that out of such money 
 and out of the interest of the said bank annuities until such 
 
 sale, and also out of the sum of £ cash in the bank 
 
 on the credit of the said cause, " The testator's real, estate," 
 
 and likewise out of the sum of £ ■ cash in the bank 
 
 on the credit of the said cause, " The testator's personal 
 estate," the several creditors of the said testator or their 
 legal personal representatives should be paid what should be 
 reported due to them except the said complainant W. H. he 
 by his counsel consenting to waive his right or claim to re- 
 ceive any part of his debt out of the said bank annuities 
 and cash ; And it was further ordered that the said J. F. B. 
 
 should pay into the bank the sum of £ reported due- 
 
 fi-om him by the said Master's general report dated, &c. on 
 account of the personal estate of the said testator with the 
 privity of the said Accountant-General to be there placed to 
 the credit of the said cause," The account of the said testa- 
 tor's personal estate ;" And it-was further ordered that C. S. 
 
544 EQUITY PRECEDENTS. 
 
 I 
 
 CH. III. the consignee of the rents, profits, and produce of the testa- 
 tor's estate in the said island of St. C. should be continued 
 and pass his accounts before the said Master ; and that the 
 said C. S. should out of the profits and produce of the said 
 testator's estate which might come to his hands pay the ar- 
 rears and growing interest of the debt reported due to the 
 said W. H. and of the legacies given by the said testator's 
 will and codicil, and also the arrears and growing payments 
 of the annuities thereby given, and that he should pay the 
 residue of such rents, profits, and produce into the bank 
 with the privity of the said Accountant-General to be there 
 placed to the credit of the said cause, subject to the further 
 order of the Court ; And it was further ordered that the said 
 Master, should tax all parties their cost of this suit other 
 than the mortgagees who had been paid their costs, and 
 that such costs when taxed should be paid to the solicitors 
 for the said several parties out of the residue of the money 
 to arise by sale of the said bank annuities before directed 
 to be sold, and of the dividends that should accrue thereon 
 
 until the sale thereof, and of the said sums of £ and 
 
 £ , cash in the bank' in the said cause, the aforesaid 
 
 accounts, (after payment of the said several creditors,) and 
 
 also out of the said sum of £ before directed to be 
 
 paid into the bank on the account of the personal estate, as 
 far as the same would extend, and that the residue of such 
 co,sts should be paid by thrf said C. S. out of the rents, prof- 
 its, and produce of the said testator's estate in the said 
 island of St. C. [and the usual directions were thereby given 
 for the said Accountant-General to draw on the bank for the 
 purposes aforesaid ;] And His Honor did continue the reser- 
 vation of any directions as to the question whether there 
 were any and what circumstances affecting the said testa- 
 tor's estate to make it proper any ways and how far to lessen 
 
 the two legacies of £ , each given by the said testator's 
 
 will to his two daughters the said E. B. and L. B. and also 
 
 •the annuities of £ sterling, given by the said will to the 
 
 said D. M. G., £ St. C.'s currency thereby given to 
 
 the said L. F. and also the two annuities of £ each 
 
 given by the first codicil to the testator's will to the said E. B. 
 and L. B. ; And His Honor did reserve the consideration of 
 any question that might arise between the creditors of the 
 
DECREES AND DECRETAL ORDERS. 545 
 
 said testator respecting the jewels and ornaments of the CH. iii. 
 person of the said testator's wife which she usually wore, 
 and of all further directions ; and any of the parties were 
 to be at liberty to apply to the Court as there should be 
 occasion. 
 
 XLI. Order directing a reference to the Master to inquire as to what part 
 of a testator's personal estate is out on securities, "frhich of them are 
 proper to be continued or called in, with directions given for the latter 
 purpose. 
 
 Let the Master inquire what part of the said testator's 
 estate is standing out upon securities and what debts are 
 owing to the said estate, and whether any and which of 
 them are proper to be called in or continued, and let such of 
 them as the Master shall find are proper to be continued be 
 continued accordingly, and let such of them as the Master 
 shall find are proper to be caUed in be called in with Ae ap- 
 probation of the said Master, and let the Master appoint a 
 proper person for that purpose, and make him a reasonable 
 allowance in respect thereof ; and if it shall be necessary to 
 put any of them in suit, let the same be put in suit accord- 
 ingly in the name of the defendant B. C. the executrix, and 
 let her be indemnified therein out of the said testator's estate. 
 
 XLII. Decree on further directions in the original cause, and on the hear- 
 ing of a supplemental suit ; the plaintiffs in the latter suit declared to be 
 entitled to the benefit of the proceedings in the original 'cause, and to 
 prosecute the same ; the accounts directed to be carried on from the foot 
 of the former accounts, and the executor to be charged with a legacy- 
 retained by him and allowed in the Master's general report ; the testator's 
 real estates declared to be subject to the payment of his simple-contract 
 debts, and the plaintiffs in the second suit declared to be creditors to the 
 amount of a sum of stock sold out by the testator, and an account directed 
 to be taken of the dividends which would have accrued due in case the 
 same had not been sold out ; construction of the will declared with regard 
 to a devise of certain estates not exceeding £3000 a year as being to the 
 separate use of a married woman for life (she having for some years been 
 separated from her husband) with remainder to her children in fee ; the 
 testator's shares in a theatre directed to be sold and the purchase-moneys 
 paid into the bank. The costs of all parties to be taxed as between solici- 
 tor and client, and directions given out of what funds the same were to 
 be paid. 
 
 46* 
 
546 EQUITY PRECEDENTS. 
 
 CII. III. '-The prayer of the original bill, the decree made at tlio original hear- 
 
 ing, the Master's general report, and the prayer of the supplenfiental hill 
 recited. 
 
 Thursday the 15th day of March, in the 8th 
 
 year of, &c. 1827. 
 Between G. Gooch, - - - Plaintiff, 
 and 
 J. Haworth and S. his wife, &c. 
 Defendants. 
 And between L. M. Mestaer, &c. infants, 
 all out of the jurisdiction of this Court, 
 at the Cape of Good Hope, by their next 
 friend, . - - - Plaintiffs, 
 and 
 G. G., J. H. and S. his wife, &c. 
 Defendants. 
 By original and supplemental bills. 
 
 The first-mentioned cause coming on on the 18th day of 
 April, 1820, to be heard and debated before the Eight Hon- 
 orable the Master of the Rolls, in the presence of counsel 
 learned on both sides, the scope of the plaintiff's bill ap- 
 peared to be, that the will of the said testator P. E. M. might 
 be established, and that the trusts thereof might be performed 
 and carried into execution by and under the direction and 
 decree of this Court, and that the rights and interests- of all 
 the parties entitled and interested under the .same, right be 
 , ascertained and declared, and that an account might be 
 
 taken of the said testator's fireehold and copyhold estates 
 devised by his will, and of the rents and profit's thereof, and 
 of the personal estate and effects of the said testator not 
 specifically bequeathed, and of the said testator's funeral and 
 testamentary expenses, and of his debts, and of the legacies 
 and annuities given, and bequeathed by his said will and codi- 
 cil, and which accounts the plaintiff was ready and willing 
 and thereby offered to come to in such manner as this Court 
 should direct, upon being indemnified and having all just 
 allowances made to him in taking of such accounts, and 
 that the said personal estate might be applied in payment of 
 the said funeral and testamentary expenses, debts, legacies, 
 and annuities in a due course of administration, and that 
 the clear residue (if any) might be ascertained and secured 
 
DECREES AND DECRETAL ORDERS. 547 
 
 for the benefit of the persons who should be declared to be CH. in. 
 entitled thereto ; and in case the said personal estate not 
 specifically bequeathed should be found insufficient to pay 
 the said funeral and testamentary expenses, debts, legacies, 
 and annuities, that the rents and profits of the said freehold 
 and copyhold estates might be applied in aid of the eaid 
 personal estate, and that the deficiency (if any) might be 
 supplied by the sale or mortgage of the whole or a compe- 
 tent part of the said freehold and copyhold estates, subject 
 to such mortgages or equitable liens as were then subsisting 
 therein, and that all proper parties might join in such sales, 
 and that the residue of such freehold and copyhold estates 
 (if any) and the surplus produce of the sales of such part as 
 should be sold might be ascertained, and might be conveyed 
 to or scGured for the benefit of such persons as should be 
 declared by the Court entitled thereto or interested therein ; 
 and that the plaintiff' might be authorized and directed either 
 to complete the ship on the stocks or to sell and dispose 
 thereof in its then present condition ; and that some proper 
 person or persons might be appointed to collect and receive 
 the rents and profits of the said testator's freehold, copyhold, 
 and leasehold estates, and also to collect and get in the debts 
 and outstanding personal estate of the said testator, and that 
 such. directions might be from time to time given for the 
 better collecting in and administering the estate of the said 
 testator as to this Court should seem fit ; and that the said 
 defendant S. H. might set forth a full, true, and just account 
 of all the personal estate and effects of the said testator come 
 to her possession or power, and in particular, a full, true, and 
 exact inventory of all the household goods, furniture, linen, 
 china, plate, jewels, and effects in the possession of the said 
 testator or in the said testator's dwelling-house, or known 
 at his decease, and that it inight be referred to one of the 
 Masters of this court to ascertain whether any and what part 
 of the said household furniture and effects were the separate 
 property of the said defendant ; and that in the mean time 
 the said defendant might be restrained by the injunction of 
 this Court from selling or disposing of the said household 
 goods, furniture, linen, china, plate, jewels and effects, or any 
 other part thereof, and from removing or permitting the same 
 or any part thereof to be removed from the said testator's 
 
548 EQUITY PEBCEDENTS. 
 
 CH. III. dwelling-'house or houses, or from the place or places where 
 the same then were ; Whereupon and upon debate of the 
 matter and hearing the will of P. E. M. dated the 2d day 
 of June, 1809, and the codicil thereto read, and what was 
 alleged by the counsel on both sides. His Honor did order 
 and decree that it should be referred to Mr. A. then one of 
 the Masters of this court, to take an account of the testator's 
 personal estate not specifically bequeathed come to the hands 
 of the plaintiff the executor, or any person or persons by his 
 order or for his use, and of such part of the personal estate 
 as had been sold, and of the outstanding personal estate ; 
 and the said Master was to distinguish such part of the said 
 personal estate as was specifically bequeathed ; And it was 
 ordered that the said Master should inquire whether any part 
 of the personal estate specifically bequeathed had been sold 
 by the plaintiff, and if any had been sold, It was ordered that 
 the said Master should inquire and certify the amount of the 
 produce thereof; And it was ordered that the said Master 
 should also take an account of the said testator's debts, fu- 
 neral expenses, legacies and annuities, and compute interest 
 on his debts carrying interest after such rate of interest as 
 they respectively carried, and on his legacies from the time 
 and at the rate directed by his will ; and where no time of 
 payment or rate of interest was directed, then at the rate of 
 £4c per cent, per annum from the end of one year after the 
 death of tTie testator; And the said Master was to cause 
 advertisements to be published in the London Gazette and 
 such other public papers as he should think proper, for the 
 creditors of the said testator to come in before him and 
 prove their debts, and he was to fix a peremptory day for 
 that purpose, and such of them as should not come in to 
 prove their debts by the time so to be limited were to be ex- 
 cluded the benefit of the said decree ; And it was ordered that 
 the said testator's personal estate not specifically bequeathed 
 should be applied in payment of his funeral expenses and 
 debts in a course of administration, and then in payment of 
 his legacies and annuities ; And it was ordered that the clear 
 residue thereof should be p,scertained ; And it was ordered ' 
 that the said Master should inquire and certify whether any 
 part of the household goods, furniture, hnen, china, plate, 
 jewels and effects in the possession of the said testator or in 
 
DECREES AND DECRETAL ORDERS. 549 
 
 and about his dwelling-houses at his decease, belonged to the CH. iii. 
 said defendant S. H. ; And it was ordered that the said Mas- 
 ter should inquire and certify whether the said defendant 
 J. E. M. was the heir-at-law of the said testator and whether 
 there was or were any and what other child or children of 
 the said defendant living at the decease of the said testator 
 besides the said defendant L. M. M. the daughter of the said 
 J. E. M. ; And it was ordered that the said Master should 
 inquire whether the said defendant L. M. M. or any of the 
 said children had or hath attained the age of twenty-one 
 years, and what age they had respectively attained, and 
 whether any and which of them had died, and whether any 
 and what child or children had been born to the said defend- 
 ant J. E. M. since the decease of the said testator. And it 
 was ordered that the said Master should inquire whether 
 any and what deed or instrument was entered into and exe- 
 cuted on the occasion of the separation of the said defendant 
 J. H. from the said defendant S. H. and whether notwith- 
 standing such deed or instrument the said defendant J. H. 
 had any and what claim or w:as entitled to any and what 
 part of the property and effects given or devised to the said 
 defendant S. H. by the will and codicil of the said testator 
 in his the said defendant's marital right or otherwise ; And 
 it was ordered that the receiver of the rents and profits of 
 the real and leasehold estates, and of the outstanding per- 
 sonal estate should be continued and pass his accounts 
 before the said Master ; And it was ordered that the said 
 Master in passing the said receiver's accounts should dis- 
 tinguish the accounts of the freehold from the accounts of 
 the leaseholds, and distinguish the accounts of such part of 
 the said testator's real and leasehold estates as was specifi- 
 cally devised by his will ; And it was ordered that the said 
 Master should inquire whether any and what sum of money 
 had been paid by the said plaintiff and the said receiver or 
 either of them in the reparation of or relating to the said 
 estate specifically devised ;, And the said Master was to be 
 at liberty to make a separate report or reports of any or 
 either of the matters aforesaid as he should think proper, 
 and for the better taking the several accounts and discovery 
 of the matters aforesaid, the parties were to produce before 
 the said Master upon oath all papers and writings in their 
 custody or power relating to the matters aforesaid, and were 
 
550 EQUITY PRECEDENTS. 
 
 CH. m. to be examined upon interrogatories as the said Master 
 should direct, who in taking of the said accounts was to 
 make unto the parties all just allowances; And it was or-, 
 dered that the said Master should tax the costs of the said 
 suit of all the parties to that time, the costs of the plaintiff 
 to be taxed as between solicitor and client ; And it was or- 
 dered that the said Master should inquire whether any and 
 what costs, charges, and expenses had been properly incurred 
 by the said plaintiff as executor and trustee of the said tes- 
 tator's will in the execution and performance of the trusts of 
 the said testator's will, or otherwise relating to the said tes- 
 tator's affairs ; And His Honor did reserve the payment 
 thereof, and also the consideration of all further directions 
 and of the subsequent costs of this suit until after the said 
 Master should have made his general report ; And the parties 
 were to be at liberty to exhibit an interrogatory in the Mas- 
 ter's office and examine witnesses thereon to prove the will 
 of the testator as to his real estate ; And any of the parties 
 were to be at liberty to apply to this Court as there should 
 be occasion ; That in pursuance of the said decree the said 
 Master made his report dated the 6th day of December 1824 
 which stands absolutely confirmed, and thereby certified that 
 he found that all the creditors of the said testator named in 
 the several reports thereinbefore mentioned had subsequently 
 been paid the several sums reported due to them out of a 
 sum of ^9115 in manner directed by an order of the 30th 
 day of July 1822, but a claim had been laid before him on 
 behalf of the defendant J. B. M. and his children, the plain- 
 tiffs in the second mentioned cause, being the claim hereinafter 
 mentioned, in respect of the trust funds sold out by the said 
 testator as hereinafter stated; And the said Master after 
 stating the will and codicil of P. M. the father of the defend- 
 ant J. E. M. and of the said testator P. B. M. certified that 
 it appears that the said P. M. died in January 1791, being at 
 the time of his decease possessed of £100 per ajnnum consoli- 
 dated long annuities standing in the books of * he Governor 
 and Company of the Bank of Bngland in his own name; 
 And that the will was proved by the said P. E. M. and J. M. 
 in the Prerogative Court of Canterbury on the 5th day of 
 February 1791, and that the said J. M. died leaving the said 
 testator P. B. M. him surviving, and that the said testator P. 
 E. M. received the dividends which became due on the said 
 
•DECHEES AND DECRETAL ORDERS. 551 
 
 long annuities up to the 10th day of October 1801, and after- CH. in. 
 ■wards departed this life on the 6th day of February 1819, 
 haying by his will appointed the .said plaintiffs G. G. and R. 
 P. and W. L. his executors, and that in pursuance of an act 
 of parliament passed in the 56th year of the reign of his late 
 Majesty King George the Third, intituled " An act to au- 
 " thorize the transferring stock upon which dividends shall 
 " remain unclaimed for the space of at least ten years at the 
 " Bank of England,, and also all lottery prizes, or benefits, or 
 " balances, or sums issued for paying the principal of stocks 
 " or annuities which shall not have been demanded for the 
 " same period, to the commissioners for the reduction of the 
 "national debt," the said £100 per annum consolidated long 
 annuities were transferred out of the name of the said P. M. 
 or otherwise in pursuance of the said act appropriated to the 
 account of the commissioners for the reduction of the na- 
 tional debt, together with the amount of the dividends which 
 accrued due thereon from the said 10th day of October 1801 
 inclusive, and that there became due for dividends on the 
 said annuities up to and inclusively of the 5th day of April 
 1823, the sum of .£2150, being for forty-three half-yearly divi- 
 dends thereon ; and that by an order made in the matter of 
 the said act of parliament on the 29th day of November 
 1822, It was referred to Mr. J. lately one of the Masters of 
 this Honorable Court, to inquire and state to the Court what 
 bank long annuities which were standing in the name of the 
 said P. M. in the books of the Governor and Company of 
 the Bank of England had been transferred into the names of 
 the commissioners for the reduction of the national debt un- 
 der and by virtue of the said act of parliament, and what 
 was due and unreceived for dividends in respect of the said 
 bank long annuities ; And also to inquire and state to the 
 Court who was or were beneficially entitled to the said bank 
 long annuities and the interest due and unreceived thereon, 
 and in what shares and proportions ; And that in pursuance 
 of the said order Mr. T. the successor of the said Master J. 
 
 made his report bearing date the day of 1823, 
 
 and thereby certified that he was of opinion that the said 
 £100 per annum consolidated long annuities standing in the 
 name of the said P. M. which had been transferred into the 
 name of the said commissions for the reduction of the na- 
 tional debt by virtue of the said act of parliament, belonged 
 
652 EQUITY PRECEDENTS. 
 
 CH. III. to the said P. M. deceased, and that the same passed under 
 the will of the said P. M. to the said testator P. E. M. as his 
 residuary legatee, and that the same, together with the sum 
 of £2150 being the amount of forty-three half-yearly divi- 
 dends upon the said long annuities from the 5th day of April 
 1802 to the said 5th day of April last inclusive, then formed 
 part of the outstanding personal estate of the said testator P. 
 E. M., and that he was further of opinion that the said G. G. 
 as executor of the said P. E. M. deceased, was beneficially 
 entitled to the said consolidated long annuities, and that the 
 same ought to be transferred by the said G. G. into the name 
 of the Accountant- General of this court, in trust in this cause, 
 and that the sum of £2150 accrued for dividends thereon ought 
 to be paid to the said C. T. the person appointed to collect and 
 get in the outstanding personal estate of the said testator P. 
 E. M., to be disposed of by him under the order and direc- 
 tion of this Court ; And the said Master W. by his said re- 
 port of the day of 1824, found that by an 
 
 order dated the day of 1823, It was ordered 
 
 that the report of the said Master T. should be absolutely 
 confirmed ; And it was further ordered that the secretary or 
 deputy secretary of the Governor and Company of the Bank 
 of England should transfer unto the Accountant-General of 
 this court in trust in this cause, the said sum of £100 per 
 annum consolidated long annuities theretofore standing in 
 the name of the said P. M. and since transferred into the 
 names of the commissioners for the reduction of the na- 
 tional debt ; And it was further ordered that the said sum of 
 £2150, being the amount of the dividends accrued upon the 
 said consolidated long annuities up to and inclusive of the 
 5th day of April 1823, should be paid unto the said receiver 
 C. T. ; And it was referred to the said Master T. to tax and 
 settle the costs incurred by the said commissioners for the 
 reduction of the national debt, and also by his Majesty's 
 Attorney-General by the said plaintiff" G. G. in the said matter, 
 and that the said costs when taxed should be paid by the said 
 C. T. out of the said sum of £2150, and that the residue of 
 the said sum of £2150 should be applied and disposed of by 
 the said C. T. as such receiver as aforesaid under the direc- 
 tion of this Honorable Court ; And he found that the said 
 £100 per annum consolidated long annuities were transferred 
 into the name of the Accountant-General of this court in 
 
DECREES AND DECRETAL ORDERS. 553 
 
 trust in this cause on the day of 1823, and that CH. iii. 
 
 the said long annuities were then standing in the name of 
 •the said Accountant- General in trust in this cause; And he 
 further found that the said C. T. as such receiver as afore- 
 said o^ the 14th day of August 1823 received the sum of 
 £2025, being the said sum of £2150 dividends accrued due 
 on the said consolidated long annuities up to and inclusive 
 of the dividends due on the 5th day of April last [after 
 allowing thereout for property, tax, and costs,] and which said 
 sum of £2025 was included in the said C. T.'s fifth account 
 as receiver of the outstanding personal estate of the said 
 testator ; And he further certified that undei* the circum- 
 stances aforesaid he had at the request of the solicitor for the 
 said defendant J. E. M. thought fit to state those circum- 
 stances for the judgment of the Court ; And he further certi- 
 fied that a statement on the part of the said plaintiff G. G. had 
 been laid before him, whereby it appeared that on or about the 
 10th day of January 1817, G. E. since deceased filed his bill 
 in this court against the said testator, setting forth the bond 
 of the said testator bearing date the 1st day of March 1805, 
 whereby the said testator became bound unto the said G. E. 
 in the penal 'sum of £10,000 with a condition for making 
 the same void on payment of £5000 and interest at the 
 times thereinafter mjentioned, and also setting forth certain 
 indentures of lease and release dated respectively the 28th 
 day of February and the 1st day of March 1805, and 
 made between the said testator of the one part and the said 
 G. E. of the other part, by which indenture of release in con- 
 sideration of £5000 therein expressed to be paid to the said 
 testator by the said G. E., he the said testator did convey a 
 certain dock-yard and several messuages, tenements, or 
 dwelling-houses situate at R., in the county of S., part of the 
 real estate of the said testator, and comprising the whole of 
 his R. estate unto and to the use of the said G. E. his heirs 
 and assigns forever, subject to redempticJn on payment by 
 the said testator to the said G. E. of the said sum of £5000 
 with interest at £5 per cent, per annum on the 1st day of 
 March, 1806, and praying that an account might be taken 
 by one of the Masters of this court of what was due to the 
 said G. E. for principal and interest on his said security, and 
 that the said testaitor might be decreed to pay to the said G. 
 47 
 
554 EQUITY PRECEDENTS. 
 
 CH. III. E. what should be so found due, and in default thereof that 
 the said testator might be foreclosed from all equity of re- 
 demption in the same premises ; And that the said testator 
 filed a cross-bill against the said G. E. and thereby prayed 
 that he the said testator might be let in to redeem the said 
 mortgaged premises, and that an account might be taken of 
 the principal and interest secured by the said mortgage, and 
 of all sums paid or advanced by the said testator to or for 
 the use of the said G. E. on account of the said mortgage ; 
 And in case it should appear that the said G. E. had been 
 overpaid the amount of what was due to him in respect of 
 his said mortgage, then that he might be decreed to repay to 
 the said testator so much money as it should be found he 
 had been overpaid, and that the said G. E. might be decreed 
 to reconvey to the said testator and to deliver up the said 
 indentures of lease, and release, and bond, together with six 
 several bills of exchange in the said cross-bill mentioned ; 
 And that after the death of the said testator the said G. E. 
 filed his bill of revivor against the plaintiff G. G., and that 
 afterwards the said G. E. died, having appointed A. H. C. 
 and W. H. executors of , his will, and that since the death of 
 the said G. E. his said executors had filed their bill of revi- 
 vor and supplement against the said plaintiff G. G. and J. 
 R. of, &c. Esquire, who under and by virtue of certain in- 
 dentures of lease and release, bearing date the 27th and 28th 
 days of November, 1818, made between the said testator of 
 the one part and the said J. R. of the other part was a mort- 
 gage of the same premises for the sum of £8000 and interest 
 at £5 per cent, per annum ; And the said Master further 
 found that the said G. G. put in his answer to the said last- 
 mentioned bill, and that the said suits and proceedings were 
 then pending, but the sum of £3000 had been paid to the 
 
 said J. R. under an order made in this cause on the 
 
 day of , 1824, out of the outstanding personal estate 
 
 of the said testator* in part discharge of the said principal 
 sum of £8000, and that the said interest on the remaining 
 principal sum of £5000 had been paid up to the 28th day of 
 November, 1824, out of the rents and profits of the said tes- 
 tator's real estate ; And as to the directions in the said de- 
 cree that his predecessor should take an account of the' said 
 testator's legacies and annuities and compute interest on his 
 legacies from the time and at the rate directed by his will, 
 
DECREES AND DECRETAL ORDERS. 555 
 
 and where no time of payment or rate of interest was cii. iii. 
 directed then at the rate of £4 per cent, per annum from the 
 end of one year after the death of the said testator, the said 
 Master W. by his report found that the plaintiff G. G. had 
 retained his said legacy of ,£500 out of the personal estate 
 of the said testator, and that he had been allowed the same 
 in his accounts of the said testator's personal estate come 
 to his hands ; And as to the bequests given by the said tes- 
 tator's will, he found that the,sum of £4666 was then due to 
 the defendant J. E. M. for arrears of the^aforesaid annuity of 
 £800 given to him for his life, such arrears being computed 
 
 from the day of , 1819, the day of the death 
 
 of the said testator, unto the day of , 1824, 
 
 being the date of his said report ; and that the sum of £466 
 was- due to the defendant F. M. P. late F. M. M. but then 
 the wife of the defendant J. P. for arrears and interest of the 
 aforesaid sum of £2000 bequeathed in manner aforesaid, 
 such arrears being computed for the same period and at the 
 rate of £4 per cent, per annum ; and that the like sum of 
 £446 was due to the defendant E. E. M. A. widow, late E. 
 E. M. M. for arrears of interest bequeathed as aforesaid in 
 respect of the aforesaid sum of £2000, such arrears being 
 also computed for the period and at the rate aforesaid ; and 
 that the several sums aforesaid particularly set forth in the 
 tast schedule to his said report and amounting together to 
 the sum of £620 then remained dae to the several other 
 legatees in the testator's will and in the first schedule named, 
 for the principal of their respective legacies, and for interest 
 thereon computed at £4 per cent, per annum from the 7th 
 day of February 1820 (being one year after the deatji of the 
 testator) unto the 5th day, of December 1824 ; And as to the 
 aforesaid bequest of £3000 per annum to the defendant S. 
 H. for her life, and after her decease for the benefit of the 
 children of the defendant J. E. M., he had not proceeded to 
 take any account thereof, being of opinion that no such 
 account could be taken until this Court should have declared 
 the right and interests of the defendant S. H. under and by 
 virtue of the testator's will ; And as to the direction in the said 
 decree that his predecessors should inquire whether any part 
 of the household goods, furniture, linen, china, plate, jewels, 
 and effects in the possession of th6 testator or in or about 
 his dwelling-house at his decease belonged to S. H., he found 
 
556 EQUITY PRECEDENTS. 
 
 CH. HI. that by an order dated the day of 1820, on 
 
 the application of the said defendant S. H., it was ordered 
 that the plaintiff should be at liberty to deliver to the said 
 defendant S. H. the keys of the iron chests in the petition 
 mentioned containing the jewels and plate, and that she 
 should sign an inventory of such jewels and plate and a re- 
 ceipt for the same ; And he found that in pursuance of the 
 said order the said keys were delivered to the said defendant 
 
 S. H. on the day of 1820, and that she signed 
 
 an inventory and receipt for the same which was then in the 
 hands of the said plaintiff; And as to the other part of the 
 effects in question, he found that by his predecessor's said 
 separate report of the 19th day of June, 1821, the said plain- 
 tiff had with the consent of the said defendant S. H. sold 
 twelve horses and several cows specifically bequeathed to 
 her for several sums of money amounting together to the 
 said sum of £974 which was received by the plaintiff, and 
 was included in the sum which his predecessor charged him 
 in and by his said separate report ; And he found that the 
 clear residue of the said testator's personal estate subject to 
 the payment of the residue of the said mortgage-debt of 
 £8000 to the said J. R. and also to the said claim of the ex- 
 ecutors of the said G. E., and also subject to the claim of the 
 said J. E. M. and "his children in respect of the sale of the 
 said £6666 bank 3 per cent, annuities, consist of the follow- 
 ing particulars ; in the name of the Accountant- General of 
 this court in trust in this cause the sum of £100 per annum 
 consolidated long annuities, and the sum of £100 cash arisen 
 
 from interest thereon up to the day of 1824 
 
 inclusive, also the sum of £124 cash remaining in the bank 
 on the credit of this cause being the balance of personal 
 estate paid into court after payment thereout of the debts 
 found due to the creditors of the said testator as thereinbe- 
 fore mentioned and of the costs of the said suit- paid thereout 
 as aforesaid, also of two Drury-Lane shares of small value, 
 also of five River-Lea shares amounting to £500 which were 
 deposited by the testator in the hands of R. "W. of, &c. as 
 security for payment of a balance of £500 and upwards due 
 to him from the said testator and still continue in his hands, 
 also of the several outstanding debts remaining due to the 
 said testator's estate, and an unliquidated claim made by 
 the said receiver upon the Columbian Government amount- 
 
DBCUEBS AND DECRETAL ORDERS. 55T 
 
 ing to £7000, but which claim hath not been admitted by CH. m. 
 the said Government, and doth also consist of a leasehold 
 public house situate at W. let at the yearly rent of £30, and 
 which was held by the said testator by lease granted by I. 
 Earl T. deceased to the said P. M. deceased, the father of the 
 said testator, at a ground rent of £1 10s. per annum, and 
 which lease would expire at Lady-day, 1833 ; And as to the 
 direction in the said decree that his predecessor should in- 
 quire whether the said defendant J. E. M. was the hei]--at- 
 law of the said testator, he certified that having made the 
 said inquiry he found that the said testator the said P. E. 
 M. died a bachelor, leaving the said defendant J. E. M. his 
 only brother and heir-at-law him surviving ; And as to the 
 inquiry "respecting the children of the said defendant J. E. M. 
 he found his predecessor had made the separate report 
 
 hereinbefore mentioned bearing date the day of 
 
 1823 ; And as to the direction in the said decree 
 
 that his predecessor should inquire whether any and what 
 deed or instrument was entered into and executed on the 
 occasion of the separation of the said defendant J. H. from 
 the said defendant S. H., and whether notwithstanding 
 such deed or instrument the said defendant J. H. had any 
 and what claim or was entitled to any and what part of 
 the property and effects given or devised to the said de- 
 fendant S. H. by the will and codicil of the said testator 
 in the said defendant's marital right or otherwise, he found 
 that by an affidavit of the said J. H. made in the said 
 cause on the 25th day of July 1823, he made out that he 
 had not then 'in his custody or possession or power the deed 
 of separation made between him the said defendant J. H. and 
 the said defendant S. H., nor did he know in whose custody, 
 possession, or power the same was; And the said Master 
 certified that the said defendant S. H. by an affidavit made 
 before him in the said cause on the 5th day of March, 1824, 
 made out that a deed was executed on the occasion of her 
 separation from, the said defendant J. H. in or about the 
 'month of April, 1797 ; and that one part of such deed was 
 delivered to her and remained with her until the month of Sep- 
 tember, 1820, or thei'eabouts, when at the request of T. H. who 
 then acted as her solicitor in this cause she delivered the same 
 to him for the purpose as he represented to her of laying the 
 
558 EQUITY PEBCEDBjSfTS. 
 
 OH. III. same before his the said Master's predecessor, and further 
 that she had caused numerous applications to be made to the 
 said T. H. for the said deed without being able to obtain the 
 same, he the said T. H. stating that the said deed was lost, 
 upon consideration of which several matters the said Master 
 found that a deed was entered into and executed on the oc- 
 casion of the said separation between the said defendant, but 
 the same not having been produced to him, and no evidence 
 given as to the provisions of the said deed, he was not able 
 to give any opinion how far the rights of the said parties 
 were affected thereby ; And as to the direction that the said 
 receiver of the rents and profits of the real and leasehold es- 
 tates and of the outstanding personal estate should be con- 
 tinued and pass his accounts before his predecessor, and that 
 in passing the said receiver's accounts he should distinguish 
 the accounts of the freehold from the accounts of leasehold, 
 and distinguish the accounts of such part of the said testator's, 
 real and leasehold estate as was specifically bequeathed by his 
 will, he certified that the said receiver had passed his said ac- 
 counts as to the said real estate up to Christmas in 1823 as 
 
 appears by his said report bearing date the day of 
 
 1824 ; and that under an order of the day of 1823, 
 
 and his certificate bearing date the day of 1824, he 
 
 paid the said balance of the said account amounting to the sum 
 of £186 unto the said defendant S. H. on the said 4th day of 
 June, and as to the said personal estate that he had passed his 
 
 account up to the day of 1824, as appeared by his 
 
 report bearing date the day of 1824, and had under 
 
 an order bearing date the day of 1824, paid the 
 
 balance of the said accourits to J. U. hereinbefore mention- 
 ed, and he certified that in passing the said accounts he 
 distinguished the same in the manner directed by the said 
 order ; And as to the direction in the said decree that his pred- 
 ecessor should inquire whether any and what sums of mon- 
 ey had been paid by the said plaintiff and the said receiver 
 or either of them in the reparation or othe'rwise relating to 
 the said estate specifically devised, he found that his pred- 
 ecessor had included the same in the separate report of the 
 
 day of 1821, hereinbefore mentioned ; and that 
 
 his predecessor had taxed the costs of the said suit and of all 
 parties to the time of making the said order, and made a sep- 
 arate report thereof, which bore date tha day of 
 
DECREES AND DECIIETAL ORDERS. 559 
 
 1821, and that the said costs were paid under the said order ^^JH."- 
 
 of the day of 1821 ; And he further found that 
 
 in pursuance of another order bearing date the 30th day 
 of July, 1822, his predecessor taxed the subsequent costs of 
 all the parties at the time of making the said order as between 
 solicitor and client, and made a separate report thereof which 
 bore date the 6th day of August, 1823, and that the said 
 costs had been since paid under an order bearing date the 25th 
 day of July, 1823 ; And as to the direction in the said decree 
 that his predecessor should inquire whether any and what 
 costs, charges, and expenses had been properly incurred by 
 the said plaintiff as executor and trustee of the said testator's 
 will in the execution and performance of the trusts of the 
 said will or otherwise relating to the said testator's affairs, he 
 certified that having made the said inquiry he found that the 
 said plaintiff had incurred certain costs in the said suit insti- 
 tuted by the said A. H. C. and W. H. as executors of the said 
 G. E. against him the said plaintiff amounting to the sum of 
 £38, and also certain costs amounting to <£41 in defending 
 an action brought by J. P. against the plaintiff as executor 
 of the said testator to recover a debt which had previously 
 been rejected by the said Master W.'s predecessor, and also 
 certain other costs amounting to £70 in defending an action 
 brought by J. L. against the said plaintiff as executor of the 
 said testator to recover another debt which had previously 
 also been rejected by his predecessor, and also certain charges 
 amounting to £49 for various business relating to the said 
 testator's estate transacted by the solicitors of the said plain- 
 tiff from August 1820 to March last past, and which said 
 several costs, charges, and expenses amounted together to the 
 sum of £200 ; and he found that the said plaintiff exclusive 
 of the above costs and charges had also incurred costs in a 
 suit instituted by or oh behalf of E. J. A. widow against the 
 said plaintiff as executor of the said testator, but which suit 
 was dismissed, and the costs of the said plaintiff were ordered 
 to be paid by the said E. J. A., but which have not yet been 
 paid ; And the said cause coming on the 14th instant and on 
 this present day to be heard for further directions and costs, 
 in the presence of counsel learned on both sides, and the sec- 
 ond mentioned cause coming onto be heard at the same time 
 in the presence of counsel learned on both sides. The sub- 
 stance of the said bill, after stating the said decree and report 
 
560 EQUITY PRECEDENTS. 
 
 CH^lli^ in the said first mentioned cause, appeared to be, that P, E. 
 M. being at the respective times of making his will and of 
 his death, seised of divers freehold and copyhold estates, and 
 being at the time of his death possessed of or entitled to a 
 considerable personal estate and effects, and being a trader 
 within the true intent and meaning of the laws relating to 
 
 bankrupts, did make and publish his will bearing date , 
 
 which was signed by him and attested in such manner as by 
 . law is required for passing freehold estates, and was in the 
 words and figures or to the import and effect following : (The 
 bill after stating the will, the particulars of the testator's prop- 
 erty, and various petitions, orders, and reports, proceeded 
 thus :) That in pursuance of the said order the said J. L. has 
 been duly appointed receiver of the rents and profits of the 
 freehold, copyhold, and leasehold estates, [in the place of C. 
 T. the former receiver deceased] and S. M. S. has been duly 
 appointed receiver of the outstanding personal estate and 
 effects, and tiiat the executors of the said C. T, the late re- 
 ceiver have duly passed his last accounts of the rents and 
 profits and also of the personal estate and effects, and have 
 paid the balance appearing due on account of the rents and 
 profits to the said S. H. pursuant to the order of this Court, 
 and have paid the balance appearing due on account of the 
 personal estate and effects with the privity of the Accountant- 
 General to the credit of the said suit under the order of this 
 Court ; That being entitled to a beneficial interest undeir the 
 said will of the said testator P. E. M., the plaintiffs are, as 
 they humbly submit, entitled to have the benefit of the said 
 decree, orders, reports, and proceedings in the said cause, and 
 to have their rights and interests ascertained and secured by 
 and under the direction and decree of this Court ; That the 
 plaintiffs are, as they humbly submit, entitled to have the said 
 trust fund or sum of £6666 3 per cent, consolidated bank an- 
 nuities which was appropriated by the said testator P. E. M. 
 out of the assets of the said testator P. M. to answer the said 
 annuity of £2000 bequeathed by the said testator P. M. to 
 the said P. E. M. and the plaintiffs, which was afterwards 
 sold out by the said testator P. E. M. as aforesaid, raised and 
 secured for the benefit of the plaintiffs ; and that the said sum 
 of £100 per annum long annuities, part of the assets of the 
 said P. M., which has been transferred into and now stands in 
 the name of the Accountant-General in trust in this cause. 
 
DECREES AND DECRETAL ORDERS. 661 
 
 and that the said sum of ^2050 being the dividends thereof ^ H. in. 
 up to the 5th day of April, 1823, received by the said C. T. 
 the late receiver as aforesaid, and the subsequent dividends 
 which have since accrued due thereon ought to be applied in 
 the first placQ towards raising the said trust fund or sum of 
 j£6666 bank annuities, and that the deficiency ought to be 
 raised out of the estate and effects of the said testator P. E. 
 M. ; And the plaintiffs charge that the said sum of £2050 
 having been applied towards payment of the said sum of 
 i£3000to the said J. R. as aforesaid, the plaintiffs are entitled 
 to stand in the place of the said J. R. as creditors upon the 
 said mortgage estate for the sum of ,£2050 and the interest 
 thereof, and the said defendant S. H. claims to be entitled by 
 virtue of the said will of the said testator P. E. M. to some 
 part of the said testator's real and personal estate absolutely, 
 or in all events to some interest .greater than a life estate 
 therein, and the plaintiffs charge and humbly submit that ac- 
 cording to the true construction of the said will of the said tes- 
 tator P. E. M. the said defendant S. H. is entitled only for her 
 life to the yearly rent or sum of .£'3000 by and out of the 
 annual income of the real and personal estates of the said 
 testator if such income shall be sufficient for that purpose, 
 and that subject to such yearly rent or sum of X3000 or to 
 so much thereof as shall be produced by the annual in- 
 come of the said real and personal estate, the same belongs 
 to the plaintiffs the children of the said P. E. M. in equal 
 shares ; Therefore that the defendants in the second men- 
 tioned cause might answer the matters aforesaid ; And that 
 they might have the benefit of the said suit, decree, decretal 
 orders, report and proceedings in such manner as this Court 
 shall direct, and might be at liberty to prosecute the same ; 
 And that the rights and interests of the plaintiffs under the 
 will and codicil of the said testator P. E. M. might be ascer- 
 tained and declared and secured for the benefit of the plain- 
 tiffs, subject to raising and paying of the said trust fund or 
 sum of £6666 3 per cent, consolidated bank annuities ; And 
 that it might be declared that the plaintiffs are entitled to 
 have the said trust fund or sum of £6666 3 per cent, bank 
 annuities raised and secured for their benefit ; And that the 
 said sura of £100, per annum long annuities standing in the 
 name of the said Accountant- General in trust in the said cause 
 of Gooch V. Haworth, and the said sum of £2050, the divi- 
 
562 EQUITY PRECEDENTS. 
 
 CH. III. dends thereof received by the said late receiver C. T. and 
 the subsequent dividends of the said long annuities, ought 
 to be applied towards raising the said sum of ^6666 bank 
 annuities, and that the deficiency might be raised out of the 
 estate and. effects of the said testator P. E. M., and that the • 
 said long annuities the sum of ^£2050 and subsequent divi- 
 dends might be applied accordingly ; And that the deficiency 
 might be raised accordingly out of the real and personal, 
 estate and effects of the said P. E. M. and that for that pur- 
 pose it might be declared that the said P. E. M. was at the 
 time of his death a trader within the true intent and mean- 
 ing of the laws relating to bankrupts ; And that it might be 
 declared that the plaintiffs are entitled to stand in the place 
 of the said J. R. as creditors upon the said mortgaged estate 
 for the said sum of £2050, part of the said sum of £3000 
 paid to him as aforesaid and the interest thereof, and that 
 the plaintiffs might have the benefit of the said mortgage 
 security accordingly ; And to be relieved is the scope of the 
 plaintiff's bill in the second mentioned cause ; Whereto the 
 counsel for the defendant S. H. alleged that, &c. [stating- the 
 substance of the answers' of the several defendants ;] Where- 
 upon and upon debate of the matter and hearing the decree 
 dated the 18th day of April, 1820, the report dated the 6th 
 day of December, 1824, an exhibit marked ( A), being the 
 will of P. E. M. the codicil thereto, and the proofs, taken in 
 these causes read, and what was alleged by the counsel on 
 both sides, This Court doth decree that the plaintiffs in 
 the cause of Mestaer v. Gooch are entitled to the benefit of 
 the proceedings in the original cause Gooch v. Haworth, 
 and doth order that they be at liberty to prosecute the same 
 as parties thereto ; And it is ordered that it be referred back 
 to the Master to carry on the account of the testator's per- ' 
 sonal estate from the foot of his report dated the 6th day of 
 December, 1824 ; and this Court doth reserve any question | 
 as to the application of the specific legacies given by the 
 will of the testator P. E. M. to the payment of the said tes- , 
 tator's debts ; And it is ordered that the said Master do \ 
 carry on the account of the defendant G. G. fi-om the foot of 
 his last account, and therein charge him with the sum of 
 £500 allowed to him in the schedule to the said Master's 
 report dated the 19th day of June, 1821, on account of his 
 legacy under the said testator's will ; And this Court doth 
 
L., DECREES AND DECRETAL ORDERS. 563 
 
 geclare the will of the testator P. E. M. well proved and CH. iii. 
 doth declare that the said testator having been a trader at 
 the time of his death, his freehold estates are liable to the 
 vgayment of his simple-contract debts in case of a deficiency ' 
 of his personal estate, and that J. E. M. and L. M. M. and 
 P. M., J. E. M. and M. M. infants, his children, are to be 
 considered as creditors on the estate of the said P. E. M. to 
 the amount of ,£6666 bank annuities ; And it is ordered that 
 the said Master do take an account of what is due under or 
 Vy virtue of the indenture of mortgage made to J. R. in the 
 Master's report mentioned ; And this Court doth declare that 
 
 the testator's copyhold estate at and all the freehold 
 
 and copyhold estate of the said testator not exceeding £3000 
 per annum, are well devised to the defendant S. H. for her 
 life for her separate use, with remainder to the children of 
 the defendant J. E. M. as tenants in common in fee, and 
 are not subject to the legacies given by the said testator's 
 will ; And it is ordered that the said Master do take an 
 account of what is now due to the estate of the said testator 
 P. E. M. under the indenture of the 31st day of December, 
 1796, in the pleadings of this cause mentioned ; And it is 
 ordered that the said Master do make an account of the 
 dividends which would have accrued due in respect of the 
 £6666 bank 3 per cent, annuities, in case the same had not 
 been sold out ; And it is ordered that the said testator's 
 shares in the Theatre Eoyal Drury Lane be sold by some 
 proper person to be approved of by the said Master to the 
 best purchaser or purchasers that can be got for the same, to 
 be allowed of by the said Master, wherein all proper parties 
 are to join as the Master shall direct; and in order to such 
 sale. It is ordered that all deeds and writings in the custody 
 'or power of any of the parties be produced before the Mas- 
 ter upon oath ; And it is ordered that the moneys to arise 
 by such sale, the amount thereof to be verified by affidavit, 
 be paid into the bank with the privity of the Accountant- 
 General of this court, to the credit of the said cause, Gooch 
 V, Haworth, subject to the further order of the Court ; And it 
 is ordered thsit the receiver of the rents appointed in the 
 cause of Gooch v. Haworth of -the said testator's freehold 
 and copyhold and leasehold estates be continued and pass 
 his accounts before the Master, and pay the balances to be 
 reported due from him according to the order of the 28th 
 
564 EQUITY PRECEDENTS. ii 
 
 i 
 CH. III. day of May, 1823 ; And it is ordered that the person a^ 
 
 pointed to collect and get in the said testator's personal 
 estate be continued and pass his accounts, and pay the 
 balance to be reported due from him into the bank with the 
 privity of the said Accountant-General to the credit of the 
 cause, Gooch v. Haworth, subject to the further order of the 
 Court ; And it is ordered that the said Master do tax th| 
 costs of these suits of all parties to this time as betwee 
 solicitor and client ; And it is ordered that the said Master 
 be at liberty to make a separate report thereof, and also 
 separate reports of any other of the matters hereby referre|| 
 to him as he shall think fit ; And it is ordered that such costs 
 when taxed, and also the sum of £200 the amount of the 
 costs, charges, and • expenses found by the said Master's 
 report of the 6th day of December, 1824, to have beam 
 incurred by the plaintiff G. G. be paid out of the said surni 
 of £150, part of the sum of £358 cash, on the credit of the 
 cause Gooch v. Haworth, and out of any other cash which 
 may remain on the credit of the same cause ; and in case- 
 such cash shall not be sufficient. It is ordered that so much of 
 the £3805 bank 3 per cent, annuities standing in the name of 
 the Accountant-General of this court in trust in the same 
 cause, as will with the said sum of £150 cash raise the 
 amount of such costs when taxed and the said sum of 
 £200 be sold with the privity of the said Accountant-Gen- 
 eral, and one of the cashiers of the bank is to have notice 
 and receive the money to arise by such sale, who upon 
 receipt thereof is to pay the same into the bank with the 
 privity of the said Accountant General, to be there placed to 
 the credit gf the said cause ; And out of the money to arisei 
 by such sale and such cash. It is ordered that such costs 
 when taxed, and also the said sum of £200, the amount of 
 the costs, charges and expenses found by the said Master'^ 
 report of the 6th day of December, 1824, to have bee^ 
 incurred by the said plaintiff G. G. be paid in manner fol- 
 lowing, viz. &c. &c. ^ 
 And for the purposes aforesaid the said Accountant^ 
 General is to draw on the bank according to the form pre- " 
 scribed by the act of parliament, and the general rules and 
 orders of this Court in that ca«e made and provided ; And 
 any of the parties are to be at liberty to apply to this Court 
 as there shall be occasion.