UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ^v THE equity Braftsman; COLLECTION OF PRECEDENTS, DRAWN BY SOME OF THE LEADING MEN AT THE EQUITY BAR : CONTAINING B!MS OF EVERY KIND. WORDS OF COURSE NECESSARY TO ALL KINDS OF PLEADINGS, ETC. ANSWERS. DEMURRERS. PLEAS. DISCLAIMERS. INFORMATIONS, PETITIONS. INTERROGATORIES UPON NUMER- OUS AND VARIOUS SUBJECTS. ORDERS. AFFIDAVITS. DECREES. SELECTED By Mr. F. VAN HEYTHUYSEN, BARRISTER-AT-LAW, AND EftUITY DRAFTSMAK. AND ARRANGED SO AS TO FORM A COMPANION TO MITFORD's PLEADINGS, "WITH A COPIOUS DIGESTED INDEX. LONDON : Printed by S. Brooke, Paternoster-Row, AND SOLD BY MESSRS. BUTTERWORTII AND SON, FLEET-STREET; CLARKE AND SONS, PORTUGAL-STREET; R. PHENEY, INNER temple-lane; S. sweet, chancery-lane ; AND C. HUNTER, BELL-YARD, UNCOLn's-INN. 1816, T fe PREFACE. L HE materials, from which the following- sheets are com- posed, were collected by the editor in the com'se of his exertions to g-ain a competent knowledge of equity-draw- ing: in endeavouring to accomplish this desirable end, it has been his good fortune to acquire a valuable body of Precedents, suited to every branch of equity-pleading; and having been in the habit of lending them to his friends, who were going through a course of study for the equity- bar, great inconvenience has arisen from his being so often without the necessary forms to refer to, in the course of his professional avocations. To remedy this, and at the same time to afford his friends and the profession at large, an opportunity of participating in the benefits they may yield, he has been induced to make a selection for publi- cation, and which, it is hoped, will prove useful to gentle- men at the Equity-Bar. PRINCIPAL lS395t PRINCIPAL CONTENTS. CHAP. I. The formal Parts of a Bill, and Observations thereon. CHAP. II. Words of course to a Variety of Pleadings. Pretences, Charges, and Inqui- ries, on numerous Subjects. CHAP. III. Observations on original Bills. Bills for specific Performances. by next of Kin. for and against Executors. for Tithes. for Ship Assurance. for Partnership Concerns. upon Promisory Notes. ■ ujjon Mortgage Matters. upon Bankrupt Matters. for Creditors. to cancel Deeds. for Copyholds. for Bond Creditors. for Infants. for Literary Property. Bills for Annuities. for Dower. for Legatees. — c— upon Awards. Observations upon Bills of Inter- pleader. Bills of Interpleader. Observations on Certiorari Bills. Bills of Certiorari. CHAP. IV. * Original Bills not praying Relief. Bills in perpetuarn rei memoriam. Observations on Bills of Disco- very. Bills of Discovery. CHAP. V. Bills not original. Observations on Bills not original. Bills of Supplement and Revivor. Observations on Cross- Bills. Cross- Bills. Bills to carry Decrees info Execu- tion. Observations on Informations. Informations. CHAP. ^ss^sv PRINCIPAL CONTENTS. CHAP. \I. The various Defences to Bills. Observations on Ansicers. Anszcers. Ohsercations oji Demurrers. Demurrers. Observations on Pleas. Pleas. CHAP. \II. Of Interlocutory Matters. Observations on Petitions. Petitions. Interrogatories. Observations upon Orders. Orders. Observations upon Affidavits. Affidavits. Observations upon Decrees. Decrees. CHAP. CHAPTER I. OF THE FORMAL PARTS OF A BILL IN EQUITY, 'T^HE observations which precede the Precedents here presented to the Chancery Draftsman^ are not intended to enter at larg-e into the theory and practice of the Court, but merely as memoranda ; which, it is hoped, will be deemed sufficient for the present Publication. That wie may, with facility, beconie acquainted with the nature of a JBill in Chancery, it will be necessary to exhibit its several Parts before we set it forth in a perfect state. We shall then proceed to the Words of Course necessary to tlie various Branches of Equity Pleading". A Bill in Equity is usually divided into nine Parts:— I. The Direction, or Address.— II. The Parties.— III. The Plaintiff's Case. — IV. The Charge of Confederacy. — V. The Pretence and Charg-e. — VI. That Part which gives jurisdiction to the Court. — VII. The Interrogating Part. — * VIII. The Prayer. — IX. The usual Prayer for di Subpoena or other Process. I. The Address is the Direction of a Bill to the per- son who presides over that Court wherein the Bill is filed. In the High Court of Chancery this form is prescribed by the person holding the Great Seal ; so, that, it is varied upon every change of the custody of the Seal, or alteration ill the style of the person to whose charge it is committed. B This 2 OF THE FORMAL PAHTS This is also tlie case, in every other Court of Equity, upou similar occurrences. The Direction of a Bill in Chancery to the Lord High Chancellor. To the Right Honorahle John Lord Eldon, Baron FJdon, of Eldon* in the count i^ of Durham, Lord High Chancellor of Great Britain. Tlie Direction, if the Seals be in Commission. To the Right Honorahle A. B., C. D., and E. F., Lords Coni' missioners for the custody/ of the Great Seal of Great Britain. The Direction of a Bill in the Court of Exchequer. ... ' • ' ,<. . ^ ' • ' To the Right Honorahle A'. Fansitiart, Chancellor and Vnder-trea^ surer of His Maj est if s Court' of Exchequer ot Uestmimter, the'Honor- nrpose the charge of pretence of the Defendant is hehl 1o besudicicnt. Thus, if a Bill is filed on an equitablft C^round by an heir, who apprehends his ancestor has made a will, he may state his title as heir, and alleging the will by way of pretence of the Defendant's claiming under it, make a part of the case without admitting it. Mit. p. 43. Pretence OF A BILL IN EQUITT. Pretence hy the Heir, that an Instrument, made accord- ing to the Laws of Hcotland, passed an Estate in the Istand of Jamaica, though not executed as the Laxo of ttiat Island recjuircs, and charge to the contrary. Aiid the said Jane, Countess of G, pretends, that the said instrument of disposition was a valid disposition of the said moiety of the said Plantation to the trusts therein mentioned. And that upon the death of the said Robert H. (the person who made the disposition) the said Jane, Countess of C, and the other trustees therein named, or some of them, entered into the possession of the said moiety of the said Plantation, and have since continued in such possession upon the trust of the said disposi- tion, and that the said Jane, Countess of C, hath received and retained only one-third part of the profits and produce of the said moiety of the said Plantation to her own use, and that the other two-third parts of the said profits and produce have, from time to time, been laid out in the purchase of lands, which have been settled by deeds of entail, according to the directions of the said R. H. in the said instrument of disposition : — Whereas your Orator or Oratrix's charge, that the said instrument of disposition being in its nature testamentary, and not being executed and attested as is required by the Law of the said Island of Jamaica, for passing real estates thereby devised, was void, and that upon the death of the said R. H. the said moiety of the sajd Plantation, together with the buildings, fixtures, and negroes thereon, descended to and became invested in your Oratrix, and the other daughter of the said R. H. as ^foresaid ; and that if in truth any part of the profit and produce of the isaid Plantation hath been applied to the purchase of land in Scotland, and settled as aforesaid, the same hath been a wrongful application of tjie said profits and produce ; and charge that the said Defendants, the Trustees, or some of them, have now qr lately had in their hands or power a very large sum of money, which hath risen from the profits and produce of the said moiety of the said Plantation, 8cc. J. L. VI. This part of the Bill is intended to g-ive jurisdiction of the suit to the Court by a general averment that the acts complained of are contrary to eqvjit}^, and tend to the in- jury of the complainants, and that they have no remedy, or not a complete remedy, without the assistance of the Coiu't ; but this averment must be supported by the case shewn in the Bill, from which it must be apparent that the Court has jmisdiction. Mit, p. 42. The Clause which gives Cognizance in Equitij, All which actings, doings, and pretences, are contrary to equity and good conscience, and tend to the manifest wrong and injury in the pre- mises. OF THE FORMAL PAIITS mises. In tender consideration whereof, and forasmuch as your Orator is remediless ni the premises at and by the duect and strict rules of the common law, and cannot have adequate relief,' save in a Court of I\quity, wiicre niatlers of this and the like nature are properly cognizable and relievable. VII. The Bill having' shewn the title of the persons com- plaining, and that the Court has the proper jurisdiction for that purpose, in the seventh place prays, that the parties complained of may answer all the matters contained in the former part of the Bill, not only according to their positive knowledge of the facts stated, but also according to their remembrance, to the information they may have received, and the belief they are enabled to form on the subject. A principal end of an answer upon the oath of the Defend- ants, is to supply proof of matters necessary to support the case of the Plaintiffs ; and it is therefore required of the Defendants either to admit or deny all the facts set forth in the Bill, with their attending circumstances, or to deny having any knowledge or information on the subject, or any recollection of it, and also to declare themselves unable to form any belief concerning it. But as experience has proved that the substance of the matters stated and chargeci in a Bill, may frequently be made by answering according to tlic letter only, it has become a practice to add to the general requisition, that the Defendants should answer the contents of the Bill, a repetition by way of interrogatory of llie matters most essential to be answered, adding to the inquiry after each fart, an inquiry of the several cir- cumstances wliich may be attendant upon it, and the varia- tions to whicli it may be subject, with a view to prevent evasion, and compel a full answer. This is commonly termed the interrogating part of the Bill ; and as it was ori- ginally used only to compel a full answer to the matters contained in the fornu r part of the Bill, it must be founded on those matters. Therefore, if there is nothing in the prior jiart of tlic Bill to warrant an interrogatory, the De- fendant OF A BILL IN" EQUITY. 7 fendant is not compellable to answer it : a practice neces- sary for the preservation of form and order in the pleadings, and particularly to keep the answer to the matters put in issue by the Bill. But a variety of questions may be founded on a single charge, if any are relevant to it. Thus, if a Bill is filed ai>'ainst an Executor for an account of the personal estate of his Testator, upon the single charge that he has proved the w-ill, may be "founded every inquiry which may be necessary to ascertain the amount of the estate, its value, the disposition made of it, the situation of any part remaining undisposed of, the debts of the Testator, and any other circumstance leading to the account required. Mit, 44, TFords of course preceding the interrogating Part, To the end therefore, that the said A. B. and the rest of the Con- federates, when discovered, Mnay, upon their several and respective cor- poral oadis, full, true, direct, and perfect answer make to all and singu- lar the matters hereinbefore stated and charged, as fully and particularly as if the same were hereinafter repeated, and they there to distinctly in- terrogator 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 ; and more especially that they may an- swer and set forth, whether (then proceeds the interrogatory.) VIII. The prayer of relief is the next part of the Bill, and is varied according to the case made, concluding" always with a prayer of general relief, at the discretion of the Court. J\Iit. i6. Prayer for an Account of Timber cut, and to restrain Tiejendants from cutting dozen more Timber^ or from committing any other JVaste. And that the said Defendant may answer the premises, and that the said C. G. may come to a full and fair account for the value of the tim- ber, and other trees which were growing upon the said devised premises, and which have been cut down by him as aforesaid, your Orator waiving all penalties and forfeitures incurred by the said Defendant by the com- mission of such waste, and being willing to accept the single value thereof; and that what may be found due from the said Defendant on such account, maybe paid to or secured for the benefit of your Orator; and that in the mean time an injunction may be awarded by this honoiable Court, 8 OF THE FORMAL PAUTS Couit, to restrain the said Defendant, his servants, workmen, or agent«, from cutting down anv further tmiber or other trees growin^: upon the said deviled premises, or from committing any other waste or spoil thtreon j and lor further relief. IX. To attai.i all the ends of the Bill, it nitithly and lastly prays, thai process may issue, requiring- the Defendant to appear to and answer the Bill, and abide the determina- tion of the Court on the subject; adding-, in rase any Defendant has privilege of Peerage, or is a Lord of Par- liament, a Prayer for a Letter-missive before the Prayer of Process; and in case the Attorney-General, as an Officer of the Crown, is made a Defendant, the Bill, instead of praying- process against him, prays that he may answer it upon being attended with a copy. For the piu-pose of pre- serving property in dispute, pending a suit, or to prevent evasion of Justice, the Court either makes a special order on the subject, or issues a provisional writ, as the Writ of Injunction, to restrain the Defendant from proceeding at the Conunon Law against the Plaintiff, committing waste, or doing any injurious act ; or the Writ of Ae exeat regno to restrain Defendant from avoiding the Plain- tiff's demands b} quitting the Kingdom ; and other writs of a similar nature. When a Bill seeks to obtain the special or(h;r of the Corut, or a provincial writ, for any of these Purposes, it is usual to insert in it, immediately before the prayer of process, a prayer for the order, or particular writ, Mhicli the case requires; and the bill is then com- monly named from the writ so prayed, as an Injunction Bill, or a Bill for a Writ of Ne exeat regno. Mit. p. 46. The Foim of Prayer for those and similar purposes will be found attacht d to Bills of that denomination in the fol- lowing pages. The most usual Prayer is for a Subpiena to appear and answer the Plaintifi's allegations. The Common Prayer for a Subpoena. *>Iay t plrnKr: yniir Lordhhip to f^rant unto your Orator (or Oratrix) His Mi.icsty'b most gracious Writ of iiu(>paiia, lo be directed to me Siuq OF A BILL IN EQUITY. , 9 said A. B., thereby commanding him, at a certain day, and under % certain pain therein to be inserted, personally to be and appear be- fore your Lordship in this honorable Court, then and there to an- swer the premises, and to stand to and abide such Order and De- cree therein, as to your Lordship shall seem agreeable to equity and good conscience. And your Petitioner shall ever pray, &c.' We have now set forth the several parts of a Bill ; we will not, however, enumerate the various kinds of Bills until we present the Draftsman with what will appear in the pest Chapter, which he will lind of the most essential use^ CHAPTER 10 CHAPTER II. WORDS OF COURSE NECESSARY TO DIFFERENT BRANCHES OF EQUITY PLEADING. ACCOUNTS TO BE TAKEN. STATEMENTS. PRETENCES. CHARGES. INQUIRIES.—- CONCLUSIONS AND PRAYERS. "KEFORE we exhibit the necessary forms for Chancery- Pleading-, which Y>^e intend to do according to the ar- rangement set forth in M'ltford's Chancery ^ it will be pro- per to exhibit those parts which come nnder the head of '^ Words of Course ;" these the Draftsman will find not only useful, but necessary. We shall then add a selection of Pre-^ tences. Charges, Prayers, &c. which will be found equally useful as Precedents. If these are perused by the Student with attention, it will tend to give him a facility and ease in drawing drafts from the variety of cases, which may be placed before him for that purpose. Words of course preceding an Answer, t > < The i\ns\ver of A. B. the Defendant, to the Bill of Com^ plaint of C. D. Complainant. This Defendant, now and at all times hereafter savhig and reserving to himself all and all manner of benefit and advantage of exception, that can or may be had or taken to the many errors, uncertainties, in- sufticiencics, and other imperfections in the said Complainant's said Bill of Complaint contained, for answer thereto, or unto so much tliereof as this Delcndant is advised is material or necessary for him to make an- swer unto, answcreth and saith, &.c. Concluding Fart. And tins Defendant denies all and all manner of unlawful Combina- tion and Conft'dcracy wherewith he is by the said Bill charged, without tlu rr is any other matter, cause, or thing in the Comi)lainant.'s said Bill of Comjdaint contained, material or necessary for this Defendant to make answer unto, and not herein and hereby well and sufiiciently answered, avoided, traversed, or denied, is true, to the knowledge or belief of this pckndanl : All which matters and things this defendant is ready and ^ \villin2 WORDS OF COURSE, &C. It willing to aver, raaintain, and prove, as this honorable Court shall direct ; and hereby prays to be lience dismissed, wilh his reasonable costs and chart;lcnecome of such books, papers, or writings; and the said ought to set forth a list or schedule thereof, and to leave the same, if in his custody or power, in the hands of his clerk in -court, for the usLial purposes. Inquiry. And whether the said hath not now, or hath not had, and when last in his custody or power, some and what book or books of ac- count, papers, or paper-writings or writing, which belonged to the said , and contain some and what entries or entry, or memoran- dum, in some and what manner referring or relating to his real or personal estate, or some and what part thereof, and if the said _ hath not now such books or book, papers, or paper-writings or writing, m 'his custody or power, then that he may set forth what hath become thereof, and where the same, and every of them, now are or is, or last were, to his knowledge or belief, and that he may set forth a list or schedule of all such books, papers, and writings, and may leave the same, or such thereof as he hath in his custody or power in the hands of his clerk in court tor llie usual purposes. Application^ Charging Part, and Prayer to a Bill, that Tenant may he obliged to put a>id keep Premises in Re- pair, and Injunct'ioyi from fartlier JVaste by ploughing lip, contrary to the Terms of his Lease. And therefore Plaintiff hath, at several times, by himself and his agents, ia a friendly manner applied to, Sec. and requested him to put all the said iiouses. 16 STATEMEMtS, I'llETENCES, CHARGES, &C. houses, out-houses, and all the buildings and fences, 8cc. into good repair, and so keep the same in such good and sufficient repair during the re- mainder oi" the term, and to forbear to plough any of the lands demised to him as aforesaid, which he is not at liberty to plough, according to the terms of the said lease, and to make satisfaction to Plaintiff for all the damage done to the said estate by his mismanagement, or neglect in the management thereof, according to the terms of the said lease, and course of husbandry practised in the neighbouring country. And Plaintiff well hoped, &,c but now, &c. Pretends that the said messuage or tenement, and all the out-houses and buildings there belonging, and all the fences, gates, and stiles on the said lands, have been constantly, during his possession thereof, and noW are, in good repair and condition, and that he hath never ploughed any part of the said lands which he was not at liberty to plough, by the terms of the said lease, and the course of husbandry used and approved in the neighbourhood thereof, and that he hath never in any manner neglected the manuring or taking care of any part thereof, but that he hath con- stantly used and employed, cultivated and manured, all such lands, in a proper, regular, and careful manner, according to the terms of the said lease, and a good course of husbandry used and practised in the neigh- bouring country, and that all the particulars of the said messuage, and the house and buildings thereto belonging, and of the said lands, and the fences, gates, stiles, and ditches thereon, are in as good plight and condi- tion, in all respects, as the same was when he entered thereon, and that he hath never cut, or caused to be cut, any timber, or other trees growing on such lands, or any part thereof. Charge contrary, and that the said messuages and lands, with the ap- purtenances thereof, are now, from the neglect and gross mismanagement of the said Defendant, in so much worse condition than the same were iu at the time of his entering thereon, and that the same are, on that ac- count, worth to be sold c£lOO less than the same were worth to be sold at the lime when he the said Defendant entered thereon, and it would cost £lOO and upwards to put the same into as good plight and condition as the same were iu when he the said Defendant entered thereon, to the end, 8cc. Prayer* That Defendant may be obliged to put the said messuage or teneinetit,^ building, gates, Sec. into good and sufficient repair, and may make satisfaction to Plaintiff for all waste committed by him on the said estate, and all damage done by him thereon, by his mismanagement or neglect. Plaintiff waiving all right, &c. and that he may be al- lowed to keep the said estate, &c. in good repair and condition dur- ing the retnainder of his interest dierein, and to manure and culti- vate the same according to the terms of the said lease, and may be restrained, by the injunction of this honorable court, from commit- ting any further was^c or spoil on the said estate, or any part Uiere- ot, and that all proper directions may be given for the effectuating the purposes aforesaid, and further relief. Fart PRETENCES, CHARGES, &C. 1,7 Part of a BUI by E.vecufors, zvho had Notice of adverse Clams,for the Purpose of having the same ascertained. That the said E. K. departed this life on, &.c. awd the said I. K. &c. 2i,c. one of the re«duary legatees named in the said will of the said Tes- tator, as aforesaid, have all attained their respective ages of twenty-one years, and the said residuary legatees are now become entitled to have their respective shares of the said residuary property paid to them. That the said Testator's residuary property now consists of the sum of £ £3 per cent. Consols, Sec. and the sum of £ in the hands of Plaintififs, and Plaintiffs are ready and willing to divide and dispose of the said residuary property, according to the directions contained in the said Testator's will. That E. S. and I. S. claiming to be entitled to some interest in property to which the said is entitled, in right of his said wife, of the said Tes- tator's residuary property, under an assignment made to them by the said C F. and his wife, served a notice in writing to that purport on Plaintiff I. S. as by the said notice, &c. That on, &c. another notice was served on Plaintiffs by Messrs. G. and I. of, &,c. claiming the said share of the said C. F. in right of M. his wife, by virtue of an assignment from the said E. S. and 1. S. but the said Messrs. G. and I. having since become bankrupts, another no- tice was served on Plaintiff's solicitor, on, Sec. by Messrs. W. and Son, the solicitors under the commission of bankrupt, awarded against the said G.and I. purporting that W. C. &c. having been duly chosen and ap- pointed assignees of the estate and effects of the said G. and I. claimed the said share of the said C. F. and his said wife, in right of the said G. and I. as by the said two notices, &,c. That on or about, 8cc. a notice was served upon Plaintiff by W. G. of, &c. stating a certain assignment made by the said, 8cc. to N. S. of, &c. under and by virtue of which the said R. S. claimed to be entitled to some interest in the said share of the said A. and M. his wife, of the said residuary property, as by the said notice, &c. That on or about, See. another notice was served on Plaintiff, by, &.C. claiming to be entitled to the share of the said I. K. of the said testator's residuary property, under and by virtue of the said assignment made to him by the said I. K. That by reason of such several claims, Plaintiffs are unable to dis- tinguish to w horn the said residuary property ought to be distributed, but Plaintiffs being ready and willing to distribute the same, have frequently applied to the said, &,c. 8tc. (claimant), and also to the said, &.c. (residu- ary legatees), and also to the said. Sec. the several assignees who have so served Plaintiffs with notices, and made claims as aforesaid, and have re- quested them to execute the said several claims and demands, that Plain- tiffs might be enabled to distribute the said residuary estates accordingly. But now, See. Pretend that no such will as herein before set forth was made by the said H. M. Charge the contrary. Sec. and which Defendants will, at other times, admit, but then they give out. Sec. Pretend that there is a very large residue in the hands of Plaintiffs, and much more than the said sum of £ in the hands of Plaintiff'. Charge the contrary, Sec. and that no more now remains than the said sums . c , herein 18 PRETEXCES, CHARGES, &C. herem before in that behalf mentioned, except what if any tiling may have come to the hands or possession of the said I. S. And the said, &c. severally claim to be entitled to the said share of the said C. F. and M . hisuife, and the said I. K. claims to be entitled, notuiihstanding the said assignment of their shares of the said residuary property, as residuary le- gatees ; and the said Defendant f . K. sometimes claims to be further in- terested in this residuary estate and effects, and the said Defendant F. S. refuses to come to any account in the premises. All which, Sec. Pretence in a Bill for .specijic P erf ormance^Lessee against Lessor, that it was not in IVritino- and Charnx that ih/s xcas immaterial. Plaintiff having repaired the Pre- mises and expended Monei) in confidence of the Agree- ment. And the said Defendant at other times pretends that the said agree- ment or agreements, not having been reduced into writing, he is not bound to perform the same ; whereas your Orator is advised and humbly submits that the said Defendant is liable to perform the same notwithstanding. And your Orator charges, that upon the faith of the said first mentioned agreement, your Orator, with the privity and knowledge of the said Defendant, continued in the possession of the said premises aJter the expiration of your Orator's said original lease, and proceeded in the said repairs which had been pointed out by the said surveyor as aforesaid, and laid out great sums of money in such repairs. And your Orator charges, that upon the faith of the said second agree- ment, touching the lease of the said premises, to commence at Michael- mas-day, , your Orator hath ever since continued in the possession of the said premises, and haUi completed the said repairs, and re-built the said barns, and hath thereby incurred a very great expense. And your Orator further charges, that the said Defendant, since the expiration of liis said former lease, hath been paid by your Orator, and hath accepted from your Orator the said increased yearly rent of £. per annum, from time to time as the same became due. A. C. Pretence and Charge in a Bill that Personals are insuffi- cient , and arc pai/aljlc out of real Estate ; doubt true Construction oj the f^ill; Pretence tJiat the IVill will not extend so as to pass real Estates, S^c. 'I'hat the said Defendants severally refuse to comply with the Plain- tiffs' af'XP^'iiid requests ; that said J^efendants sometimes pretend that the i)(rson»l.s arc insulhcicnt. Charge contrary, and if not, charge that the said 'ic^'t^l'"'^ "■''' estates come to the hands of the said Defendants, bis Excctilo'^''* ^"'' Trustees, ought to be applied in aid of his personal es- tal"' till ^''^ v^llole of the aforesaid purposes are satisfied, and so the said nls adi/iit, but at other times they pretend that tlie rents and *''''■" 'louf; of the said Testator's real estates are applicable to tJie protits a ^ m,;i,jiy„i.j purposes, and lliat the said Dclcndauls have no laid bclur , power PRETENCES, CHARGES, &C. 19 power given tliem by the said will over the said Testator's real estate or any estate or interest therein that can enable them to apply the same or any part thereof in aid of the said Testator's personal estate, further than the reception of the said rents. Charge, that by the construction of the said Testator's will, the whole of the legacies and siuns, as well present as contingent, are charged npon both the real and personal Estate of the said Testator as one fund, and that the said Defendants, his Exe- cutors, take such estate and interest therein, and no less, than may be capable of fully effectuating the said Testator's intent and meaning, and satisfying the whole of the benehts intended to be given by the said ^vill, and so they will sometimes admit ; but then they pretend that doubts are entertained with respect to the true construction of the said Testa- tor's will in this and diveis other respects, and with regard to some of the Plaintiff's claims in respect of some of their legacies and annuities hereinbefore mentioned, and that they the said Defendants cannot safely proceed in execution of the trusts of the said Testator's will, by reason of such said doubts and difficulties, without the aid of a Court of Equity, nevertheless they refuse to state and discover wherein such pre- tended doubts and ditficulties consist. That said Defendants (the co- heirs) pretend that the said Testator's will was not so executed or at- tested, so as to pass real estates by devise, and he the said I. D. claims some estate or interest in the Testator's real estates in right of the said A. his wife, and the said A. and B. as co-heirs at law of the said Tes- tator, threaten to dispute the said will. And the said A. D. 8cc. (the I'lxecutors) claim some legacies as due to themselves, and threaten to retain the same immediately out of the personal estate of the said Tes- tator in their hands. Charge, that after providing for the annuities imme- diately preceding the life estate given her in the said Testator's residue in the said will, all the other legacies are postponed till after her decease, and that the said A. D. &c. (the Executors) ought not to retain any part of the said legacies claimed by them, until that period. Pretence and Charge in a Bill, that Defendants hax)e for- feited their respective Rights under the Testator's /Vitlj which contained a Clause, that in case the Trustees were molested by the Devisees, that their Devise should cease. And at sometimes the said last mentioned Defendants pretend, that under or by virtue of the said will, your Orators are barred from insti- tuting any suit in this honorable Court against them the said named Defendants, touching the said lestator's estates, or the distribution thereof, inasmuch as they the said last named Defendants are molested thereby ; and that your Orators have therefore, under or by virtue of the clause contained in the said will in that behalf, forfeited their respective interests under the same. Whereas your Orators charge, and humbly insist, that no forfeiture whatever is incurred by them in so doino-, and the more especially, inasmuch as they charge that it is mani- festly to be presumed that the said Testator did not by the aforesaid clause contained in his said will, mean to protect them the said last warned Defendants against being duly called upon by the persons enti- 20 PEETENCES, CHARGES, &C. tied under the said will for an account of the matters aforesaid, but the rather from being wantonly and maliciously molested in the execu- tion of the trusts thereof, and so the said last named Defendants will themselves at other times admit, but nevertheless under some such or the like pretences, or some others equally unreasonably and unjust, they have reiused or declined to comply with your Orator's most reasonable requests. Pretence and Charge in a Tithe Bill of a ModuSj and JVritings uJiicli siibsUiniiate it. Pretends, that by reason of some modus or immemorial payments or payment, he is not bound to render to your Orator in kind the tithes of all or any of the tilheabJe matters and things aforesaid. W hereas your Orator charges the contrary thereof to be the truth, and that there doth not exist any modus or immemorial payments in lieu of any of the tithes aforesaid, arising or renewing upon the lands of the said Defendant, or any of them ; and that the money payments which of late years have been rendered in lieu of the said tithes have been temporary composi- tions, determinable at the pleasure of either party, and so the said Defendant well knows. And the said Defendant has or had had in his custody or power some books, receipts, or papers, from whence the origin of tlie said money payments will appear, or the balance thereof from time to time, or which in some manner relate to or explauj the same. But now, &.c. J. L. Charge, if Papers, S^^c, produced, Plaintiff s Title 'would appear. Further charges, that in case the said letters, notes, writings, drafts, copies, abstracts or extracts of letters, notes, or written messages, and other the papers, memorandums, and writings, were produced, or the purport or contents thereof were set forth and discovered, which Plain- tiff humbly insists they ought to be, the truth of the several matters and things hereinbefore stated and charged, would manifestly and clearly appear, and particularly that Plaintitt and the other owners of the said cargo were and are entitled to the produce or money arising by the sale of the said cargo, which was Ieccl^ed by the said I. C. and remitted as aforesaid to the said confederates, but which they nevertheless refuse to produce, altliough frequent applications have been made to them for that purpose. Pretence, And at sometimes Defendants pretend, that they have produced and have «hewu to Plaintiff all the letters, papers, and writings in their or lither of their custody or power, relating to the matters and transactions aforesaid. Charge. Contrary, and that Defendants have not produced or shewn to Plaiu- liiT, ull the letters a/id copies of Icltrrs, and other correspondence, nor all iho papeis and writings iu tiicir cublody or power, relating to the aforesaid CHARGES, INQUIRIES, &C. 21 aforesaid matters and transactions ; and in particular Plaintiff charges, that notwithstanrling the said confederates did sometime since produce and lend to PlaiutiiF, ni consequence of an application made to them for that purpose, copies of some letters and correspondence, and also of some olher papers relating to the matters and transactions aforesaid, they nevertheless secreted, withheld, or kept back, sundry of such letters, and a great or some part of such correspondence, and sundry of the papers or writings in their custody or power, relating to the matters and transactions aforesaid, and which were material to shew your Orator's right to a part or share of the money so remitted to them the said confe- derates, on account of the produce of the sale of the said cargo, and that divers or some of the papers which the said Defendants delivered or sent unto Plaintiif, as copies of such letters and correspondence as aforesaid, were not faithful and exact copies of such letters and correspondence, but partial extracts thereof or therefrom ; and that sundry material parts and passages of such letters thereof as tended to shew the right and title of Plaintiff and the other owners of the said cargo, or some or one of them, to the money remitted to the said confederates as aforesaid, on account of the produce or money arising from the sale of the said cargo, were designedly or intentionally left out or omitted in the copies so sent or delivered to your Orator, and that the same was so done with a view to prevent your Orator from being made acquainted with the whole purport or contents of the said letters and other correspondence, and of concealing from your Orator and the other owners of the said car- go, their right to receive from the said confederates, or their claim upon the said confederates, in respect to the produce or money arising from or produced by the sale of the said cargo, and in their hands as aforesaid, or with some other fraudulent or unfair view, intent, or design. But, nevertheless, under such and the like pretences, confederates refuse to pay Plaintiff one-third or any other part or share of the money remitted to them and now in their hands, arising or produced by the sale of th« said cargo ; and Plaintiff having commenced an action at law against the said confederates, to recover or obtain payment from them of the money which they have received for Plaintiff's use in manner aforesaid, Plain- tiff is unable to proceed with eft'ect therein without a full disclosure and discovery from the said Defendants, and without having one or more commission or commissions for the examination of his witnesses in Jamaica, and at, &,c. in which places, or some or one of them, Plaintiff's witnesses who can prove the truth of the several matters and things hereinbefore stated and charged, reside, and therefore the said Defend- ants set Plaintiffs at defiance. Inquiry, And wkether they the said Defendants, or one and which of there, have or hath not now, or had not at some and what time and when last, in their or one and which of their custody, power or possession, sundry, or some and what Other letters or letter, notes or note, written messages or message. And whether or not also some and what copies or copy, drafts or draft, abstracts or abstract, extracts or extract of letters or let- ter, notes or note, or written messages or message, which were or was, and when written or sent by them the said confederates, or one, and which of 2- CHARGES, IXQUIRIES, ScC. of them; and the said I. C. and W. H. or one and which of them, or some and what olher persons or person, relating to the matters and transactions aforesaid, or some or one and which of them, and pailicu- larly wliether or not relating to, Scc. And whether they the said De- fendants, or one and which of them have or hath not also now , or last, and when had, in their or one and which of their custody, possession, or power, various or some and what papers or paper, memorandums or me- morandum, writings or w riting, relating to or in some manner concern- ing the same matters and transactions, or some and which of them, or v.hat is become thereof, and with whom, and in whose custody, posses- sion or power, and for whose use they the said Defendants, or either and \vhich of them last, and when saw or heard of the same, or any and v»hich of them, and that they the said Defendants may set forth a list and schedule of all and every such letters, notes, written messages, copies, abstracts or extracts of papers, memorandums, and writings, and that they may leave the same m the hands of their clerk in Court for the se- veral purposes. And whereas they the said Defendants, or either and which of them, or any and what persons or person, by their or either and which of their orders or directions, have or iiath ever, and when, and how, and in what manner, and whether or not wilfully or intentionally, buint, destroyed, altered, obliterated, or defaced the said letters and other premises, or any and which of them. And in case the same have been so burnt, de- stroyed, altered, obliterated, or defaced, whetlier the same was not done with a view to prevent a production of the same, and a discovery of the several matters and information therein contained, or for wiiat other purpose. And whether, in case the said letters, notes, &c. and other the said papers, memorandums, and writings, weie produced, or the purport and contents thereof set forth and discovered, the truth of tiie several mat- ters and things before stated and charged, or some or one and which of them, would not n)anifcstly and clearly, or in some and what degree appear, and particularly w hether or not that, &.c. Inquire/. And whether the said Defendants, or either and which of them, have or hath ever, and when, produced and shewn to your Orator all or any, and w hich of the lettt-rs, or copies of letters, or correspondence, or all or any, and which of the papers or writings in their custody or power, relating to the malttrs and transactions aforesaid, and whether they the ^aid Deftndants did not upon such occasion secrete and withhold, or Iteep back sundry or some, and which of such letters, and a great part or sf/me and what part of such correspondence. And whether or not sundry or some, and which of the letters and writings in tiieir or one and which of their custody, possession, or power, relating to the mat- ters and transactions aforesaid, or some and which of them ; and whe- ther the same, or some and which of them, were or was not material to slitw Flaumrt's right to a part or share of llie money so remitted to iIk in the said Defendants, or one and whicii of them, on account of the produce of the sale of the said cargo, or how otherwise. And whe- ther divers or some, and which of the papeis which the said Defendants declared PRETENCES, CHARGES, &C. 23 declared to Plaintiff, or some person or persons on his behalf, as copies or copy of such letters or letter, or correspoiKiFnce, wire or was not, and in what respect, unfaithful copies oi copy thereof, or whether the same were or was not, and in what respect partial extracts or a partial extract thereof or therefrom; and whether sundry or some, and what material parts or part, passages or passage thereof, and particularly whe- ther or not such parts thereof as tended to shew the right and title of Plaintiff and the said owners of tlie said cargo, or some and which of them, to the money remitted to them, the said Defendants, or one and which of them, on account of the produce or money arising from the pro- duce of the sale of the said cargo, w ere or Avas not intentionally or de- signedly, or how otherwise, left out or omitted in tlie copies or copy so senior delivered to Plaintiff as aforesaid. And whether the same was not so done with a view to prevent Plaintiff being made acquainted with the whole, or some and what part of the purport and contents of the said letters or letter, or other correspondence ; and whether or not with a view to conceal from Plaintiff" and the owners of the said cargo, or some, &.C. their or some, and which of their rights, to receive from their or some, and which of their claims upon the said Defendants, or one and which of them, in respect of the produce or money arising from or produced by the sale of the said cargo, in their or one and which of their hands, or with komeaiid what other fraudulent or unfair view, intent, or design. «««____«._»-» J. S. Charges in a Bill against an E.vecufor, as to an Account and Balance duCy the Account scheduled in the Bill. Pretence personally insuflicient, charge contrary. And at other times the said Defendant pretends that such balance as aforesaid is not justly due and owing to your Orator ; whereas your Orator charges that the said sum of=t.' is the just balance due to your Orator upon the set- tlement of all accounts between your Orator and the estate of the said I. H. And your Orator hath, in the schedule to this his bill, set forth the private account between your Orator and the said I. H. and how h^ makes GK.it the said balance ; and your Orator further charges, that the sum of j£ , charged in the said scheduled account to be due to your Orator, by the promissory note of the said I. H. bearing date, &.c. was advanced by your Orator to the said I. H. at three different times, vshortly before the said notice was given, in sums of £ , the last of .such sums being for the payment of wine duty. And your Orator charges, that at the expiration of the time limited by the said promissory note for the payment thereof, your Orator presented the same for payment ; and lire said I. H. then told your Orator that it did not suit him to pay it, and requested your Orator to wait till it should be convenient to hmi to dis- charge the same. And your Orator further chargeth, that about the month of , your Orator made out a statement of the private account between him and the said I. H. and the said 1. H. then promising your Orator that he would forthwith settle such account, atid pay your Orator the balance thereof, and requesting that your Orator would include the sum of ^ and interest in the said account, your Orator tlureupon so included the same in such stated account, and dehvercd up to the said i. H. the said promissory note, and die same is now, or lately was, in the possession of the said 1, W. being found by him amongst the papers of the 24 PRETENCES, CHARGES, &.C. the said I, H. But the said I. H. never did settle such private account in his life-time, nor make to your Orator any payment in respect of the said promissory note. And your Orator further cliargeth, that the sum of £ , charged in the said scheduled account to be paid to Mr. W. of H. was sent to him by your Orator, on account of the said 1. H. at the particular request of the said I. H. And there is, in the cash book of the said 1. H. an entry of it, as paid on the day of to the said Mr. W. and tiiere is also amongst the papers of the said I. H. a letter from the said Mr. \V. acknowledging the receipt of such sum, and such letter is BOW, or lately was, in ihe custody of the said I. W. But nevertheless, un- der such and the like pretences as aforesaid, the said 1. W. refuses to pay to your Orator what is justly due and ow ing to him as aforesaid. All y.'hich, &c. „__ Charge in a Bill hrought by the Heir of the supposed Testator, in order to set aside tlie TVillj as being ob- tained by Fraud and Imposition. The supposed 2 estator having lost the Use of his Intellects, Defendants set up the JFill, and insist it xvas duly executed. Charge, that the Testator behaved, for years before his death, as a per- son of insane mind, &,c. and that his faculties were greatly impaired; and in evidence thereof charge (stating a particular instance), and that the will was prepared by the sole directions of the Defendants, without the knowledge or privity of the said Testator, and was produced to him for his execution, ready drawn, without the Testator's instructions; and that, if he did give any directions for such will to be prepared, he was at such time incapable of judging what he said or did, and that the will was not read over to him, nor w as he informed or knew the contents ; or if he was informed of the contents, he was not at that time capable of understanding them, or of judging of the propriety, Slc. and that he was compelled by threats. Charge, that if the said Testator really made such will, he was, imme- diately before the execution, intoxicated by Defendants, or by some undue means prevailed upon, under a total ignorance of the contents; and that, if the Testator, at the time of his signing such will, knew and understood the contents, he had forgot the Plaintiti', or that the Defendants repre- sented him to Testator as dead, otherwise he would not have made such Mill, having always expressed a much greater degree of friendship for Plaintiff than for Defendants. Charge, that the Defendants imposed upon the attorney, who had never before seen the Testator, and therefore was totally ignorant of his weak 9'ate of mind, and his mability, &,c. representitig themselves as his heirs at law, and taking no notice of Plaintiff, by which means the attorney was j)revailt d upon to make the will, and attend ihe execution, otherwise he ^voui(^not have been concerned therein, having made objections on ac- couni (jf 'IVstator's insanity, and weak state of mind, and hath declared Jiim.^elf to this effect smce the Testator's death, and that he received the testimonies for the will from the Defendants, and that the said attorney tlejjired the apothecary might be present at the execution, to which the Dcit ndanls objicted. Charge, that the will ought to be set aside, and that the Testator's real Cbtate dciCcudcU to Plaiuliti" as his heir at law. Charging PRETENCES, CHARGES, &C. 25 Charging Part of a Bill filed hy an Annuity Creditor, against the Trustees^ under a Deed, empowering iheni to sell and fall Tuiibar for rc~pnrchasing the Annuity, charging them witJi Misapplication, inasmuch as they applied the Produce of the Sale in discharging the Ar- rears of another Annuity under an Indemnity. But now so it is, &c. They the said Defendants refuse to comply wiih your Orator's said requests, sometimes pretending that the said C. S. never executed such instrument or power of attorney as aforesaid, or any other instrument or power of attorney whatever, for the purposes afore- said; whereas your Orator charges the contrary of such pretence to be true as aforesaid, and so the said Defendant will at other times admit. But then they pretend that they the said Defendants, I. H I. W. B. and VV. C. (the Trustees), never did cause any timber or other trees whatever, which were growing on the aforesaid manors and estates, or any of them, to be felled or cut down, and sold and disposed of under and by virtue of the said power of attorney, nor ever received any sum or sums of money, arising by such sale, or any part thereof, whereas your Orator charges the contrary thereof to be true, and so the said Defendants will at odier times also admit. But then they pretend that the said W. C. hath accounted for and paid the money arising from the sale of the said timber to the Defendants, I. W. and F. E. (the persons who hold tho other annuities), who were entitled to receive the same in preference to your Orator, and had some preferable claim or lien thereon, and had ob- tained some order of this honorable Court for the payment thereof upon the said \V. C ; whereas your Orator charges that the said I. W. and F. E. had no lien or claim whatever thereon, nor any right or title to receive or call upon him the said Defendant W. O. for the payment of the same, or any part thereof, or to compel him to account for or pay the same, or. any part thereof ; and that if intnUh any order of this honorable Court was made respecting the payment of the said Sum of money to the said I. W. and F. E. or in any manner relating thereto, yet that this honorable Court was surprized in such order, and was not in any manner apprized of the truth of the transaction ; and that the said \¥. C. confede-- rating with the said I. W. and F. E. purposely suppressetl or concealed from this honorable Court the authority under which the said timber Irad been cut, and the purpose for vvhich it was meant to be applied. And your Orator further charges, th^t updil payment being made to the said I. W. and F. E. by the said Defendant W. C. (in case any such was made), he the said Defendant required and took from them some indem- nity or security against the right or claim of your Orator to such money. And your Orator further charges, that if the said sum -wws paid by the said W. C. to the said I. W. and F. E. the same was so paid to them under the pretence that considerable arrears were due to them as copart- ners, in respect of any annuity granted to them by the said C S. Whereas your Orator charges, that the said I. W. and F. h. had, at the time of such payment, by their receipts, from the estates and property of the said C. S. have fully paid all arrears of their said annuity ; and your Orator charges 2S PRETENCES, CHARGES, &;C. charges and humbly Insists that the said Defendants I. H. "W. B. and W. C. having accepted the trusts under the said power of attorney, ought to have paid the said monies arising by such sales as aforesaid (after such deduction as aforesaid) or a competent part thereof, to your Orator, in or towards the re-purchase of the said annuity of £ and that the said Defendant ^V. C having paid the said monies arising by such sales as aforesaid, contrary to the directions contained in the said power of attorney, was guilty of a breach of trust in so doing, and made himself personally liable to answer and pay this annuity to your Orator. And yoiu- Orator further charges, that the said J. W. and F. E. were, at or about the time of the making of the said power of attorney, fully ap- prized of the same, and of the purpose thereof, and did, by a letter writ- ten by their solicitor, fully assent thereto. But nevertheless, the said De- fendants refuse to comply with your Orator's aforesaid requests. To the end, 8lc. And that an account may be taken of all and every the monies which have been received by the said W. C. I. H, and W. B. or by any person by their order, or for their use, for or in respect of such sales as aforesaid. And that the said Defendants may be decreed to pay what shall appear to be due from them respectively, upon the taking the aforesaid account. And that the same, after such deduc- tion as aforesaid, or a competent part thereof, may be paid to your Orator in or towards the repurchase of the said annuity of £ upon the terms provided by the said indenture of the day of . And for further relief, &c. J. S. Prete7ices a?2d Charges in a Bill fo)' Settlement of Part- nership Accounts, zchere only an Agent for, and no Ar- ticles of Copartnership were e.vecuted, impeaching the Account which had been delivered by Defendant. Pretends that he never agreed to enter into partnership with Plaintiff, nor ever subscribed such memorandum or agreement as aforesaid, or any other memorandum or agreement for that purpose, but at other times admitting the contrary thereof to be true, he pretends that he hath constantly, from time to time, duly and regularly accounted with Plain- tiff for all the several sums of money received by him, the said Defendant, on account of the said partnership business, and the produce, gains, and profit thereof, and that Plaintiff hath, from time to time, received his share and proportion of such monies, and the clear gains or prolits thereof, after deducting the necessary outgoings and expences attending or r( luting thereto, to the said copartnership business, and that all the accounts relating thereto have been regularly adjusted and settled dowu to the present time. Charge contrary , Am\ that no accoimts whatever have been ever adjusted or settled be- tween Plaintiff and Dtiindant; at any lime since the commencement of the • PRETENCES, CHARGES, &C. 27 the said copartnership, in any manner relating thereto, or to the business thereof, nor haili Plaintiff' received any sums or sum of money whatso- ever from Defendant, on account of Defendant's receipts respecting or relating to the said copartnership, or the gains or profits thereof. Pretence that Plaintiff hath received Monies. All which the said Defendant will at other times confess, but then he pretends that Plaintiff, from time to time, since the commencement of the said partnership, received from clients and other persons, on account of the said copartnership, and the business antl profits thereof, sundry sums of money to a large amount, in the whole, and greatly exceeding the amount of tiie several sums received by him, the said Defendant, on the same or the like account, and also exceeding Plaintiff's moiety or share of the clear profits or gains of the said copartnership business. Charge contrary, And that the several sums received by Plaintiff, on the account afore- said, were trifling and inconsiderable, in comparison with the several sun)s received by Defendant on the same or the like accounts, and that the said several sums so received by the said confederate greatly exceed his moiety or share of the profits, clear gains, and produce of the said copartnership, and that, upon a fair balance of all accounts relating to the matters aforesaid, the said Defendant is justly indebted to Plaintiff in a large sum of money in respect thereof, and so the said Defendant knows, and has reason to believe, and does believe, and so the same would appear in case Defendant would set forth, as Plaintiff' humbly in- sists he ought to do, a full and particular account of all his receipts and payments on account, or in respect of, or relating to the said copartner- ship business, and the concerns thereof, and would produce all the books t)f account, and other books and papers in which any entries are made relating thereto, in his custody, possession, or power, but which he nevertheless refuses to do, or to give Plaintiff' any account thereof, or any satisfaction relating thereto. Pretence of an Account delivered. And at some times Defendant pretends that he hath delivered or sent unto Plaintiff' a full, true, and just account of all the said copartner- ship, and the business or concerns thereof, and he alledges that there are no errors, omissions, or mistakes therein. Charge. That notwithstanding Defendant hath delivered unto Plaintiff an ac- count, which he pretends to be an account of all his receipts and pay- ments, in respect of the said copartnership, from the commencement of the said copartnership, and of the business or concerns thereof, yet Plain- tiff charges that the said pretended account is, in many respects, false, un- just. 28 PRETENCES, CHARGES, &C. just, and untrue, aud that there are divers errors, mistakes, omissions, false and improper charges, items, and particulars therein, to the preju- dice of your Orator ; and that Defendant hath moreover inserted and taken credit therein for several sums of money, which were not actually paid by him, and also for several other sums which ought not to have been brought into the said account, and with the payment whereof your Orator, or the said copartnership, is by no means chargeable ; and ia particular, Plaintiff charges that the first schedule annexed or under- Avritten, and which Plaintiff prays, &c. contains a list of several of the omissions made, or items or articles omitted, to be inserted in the said account, to the prejudice of your Orator ; and that the second schedule, hereunto annexed, also contains a list of several overcharges, or improper charges or items, made in the said pretended account so delivered to Plaintiff'. Pretence ready to account. AW which Defendant will at other times admit ; but then he pretends that he hath been at all times ready and willing to come to an account vith Plaintiff, and to adjust and settle all the accounts relating to the matters aforesaid, without suit or litigation. Charge. And Plaintiff further charges that he hath, by himself and other per- sons, made sundry different applications to Defendant to come to an amicable settlement of the several accounts aforesaid, but that said De- fendant hath refused to comply with such applications and requests, and «nder such or the like, &.c. Pretence and Charge in a Bill to set aside an Assignment of Effects for i lie Benefit of .some RelationSy the same being without valuable Consideration^ and xvhcn As- signor xcas considerably in Debt. Sometimes pretends that he hath not, since the death of the said 1. 1. bis late father, deceased, possessed any personal estate or effects which ■were belonging to him at the time of his death, he the said I. I. not be- ing possessed of, or entitled unto, any personal estate or effects \\hatso- ever, for that the said 1. I. some time before his death, and in or about the year , executed some deed or deeds, instrument or mstrumenls, in writing, whereby he assigncl unto the said \\ . J., or to some other person or persons in liust for him, or for his use or benelit, or in trust for, or for the use or benefit ol" sonic friend or relation of him the said I. I., abso- lutely, and for a good and valuable consideration, all the personal estate and tflects whereof he was possessed, or unto which he was entitled, and that, by virtue of the said assignment, the said W. I., or such otiier person or persons in whose favour such assignment is pretended to have ttcii made, became well ciitilltd thcrclO; aud the same were accordingly delivered PRETENCES, CHARGES, &C. SO ilellvered unto him, or them, by the said 1. 1, in his life-time, but th« particulars of such assignment, or to whom the same was made, the coii- federate W. I. refuses to discover. Charge contrary^ And that the said confederate ought to admit assets, Sec. on account, &c. And Plaintiff further charges, that in case the said I. I. did really execute any such deed or deeds, instrument or instruments, in writing, as are hereinbefore pretended to have been executed by him, and did thereupoa deliver such personal estate and effects to the said W. I., or any other person or persons, (but which Plaintiffs do not admit) the said I. J. was, at the time of the date and execution of the said pretended deeds, indebted to several persons to a considerable amount, and such deed or deeds, ia-r strument or instruments, were or was executed by him, and such personal estate and effects delivered by him, with a view, and for the sole purpose of defrauding his creditors, and to elude the payment of the debts by him contracted ; and such deed or deeds, instrument or instruments, and the de- livery of such effects, was and were voluntary and fraudulent, and without any valuable consideration whatsoever, really and boiiajide paid by the said W. I., or the said person or persons in whose favour the same are pretended to have been made, but the same was or w^ere made to him or them in trust for the said I, I., or with intent to screen his estate and effects from his creditors, or some or one of them, and to prevent the same from being applied in payment and satisfaction thereof ; that in case any considera*- tion whatsoever was ever paid by the said W. 1., or any other person op persons, to the said [. I. for such deed or deeds, instrument or instrunients, or delivery of such effects, but which Plaintiffs do not admit, the whole or some part thereof was returned to the said 1. 1. by the said W. I. or such, other person or persons, or some person in trust for him or ihem, or he or they, was or were in some manner repaid the same, and such con- sideration was merely colourable ; and Plaintiffs are advised, and humbly insist, that the execution of such deed or deeds, instrument or instruments, and the delivery of such effects, was a gross fraud upon the fair and just creditors of the said I. 1., and ought therefore to be set aside, and such deed or deeds, instrument or instruments, delivered up to be cancelled; and that the said W. I,, and such other person or persons to whom or in whose favour such deeds are pretended to have been made, and such personal estate and effects as have been possessed and received by him or them, by virtue or under colour of such deed or deeds, in- strument or instruments, or which were delivered to him or them by the said 1. I. in his life-time. But nevertheless, &c. Fretence of Illegitimacy, and Charge of Marriage be- tween Plaintiff's Father and Mother. Defendants combining. Sec. alledge some doubts have arisen concern- ing Plaintiff's legitimacy ; and in consequence of such doubts the said other Defendants have set up a claim to the residue of the said Testator's real estates, pretending that the said R. H. was never married to A. >V., by 30 . PRETENCES, CHARGES, ScC. by whom he had Plaintiff, and that therefore, upon the death of the said R. H., the equitable interest in all the said real estates descended to Defendants A. and B., as his heirs at law. Charge. That the said R. H. was married to the said A. W., and that they lived together as man and wife for eight years, and were acknowledged and visited as such by all their relations, friends, and acquaintance. That the baptism of Plaintiff was registered as the son of the said R. H., by the said A. his wife; and that the burial of the said A., the Plaintiff's mother, was registered as of the wife of the said R. H., all which facts and circumstances are, as Plaintiff insists, ample and sufficient evidence of the marriage of the said R. H. with the said A. W., and clearly prove the legitimacy of Plaintiff, and that as being the undoubted heir at law of his said late father he is well entitled, &c. Pretence^ S^c. where Defejidants claim under a Recover}/, Pretend that the said R. A., the son, in die year duly suffered a Common Recovery, and that, previous to the executing of such Re- covery, he duly executed a proper deed or instriniient for conveying the same to the person who was the tenant in such Recovery, and declaring that such Recovery should come to the use of the said A. B. and his heirs for ever, and that therefore they, the said confederates, are well entitled thereto in manner aforesaid, and that Plaintiff hath not any just right or title thereto, or to any part thereof. Charge, That if the said R. A., the son, did suffer any such Recovery, and did previously execute any such deed or instrument, purporting to be a con- veyance of, &c. to the person who was named as tenant in such Reco- very, yet no estate in possession of, or in the said, Jk.c. did or could pass thereby, the whole of the said manor, &c. being then vested eidiej- in the said 1. D., or the said A. A., the widow, &c. for her life, by virtue of, Scc. whereby the same were limited to her for her jointure, and therefore, as your Orator is advised and humbly inbists, the said Recovery was wholly void and of no effect. Inquiry. And if the said Defendants, or any, &c. shall pretend that the said R. A., the son, ever suffered any Common Hecovery of, &.c. then, that they may set forth whetlicr he previously, and when, executed any and what (Iced or inslruimnl, purporting to be a conveyance of the said, &.C. or any and what particulars thereof, unto the person who was tenant in such Kecovcry, and whether the said A. A., or D. D., or one and which of them were, or was not living at the time of executing sucli k\cqi\ or instrument, and suffering such Recovery. Pretence PRETENCES, CHARGES, &C. 51 P ret cnce and Char ge in a Bill by Vendors against Vendees, for the specijic Performance of an Agreement. Pretends, that Plaintiff* cannot make a good title to the said premises, or such as a purchaser is bound or compellable to accept. Charge the contrary, and that Plaintiff can make a clear and indisput- able title to the said estate and premises, and that the said title hath long since received the approbation of counsel ; and that Plaintiff hath caused an abstract of the said title to be delivered to the Defendant, or to his solicitor, and that they, nor either of them have ever made any good and sufficient objections thereto, but nevertheless, Sec. PretencCf Charge, and Inquiry as to a Release, or Dis- charge, set up by Defendants, and charging Fraud in obtaining the same. And at some times the said confederate B. pretends, and gives out that the said C. in her life-time executed some deed or other instrument in writing, whereby she acquitted, released, and discharged him, the said B. from the payment of all sums and sum of money due from him in respect of the matters aforesaid, and from all claims and demands whatsoever in respect thereof, or to some such or the like purport or effect. Charge. Charges the contrary thereof to be true, and moreover that the said C. never did make any such release or discharge to him the said B., as hereinbefore pretended ; or if she did give or execute the same (but which Plaintiff does not admit) she was grossly deceived and imposed upon in relation thereto, and that the same was obtained from her, or she was prevailed on to execute the same by some unfair means or practices used in that beh;\lf by the said B. And as evidence thereof Plaintiff charges that the said C. never gave any directions or instructions what- soever to any person to prepare the same, nor was the same drawn or prepared by any person employed by or on the behalf of the said C, but that such pretended release or instrument, if any such there were, was drawn or prepared by or under the order or directions, or from the instructions of the said B. and by some person employed by him. And Plaintiff moreover charges that no draft of the said pretended release or instrument was perused by the said C, or any person on her behalf, at any time previous to the execution thereof, nor was the same sent to or laid before any person for such purpose. And Plaintiff further charges that the said pretended release or instrument was produced and brought to the said C. ready drawn and prepared for execution, and she never perused or read over the same, nor was the same read over to her, or however not truly in her hearing, nor were the contents thereof made known or fully explained to her at any time previous to, or at the time of the execution thereof; but the said pretended release or instrument was stated or represented to her to be of some purport^ tenor^ or effect, differetit 32 PRETENCES, CHARGES, ScC. difFerent irom what the same really was, and that she would not have signed or executed the same in case she had known or been fully apprised of the real purport, tenor, and contents thereof. And Plaintiff furUier charges, that a considerable sum of money was due and owing from the said B. to the estate of the said C, Plaintiff's father, and also to the said C. or one of them, on the accounts aforesaid, at the time of the execution of the said pretended release or instrument, notwithstanding Mhich the said B. did not pay all or any part of such money, nor any sum of money whatsoever, as the consideration for her executing the said pretended release or instrument, nor did the said C. receive any other consideration whatsoever for the same ; but nevertheless the said B. re- fuses to discover or disclose, as Plaintiff himibly insists he ought to do, by whom and from uhose orders and instructions, and by whose direc- tions the said pretended release was drawn or prepared, and where, in "whose presence, and when the same was executed by the said C, and the names and places of abode of the subscribing witnesses thereto. And under the circumstances aforesaid Plaintiff" charges and insists that the said pretended release or instrument (if ever such was executed) ought to be delivered up to be cancelled, as having been fraudulently and unfairly obtained from tiie said C; but nevertheless the said confe- derate insists upon the contrary, and claims the full benefit of the said jiretended release or instrument, and threatens and intends, in case Plain- tiff shall proceed at law against him, touching the matters aforesaid, to set up the said pretended release or instrument in bar thereto, or to any action to be brought in that behalf, &c. Inquiry. And in case the said B, shall pretend that the said C. in her life-time <;xecuted any deed or other instrument in writing, whereby she acquitted, releaiicd, or discharged him the said B. from the payment of all or any sums or sum of money, due from him the said B. in respect of the several matters aforesaid, then, that he may set forth the same in the very words and figures thereof, and may produce and leave the same in the hands of his clerk in Court for the usual purposes, and that the said 13efendact may set forth and declare whether the said pretended release r on the behalf of the said C, and whether tJie said C. did *;v xccule or sign the same, and when or about what time and V ! ^1. igned or executed the same; and whether she was not grossly, or iq some and what manner imposed upon in relation thereto, and that the said Defendant may also set forth the names and places of abode, of all and every tlie persons who were then present, and whether they or any and which of ihcm, or at any and wiiat other lime, set and sub- scribed their or his names or name as witnesses or witness thereto, in her presence, and may also set forth the places of abode of such wit- nesses or witness thereto, and by whom ?uch writing was prepared and drawn, and particidarly whether or not by him the said Defendant, or Ly his orders and directions or procurement, or by some and what per- son or persons employed by him in that behalf, and where the persons ]ivc who j)reparcd such writing, ami whetlier tiie said C. deceased ever, and when, and ou what occasion, and in what manner, and whetlier in writing, PllETEXCES, CHARGES, &C. 33 writing, or how .otherwise, and where, gave any and what directions or instructioiib-, and to whom, for preparhig the same, or declared any in- tention of making such writing, and how she at such time or times ex- pressed licrsclf relating thereto; and that the said Defendants may set forth the names and phices of abode of all persons who were present at the time or times of giving such directions or instructions, or making such declaration or declarations, and if /he same were or was given in writing, then tlint he may set forth whether the same are, or are not now, or at any and what time or times, and wlien last were or was in his custody or power, or what is become thereof, and of whose hand writing the same arc, and may set forth the same in the very words and figures thereof, or at last as fully and particulaily as he is by any means able; and may also set fordi the particulars of such directions or instructions, which were not in writing, as fully and as near thereto as he is by any means able, and all and every the reasons why the same were not given in writing, and whether s>uch writing was wholly agreeable to sucii instructions, or did not, in some and what manner, ditier or vary therefrom, and for what reason ; and whether any draft or copy of the said pretended release or instrument was delivered to the ssv.M'., or any and w'.iat person on her behalf, at anytime, ar.d how ]o';;r hefore the execution or signing thereof, or why not; and whether the said pietendcd release w as read over by lu-r, or by any and what person o!i her bih-.ilf, and whether or not truly in her hearing any, or how long lime before, or at the time of her executing or signing the same; and whether any and what information and representation was then, or at any and Nvhat time before given or made to her, and where, and by wlion], in whose presence, widi respect to the nature and contents and effect of such instrviment or writing; and may set forth all and every the particulars of such information and representation, and whelher each and evcrv, or any and w I'.at particulars tliereof was or were wholly, or in any and what respect true or false, and all and every the reasoiis why fiuch i'zihe information oi* representation was given or made ; and whe- ther, at the time of executing and signing the said pretended release or instrument, she by any and what means, knew or understood the opera- tion, nature, or purport thereof, or whether she did not then understand or apprehend the saaie to be of some and what purport or effect dsltereiit froiii what the same really was; aid wliether the said C. would have signed or executed the same, if she had known or been in any manner apprised of the real purport, tenor, and contents thereof. And that the said Defendant may set forth whether a considerable, or some and what sum of money was not due and owiiig from him the said Defendant to tjie said estate of the said D., and also to her the said C, or to one and which of them on such account as aforesaid, or on some and what other account, at the time of the execution of the said pretended release, and wbelher the said Defendant did then pay all or any and what part of such money, or any and w hat other sum of money, as or for the considt ratioii for her executing or signing the said pretended release or instrument, or whether the said C did really and bond fide receive any and what other consideration for the san^>e ; and that the said Defendant may set forth the leal particulars of such consideration, (if any such there was) and of what the siime and every part thereof consisted, and iiow and in wliat Ojanner, and when and where the same, and every or any part iheieof was y paid. 34 ' PRETENCES, CHAilGES, &:C. paid, given, or received, and that the said Defendant may set forth whe- ther he does not threaten to set up the said pretended release in case Plaintift'shonld proceed at law against him, touchuig the matters aforesaid in bar thereto, or to any action brought in that behalf, Scc. May it please, &.c. Pretences^ Charges, and Inquiries y in a Rill hrouglil for the Discovery of the Account upon ic'iick a Remittance zvas madcy Plaintiff claiming Part of it as a specific Remittance for him. Sometimes pretend that they never received such remittance or sums of money us aforesaid, or any other remittance or sum or sums of mo- wey from the said I. C. on account of the produce or money arising from, or by the sale of the aforesaid cargo or any part thereof, or any directions to pay or apply the same. But at other times, admitting the contrary thereof to be due, they pretend that they ha\^e long since ac- counted with PlaintiflF for the same, and paid unto Plaintiff one equal third part thereof, and that Plaintiff hath not now any demand on them, or either of them, in respect thereof. Charo-e contrary, and so at other times, 6cc. ; but tlien they pretend that the remittances made unto them by the said I. C. in manner herein- before mentioned, Avere made to them generally on account of the said I, C, and not on the account, or for tiie use of the ow ners or other persons interested in the said cargo, nor on the particular account of the produce or money arising by sale of the said cargo; and tliat therefore they placed the same generally to the account of the said I. C. to whom alone tiiey pretend that they are accountable for the same, and that there- fore diey are not liable to account for, or pay the same or any part thereof to Plaintiff", but that Plaintiff must resort to the said I. C. for payment or satisfaction, in respect of the money received hy him for the sale of the said cargo. Charge, Contrary, and also that the said bill, for the sum of £ or the sum of £ , never was the property of the said I. C; nor was the same, nor any of the money arising by the sale of the said tar'^o, remitted or sent to the said confederates by the said C. I , on his own private account with them, or to be placed to his own credit with tJjem, but tiie same was meant and intended, and ought to be considered as a specific remittance of the produce or money arising by sale of the said cargo, to be placed to the credit of the owners thereof, or of the persons interested therein ; and therefore the said confederates have not nor ever had any right or authority to place the same or any part thereof to tin; general account depending between them the said I. C, or to any other arcrjimt than that of the owners of the said cargo, to whoui such money In-longed, or for who.se use and on whose account the same v\aa remitted or sent to tlicm the said confederates, who aie or ouglit to be considrn-d as trustees for the said owners, in r( spect of such money, and therefore I'laiulilf humbly insistb that the said confederates are accoujitable for. PRETENCES, CHARGES, &C. 35 for, and liable to pay unto Plaintiff, one-tliird part of all such monies a$ have been remitted to and received by tliem on account of the pro- duce of the sale of the said cargo. Moreover ciiarges, that the said sum of £ , was originally placed by the said confederates ia their books or book of account to the credit of the owners of the said cargo, or to some such or the like account, and not to the credit or ac- count of the said I. C. wiih the said confederates, and so the same v\ould appear in case the same confederates would set forth all and every the entries of their books of account relating to such remittances, and the matters and transactions aforesaid, and would produce and shew to th|^ Plaintiff the books of account in winch such entries were made, and Mhich Plaintiff humbly insists ihey ought to do, but which nevertheless they refuse to do. And Plaintiff moreover charges, that the said confe- derates for some time after the aforesaid remittances were made to them by the said I. C. meant and intended to account for and pay unto Plaintiff his third part or share, or such other part or share as he was entitled to, of and in the produce of the sale of the said cargo, and which was remitted or sent to the said confederates as aforesaid, but that the said 1. C. having Isccome insolvent, or in desperate circumstances, and being iuueuted to them in some very large or considerable j'Ums of money, they have formed a plan or scheme to discharge or reduce the debt due. and owing to them by the said I. C. by placing the produce of the sale of the said cargo so remitted to them as aforesaid, to the ac- count of the said 1. C. and applying the same as the property and effects of the said I. C. and that the said confederates never meant or intended to apply the same in that manner, or to place the same to the separate account of the said I. C. until he became insolvent or in desperate cir- cumstances; and that they would not have attempted the same in case the said ]. C. had continued solvent or in good circumstances, and that the said confederates considered themselves as debtors to the said owners of the said cargo for the amount of the said monies so received from the said I. C. particularly to Plaintiff for his part, share, or proportion thereof, until the said i. C. became insolvent or in desperate circum- stances, or until they suspected the solvency or responsibility of the said I. C. Charge. Further charges, that besides the several letters, papers and v/rltings hereinbefore mentioned, and charged to be in the custody or power of the said confederates, they the said Defendants have now, or lately, or at some time had in their or one of their custody or power, sundry let- ters, notes, or written messages, copies, dr;d\s, abstracts, or extracts of letters, notes, or written messages, which were written or sent by them the said confederates, or one of them, or received by them from, or which passed between them, or one of them, and the said I. C. and W. H. or some other person or persons, relating to the matters and transactions' aforesaid, and particularly the remittance made unto them the said confe- derates in manner aforesaid, on accoTuit of the produce or money arising by the sale of the said cargo ; and also various other papers and letters, memorandums and wrlitii.g-i, relating to or in some maimer concerning the said uiatters and transactions, unless the said confederates have vvilluily «nd intentionally burnt, destroyed, altered^ obliterated, or defaced the p Z said 36 PRETENCES, CHARGES, &C. said letters and other papers, which, in case the sair.e was dome, was v.jtli' a view to prevent a production thereof, and of the several matters and information therein contained. Pretence and Charge in a Bill for the Payment of an Annuity charged on an Estate lately purchased by Defendant, charging him with Notice. And at some times the said confederate pretends, that he purchased the said estate and premises for a full ar.d valuable consideratiois, without notice of the said annuity or yearly reut-chaige thereon, and therefore he insists, that although the said yearly rent charge u;ay not have been redeemed, yet he ought not to be aftected thereby. ChargCj not a valuable Consideration, Charge, that the money paid by the said confederate for the purchase of the said estate and premises, was not a full and vaUiable consideration for the absolute purchase of the fee simple and inheritance thereof, free from die suid yearly rent-charge, and that he, or some attorney or agent concerned for him in or about such purchase, or preparuig the convey- ance executed on the occasion, before, or at the tune of die execution thereof, or payment of such purchase-money or some part thereof, had some knowledge, notice, information, belief, or suspicion, or reason for belief or suspicion, and did in his conscience believe or suspect, diat the said estate and premises, or some part thereof, were or hud been sub- ject or chargeable with the payment of the s-ud annuity or yearly rent- charge, and particularly the said Defendant, or such attorney or agent, before or at such time read, or had in his cuslody, or saw, a copy, a'j- stract, or extract of the grant of the said yeaily rent-charge, and also some receipt or receipts for the same, and some letter or letters, or copies, drafts, or extracts of some letter or letters relating thereto. And the said vearly rent-charge was deducted or mentioned in some particular of the said estate and premises which was delivered to him the said De- fendant, or some attorney or agent for him, previous to his purchase thereof; and jegard was had thereto in settling the price to be paid by the said Defendant for the s:iid estate and premises, by deducting a con- siderable sum as the value of the said yearly rent-cliarge ; and out of tlie value of the said estate and premises to be sold free from such charge, and a furdier deduction was also made thereout, in respect of the great arrears of the said yearly rent-charge at that time, and the said ycaily reiU-cliarge was excepted or otherwise mentioned in the con- veyance of tiie said premises to the said confederate, or otherwise by some covenant or clau>pect of the balance of the said Testator's accounts as Keteiver of the l.md tax and otherwise, and his Majesty's Attorncy-Ge- iicral, on behalf of his Majesty, claims a large debt to be owing to his Majisty on such account, but refuses to discover the particulars of such debt. Sec. Inquiry. That his Majesty's Attorney-General may answer and set forth who- thu" any and what bum of money is uow remaining due to his Majesty, ia PRETENCES, CHARGES, SiC, 3^ n respect of any and what debt or debts which was or were, in any and what manner, and on what account owing to his Majesty from the said Testator at the time of his death ; and whether the whole or any, and wiiat part of such money was secured by any and wliat d(?ed or deeds, writing or writings, and w here and by whom executed, and may set forth the debts and material contents thereof. Char««— « Pretence, Charge, and Inquiry, as to the due Execution of a IV illy in a Bill brought to establish a JVill. But then he pretends that the said A. did not make such will in writ- ing, or however that he was not of sound and disposing mind and me- ujory at the time of making the same, or that he was imposed upon in the making thereof, and that therefore the same ought not to have any effect as his will, and consequently that neither of the said Piaintifis hadj any right to the said premises, but that upon the death of the said 'I'estator the messuages, ^c- descended to him the said Defendant as his heir at law. Charge. Th.e contrary, and that the said A. did really make such last will and testament as aforesaid, and that he was at the time of making the same of sound and disposing mind, memory, and understanding, and that he was not in any manner imposed upon therein, or in relation thereto, and that the same was prepared by his direction of and from instructions given l)y him, r-nd that the same was read over by him, or some person in his hearing, before or at the time of his executing die same, and that he then well knew and understood the contents and meaning thereof. Inquiry, Whether the said A. did not make some such will, &c. Whether he was not of sound, &c. Whether the same was not prepared by his di- rections. And whether he did not give instructions, and to whom, for preparing the same. And whether the same was not read over by hira, or by some and what person in his hearing, some and how i.^;g time before, or at the time of his executing the same. And whedier he did not fully, or in some and what degree know and understand the purport and 40 PRETENCES, CHARGES, &C. and contents of such will, at the time of his executing the same. And V hetliei- he wus in any and what manner imposed np<;n therein, or in rehjiion thereto, and may set forth all and eveiy the particulars of such iniposilions. ' ., Pi'ettnce^ C//arge, and Prayer, in a Bill for Redemption of Premises mortgaged to Difendant. Defendant, J. S. pretends ihat the rents and profits of the said mort- gaged premises, during his possession thereof, have not been more than suiiicient to keep down the interest on the principal sum paid by him as tlie contractor for the said assignntent of the said mortgage. ^^ hereas Plaintiff charges the contrary thereof to be tlie truth ; and so it would appear, if the said Defendant wouhl set forth, as he ought to do, a full, true, and perfect rental and particular of all and singular tlie said mortgaged premises, and by whom the same have been respectively occu- pied, since the possession thereof by the said Defendant, and at what yeaily and other rent and value, and a full and true account of all and every sum and sums of money received by the said Defendant, or for his use, for tlie rents and profits of such premises, and wheuand from whom, ^nd for whiit in particular the same were so received. Charge, that the said Defendant hath, from time to time, kept account of the rents and profits of the said premises, as the mortgagee thereof, and Jiath, in other respects, long since the said assignment so made to him a3 aforesaid, treatfd and considered himself as the mortgagee of the said premists ; and in particular riaintiff charges, that the said Defendant, ^ome time since, caused a bill for the foreclosure of the equity of redemp- tion of the said mortgage, to be filed in some couit of equity, or to be prepared for that purpose ; and the said Defendant, at some time, pre- tends, that the said equity of redemption w as absolutely foreclosed by the decree of some competent court, but the particulars thereof, and ai what court, the s:u(l Defendant refuses to discover. Charges, that if any such decree was made, that the same is not binding upon l^laiulitf, inasmuch as the said G. A. who was then entitled to the said equity of redemption, w;is not a party thereto. Prayer. Charges, that the said Defendants, M. S. I. S. and M. B. claim some jig!. I and interest in tlie premises; but how ihey make out the same they respectively refuse to discover. All which, Sec. That an ac- count may be taken of the principal money paid by the said De- fendant J. S. on the assignnur.t of the said mortgage so made to . him as aforesaid, and of the interest which hath since accrued there- on ; and also an account of the rents aiul profits of the said mort- j^agrd premises, which have been possessed or received by the said ])efendant, or any other person or persons by his order, or for his use, or which, without his wilful defiultor neglect, might have been reeiiived, and \\hai shall be coming on account of the said rents siiid pr(jlils, may be applied, in the first place, in payment of the interest, and then in sinking the princij)al due to the said Defendant, on thtbaid nioiigage, and the residue^ if any, paid over to Plaintiff; aud PRETENCES, CHARGE'^, &C. 41 ftntl that the said Defendant^ in such case, or if it shall appear that any thing is remaiuing due to the said Defendant on the said mort- gage, then, upon payment by Plaintiff of wliat is due, may be de- jcieed to assign the said mortgaged premises to Plainliif, or to whom he shall appoint, free from all incumbrances, done by him the said Defendant, and may deliver up the possession of the said mortgaged premi>ies to Plaintiff, together vvitli all deeds and writings relating thereto. [And for general relief.] Charge and Inquiry, as to Entries and Letters. And so the same would appear, from divers entries and memoranda, or some entry or memorandum made by them, the said confederates, or one of them, in and upon some books or book of account, papers, or paper writings or writing, in their or one of their custody, possession, or power, unless they have wilfully or negligently lost or destroyed, defaced or altered the same, and also from divers letters which passed between them, or oiie of them, and the said W. iSJ. or Plaintiff, and the same or some copy or copies, extracts or extract thereof, or therefrom, now also are or is in their, or one of their custody, possession, or power, unless - they have wilfidiy and designedly lost or destroyed, obliterated or de- faced the same, ik.c. Inquiry. And that the said confederates may set forth, whether they, or one and Mhich of them, or some and what persons or person, on their or one and which of their behalf, have o/ hath not made some and what entries or meDioraiula, entry or memorandum, in or upon some and what books or book of account, papers or paper writnigs or writing, of or concern- ing all or some, or one, and wliich of the matters aforesaid. And whereas all or some, or one, and which of such papers or writings, are or is not now, or at sonie and what time or times, and when last in the custody, possession, or power, of them the said Defendants, or one and which of them, or some and what peisons or person, on their or one and which of liheir behalf, or \>.hat aie become of die same respectively. And that thev ijiay also set forth a full, true, and exact list or schedule thereof, and may produce and leave ail such lasjt mentioned books, papers, and writ- ings, in tlie hands of their clerk in Court, for the usual purposes. And whether any such entries or memortuida, or any and wiiich of them, or some and what parts or particulars thereof respectively, have or halh been, since the making thereof respectively, in any and what mamier, al- tered, obliterated, defaced, burnt, tore, or otherwise and how destroyed, and when and by whom, and whether or not by the direction or with the consent or privity of tliem the said Defendants, or one and which of them, imd whether or not intentionally or designedly, and for what purpose, and with what view, intent, or design. And whether some, and what letters or letier, written messages or message, did not, and when; pass between ihem the said Defendants, or one and which of them, and the said W. M. Or Plaintiff, touching or concer.iing aii, or some or one, and which of the matters aforesaid. And whether all or some or one and which of fcuch letters, or some and what (iraflsor draft, copies or copy tiiereof, ab- stracts or abstract, extracts or extract therefrom, are or is not now, or at *■ ' some 43 PRETENCES, CHARGES, &C. some and what times or time when last were, or was not in tlie custody, possession, or power of ihcm the said Defendants, or one and which of them, or some and what persons or person, or their or some or one, and which of their behalf, or what are or is be- come thereof. And that they may set forUi a true and exact list or sche- dule thereof, and may leave all such last mentioned letters, drafts, copies, abstracts, or extracts, in the hands of their clerk in Court, for the usual purposes. And whethersuch letters, or any and which of them, have or hath been burnt, torn, or otherwise, and how obliterated, destroyed, al- tered, or defaced, and when and by whon). And whether or not by the directions, or with the privity or consent of them the said Defendants, or one and which of them, and whether or not intentionally or designedly, and for what purpose, and with what view, intent, or design. And your Orator charges, that several letters, notes, and messages, have been written and sent to and from, and passed between the Defendants respectively, and some other person or persons, touching and concerning the several transactions and matters aforesaid, or some of them, relating thereto, and all or most of them, or some drafts, copies, extracts, minutes, and memoranda thereof, now are or lately were in the custody or power of the Defendants, or some or one of them, or some person, with their privity ; and Uiey can and ought to produce and state die con- tents thereof, and the Defendants, some or one of them, or some person, with their privity, have, or lately had, in their custody or power, several deeds, instruments, letters, papers, and writings, or drafts, copies, extracts, minutes, or memoranda, of deeds, instruments, letters, papers, and writings, whereby the means and contrivance made use of by Defendants to disappoint your Orator, and all or most of the transactions and matters herein stated, or some of them, wdl appear, or in anywise tending to a discovery thereof, and partly all or nioslof die deeds, instruments, letters, papers, and writings, hereinbefore mentioned, or referred to, or copies, drafts, minutes, extracts, or ?«e/?/om//(/a of the same, and wiiich would materially assist and enable your Orator to commence and prosecute the intended action and actions to be brought by and at the suit of your Orator, against the Defendants respectively, provided he would compel a produc- tion and discovery thereof, but wlucii he is unable to do, or obtain a full and fair discovery, touching the transactions and matters aforesi^idj with- out the assistance of a CouJt of Equity. I)iquirij. And wheUier some and what letters or letter, notes or note, messages or message, have or hath not been written or sent to or from, or passed be- tween the Defendants lespcctively, or some of them, or some other per- .son or persons, toncliing liie transactions or matters aforesaid, or some and whichof them, rehuiiig thereto, and where and in whose custody or |)Ower are the same, and each and every of them, or what is become thereof, and whether all and every, or some and which of them, or some and w'hat drafts, copies, extracts, minutes, or memoranda diereof, or of some and whicli of them, are or is not now, or lately, or some time, and when last, w. re or was in the cust-ion, reversion or remainder, is vestcil, and the [vn ticulurs of such estate, right, title or interest, charge or incinnbrance, and how ami in what manner tliu same btxame vested in such person or persons, under what deeds or deed, writings or writing ; and tliat his Majesty's Attorney-Ge- neral may answer the matters aforesaid, and set forth whether he on behalf of his Majesty, claims any aid what right, title or interest in or to the said PRETENCES, CHARGES, ScC. 45 saul estate and legacies aforesaid, and any and which of* them, or any and what part thereof, and liow and in what maimer, and by what means. Prayer. And that an account may be taken of the money due for the legacy of £ given to the said G. D. and interest thereof, and that the same may be paid to Plaintiff out of real estate of said I. D. and that a competent part of said estates may be sold or mortgaged for that pinpose; and that all proper parties may join in such sale or mort- gage, and in order to such sale or mortgage, that all the title deeds and writings relating to the said estate may be produced, Sec. Inquiry after Title to real Estate. And that the said confederates may also set forth what right, title, or inUttsl tiny respectively have, or claim, in or to the real estate, late of the said It. or any and what part thereof, and how and in what manner they derive and make out the same, and by and under what deed or deeds, writing or writings, and may set forth the dates and contents of all such deeds and wiilings. Inquiry after personal Estates, Aiid tiiat the said A. may either admit assets of the said B. come to his liands or use sufficient to answer your Orator's aforesaid demands thereon, or may set forlh a full, true and just inventory and account of all and sin- gular the goods, thattels, peisni.al estate and effects whatsoever, which the said B. was possessed of, interested in, or intiiled to, at the time of his death, and were not speciHcally bequeathed by his said will, and all the par- ticulars whereof the same consisted, and the quantities, qualities, fuil, real and true values of all and every such particulars, and whether all or some, and which of such particulars have not, and when, been possessed or re- ceived by, or come to the hands of him the said i\. or of some and what perijon, by his order, or for his use, and how and in what manner, and when and where and by and to whou), and for how much the same and every or any and what parts thereof hath or have been sold or disposed of, and whether any and what parts thereof, and to what value and amount now remain undisposed of, and w hat are become thereof; and also a parti- cular account of all and every the debts whatsoever, which were justly due and owing from the said 13. at the time of his death, and to v\hoin and for what, and on what, securities, if any, the same were respectively due, and whether any and what sums of money have been since, been in or towards the discharge of all or any, and which of the said debts, and when and by v\liom and to whom and for what, and whedier any and what sum or sums of money do or doth now remain unpaid on account thereof. Inquiry after Interest made of personal Estate. And that the said Defendant may also set forth all and every the particu- lars of the personal estate of the said Testator, which were out at interest at 46 PRETENCES, CHARGES, &C. the time of his death, and on what government or other security or securities, and in whose name or names, and what rate of interest was payable tliereon respectively, and the dates, parties' names, and all other material contents of such private parties ; and whether the whole or any and what part of all or any, and which of such principal sums have or hath been continued on such securities respectively, during all or any and what part of the time since the death of the said Testator, and what sum or sums of money have or hath been received, and when and by whom and for whose use, and from whom, by sale of all or any, and what part of the principal money in all or any and which of such goveriunent secu- rities, or in or towards discharge of the principal money due on all or any, and which of such private securities ; and whether some and what sums or sum of money, which were or was part of the personal estate of the said Testator at the time of his death, and which arose there- from, have or hadi not been since, and when, placed out at interest, in any and what public or private securities or security, and in whose name or names, and at what rate of interest, and what particular sum or sums in such public securities or security were or was purchased, with eaeji of such sums of money, and the dates, parties' names, and all other material contents of all and every such private securities or security; and x^helher the whole or any and what part of all or any and which of such sums hath ever since the same were so respectively laid out for any and wiiat times or time afterwards continued on such security or securities respec- tively, and what sums or sum of money have or halh been received, and when and by whom, and for whose use, and from \x horn, by sale of any and what part of the principal money in all or any and which of such public securities, or in or towards discharge of the principal money art thereof which have become due since the death of the said R. and when and by v\hom and for whose use, 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. Inquiry after Fines and oilier casual Profits of Manor. And that the said Defendants may respectively set forth a full, true, and just rental and particular of the said manor and estate of A. and of every part thereof, and in whose tenure or occupation the same and every, part thereof was from time to time, from, to, and under wliat yearly or other rent or rents, and when due and payable ; and also a full, true, and particular account of all fines which during the same period of time were set,, or arose or become payable, or were agreed to be paid upon the renewal 48 PUETEXCES, CHARGES, ScC. renewal or renewals of any lease or leases of any estate or tenant, part of the said manor or other estate, and of and from whom, and for the re- newal of what lease or leases of what estate or tenement ; and also a full and particular account of all other casual profits wliich in such time arose or became due or payable for or in respect of such manor and estate, and every or any part tiiereof, and w hen and for, or in respect of what particular, each and every particular arose and became due; and also a full, true, and particular account of all and every mm and sums of money received by or by the order, or for the use of them tiie said De- fendants respectively, or either of them, for or in respect of the ordinary rents, fines, quit-renls, and other protits of the said manor and estate, and every or any part thereof, which arose and became due between and , and \^ hen and from whom, and for what all and every such sums were respectively received. . Prai/er. That an account may be taken of all and every sum and sums of money which halh ar.d have from tjrae to time been received by, or by the order, or for the use of them the said Defendants, or either of them, for or in respect of ihe rents, fines, heriots, and other pro- fits and emoluments of or belonging or incident to the said manor and estate, and which became due between and Ijiquiry in a Bill to staij JVaste. To the end therefore, &c. and whetiier the said messuages or tene- ments, and the buildings, gales, stiles, rails, ar.d fences on the said estate or premises were not in good repair and conditi-jn at the lime of his en- tering tliereon ; and whether all the lancis, whereof the said tenement or estate consists, were not then in good heart and condition, or whether any and what particulars of the said messuage or tenement, buildings, gates, stiles, rails, and fences were then in any and what re- spect or degree out of repair or in bad condition ; aiid whether any and what particulars of the said lands were then in any and what respect or degree in bad heart or condition ; a)id whether he the said Defendant hath constantly since he halh been in possession. Sic. of the said esiaie or tenement kept the said messuage or tenement, and all the said buildings, &c. in good repair and condition, or wliether some and what particulars are not now in some and what degree out of repair, or in bad repair, ancJ particularly \\lietlier or not in some and what respect or degree in a worse state of repair than liie same respectively were at the time w!i(u he the said Defendant entered ihereon, and how long time the same have been so, and how nmch) as near as he can compute and form a liclicf, it would cost to put ihe sanie in got)d repair and condition, and particularly into as good rr j)air and condition as the same were in at the time of his the said l-)efcndanl's entering thereon; and uhelher he hath constantly, since he hath been in possession of the said estate or tenement, used and cul- tivated the whole of the lands whereof the same consist, m a pro|)er and carffcd mannrr, and in a good course of husbandry, accoiding to the niclhod uicd in the neighbourhood thereof, and ihc terms and conditions PRETENCES, CHARGES, ScC. 49 of the said lease, or whether he hath not and how often used or cultivated such lauds or any and what part thereof, in some and what manner, contrary to and different from such method, and the terms and condition^ of the said lease, and more to tlie prejudice of the said lands, and parti- cularly whether he hath not, and how often, and when, ploughed, or caused to be ploughed up, some and what parts of the said lands which by the terms of the said lease he was not at liberty to plough, and may set forth all the particulars of the said lands which by the terms of the said lease he was not at liberty to plough ; and the names, quantity, and other descriptions thereof, and whether he hath not, and how often, and when, and in what manner neglected to manure and improve all or some and what parts of such lands, according to the method used in the neighbourhood thereof, and according to the terms and conditions in the said lease ; and whether ail, or some, and what parts of such lands are not by all, or some, and which of such acts of mismanagement or neglect, or by some and what other means, in some and what respect or degree impoverished, or rendered or become in a worse condition than w hen he the said Defendant entered thereon ; and what time, or how much money, as near as he can compute the same, it will require to put such lands into as good plight and condition as the same were in at the time when he entered thereon. Prayer to a Bill of Foreclosure. That an account may be taken of the several sums of money now re» maining due and owing unto Plaintiffs respectively, for principal or in- terest on their said several and respective mortgages and securities; and that said Defendants, or some or one of them, may be decreed to pay unto Plaintiffs respectively, whatever shall be found due and owing unto them on the taking of said account respectively, together with Plauitiffs' costs, by a short time, to be prefixed by this honorable Court, or in default thereof, that said Defendants and all persons claiming under them, and each and every of them, may be absolutely barred and foreclosed of and from all right and equity of redemption to and in said mortgaged estate and premises, and every part thereof. Plaintiffs offering, upon payment of the monies due to them as aforesaid, together with their said costs, to join and concur in all necessary acts and deeds for conveying said mortgaged manors, hereditaments, and premises, in such manner as this Court shall be pleased to direct if it should be necessary for them so to do. And for further relief. Conclusion to a Supplernental Bill and Prayer* That the time limited in the aforesaid indenture or deed of covenants being elapsed, and the agreement and engagement thereby made not being performed. Plaintiffs are now entitled to have the benefit of said suit and proceedings therein, and to prosecute and carry on the same against said Defendants, in the same manner as they would have done in case said last mentioned indenture or deed of covenant had not been made, and to have the benefit thereof against said VV. H. P. and T. W. assignees of said bankrupt ; and that said Defendants ought to answer Plaintiffs said original and amended bill at the same time they answer B this 50 PRETENCES, CHARGES, &C. this Plaintiff's supplemental bill ; to ibe end, therefore, that Plaintiffs may have the beneht oi said suit and proceedings therein against said Defendants, and may have the same relief against them as they would or might have bad in case the said last mentioned deed or indenture had not been made, and S. C. had not become a bankrupt ; and in case de- fault shall be made in payment of said principal sums due and owing to Plaintiffs respectively, on their said several and respective securities in said original bill stated, with interest for the same, then that said De- lendant S C. and his heirs, and also his said assignees, and all claiming under them, may be debarred and foreclosed of and from all right and equity of redemption of, in, and to said copvhold premises comprised in said indenture or deeds of covenant. And for further relief. Prayer to a Bill filed by Partners after the Dissohitio??, against the present Partners, to have the Stock, Pre- mises^ and Effects^ sold for Payment of old Debts, and an Injunction to restrain them from alienating the said Concerns. And that an account may be taken of all and every the debts and de- mands which were due from your Orators and the said P, J. B. in their copartnership tirm of or in respect thereof, at the time o<" ONecnting the said indenture of die day of and whit li hii\e ndt been paid and sali:-}ied by the said p. J. B. or the said other Defendants ; and that the* said several Defendants may be declared to be answerable for the amount of what shall be found due on such account; and that it may also be declared that vour Orators have a lien to the amount of what shall be found due on such account upon the copartnership stock, premises, debts, and etfects, \^hich were assigned by your Orators to the said P. J. B. in consideration of his engagement to exonerate ycur Orators from the payment of such debts ; and that, if necessary, the said copartner- ship stock, premises, and effects, may be sold and applied in satisfaction of such debts, under the decree of this honorable Court, and that all proper directions may be given in that behalf; and that the said De- fendants may in the mean time be restrained by the injunction of this honorable Court from alienating the said copartnership stock, premises, and effects ; and that the said covenant in the said indenture of the day of w hereby your Orators are restrained from engaging in or carrying on any part or branch of making or manulacturing iron under anv modilication whatsoever, or any articles or utensils made of iron, MiUiiu forty statute miles of may be reformed, ac- coidmg to the intent and agreement of the partners respecting the same as afoiesaid. And for further roliet. J. L. Prayer to a Bill filed by Ileir at Law against Devisee, to recover Possession oj' Estates. And that the said Defendants may answer the premises; and that they may produce and h ave in the hands of their clerk in Court, or otherwise as this honorable Court shall direct, all deeds, wills, and other writings, iu PRETENCES, CHARGES, &C, 51 in their custody or power, or in the custody or power of any oilier person or persons for their use, rehitinn to the estate of your Orator or his ances- tors ill the said messuage and lands ; and that your Orator or his agents may be at liberty to inspect the same and take copies thereof, in order that your Orator may be enabled to pursue such remedy at law for the recovery thereof as he shall be advised. And for further relief, Stc. Interrogatory and Prayer in a Bill against Assignees, for an Account oj' separate Estate of Bankrupt, And that the said confederates may set forth a full, true, and just account and particular of the separate estate and eifects of the said C. S. which have been sold or disposed of or possessed or received by them or either of them, or by any other person or persons by their or either of their order, or for tlieir or either of their use, and of the produce thereof, and what part thereof now remains in their hands undisposed of. Prayer. And that the said Defendants may answer the premises ; and that an account may be taken of the separate estate and effects of the said C. S. which have been possessed and received by tlie said M. M. &,c. (the assignees) or eitiier and which of them as such assignees as aforesaid ; and also an account of the separate debts of the said C. S. which were due and (jwing from him at the time of the bank- ruptcies aforesaid, and that an account may also be taken of the partnership debts which were due and owing from the said C. S. and T. S. at the time of their bankruptcy aforesaid, and which have been proved under the commission issued against them as aforesaid ; and also of the partnership debts which were due and owing from t!ie said C. S. &.C. at the time of their bankruptcy aforesaid, and which have been proved under the said commission issued against them ; and that the separate estate and etfects of the said C. S. pos- sessed and received by the said Defendant, which shall remain after payment of his separate debts, may be applied raleably and pro- portionably between and in satisfaction of the partnership creditors of the said C. S. and T, S. and partnership creditors of the said C. S. &c. and that for those purposes all proper directions may be given. And for further relief. Prayer to a Bill of Partition. And that a fair partition may be made of the said premises and of the lands thereto belonging, into three equal parts, and tliat a commi.ssion of partition may issue for that purpose, and that the particulars thereof which shall be allotted to yourOratrix may be duly conveyed to the use of her and her heirs for ever, free from incumbrances, &c. by the said B, and that all proper parties may join in such conveyance, PlaintitF humbly offering thereupon to convey all her right and interest in the oiher particulars as this honorable Court shall direct, and tliat the title deeds £ 2, and 52 PRETENCES, CHARGES, Scc. and wrilings relating thereto may be brought into this honorable Court, or left in the hand* of some indifterent person for the said G. F. and your Oratrix; and that such of them as shall appear solely to relate to such particulars of the said estate or premises as shall be allotted to your Oratrix may be delivered to her, and that the remainder of the said deeds or writings, or such of them as shall appear to relate joinlly or equally to all the said premises, may be preserved and taken care of by this honorable Couri, for the mutual benefit and advantage of your Oratrix and the said Defendants ; and that your Orator may be at liberty to take copies thereof, and that possession may be delivered to her of the par- ticulars which shall be so allotted to her, &:c. Application and Prayer to a Bill of Partition. Applied, &c. to join with Plaintiff in making a fair partition and division of the said estate among them or such of them as are really interested therein, according to their respective shares therein, so that each party may enjoy his and their own part in severalty ; and the said parties, or some of them, having in their, his, or her custody or power, several deeds and writings relating to the said estate. Plaintiff hath in like manner requested them to deposit tke same in the hands of some indifferent person, so that the same may be preserved for the benefit of all persons interested tlierein. Prayer. s And that tlie parts and shares jointly belonging to Plaintiff and »11 other persons hereinbefore named, of and in the said estate, may be settled and ascertained, and that a fair partition and division may be made of all such estate between Plaintiff and all other persons who shall appear to be interested therein, and that the particulars thereof which shall be allotted to Plaintiff" as his share thereof, may be thenceforth held and enjoyed by him and his heirs for ever, free from all incumbrances, and that all proper parties may join in such conveyance ; and that such rents and profits may be divided and paid between Plaintiff and all such other persons, according to such their respective rights and interests therein, and that all the title deeds and writings relating to such estates, or to any of them, may be brought into this honorable Court, and there deposited, for the benefit of Plaintiff, and the other persons interested therein; and that after the making of such partition and division, such of the said title deed^ and writings as shall appear to relate solely to any parti- cular tin reof which shall be allotted to any one person may be de- livircd to such person, and that the rest of such title deeds and writings may be kept in the hands of one of the blasters of this honorable Court, for safe custody as aforesaid, &.c. Application and Prayer for a Partition. Plainliff applied to J^cfcudants to joinwitii him in making a fair parti- tion and division of the estate among thcni or such of them as were really PRETENCES, CHARGES, &C. 53 realiy intereslect therein, and according to their respective shares therein, so that eacli party might enjoy his and their own part in scveraUy; and the said several parties, and some of them, having in their, his, or her cu'^- tody or j)ovver, several deeds and writings relating to snch estates. Plaintiffs hath in like maimer requested them to deposit the same in the hands of some indifferent person, so that the same might be preserved for the benetit of all parties interested therein. Prayer. That the parts and shares justly belonging to Plaintiff and all other the parties iiereinbefore named of and in the said estates may be set- tled and ascertained, and that a fair partition and division may be made between Plaintiff and all other persons who shall appear to be interested therein, and that the particulars thereof may be from thenceforth held and enjoyed by him and his heirs in severalty, and that the same may be conveyed to him and his heirs for ever free from all incumbrances and that all proper parties may join in such conveyances, and Uiat possession of such particulars njay be deli- vered to Plaintiff; and that in the mean time one or more proper person or persons may be appointed to receive the rents and profits of such estates for the benefit of Plaintiff and all other persons interested, and that such rents and profits may be divided and paid between Plaintiff and all such other persons, according to their respective rights and interests therein ; and that all the title deeds and writings relating to such estates, or to any of them, may be brought into this honorable Court, and ttiere deposited, for the bene- fit of Plaintiff and the other persons interested therein ; and that after the making of such partition and division, such of the said title deeds and writings as appear to relate solely to any particular thereof which shall be allotted to anyone person may be delivered to such person, and that the rest of the title deeds and writings may be kept in the hands of one of the Masters of this honorable Court, for safe custody as aforesaid. And further relief. Prayer in a Bill against Trustees for selling Part of the I'rust Fundy and converting it to their own Che ; and Injunction to restrain the Bank from permitting the other Part to be transferred. And that the said Defendants, R. S. and W. L, ',iiay be removed from being Trustees under the said indenture of settlement, and that they may be decreed by this honorable Court to replace all such parts of the said stock as hath at any time been sold out or transferred by them, and that they may be restrained by the injunction of this honorable Court from selling or transferring any part of the suid residue of the £ 3 per cent. Consolidated Bank Annuities, now standing in their narnes; and that the said Defendants, the Governor and Company of the Bank of England, may in like manner be restrained from permitting the said £ 3 per cent. Consolidated Bank Annuities, the residue of the said £ like Annuities, to be transferred without the order und direction of 54 PRETENCES, CHARGES, kc. of this honorable Court; and that new Trustees may be appointed by and under the direction of this honorable Court, in the rcom of the said Defendants K. S. and W. L. and that they may be directed to transfer the said sum of £ 3 per cent. Consolidated Bank Annuities to such new Trustees, or as this honorable Court shall direct, and that the divi- dends thereof may be paid to the said I. P. or his assigns during his hie, and after his death, according to the trusts of the said settlement, and for other relief, Sec. Frai/ Subpana and Injunction W. C, against li. S. W. L. and the Go- vernor and Coinpam/oft/ie Bank of England, and Subpcena agaimC J^ruyer to a Bill filed by Persons entitled to ha^vc. Trust Stock divided among theniy and Assets of the Settler applied to make good the Sum zvhich ought to have been settled. And that all the Defendants may severally set forth what right and interest they respectively liave or claim in and to the said capital sum of c£ Reduced Bank Annuities, and said sum of o£ in such Bank Stock as aforesaid, and the aforesaid sum of £ so due Jrom Testator T. B. or his estates aforesaid, or any of them, or any part or parts thereof, or of any of them, or of the interest and divi- dends thereof respectively, or of any of them which have accrued duo respectively since the death of said A. T. M. and how they severally and respectively derive and make out the same, and Prayer. Tliat the rights and interests of Plaintiffs and Defendants to and in the said several capital and principal sums of £ and £ in such Bank Annuities and Bank Stock as aforesaid, and the interest and dividends of the same, accrued since the death of the said A. T. B. or which may accrue due thereon respectively, and to and in the said sum of £ so due from the estate ot the said Testator T. B. the elder as aforesaid, and the interest clue thereon since the death of the said A. T. B. and which shall become due thereon may be ascertained and declared by this Court; and that the aforesaid sum of £ may be decreed to be paid out of the personal estate and effects of the said "^Fcstator T. B. the elder, which were possessed or received by or by the order or for the use of the said A. T. B. deceased, his Executrix, and that the said Defendants K. N. the elder, T. N. and A. G. may a(hnit assets of ilie said 'J estator T. B. the* elder, which came to the hands or nst; of the said A. T. IJ. in their liie time, sufficient to answer and sativfy die aforesaid ddnaiid thereon, or that an account inay be taken of all ihe personal estate and effects of or biloiis;ing to the said Testator 'J'. 1>. ihe elder at the time of his death, w hicli were CO possessed or received by or I)y the order or for the use of the said A. '1'. B. ill her life liuie, and >vhich was not administered and dis- pose4 CONCLUSIONS AND PRAYERS. 55 posed of by her ; and also of his the said Testator T. B.'s debts and funeral expenses now Remaining unpaid, and that the amount of such personal estate and effects may be answered and satisfied cut of the personal estate and effects of the said A. 'I'. B. come to the hands or use of said Defendants her Executors, and that the same or a competent part thereof may be applied in or towards payment of such debts and funeral expenses, particularly the aforesaid debt or sum of £ so due and owing from the said Testator T. B. the elder or his estate as aforesaidl may prny relief ngainstan injury suffered, or only seek the assistance of the Court to enable the Plaintiff to de fend ^HIGINAL BILLS.' 61 defend himself ai^ainst a possible future injury, or to support or defend a suit in a Court of ordinary jurisdiction. Ori- ginal bills have, therefore, been again divided into bills praying' relief and bills not praying relief. — An original bill praying relief may be, 1. A bill praying the decree or order of the Court, touching some right claimed by the person against whom the bill is exhibited. — 2. A bill of interpleader, where the person exhibiting the bill claims no right in opposition to the rights claimed by the person against whom the bill is exhibited, but prays the decree of the Court touching the rights of those persons, for the safety of the person exhibiting the bill. — 3. A bill praying the writ of Certiorari, to remove a cause from an inferior court of equity. An original bill not praying relief may- be — 1. A bill to perpetuate the testimony of witnesses.— 2. A bill for discovery of facts resting within the know- ledge of the person against whom the bill is exhibited, or of deeds, w ritings, or other things in his custody or power. Mit. p. 32, 33. Pursuing the noble author's foregoing arrangement, this chapter will contain a selection — 1st. of Original Bills praying relief, upon various and useful subjects; 2dly, Bills of interpleader ; 3dly, Certiorari Bills. Original bills not praying relief will compose the next chapter. We have in the first bill referred to our first chapter, where the frame and words of course necessary to a bill are discussed and exemplified. But it will not be necessary to pursue this plan farther, as an attentive perusal of that chapter will fully inform the student where these words ought to be placed ; and it is also presumed that no person will attempt the oflSce of a draftsman before he has ac« quired a competent knowledge of his profession. Bill 62 ORIGINAL BILLS PRAYING RELIEF. Bill for the specific Performance of an Agreement, To the Right Honorable John Lord ElJon, Baron Eldon, of Eldon, in the county of Durham, Lord High Chancellor of Great Britain. Humbly complaining, sheweth unto your Lordship, your Orator, R.O. of in the county of , Esq. that your Orator now is, and for some time before the year , was seised or entitled in fee-simple of or to the freehold messuages or tenements, with the lands ?iid other appurtenances thereto belonging, situate in in the county of , and your Orator being so seised or entitled, and being desirous to make sale thereof, did, some time before the of , in the year , employ and empower J. K. of in the said county of , gen- tleman, to agree on behalf of your Orator with any person or persons, at and for such price or prices as he should think tit ; and accordingly the said J. K. treated with J. M. of S. in the said county of S. gentle- man, for sale of such messuages, tenements, and hereditaments, unto him the said J. ]M. ; and at length they came to an agreement for such pur- chase, and thereupon articles of agreement in writing, bearing date the. day of , and made between the said J. K. on behalf of your Orator of the one part, and the said J. M. of the other part, were duly executed by the said J. K. and J. M. whereby the said J. K. in consi- deration 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 a perpe- tual drainage-tax charged upon the premises, or some part thereof,) and particularly a good'estate of inheritance of, in, and to all that mes- suage or tenement, (here recite the agreement) and in consideration thereof, the said J. M. did thereby covenant and agree with the said J. K. tliat he the said J. M. would pay, or cause to be paid, to your Orator, his heirs, executors, or administrators, the said sum of ^ , imnu-diately upon the executing of such conveyance as aforesaid ; and it was thereby nmtually 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 liavc 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 one part of the said articles of agreement, now in the custody of your Orator, and ready to be produced, (reference being thereto had) will more fully appear. j\nd your Orator further slicweth unto your Lordbhip, 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 he heard thereof, which was shortly after the dale liiereof, willing lo perform the same, an BILLS FOR SPECIFIC PERFORMANCE. 6S an abstract of the title to the said estate was on your Orator's behalf, shortly after the 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 ob- jections 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 writing under his hand, or otherwise, approved of your Orator's 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 having a proper conveyance of the said messuages and premises according to the said articles of agreement executed by your Orator, and upon having possession of the said messuages and pre- mises delivered unto him. And your Orator halh at several limes since your Oratoi's title to the said messuage and premises was so approved, in and by letters, and by your Orator's agent, in a friendly manner ap- plied unto the said J. M. and informed him of your Orator's readiness to make and execute ii proper conveyance of the said messuages and premises, on payment of the said sum of £ , and therefore re- quested the said J. M. to pay unto your Orator the said sum of ^ , and your Orator well hoped that such his requests would have been complied with. Bat now so it is, may it please your Lordship, that the said J. M^combaiing (vide page 4. ^5.) how to injure and defraud your Orator in the premises, and how to defeat your Orator of the benefit of the said articles of agreement, he the said J. M. sometimes pretends that he did not execute any such or the like articles of agreement as aforesaid, or that your ( )rator cannpt make out'a good title to the mes- suages or tenements, lands and hereditaments, or not to all the parts thereof, or that your Orator hath not made out such title to the satis- faction of him, or his counsel, or conveyancer ; whereas your Orator charges the contrary of all such pretences to be true, but nevertheless under such arid the like pretences as aforesaid, or some other equally un- just, the said J. M. refuses to. perform the said articles of agreement on his part. All which (vide p. 5. § 6. and § 7' p-7.) whether, &c. (here you must make such interrogatories as appear most essential to i/cur client's case, proceeding in the same progression as you stated his case i/t the stating part of the Bill.) And that the said articles of agreement, dated the day of , may be specilically performed and carried into execution by the said J. M. your Orator hereby offering 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 hereditaments, unto the said J. M. and that your Orator may have such further other relief in the premises as to your Lordship shall seem just and proper, &.c. (here Zi'ill follow the common prayer for a subpana.) Bill for a specific Performance of a Sale by public Auction, Humbly complaining, shew unto your Lordship, your Orators, &c. That previous to, and in the year , your Orators were seised of, or well 64f BILLS FOR SPECIFIC PERFORMANCE* well entitled to a considerable estate of inheritance, consisting of various particulars, situate, lying, and being in and near, &c. and being so seised or entitled, they did, on cause the said estate to be put up to sale by public auction, by Messrs. S. and D. in eighteen lots, and at the said sale R. P. of became a bidder for, and was declared tiie pur- chaser of the first of the said lots, for £ , and B. N. became a bidder for, and was declared, &c. {stating each purchaser as the first is stated) and each of them paid to Messrs. S. and D. a deposit of £ per cent, upon their said respective purchase monies, pursuant to one of the printed conditions of the said sale, and did also by themselves and their respective agents, duly authorized, sign a written agreement on one of the said printed particulars of sale, to complete their said respective purchases, and pay the remainder of their purchase money on or be- fore . That Defendants were severally let into possession as receiver of the rents and profits of said several hereditaments and premises, so as aforesaid respectively purchased by him, some time in or about, and they have ever since been, and are now in the possession or receipt of the rents and profits thereof, and an abstract of complainant's title to same was sent to Defendants or their respective attornies, and complainant's title to said hereditaments and premises hath been approved by them or on their behalf. That ever since making said contracts or agreements, com- plainants have been ready and wHling to perform the same on their part, and to make and execute to said Defendants all necessary conveyances, surrenders, and assurances, of the said hereditaments and premises, so as aforesaid purchased by them, upon being paid the arrear of such purchase money for the same, together with lawful interest, from the time which Defendants agreed to pay. And complainants have frequently, by them- selves and their agents, applied to and requested them to perform said contlition and agreement on their part, and to pay to complainants the ren)ainder of their said respective purchase monies, and interest thereon, after deducting what they paid by way of deposit, as aforesaid. To the end, &.C. that they may be decreed specifically to perform said contracts or agreements, made and entered into by them respectively, as therein be- fore stated ; and may be decreed to pay complainants the remainder of aforesaid purchase monies, or sums of money, for which they were de- clared purchasers of said hereditaments and premises, together with lawful interest for the same, after deducting the several sums paid by them respectively, by way of deposit, as aforesaid, complainant hereby offering, upon such payment being made, to make, execute, and deliver to them respectively, or as they shall respectively appoint, all necessary conveyances, surrenders, and assurances thereof, according to said con- ditions of sale. And general relief, Stc. I. c. c. Bill for a specific Perfor^mance, Vendee against Vendor. Humbly complaining, sheweth unto your Lordship, your Orator, J. \). of , liiat J. D. of , one of the Defendants luTeinaftcr named, was, in and before the month of ^cized U> iiitn and his heirs, according to the custom of the manor of E. in the county of , of and in a messuage, 8cc. And your Orator .shewt;th, that the said J'. J^. being desirous to dispose of the said premises, entered into au agrccujeut with your Orator for the sale thereof BILLS FOR SPECIFIC PERFORMANCE. 65 tliereof to liim, and vvliich agreement was reduced into writing, and signed by the said Defendant, J. D. aiul your Orator, and is in the words and tigures, or lo the purport and effect following; (that is to S'dy) (state agreement tcrhatim). As by the said memorandum of agr- ement, when jModuced, will appear. And your Orator further sheweth unto your I^ordship, that the said J. D. referred your Orator to one \. a la- bourer, who had long lived near the spot as a person who well knew the boundaries of the freehold and copyhold i)art of the tield, out of which the said house and premises had been taken. And the said .1. D. expressed himself to be ready to abide by the opinion of the said V. in that respect. And your Orator shcwelh, that he accordingly applied to the said V. for his opinion in that behalf; and the said V. ihere- upon informed your Orator that the said house and premises agreed to be purchased by your Orator, and which were in the north east part of the field, were wholly copyhold, and that the freehold lay on the south side of the field. And your Orator further sheweth unto your Lordship, that in the said month of , and before the day fixed for completing the said agreement, your Orator called upon the said J. D. and offered to pay to him the said purchase-money for the said house and premises, and then requested the said J. D. to accompany your Orator to the steward of the said manor, in order to make the surrender of the said premises. But the said Defendant then pretended that he must make further inquiry with resp' ct to the said premises, before he completed the said agreement. And the said J. D. frequently afterwards desired your Orator not to be in a hurry about the business, and that if your Orator waited till the lease was out, the said J. D. would let your Orator have the field adjoining to the house. And your Orator sheweth, that he hath repeatedly applied to the said .T. D. and hath requested him specifically to perform his aforesaid contiacl. And your Orator well hoped that the said Defendant, J. D. would have complied with such your Orators reasonable requests, as in justice and equity he ought to have done. But now so it is, &.c. the said J. D. combining and confederating to and with T. \X. C. of , absolutely refuses so to do ; and the said J. D. hall) actually sold the said messuage and premises to the said De- fendant, 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, J. D. at some times, pretends that the said messuage and premises were part freehold, and that therefore the said Defendant was discharged from his said agreement with your Orator; whereas your Orator expressly charges the contrary thereof to be the truth. And as further evidence thereof, your "Orator charges that the surrender made by the said J. D. to the said T. K. C. comprises, by description, and according to the dimen- sions therein expressed, the whole of the said messuage and premises so agreed to be sold to your Orator, and that the same were sold by the said J. D. to the said T. R. C. as wliolly copyhold, and were no otherwise conveyed or assigned to him than by the said surrender. And your Orator further charges, that before the said surrender was made by the said J. D, to the use of the said T. R. C. as aforesaid, and before the said 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 inti- mation, or some reason to suspect or believe that he the said J. D. had entered into an agreement with your Oiator for the sale of the said pre- F mises €6 BILLS FOR SPECIFIC PERFORMANCE. miscs to your Orator ; and in particular your Orator charges that the said T. R. C. carries on the business of a brewer, in copartnership with VV. and H. And that the snid W. and H. were both informed by your Orator of his said agreement ; and your Orator actually delivered the said agreement to the said H. previous to the said surrender to the said T. R. C. or to the payment of his purchase money ; and the said W. and 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. and H. or one of them, gave some information or intimation to tlie said T. R. C. respecting the agreement made by your Orator with the said J. D. And the said W. and 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 aforesaid to the said T. R. C. alone. And your Orator further charges, that the said J. D. hath, in some manner, indemnified, or under- taken to indemnify the said T. R. C. against the claims of your Orator, in respect of his said agreement, as there is some undertaking between the said J. D. and the said T. R. C. that the said T. R. C. is to be indonmitied against such claim. All which, &c. To the end there- fore, &c. And that the said Defendants may answer the premises ; and that the said agreement 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 decreed to surrender the said messuage and premises to your Orator, and his heirs, your Orator being ready and w illing, and hereby oflfering specitically to {x-rform the said agreement, in all things, on his part and behalf. [Or if it should appear thai tKe said T. R. C is a purchaser, without notice of the said agreement between your Orator and the said J. D. then that the said J. D. may account for and pay to your Orator the difference between tlie price stipulated in the said agreement, 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 biinging a!)y action of ejectment against your Orator, in order to turn him out of possession of the said premises. And for further relief. J. L. N. B. That part between crotchets is an amendment upon the coming in of the answer, in case it should not be made out that C. by him- self or his agents, had notice. Pray Suhpcena against J. D. and T. It C. hill hy Lessee against Lessor, for a specijic Pcrfornumce. Humbly complaining unto, 8cc. That Defendant, of , in the month of , being, or pretending to be seized or possessed of a messuage or tenement, situate, &c. and being willing and desirous to let the same, lie, in the montli of , proposed or agreed to grant unto your Orator a lease of the aforesaid premises, with the appur- lenanctH, and llieieuiion your Orator and Defendant duly executed or Kubbcribcd a ccrtuiu nicmurauduni or agreement^ bearing date^ Sec. and made BILLS FOR SPECIFIC PERFORMANCE. ^7 made between your Orator of the one part, and Defendant of the other part, whereby Defendant agreed to let, &c. (state the agreement). As m and by, &c. • And your Orator further, &c. That in expectation and full confidence that a lease would iiave been made and executed to him ot the said messuage, or tenement and premises, pursuant to the term of the said agreement, he hath laid out sundry sums m repair of the said premises, to a considerable amount. And your, ac. That Plaintiff hath been al- ways ready to perform his part of the said agreement, and to accept a lease of the said premises, pursuant to the terms thereof. And your Ora- tor, for that purpose, caused a draft of a lease to be drawn, pursuant to the terms of the aforesaid agreement, and tendered the same to Defend- ant, for her perusal and approbation ; but Defendant refused to accept or peruse the same. And your Orator, &c. That he hath frequently applied, by himself and his agents, in a friendly manner, to Deteiidant, and requested her to make and execute unto yourOiator a lease of the said messuage or tenements, and premises, conformable to the said agree- ment. And your Orator well hoped, &c. But now so it is, &.c. De- fendant pretends, that no such agreement, as aforesaid, was ever made or entered into by or between the said Defendant and your Orator, or any agreement, or that she consented to grant a lease to your Orator of the aforesaid messuage, or tenement and premises. Whereas, &c. of such pre- tences to be the truth. And so the said confederate will at other times admit ; but then she pretends that she hath been always ready and willing to make and execute a lease of the said messuage, or tenement and pre- mises, pursuant to the terms of the said agreement, and in all respects to perform the same on her part. Charge, &.c. But, nevertheless, Defend- ant refuses to comply with your Orator's aforesaid requests, or to perform or fulfil the aforesaid agreement. All which, &c. And that the said agree- ment may be specifically performed and carried into execution ; and that Defendant may be decreed to execute a lease of the aforesaid messuage, or tenement and premises, to your Orator, according to the terms ot the aforesaid agreement. Your Orator hereby offering to execute a counter- part thereof, and in all other respects to perform his part of the said agree- ment. And for further relief. J. L. Bill by Lessee against Lessor^ for specijic Ferformancey and Injunction to restrain him in Action oj' Ejectment. Humbly complaining, sheweth unto your Lordship, your Orator, J. M» of, 8cc. That J. C. of, Sec. the Defendant hereinafter named, was, in and before the month of , seized of, or otherwise well enti- tled to the reversion of a farm and lands, called or known by the name of, &c. situate, See. which your Orator had occupied from the year , at the annual rent of o£ , under and by virtue of a lease thereof, from the Rev. E. S. which would expire at And your, &.c- that being desirous to obtain a new lease of his said farm and lands, your Orator, on or about, 8tc. entered into a treaty for such new lease with a Mr. D. the agent, steward of the said Defendant, I. C. and who was duly authorised by the said Defendants for that purpose. And your Orator sheweth, that the said Mr. D. asked an increased rent of £ , for the said farm and lands, from the expiration of the subsistitig lease, which your Orator expressed himself to be willing to give upon a lease f2 fw C8 BILLS FOR SPECIFIC PERFORMANCE. for fourteen years; and the said Mr. D. then told your Orator that the said Defendant would object to granting leases, but that he the said Mr. D. should see the said Defendant in the course of that day, and would let your Orator know ; and the said Mr. D. accordingly, in the evening of that day, informed your Orator that he had seen the said Defendant, and that the said Defendant was willing to grant to your Orator a new lease for seven years, at the said proposed advance of „£" a year; and your Orator then agreed with the said Mr. D. to accept the said new lease upon such terms. And your, 8cc. that on or about, &c. your Orator was at the office of the said Mr. D. upon other business; and the said Mr. D. then informed your Orator that the said Defendant, &c. found fault with the bad state of husbandry of a part of the said lands called, &c. and that he thought your Orator had better have his lease executed, as Mr. C. who had agreed for a lease at the same time with your Orator, Mas going to have his ; and the said Mr. D. then asked your Orator if he M'ould have the lease made in his own name, or in the name of himself and his brother, to which your Orator answered, that he would have it in his own name. And your, &c. that the said Mr. D. then gave directions to his clerk to prepare two double leases, one for your Orator, and the other for the said Mr. C but no such lease has in fact ever been deli- vered to your Orator. And your, &,c. that on, &c. your Orator paid to the said 5lr. D., on account of the Defendant, the sum of £ , for the half year's advanced rent, which became due under the aforesaid agreement, at , and your Orator hath ever since paid the said increased rent in performance of the said agreement. And your Orator, in the confidence that the said Defendant would duly grant to him a lease of the said farm and lands for the said term of seven years, pursuant to the terms of the said agreement, hath laid out a considerable sum of money in completing a\i inclosure, and in quickening about thirty- five acres of land, part of the said farm, in, &c. parish, and in new fenc- ing and quickening other parts of the said farm, and in stone-draining other parts thereof, and in building a wain-house thereto. And your Orator sheweth, that he was proceeding to make other improvements upon the said farm and lands, but that, at or about ast, your Orator was served with a notice from the said Defendant, to quit the said farm and lands at the following. And your, &.c. that he hath, by himself and his agents, repeatedly applied to the said Defendant to grant to him a lease of the said farm and lands, pursuant to the agree- jnent aforesaid. And your Orator well hoped, &c. And the said Defendant, in or as of Easter term, served your Orator with a de- claraliot to cut timber, or cc^mmit waste,) as in and by, Scc." And your Orator sheweth, that the said Mr. F. the attorney of the said Defendant, upon being served with the said notice, signed an acknowledgement in the words and figures, or to the effect followuig, that is to say, (acknowledging the receipt of the deposit- money) as m and by the said notice and acknowledgement, which, or one of w hich is now in the custody or power of the said Defendant, when pro- duced, will appear. And your, &.c. that the said J. F. sent an abstract of the title of the said Defendant to the said premises to Mr. K. the solicitor of your Orator, accompanied with a letter, written by Mr. B. the clerk of the said I. P. and bearing date the day of , M'hich was in the words, or to the effect following, that is to say, (request- ing the abstract and drnft conveyance to be returned as soon as possible, to con)plelc the business). And your Orator sheweth, that on the day of the aaid month of , the said Mr. K. sent an answer to the said J. F. ni the words or to the effect following, (that is to say) acknowledging the rectijtt of last letter, and slating it should be effected as quick as pos- sible, and warning Dcfenthiut from connnitting waste. [And your, &c. that many (pieriis wi re made upon the abstract by the counsel before vhoui the sanu was lai I, occasioned by former inaccuracies and miscon- ceptions relative lo the assignments of various outsl;nding terms affecting the said premises ; and it also :ippeared by the said abstract that many of the title deeds of the said premises had not been entered with the register of the Bedford level, as by law they were required to be j said premises being BILLS FOR SPECIFIC PERFORMAXCE. 73 being adventure land, and part of the said level. And your Orator sliewelh, that some time was therefore necessarily consumed in correspondence, between the solicitors ofyoiir Orator and the said G. K, as to these points, and on the day of , a meeting was had between the said G. K. and yiiur Orator, and their respective sohcitors, when it was ver- bally agreed between your Orator and the said G. K. that as there was no hope that the corporation of the Bedford level would obtain an act of Par- liament to supply the defect of registration, which was supposed to exist to a great extent, the time for completing your Orator's purchase should be enlnrgcd until the day of , but if the difficulties in the title of tlie said G. K. should be removed before that time, then your Orator should sooner complete his purchase, and the said G. K. should in the mean time manage the farm according to an agreement to be en- tered into for that purpose. And your, &.c. that in the course of conver- sation at t!ie said meeting, your Orator learnt, that the aforesaid abstract Avhich had been delivered to your Orator's solicitor had not been made out and examined by the said Mr. F. but had been received by him from Messrs. M.and S. who were solicitors to a Mr. R. to whom the said premises were in mortgage. And your Orator shewelh, that after Mr. E. on the part of your Orator, had prepared the draft of an instru- ment in writing, for carrying into eflfect the verbal agreement made at the aforesaid meeting, the said Mr. E. received a letter written by A. 13. the clerk of the said Mr. F. and bearing date the day of , in the word^, or to the effect following, that is to say, I saw Mr. S, &c. (stat- ing the defect of the title, and writing for a copy of case and opinion to send Mr. S.) And your Orator sheweth, that the said Mr. E. accordingly sent, by the return of post, a copy of the case and opinion required, and on the day of , the said Mr. E. received another letter fi-om the said A. B. in the words, or to the effect following, (that IS to say,) '' K. and R. on the other side, 8cc." (to know if plaintiff would accept upon title offered, if not they had another purchaser) ; and your Orator shewelh that the copy of Mr. M.'s letter contained in the said last mentioned letter from the said A. B. was in the words, or to the effect following, (tiiat is to say,) " I am, &c.'' (knowing when the money would be paid, and determination to proceed in equity and ejectment if not paid). And your, &c. that upon the receipt of the said last-mentioned let- ter, the said Mr. E applied to the said Messrs. M. and S. for permission to compare the abstract of the title with the title deeds, and upon such comparison it appeared that the person who had prepared the abstract had omitted the note of registry to manyof the deeds, and that there were also several other omissions and misrecitals in the abstract, the correc- tion of w hicli removed some of the other doubts that had arisen ; and your Orator shewelh that the said Mr. E. caused the said amended ab- stract to be laid immediately before counsel, and although it still appeared that two or three deeds were unregistered, and that some difficulty and expence would be occasioned in getting in the outstanding terms, and in rectifying the errors that had been made in former assignments of them, yet, in order to end the business your Orator determhied to accept the title as it stood, and to take upon himself the expense of getting in the outstanding terms ; and thereupon on the day of the said Mr. E. by the insiruction of your Orator, wrote a letter to the said Mr. F. in the words and ligures, or to the purport and effect following, that 74 BTLL1 FOR SrEClFIC PERFORMAN'CZ. tliat is to say, " I am happy," Sec. (stating he wzs ready to complete the purchase as the title stood.) And your, bcc. that on the day of the same month of , the said Mr. E. sent the draft of the proposed conveyance to the said Mr. F. accompanied with a letter in the words and figures, or to the purport and effect following, that is to say, (statmg that he sent the draft of conveyance, advised upon by counsel, instead of the one drav.n by Defendant's attorney, requesting it to be engrossed immedi- ately, and stating that no delay is attributable to Plaintiff in the comple- tion of the business.) And your, &.c. that the said Mr, E. not having re- ceived any answer to the said last m.eutioned letter, again wrote to the «aid Mr. F. iu the words, or to the effect following, that is to say, (K.'s title, &c.) expressing Plaiutift^s anxiety to complete the business.] And your, 8cc. that on the day of the said Mr. E. received a let- ter from the said Ax. B. the clerk of the said I. F. in the words or to the efi'ect following, that is to say, K. and B. cCc. (stating that Defendant vould not complete the contract, on the ground that the deposit was not paid at the time mentioned in the particulars of sale.) And your, &c. that he hath since, by himself and his agents, repeatedly applied to the said G. K. and hath requested him speciticaily to perform the agreement so made and entered into by him as aforesaid, with the said A. B. the agent of your Orator. And yoiu- Orator well hoped the said G. K. would have compUed with such your Orator's reasonable requests as injustice and equity he ought to have done. But now so it is, lice. And your Orator charges, that the said G. K. hath since contracted for the sale of the said premises to the said T. P. at an advanced price, and hath actually conveyed the said premises, or entered into an agreement to convey the same to the said T. P. or to some other person or per- sons, by his order, or to his use, or in trust for him. And your Orator charges, that the said T. P. at the lime he entered into the said con- tract for the purchase of the said premises, or at the time of the con- veyance thereof to him, if the same have been conveyed to him, or at the time of the payment of the purchaie-money for the same, if he hatU actually paid such purchase-money, well knew, or had been informed, or had received some intimation, or had some reason to believe or suspect, that the said G. K. had entered into such agreement as aforesaid with the said A. B. or into some agreement with your Orator, or witli some person on his behalf, for the sale of the said premises to your Orator. Arid the said T, P. or the agent employed by him in the said purchase or contract, had at some or one of the times aforesaid, some knowledge or intimation of the several circumstances aforesaid, respect- ing the said pren)ises, which had passed between your Orator and the said G. K. or their solicitors. And your Orator charges that the said ]. F. was in fact the agent employed in the contract or sale by the said (». K. to the said T. P. as well on the part of the said G. K. as of the said T. P. And your Orator further charges, that if in fact the said T. P. has paid tlic purchase-money for the said premises, or any part thereof, to the said G. K. the said T. P. has had or taken some indemnity from the said G. K. or some other person, in respect of such payuii nf, or of sucii purchase. And your Orator further charges, that j«tt( r your Orator, by the said A. B, had entered into such agreement with iho said G. K. as aforesaid, and after the hay season in this year, your Orator verbally agreed with the said G. K. that the hay on the farm should be left by the taid G. K. and takcu by your Orator at au ap- praiscmentj BILLS FOR SPECIFIC PERFORMANCE. 75 praisement, but the Raid G. K. hath, nevertheless, sold and removed the said hay from the farm, to the great injury thereof; and the said G. K. hath, since his said agreement with the said A. B. ploughed up more than sixty acres of land, which, according to the usual course of hus- bandry, ought to have been laid down with grass. And the said G. K. hath also since cut down many tiniber arid other trees upon the said premises, and hath committed and done other waste and injury thereto. And the said G. K. and also the said T. P. threaten and intend to cut down other trees on and from the said premises, and to commit other waste and injury thereto. Ail which actings, &.c. To the end, &c. Prayer, And that the said Defendants may answer the premises. And that the said Defendant G. K. may specifically perform the said agree- ment so made and entered into by him as aforesaid, with the said A. B. as the agent of your Orator, your Orator being ready and willing, and hereby offering specifically to perform the said agree- ment in all things on his part and behalf. And that the said G. K. may be decreed to make compensation to your Orator for the waste and other damage done by him to the said premises since the mak- ing of the said agreement. And that in the mean tiuie the said Defendants G. K. and T. P. may be restrained by the order and injunction of this honorable Court from cutting down any timber or other trees upon the said premises, or from committing any other waste thereon. Ann for further relief. J.L. Pray Suhpcena and Injur.ction asiainst G. K. and 'I\ P. Bill for a specific Performance, Lessee against Lessor, Humbly, Sec. your Orator and Oratrix M. G. of, 8ic. W. and T. J. of, Sec. That I. G, the late husband of your Oratrix, was for many years the occupier of a farm and lands at B. aforesaid, which he held by lease under the said P. B. at the yearly rent of £ , for a term of years which expired on the, &c. and (hat the said I. G. did some time pre- vious to the expiration of the said lease, make application for a re- newal thereof for a further term of fourteen years, to I. H. the agent of P. B. of, &c. the Defendant hereinafter named, who was the son of the lessor of the said premises, and was seized of, or otherwise well entitled to the reversion therein. And your, &,c. that the said I. H. thereupon demanded the yearly rent of £ for the same farm and lands, for such new lease. And the said I. G. having objected to such increased rent, it was agreed between the said I. H. and the said I. G. that P, R. who was named by the said I. G. should meet the said 1. H. and that they should together settle the new rent, upon a view and valuation of the said farm; and the said P. R. and the said i. H. did accordingly meet and settle the said rent for such further term of fourteen years at £ per annum. And your, 8cc. that before any further steps were taken as to the said new lease, and on or about, Sic. the said I. G. departed this life, 76 BILLS FOR SPECIFIC PERFORMANCE. life, and thereupon your Orator, who is the brother of your Oratrix, and 1. G. a son of the said J. G. deceased, went together on the said to the said I. H. and informed him that your Oralrix was desirous to liave the new lease of the said farm which had been promised to her said late husband. And it was then agreed between your Orator on the part of your Oratrix, and the said I. H. on the part of the said P. B. that your Oralrix should have a lease of the said faim and lands for fourteen years from the expiration of the old lease, at the yearly rent of £ for the first seven years, and at the yearly rent of £ for the remainder of the term, and that for the secuiity of the said P, B. your Orator should be named as a joint lessee with your Oratrix in the said lease, and should execute the comiterpart thereof. And your, &c. that the abatement of £ a year in the rent for the first seven years, was proposed by the said I. H. himself in consideration of your Chalrix's si- tuation; and the said I. H. as soon as the agreement was concluded, made a note in writing thereof, and signed the same in the form of a letter to Mr. S. the attorney of the said P. B. and as instructions for him to prepare a lease accordingly, and delivered the said letter to your Orator, who carried it to the said Mr, S. And your. See. that your Ora- trix has, in pursuance of the said agreement, paid to the said I. II. the yearly rent of £ for the said land and premises, from the said ; and your Oratrix, upon the faith of the said agreement, wiih the full knowledge and approbation of the said I. H. and of the said P. B. hath laid out a very considerable sum of money in the improvement of the said farm and lands, and the buildings thereon. And your Orator and Oratrix well hoped, that the said P. B. would have granted your Orator and Oratrix a lease of the said farm and lands, as in justice and equity, &c. but now, &c. pretends, that no such agreement as aforesaid was ever made or entered into. Whereas your Oratrix charges, that the said P. B. well knew of such agreement at or immediately after the making thereof, and hath repeatedly admitted the same. And in particular did, in the month of acknowledge such agreement in the pre- sence of G. 1. another brother of your Oratrix, and T. P. and pro- mised the said G. I. that he would take care that your Oratrix should have the lease accordingly. And the said P. B. at other times pretends that such agreement was not reduced into writing, nor signed by any ])erson lawfully authorized on his part. Charge, that the said 1. tl. was an agent duly authorized to that effect by the said Defendant, and that ^uch agreement w as reduced into writing, and signed as aforesaid by the ftaid I. H. not only in the letter hereinbefore stated to have been written by the said I. H. to the said Mr, S. but also in other letters written by the said I. H. to the said P. B. Charge, that by reason of the circumstances h( reiubefore .stated, the said Defendant would be bound in equity to ptrlorm the said agreement on his part, even if the same had not beeu n d just debts, 'and her residuary share in the said property ; and also er,iered into possession of the real estate of the said intestate, or into the receipt of the rents and profits thereof, and got into her custody or power the title-deeds, evidences, and writ- ings belonging thereto. And your, Slc. that the said widow and adminis- tratrix of the said intestate, hath lately intermarried with, and is now the wife of D. C. of, 2vc. and the said D. C hath since possessed him- self of the personal estate and effects of the said intestate, to a great amount, and hath also entered inio the possession or receipt of the rents and prorits of the said real estates of the said intestate, and hath in his custody or power the title-deeds and writings relating thereto. Inquiry. And whether he hath not in his custody or power some, and what title-deeds and writings relating thereto, or what are become thereof. And that the said Defendants D. C. and J. his wife, may set forth a list or schedule of all deeds, instruments, and writings, in any manner relating to the real estates of the said intestate, which now are, or at any time since the death of the said intestate, have been in their or either of their custody or power. And may set forth what hath become of such thereof, if any, as are not now in their custody or power. And your, &c. that your Orators and Oratrix have, by themselves and their agents, made frequent applications to the said Defendants to come to an account with your Orators and Oratrix for the personal estate and effects of the said intestate respectively received by them ; and your Orator K.T. 80 BILLS BY XEXT OF KIN'. R. T. hatli in like manner applied to them to come to an account for the rents and profits of the real estates of the said intestate, with wliich just and reasonable requests your Orators and Oratrix well hoped, &c. But now, &c. that the said D. C. and J. his wife combining and con- federating, to and with the Governor and Company of the Bank of Eng- land, and to and with divers, &c. absolutely refuse so to do, pretending that the personal estate and effects of the said intestate R. T. were small and inconsiderable, and not more than sufficient to pay and satisfy his funeral expenses and just debts, and that the whole of such personal estate has been applied in a due course of administration. Charge contrary, and so it would appear if the said Defendants would set forth, as they ought to do, a full and true account of all and every the personal estate and effects of the said intestate, and of their application diereof. And the said Defendants ought also to set forth a full and true account of the rents and profits of the said intestate's real estates, which have been possessed or received by them, or either of them, or by their, or either of their order, or to their, or either of their use. Charge that some pro- per person or persons ought to be appointed by this honorable Court, as the guardian and guardians of your Orator and Oratrix, with suitable al- lowance for their maintenance and education, and that some proper per- son ought also to be appointed, to receive the rents and profits of the real estates of the said intestate, and that the title-deeds, evidences and writings relating thereto, ought to be brought into this honorable Court, for the benefit of your Orator R.T. Charge, that the said D. C. and J. his wife threaten and intend to sell and transfer the aforesaid sums <'fc£' 5 per cent. Bank Annuities, and ,£ , and to apply the produce thereof to their own use. And the Governor and Com- pany of the Bank of England mean to permit the said Defendants to make such tran5fer. All which, &.c. Prayer. And that the said Defendants may answer the premises. And that an account may be taken of the personal estate and effects of the said intestate 11. T. w hich have been received or possessed by the said Defendants D. C. and J. C. or by any other persons or person, by their or either of their order, or to their, or either of their use ; and also an account of the said intestate's funeral expenses and just debts, and that the said intestate's personal estate may be applied in the payment of his funeral expenses and just debts, in a due course of administration ; and that the clear resitlue thereof may be ascertained, and the shares of your Orators and Oratrix therein laid out and s( cmed, in and by this honorable Court, for their be- nefit. And that an account may also be taken of the rents and profits of the said intestate's real estates, which have been received by the said Defendants, or either of them, or by au\ otlur peison or persons, by their, or either of their order, or to iheir, or either of their use; and that what shall be found due upon such account, may, in like manner, be paid to and secured by tins honorable Court, lor the benefit of your Oiator R. T. And that so;i e proper per- %o\\ or persons may be appointed the guardian or guardians of your Orators and Oraliix, with suitable allowance for their maintenance and BtLtS BY NEXT OF Kflf. Sfl iind education. And that some proper person rhoy also be ap- pointed by this honorable Court, to receive the rents and proiits of the said real estates of tiie said intestate. And that tiie said D- fendati's D. C. and J. his wife, n)ay be directed to deposit all tie litle-deeds, evidences and writings relating to the said 1-eal estates, in the hands of" one of the masters of this honorable Court, and that in the mean time the sard Defendants D. C. and J. C. niay be re- strained by the injmiction of this honorable Court from sellin-jj or transferring the s.iid sums of £ 5 per cent. Hank Annuities, and £ . And that the said Governor and Company of the Bank of Englancl, may in like manner be restrained from permitting ^uclx sale or transfer, and for further relief, i!cc. J. L. OBSERVATION. As soon as this bill is filed, the Bank of England irhould be served with asub[)oena with notice, that the object of the suit is to restrain the transfer of the two sums of stock standiuii; in the name of the intestate. Bill by 7ievf of Kin for 2^'istributhe S/irn^e against an AdminifitratrLvy and for an Injunction to prevent tlie Tranfer of Stock, under a Suggestion that she ineant to leave the Country. Tlunvbly complaininsc, shew unto vour Lordship, your Orator and Ora- trix, S. M. of, &c. CM. W. and A. L. W. late A. M. that A.M. late of, &c. gentleman, was, in his life-time, and at the time of his death, pos- sessed of and well entitled to a considerable personal estate, consisting of monies in the funds, debts due to him, household goods, plate, linen, china, wearing apparel, and divers other effects, of a considerable amount and value, and particularly was possessed of a sum ofo£ Bank 3 per cent. Annuities, standing in his name at his death, in the books of the Governor and Company of the Bank of England. And your^ &.c. That the said A. M. in and about the month of , de- l>arted this life intestate, and without issue, leaving F. M. his wife, and one of the Defendants, and your Orator his brother, and your Oratrixes his sisters, and only next of kin of him surviving. And your, &c. That since the death of the said intestate, the said F. M. his wife, hath ob- tained letters of administration of the goods, chattels, rights, and credits, and personal estate and effects of the Said intestate, to be granted to hint by and out of the proper ecclesiastical court, and hath, by virtue thereof, possessed herself of the personal estate and effects of the said intestate, to a large amount and value, and greatly more than sufficient to pay and sa- tisfy his just debts and funeral ex»)enses, exclusive of the said sum of £ stock. And your, &c. That being entitled, as the brothers and sisters of the said intestate, to a distributive share of his personal estate, your Orator and Oratrix have, by themselves and their agents, applied to the said F. M. and requested her to come to a full and true account with your Orator and Oratrix, for the personal estate and effects of the said intestate, and to pay them respectively one third part each of oi»e G moiety 82 Bills BY NEXT OF KIN. moitty of the clear residue thereof, with which just and reasonable re* quests your Orator and Oratrixes well hoped the said F. M. would have complied. But now so, 8cc. And the said Defendant pretends, that the p< rsonal estate and effects of the said A. M. were small and inconsider- able, and not more than sufficient to pay and satisfy his debts and fune- ral expenses, and that she hath applied all such personal estate and ef- fects in a due couise of aduiinistration. Whereas your Orator and Ora- trixes charr ;; the contrary thereof to be the truth, and so it would appear, if the said Defendants would set forth, as they ou»^ht to do, a full and true account of all anl every the personal estate and efiects of the said intes- tate, which have been possessed or received by the said Defendant, or by her or their order, or tf:i her Mse, and of her applications thereof. And ^ur, &c. That ths said F. ?vL hath declared to several persons luat she means to obtain a transfer of the said sum of .^ Bunk 3 per cent. Annui- ties, and to sell and dispose of the same, and to withdraw herself to Ame- rica with the produce thereof. And the said Defendants, the Governor and Company of the Bank of England, intend to permit her to make such transfer. All which, &c. And that the said Defendants may an- swer the premises. Prayer. And that an account may be taken by and under the direction of this honorable Court, of the personal estate and effects of the said intestate, A. M. possessed by or come to the hands of the Defen* dant, F. M. his wife and administratrix, or to the hands of any other person or persons by her order, or for her use ; and also an account of the said intestate's debts and funeral expenses, and that the said intestate's personal estate may be applied in a due course of admi- nistration ; and that the clear residue thereof may be ascertained ; and that your Orator and Oratrixes may l^e paid one-third part each of one moiety of such clear residue ;\(and that, in the mean time, the said Defendant, F. M. may be restrained by the injunction of this honorable Court, from sellhig or disposing, or transferring of the said sum of ^ . S per cent. Bank Annuities ; and that the said Governor and Company of the Bank of England may be restrained from permitting such sale or transfer. And that your Orator and Oratrixes may have such further and other relief, ike. Pray Subpcena and Injunction J. L. against F. M,. and the Governor and Compant/ of the Bank of England. Bill by one of the ne.vt of Kin against an Administrator^ for an Account of Intestate s Estate and Distribution, 'Pretence that Plaintiff's Share was c.vpcnded in his Education and Maintenance. 'J'hat W.P. licretofore, of, &c. Plaintiff's late father, deceased, was, in his life-tiuie, and at the lime of his death, ])ossessed of, interested in, and well entitled unto a considerable personal estate, consisting of household goods, BILLS BY ne:Js:t of KIJT. tb goods, plate, linen, china, wearing apparel, and other stock on his farn), stacks of hay and corn, divers arilcles, implements, and titeusils of husbandry, ready money, monies out at interest upon bonds, riiort* gages, and other sccuiities, and divers other goods and effects to a Uu-ge amount and value, and u;r('atly more than sulllcient to satisfy and pay all iiis just debts and funeral expenses, and beiiig so possessed, interested in, rind entitled to, he the said W. P. did in or about, &,c. depart this life intestate and a widower, leaving T. P., W. P., E. P., M. P., and S. P., Defendants, hereinafter named, and Plaintift', his six children only, next of kin, him surviving. That some time after the death of said intestate, the said W. P., hia son, obtained letters of administration of his goods and chattels, rights and credits to be granted to him by and out of the proper Ecclesiasiical court, and did by virtue thereof possess himself of his personal estate, which were of the said intestate at the time of his death, to a large amount in value, and more than sufii.^ient to satisfy and pay all his just debts and funeral expenses, w itli a large surplus or residue, which residue became , distributable in equal shares and proportions between and amongst Plain- tiff, and the said other children of the said intestate, according to the sta- tute made respecting the distribution of intestate's personal estate, and Plaintiff, as one of such children, became entitled to one-sixth part or hare of the said intestate's personal estate and eifects. That Plaintiff being so entitled as aforesaid, hath applied, &c. to his said brother, the said W. P. and requested him to come to an account with Plaintiff for the personal estate and effects of their said father, de- ceased, and to pay to Plaintiff his sixth part or share of the clear residue thereof. And Plaintiff well lioped, 5vc. Pretend, [)ersonalty, insufficient for payment of debts, &c. Charge co)itrary ; and that the said personal estate and effects was more than sufficient to satisfy and pay all his funeral expenses and just debts, with a large overplus, and which Defendant W, P. will at times admit; but, &c. Pietends that Plaintift* having lived with him for many years after the deadi of the said intestate, he the said Defendant hath expended a con- siderable sum or sums of money on the maintenance and education of Plaintiff, and which he insists he ought to be allowed to set off against Plaintiff's said claim, and retain out of Plaintiff's said distributive share of the said Testator's personal estate. Charge, that by reason of the will hereinafter mentioned of her late aunt M. P. the Defendant is not entitled to have any sum or sums ex- pended on the maintenance and education of Plaintiff' allowed to him out of Plaintiff's said distributive share of the said intestate's personal estate. Charge, that M. P. late of, &.c. spinster, deceased, by her last will and testament, in writing, bearing date, &c. amongst other things gave and bequeathed, &c. (all her effects to VV. P, and S. P. to be equally divided between them, and the other nephews and nieces, and they were to mam- tain Plaintiff until twenty-one, or otherwise lose their share and proportion.) Charge, that soon after the making and publishing her said will, said Testatrix departed this life, possessed of a considerable personal estate, and particularly of such goods and effects as in her will mentioned, and leaving Plaintiff and the said Defendants, her nephews and nieces, her sur- ^ " vivmu 84 BILLS BY NEXT OF KIN. viving; and the said Defendant S. P. hath duly proved, &.C. and hath, by virtue thereof, possessed herself of the said Testatrix's personal estate and effects, and together with the other Defendants have taken possession of several goods and effects so bequeathed to them by the said will, and have retained and applied the same to their own use amongst themselves as hereinbefore is stated, and Plaintiff is thereby advised, and hereby insists that by reason of the said condition, contained in the said will, the said W. P. ought not to be allowed any charge against Plaintiff for his maintenance and education, inasmuch as the said W. P. hath already re- ceived a full satisfaction for the same in manner aforesaid, and which he will at times admit; but then, &c. Pretends and sets up some other claims against Plaintiff, and refuses to discover the particulars thereof; and the said Defendant W. P. &c. severally refuse to join with Plaintiff in this suit, under a pretence that they or some of them have been fully paid and satisfied their shares of the said intestate's estate and effects, but how and in what manner they have been paid and satisfied the same, they severally refuse to discover. AH which. Sec. Prayer. And that an account rnay be taken under the directions of this honor- able Court of the personal estate and effects of the said intestate W. P. the father, possessed by or come to the hands of the said De- fendant 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 said 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 mav be ascer- tamed, and that one-sixth part or share of such clear residue may be paid by the said Defendant W. P. to Plaintiff. And for further relief. SECT. S5 SECT. III. — BILLS FOR AND AGAINST EXECUTORS. In the Exche(|iier. JB'dl bif Husband of Legatees agaiiist an Executor for Payment of Legacy. Humbly complaining, sheweth unto your Honors, your Orators, &c. that VV. S. late of , duly made and published his last will and testa- ment in writing, bearing date on or about the and thereby, amongst other bequests, gave to his nephews and nieces, the children of his late sis- ter M. A. the sum of £ each, tob e paid to them as they should respec- tively attain liie age of twenty-one years, and appointed E/J^ .F. of the Defendant hereinafter named, the sole Executor of his said-will, as in and by, &c. i\nd your Orator further sheweth unto your Honors, that \\\& said E. T. F. soon after the death of the said Testator, duly proved the said will in the proper Ecclesiastical Court, and hath since possessed himself of the personal estate and etTects of the said Testator, to an amount much more than sufficient for the payment of his just debts, funeral expenses, and legacies. And your Orator, &c. that after the death of the saul Testator, your Orator intermarried with A. A. who was the niece of the said Testator, and one of the children of the said M. A. the sister of the said Testator, in the said will named, and by virtue of such inter- marriage, your Orator, in right of his said wife, became entitled to demand and receive the aforesaid bequest of £ . And your Orator, &c. that your Orator's said wife lived to attain her age of twenty-one years, and that she hath lately departed this life, and that neither your Orator nor his said wife received any part of the said legacy ; and your Orator sheweth, that having obtained letters of administration 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 said late wife attainino- her age of twenty-one years, and your Orator well hoped that such your Orator's reasonable requests would have been complied with, as in justice and equity they ought to have been. But now so it is, &c. the said De^ ftjndant refuses so to do, &.c. To the end therefore, 3cc. Prayer. And that an account may lae taken of what is due and owing to your Orator for the principal and interest of the said legacy, and that the said Defendant may be depreed to pay the same to your Orator ; and if the said Defendani 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, ti.c. J. L. OBSERVATION. A husband may, if he thinks tit, give to his wife a disposing power over any property, and that it may therefore turn out iu this case that :he Plamtiff 86 BILLS FOR AND AGAINST EXECUTORS. Plaintiff has no interest in tliis legacy, but at all events he has no right of suit without taking out administraliun to his wife, but it will be suflicient to sustain this bill if he obtain letters of administration any time before the hearing, and it will not be advisable to put himself to that expense until the Defendant has put in his answer, so that it may be seen whether it is W'Orth his while to prosecute the suit. Bill by Executor to establish fFill, and carry the Trusts into E.veciition. Humbly complaining, shewethunto your Lordship your Orator, C. R. of , Executor of the will and codicils of JSl. S. late of , deceas- ed, and also a Trustee;, Devisee, and Legatee named in the said will and codiciis, that the suid M. S. at the several times of making her will {and codicils iicreiuiifter menlicned. and at the time of her death, was seized or entitled in fee-sim{)le of ur'to divers messuages, lands, tenements, and here- ditaments of considerable yearly value, in the several counties of C and i}j and bejug so seized or entitled, and also possessed of considerable per- sonal estate, the said ^L S. on or about the day of made her last will and testament in writing of thyt date, and which was duly signed 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, 8ic. (state substance of the will) ; and the said Tes- tatrix afterwards, on the day of made a codicil to her said will of that date, which was duly signed and published by her, and attested as by law is required for devising real estates. And thereby, after giving, &.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 thereto, and the probate thereof, to which your Orator craves leave to refer, when produced will appear ; and youi' Orator further sheweth unto your Lordship, that the said Testatrix M. S. departed this life on or about the day of w ithout having revoked or altered her said will and codicils, save as such will is revoked or altered by the said codicils, and as some of the said codicils have been revoked or altered by some or one of such subsequent codicils ; and the said Testatrix at her death left the said E. G. formerly E, S. and (he said 13. S. her cousins and co-heiresses at law, and your Orator being by the said codicil of the appointed sole Executor of the saicl Testatrix's will and codicils, hath since her death duly proved the said will and codicils in the proper Lictlesiastical Court, and taken upon himself Uie execution thereof ; and y. -b'., find J. S. G. mi BILLS FOR AND AGAINST EXECUTORS. S9 Bill to establish a JVill^ and an Account zt^Jiich of the Exe- cutors possessed himself of Fart of Personals. Injunc- tion to restrain E:vecutors J'rom receiving ani/ farther Parts — Receiver — Guardian Allowance-— —fFidow makes her Election. Humbly complaining, shew unto your Lordship, your Orators and Ora- trixes, 1\. M. W. M. H. M. 1. M. &,c. Jkc, nitants, by their next friend, ihat P. M. late of, &c, was, at the time of making liis will herein- after mentioned, and at his death, seized in fee-bUDple of, or otherwise well entitled to, divers freehold messuages, lands, tenements, heredita- ments, and premises, situate, &c. and was also possessed of, interested in, or well entitled to, u considerable personal estate, ancc. that M. M. of, l^c. another Defendant hereto, who was the wife of die said Testator in the said will named, and now continues his widow, hath elected to take the provisions intended for her by the said will of the said Testator, in lieu ajid bar of dower; and your, &.c. that very large sums of money have been received by the Defendants, the Executors and Trustees of the said Testator, from his real and personq^l estate, which have not been laid out and in- vested upon the trusts of the said will, and in particular your Orators and Oratrixes shew that Uie said I. D. hath now in his hands a balance due to the said Testator's estate, of the sum of 06" and upwards. And your, &c. also shew that the said P. M. and I. D. in or about the year , sold the shares and interest of the said Testator in two ships called the, Re. to 11. C. and W. I. of, &c. for the sum ofc£ , for which they took the bond of the said H. C. and W. I. bearing interest at 5 per cent. And your, &c. Uiat the said I. D. who is in possession of the said bond, hath given notice to the said H. C. and W. I. to pay to him the principal and interest due on the said bond, on the day of v\hich principal and interest will amount to the sum of X . And the said I. D. intends to receive the said sum of ^ and to retain and apply the same to his own use. And your, &c. that the said will of the said Testator ought to he established, and the trusts thereof 90 BILLS FOR AND AGAINST EXECUTORS. thereof performed and carried into execution, by and under the decree of this honorable Court, and that some proper person ouglit to be appointed by this lionorable Court to collect die outstanding personal estate of the said Testator, and to receive the rents and prolits of his real estate. Ta the end, Sec. Prayer. And that the said Defendants may answer the premises, and that the said will of the said Testator may be established, and the trusts thereof performed and carried into execution, by and under the decree of (his honorable Court, and the rights and interests of TOur Orators and Oratrixes under the same, may be declared and secured, and that an account may be taken of the personal estate of the said Testator, and of the rents, profits, and produce of the real estate, which have been possessed or received by the said Defen- dants P. M- W. ]S1. and 1. D., or either of them, or by any other person or pers6ns by their, or either of their order, or for their or either of their use, and that in the taking of such account, the said Defendants niay respectively be charged with interest for such balances as shall appear to have been iti iheir hands from time ta time, and that wliat shall be found due from the said Defendants may be secured in this honorable Court, for the beneht of all parties interested therein; and that an account may be taken of the funeral expenses, debts, and legacies of the said 'I'estator, and that the same may be paid in due course of administration; and that in the mean time the said Del'endants, the Executors, and Trustees of the said Testator, may be restrained by the injunction of this honorable Court from receiving any further part of said Testator's personal estate, or of the rcn^s, profits, or produce of his real estate, and that, some proper person may be appointed by this honorable Court to receive and collect (he outstandmg personal estate of the said Tes- tator, and to receive the rents, profits, and produce of his real estate ; and that some proper person or persons may also be ap- pointed the guardian or guardians of your Orators and Oratrixes, ivrth suitable allowances for their maintenance and education. And for further relief, &c. J.L. Bill hy Executor for the Directions of the Court. States will and death of Testator, and state of Legatees. Tiiat Plaintiff, as the Executor and Trustee named in the said Testator's will, hath been at all times, and still is ready and willmg to administer and distribute the residue and clear surplus of said Testator's personal estate, and the money to arise by sale of said Testator's real estate, which hath not )(t bi-en sold in a proper manner, and Plaintiff well hoped that the n-hts and interests of the several parties therein would have been asrertanicd and settled without suit; but so it is, that (the several claim- ants; severally claim diflercnt and disthict interests, in opposition to each oiiier, in the rtbiduc and clear surplus of the said Testator's personal estate. BILLS FOll AND AGAINST EXECUTORS. ^l estate, and the money to arise by sale of the real estate, and in particular A. B. pretends to be entitled to said C. D.'s share of and in, &,c. by virtue of some assignment thereof which he pretends to have had executed to him by the said C D.; and by reason or on account of such opposite claims and interests, Plaintiff is unable to divide and pay the residue. &c. amongst the said several claimants, or any of them, with safety to himself, witiiout the sanction and direction of this Court for his indemnity, or until the aforesaid several claims shall have been decided upon ; therefore that the rights and interests of the several parties to and in the residue and clear surplus of the said Testator's estates, and the produce thereof, may be ascei tained and decljired by and under the decree of this honorable Court. Prayer. That an account may be taken of the personal estate and efFects of said Testator, and the produce thereof possessed or received by, or by t!ie order, or for the use of Plaintiff, and also of said 1'estator's debts and legacies, and funeral and testamentary charges ; and that an account may also be taken of the rents and profits of said real estates of said Testator, possessed or received by, or by the order, or for the use of Plaintiff, and which accounts Plamtiff is ready and willing, and hereby offers to come to in such manner as this Court shall direct, upon being indemnified, and having all just allowances made to him in the taking of such accounts; and that the real estates of the said Testator may be directed to be sold, and that proper directions may be given for the distribution and payment of the residue and clear surplus of said Testator's personal estate, and also of the money arising by sale of his real estates. Plaintiff hereby offering and submitting to divide and pay the same to such persons, and in such manner, as this Court shall direct, being indemnified therein, and paid his costs and expenses occasioned thereby, and of this suit. And for further relief, &c. Bill for an Account against Executors, and Tenant for Life, and to have the Residue secured for Benefit of those interested. Humbly complaining, shew unto your Lordship your Orators and Ori- trixes, P. J. of A. J. his wife, and E. J. W. H. J. P. K. J. ^I. J. S. J. infants under the age of 21 years, by the said P.J. their father, and next friend. That W. H. late of the parish of in the county of , duly made and published his last will and testa- ment in writing, bearing date on or about the and thereby amongst other things, gave and bequeathed in the words and figures, or to the pur- port and effect following, that is to say, (state the will) (the substance is, that he gave all his personal estates to his wife for her life, afterwards to Plaintitis.) That the said W. H. afterwards made a codicil to his said will in his own hand-writing, and bearing date on or about the and in the words and figures, or to the purport and effect following, that is 92 BILLS FOR AND AGAIXST EXECUTORS, is to say, (the Testator gave to his son, R. K. H. £ after the death of bis wife,) as in and by the said will and codicil, or the probate thereof, reference, &c. And your, &c. that the said Testator departed this life on or abont the without ha%ing altered or revoked Ir.s said will, except so far as the same is altered bv the said codicil, and witliout having altered or revoked his said codicil. And your. Scc. that S. H. the Midow of ihe said Testator, and the said W, B. and T. O. iwo executors in his said will named, and all Defendant? hereto, have duly proved the said \\ill and codicil, in the proper Ecclesiastical Court, and taken upon them- selves the executorship thereof, and by virtue thereof, liave pos.>essed them- selves of the personal estate and effects of the said Testator to a large amount and value, and greatly nioie than sufficient Lo pay and satisfy his just debts, funeral expenses and legacies. See. That your Oratrix A. J. is the daughter of the said J'estator, in his *aid will mentioned, and that your Orator aivi Oratiixes {the names) are tive only children of the said A. J. and your Orator P. J. and, S;c. that they have by ihemselves and their agents repeatedly applied to the said S. H. W . B. and T. O. and have requested them tu come to a full and true account w ith your Orators and Oratixes for the personal eitate and effects of the said Testator, and to secure and invest the residue and clear surplus of the said Testator's personal estate, for die benefit of your Orators and Qratrixes according to their respective rights and interests therein, and well hoped the said Defen- dants would have complied with such your Orators and Oratrixes rea^^on- able requests, as in ius'ice and equity they ought to have done. But now. Sec. and the said Defendants pieiend that the personal estate and effects of ihe said ^^ . H. were small and inconsiderable, and not more than sufficient to pay and satisfy his funeral expenses, debt'- and legacies, and that they have applied all such personal estate and eftecls in a due course of administration. Charge tlie contran' to be the truth, and so it Tiould appear if the said Defendants would set forth, as they ought to do, a full and true account of all and every the personal estate and effects of the said Testator which have been possessed or received by them tiie said Defendants, or either of them, or by their, or either of their order, or to iheir, or either of their use, and of their application thereof. And your Or- tor and Oratrixes further charge, that the said Defendants ought to make eut an inventory of the said Testator's household goods, household fumir tiire, and implements of household, plate, china-ware, and ware generally 5o called, and household linen, and which inventory ought to be signed by the said S. H. and dtrposiled widi one of the masters of diis honorable Court, for the benetii of all parties mterested therein. All which, &c. to the end, Sec. Iiiterrogatbtg Part. Tliat the said Defendant may answer and set forth wheUier t!ie jaid 'IVstatnr W. H. did not duly make and publish his last will and te>>tauit-nt and codicil thereto m \\riting, of such respective dates, pur- port, and effect as hereinbetore, in that behalf set forth, so far as the sune is set tmih, or some other, and what dates, and to some such or the hkc, or some other and what purport and effect, and whether the said Tr>tator did not depart this life at or about the time aforesaid, or when did ht die, and whether he ever, and when, in any, and what manner altered BILLS FOR AND AGAINST EXECUTORS, 9^ altered or revoked his said will, other than as the same may be altered by the said codicil, and whether he ever, and when, in any, and what man- ner, altered or revoked his said codicil, and whether the said Defendants S. II. W. B. and T. O. did not duly prove the said will and codicil in the proper and what Ecclesiastical Court, and whether they or one and which of them did not take upon themselves or himself die executorship thereof, or how otherwise, and whedier by virtue thereof or otherwise, and how the said Defendants or one and which of them did not possess themselves, herself, or himself, of the personal estate and etTects of the said Testator, to a large and what amount and value, and whether not greatly more than sufficient to pay and satisfy his funeral expenses, just debts and legacies, and whether your Oratrix A. J. is not the daughter of the said Testator in his said will mentioned, and whether your Orators and Oratrixes (the names) are not the only children of the said A.J. and your Orator P.J. And whether your Orator and Oratrixes have not bj; themselves and their agents rhade such application and requests to the said Defendants or some or one and which of them, as hereinbefore in that behalf stated, or some other, and what applications and requests to such or the like or some other and what purport and effect. And whether they have not refused to comply therewith, and for what reason. And that the said Defendants may set forth a full, true, and just inventory and account of all and singular, the goods, chattels, personal estate and effects whatsoever, which the said Testator W. tl. was possessed of, interested io, or entitled to, at the time of his death, and all the particulars whereof the same consisted, and the quantities, qualities, full, real and true values! of all and every such particulars. And whether all or some, and which of such particulars have not, and when been possessed or received by, of come to the hands of the said Defendants, or some or one and which of them, or some and what persons or person 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 part thereof hath been sold and disposed of, and what parts thereof, and to what value and amount now reiiTain undisposed of, and what are become thereof. And also a particular account of all and every the debts whatsoever, which were justly due and owing from the said Testator at the time of his death, and to whom, and for what, and on what securities, if any, the sums were respectively due. And whether any and what sums of money have been since paid in or towards- the discharge of all or any, and which of the said debts, and when and by whom, and to whom, and for what. And whether any and what sum or sums of money, do or doth now remain unpaid on account thereof,' And that the said Defendants may answer the premises ; and that an account may be taken of the personal estate and effects of the: said Testator, possessed by or come to the hands of the said De- fendants, or either of them, or to the hands of any other person or persons by their or either of their order, or for their or either off their use. And also an account of the said Testator's debts, funeral expenses and legacies. And that the said personal estate may be applied in payment of the said Testator's debts, funeral expenses and 91 BILLS FOR AND AGAINST EXECUTORS. and legacies in a due course of administration. And that the residue and clear surplus may be ascertained and secured by and under the direction of this honorable Court, for the benefit of your Orator and Oratrixes, according to their respective rights and interests therein. And that the said Defendants may make out an inventory of the said household goods and other effects specifically given to the said Defendant S. H. for her life. And that such inventory may be signed by the said S. H. and deposited with one of the masters of this honorable Court, and for general relief. J.L. Tray Subpczna against S. H. TV. B. and T. O. Bill by tzvo Executors and Trustees, under a Will, to have the Trusts of the JVill carried into execution^ there being inconsistent Claims. One Executor declines to join in the Suit. ^1 That I. C. was in his life-time, and at the time of his death, possessed of, interested in, or entitled unto a considerable personal estate, consisting, &c. and being so possessed, interested or entitled, he, in or about, &,c. duly made and published his last will and testament in writing of that date, and thereby, &.c. That the said I. C. departed this life on or about, See. without having revoked or altered his said will, leaving his three grand-children H. S. 7\ S. and A. S. in his said will named, and also his daughter H.S. and Plaintiffs, surviving him, and shortly after his deaih, she, the said H.S. and Plaintiffs, being the Executrix and Executors named in his said will, duly proved, &.c. and took upon themselves the execution thereof, and of the trusts thereof. And Plaintiffs well hoped that the trusts of the said Testator's said will might have been performed, and the said Testator's effects administered without suit. But now, &,c. that the said H. S. the daughter, and the said II. S. T. S. and A. S. the three grand-children of the said Testator, claim to be entitled under and by virtue of the said Testator's said will to certain parts or shares of the personal estate and effects of the said Testator, and to certain estates and interests in such parts or shares respectively, not only incompatible with each other, but also incompatible with several other bequests contained in the said Testa- tor's said will. And J^laintiffs being by such ineans, and by means of the manifold contradictions and inconsistencies ap})arcnt upon the face of the said Testator's said will, put to great difliculty in executing the same, and having moreover been advised, that they cannot with safety proceed therein, without the directions of a Court of Equity, they are therefore desirous, that an account may bo taken of the personal estate and effects of saidTestato)-, and that the same may be applied, and the trusts of the said "J'tstator's will performed and carried into execution under the direction of this honorable Court ; and they have for that purpose applied to tli(! said II. S. who is the other Trustee and Executrix named in the kuid 'JVstator's said will, to join them in this suit, but she hath declined, and still decluics joining them. And the said H. S. T. S. and A. S. do all felLLS FOR AND AGAINST EXECUTORS^ 95 all severally decline setting forth what parts or shares, or what estate or Interest they claim to be entitled to, of and in the personal estate and effects of the said Testator, in consideration whereof, and forasmuch as Plaintiffs cainiot proceed to execute the trusts in the said Testator's said will, or to administer his effects with safety to themselves witliout the di- rections of a Court of Equity, nor have any adequate assistance in the premises otherwise. To the end, &c. Prayer. That an account may be taken by and under the direction and decree of this lionorable Court, of all the personal estate and effects of the said Testator T. C. not specitically bequeathed by his will, and of the application thereof, and also of the funeral expenses, debts, and legacies, of the said Testator. And that such parts of the said Testator's personal estate and effects as shall be found to be remaiu- ino- tmapplied and undisposed of, may be applied and disposed of ia such manner as this honorable Court shall think fit, and according to the true intent and meaning of the said Testator's said will ; and that the trusts of the said will may be performed and carried into execution, and that all necessary directions may be given for that purpose. And for further relief. T. P. S. Bill by Legatees for Payr.ient of Legacies and Trusts of fViU carried into E entitled to have one- tliird pait or share of the residue of the real aud personal estate of the said Testator, invested aud secured for her beneiic. pursuant to the di- rections of the said will; and that your other 0:atrixes are eutiiied to have the said sum of ^ , in the said will mentioned, and also two- third parts or shares of the residue of the real and personal estate of the said 1 estator, invested and secured fr^r their benefit respeciively, pursuant to the directions of the said will ; and your Oratrises, being .-o entitled a-f aforesaid, have caused many applications to be made to the said Tiusiees and Executors, and have requested them to come to a just and fair ac- count with your Oratrixes for the personal estate and effects whereof the said 1 estator died possessed, aud of the produce thereof, and of the moiiies arising therefrom, aud of the rents and profits and purchase mo- nies of his real estates received by and by the order or for the use of tha said Trustees and Executors, and also to an account of the said Testa- tor's debts, funeral expenses, and legacies, and that his debts and other charges and expenses might be thereout paid in a course of administration, and in particular your Oratix's A. 11. M.'s legacy of £ might be tbereout paid, and that the clear residue of said Testator's estate might be ascertained and placed out and secured for the benefit of your Oratrixes as they are respectively entitled thereto, pursuant to the said will. And that the trusts of the said will might be carried into execution, with which just, &c. But, Sec. Pretence, )}o zciU mnde ; charge coiiti-ary. Pre- tence, perso)ia/s i/isiifficieiit; charge, contrarj/. And the said W. M., li. M., and N. M,, who are or pretend to be the said Testator's co-heiis at law, at some times pretend that the said will was not so executed and attested as to pass and affect freehold estates of inheritance, and that the said Testator's real estates did not pass thereby, but descended to them as Testator's heirs at law, and they threaten that they will dispute the validity oC the said Testator's will ; and at other times the said Defend- ants will admit the validity of the said Defendant's will, but then they, to- gether with the said A. >!., pretend, that for and notwidistanding the said >y.M., K. M.J and N. M., as the co-heirs at law of the said Testator, did enter into and upon the aforesaid copyhold estate which the said Tes- tator had not .sturendered to the use of his will, and did claim and take the same to and for their own use and benefit, yet that the said Defend- ants W M., ]{. }s\.^ A. M.. and X. M., are, nevertheless, respectively en- titled in and to the several legacies and provisions which the said Testator intended ilicni by his said will, whereas your Oratrixes charge that foras much as it appears by the said will to have been the manifest intention ol the *iaid 'I'fitator, that the said copyhold estate, though not in fact sur- rendered, BILLS FOR AND AGAINST EXECUTORS. 97 rendered, should pass to the uses of his said will, the said W. M., R. M., and N. M,, by claiming and taking the said copyhold estate to and for their own use, and tliereby defeating the intention of the said Testator, have forfeited all benefit and advantage which the said Testator by his said will intended to them, or either of them, or to their, or either of their wives or children. Charge, that the said W. M., 1. M., and O, C, threaten and intend to pay and secure to the said R. M., A. M-, and N. M., and also to the said VV. M. all and every the legacies and bene- lits by the said will intended therein. All which, &c. To the end, &,c. Prayer, And that the salcf will and codicil pf the said Testator may be esta- blished, and tiie trusts thereof performed and carried into execution ; and that the said VV . M., R. M., and N. M., the co-heirs at law of the said Testator, by claiming and taking, to and for their own use and benefit aforesaid, the copyhold estate which the said Testator had not surrendered to the use of his will, may be declared to have forfeited the several legacies and provisions which by the said will were intended to them. And that an.account may be taken of the ptr^onal estate and effects of the said Testator, and of the rents and profits of his real estates, and of the monies arising from the sale thereof, which have come to the hands of the said Executors and Trustees, or any of them, or to the hands, 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 also an account of the said Testator's debts, legacies, and funeral expenses, and that such personal estate may be applied in a course of administration, and in particular that the aforesaid legacy of £ may be decreed to be paid to your Ora trix A.H. M.; and that the clear residue of the said Testator'* estatQ and effects may be ascertained, and, together with the said sum of £ in the said will given to your Oratrix J.VV. during her life, may be placed out and secured for the benefit of your Oratrixes, according to their several and respective rights and inte-, rests therein, purjjuant and agreeably to the trusts of the said will. JVnd that for these purpose* all proper directiops ina^ be givea. And for further relief, §cc. »SEC5-, S8 SECT. IV.— BILLS FOR AND AGAINST TRUSTEES. Bill to re^nove Trustees^ one refusing to act^ and the other having applied Part of the Trust Monies to his oxvn Use. Injunction to restrain them from receiving fur- ther Sums y for the Appointment of new Trustees and a Receiver. Humbly complaining, &c. your Orator and Oratrixes J. E. of, Sec, S. E. the elder, the wife of the said I E,, and S. E. the younger, spins- ter, the daughter and only child of the said I. E. t»nd S. E. That by in- denture, bearnig date, &:c. , and made or expressed to be made between your Orator and Oratrix I. R. and S. E. the elder, of the one part, and >i. B. of, &lc., and R. P. late of, &;c., but now a prisoner in his Majesty's gaol of , and the Defendants hereinafter named, of the other part. After reciting, &c. As in and by, &c. And your Orator and Oratrixes further shew unto your Lordship, that the said R. P. hath principally acted in the trusts of the said indenture, and hath by virtue thereof, from time to time, received considerable sums of money and other 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 lesidue thereof to his own use, and in particular the said R. P. hath, M'ithin a few months past, received a considerable sum from the estate aud effects of the said C. E. the whole of which he applied to his own use ; and your Orator and Oratrix shew that they have by themselves and their agents repeatedly applied to the said R. P. and N. B. for an account of the said trust property received and possessed by them, and of their appli- cation thereof. And 3 our, is.c. well hoped, &.c. But, &c. absolutely refuse so to do. And tl\e said Defendants pretend, that the trust property and effects, possessed and received by them, were to an inconsiderable amount, and that they have duly applied the same upon the trust of the aforesaid in- denture. Charge contrary, &)C. ; and so it would appear, if the said De- fendants would set forth as they ought to do, a full and true account of all and 'every the said trust property and effects, whicli they have re- spectively possessed and received, and of their application thereof. Charge, that t!ic said R. P. tiireatens and intends to use other parts of the said trust property, and to apply the same to his own use, unless he is restrained therefrom by the injunction of this honorable Court. Charge, that he, as \^ ell the said \V. B., ought to be removed from being Trustees under the said indenture, and that some other persons ought to be appointed by this honorable Court as such Trustees in their place and stead, and that in the mean time some proper persons ought to be ap- poiiiud to rcreivi; :inpear to be due from them upon such account ; an(i that the said Defendants may be removed from being Trustees under tlie said indenture, and that it may be referred to one of the Masters of this honqrable 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 Defend.ints may be restrained by the order and injunction of this honorable Court from any further hiterference therein. And for further relief, &c. ___»___»— -^^ ^* But for the Appointment of a nexo Trustee under a Jllar-r,, r'lage Settlement, there being no sU:Ch Fozver therein contained. Trustee willing to be removed. Humbly complaining, &c. your Orators and Oratrixes I. M. P. of, &c. and E. his wife, A. P. and C. P., all 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 Trustee under the settlement), that by certain indentures of lease and release, beaiing date respectively, &.c. the release being of three parts, and made, or expressed to be made, be- tween, &c. (set out indcidure). 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, 8cc. And your, &,c. That the said intended inarriage was, soqu afterwards, had and solemnized between your Orator L M. P., and your Oratrix E. P. ; and that your Orators and Oratrixes (the children) are the only children of the said marriage ; and your Orators and Oratrix shew that the said Defendant, by I. P. L., deidines to act in the trusts of the said indenture, and is desirous tp be di§cijaiged iherefiom, but by reason that no power is reserved in the said indenture for the appointment of a new Trustee, your (Jrators and Oratrixes are advised that he camiot be dis- charged from such trusts, nor any new Trustee lippointed without the aid of this honorable Court. To the end^ 6ic. And that the said De- fendant may answer the premises. Prayer. And that it may be referred to one of the Masters of this honorable ^ Court to appoint a new Trustee under the said marriage setilt-ment, ' M 2 iia 100 BILLS FOR AND AGAINST TRUSTEES. iu the place and stead of the said Defendant; and that the said Defend- ant may be directed to join in such instrument or instruments as may be necessary for conveying or releasing the said trust premises to your Orator I. N. M., and such new Trustee, upon the trusts of the said settlement ; and that thereupon the said Defendant may be dis- charged from the trusts of the said indenture. And for further re- lief; &c. J. L. Bill for reiJioving a Truatte xvho refused to act. States the will, death, probate ; personal estate insufficient, and there- fore necessary to sell the whole or part of real estate, pursuant to the directions of the will. Application to Defendant, who was named a Trustee in the will, to join with Plaintiff in carrying the trusts of the will into execution, and for that purpose to make sale of Testator's es- tates to pay off debts, and otherwise to act iu the trusts reposed in them by the will. And Plaintiff well hoped, &c. But now so it is, &.c. re- fuses to act in the trusts of the will, and therefore Plaintiff is advised and humbly insists, that C. H. ought to release and assign all his estate and interest, in trust, to the said premises, unto I. L. his co-trustee, or other- wise, that a new Trustee ought to be appointed in place of C. H., and the said trust estate conveyed unto I. L,, and such new Trustee, upon the trusts mentioned in the said will. But the said C. H. refuses to assign or convey the trusts, or any part thereof, alledging that he cannot do the same with safety without the directions and indeujuity of this honorable Court. In tender consideration. Sec. To the end, &,c. Vraycr. That the said C. II. may be discharged from the trusts of the will ©f^ the said Testator, and that he may release and convey all his interest' in the trust estate, according to the nature thereof, unto the said I. L. his co-trustee, or that a new Trustee may be appointed in the place and stead of C. H.; and that the trust and premises may he severally and respectively duly conveyed, according to the dif- ferent natures thereof, unto the said I. L. and such new Trustee, and the survivor of them, and his heirs, upon the trusts mentioned and. exprtssecl m the said Testator's will. And that all proper parties may be decreed to join therein. And for further relief. J.L. Bill by Trustee under a Marriage Settlement, to have re- placed in the Funds a Sinn oj Stock, secured by Bond on the 2 rusts of said Settlement, and applied to the Uses of the IVill of Appoint ec. Humbly complaining, 8cc. your Orator, J. W. of, 8cc. that I?. H. N. of, tvc. one of the Delcndanls hereinafter named, by his bond or obliga- tjon in wriliDg, duly executed by him, bearing date, ik.c. became bound to BILLS FOR AND AGAINST TRUSTEES. 101 to S. S. late of, &,c. spinster, since deceased, in the principal sum of ,£ with a condition there under written, reciting, 6cc. as by, &c. And your, &c. that a niarria<;e was afterwards intended to be had and solemnized between W. S. of, &c. and the said S. S. ; and previous thereto a certain indenture of settlement was duly made and executed, bearing date, &.c. between said W- S. of the first part, tlie said S. S. of the second part, and y. K. S. since deceased, of, ^c. a»»d your Orator of the third part, recit- ing, amongst other things, the bond hereinbefore mentioned, and that (in- terest of money d^e on said bond to be paid to VV. S. for life, and after his decease, without is^sue, to transfer principal to S. S, if then liv- ing, and, if dead, as she should apjwiiU, notwithstanding coverture) as in and by, Jjcc. And your, Svc. that the said intended marriage was soon afterwards duly had and solemnized, but there were no children of the ^ said marriage ; and, »kc. that the said F. R. S. departed this life in the life- time of the said S. S. and your Orator is thereby become the sur- viving Trustee under the said marriage settlement. And your, Sec. that the said S. S. departed this life on or about, &^c. having first duly made and published her last will and testament in writing, or a paper writing in the nature of a will, bearing date, &c. and thereby she gave and be* queatlied, ike. £ (to her husband ; " to her sister-in-law, B. S." £ and to her daughters, S. S. and H. S. each £ ; to her nieces, JJ. and £. H. £ each ; to her brother-in-law. Defendant, R. H. N. £ , and appointed him Executor) as m j|nd by, &c. And your, Sec. that after the death of the said Te.^iator, the said K. H. N. duly proved the said will, in the proper Ecclesiastical Court, and took upon himself the executorship thereof. And your, &c. that the said R. H. N. • iu)t having replaced the said stock in the said bond hereinbefore men- \N;^i tioned, your Orator caused a notice in w riting, bearing date, &c. to be »^c' delivered to the said R. H. N. requiring lnn\, 6ic. (to replace said stock). ^ And your Orator well hoped, &c. But now, iJvc. R. H. N. combining with. Sec. the other persons interested under the aforesaid vyill), pretends that the said stock was never transferred to him, or the value thereof paid to him in money ; and that if such stock were ever transferied to hiin, or Uie value thereof paid to him in money, he replaced the said stock some time ago, and in the life-time of the said Testatrix, S. S. and (hat therefore he ought not now to be called upon to pay or replace the same. C/i/trges. that the said stock was, previous to his executing the said bond transferred to him, the said R. H. N. or the value thereof was paid to him in money, and that the said stock was not replaced by the said Defendant, K. H. ]^. in the life-time of the said Testatrix, or at any time since, bu; the sane now remains due and owing from the said Defendant up jh th^ trusts of the said settlement, and which the said defendant will, at oijier times, admit ; but then he, and the said oilier Defendants, the legatees in, the said Testatrix's will named, pretend and insist, that the suid, I'e^tairix disposed of the said stock secured, to be replaced by the said bond hereinbefore mentioned by her said will. Charge, that tlje said, Defend- ant, W. S. chums to be entitled lo t'.ie interest and dividends of the said stock, during his lite, under the said mdenture of setilementj hereinbefore fnentioned. And for that purpose he hath called upon your Orator, as ||ie surviving Trustee under the said mdenture^ to have the »aid stock re- olaced, lO'Z BILLS FOR AXD AGAINST TRUSTEES. placed, and the interest and dividends thereof paid to him durini^ his hfe, but which the said Defendant, R. H. N. hath refused to do. All which, &c. P)'ai/cr. That the said Defendant, R. H. N. niav be decreed to replace the said stock, pursuant to the terms of the said bond, hereinbefore men- tioned. And that he may account with your Orator for tlse interest and dividends of the said stock in the mean time, and that the said stock, when replaced, may be declared upon the trusts of the said marriage settlement, and the said will, or paper \\riting in the na- ture of a will of the said S. S. deceased. And for further relief. ^^^ W. C. BiU by a survivbig Trustee y to be discharged from Trust-s on t Ire Ground of Obstruction bi) the Husband of Cts- iui que Trust. Humbly complaining, sheweth unto your Lordship, your Orator, G. B, of, &c. that J. C. of, Sec. was, in his life-time, and at the lime of his death, hereinafter mentioned, seized of, possessed, or well entithdtoa considerable real and personal estate, and being so seized ar.d possessed, he the said J. C on or about, Sec. duly made and published his last will and testament in writing, and which was executed, &c. And thereby, after confirming an indenture of settlement therein mentioned, of and the several trusts and uses therein mentioned, and which have since expired by length of time, or otherwise ; and after giving and be- queatliing unto E. S. therein named, an annu ty of ^ per annum, and to his sister E. i\. an annuity of £ per annum, and after charging his real and personal estate with the payment thereof, he gave and devised, &:c. (all his estates to Plaintiff, S. 13. I. H. and G. W. \h trust, to pay aforesaid asmuities, and the surplus to the sole use of Testator's daughter, E.C. for life, and after to her issue, as tenants in common, in default thereof, over). And your, &c. that after the making and publish- ing of such will as aforesaid, the said I'estator duly made and published a codicil thereto, bearing date, ike. and thereby directed, &c. {£ per annum, to be added to aforesaid annuities, and revoked the appointment of G. \\ . as Executor and Trustee), as in and by, Slc. And your, &lc. that soon after the making and publishing the said last will and codicil, and on or about, iivc. tlie said J. C departed this life without altering or revoking his said will, save as the same is altered by his said codicil," and without altering or revoking his said will, leaving the said E. C 1. then E. his daughter, only child and heiress at law, and Plaintiff, and the said S. 13. and 1. H. his Executors and Trustees, naniid in his said \\\]\ and cofiiiil, him suiviving, and upon or soon after the death of the said Tes- tator, Plaintiff and the said S. H. and J. 11. duly proved the said will and codicil in the Prerogative Court of the A.of C. and took upon them- selves the burthen of the execution thereof, and possessed themselves of the personal estate and etfects of ihc said Testator ; and also entered into and upon tiic possession of his real and leasehold estates, so devised lo EILLS FOR AND AGAINST TRUSTEES. 103 to them as aforesaid, and received the risnts and profits thereof, and duly applied the same, and the interest arising from ihe suii personal estate, ii^ the payment of the said annuities, and in the maintenance and education of his daughter, pursuant to the directions of his said will. And yuur^ Scc. that the said E. C. I. did soon afterwards, in or about. Sic. by and with the privity, consent, and approbation of Plaintiff, and the said S. 3, and 1. H. intermarry with T. C. of, &c. whereby the said E.C. and her said husband, 'V. C. in her right became entitled to the residue of the said Testator's leasehold houses, premises, and personal estate so devised by his said will as aforesaid. And your, Ike. that by an indenture^ bearing date, &.c. and made between Plainiiif and the said S. B. and I. H. of the first part, the said E. C. of the second part, and the saijd 'J'. C. of the third part, being an indenture of settlement made previous (9 and in consideration of the marriage then intended, and afterwards ha^ between the said E. C. and T. C. reciting, Sic. (to husband for life, then to wife for life, and afterwards, as therein mentioned) as in and by, ck:c. iVnd your, &c. that Plaintiff, and the said S. B. and I. M. ditj, upon the m.irriageof llie saidT. C. and E. C. make up an account witl^ them of all money and effects whatsoever, had, received, produced, paid, applied, or disposed of by them or any of them, by, from, or out of the said freehold and leasehold, and of all other the real and personal estates whatsoever, which were of ihe said T. C. deceased, since the death of the said r. C. received by them, or any of them, in pursuance of the trust and executorship reposed in tliem by the said 'Y. C. and did pay to him the said [. C. the balance due to him on such account. And they, the said T. C. and E. his wife, did thereupon execute to Plaintift" and the said S. B. and i. EI. a general release, bearing date. Sec. And your, Sec. that there is now remaining the sum of <£ , 3 per cent. Bank Annuities Consols, in the name of Plaintiff and the said S. B. the only remaining part of the trust funds mentioned in the said indenture o^ settlement, of, .'Jcc. And your, Sv.c. that the said S, B. and I. 11, have sevenilly departed this life, and the said T. C. hath since also de^ parted this life, leaving the said E. his widow and relict, and three children, viz.T. C, C. T. W, C. and C. C. then and now infants, under the age of twenty-one years, him surviving, and Piaintiif became the surviving ^JVustee and lixecutor of the said will of the said T. C. , A»d your, &c. that the said E. the widow and relict of the §aid T. C. hath,, some time since, intermarried with E. J. one of the Defendants hereinafter named ; and since such intermarriage, the said E. J. hath obstructed Plaintiff in the execution of the said trusts of the said Testator's will, and hath got into the possession of the receipts of the rents and profits of part of the said trust estate, and hath received the same for a long time past, aJ^d in- sists on having a right to receive the same, and hath, for the enforcing the paymejit of such rents, brought ejectments and other actions against some of the tenants of the said trust estate, and distrained upon the goods of others of tiiem, and threatens to proceed iu such actions, and other- wise, against the tenants of the said premises. And the said iv J. hath applied and converted the money so received by him to his own use, without any regard to the account charged on the said estates, by the aaid Testator's will and codicil, and other incumbrances made thereon by .104 BILLS FOR AND AGAINST TRUSTEES. by the said E. bis wife, before her intermarriage with the said E. J. and by means thereof the said account and incumbrances are become in af- rear. And Plaintiff is obstructed in tlie execution of the trusts afore- said, and is threatened with divers suits and actions, for the non-per- formance of the said trusts, and is otherwise put to divers large expenses and costs in and about the premises, and ha'h been obliged to give no- tice to the said tenants not to pay their rents to any person but himself, and to defend them in the actions so brought. And Plaintiff being the only surviving Trustee named in the said will, is desirous of being dis- charged from the trusts thereof, and of assigning over the snid trust pre- mises to some other fit and proper person to be approved of by this ho- norable Court. And Plaintiff hath frequently, and in a friendly manner, applied by himself and others, to ihe said E. J. and E. his wife, and re- quested them to join with Plaintiff in nominating and appointing some other fit and proper person to be Trustee of the said premises, and to permit Plaintiff to assign to such person the said trust estates and pre- mises. And Plaintiff well hoped, &.c But now, &c. E. J. and E. his wife, combinirig with the three infants and E. R. M. W. and R. V\'. and others, reiuse lo comply, and insist that Plaintiff shall not be discharged from the said trusts before he hath passed the acccuiits thereof, under a pretence that there is a large sum of money due to them from Plaintiff on account thereof, ihe contrary whereof Plaintiff charges to be the truth; and Plaintiff is, and always hath been, ready and willing, and hereby submits to account for the trust money received by him, and of the application thereof, in such manner as this honorable Court shall please lo direct. And the said Defendant, the infants, and E. R. M. W^ and R. \\. do ^evt rally pretend and set up some right, claim, or interest, in, to. or out of the said trust estates and premises, or some part thereof, but severally refuse to set fordi or discover what estate, right, title, or interest they, or any of them, have, or claim to have, in, to, or out of the said trust est^ites and premises, and how they severally derive and make out the same, and yet they refuse to permit or consent to Plaintiff's being discharged from the trusts of the said Testator's will and codicil. . All which, 8cc. That an account may be decreed to be taken of the rents and profits of the said trust estates, received by the Defendant, E. J. or any other person or persons, by his order, or for his use ; and that what shall be found due from, on the balance of such account, may be paid by him to Plaintiff, to be applied and disposed of upon the trust, and for the purposes in the said Testator's will and codicil, declared and expressed concerning the same; and Plaintiff may be discharged from the trusts of the said 1 estator's will and codicil, upon passing his accounts, and which Plaintiff is ready and willing, and hereby submits to do, in such manner as this honorable Court fthall please to dir(Ct ; and that it may be referred to one of the Masters of this honorable Court to approve of three or more fit persons to be Trustees of the trust estate, funds, and premises, in the place and stead of Plaiuliff j and that Plaintiff may be at liberty to BILLS FOR AND AGAINST TRUSTEES. lOS tb assign, transfer, and convey the said trust estates and premises unto such new Trustees^ when approved of by this honorable Court; and that Plaintiff may be indemnilied in so doing, by the ordern and directions of tliis Court, and may retain or be allowed out of the trust monies now in his bauds, or which shall hereafter come to his hands, all and every his reasonable costs and charges in and about the premises aforesaid, or that he may be paid the same by the said Defendant E. J. and that, in the mean time some proper person may be appointed by this honorable Court receiver of the rents and profits of the said trust estates, and that the necessary tiirections may be given in that behalf ; and that the said E.J. may be restrained by the orders and injunctions of this honorable Court, from all further and other proceedmgs at law, agamst the tenants of Q^ the said trust estates, or any of them, and from any further receipt of the rents and profits thereof, or otherwise intermeddling with the trust estates, monies, and premises. '^And for further relief. T.N, Bill by Husband and Wife against the Trustees of their Alarriage Settlement^ to have the Portioti raised for younger Children paid. Humbly complaining, sheweth unto your Lordship, your Orator and Oratrix C. C. of , esq. and the honorable C. G. H. late C. G. H. F. his wife, and your Oratrixes — • C. ■ — C. — C. infants under the age of twenty-one years, by your Orator, their father and next friend, that the right honorable T. lord F. late grandfather of the right honorable T. now lord F. one of the Defendants hereinafter named, was, m his life- tiuie, and at the time of making his will hereinafter mentioned, and at the time of his death, seized or well entitled in fee-simple of or to divers messuages, manors, lands, tenements, and hereditaments, situate and being in the several counties of VV., S., M., S., and iJ., which were of very considerable annual value, and had been devised to him by the will of T. then late lord F. deceased. And being so seizt d and entitled, and being of sound and disposing mind, memory, and understanding, the said T. lord F. the grandfather of the said Defendant lord F. on or abt)ut the day of , made his last will and testament in writing, of that date, (which was duly signed and published by him, and attested, as by law is required in cases of devises of real estates,) and thereby gave and devised all that the manor or lordship and capital messuage called , and all other the messuages, manors, lands, tenements, and hereditaments, late belonging to T. lord F. deceased, ^^hich he ■was entitled to under his lordship's will, or other^vise, in the counties of W., S., M., S., and H., or either of them, (except the manor of M., in the said county of W.) and also all messuages, lands, tene- ments, and hereditaments, part or parcel thereof, or at any time j;ur- chased of the then late lord M. together with such other estates then late the property of the said T. lord F. as were thereinafter otherwise devised, with their rights and appurtenances, whether freehold, leasehold, f r copyhold; (subject nevertheless to the charge thereinafter mentioned, for 106 BILLS FOR AND AGAINST TRUSTEES. for making up the deficiency, if any should arise in paying his legacies therein mentioned, and all which legacies have been paid,) to the use of his brother R. F. and his steward A. T. their executors, administra- tors, and assigns, for the term of years, without impeachment of waste, upon trust for payment of certain debts and sums of money as therein mentioiiod ; and after the determination of the said term, to the use of his eldest son T. F. and his assigns for life ; and after ifie deter- mination of that estate, to the use of the right honorable E. earl of O. and earl M. and the right honorable T. lord viscount W. and their heirs, during the life of the said T. F. in trust to preserve the contingent remainders, and from and after the death of the said T. F. to tiie use of J. H. and the Rev. R. ¥. clerk, their executors, administrators, and as- signs, tor the term of years, witiiout impeachment of waste, upon certain trusts, which are all now satisfied ; and after the determination of that estate, to the use of R. J3. and the Rev. T. W. clerk, theii execu- tors, administrators, and assigns, for a term of years, to commence from the day of the decease of his said so.i T. F. hi trust by and out of the rents and profits of the same manors, hereditaments, and premises, or by bale or mortgage thereof, to raise any sums of money not exceed- ing, in the whole, the sum of £ , for and toAai.-is the portion and provision of all and every the yout^ger child and c'nldren of the said T. F. for such estates, in such proportions, under such restrictions, and to be paid to him, her, or them, at such time and times, with such inte- rest or maintenance as the said T. F. should by deed or v>'iil, or appoint- ment, executed' as therein nientiontd, appoint ; and for want of such appointment, to be equally di\ided between, it more than one, share and share alike. And after llie dcterniinalion of the said term of year^, to the use of the first and other sons of the said '1\ F. in tail male, with divers remainders over. And the said Testator's will was, that all the messuages or tenements which he held by lease from the trustees or devi- sees of the then late countess- dowager of O. in the coimty of M. with their appurtenances, should go and be enjoyed by his said trustees, and such pei-son and persons, upon such uses, and for such purposes, as the manor of W., and other the estates of the said T. lord F. deceased, therein- before limited, as lar as the nature thereof would admit; and he gave all other the leasLlioid estates, late of the said T. lord F. which he was enti- tled unto by virtue of his lordship's said will, to the said li. F. and A. T, their executors, administrators, and assigns, for and upon the same uses and purjKjses as the said manor of W., and other the estates of the said 'i\ lord F. as th( reiubelore limited, or as near as bv the tenure thereof the same could be limited, with the power of renew irtg such of the. said leases as wtre renewable. And the said Testator afterwards aid will, whereby, after taking nojtjce of the death of the said Ai V. lie appointed Ivis son A. F. a Trustee in his stead, as by the «aid will and CMJicil, to whicli yom' Orator and Oratrixes crave leave to refer, w'heu produc'Ml, will "appear: And your Orator and Oi'atrixes furt*;er shew luito your Lord;j|iip, that the< .said Testator departed this life Kometune after having made his said will and codicil, witiiout having revoked <»r alicred the same, save as the said will is altered by the said rndiril, a-id the said Testitor left T. lord F. since deceased, his eldtsf -rm aud iieir, who became entitled to an estnte for hfe in the said pre^ niises BILLS FOR AND AGAINST TRUSTEES. 107 pilses devised to bim as aforesaid, subject to tbe trusts of the said term pf years. And the said i'- lord F. the son, afterwards departed this life in the year , lea,ving T. now lord F. one of the Defendants here- inafter named, his only son, and also leaving your Oratrix C. G. 11. now the wife of your Orator, his only daughter and younger child ; and he did not in his life-time make any appointment afi\;cting tlie said sum of £ And the said Defendant V. lord F. upon the death of his said father, and by virtue of the aforesaid will, became entitled to all the said de- vised prcmi:^es, as tenant in tail, subject to the said term of years, and subject to the said, term of years, upon tbe trusts of the said other term of yeafs, having been duly satistieil. And your Oratrix C. G. H. F. as the only daughter of her said father T. lord F. became entitled to have the siun of £ raised upon the said devised pre- mises, by virtue of llie trusts of the said term of years. ■ And your Orator and Oratrixes further shew unto your Lordship, that your Orator intermarried with your Oiatrix C. G. H. some time in or about the month of , and by a certain indenture of four parts, bearing date tjije day of , and made between your Orator of the first part, your Oratrix C. G. II. of the second part, the honorable E. F. of S. in the county of H. and the honorable E. F. of of the third part, and the said R. B. tlie surviving trustee in the before mentioned term of years^ of the fonrlh part, (being a deed to assign over the said term of years to your Orator, for securing the said sum of £ ,) [state the deed']; and by a certain other indenture of three parts, bearing even date with the preceding indenture, and made between your (Orator of the first part, your (Oratrix C. G. H. of the second part, and the said E. F. A. F. and E. C. of , esq. and J,D- of in tiie county of M. esq, of tlie third part, (wiiereby the said ^um of j£ was settled upon the younger chddren which sljould be of the marriage of your Orator and Oratrix, [state the deed] ; and by a certain other ni- denture, bearing dale the day of , and made between the said K. B. of the one part, and your Oiator and Oratrix C. G. il. his wife, of the other part (the said term of years was assigned by B. by way of mortgage) \_state this deed] ; and by a certain other indenture, bearing date the day of , and made between your Orator of tjie one part, and the said E. F. A.F. E. C. and J. D. of the other part, (whereby the premises comprized in the years term, and the said £ was assigned to the trustees as aforesaid,) [state this a/so]\ as by the said several indentures, to wliich your Orator and Oratrixes crave leave to refer, when produced, will appear. And your Orator and' Oratrixes further shew unto your Lordship, that by virtue of the said several indentures, your Orator is become entitled to the interest of the said sum of £ for his life, and after your Orator's death, the said' principal sum will become the property of your Orator's younger chil- dren by your Oratrix his wife ; and in defauli; of such younger children, the same wdl become the absolute property of your Orator. And your Oratrixes — C. — C. and — C. are as yet the only children of the said marriage. And your Orator and Oratrixes further shew, that no pay- ment hath been made to your Orator in respect of the interest of the said sum of c£ accrued due since. the said nsarriage, but the whole of ?uch interest now remains due and owing to your Orator, altjiough the interest 108 BILLS FOR AND AGAINST TRUSTEES. interest made payable for the said sum of £ is at the rate of 4 per cent. only. And your Orator being desirous of having the arrears of the said interest paid him, and of making a larger interest of the said Kioney, which he would be entitled to do in case the same were raised and paid upon the trusts of the said indenture of settlement, your Orator hath therefore, with the consent and approbation of your Oralrix C. G. H. his wife, caused applications to be made to the said A. F. E. T. E. C. and J. D. respectively, the Trustees in whom the said term of years is now vested, and duly required them to take proper measures for raising the said sum of ^ and the interest due for ihe same, or at least to procure the interest of the said sum of £ to be raised to 5 per cent, per annum, and t» be regularly paid, in which case your Orator would have been satisfied, and hath offered to let the said money remain upon the said original security. And your Orator and Oratrixes hoped that such requests would have been complied with, as in justice and equity ought to have been the case. But now so it is, may it please your iLord^hip, that the said A. F. E. F. E. C. and J. D. in concert with the said T. now lord F. viho is an infant under the age of twenty-one years, have refused, and now refuse, to take any measures for raising the said sum of^ and the arrears of interest due thereon, or for procuring the interest of the said money to be raised to 5 per cent, per annum. And the said Defendants alledge that they cannot safely proceed in raising the said money, or in raising tiie said interest, by reason of the infancy of the said Defendant lord F. ; and sometimes they alledge that the said money cannot be raised by means of the said term of years, by reason that the trusts of the said term of years are not all as yet fully per* formtd, whereas your Orator charges, that the said term of years ought not to be considered as an impednnent to raising the said sum of £ , inasmuch as the said term of years is of sufficient vahie to raise tlic said si'.ni of ^t' , in case tlie sune were sold expiessly subject Lo the said term of years, and the f rnie ought to be done, or else the equity of redemption of the said T. lord F. m the premises ought to be foreclosed for the remainder of tlie said term of yearsj^ for the benefit of the persons interested in i];e said sum of £ ; tut the s:;id Friistets, as well rs '"-.;; said IMord V. make various objec- tions tlur< to. In consideration "uhcreoi, and forasmuch as your Orator end Oiatiixes are renjedihss in the premises at the common law, and cannot have relief therein 1-ut by the aid of a Court of equity, where matters of this nature ; re properly cognizable and relievable, to the end therefore that the taiJ Defendants A. F. E. F. E.G. and J.D. upon ther several and respective corjjonil oaths, and the said T. lord F. upon his attestatifii upon honor, may full, true, perfect, and distinct answer make, Xc' .ill rlie imitters aforesaid, to tlic best and utmost of their re- spective kn*^^ ledges, remembrances, informations, and beliei's ; and that as fully as if the s;ime were here r«;pealed, and ^hey thereunto severally snd distinctly inleri()i.'ated, and more e>j)ecially that they may severally answer and set turth, in manner Jifojesaid, whether, &.c. (interrogate ta, each fact as staled t/i the bill.) Prayer, Axm\ that nn r ccount may be taken, by and under the direction and derr' e of this honoxaUlo Court, of iht principal and iuterest due and owing BILLS FOR AND AGAINST TRUSTEES. lOJ^ «wing on the aforesaid security of the premises comprized in th# Said term of years. And that, what shall be coming from such account, may be paid by the said Defendant T. lord F. to the said other Defendants, upon the trusts of the said settlement, and by a short time to be appointed for that purpose, or in default thereof, that the said Defendant T. lord F., and all persons entitled to redeem the said premises, by virtue of the said indenture of the day of may be debarred and foreclosed of and from all right and equity of redemption of and in the said pre- mises comprized in the said term of years ; or that what shall be coming from the aforesaid account, may be raised by sale of a sufficient part of the said premises comprized in the said term of years. And that all proper parties may join in such sale. And that such money when raised, may be paid to the said De- fendants the Trustees, upon the trusts of the said settlement. And that the said Trustees may be directed to pay to your Orator what shali appear to be coming for arrears of interest of the said sum of £ out of the said money when paid to them as aforesaid. And that your Orator and Oratrixes may have such further or other relief ia the premises, as to your Lordship shall seem meet, and this caie may require. May it please, &.c. H. S. Bill against Trustees for selling out Stock in their Names, under a Settlementj w/iichy being in their Custody, Plain- tiff cannot set it out more fully. Account of the Di- X'idoidsy and Injunction from selling the Remainderp Bank a Party. Humbly compi ining, &.c. your Orator, J. R. of, &c. that D. M, widow, late the vife of your Orator, and before her marriage with your Orator, the wife of J, H. intermarried in or about, Scc. with J. H., and that previous to her marriage with the said J, H. the said D. M. was possessed of or entitled to ^ 5 per cent. Annuities, or some such or the like sum or sums of the public stocks or funds which was standing in her name in tlie books of the Governor and Company of the Bank of ilngland, and lliat on or previous to the said marriage some settlement was made of such stock, by which, in the event of the said D. M. mar- rying the said J. H., and there being no issue of the said marriage, such stock \Vas to be or become the property of the said D. M., and the said stock was accordingly transferred in the names of VV. T. late of, &,c. de- ceased, and of li. N. of, &c. one of the Defendants hereinafter named, upon the trusts of suci. settlement, but which settlement, or a copy thereof, is in the possession or power of the DefendaiUs hereinafter named, or some of them, who refuse to produce the same, or to set forth what is become thereof, that your Orator is unable more particularly to set forth the contents thereof. And your, &c. that the said J. H. died in the life-time of the said D. M., without issue by the said D. M., and that on or about, &,c. the said D. M. intermarried with your Orator, and that she departed this life on or about, &.c., and that your Orator hath pro- cured 110 BILLS FOR AND AGAINST TRUSTEES. cured letters of administration of the personal estate ahd effects of the said D. his wife, to be granted to him by the Prerogative Court of Can- terbury, and thereby your Orator became entitled to the said,c£ 5 per cent. Annuities. And your, ike. that the said \V. 'J\ is long since dead, and the said B. N. has transferred the said stock into the names of himself and T. T. of, &c. a Defendant hereinafter named, and the said T. T. and B. N. have sold out £ part of tiie said £ stock, and converted the monies arising from the sale thereof to their own use, and the remaining £ stock is now standing in the names of the said B. N. and T. T. in the books of the Governor and Company of the Bank of England ; but they intend to sell out the remaining £ stock. And your, &.c. that the said T. T. and B. N. have received divers sums of money in respect of the dividends of the said stock which they have not accounted for to your Orator, nor to his said %Yife in her life- time. And your Orator has frequently and in a friendly manner, by him- self and his agents, applied to the said T. T. and B. N. and have requested them to transfer to your Orator so much of the said stock to which the said D. the wife of your Orator, was entitled as aforesaid, as now remains standing in their names, and to account with your Orator for all and every the sum and sums of money received by them or either of them in respect of the dividends of the said stock, which was' not paid over to the said D. in her life-time, and in respect of the said stock which hath been sold by them as aforesaid, and for the interest thereof, and the dividends which might have been made thereof, or to replace such stock so sold out by them. And your Orator well hoped, &c. But now, &c. sometimes pretend, that the said D. M. afterwards the wife of your Orator, was not at any time possessed of any such stock as aforesaid, and that they do not in any manner claim the same from her, or any person claiming from her, or that if they do, that the same hath been settled in such manner, that your Orator hath no interest therein, but that the same is vested in them or one of them, for their own use and benefit ; whereas ybur Orator expressly charges the contrary of such pretence to be true.. x\nd that the said D. M. afterwards the w ife of your Orator, was possessed of, or entitled to stock as aforesaid, which became vested in the said T. T\ . and B. N. in manner and upon the trusts aforesaid, or upon such or the like trusts, under which your Orator is now entitled to the same, and so it would appear if they would set forth the date and particulars of the settlemetit which they alledge was made thereof, and how they make out their title to the same, and would produce and leave such settlement ^vhich they ajledge was made thereof, in the hantls of their clerk in Court in this cause for the usual purposes, but which they refuse to do. And they threaten and intend, unless restrahied by an injunction of this honor- able Court, to sell out the resi(Uie of such stock. And the Governor and Company of the Bank of England, intend to permit such transfer, and if the same be sold out, the money arising from the sale thereof, will be lost. All which; &c. To the end, &.c. And that an accovmt maybe taken under the direction of this honor- able Court, of the said monies which have bucn received by the said T.Ti BILLS fOR AND AGAINST TRUSTEES. ill T. T. and B. N., or by their or either of their order, or for their or either of their use, which liave not been duly accounted for and paid over by them. And that they may be decreed to answer and satisfy to your Orator what shall be found due to him on taking such ac- count as aforesaid. And also the monies which they have received on account of the stocks, so improperly sold by them as aforesaid, or to replace such stocks, and to transfer the same, and the slocks ^vhich now remain standing in their names, to your Orator, and that the said T. T. and B. IN . may be restrained by an injunction of this honorable Court, from transferring the said sum of ^ or .£ 5 per cent, or such other stocks as now stand in their names, and which the said D. M. afterwards the wife of your Orator, was entitled as aforesaid. And that the Governor and CJompany of the Bank of England may be restrained by the like injunction from^ permitting any such transfer. And for further reliefi J. B. SF.CT. 112 SECT. t. — BILLS FOR TITHES. In the Exchequer, Bill by a Rector for Great and Small Tithes, Humbly complaining, sheweth unto your Honors, J. B. clerk, rector of the parish and parish church of in the county of N. debtor and accountant to his Majesty, as by the records of this honorable Court, &c. otherwise it doth and may appear, that your Orator, in and before the year , was, and now is, the lawful rector of the said parish and parish church of H., and as such, entitled to have, receive, and take all the tithes both great and small, yearly arising, growing, renewing, and in- creasing v\ithm the said rectory and parish, and the titheable places thereof; and your Orator further sheweth unto your Honors, that W. B. of the parish of in the said county, farmer, hath, from Michael- mas Day (old stile) , holden and occupied, and doth now hold and occupy, a certain farm, consisting of about acres of land, within the said rectory and parish, and the titheable places thereof. And the said VV. B. hath since the time aforesaid, had growing and arising on and from the said land, great quantities of wheat, barley, oats, peas, beans and other corn, grain and pulse, and grass, hay, fodder and cole-seed, fla.\ and hemp, and hath kept and fed upon his said lands, divers ewes and other sheep which have been shorn, and have yielded divers quan- tities of wool and of lambs, and divers cows which have produced calves and milk, and divers mares which have produced divers foals, and divers sows which have produced pigs, and divers hens, ducks, geese, and other poultry, which have produced young, and divers hives of bees, which have produced honey and wax ; and hath also kept, fed, agisted and depastured on his said lands divers sheep not producing lambs or tvool in the said rectory or parish, or kept after shearing time, and divers other barren and unprofitable cattle, by the agisting and depastur- ing of which he hath made great profit, and hath had and taken, of and from his said lands, divers quantities of potatoes, turnips and other garden stuff", and of apples, poars, cherries, plumbs, and other fruit, and diverm other titheable matters and things, the tithes whereof belonged to your Orator, as such rector as aforesaid. And your Orator further sheweth unto your Honors, that the tithes of the said several titheable matters and things were of great yearly value, and that the said W. B. hath in no manner set out and rendered unto your Orator the tithes of all or any of the said several titheable matters and things, or made to him any recom- pence or satisfaction for the same, as he ought to have done. And your Orator further sheweth unto your Honors, that your Orator hatlj fre- qut.iitly aj)plicd to the said VV. Ji., and hath requested him to discover the particular (luantilies and numbers of the several tiilieable matters and things aforesaid had and possessed by him within tlie said rectory and parish, and the titheable places thereof, and tu account with your Orator, BILLS FOR TITHES. 113 and make him satisfaction for the same, with which just and reasonable requests your Orator well hoped the said W. B. would have complied, as in justice and equity he ought to have done. But now so it is, 8cc. and contriving how to wrong and injure your Orator in the premises, hath absolutely refused so to do, and hath subtracted the tithes, and all and every the titiieable matters and things aforesaid from your Orator, and hath not made to him any recompense or satisfaction for the same. 1\) the end therefore, &.c. and more especially may in manner aforesaid answer and set forth, wl)ellier your Orator was not, at and before the time aforesaid, and is not now the lawful rector of the parish and parish churcli of H. aforesaid, or how otherwise. And whether he is not as sucii rector or otherwise, and how entitled to have, receive, and take all the tithes both great and small, yearly arising, growing, renewing and increas- ing within tlie said parish, and the titheable places thereof, or how other- wise. And whether the said Defendant hath not since the time aforesaid holden and occupied, and doth not now hold and occupy, a certain farm, consisting of such quantity of lauds as aforesaid, or some and what other quantity of land witliin liie said j)arish, to the tilheable places, or how otherwise. And that the said Defendant may set forth a fidl, true, and particular account and description of all the lands respectively comprized in such farm, and the respective quantities of the said several lands, and the manner in which the same have been respectively used and applied in cultivation since the time aforesaid. And may set forth a full, true and particular account of the quantities of wheat, barley, oats, peas, beans, and other corn, grain and pulse, and of grass, hay, fodder, cole-seed, flax, and hemp, which have, since the time aforesaid, been growing and arisino-, cut, taken, ami carried away of and from the said lands respectively. And also a full, true and particular account of the number of ewes which, since the time aforesaid, have been ke|)t and fed upon his said lands, and have been shorn and produced wool and lambs, and the ouantities of such wool, and the numl)ers of such lambs which such ewes and other sheep have since the time aforesaid yielded. And also a full, true, and paiticular account of the mmibers of cows which, since the time aforesaid, have been kept and fed upon his said lands, and have produced calves or milk, and the nmnber of such calves, and the qtianiities of such milk. And also a full, true, and particular account of the number of mares which have, since the time aforesaid, been kept upon his said lands, and have produced foals, and the number of such foals. And also a full, true, and particular account of the number of sovvs vvhich, since the tirne aforesaid, have been kept upon his said lands, and have produced pigs, and the number of such pigs. And a full, true, and particular account of the number of hens, ducks, geese, and other poultry, which, since the time aforesaid, have been kept upon his said lands, and have produced eggs, and the numl)er of such eggs. And also a full, true, and particular account of the number of hives of bees, which have, since the time afore- said, been kept upon his said lands, and the quantities of honey and wax which have been produced by them. And also a full, true, and parti- cular account of the numbers of sheep not producing lambs or wool, or kept after shearing time, and the numbers and kinds of all other barren and unprofitable cattle which have, since the time aforesaid, been kept, fed, agisted or depastured on his said lands, and for how lou^ respectively I SUC.^J 114 BILLS FOR TITHES. such sheep or other cattle have been so kept, fed, agisted or depastured. And also a tull, true, and particular account of the protits made by the agistment of such sheep and other cattle respectively, so far as the same v\ ere agi.'>ted for hire, and of the value of the feed and agistment of sudi sheep and other cattle not agisted for hire. And also a full, true and particular account of the quantity of potatoes and turnips and other garden stuft. And also of apples, pears, cherries, plums and other fruit, and all other the tiiheable matters and things, the tiihes whereof belonged to your Orator as such rector as aforesaid, and which have been had and taken from the said lands in the possession of the said Defendant since the time aforesaid. And also a full, true, and particular account of the respective values of all and everv the tiiheable matters and things afore- said. And whether the said Defendant hath in aiiv and what manner set out and rendered unto your Orator the tithes of all or anv, and which of the said several tiiheable matters or things, or made to him any and what recompense or satisfaction for the same. And whether the tilhes of all or some, and which of ilie several tiiheable matters and things afore- said ought not to ha%e been set out, or rendered, or satisfied to your Orator as such rector as aforesaid. And if not, why not. And whether your Orator hath not made such aj^plications to the said Defendant as aforesaid, or some and what applications, to such or the like, or some and what other effect. And whether the said Delenclant hath not refused lo comply therewith, and whiy he so refused. - rrayer. And that the said Defendant may answer the premises. And that thd said Defendant may be dt creed to come to a fair and just account with your Oiator, for the single value of the tidies of all and every the tiiheable matters and ihiiiils aforesaid. And may pay to your Ora- tor what upon such account sludl appear to be Au^t lo him. \ our Orator hereby waiving all pains and j)tn:dtics which h:ive been in- curred by the said Defet;dant, fur snbtr;icling cr not setting out his said tithes or any of them. And for furihei relief, may it please, 8cc. _^ _ J. L. Bill by i'iciir for Account of Small Tithes, Pretence a J/ocins. Humbly complaining, 8cc. that yr^nr Orator, in the year , was lawfully ])resenltd, instituted, and inducted into the vicarage of the parish and parish church of , and halh e\tr since been, and now is, the true and lawful vicar tlicreof, and as such vicar, your Orator is well and lawfully eiAitled to have, receive, and take all and singular the tilhes )tarlN aiising, growing, renewing, or increasing within the said parish, and ihf ijtheablr places iheieof, except the tithes of corn, grain, and hay ; and your, 8cc. that I. C. of, &.c. the J^efendant hereinafter named, hath e?er y.nn: the holden and occupied, and now liojds and occupies a certain fttrni :mpeatedly applied to the said Defendant, and hatii requested him to discover to your Orator the particular quantities and numbers of the several titheable matters and things had and possessed by him on the faid farm and lands within the >said parish, and the titheable places tiiereof, and to account with your Orator and make him satisfaction for the same, and your Orator well hoped, &c. But now, &c. and the said Defendant hath subtracted the tithes of all and every the titheable matters and things aforesaid from your Orator, and hath not made to him any satisfacti(jn or recompense for the same ; and to countenance such his proceedings, the said Defendant pretends that there hath iminemorially been paid a certain modus or sura of money, in lieu and satisfaction of all vicarial tithes arising from a cer- tain or ancient farm and lands, called, &c. in the parish of, &c. and that the said farm and lands called S. within the said parish, is part of the ■said ancient farm called N. and covered by the s.tid modus, whereas your Orator charges the contrary of such pretences to be the truth ; and that the said farm and lands called S., though now occupied bv the said Defendant, together with the said farm called X., is no part of the said last mentioned farm, bHt altogether distinct therefrom, and halh only lately been occupied and confounded therewith ; and in particular ynur Orator charges, that the said farm and lands called S. was in the year , and for many years about that time, occupied by tiie wiilow S., who duly rendered to the predecessor of your Orator the tithes of the said farm and lands, or made to him satisfaction or reconipense f >r tiie same ; ami your Orator charges, that in the poors' rate made for the said parish, and pre- vious to the year , the said farm and lands called N. and the said farm and lands called 8., are distinctly rated ; and your Orator further charges, that the said Defendant hath, or lately had in his custodv or power, some deeds, instruments, books, papers, or writings, meiilioning or referring to the said two farms, or one of thetn, and from wiience it will appear that the said farms are separate and distinct, but th^ said Defendant refuses to produce the same. All which^ Sic. To the end, ivc. I 2 Bi/l 11^ BtLLS FOR TITHES. Bill to establish a Modus, Humbly complaining, shew unto your Lordship, your Orators 1. P., &c. of, &c. that your Orators now are, and for several years past have been respectively owners and occupiers of certain parcels of land w ithiu the ^id parish, hereinafter described, which are respectively parts of certain ancient meadow lands heretofore and immemorially called by the general name of A. M., that is to say, (describe the several parcels of land, 7inmber of acres, by what name called, in zcliosc occcupation) and your, &c. tliat no tithe in kind now is, or ever hath been lawfully or rightfully due or payable for hay cut or mowed on such lands, by the occupiers thereof, but tliat from lime to lime, whereof the memory of man is not to the contrary, the several yearly rates or sums hercinafler mentioned, have been, and now are lawfully and rightfully due and pay- able by the occupiers of such lands, beirig also ow)iers thereof, at Easter in each year, to and for the use of the rector for the time being of the said rectory and parish of A., as modusses or customary payments for and in lieu of and full recompense and satisraction of and for the tithe of liay cut or mowed on the said lands, by the occupiers, being also owners thereof respectively, that is to say, as to such parts of the said lands, in respect of which certahi rents called loid's rents are, and have been immcmorially payable, after the rate or proportion of one- tenth part of such rent, and as to the other parts of such lands, in respect of which no such rent was payable after the rate of for each and every acre of such meadow lands ; and that such yearly rates or sums as aforesaid have been from time to time, whereof the memory of man IS not to the contrary, paid by or on the behalf of the occupiers for the time being of such lands, being also at the same time owners thereof respectively, to or for the use of the rector for the time being of the said rectory and parish of A., at Easter, or so soon after as the same hath been demanded as modusses, for and in lieu and in full recompense and satisfaction of and for the tithe of hay cut or mowed on such lands, by tJie occupiers thereof respectively, such occupiers being also at such times respectively owners of such lands ; and that such yearly rates or sums as aforesaid have been from time to time, whereof the memory of man is not to the contrary, accepted by the rectors for the time being of die said rectory and parish of A., who were the successive predc- Cessois of M. M., clerk, the present rector of the said rectory and parish, or their lessees or farmers, as modusses or customary payments for and in lieu and full recompense and satisfaction of and for the tithes of hay cut or mowed upon any of the said lands, parcel of the said lands called |)y the name of A. M., by the occupiers thereof respectively for the time being, such occupiers being at such respective times also owners tlxreof respectively; and that no tithe in kind or other recompense or satisfaction than the said yearly rates, hath at any time within the memory of man been delivered, paid, or made, by or on behalf of any occupier of any part of sucli lands, being also at the time owner thereof, to or for the use of any rector of the said rectory, for or in respect of the tithe of hay cut or mowed by any occupier of any of such lands, who was ot the same time the «AVMtr thereof; and }our, iJvc. that the said several yearly Jorfi's rents hereinafter mentioned, are payable for such parts of tlic aforesaid Jaud^ as are hereinafter mentioned, that is to say, (licre dciuiltc BILLS FOR TITHES. 117 descrihc the several rates, and for JH'hat lands pai/ahhy S,c.) ; and your, ifvc, tlrat from lime to time, whereof the memory of man is not to the contrary, the several yearly sums hereinafter mentioned, and no more, have been and now are respectively and rightfnlly due and payable at Easter in each year, by the occupiers for the time being of all the lands within the said rectory or parish of A., to and for the rector for the time being of the said rectory and parish, as modusses, for and in lieu aiul full recompense and satisfaclion of and for the several tithcabie matters and things hereinafter mentioned ; that is to say, for every cow, &c. and tliat such yearly sums have been from time to time constantly, from time whereof the memory of man is not to the contrary, paid by your Orators, to or for the use of the rector for the time being of the said rectory and parish, at Easter in each year, or so soon after as the same hath been de^ manded, as modusses respectively, for and in lieu and full satisfaction of the several and respective tilheable matters and things hereinbefore mentioned, down to Easter, , being the last day of payment thereof preceding the induction of the said M. M. into the said rectory, and that such yearly sums have been fron» time to time constantly, from time whereof the memory of man is not to the contrary, until the induction of the Siiid J\J. M. into the said rectory, accepted by the said rector of the said rec- tory for the time being, or his lessee or farnier, as modusses respectively, for and in lieu and full satisfaction of and for the several and respective titheable matters and things aforesaid ; and that no tithes in kind or other recompense or satisfaction than such yearly payments, have or hath at any time within the memory of man been delivered, paid, or made, by or on behalf of any owner or occupier of lands within the said parish of A., to or for the use of any rector of the said rectory ^wd parish, or any person for or in respect of such titheable matters and things as aforesaid, or any or either of them ; and your, 8cc. that all the aforesaid several modusses, as well for the tithes of hay as for the tithes of s«ch other titheable matters and things as aforesaid, are well known to have been paid and received within the said parish of A., by the parishioners of the said parish ; and particularly your Orators shew, that the late Uev, I. G. who was rector of the said parish of immediately preceding the said JNI. M., and some of his preilccessors, rectors of the said rectory, kept books of account, wherein they respectively entered the modusses, as received by them respectively, in lieu of titlies of the said titheable matters and things aforesaid, which said books of acconut, so kept by the said I. Q. and his predecessors, wherehi the said modusses are entered as received, were, upon the said M. M. being presented to and inducted into the said rectory, taken possession of by him, and th« same are now in his custody or power, and are now withheld by him ; and your, &c. that they are now ready and willing to pay, and have several times offered to pay, the said several modusses or anctent pay- ments hereinbfore mentioned, to the said M. M., in lieu aiui satisfaction of the several titheable matters and things aforesaid ; antl youv Oiatos^ well hoped that the saihich of them have or hath not for several or son;e, and vvliat liumber of years, and from time to time since, imtil the present time, or until sonie and what other time, held and occupied, and are or is not the owners or owner of such parcels of land as aforesaid, or some and "what parcels of land within the said parish, or the titheable places thereof, and whether all or some, and which of such parcels of land are not parts or parcels of ancient meadow lands heretofore and imme- morially called by the general name of A. M. ; and wirether any tithe iij kind now is, or ev3r hatli been, and where in particular, lawfully or right- Jully due or payable for hay cut or mowed on such lands by th.e occupiers thereof respectively, when such occupiers are also the owners thereof, and whether from time to tinie, whereof the memory of man is not to the contrary, the several yearly rates or sums hereinbefore partly men- tioned, or some and what sums have not been, and are nor now, lawfully :md rightfully due and payable by the occupiers of such lands, being at the same time also owners thereof, at Master, or what other time in each year, to or for the use of the rector ibr the time being of the said rectory, as modusses, or customary payments, for and in lieu and full satisfaction pf and for the tithe of hay cut or mowed on the said lands by the occu- piers thereof, being also owners thereof respectively, or on some and what other account; and whether t;uch yearly rates or sums as aforesaid, or any and what other rates or sums, have not been from the same, or some and what })eriod of lime, paid by or on the behalf of the Occupiers for the time being of such lands, being also at the same time owners thereof respectively, to or for the use of, and accepted by or on 1'chalf of the rector for the lime being of the said rectory and parish, at Kasler in every }ear, or any and what other time, for and in lieu and full recompense and sati>faf tion of and for the tithe of hay cut or mowed on such lands as aforesaid, by the occupiers thereof respectively, being also at sucli times nspectively owners of such lands; and whether any tidic ill kind, or any and what recompense or sutislactioii tjian the said yearly BILLS FOR TITHES. 119 yearly rates liave or hath, at any tinje or times, and wlicn in particular, been delivered or made, by or on bclialfofany and what occupier of any and what part or parts of such lands, such occui)ier being at the same time owner thereof, to or for the use of any and what former rector of the said rectory, for qr in respect of the tithe of iiay cut or mowed on or from ofF any of such lands as aforesaid, by any such occupier or occu- piers, being at such time or limes owner or owners of such lands ; and whether such yearly lord's rents as aforesaid, or some and which of them pre not, and has not been from time to time inuDeniorialiy payable for such pa)ts of si^ch lands respectively as aforesaid, or some and which of them, and whether from time, whereof ihe memory of man \s not to the contrary, or for some and what time in particular the several yearly sums hereinbefore in that behalf nu ntioned, or some other and what yearly sums have not been, and are not now, respectively and rightfully due and payable at Easter, or what other time in each year, by the occupiers for die time being of land within the said parish, to or for the rector of the same parish, as modusses, for and in lieu of and full recompense and satisfaction of and for the several other titlieable matters and things hereinbefore in that behalf mentioned, or some aud which of them ; and whether such last nientioned yearly sunis, or some and which of them, have not been from time to time aforesaid, or from some ■ and what time, paid by your Orators, or some or one and which of them, to or for the use of and accepted by or on behalf of the rector of the said rectory, as modusses, for and in lieu and full satisfaction of and for die several and respective titheable matters and things last before nientioned ; and whether any tithe in kind, or any other and what recompense or satisfaction have or hath, at any time, and when within the time aforesaid, been delivered, paid, or made, by or on behalf of any, and what owner or occupjer of any such and what lands within the said parish of A., to or for the use of any and what rector of llie said parish, or any other person, for or in respect of such titheable UKitters and things as aforesaid, and whether the aforesaid several modusses, or some and which of them, were or is not well known to haye been paid and receiv- ed within the said parish, by {he respective parishioners thereof, or some and which of them, and whether the late I.G. was nut the rector of the said parish immediately preceding the said Defendant, and whether or not he, or some and which of his predecessors, did not keep several, or some or one and what books or book of account, wherein they respectively entered, or caused to be entered, the several modusses aforesaid, or some and which of them., as received by them respectively, in lieu of the tithes of the several matters and things aforesaid, or some or one and which of them ; and whether such books of account, or some and what books or book, respecting the matters aforesaid, or some and which of them, containing some and what entries relating thereto, or some and which of them are not, or were, or was not lately in the custody or power of the said Defendant, or some and what other person or persons for his use, or on his behalf, or where the same now are; and whether he the said Defendant doth not withhold, or cause the same to be withheld from your Orators, and whether your Orators, or some or one and which of jhem have, or hath not been at all times ready and willing, and have or hath ICO BILLS FOIl TITHES. hath not offered to pay to him the said Defendant, the said several ina- diisses or ancient payn)ents hereinbefore mentioned, in Heu and satisfac- tion of the several titheable niatters and tilings aforesaid, and whether he the said Defendaiit doth not refuse to accept the same, and doth not in- sist upon your Orators paying Uie tithes of the several matters albresaid in kind, and doth not for that purpose ?iiake use of the several pretences hereinbefore for that purpose mentioned, or some and what other pre- tences or pretence to justify him in such refusal. Prayer. And that the said Defendant may produce and leave iu the hands of his clerk in Court, all such accounts, books, and other papers, as relate to the tithes of the said parish of A,, which were hereto- fore in the possession or power of the said I. G. the late rector of the said parish, and which have since come into the hands or pos- session or power of him the said Defendant, with liberty for \vv\.r Orators, their clerk in Court, or agent, or solicitor, to make copies thereof, or extracts therefrom, as they shall be advised, at your Orator's expense; and that the said Defendants may answer the premises ; and that the said several modusses may be established by the decree of this honorable Court, against the said M.M. rector of the said parish, and his successors, and all proper and necessary directions given for that purpose. And for further relief, »kc. W. A. Bill by a Lessee of great and small Tithes for an Account. Pretence that Land is discharged. Humbly complaining, shew unto your Honors, your Orators, J. R., late of, &.C. but now of, &c. and W. H., of, &.c. debtois and accountants, &c. that the deans and canons of of , with his castle of , are and for a great length of time past, have been seized, to them and their successors, of the impropriate rectory and parsonage of D. in the county of B., and the tithes, both great and small, yearly arising, growing, renewing, or increasing, within the said parish of D. or the titheable places thereof; and being so seized the said dean and canons, by indenture of lease under their common seal, bearing date, &€., and made between them the said dean and canons of the one part, and Plaintiff J. R. of the other part. Tor the considerations therein mentioned, demised, amongst other things, unto Plaintiff J. K., his execjitors, administrators, and assigns, the rectory and parsonage of D., with all, ik.c. v\nd your, is.c. that Plaintiff J. R. lacing possessed ol liie said lease, did, by indenture of lease, bearing date, Ike, made between him of the one part, VV. H.of the other part, demise the said rectory and parsonage of D., with all tiie appurtenances, as held by liim nnd;c. To the; i^nd, iicc. Praijcr. 'J hat an account may be taken, by and under the direction and decree of this honorable Court, of the tithes of the several titheable mat- ters and things aforesaid, had and taken by them, the said Defend- ants, in liie three years aforesaid, and of the single value thereof; and that the said Defendants may be decreed ti) })ay unto Plaiiilifi's respectively what shall be coujing to Plaiutift's respectively in the taking of .such account, Phiiiitiils hereby waiving all j)ains and j)e- nahics which have been incurred by the said ])efendants, by means of their sublractiui; or not setting out the said tithes. And for fur- ther relief. K. II. Bill BILLS FOR TITHES. 123 Bill .for estahlishing a Modus i)i lieu of Tiihes.^ brought against tJia Tenants in Fee of an Impropriate Tlectory and their Assignees^ and for a Discovery of Books in which Accounts of Paijmcnts of Tithes have been kept. States, that PIfiintiff now is, uiitl, for several years last past, hath bet n Sfiiied in fee and possessed of a certain ancient farm and lands, jConunDnly called H. C, situate, &c. now and from lin)e whereof the memory of man is not to the contrary, consisting of, iJcc. and being together of the yearly value oi £ . Tirat the said farm and lands were formerly the estate of A. B., and diat some time in or aijout, &c. sold and conveyed die same to one T. S., some time since deceased, and irom whom the same descended, and came tt) PiaintiU". That the dean and chapter of the collegiate church of St. P. iq \V., are and they and their predecessors, deans and chapters of the said cimrch, for many years last past have been seized in fee of the impropriate rectory of the parish of as aforesaid. "^i'luit from time whereof the memory of man is not to the contrary, there hath been paid and payable to the rectors or impropriators of the said parish, f^^''" t'i<^ i\me. being, the sum of £ at , yearly, by the occupiej- or occupiers, for the time beiiig, for the said farm and lands, called il. C, as a modus, for or in lieu of, and in full satisfaction of all tithes and titheable matters yearly arising, growing, in- creasing, and renewing, upon or froaj the aaid ancient farm and lands, and every part thereof. That the dean and chapter of th^ same church did demise or grant the said iniprqpriate rectory, with its appurtenances, to "^r. F., of, &c. and G. P., and their heirs, for their lives, and the same impropriate rectory, wid) its appurtenances, hath ever since been and now is vested in the said T. F. and Ci. P. ; and Plaintiff hoped that the said T. F. and G. P. would have acquiesced with and under sneii intxlns as aforesaid, and would have accepted for the same in future, in lieu and in satisfaction of and for all the great and small tithes arising upon or from the said estate or farm. .But now, iicc. the said dean and chaptpr, &c, combining, &.c. give out and insist that there is not any such modus or customary payipcnt as £ , or any modus or customary payment, payable in lien of the great and sniall tithes of the said farm, called, &c. but that the same tithes are payable in kmd, and that if the said sum hath been paid and received as a satisfaction for or in lieu of tiie same tithes, that the same hath been paid under some agreement for that purpose, made by and between the owner or occupier of the said estate, and the person or persons who were entitled to the tithes thereof, and as and by way of composition for the sarjie. Charge, that the said sum hath been paid from time. Sec. as a modus for or in lieu of all the said tithes, and not as a temporary composition for the same, or upon or by virtue of any agreement which was made for that purpose within the memory of man; and that so it would a[)pear in and by the said books and papers wherein the account of the tithes and customary payments paid in liqu of the great and small tithes, arising in the 124 BILLS FOR TITHES. the said parish of, &c. and particularly of the said customary payment Tihich hath been made in lieu of the tithes arising on the said estate or farm, called, Sec. have, for many years last past, been entered and kept, jn case any of the leaves, or parts of the leaves of the same books or papers, have not been cut or torn out, or the items or entries therein have not been erased, obliterated, or altered, and \vhich said books and papers now are, and for many years have been, or lately were, in the custody, possession, or power of ihe said dean and chapter, and the said T. F. and G. P., or some or one of them, or of some person or persons with their privity. Charge, that the said dean and chapter, and the said T. F. and G. P. insist upon being paid after the rate of in the pound, according to the annual rent or value of the said estate, or some other sum more tlian the amount of the said modus or customary payment for the same, for the year ending at last; and threatens or intends to commence or institute and prosecute some suit or suits in this or some other Court of judicature, to compel Plaintiff to comply with suchdenumds; and they the said dean a!id chapter give out and insist that Plaintiff for the future shall pay the great and small tithes arising on his said estate in kind, or else shall comply with and pay them for the same tid)es after the rate of in the pound, according to the full improved annual rent or value of the said estate, or some other annual suai more than the amount of the said modus or customary payment for the same, and tjireatens or intends to commence and prosecute some suit or suits against Plaintiff to compel him to comply with what they do insist upon m case of his refusal so to do. 'J'o the end, &c. And whether they the said dean and chapter and the said T. F. and G. P., or some, or one, and whi* h of them respectively, or any other and what person or persons at sonte ajid vliat time have not, and when last had, in their, or some, or one, and which of their possession, custody, or power, some and how many and V hat books or book, papers or paper is, wherein the accounts of the money received and paid for the great and small tithes of all the liiheable matters arising in the said parish of were and for how long time, and from and to what time, and when entered; and that the said J^etendants may set fojtli all entries in such books or book, papers or paper, respecting the said tithes, or may h ave the said books, tvc. in th« hands of their clerk in Court, and that Plaiiitiff, or his clerk in Court, or solicitor, may inspect atid look at all the said books and papers, and every part thereof, and v\ hether any and how many in the w hole, and how niany obliterations, erasures, and altciations, have been made in the said books and papers, and every of them, and particularly as to the sums therein enteietl or mentiinied to be paid for the said last-mentioned tillie,-:, and every of such sums, and by whom, and when and why, and with what view or design, or for what end and purpose such obliterations, and every of them, were and was so made, and of whose hands or hand writing such obliterations, and every of iheni, are and is, and what were and are the items and iutries m the said books and papers, and every of tliem, before die items and entries, and each and every of them \^ere and was so obli(eratee great or small tithes of all the titheable matters arising yearly upon the said estate or farm, called, Sec. may be established by the decree of this honorable Court; and that the said T. F. and G. P. may be directed to accept and take of Plaintiff the said sum of £ in lieu and satisfaction of and for the great and small tithes of all the titheable matters which did arise on the said estate, in or for the year ending at , SECT. 126 SRCT. VI.— BILLS TOR SHIP ASSURANCE. Bill by Underwriters, for a Fraud practised upon them in representation of the I'oyage, the Policy xc as from to J and the Assured brought an Action for a total Loss on that Voyage, when in fact the Ship's destined Voyage nas to , tchere she arrived, and •was sold uith her Cargo. Stats that W. W., of, &c. alone or jointly with some other persons, was or were or pretended to be before and at tlie time of tlie making the insur- ance after-mentioned owners of a certain merchant ship or vessel called, the and they or one of them, particularly the said W. W. or I. B. and T. G. of the city of , insurance brokers, and copartners, as agents for and on the behalf of the owners or owner of the !?aid ship, on or about, ^cc. caused a policy of insurance to be opened at the city of on the said ship and her cargo, against the clanger of the sea and capture of any foreign enemy, on a voyage to be by the said ship from the fiort of to and which voyage it was upon such occasion pretended that the said ship was immediately to make, and such insurance was accord- ingly effected at the city of , on or about, Sic. and amongst oiher persons who underwrote or subscribed the said policy, your Orators respectively underwrote the same for the sum of ^' each, at or after the premium of guineas, per cent, to return 5 per cent, for having departed with the West India convoy, if arrived, i. e. to Plaintift' 1. R. the respective sums of £ each upon the said ship, which was valued in the saidpolicy at £ , and the rest of Plaintitfs the like sum oi £ upon the cargo on board the said ship, as in and by, S:c. That notwithstanding the lepresentation made to Plaintiffs at the time of making the aforesaid insurance to the port of die said siiip's destina- tion, the voyage really intended to be made by her was not from the port ot , 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 Plaintiffs having been deceived and imposed upon by such untru? representations of the said ship's in- tended voyage, the said insurance was fraudulent, and therefore the said policy was null and void. 'J'liat the said ship afterwards sailed from the port of with some odier ships which wc re to proceed under convov for , but the said ship soon after quilted the said Heet and convoy, and deviated fron\ the regular course or track of such a voyage, and proceeded to some other port or place, not specified or mentioned in the said policy of in- surance, paiticularly to the port of or some otiicr port or plate in \\lier«- the said ship and her cargo was sold for a large sum of money in the whole, and which was afterwards received bv the said \\ . N\ . and the otht r joint owners of the ship, or some or one of them, i iial l^laiutiffs well hoped, under the circumstances aforesaid, they should BILLS FOR SHIP ASSURANCE. l27 ^kould not have been called upon for the payment of rfny sums of money \vluitsoever, on account of their having subscribed of underwrote the aforesaid policy ot insurance. But now, &c. the said confederates at some times pretend that the in- surance was not made fraudulently or unfairly, and ihiit Plaintiffs were not in any manner imposed upon therein, and that the voyage actually intended to be made by the ship , was the voyage particularly mentioned and specitied in the said policy, viz. from the port of to , and that she never made any deviation therefrom. And they also at sonie times pretend that the said ship was lost or foundered at Sea in the regular course or track of the said voyage. And at other times they give out, that the said ship was in course of her voyage captured by the enemy, and afterwards condemned as lawful prize, and that for some or one of such reasons, Plaintiffs and the several other underwriters on said policy became liable to pay the several sums insured or underwrote by them respectively on the aforesaid policy. Charge contiaiy. And that Plaintiffs were deceived and imposed upon in manner aforesaid, respecting the j)lace or port of the said ship's destination, for that the said ship was at the time and upon the occasions aforesaid destined or intended for a voyage to or some other port in , or some other port or place in . And Plaintiffs charge that said ship in the course of said pretended voyags, separated from the rest of the ships or fltct, and made a deviation, and proceeded or sailed for the port of , or some other port or place in , or to some other port or j>!ace ditt'crent from the port of destination mentioned in the said policy, \Tiicre the captain or sonie other persons or person on bt.ard, sold and disposed of said ship and cargo as herein before is mentioned, and that divers remittances were afterwards made to on account of sudt sale, or the produce tliereot", to the said confederates the owners Oi* some or one of liiem, and l!ie said ship and cargo were so sold and disposed of, Eiicli fVauduK'nt insurance as aforesaid having been previously made thereon, pursuant to, and in consequence of some plan or scheme, con'- certed or contrived between the said confederates, or some or one of diem, and the said , the captain, or to which they, some or one of them were or was paivy, and that it was never meant, intended, or understood by and between the said confederates, or any of iheni, that said ship should perform the voyage specified or mentioned in the aforesaid policy of in- surance, or proceed to Atid Plainliffs moreover charge, that said ship was not lost, captured or taken by the enemy, or however, not in tlie regular course or track of a voyage from to as mentioned in the said policy of insurance. And as evidence thereof, Plaintiffs charge, tiiat 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 liad actually been lost or captured,-. nor was the said ship ever condenmed, or any sentence of condemnation passed upon her as a lawful prize. And as a further evidence of the aforesaid deception and imposition, Plaiutilfs charge, ihut the said confederates (the insurance brokers) or some persons by their orders or directions, or with their privity or consent, some time in or about the month of , in the year of , wrote and sent a letter to their agent or correspondent at , employed by them to effect 12S BILLS FOR SHIP ASSURANCE. effect the aforesaid insurance, directing bini to apply to Plaintiffs or some other of the underwriters on the said policy, and to offer to cancel tiie 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 un- fairly made on the part of the said confederates (the owners), and that the underwriters on 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 said confederates (the owners) of said ship, had iio just claim or demand upon the underwriters in respect of the sums insured or underwrote thereon. And Plaintiffs also charge, that divers letters or notes have been written and sent to, or received by, or passed between the said confederates, or some or one of them and their corre- spondents or agents at , or the persons or person employed by them the said confederates, or some or one of them in or about the making the aforesaid insurance ; and the said , the captain of the said ship, or some or one of them, relating to or in some manner concerning the several matters and things herein before mentioned and inquired after, particularly the making of the aforesaid insin ance, and the fraud or decep- tion practised or intended to be practised upon Plaintiffs and the under- writers of said policy, and which said letters or notes, or some copies, abstracts, or extracts thereof, or of some or one of them, together with divers other papers, memorandums, or other writings relating to the mat- ters aforesaid, are now or late were in the custody, possession or power ot them, said confederates, or some or one of them. And Plaintiff's also charge, that the truth of the several matters and things herein before charged and set forth, and particularly, that Plaintiffs were deceived or imposed upon in the making the aforesaid insurance, and that the said ship was not lost or captured : and that the said confederates, the owners of the said ship, have no just or fair demand upon Plaintiffs 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, ahhough ihey have been frequently applied unto for that purpose, and under such or the like pretences as aforesaid, or some others equally unjust or unreasonable, the said confederates insist on the contrary. And said confedeiate \V . VV. hath also lately commenced separate actions at law against Plaintiffs in his Majesty's Court of King's Bench, at \V. to recover the sums respectively underwrote by them on the said policy, and he threatens to proceed to judgment and execution thereon, well knowing tliat i^laintiffs are not able to make a good dei'ence at law in the said actions, with a full disclosure and discovery of the seve- ral malteis aforesaid, ami without the benefit of the testinioney of their witnesses, MJio resitle at and , and other parts of , mid also in other parts and places abroad, and who could prove the truth of the several matters and things herein before charged and iuijuired after. And confederates refuse to discover to Plaintiffs, the luuiKs or j>Iaces of abode ol" the other persons whom they at some times alledije to be joint owners with them of the said ship. All which, &c. 1 cc. And your, Scc. that by another deed-poll indorsed on the said articles, midtr tin; haiuls and seals of, &c. bearing date, &c. as in and by, &c. And yoiir, See. that the said partnership business was entered upon and ronliiiued, in pursuance of the said articles of agreement, under the direc- tion and attention of the said I. H. and H. G. until on or about, &c. and the said I, G, and 11. G. were respectively provided with houses to reside PARTNERSHIP CONCERNS. 137 reside in at the copartnersliip expense, and regularly took and received out of the copartnersliip eftecls the yearly sum of £ , in the propor- tions stipulated in the said articles ; but the said business not havinj; proved as beneficial as was expected, neither your Orators, nor the per- sons inider whom they claim in the said concern, have ever had or taken any profits therefrom, but the whole of the monies wliich by the said recited indenture are stated to have been due to your Orators, now re- main due to your Orators, according to their several rights and interests therein as aforesaid, together with all subsequent interest thereon. And your, &c. that on or about, Scc. the said was arrested at the suit of , for a debt of £ , and hath in consequence of such arrest ever since been, and now is, a prisoner in the King's iiench prison. And your Orators shew, that by reason of such imprisonment of the said I. G. the said copartnership concern iialh been, and is greatly discredited, and great loss hath been sustained in the said business by the absence of the said I. G. therefrom, and the said I.G. having no capital in the said concern, and assisting tlierein only by his personal attention, which by such his imprisonment hath been, and continues to be wholly lost, your Orators have made frequent applications to the said I. G. to withdraw from the said copartnership, and to come to a just and true account with jour Orators for all and every the copartnership dealings and transactions, with which just and reasonable request your Orators, &c. But now &c. And the said Defendant pretends that he hath a right to continue to share in the profits of the said joint concern, and hath even a right to draw therefrom in the first place the annual sum of £ , beiuT his proportion of the said sum of jC , agreed to be paid to the said De- fendants for their attention to, and management of the said business ; whereas your Orators charge, that the said I. G. having only contributed to the said copartnership interest by his personal attendance upon their concern, hath by his inability to assist therein, lost and forfeited all right to continue to share in the profits, and in particular hath lost and for- feited all right to any proportion of the said annual sum of £ , which was allowed to the said Defendants in the proportions aforesaid, expressly for their management of, and attendance upon the said busi- ness. And your Orators charge, that the said Defendant I. G. hath, since his imprisonment, suffered the house in which he resided at the expense of the said copartnership, to become greatly dilapidated and out of repair, to the great injury of the said copartnersliip. And your Ora- tors further charge, that the said H. (t. refuses to join yom- Omtors in ih'is suit. All which, &c. To the end, &c. And that the said Defendants may answer the premises. And that the said copartnership, as far as respects the said Defendant I. G. may be declared to be dissolved. And that accounts may be taken of all and every the said copartnership dealings and transactions, as far as relates to the said 1. G. And that the said [. G. may be di- rected to pay to the said continuing copartners what, if any thing, shall upon such account appear to be due from him, your Orators being ready and willing, and hereby offering to pay to the said J. G. ^\hat, if any thing, shall appear to be due to him irom the said joint concern. 138 PARTNERSHIP CONCERNS. concern. And that the said Defendant I. G. maybe directed to assign to your Orators and to the said H. G. Iiis share and interest in and to the said copartnerslnp estate and effects. And that the said I. G. rnay in the mean time be restrained by the order and in- junction of this honorable Court, from di&[>osing of any part of the said copartnership money, or from collecting or receiving any of the debts due and ownig thereto. And for further relief, ^c. Bill for Dissolution of Partnership, and Injunction to re- strain J rom collecting Debts. Humbly complaining, sheweth unto your Lordship, your Orator P. C. of, 5cc. that in or about the month of , your Orator entered into an agreement with C. B. of, &c. and C. F. of, &c. the ]^efendants here- inafter named, to form a partnership with them in the business of auc- tioneers and appraisers, which agreement was reduced into writing, and signed by your Orators and the said Defendants, and was in the words and figures, or to tlie purport and eti'ect following, that is to say, " Mr, C. being desirous," 8ic. &,c, as in and by the said agreement, reference being thereunto had, will appear. And your, &c. that the said copart- nership business was entered upon, and hath ever since continued to be carried on by your Orator and the said Defendants, in pursuance and under the afo'resaid agreement, no articles or other instrument having ever been prepared and executed between them. And your, &.c. that having much reason to be dissatisfied with the conduct of the said C. B. and being desirous therefore to dissolve the said partnership, your Ora- tor, on or about the day of , caused a notice in writing, signed by your Orator, to be delivered to the said C. B. and C. F. in the words and figures, or to the purport and effect following, that is to say, " In conformity," &c. Sec. as in and by such written notice, now in the cus- tody or power of the said Defendants, or one of them, when produced, will appear. And your Orator shewelb, that the said C B. hath, from time to time since the commencement of the said partnership, applied to bis own use, from the receipts and profits of the said business, very large sums of money, greatly exceeding the proportion thereof to which he was entitled, and in order to conceal the sanie, the said C B. who hath the management of the said copartnership books, halh never once ba- lanced the said books. And your Orator sheweth, that having in the beginning of the year discovered that the said C. B. was greatly in- debted to the said copartnership by reason of his application of the part- nership monies to his own use, your Orator, in order to form some check upon the conduct of the said C B. requested that he would pay all copartnership monies which he received into their bankers, and would draw for such sums as he had occasion for, but the said C. B. hath wholly disregarded such request, and hath continued to apply the part- nership nionits received by him to his own use, without paying the same into ihe bauktrs, and hath also taken to his own use monies received by iho clerks, and halii by such means greatly increased his debt to the part- nership, without aft'ording to your ()rator and the said C. F. any adetjuate means of ascertaining the true state of his accounts. And your Orator sheweth, that he hath by himself and his agents, from time to lime ap- plied PARTNERSHIP CONCERNS. 139 plied to the said C. B. and hath requested him to come to a full and fair account in respect ot the said copartnership transactions, with whic just and reasonal)Je requests your Orator well hoped the said Defendau would have complied, as in justice and equity he ought to have done. But now, &c. absolutely refuses so to do. And the said C 13. at some- times pretends, that he hadi not received and applied to his own use more than his due proportion of the partnership profits, whereas your Orator charges the contrary thereof to be the truth, and so it would ap- pear if the said Defendant would set forth a mil and true account of all and every his receipts and payments in respect of the said partnership transactions, ar»d of the partnership profits which have been made in each year since the commencement of the said partnership. And your Orator charges, that the said C. B. hath in fact received thp sum of £ and upwards, beyond his due proportion of the partnership protits ; and ne- vertheless is proceeding to collect in the partnership debts and monies, whereby the balance due from him will be increased, to the great loss and injury of your Orator and the said C. F. And your Orator charges, that the said C. B. ought therefore to be restrained by the order and injunction of this honorable Court from collecting and receiving any of the said partnership debts and monies. And your Orator charges, that the said C F. refuses to join your Orator in this suit. To the end there- fore, &c. Prayei*. And that the said Defendants may answer the premises, and that that partnership may be declared void ; and that an account may be taken of all and every the said copartnership dealings and transactions, from the time of the commencement thereof. And also an account of the monies received and paid by your Orator and the said De- fendants respectively, in regard thereto. And that the said De- fendants may be decreed to pay to your Orator what, if any thing, 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 cither of them, what, if any thing, shall upon the taking of the said accounts appear to be due to them from your Orator. And that in the mean time the said Defendant C. B. may be restrained by the order and injunction of this honor- able Court, from collecting or receiving the partnership debts or other monies. And for further relief, 8cc. J, L. I'ray Suhpana against C. F. and Suhpaua and Injunc- tion against C, B. Bill for an Account of Partnership Dealings after Dis- solutiony and for a Receiver , c^x'. Humbly complaining, &.c. that on or about the day of , your Orator and P. H. VV. of, &c. the Defendant hereinafter named, enter- ed into copartnership together as attornies and solicitors, your Orator en- gaging to bring into the business the sum of £ , and being to receive 4>ue-third part or share of the profits j ^nd the said P. H. \V. engaging to l40 PARTNEn<;HIP COXCCRNS. to bring into tlie business the sum of £ , and being to receive UrO' ihird parts or sliares ot' the said protits. And your, &c. 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 was dissolved by mutual consent, and the usual advertisement of such dissolution was inserted in the London Gazette. And your Orator shewetb, that the said copartnership business was car- ried on in a house in , whicli at the time of the dissolution of the said copartnership was held by the said Defendant and your Orator, under an agreement for a lease for years, from Lady-day , and that it was verbally agreed between the said Defendant and your Orator, that the said Defendant should take to himself the benefit of the said agreement, accounting to your Orator for his proportion of the value thereof, and in pursuance of such agreement, the said Defendant hath ever since continued, and now is, in possession of the said house. And your, &.C. that no settlement of the said copartnership accounts hath ever been made between your Orator and the said Defendant, and that since the said dissolution your Orator hath repeatedly applied to the said Defendant to come to a final settlement with respect thereto. And your Orator well hoped, &.c. but now, &c. refuses so to do. And your Orator charges, that the said Defendant hath possessed himself of the said copartnership books, and hath refused to permit your Orator to inspect the same. And the said Defendant hath also refused to render to your Orator any account of the copartnership monies received by him ; and your Orator, sh)ce the said dissolution, hath paid the sum of j£ , in respect of the copartnership debts. And your Orator charges, that upon a just and true settlement of the said accounts it would appear that a considerable balance is due from the said Defendant to your Ora- tor in respect of their said copartnership dealings ; but nevertheless the said Defendant is proceeding to collect in the said copartnership debts, and to apply the same to his own use, which the said Defendant is en- abled to do by means of his possession of the books of account as afore- said. And your Orator charges, that the said Defendant ought to be restrained by the injunction of this honorable Court from collecting in the said debts, and that some proper person ought to be appointed by this honorable Court for that purpose. All ^\hich, &c. To the end, i^cc. Prayer. And that an account may be taken of all and every the said late co- partnership dealings and tra)isactions, until the time of the expira- tion thereof, and that the said P. H. W. may be directed to pay to } our Orator what, if any thing, shall upon such account appear to be due, your Orator being ready and willing, and hereby offering to pay to the said P. \\. W. what, if any thing, shall appear to be due to him from the said joint concern. And that some proper and o5len-ible person rj)ay be appointed to receive and collect all monies that may be coming to the credit of the late copartnership. 7\nd that the said P. H. W. may in the mean time be restrained by the order and injimction of this honorable Court, from collecting or receiving any of the debts due and o\Ning thereto. And for further relief, &c. SECT. 141 SECT. VIII. — BILLS UPON PROMISSORY NOTES. Bill for an Account of Principal and Interest due on a Promissory Note, Pldintiff-' cannot sue at Laic, Note being lost, A Pretence that Defendant means to a'cail himself of the Statute of Limitations, Charge thereto. Ilnuibly complaining, sheweth unto your Lordship, your Orator I, W. of, &c. that your Orator and D. P. late of, &c. but now of, &c. the Defendant hereinafter named, luive for many years had transactions in business together, and your Orator sheweth, that in or about, &.c. your Orator sold to the said Defendant horses and harness for the sum of £ , and ou or about, &.c. of the same month of , your Orator leut and advanced to the said Defendant the sum of £ , and there- upon the said Defendant gave to your Orator his promissory note, bear- iiig date on or about, Sic. for the sum oi £ , payable, with interest, months after date. And your, Scc. that the said D. P. hath not siiKC paid, or in any manner satisfied the said promissory note and inte- rest, or any part thereof, and (he said sum of £ , together with in- terest thereon from the day of the date of the said note, now remains due and owing to your Orator. And your Orator sheweth, that he hath bv iiimseif and his agents repeatedly applied to tiie said Defendant for the payment of liie said sum of £ , and interest, and your Orator well hoped, &.C. But now, &,c. liath refused so to do. And the said De- fendant at some limes pretends, that he hath fully paid and satisfied the said sum of ■£ and interest, but when, and how, and to whom he so paid and satisfied the same, the said Defendant refuses to discover. And at other times the said Defendant gives out, that he means to avail him- self of tlie statute of limitations, in order to protect himself from the payment of the said debt, whereas your Orator charges, tliat althou"h the said promissory note was given to your Orator mure than years since, yet the said Defendant halh repeatedly within years admitted to many persons that the said sumofc£ and interest remained dwt and owing to your Orator. And in particular, the said Defendant made- such admission to Mr. S. one of the clerks of your Orator, about years since, in a conversation which the said Mr. S. had with the said Defendant, respecting a bill drawn by the said Defendant upon vour Orator, and not accepted by your Orator, And your Orator further charges, that the sum of ^^ , being due to your Orator for principal and interest on the said promissory note, the solicitors of your Orator on or about, ike. wrote a letter to the said Defendant, in the words and figures, or to the purport and etTect following, that is to say, &c. And your Orator further charges, that the sum of £ therein stated to be due to your Orator, referred to the principal and interest of the said sum of £ , l"or which the said note was given as aforesaid. And your Orator charges, that the said Defendant wrote an answer to the said letter, in the words and figures, or to the purport and efit'ect foUowino-, that is to sav; "■ Gentlemen," 6vc. And your Orator further charges, that VOUi' 142 BILLS UPON PROMISSORY NOTESc your Orator long since lost the said promissory note, and is unable to produce the same at the trial of any action at law, or to deliver up the same to the said Defendant. And the said Defendant for that reason refuses to pay the same, or any part thereof. i\ll which, &c. To the end, &c. Frayer. And that the said Defendant may answer the premises. And that an account may be taken of what is due to your Orator for principal and interest on the said promissory note, and that the said Defendant may be decreed to pay to your Orator what shall be found due upon such account. And for further relief. J.L. Pray Subpana against D. P. Bill to have delivered up to be cancelled certain Bills of Exchange^ which they had delivered to A. to get dis- counted for thern^ hut which he had negotiated without any Consideration to Plaintiffs. Bill states, that Plaintiff T. G. in the month of , having occasion to raise a sum of money, did in that month apply to T. H. A. who acts as a broker in procuring money, to procure money for Plaintiff J. G. ; and the said 1. H. A. agreed" so to do, provided Plaintiff J. G. could prevail on some person of consequence and substance to jom with Plaintiff J. G. in a security for payment thereof. And Plaintiff J. G. having named Plaintiff" T. G. his"^ brother, it was settled that Plaintiff T. G. should draw bills of exchange on Plaintiff" J. G. for payment at future times of small sums of money, amounting in the whole to the sum of £ , for which Plaintiff J . G ."had occasion, and the Plaintiff T. G. should accept such bills, and that Plaintiff" J. G. should indorse such bills, and deliver the same to him the said 1. U. A. and that he the said 1. H. A. should immediately procure the same to be discounted, and pay to Plaintiff' J. G. the money to be raised thereby. That your Orator T. G. having agreed to sucli scheme for the accom- modation of Plaintiff J. G. Plaintiff T. G. did, on or about the day of , without any consideration, sign several bills or drafts of ex- change on Plaintiff J. G. for payment of small sums to the amount of £ in the whole, or thereabouts, to your Orator T. G.'s order at future times, and Plaintiff J. G. without any consideration, signed his acceptance thereof, and particularly one of such drafts or l)ills of ex- change was in the words and figures, or to the eft"ect following, that is to say, (insert the bill), as in and by the said bill, now in the custody of the Defendants hereinafter named, or one of then), relation being thereunto had, will appear. That Plaintiff J. G. immediately afterwards, at the request of Plaintiff T. G. without any consideration, indorscii the name of PlaintifT T. G. on all such bills, and all such bills were immediately, or shortly after- w:uds,\vithout any consideration in money or otherwise, delivered by Plaintiffs, or one of ihero, to the said 1. H. A. for the purpose of his procuring BILLS UPON PROMISSORY NOTES. 143 procuring the same to he discounted, atid raising tliereonthe money thereby made payable, after deducting the usual discount, bringing such money, after such deduction, to Plaintiff J. G. which said I. H.A. faithfully promised to do. And the said I. H. A. then signed a writing, uhprcby he acknowledged to have received the said bills respectively for such purpose, and promised to pay to Plaintiffs, or one of them, the money made payable thereby, or to return the said bills or drafts to Plaintiffs, or one of them, or to such or the like effect. That tlie said 1. Fl. A. or any other person hath never paid, to or for the use of Plaintiffs, or either oif them, any money whatsoever, in respect «f the aforesaid drafts or bills of exxhange for payment of the sum of £ , although he hath promised frequently so to do, nor hath the said draft or bill been at any time returned or delivered to Plaintiffs, or either of them ; and therefore Plaintiffs have, at several times, by themselves and their agents, applied unto the said I. 11. A. to deliver up the said draft or bill, for payment of the said sum of £ . And it being al- Icdged that the said draft or bill is now in the possession of J. T. Plain- tiffs have, in like manner, made the like application to him : and Plain- tiffs hoped that the one or the other of them would have complied with such request. Pretends, that a full and valuable consideration was paid to' Plaintiffs, or one of them, for the aforesaid draft or bill of exchange, by the said I. H. A. or some other person, or that Plaintiffs, or one of them, at the Jirne of delivering the said draft or bill of exchange to him the said I. H. A, were or was justly indebted to him in some sum or sums of money ; and that such draft or bill was delivered to him in or towards satisfaction of or for securing such debt ; or that the money made pay- able thereby, or great part thereof, hath been paid to or for the use of Plaintiff's, or one of them. Charge contrary. And so the said Defendants will, at other times, admit ; but the said J. T. pretends, that the said draft or bill of exchange was delivered by tiie said ]. H. A. to one W. S. G. and that the said W. G. delivered die same to one C. P. and that the said C. P. delivered the same to one J. D. and that the said J. D. delivered the same to him the said J. T. and that all or most of such several persons, by whom it was pretended that the said draft or bill of exchange hath been, from time to time, so delivered to others, had or received some good or valuable consideration for such delivery thereof, and for indorsing the said draft or bill of exchange, or that the same was so delivered in or to- wards the discharge of or for securing some just or real debt or debts, at such respective times owing from the person by whom the same was so delivered, had before, or at the time of receiving the same, any notice that Plaintiffs, or either of them, had not received any consideration for the same, or that the said I. H. A. had signed such receipt or undertak- ing as aforesaid for the same ; and that therefore he the said J. P. is en- titled to receive the said sum of £ from Plaintiffs, or some of them, by virtue of such draft or bill. Charge, that if the said draft or bill hath been really delivered by and to all or any of the parlies aforesaid, and indorsed by all or any, or either of tliem, all or most of such deliveries and indorsements w ere or was made fraudulently, and only colorable, and not hondjide for the true and real benefit of the parties to whom such deliveries aud iudorsements were re- spectively i4i BILLS UrOX PROMISSORY NOTES. spectively made, b\it in trust for the deliverer or indorscr for tlte said J. fl. A. and witii a view to give a better appearance of right to sue PlainlifTs, or one of theni, on the said draft or bill ; and no consideration in money, or othcr\^ise, or, however, not near a full and valuable consi- deration was ever really and hondjide given to or for the use of any such deliverers or indorsers of the said draft or bill of exchange, for or on ac- count of the delivery or indorsement thereof; nor was any money what- soever, or at most only some very trifling sum, at any such time, really and actually due from either of the said persons to whom the said draft or bill hath been so indorsed or delivered, but all the said parties are accus- tomed to deal in transactions of such kind, and they, or most of then), have been long concerned together in dealings of such nature, and the person to whom the said draft Or bill of exchange hath been, from time to time, indorsed or delivered, or some or one of such persons had be- fore, or at the time when the same was so delivered to them respectively, some knowledge, notice, information, belief, or suspicion, that Plaintiffs, or either of them, had not received a full and valuable consideration, or any consideration for the said draft or bill, and that the said I. H. A. had signed such receipt and undertaking relating thereto as aforesaid ; and that no person to whom the said draft or bill had before been indorsed or delivered, had paid a valuable or any consideration for the same, and particularly the said I. T. had some such knowledge or belief, &.c. before or at the time of the delivery of the said draft or bill of exchange unto him, or before or at the time of his paying the considerations, which, if any, he paid for the same, or some part thereof, and therefore liumbly insists that the said I. T. is not entitled to recover any money from Plaintiffs, or eiiher of them, under or by virtue of such draft or bill of exchaiige ; and Plaintiffs humbly insist, that if they, or either of them, shall be bound to pay any money, in respect of the said draft or bill of exchange, to the said I. T., or any other person, the said I. II. A, ought to repay the same to Plaintiff's, together with all Plaintiffs costs and charges relating thereto. But, nevertheless, under such, or the like pretences as aforesaid, or some other equally unjust and unreasonable, the said I. T. and also the said I. H. A. refuses to deliver up the same to Plaintiff^s, or either of them ; and the said I. T. and [. H. A. or one of them, in the name of the said 1. T. have or hath commenced an action at law against Plaintiff', J. G. as acceptor of the said draft or bill, for recovery of the said sum of £ , and they, or one of them, threaten to proceed to judgment and execution in such actions. [The prayer might be to some such effect as the following.] That if the Court should be of opinion that Plaintiffs, or either of them, ought to pay any money in respect of the draft or bill of exchange to the said l.T. or any person, the said 1. H. A. may repay the same to Plaintifffs, together with all their costs and charges relating thereto. But if the Court should not think the said I. T. or any person to be entitled to any money from Plaintiff's, or either of them, in respect of the said draft or bill of exchange, it may be dcii\trcd up to iMaintiffs to be cancelled, widi an injunction from proceeding on the s.iid bill of exchange. N. B. It might perhaps be advisable to charge a strong confederacy,' anci pray that the note might in the first instance be given up, leaving to 1. T. oidy u remedy a^jainsl 1. II. A. ^ ° Bill BILLS UPOX promissory NOTES. 145 tiill hij tJie Acceptor of an Accominodafioji Note agaitt.'it an Indorsee^ with Notice to have Bill delivered up^ and (in Injunction. 'J'liat Plaintift', havinjj; been, for some time before, and in the month of , acquainted with O. S. of, 6cc. the said O. S. totrether with T. T. of, S:c. some time in or about the said month of, 8cc. applied inito Plaintiff, and representee! to him thatT. T. had a pressing occasion for money, and therefore they both desired Phiintiff to accept a draft or bill, to be drawn on Plaintiff by them, or one of them, for the payment of £ at a future day, in order that he the said T. T. might pay awav the same as money, or might r i e money, by discounting the same; and they then promised and fauhfiilly assured Plaintiff that they, or one of them, and particularly the said T. 'V. would take care to discharge the said sum of £ before or when the same should become pavable, and to procure such drafts to be delivered up, and to indemnify Plaintiff from all demands, costs, charges, and expenses, relating tiiereto, with which request Plaintiff, for some time, refused to comply, as Plaintiff was not then indebted unto the said O. S. and T. T. or either of them, nor had any acquaintance with the said T. T. liut Plaii'iliff being slron^lv im- j)ressed and importuned by the said O. S. and '1\ T. and they having promised, that in case of his compliance, they or one of them would, by the time such sum of .t' would become payable, employ Plaintiff in so much business in the way of his trade, that his bill for such business would amount to more than such sum of £ , or to that effect Plaintiff did at length, aUhough with great reluctance, agree to comply with such request ; and the said O. S. having wrote or signed a draft or bill in writing, bearing date. Sec. directed to Plaintiff, and requiring Plain- tiff, two months after the date thereof, to pay to his, the said O. S.'s or- der, £ , being, as therein mentioned and expressed, for value re- ceived in deals from him the said O. S. or to such or the like effect. Plain- tiff did sign his acceptance of such draft or bill as a matter of favour to the said O. S. and T. T. or one of them, and for the service and accom- modation of the said T. T. as aforesaid, and without anv consideration whatsoever in money or otherwise ; and although Phiintiff was not then indebted to them, or either of them, in any money whatsoever, nor vva« the value iheieof, or of any part thereof, ever received by or for the use of Plaintiff in deals, or otherwise ; and Plaintiff so accepted such (haft or bill, under a firm reliance on the aforesaid promise, that tiiey the said O. S. and T. T. or one of them, would pay the said sum of £ , and indemnify Plaintiff against all demands, costs, and charges, in relation thereto; and the said O. S. at or about the same time, indorsed such draft or bill, and the same was tlien taken away by the said 'i\ V. \\\ order for him to make use thereof, for or towards any of his tlien pressin;'' oc- casions, as aforesaid; and the said V. T. and one li. S. who was, or is pretended to have been his partner at that time, or one of them, accord- ingly, either paid away the said draft or bill as monev, or otherwise raised and received money by discounting the same ; and Uiev, or the said O. S. or one of them, afterwards paid, or caused to be paid, llie said sum ot £ , when or aoun after the same became due, in dischar'^e of the ^ said 146 BILLS UPON PROMISSORY ^'OTES. said draft or bill, in pursuance of the said promise or agreement of tlie said T, T. and O. S. and thereupon, or upon some other occasion, the said draft or bill was returned or delivered up to the said O. S. T. T. or R. S. or some, or one of them, and the same is now in their, or some, or one of their custody or power, and therefore they ought to de- liver up the same to Plaintiff, to be cancelled; and Plaintiti" hath, at se- veral times, applied, &c. to the said O. S.T. T. and R. S. to deliver up the same. And Plaintiff well hoped, &.c. But now, &cc. Pretend, that Plaintiff, at the time of accepting the said draft or bill, or at some time, really had or received from them, or some or one of them, some considerable sums or sum of money, or some large quantity of deals, or some goods to some considerable value, as or for, or on ac- count of the consideration thereof, or otherwise ; that Plaintift" was then indebted to them, or some or one of them, in money, to some consider- able amount ; and that PlainlitV accepted the said draft or bill on some such acco(mt, and not on such account as aforesaid. Charge contrary, which Defendants will at times admit, but the said T.T. andR.S. Pretend, that they, or one of them, paid some good or valuable consi- deration to the said O. S. for his indorsing the said bill or draft to them, or one of them, or that he was then justly indebted unto them, or one of them, in some consideiable sum or sums oi money ; and that he indorsed and delivered over the same to them, or one of them, in discharge of or by way of security for such debt, or sonse part thereof, and that neither of them, the said T. T. or R. S. had, before or at the time of such indorsement or payment of the consideration for the same, any notice \vhatsoever that Plamliff had not a full and valuable consideration for accepting the said dratt or bill, and that the said draft or bill hath ever since remained in their or one of their custody or power, and therefore the said T. T. and ii. S. insist that Plaintiff is liable to pay the said sum of ^ unto them. Charge contrary, and particularly that no money whatsoever was really and bond fide paid by or on account of them the said T. T. and R. S. or either of tliem, to or for the use of the said O. S. as or for, or on accoutit of the said O. S.'s drawing or indorsing, or delivering the said bill or draft ; nor was any money whatsoever then justly ducfrom the said O. S. to the said T. T. and R. S. or either of them ; or at least the said indorse- ment and delivery of the said draft or bill was not made in or towards the discharge of or for security of any such debt, nor on any other account, or for any other purpose than as aforesaid. Charge, that ihe said T. T. and il. S. or one of them, before or at the time of the said O. S.'s indorsing or delivering the said bill or draft, or either of them, had notice, information, belief or suspicion, that Plaintiff had no consideration for accepting the same, but only accepted the same for such reason, and under such circumstances as aforesaid ; and particu- larly, that the said T. T. was present at the time when the said draft or bill was drawn, and accepted as aforesaid, and was privy to the whole of tlie lransac(if)n ; and therefore Plaintiff is advised, and humbly insists, that he ought not, in equity, to be subject to the payment of the said sum of .i.' , or any part thereof, but the said bill or draft ought to be deli- vered up as aforesaid. But, nevertheless, the said Defendants refuse to deliver BILLS UPON PROMISSORY NOTES. 147 deliver up the same ; and they, or some or one of them, have or hath coiiimenced an action at law against Plaintiff in his Majesty's Conrt of King's Bench, in the names of lliem the said T. T. and K. S, on Plain- tifFs acceptance of the said draft or bill ; and PlaintifiC not being able to make any difence in snch action, they haVe obtained tinal judgment there- on for the s:nd sum of ^ , besides costs, or threaten so to do. And they tin eaten to take out execution on such judgment, although no money whatsoever is, in justice or equity due to them, or any or either of them, iiom IMaintity. All which, ik-C. 'J'o the end, &.c. L 2 SECT. U3 SECT. IX. — BILLS UPON MORTGAGE MATTERS. Bill by Heir at Laxv for Redeynption of Freehold Lands ^ Humbly complaining, sheweth unto your Lordship, your Orator J, G. of, &,c. that J. G. the elder, late of, &.c. but now deceased, and E. his uife, now also deceased, the late father and mother of vour Orator, were in right of the said E. seized in fee-sin)ple of, or otherwise well entitled to, two freehold tields, &c. and your Orator sheweth that the said J. G. the elder, and E. his wife, in or about the year , made some conveyance and assignment of the said premises unto \V. B. of, &c. the Defendant 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 of the said \V. B. ; and your. Sec. that the said \V. B. upon or soon after the making of the said security, entered into the possession of the said mortgaged premises, or into the receipt of the rents and profits thereof, and hath ever shice continued in such possession and receipt, and the said W. B., or the said J. B. on his behalf, also possessed himself of all the title deeds relating to the said premises; and your Orator fuither sheweth, that the said J. G. the elder, departed this life in or about the year , and that the said E. G. having survived her said husband, departed this life on or about, Sec. intestate, and without having made, after the death of her said husband, any conveyance or disposition of such right and interest as she retained at his death in the said premises, leaving your Orator, her eldest son and heir at law, who thereupon became entitled to the equity of redemption of the said mortgaged pre- mises; and your, &.c. that the said W. B. from time to time made some small payments to the said J. G. in his life-time, and after his death to the said E. G., out of the rents and profits of the said premises ; and the said W . B. applied the greater part of such rents and piolits to his own use, and by means thereof the said W. B. hath been more than repaid the principal and interest due to him on the security of the said premises, and your Orator hath frequently applied to the said \V. B. and requested him to come to an account for the rent* and profits of the said premises, so received by him, and to pay over to your Orator what he should appear to have so received beyond the amount of the principal and interest ciue to him, and to deliver up the possession of the said mortgaged pre- mises; and your Orator well hoped that the said Defendant would hav* ( oniplied, ixc. To the end therefore, &,c. Prayer. And that the said Defendant may answer the premises, and that an account may be taken of what, if any thing, is due to ti)e said Defendant for j)rincipal and interest on the said mortgage, and that an account may also be takcu of the runts and protits of the said mortgaged BILLS VTO^ MORTGAGE MATTERS. 1:^.9 mortgaged premises, 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 sutiicient to satisfy the principal and interest of the said mortgage, then that ihe residue thereof may be paid over to your Orator; and that your Orator may be permit- ted to redeem the said premises, your Orator being ready and willing, and hereby offering to pay what, if any thing, shall appear to remain due in respect of the principal and interest on the said mort- gage ; 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 all incumbrances made by him, or any person claiming under him, and may deliver over to your Orator all deeds or writings in his custody or power relating to the said mortgaged premises. And for further relief. Pn/j/ Subpoena against IV. B. J« L. N. B. This bill was filed by the heir at law conceiving, that some undue influence had been resorted to by the Defendant, in the possession of the estate, and therefore the object of the bill is to discover the Defendant's title, and it is framed in the shape ot a bill of redemption, as for a mere bill of discovery it would have been liable to a demurrer ; and to avoid that fate, the interrogating part must be confined to the mere facts stated, and not ask for the Defendant's title. Bill of' Foreclosure. Humbly complaining, sheweth unto your Lordship, your Orator C. L. of, &c. that C. H. of, &c. the Defendant hereinafter named, being, or pretending to be, seized of, or well entitled in fee-simple to the reversion of and in the lands, hereditaments, and premises hereinafter mentioned, subject to a term of years from the day of , for which term the said C. H. had demised the said premises, by way of mortgage, for securing the sum of £ then due to one 1. W. and being in want of tlie sum of £ to pay otf" the said mortgage, and also of the further sum of £ for his own use, the said C. H. did, in or about the month of, &c. apply to and request your Orator to ad- vance and lend him the said sum of J^ , upon the security or mortgage of the said premises ; and your Orator having agreed thereto, did accord- ingly advance and pay the said sum of o£^ to the said I. W. and the said sum of £ to the said Defendant, and thereupon, for securing the repayment of the said £ with interest for the same, at and after tlie rate of 5 per cent, per annum, in and by a certain indenture bearing date on or about, &c. duly made and executed by and between the said I. ^V^ therein described, of , &,c. of the first part, the said Defen- dant C. H. of the second part, and your Orator of the third part, after reciting an original indenture of mortgage of the said premises, and two several 150 BILLS UPON MORTGAGE MATTERS. .several assignments thereof, it was witnessed, &c. ; but subject nevrr- theless to a proviso or condition of redemption on payment by the said C. H. his hens, executors, administrators, or assigns, unto your Orator, his executors, administrators, and assigns, of the said sum of jt! , together with interest for the same, at and after the rate of 5 per cent, per annum, on the day of thtn next ensuing, as m and by, Sec. ; and your, &c. that the said sum of £ , or any part thereof, was not paid to your Orator, or any other person on his account, at the time limited and appointed in that behalf, in and by the said indenture, but default was made in the payment thereof, whereby the legal estate and interest of and in the said tan yard and premises, for the residue of the said term of years, became vested in your Oiator, redeemable nevertheless in equity, on payment of the principal and interest due, and to become due thereon ; and your, &c. that the whole of the said princip.d sum of «£ being still due and owing to your Orator, together with a large arrear of interest thereon, your Orator iiath, by him>;elf and his agents, frequently applied to the said C. H. to pay to your Orator the said prin- cipal monies and interest, or else quietly and peaceably to deliver up to your Orator the possession of the said mortgaged premises, and to release all his right, title, and equity of redemption of and to ihe same, for the residue of the said term of years; and your Orator well hoped, but now, «X.c. Pretends that your Orator never advanced the said sum of £ , or any part thereof, on such security as aforesi:id, but at other times he will admit the same ; and then he pretends that he hath fully paid the said principal money, and all interest due thereon. Charges cuiilrari/. And the said Defendant at other times j)retends that theie are many other charges, mortgages, and incumbrances, affecting the said jtremises, made and executed by him,. or some person or persons under whom he claims j)riority in point of time to the aforesaid indenture, by the particulars thereof, or when, or by whom made, or for what consideration, or Mhat is now due thereon, the said Defendant refuses to discover; all which, ^c. to the end, &c. (Interrogate to each fact). And whether there are any other and what mortgages, charges, or incumbrances affecting the said mortgaged premises; and that the said Defendants may set forth and discover the full particulars thereof, and when and by \a hom made, and tor what consideration or considerations, and what is uow due theieon, and to whom. Prayer. And that the said Defendant may answer the premises; and that it may be referied to one of the Masters of this honorable Court, to lake an account of what is due to your Orator for piiucipal and inteie.st on his said mortgage, from the said Defendant ; and that the said Defendant may be decreed to pay to your Orator what shall be lound due on such account, by a short day to be appointed by this honorable Court in that behalf, together with your Orator's costs, and in default thereof, that the said Defendant, and all per- sons claiming under him, may be for ever barred and foreclosed of and Ironi all right and equity of .redemption of, in, and to the said mortgaged premises, or any part thereof, for the residue of the said term BILLS UPON MORTGAGE WATTEUS. 151 term of years, and may deliver up to your Orator all deeds, papers, and writings in Ins custody or power, relating to or con- cerning the said mortgaged premises. And I'ur lurilier relief. Bill to foreclose and to redeem a Trust Term. States, that F. R. was seised in fee simple of premises subject only to the payment of ^' , the portions of his sisters M. li. and A. li. by virtue of die will of their father. 'states applications to H. B. for the £ agreement to bind the money and m(!eniures of L. and R. States the advancing the £ and £ to H. B. by the complainant, and £ to F. K. and the conveyance from B. to R.lo the complainant. States, that F. W. of, &.c. and S.J. late of, &c. intending to harass and perplex Oratrix, did, in FasterTerm last, cause an action of trespass and ejectment to be brought in his I\lajest\'s Court of K. B. for the recovery of the possession of the said mortgaged premises, and did cause dechiration therein to be delivered to R. M. tenant in possession of considerably the greater part of the said premises, to which ejectment, Oiatrix, by rule of said Court of K. B. did cause herself to be made Defendant, in the room of ih:; casual ejector, and the said cause coming onto be tried at the last assiiies in and for the county of S., the Jury sworn for that purpose did lind a verdict for the Plaintiffs, the said F. W. and S. J., and lessors for the Plaintiff" proved a trust term of years to them, of most part of the said mortgaged premises, by the will of the said I. R. deceased, late father of the said F. R. deceased. States the trusts of the term. States that the personalty, and some premises in possession of the Trustees, were suliicient to answer trusts, and that they were actually answered. And Oratrix well hoped that the said F. R. would either have paid your Oratrix the said sum oi" ^ , and die interest thereof, at the rate afore- said, or that he and the said F. W. would have suffered your Oratrix peaceably and quietly to have enjoyed the possession of the said premises, and for that purpose Oratrix hath frequently applied iierself to the said r R. and requested him to pay the said sum of ^ , and the interest due for the same, or else to deliver possession quietly to your Oratrix of the said mortgaged premises, together with all deeds, &c. relating to and concerning the same, and to release all his right and equity of redemp- tion to the same premises, to your Oratrix and her hens; and your Oratrix hath also applied herself to the said F. W. and S. J. in his life- lime, to assign to her the said trust term of years, limited to theui by the will of the said I. R. as aforesaid, they well knowing that the trusts ot the said term were fully discharged. And your Oratrix well hoped, Sec. Pretends that the premises were in mortgage to some other persons, for recovery of some considerable sum of money, and at the time the mort- gage 152 BILLS UPON MORTGAGE MATTERS. gage was made to the said H. B.^ he, the said F. R. had only the equity of redemption of the same. Charges, that no mortgage was made of the premises by the said Y. K. or any other person, prior to the said mortgage to the said H. 13. or if any such there is, that the same is voluntary and fraudulent, and made without any consideration, but that the said F. Iv. was seized and possessed of the legal estate of and in the said premises, at the time of the execution of the said mortgage to the said H. 15. as aforesaid. Pretends that he hath confessed judgments, &:c. Sec. -And the said F. ^\ . as the surviving Trustee, insists he is entitled to hold the premises so devised to them, the said F. \S . and S. J., by the will of the said I. K. as aforesaid, for the remainder of the trust term of years, sometimes pretending there are several debts of the said I R. undis- cliarged, but the said F. ^\^ refuses to discover the amount of the said pretended unsatisfied debts of the said I. R., or to whom or on \\hat account they are due, or how the same are secured. Charges, that all the debts of the said 1. R. are paid, and at other times the said F. W. pretends that the fortunes of the said daugiiters of the said I. R. the Testator, directed to be raised by iiis will as aforesaid, or some considerable part thereof, yet remaius unsatisfied, and a charge upon the said premises. Charges, that the personal estate of the said Testator 1. R., and the premises, directed by his said will to be sold for payment of his debts, Mere more than sufficient for that purpose ; or if the same fall short of payment thereof, the said V. W. and S. I. paid the same out of the rents and profits of the said trust premises which came to their hands to a very considerable amount, and were more than sufficient not only to make good any deficiency in the fund appropriated for payment of the said Testator's debts, but also to have discharged the fortunes directed to have been raised for the said Testator's three daughters, all of which your Oratrix charges, that if the said F. W. did not apply such sums of money as they received by the rents and profits of the said trust premises in discharge of the said Testator's debts, and other the trusts in them reposed, but disposed of the same, or any part thereof, to or for any other purposes, that the said F. W., the surviving Trustee, ought ta answer such sums as has been paid out of the rents aforesaid, out of his own proper effects. Pretends, that although the trusts of the said term of years are fully performed and discharged, yet he is entitled to hold the said pre- mises for the remainder of years for his own use and benefit, and that he will not assign the same ; and the said M. R. pretends, that she is entitled to some very considerable sum of money from the said pre- mises, by virtue of the will of her father, the said 1. R., not only on account of her own fortune, and the interest thereof, but also an ac- count of D. R. deceased, late one of the daughters of the said 1. 11., allfdging that the said D. R. did by some deed or writing, or by her last will ap|)()int the payment of <£ , being her fortune, to or in favor of htr the said j\J. R. ; and the said M. R. insists that the said F. W., the surviving 'IVustee, is entitled to hold the said premises until such time as her said demands ihereiu are fully satisfied and paid. Charges^ BILLS UPON MORTGAGE MATTERS. J53 C/mr^es, that the siiicl simi of £ liereinbefore mentioned to have i)eeu borrowed by the s;iid 1'. K. from the said H. B. was borrowed fit the request and with the privity of the said M. R. to discharge the fortunes so given to her and the said D. II. deceased, by their said fatluT r. R , and ihat the sum of £ was accordingly paid by the said V. \{. to the said M. and A. It., and that the said A. R, is now in a nunnery in France. C/iargrs, tlial the fortinie of the said D. was paid to her in her life- time, and that the said prenuses are well and sufHciently exonerated therefrom, and the said l'\ R. having contracted many considerable de!)f.s, and having declared hin)self insolvent, and been discharged from the King's liencli prison, under the last Act of Parliament for the Re- lief of Insolvent Debtors, they the said I.T., i'Cc. havijig lately obtained an assessment of the esiate -and effects of him the said F. R. from F. L. the clrrk of the peace for the county of S., under t!ie late Insolvent Act, set nj) some claims upon the said estates, in right of the said F. R. and particu!:irly alledge, that the said 1'". R. was only tenant in tail of the said estates. Chtirgci, iliat the saiil F. R. snfifered a recovery of the said estates, and declared die lists thereof to himself in fee. Prefetid, that the demands of the said M. R. on the said premises are just and reasouahic, and that the said F. R. did not borrow the said sum of j£ finm the saiil H. R. to di'-charge tin; fortunes of the said M. and A. R, or that if it were boi rowed for that purpose he the said F. R neglected aeeordiniilv. C/iargcs, that the said indenture of ninitgage to the said II. R. expressly mentions, that the said sum of £' was borrowed by the said i'. \\. in order to pay the fortunes of his sisters, tlie said ]M. and A. R., and tliat the said indenture of mortgige e\i>ressly declares, that the s;iid >l. R. had paid his sisters their foi tunes; and the said l'. R. well knows that the said sum of j£ was paid accordingly, and that he the said F. R. did take some discharge or acquittance for the same from the said M. and A. li. which he has cither destroyed or now conceals, in order to defraud his just creditors, and to encourage and support the fraudulent designs of his sister, the said M. R. Jdmit, that he has paid his said sister, the said A. R., her fortune, though he refused to produce anv re-lease for the same, but pretends that the said fortune ol the said JJ. R. deceased, is unsalisHed, and a icharge upon the premises. Charges, that the said D. R. did, some years ago, receive her said fortune, and did not make any appointment thereof by will, or otherwise, t(^ or in favor of liie said M. R., or if she did make llie same, such ap- pointment IS mill and void, she the said D. R. having, at the time of her death, no just claim of the said premises. Pretends, that the said premises, in mortgage to your Oratrix', are also in mortgage to him w ith other the estates of the said 1'. R. for securing: the repayment of a very large sum of money lent with interest, but the said VV. H. refuses to discover the date or contents of such mortgage, sometimes pretending that it is prior to your Oralrix's title. Char'jcs, that if the said \^ . IJ. had any mortgage or incumbrance on the said ])remises^ with other estates of the said F. K., that llie s.ime is made J'3'4 £ILLS UPOX MORTGAGE MATTERS. made for the payment of a much larger sum of money than was truly lent and advanced to the said F. R., and that the same is subsequent to vour Oratrix's title, and ought to be postponed thereto; and the said W . H., &c. pretend that they are entitled to the equity of redemption of and m the said mortgaged premises, in trust for the creditors of the said r. K., under and by virtue of some conveyance thereof to them made by the said F. R., but refuse to discover ihe date and contents thereof, and the said W . H., Sec refuse either to pay unto your Oralrix the prin- cipal and interest due to her upon and by virtue of the said btforemen- tioned mortgage, or to release to your Oratrix and her heirs the equity of redemption of and in the said mortgaged premises, without the direc- tion or indemnity of this honorable Court. All which, &.c. Prayer. That an account may be taken of what is due to your Oratrix upon her aforesaid security of the said £ and interest, and in case auy thing shall appear to be due under the trusts of the said term of years, that your Oratrix may be at liberty to redeem the same ; and that what your Oratrix shall pay in redemption of the said term of years, with subsequent interest computed thereon, may be added to what shall be found due to your Oratrix upon her said security ; and that the said several Defendants may be decreed, by a short day to be limited by this honorable Court, to pay to your Oratrix the whole of what shall appear to be due to her as afore- said, or in default thereof that ihey may be barred and absolutely foreclosed of and from all riglit and equity of redemption of the said mortgaged premises, and deliver up to your Oratrix all deeds and writings in their custody or power belonging to or relating to the said mortgaged premises; and that the said F. VV. and M. 1\. may be restrained by the injunction of this lionorable Couit from ■ proceeding further by law to recover possession ot' the said mortgage d premises; and that a receiver may be a))pointed by this honorable Court of the said mortgaged prcinises. And fur furlhir relief. — M. Pray Subpana against F. J\. iHortgago); 1\ It', hohlei- of the torn; M. R. and A. R. sisters to J'\ R. c/ai/ni/ig vnrkr the trusts of the term ; JL // ., <>r. al and interest upon her said mortgage, privately took un assignment thereof from her, and by means thereof, as being the only son and heir at law of his said late father the said Testator, prevailed upon the tenants of the said messuages, &,c. to pay him the rent which became due for die same respectively after the said assignment, and being then in the possession of the residue of the said premises, as tenant to his said late father, continued in the possession thereof, and hath ever since continued in the receipt of the lents and profits of the said other premises. That being so entitled to the equity of redemption of the said mort- gaged premises as aforesaid, Plaintiffs have frequently applied to the said M. C. and desired him to inform Plaintiffs what had been paid by him to the said S. S. in the discharge of principal or interest on the said mortgage, and how much was actually and hnud Jide due thereon at the time the said mortgage was so assigned to him, and what sum or sums of money had come to his hands on account of the rents and profits of the said messuages, &.c. and what sum of money became or was due to Plaintifi" since the death of the said Testator, for or in respect of the premises so possessed or occupied by him as aforesaid, in order to ascer- tain what, after all just and reasonable allowances, remained due fur principal and iiiterest on the said mortgage, so as to enable Plaintiff to redeem the same, in case it should appear same had not been satisfied by or out of the |)ersonal estate and effects of the said I. C the said Testa- tor. And Plaintiffs hoped, ike. And in case it should appear that the said mortgage had licen so satisfied by him out of such personal estate, or if otherwise, that upon Plaintiff's paying to him what remained due for principal and interest on the said mortgage, after all just and reason- able all()v\;m€(s, he would liave assigned the said mortgage to or in trust for Plaintiff oi his heirs, in s'.ich manner as should be reasonable or ne- cessary in that behalf, and that he would have delivered up to Plaintiff all tlie title-deeds or writings in his custody or power, relating to the said mortgaged premises, and would have let Plaintiff into the pos- session thereof; and especially as Plaintiff frequently offered to pay unto the said M. C. what should appear to be so due on the said mortgage as atoresaid, together with months interest n^.ore than was so due, as a compensation or satisfaction for his not having had the utual notice of Plaintiff's inlention to redeem the said premises. But now, &c. Pretends no w ill made, &c, or not executed. Sec, and that premises descended to him as heir at law. Charge contrary, that will was well executed, Sec, and of sound mind, Scc. Pre/eiiJs, that he hath some estate or interest in the j)remi3es other than by and under the said will, or any assignment of the said mortgage trom die said S. S., but what estate or interest in particular he refuses to discover. Charge, that Defendant had not at the time of the death of saidTes' tator, or since, any right or interest whatsoever in or to the said mort- gaged premises, or any part thereof, save by or under the said will, and some assignment of the said mortgage from the said S, S, and wliich assignment, though now in tiie custody or power of the said Defendant, he refuses to discover and produce to Plaintiffs, or either of them, with a view ^'38 BILLS UPO:V MORTGAGE MATTERS. a view of continuing in the possession and receipt of the rents and profits of the said mortgaged premises, to the prejudice of Plainlitf. And the said M. C^ will at times acknowledge, that he paid to the said S. S. what was due to her for principal and interest on the said mortgage, and that he took an assignment thereof, to or in trust for himself, but then he pretends that the same was so paid with his own proper money, and the rather, as he pretends that personals, &c. were inadequate to the money due for principal and interest on the said mortgage, or at least that very little thereof hath ever come to his hands, or been received by him. Charge, personals considerable, &c. and that the whole, or the greatest part thereof hath come to the hands of him the said M. C. or to the hands of some other person in trust for him, or for his use. And al- though the said Defendant hath in his custody or power some book or books of account, entries, memorandums, or writings, tending to shew .or ascertain the particulars and value of such personal estate and etiCects, and what part thereof hath come to the hands, or to the use of him tlu; said Defendant as aforesaid, or relating to such personal estate and ef- fects, or some part thereof, yet he refuses to produce or discover the same, insisting that Plaintiff hath not any right whatsoever to be satis- lied in or touching the pMemises. insist, that in case it shall appear that the said mortgage was so satis- fied as aforesaid, by or out of the personal estate and effects of the said Testator, the same ought to be assigned to, or in trust for Plaintiff", or in case it hath not been so satisfied, a sufficient part of the said Testa- tor's personal estate oui:ht to be applied in satisfaction thereof. Charge, that Plaintiff' has been so far from refusing to redeem the said mortgage as aforesaid, that he hath at all events, and at different times, oflered to [)ay what should appear to be due for principal and in- terest on the said mortgage, without aiiv regard to his said claim on the said personal estate and effects as aforesaid in respect thereof, but with- out prtjudice thereto. Charge, that on, &c. Plaintiff called on the said Defendant at his liou>e m K. aforesaid, and desired to know how much was then due for principal and interest on the said mortgage, and upon his refusing to disclose the same, Plaintiff actually tciulered to him the sum of £ for satisfying what was thon due to him for principal and interest on the .said mortgage, together with months interest on the said princi- pal sum tno/e than wlut was then due, as a compensation and satisfac- tion for the said Defendant, for his not having had the usual notice of Plaintifl's intentions to redoem the said mortgaged premises, otiCeiing at the same time to pay the s,iid Defendant in case he could make it appear that lh«! said £ was not sutlicieiit for answering the purposes afore- said, but whith in fact it was, and which the said Defendant llien admit- ted It to be, and make good such deticienc\, but which he repeatedly re- cused to accept. All winch, &c. That an account ninv be taken of what was due for principal and interest on the said mortgage at the tune the said assignment was so taken BILLS UPON MORTGAGE MATTERS. 159 taken as aforesaid ; and that an account may be also taken of what hath become due or ought to be paid from or by the said Defendant for or in respect of the rent for the preinisci, so occupied by liim since the death of the said Testator, and •j'so of all and every the sum or sums which since the death of th(^' said Testator have been received by the said Defendant, or by his order, or for his use, for or on account of the residue of the said mortgage, in case it shall appear that tiie said mortgage is satisfied by the said Defendant, by and out of the personal estate of the said Testator, so that what shall appear to be coming out of the rents and profits as aforesaid, after all just and reasonable allowances, may be paid to Plaintiff. And in case it shall appear that the said mortgage was paid and satisfied by the proper money of the said Defendant, then that an account may be taken of the personal estate of said Testator, and what is due for principal and interest on the said mortgage as afore- said ; and that what shall appear to be so coming on account of the rents and profits, after all just allowances, may in such case be set off in part satisfaction or discharge of what shall appear to be due for principal and interest on said mortgage, and m such case that a sufticient part of Testator's personal estate may be applied in dis- charge of the said mortgage money and interest ; and if the same shall not be sufficient, that upon Plaintiff's paying to the said De- fendant what shall appear to be then remaining due for principal and interest, that the said Defendant may be decreed to assign or con- vey the said mortgaged premises for the residue of the said term therein granted, to or in trust for Plaintifif", in such manner as this Court shall direct, and may also deliver up to Plaintiff all the title- deeds, evidences, and writings whatsoever, in his custody or power, toucliing or concerning the said mortgaged premises, or any part thereof, and that he may also be let into the possession thereof. And further relief". J.L. Bill of Foreclosure hij the E.veciiiors of the Mortgagee, ao-f/inst the Alorio-no-or and his Assio;nees. Humbly complaining, shew unto your Lordship, your Orators G. R. of and I. W. P. of , executors of the last vvill and testament of T. W. late of , deceased, that by indenture, Sec. as in and by, 8cc. And your. Sec. that the said sum of £ , or any part thereof was not paid to the said T. W. or to his use, at the time limited and appointed in that behalf by the said indenture of mortgage, but default was made in the payment tliereof, whereby the legal estate and interest of the said T. W. of and in the said mortgaged premises, for the rest and residue of the said several terms became ab-solnte in law, but re- deemable in equity, upon payment to the said T. W. of the said principal money and all interest due thereon. And your, Stc. that the said T. VV'. before he had received or been paid any part of the said principal sum of c£* , and on or about the day of , departed this life, |javuig first duly made and published his last will and testament in writing, and 160 BILI.S UPON MORTGAGE i\l ATI' kliS. and thereby constituted and appointed your Orators the oNecutors thereof, as in, &c. And your, &,c. tliat they have .<-ince duly proved the said vill in the proper Ecclesiastical Court, and have uiidtrtaken the exe- cution thereof, and have thereby become entitled to the said nioitgage premises for the rest and residue novv to come and nnexpir« iS of the said several terms, subject to such redemption as aforesaid, and to have and receive the principal money and interest due and owing ihereon. And your, &c. that afterwards, and before the said principal sum of cf , or any part thereof was paid oft', and on or about the day of , the said M. E. having become a bankrupt, a commission of bankrupt issued under the great seal of Great Byha'm, (sf ate t/ie commis- sion i/i i/ie usual rcai/) whereby the said (the assignees^ became and are now entitled to the equity of redemption of the said mortgaged pre- mises, for the residue of the snid several terms. And your, &c. liiat the whole of the said principal sum of <£" being novv due and.ownig to your Orators as such Executors as aforesaid, together with a large arrear of interest thereon, your Orators have caused frequent ap|>lica- tions to be nuide to the said 1)1. E. and the said , and have retjuested them either to pay and satisfy the said principal money anti interfsl to your Orators, or otherwise to release and assijn iheir equity of redeiiip- lion of and in the said mortgaged premises for the residue of the siiid terms, in the said indenture of mortgage mentioned, to your Orators, and to deliver up to thcin the deeds and writings relating thereto. And your Orators well lioped, ^c. But now, &.c. pretendnig that no .^nch aidentnre of mortgage of sneh dale, purport, or effect as aforesaid, was made or executed by the said M. E. but at other tunes they will admit the same; but then they pretentl th:rt the said M. E. pievious to his bankruptcy, paid, or caused to be j)aid, l> llie said T. W . in his life time, or to your Orators since the (ieceiise of ilie said 1'. \\ . the .said sum of JC , and all interest due thereon, and that there is no sum of nxuuv due or owing to your Orators uptni the security of the said mortgagt il piemises, whert-as your Oratcrs c!iarge, lliat the said smn of .i." and an airear of interest thereon w;;s due and owing to the said T. W . at l!;e lime of his decease, and thai t'le said principal stun, togt-lhei with a Inrthti- arrear of ii;terest, is now (hie and owing to \our Orators, as such executors, u{)on th^ security of the said mortgaged premises, and by virtue of the said indentnie ; and so the said contedt;iat^s will somelimts arL!es, mortgagt-s, and na mnhrances aHectiiig the said premise s, n)adu and exfculed bv the said M. E. and j)rior in point of time to that made by hnn (o the s;iid T. VV. dectased, but the piuticulars thereof, or when, "r to wlioifi m uh', or for what considf lation, or what is now tiue theieoii,, liie >:\id eonfedtjiites refuse to discover. All which, ^c. To the end, ^.c. Prayer. Awd that it be refcrrKJ to one of the iMa;t(rs of tiiis honorable Court, to take an account of what is due to your Orators, as such ex(cu- 'ors as afort.-Haid, for principal ;ind interest on the said security from the said ,\J. E. lo the said 'i". W. deceased, and that the saiy this honorable Court, together vith your Orator's costs, and in default thereof that the s^aid P. J., and all persons claiming under him, may be foreclosed of and from all equity of redemption or claim, in and to th'^ said mortgaged premis.'s, and every part thereof, and may deliver over to your Orator ail deeds, charters, &:c. whatsoever, relating to or concerning the said manor, &c. ; and that the said L. M. may set forth what right or title he hath or claimeth of and in the said premises, or any or what part thereof, and whether he is not a trustee for your Orator, and why he refuses to let your Orator bring an eject- ment in his name, in order to recover possession of the said pre- mises ; and that the said .erm of years may be declared to be in trust for your Orator and hi? heirs, to attend the mheritance of the said premises. And for further relief, &.c. Bill for an Accouyit of Mortgage Money due, a?id Sale of mortgaged Premiseg. Humbly complaining, shew unto your Lordship, your Orator and Oratrix, J. B., of, &.c, and C. B., his wife, which said C. B. is the execairix and residuary legatee, named in the last will and testament of her late husband J. R., deceased; that the said J. R., in his life-time, being seized to him and his heirs, according to the custom of the manor of P. R. aforesaid, of certain cop}hold messuages, lands, tenements, and hereditaments, held of the said manor, in consideration of the sum of £ , paid to him by W. K., one of the Defendants hereinafter named, and for securing the repayment thereof, with interest, on or about the day of , duly surrendered according to the custom of the said nianoi, all the said messuages, lands, tenements, and hereditaments, held of the same manor, to the use of the said \V,K., his heirs and assigns for ever, which said surrender was, by a provision therein contained, conditioned to be void on payment by the said J. R., his heirs or assigns, to the said "W, K., his executors, administrators, and assigns, of the sum of 4. , Mith such interest for the same, and at such time and in such manner as is thereju mentioned, m and by the said surrender, which was duly in- rolled in the court rolls of the said manor, or a copy thereof, when the same shall be produced to this honorable Court, will more fully and at large appear. And your, &.c. that it being appiehended by the said W. K. that the said copyhold premises, so surrendered to him as afore- said, by way of mortgage for securing the repayment of the said sum of £ , and interest, were not of adequate value for that purpose, the said J. K. as and for a further and collateral security, duly executed a ceitain bond or obligation in writing, bearing date on or aLout the said day of , whereby he bound himself, his heirs, ex- ecutors, and administrators, unto the said W. K., his executors, admi- uistrators, BILLS UPON MORTGAGE MATTERS. l67 nistrators, and assigns, in the sum of £ , with a condition thereunder written for making the same void on payment by the said J. R., his heirs, executors, aiul administrator*, of tiie sum of £ , with interest for the same, at the time and in the manner therein mentioned, as in and by the said bond or obhgation which is now in the custody or power of the said W. K., when the same shall be produced to this honorable C<*«irt will more fully and at large appear. And your, &c. that the said 1. II after- wards duly made his last will and testament hi writing, b( aring date on or about the of , , and executed in such manner and form as by law is required to pass real estate, whereby, &c. (gave per- sonals to Oratrix, subject to his debts, &c. and devised his lands, cCc. to his brother, and heir at law, W. R., appointed Oratrix sole executrix), as in and by, &c. And your, iicc. that the said W. R., after the death of the said Testator, entered into and upon the said copyhold estates in the said manor of P. R., so mortgaged as aforesaid to the said W. K., and became and was entitled to the equity of redemption Uiereof, subject to the said mortgage ; and the said W. R., being so seized, departed this life on or about the day of , having first duly made his last will and testament, in writing, and thereby devised all his right and interest in and to the said copyhold premises unto T. G. and J. P., two other Defendants hereinafter named, and their heirs, in trust, to sell the same, and to apply the produce thereof in manner therein mentioned, and he thereby ap- pointed the said T. G. and J. P., the executors thereof, as in and by, &c. And your, &c. that after the death of the said J. R., and in or about the day of your Orator and Oratrix intermarried together. And your^ Sec. Inquiry. And whether the said Defendants T. G., J. P., and W. K., or some, or one, and which of them, did not make a sale of the said copyhold pre- piises, so mortgaged as aforesaid, to the said W. K., at or about the time and for the price hereinbefore mentioned, or at or about some and what other time, and for some and what other price in particular ; and that the said Defendants may set forth the particulars of such sale, and to whom sold, and when and by whom the money arising therefrom was received, and how the same was applied and disposed of ; that the said jDefendants T. G., J. P., and W. K., on or about the day of , joined in a sale of the said copyhold premises so mortgaged as aforesaid, to the said Defendant VV. K., by the said T. R., at and fur the price or sum of £ , or at and for some other sum greatly exceeding the amount of the said principal, and of all interest due thereon, to the said Defendant W. K. ; and forasmuch as the said copyhold estate and pre- mises were devised to the said W. K., by the said T. K., expressly sub- ject to the mortgage so made to the said VV. K. ag aforesaid, <.;sd then an actual subsisting charge thereon, your Orator and Oratrix well hoped that the said Defendants W. G. and J. P. would have applied as fnuch of the said money as was necessary in satisfaction and discharge of the said mortgage; and tinit the ^aid VV. K. would have delivered up to your Or.ator and Oratrix, to be cancelled, the aforesaid bond conditioned for the payment oi £ , and interest, which was given by the said J. R., deceased. 168 BILLS UPON MORTGAGE MATTERS. deceased, to the said Defendant W. K. as and for a collateral security to the said copyhold premises. But now so it is, S-Lc. the said J. G. and J. P. have only applied so much of the money arising from the sale of the said copvhold premises as was necessary to discharge the sum of- £, , and interest, part of the said mortgage to the said W. R., and absolutely refuse to apply any further or other sum in discharge thereof, sometimes pretending that the said copyhold premises were by the terms of the said mortgage to stand as a security for the sum of £ only, and that the rest of the said loan of £ from the said W. K. to the said J. R. \\as secured only by the bond of the said J, R., whereas your Orator and Oratrix expressly charge, that the whole of the said sum of £ was secured by the said mortgage, and that so it would appear, as well by the aforesaid surrender, as well by the mortgage deed, or other instrument accompanying the same, if the said W. K. would produce thorn, but which he refuses to do. Charge, that the said bond was given by the said J. R. only as a collateral security to the said mortgage, in case the money, arising from the sale of such premises, should be in- sufficient to pay the said sum of £ , and interest. Charge, that even in case the said bond was not so given, yet that by the terms of the will of the said J. R., the said T. G. and J. P. took the premises expressly subject to the said mortgage, and liable thereto in the first instance. And so the said Defendants will at times admit, but nevertheless under such and the like pretences they persist in their said refusal. Charge, that the said Defendant W. K. joined with the said Defendants T. G. and J. P in the sale of the said copyhold premises, without insisting on the full satisfaction of the principal and interest due to him on the mort- gage thereof, in consequence of some secret and fraudulent agreement made between the three said Defendants for the purpose of charging your Orator a. id Oratrix with the money secured by the said bond ; and the said W. K hath commenced an action on the said bond against your Orator and Oratrix in his Majesty's Court of K. B., and threatens to proceed to judgment and execution thereof. AH which, &c. To the pnd therefore, &.c. Prayer. And that the said Defendants may answer the premises ; and that an account may be taken of the principal and interest due to the said Defeauant W K. on the aforesaiil mortgage of the said copyhold premises, made to him by the said J. R. deceased, at the time of the saie of the said copyhold premises, and that the same, or so much thereof as may be necessary, may be applied in satisfaction and disehargf of the principal and interest wiiich shall be found to be duf It aijresaid to the said Defendant W. K.; and that the bond ex:cutcd as :iforesaid i)y the said J. R., as and fur a collateral se- curity t') the said \V. K., may be ddivertd up to your Orator and Oiatiix to b<' cancelled ; and liiiit in the mean time tlie said W. K. niiiy be restrained, by the injunction of this honorable Court, from all further proceedings ai law against your Orator and Oratrix on the said bond. And foi further relief, ifvc. J. L. Pray Siihpu;na againsi T. G. and J P., nn'l hniunlion ami ^aO^ucna a^uiiisl, If, A. ^ ^Bilt BILLS UPON MORTGAGE MATTERS, 169 Bill by Tleir of Morts:n(ror for Tledemptlon of Copyhold J^ remises, and a)i Account of Rents and Projits received by Mortgagee. Humbly complaining, &c. that E. M., late of, 5cc. widow, and now deceased, the mother of your Orator, was, in and before the month of , seized to her and her heirs, accordmg to tlie custom of ilie manor of B. in the county of S., of and in a certain copyhold or customary mes- suage or tenem^*iit and premises, with the appur'enances, holden of the said manor, and iving in, &c. And your, &c. ihat the said E. M. having occasion to borrow a sum of money, did, on or about the, &:c. apply to I. C. INI., of, &c. the Defendant hereinafter named, to advance and lend her the sum of £ upon mortgage of the said copyhold mes- suage or tenement and premises, and the said I. C. M., having consented so to do, your Orator's said late mother duly surrendered the said copy- hold or customary messuage and tenement, according to the custom of the said manor, to the use of the said I. C M., and his heirs, upon condition, nevertheless, that the said surrender should be void upon re- payment by the said E. M., her heirs, executors, administrators, or assigns, to the said I. C. M., his executors, administrators, or as- signs, of the said sum of £ , with interest for the same after the rate of 5 per cent, on the, &c. And your, Sec. that the said sum of £ not being repaid within the time mentioned in the said condition, the said I. C, M. was, on or about the day of , admitted tenant of the said premises, according to the custom of the said manor, to hold to him the said I. C, M., his heirs and assigns for ever, but subject, nevertheless, to the equity of redemption thereof by the said E. M., her heirs or assigns, as in and by the said surrender and ad- mission, reference, &c. And your, &:c. tl.at the said 1. C. IM., upon his advancing the said sum of £ to the said E. iSI., entered into pos- session of the said mortgaged premises, or into the receipt of the rents and profits thereof; and the said 1. C. M, hath ever since been and now is in such possession or receipt, and by means thereof, and of money from time to time advanced and paid to him by the said E. M., the said I. C. M. hath been greatly more dian repaid tiie said principal sum of £ , 2!id interest thereon. And your, ike. tiiat the said E. M. de- parted Uiis life on or about the day of , leaving your Orator, her youtigest son and iieir at law, and heir according to the cus- tom of the said manor of li., and thereupon your Orator became entitled to the equity of redemption of the said mortgaged premises. And your, &.C. that he hadi, by himself and his agents, repeatedly applied to the said I. C. M., and requested him to come to an account vvilli your Orator for the monies from tune to time advanced to him in payment of the said mortgage money by the said E. M. in, her life-time, and for the rents and protiis of the said mortgaged premises received by him in the life-time of the said E. M., and since her death, and to pay over to your Orator what upon such account he shall appear to have received beyond the said prin- cipal sum of ^ , and interest thereon, and to surrender the said copyhold premises to the use of your Orator and his heiis. And yr,ui- Orator 170 BILLS UPON MORTGAGE iMATTERS. Orator well hoped, &c. But now, 8cc. pretends, that the monies which Avere paid to him on account of the said mortgage by the said K. M. in her life-time, and the rents and protits of the said mortgaged premises received by him, or which, but for his wilful default or neglect, he might have received since he lirst entered into the possession of the said premises as aforesaid, have not been more than sufficient to satisfy and keep down the interest from time to time accruing due on the said principal sum of £ . Charge cuntnny, and so it would appear, if the said Defend- ant would set forth, as he ought to do, a full, true, and particular account of all and every the monies received by him, in or towards satisfaction of the said mortgage money, and when and from whom received ; aiid also a full, true, and particular account of the rents and profits of the said premises, since he first entered into the possession oi the said premises as aforesaid, received by him, or which, but for his wilful default and neglect, might have been received by him, and whom, and from whom, and on what account respectively received ; and your Orator further charges, that in order that the said Defendant might have no pretence to keep from your Orator the possession of the said mortgaged premises, your Orator, in the month of last, tendered to him the full sum of £ , subject to a future account as to the receipts of the said Defendants by the means aforesaid ; and your Orator, at the same time, earnestly desired the said Defendant to furuish him with the particulars of the sums received by him, by the rents and profits of the said pre- mises, or otherwise, in or towards satisfaction of the said mortgage monies, and offered to pay immediately any balance that should be due beyond the said sura of £ , if any such there were ; but the said Defendant refused to accept the said sum of j£ , or to deliver to your Orator any account of his receipts by the rents and profits of the said premises, or otherwise, and told your Orator that he might tile n bill in equity against him as soon as he pleased. All which, Sec. And that the said Defendant may answer the premises ; and that ?i^ account may be taken of the rents and proiits of the said mortgaged premises which have been received by the said Defendant since his possession thereof as aforesaid, or which, but for his wilful default or neglect, midit haye been so received ; and also an account of all other the sums which have been received by the said Defendant iu or towards satisfaction of the said mortgage money ; and that an account may also be taken of the principal and interest which hath accrued due on the said mortgage ; and in case it shall appear that the rents and protitb, and other receipts of the said Defendant, ex- ceed the said principal and interest, then that the said Defendant may be directed to pay to your Orator such excess, your Orator being ready and willing, and hereby offering to pay to the said De- fendant what, if any thing, shall on the balance of the said accounts appear to remain due on such mortgage to the said Defendant; and ihat the said Defendant may surrender the said mortgaged pre- mises unto your Oiator, or such other person as he shall appoint, free and clear of all incumbrances, done by him, or any person claiming: BILLS UPON MORTGAGE MATTERS. 171 claiajiug by, from, or under him ; and may deliver up to your Orator all title deeds or writings in his custody or power relating to the said mortgaged premises. And for further relief. Bill to have Goods redeHvered, which had bten deposited as a Security for JMoney lent. Humblv complaining, Jkc your Orator A. S. of, See. that your Orator having occasion ior a sinn of money for the purposes of his business, made api,lic.ition to P. *^. of, &.c. the Defendant hereinafter ■named, to lend hmi the same, and thereupon the said P. S,, on or about. &c. advaneed and lent to your Orator the sum of £ , and in order to secure the repayment thereof, with interest, your Orator de- posited with the said Defendant a box of tanned boot-legs and tops, 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 De- fendant, but it was expressly agreed, between your Orator and the said Defendant, that your Orator should nevertheless be at liberty to redeem the same; and your Orou ; shevvefh, that being desirous to redeem the said goods, he hath repeatedly applied to the said P. S., and halh offered to repay him the said sum of £ with lawful interest thereon, on having the said goods redelivered to him; with which just and reasonable request your Orator well hoped, &.c. But now so it is, &c. To the end, &c. Prayer. And that the said Defendant may answer the premises; and that an account may be taken of what is due to the said Defendant for principal 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 uith him as aforesaid. And that your Orator may have such fur- ,?her and other relief, &c. J. L. SECT. 172 SECT. X. — BILLS UPON JTANKRUPT MATTERS, Bill by Assignees of Bankrupt against Bankers, for an Account of Aloney produced by Sale of Estates, which were assigned to them for paying certain Bills whick they accepted for the Bankrupt. Humbly complaining, shew unto your Lordship, your Orators J. M. of, &c. W. P. of, &,c. and J. H. of, &,c. assignees of the estate and ef- fects of C, H. H. late of, &c. banker, that the said C. H. H, was, in and before the month of , seized in fee-simple, or otherwise well entitled, to him and his heirs, subject only to an estate for life to his wife E. A. H. in case she should survive him, of and in the manor, &,c. (set out the premises.) And your Orators shew, that by certain indentures of lease and release, bearing date respectively the, &.c. the release being of three parts, and made, or expressed to be made, between the said C. H, H. of the first part, S. O. H. of, 8cc. of the second part, and T. H. L.M. S. B. C. G. and H. H. all of, &c. bankers, and five of the Defendants hereto, of the third part, the said C. H. H. by way of securing to the said T. H. and his said copartners, all such sums of money as should be advanced by them to or for the use of him the said C. H. H. granted, released, and confirmed unto the said T, W. &vC. and to their heirs and assigns, all those the aforesaid manor, Scc. to hold, &c. (set out this deed, which empozcers Defendants to sell) as in and by, &.c. And your Ora- tors further shew unto your Lordship, that the said T. H. and his said copartnership alledge, that upon the credit of the said security, they the said T. H. and his said copartners, accepted bills drawn upon them by the said C. H. H. to the amount of ,£ over and above the vaowty of the said C. H. H. in the hands of the said T. H. and his said copart- ners, and when the same became due, the said C.H. H. did not pro- vide them with money for the payment of the said bills or any of them, and the said T. l\. and his said copartners were obliged to take up and pay the same with their own proper monies. And your, &c. that the said T. H. and the said Defendants his copartners, with the privity and approbation of the said C. H. IL andE.A. his wife, caused the said manor and premises aforesaid to be put up to sale by public auction^ on the day of , by Mr. C. and the same were then sold to one E. R. esq. who was the highest bidder at the said sale, for the sum of £ . And your, &.c. thai after tlui said sale, and on or about the, &c. a commission of bankrupt under the «j;reat seal of i.lreal Britain was awarded and issued against the said C. II. 11. and he was thereupon duly found and declared a bankrupt by the major part of the commissioners in and by the said cunwnission named and authorized, and your Orators wrre duly chosen assignees of his estate and efl'eets ; and the usual assign- ment of liis p« rsonal estate, and a bargain and sale of his real estate was duly made to your Orators by the major part of the commissioners in t the BILLS UPON BANKRUPT MATTERS. 1/3 the said commission named. And your, Sec, that by indentures of lease and release, bearing date respectively, &c. the release being of six parts, and made between, &.c. the said manor and other premises were, in con- sideration of the said sum oi' £ , duly conveyed unto the said E. R, ip manner therein mentioned. And your, &c. that the said price or sum ofc£ was paid by the said E. R. to the said T. IL and his said copartners, and that the said T. H. and his said copartners afterwards paid the sum of £ , part thereof, as or for the coiisideration ov value of the life estate to which the said E. A. II. was entitled in remainder in the said manor and premises as aforesaid, but the said T. H. and tlie said Defendants his said copartners, have ever since retained, and do now retain in their hands, the residue of the said sum of £ , which, after satisfying their own debt, amounts to between £ and £ , and they have from time to time mixed such residue with their own monies, and employed the same in their trade or business of bankers, or have otherwise made interest thereof. And your Orators shew, that tliey, by themselves and their agents, have repeatedly applied to the said T. H. and his said copartners, to pay to them, as assignees as aforesaid, the residue of the aforesaid purchase money, after satisfying their own debt, together with interest thereon, from the time they received the same. And your Orators well hoped that the said Defendants would have com- plied, Sic. but now so it is, &c. refuse so to do. And the said T. H. L. M. &c. &,c. pretend, that the monies produced by the sale of the said manor and premises were to an inconsiderable amount, and not sufficient, «fter deducting the aforesaid sum of <£ , to pay and satisfy the debt due to them, whereas your Orators charge the contrary of such pre- tences to be the truth, and so it would appear, if the said Defendants T.H. L. M. &c. Sic. would set forth, as they ought to do, a full and true ac- count of all and every the dealings and transactions between the said Defendants and the said C. H. H., and of what is due to the said De- fendants in respect thereof; and also a full and true account of the monies received by them from the sale of the said manor and premises, a.nd of their application thereof. And your Orators further charge, that the said other Defendants severally claim some interest in the said re- sidue of the said purchase money now in the hands of the said T. H. and his said copartners, but how they make out the same they respec- tively refuse to discover. All w hich actings, doings, &,c. To the end, Sec. Interrogating Part. Whether the said C. H. H. was not, in and before the month of , seized in fee-simple, or otherwise well entitled, to him and his heirs, sub- ject as aforesaid, of and in the manor, lands, and premises hereinbefore mentioned, or some and what part thereof, or of and in some other, and what lands and premises, and whether such indentures of lease and release as are hereinbefore stated to bear date respectively the, &c. were not made and executed between such parties, and to such purport and efFect as hereinbefore set forth, or some* other indentures oi lease and release, of some other, and what date, between some other parties, and whom, to such or the like, or some other and what purport and effect ; and 174 BILLS UPON BANKRUPT MATTERS. and whether upon the credit of the aforesaid security, the said T. H. ' and his said copartners, or any and which of them, did accept any and what bills draw n upon them, or some, or one, and which of them, by the said C. H.H, ; and whether to the amount of^ , or to what amount, over and above the money of the said C. H. H. in the hands of the said T. H. and his said copartners ; and whether when the same be- came due, the said C. H.H, did or not provide them with money for the payment of the said bills, or any and which of them ; and whether the said T. H. and liis said copartners did lake up and pay the same, or any and which of them, with their own proper monies or how other-* wise; and whether the said T. H. and the said Defendants his copart- ners, with the privity and approbation of the said C. H. H. and E. A. his wife, did not cause the said manor and premises to be put up to- sale by public auction, at or about the time hereinbefore mentioned, or at some other time, and when ; and whether not by Mr. C. or by whom ; and whether the same were not then sold to the said E. l\. for the sum «f c£ , or at what other price ; and whether the said E. K. was not the highest bidder at the said sale, for the said sum of £ , or how othervyise ; and whether after the said sale, and on or about tli€, &c. a commission of bankrupt under the great seal of Great Britain was not awarded and issued against the said C. H.H.; and whether he was not thereupon duly found and declared a bankrupt by the major part of the commissioners in and by the said commission named and authoriz«d, or how otherwise ; and whether your Orators were not duly chosen as- signees of his estate and effects ; and whether the usual assignment of his personal estate, and a bargain and sale of his real estate was not duly made to your Orators by the major part of the commissioners in the said commission named, or how otherwise ; and whether the said manor and other premises were not duly conveyed to the said E. R. by such in- dentures of lease and release as aforesaid, or by some other and what in- dentures ; and w hether the said price or sum of £ , or some other and what sum was not paid by the said E. R. to the said T. H. and his said copartners, or one and which of them ; and whether the said T. H. and his said copartners did not afterwards pay the sum oi £ , or some other and what sum, part thereof, as or for the consideration or value of the life estate to which the said E. A.H. was entitled in re- mainder in the said manor and premises as aforesaid, or how otherwise ; and whether the said T. 11. and the said Defendants his copartners have not ever since retained, and do not now retain in their hands, the residue of the said sum of £ , and if so, wliy and for what reason; and whe- ther, after satisfying their own debts, the same doth not amount to be- tween £ and £ , and to what sum in particular ; and whether they have not from time to time, or at some time or times, and when, mixed such icsidue, or some and what part thereof, with their, or some, or one, and which of their own monies ; and whether they have not, and when, and for Ikjw long, employed the same, or some and what part thereof, in their trade or business of bankers, or otherwise, and how made interest thereof, or some and what part, or how otherwise; and whether your Orators have not made such applications to the said De- fendants as hereinbefore mentioned, or some other and what applica- tions BILLS UPON BANKRUPT MATTERS. 175 llofis to such or the like, or some other and what effect ; and whether they have not respectively refused to comply therewith, and if so, why atid for what reason ; and that the said Defendants may set forth a full and true account of all and every the dealings and transactions between the said Defendants, or either of them, and the said C. H. H. a«id of what is due to the said Defendants in respect thereof; and also a full and true account of all and every the sum and sums of money which have or bath been received by them, or either of them, or by any other person or persons by the order or for the use of them, or either and which of them, for or in respect of the produce or money arising by sale of the said manor and premises, or any part thereof, and when and from whom all and every such sums were respectively received, and how the same were applied. Prayer. And that the said Defendants may answer the premises ; and that an account may be taken of the monies received by the said Defend- ants T. H. and his said copartners, from the sale of the said manor and lands of G. and of their application thereof; and also an ac- count of the dealings and transactions of the said Defendants with the said C .H. H. and of the debt due to them in respect thereof, and secured by the aforesaid manor and premises ; and that the balance which shall appear to be due from them upon the accounts aforesaid, together with interest upon such balance from the time the said purchase monies were received by them as aforesaid, may- be paid to your Orators. And for further relief, Sec. J.L. Bill hif Assignee of Bankrupt to Jiave an Assignment of Lease of Premises delivered up to he cancelled, ivhick the Bankrupt assigned to the Defendant a short Time previous to his Bankruptcy. Charge for xvant of va- luable Consideration. Humbly complaining, sheweth unto your Lordship, your Orator S. S. of, &c. the assignee of the estate and effects of T. D. late of, See. that by an indenture of lease, bearing date on or about the day of , one I. N. of, &,c. demised unto the said T. D. messuages or tene- ments, then, &c. then in the occupation of the said T. D. with the ap- purtenances, to hold from the day of , for the term of years, under and subject to the payment of the yearly rent of £ , and to the performance of the several covenants, conditions, and agreements therein contained, as in and by the said indenture of lease, which is now in the custody or power of W. C of, ik.c. the Defendant hereinafter named, reference being thereto had, will more fully appear. And your, &c. that in or about, &c. the said T. D. being insolvent and unable to pay his creditors, and well knowing that a commission of bankruptcy w/)uid speedily be issued against him, the said T. D. concrted and nizreed 17^ BILLS UPON BANKRUPT MATTERS. agreed with the said Defendant W. C. to assign to him the said indenture of lease for a nominal consideration o( £ , to be expressed in th« deed of assignment ; and the said T. D. cansed a deed of assignment to be prepared accordingly by his own solicitor, and the same was dated on, &c. and was executed by the said 'V. D. on the day of the date tliereof ; and the said T. D. then, or about that time, delivered the said indenture of lease and assignment to the said Defendant. And your Orator sheweth, that the said \V. C. did not in fact pay to the said T. D. the said sum of £ , and that the said assignment was so made in order to prevent the just creditors of the said T. D. from having the benefit of the said lease in case of his bankruptcy, and that the said Defendant might hold the same in trust for the said T. D. or some part of his family, or for the joint benefit of the said T. D. and the said Defendant. And your, &c. that on or about, &c. a com- mission of bankrupt under the great seal of Great Britain was awarded and issued against the said T. D., &c. (state commission) as in and by the said commission, and the proceedings had thereupon, when pro- duced, will appear. And your, Sec. that he hath by himself and his agents repeatedly applied to the said Defendant W.C. and hath re- quested him to deliver up the said assignment to be cancelled, and also deliver up to your Orator the said indenture of lease, in order that your Orator may dispose of the same for the benefit of the just creditors of the said T. D. with which just and reasonable request your Orator well hoped, &c. But now, &c. hath absoli]t?iy refused so to do. And the said Defendant pretends, that he dulj paid to the said T. D. the said consideration of £ at th? time of his exe- cuting the said assignment, whereas your Orator charges the contrary thereof to be the truth as aforesaid. And your Orator charges, that the said Defendant is a person in poor circumstances, and had not at that time a sum of £ in his possession or power. And the said Defendant refuses to set forth in what manner he paid the said sum of £ , and when and from whom he received or ob- tained the same, or by what means he was enabled to make such pay- ment. And at other times the said Defendant pretends, that the said T. D. was indebted to him at the time of executing the said assignment in the said sum of £ , and that the said assignment was executed by the said T. D. in consideration of the said debt ; but when and how the said T. D. so became indebted to him the said Defendant refuses to dis- cover. And your Orator charges, that if the said T. D. had at any tinie becH indebted to the said W. C. he had by some means fully satisfied the said debt. And your Orator charges, that tiie said T. D. first proposed to the said Defendant, the making of the said assignment, and that the said Defendant, at the time the same was executed, knew, or believed, or had some reason to believe or suspect that the said T. D, was in embnriassed circumstances, and was about to become bankrupt, and the said Dcleii- dani accepted such assignment with a view to the advantage of tiie said 1". D. (jr some part of his family. And your Orator charges, that it was agreed or understood, that the said Defendant was not to hold the said lease for ins own sole benefit, and as his own sole properly. And your Orator further charges, that the said lease was of much greater valuQ than the BILLS UPON BANKRUPT MATTERS, 177 the said sum of ef , and was in fact worth c£ . And your Orator further charges, that tlie said 'J\ D. caused the said assignment to be re- gistered on tiie day it was executed, and that the sohcitor of the said T. D. at his request, paid an expedition fee for the registering thereof. All which actings, &.c. To the end, &c. Interrogatiug Part, Whether an indenture of lease was not made of such date and to such effect as hereinbefore particularly mentioned, or some other, and what indenture of some other, and what date, to sucli or the like or some other and vhat effect, and whether such indenture of lease is not, or lately was not, and when last in the custody or power of the said W. C. or in the custody or power of some other person, and whom, and what is becoaie thereof; and whether, in or about the latter end of the month of or at some other time, and when, the said T. D. was not insolvent, and whether he was not unable to pay his creditors ; and whether he did not know, believe, or suspect, that a commission of bankruptcy would be speedily issued against him ; and whether he, the said V. D. did not concert and agree with the said Defendant VV. C. to assign to him the said indenture of lease, and what was the particular agreement made between them in that respect, and all and every the terms thereof; and whether not for a nominal consideration of £ or some other, and what sum, to be expressed in the deed of assignment, or for what other consideration ; and whether the said T. D. did not cause some, and what deed of assign- ment, to be prepared accordingly by his own solicitor, or by some other person, and whom, or who else caused the said deed of assignment to be prepared, and by whom was it prepared ; and whether the same was not dated on the of , or when was the same dated ^ and .whether it was not executed by the said T. D. on the day of the date thereof, or when else was it executed, and whether the said T. D. did not then or at some other time, and when, deliver the said indenture of lease and assign- ment, or one and which of them, to the said Defendant, or to some other person, and whom ; and whether the said W. C. did in fact, and when, pay to the said T. D. the said sum of £ or any other and what sum, as the consideration of the said assignment; and whether the said assignment was not so made in order to prevent the just creditors of the said T. D. from having the benetit of the said lease in case of his bankruptcy, and whether not, that the said Defendant might hold the same in trust for the said T. D. or for some and what part of his family ; and whether not for the joint benefit of the said T. D. and the said Defendant, or either and which of them, or what in particular were the reasons and inducements for the said T. D. to make, or the said Defendant to accejU the said assignment ; and whether, at or about the time hereinbefore mentioned, or at some other time, and when, a commission of bankrupt under the great seal of Great Britain, was not awarded and issued against the said T. D. and whether he was not thereupon duly found and declared a bankrupt by the major part of the commissioners in and by the said commission named and authorized; and whether your Orator was not duly chosen the ^ assignee l/S BILLS UPON BANKRUPT MATTERS. assiguee of his estate and effects ; and whether the usual assignment of his estate and effects was not duly made to your Orator by the major part of the commissioners in the said conmiission named; and whether Your Orator hath not made such applications to the said Defendant W. C. as aforesaid, or some other and what applications, to the like, or some and what eflfect; and whether he hath not refused to comply there- with, and for what reason ; and whether the said Defendant is not a per- son in poor circumstances ; and whether he had at that time a sum of £ in his possession or power. And if the said Defendant shall pre- tend that he duly paid to the said T. D. the said consideration of ^ ^ then that he may set forth in what manner he paid the said sum of ^ and when and from wliom he received or obtained the same, or by what means he was enabled to make such payment. And if the said Defen- dant shall pretend that the said T. D. was indebted to him at the time of executing the said assignment in the said sum of £ , and that the said assignment was executed by the said T. D. in consideration of the said debt, then that he may discover and set f(jrlh wlien and how the said T. D. so became indebted to him ; and w hether, if the said T. D. had at any time before been indebted to die said ^^ . C, he had not by some and what means fully satisfied the said debt ; and whether the said T. D. did not first, and when, propose to the said Defendant, the making of the said assignment, and w hat was said by the said T. D. and the said Defendant upon that occasion, and what passed thereupon between them ; and whether the said Defendant did not, at the time the same was exe- cuted, know or believe, and whether he had not some, and what reason, to beheve or suspect, that the said T. D. was in end)airassed circum- stances ; and whether not that he was about to become bankrupt; and whether the said Defendant did not accept such assignment with, a view to the advantage of the said T. D. or for some and what part of his family, or for what other reason or motive; and whether it was not agreed or understood by and between the said T. D. or one and w hich of tliera, that the said Defendant was not to hold the said lease for his own sole benefit and as his own sole property, and what in particular was understood and agreed between them in that respect : and w hether the said lease was not of greater, and how much greater value than the said sum of £ ; and whether it w as not in fact worth £ ; and whether the said T. D. or some other person, and v hom, did not cause xhe said assignment to be registered on the day it was executed ; and whether the solicitor of the said T. D. or some other person, and ivhom, did not at his request or otherwise, pay some and what expedition fee for the registering. Prayer. And that the said Defendant may answer the premises. And tliat the said assignment of the said lease of llie day of may be declared void, as fraudulent against your Orator and the rest of the creditors of the said banknipt ; and that the said \V. C may be decreed to deliver up the said assigniueut to your Orator to be cancelled. BILLS UPON BATSTKRUPT MATTER.?. 179 cancelled. And may also deliver up to your Orator the said inden- ture of lease. And fur further relief. Vray Subpaiia against IV. C. Bill by As^signees of Bankrupt against Executors of Banh- riipt''s Father, fur an Account, and that the Residue of the Estate may be secured and invested for Benefit of his Creditors. Humbly complaining, shew unto yonr Lordship, your Orators R. 11. of , J. H. G., of , and K. M., of , that T. B., late of , duly made and published his last will and testa- ment in writing, bearing date on or about the day of , and thereby, amongst other things, gave and bequeathed, &.c. as in and by, &c. And your, &.c. that the said Testator departed this life on or about the day of , without having altered or revoked his said will, leaving the said M. B. his widow, and the said W. B. and T. B. in the said will named, him surviving ; and the said M. B. hath, since his death, duly proved the said will in the proper Ecclesiastical Court, and taken upon herself the Executorship thereof; and the said M, B. together with the said H. B. and R, A. who interfered in the admi- nistration of the property of the said Testator, under and by virtue of the trusts of the said will, possessed themselves of the personal estate and effects of the said Testator to a large amount and value, and greatly more than sufficient to pay and satisfy his funeral expenses, just debts and legacies, the said M. B., H. B, and R. A. lent and advanced to the said W. B. the son of the said Testator, another Defendant hereto, the sum of c£ , part of the said Testator's residuary estate ; and they also lent and advanced to other persons, other parts of the said Testator's residuary estate upon personal security, in the place of investing the same in government or real security ; and the said Defendants permitted a part of the said Tes- tator's estate, which was owing at the time of his death upon personal security, to remain outstanduig upon such security, whereby the same has been lost, and in particular, a sum of £ and interest due from I. C. of was permitted to remain unpaid, although the same might have been recovered by the said Defendants after the death of the said Testator, if due diligence had been used therein, and the said I. C. hath lately absconded, and is become insolvent. And your, &:c. that a commission of bankrupt, mider the great seal of Great Biitain, bearing date on or about, &,c. badi been awarded and issued against the said T. B. the son, who hath been thereupon duly found and declared a bankrupt, and the usual assignment of his estate and effects hath been duly made and executed to your Orators, who were duly chosen by the creditors, as the assignees of the said bankrupt's estate. And your, &c. that they have by themselves and their agents repeatedly applied to the said M. B. H. B. and R. A. and requested them to come to a full and true account with your Orator for the personal estate and effects of the £< 2 said 180 BILLS UPON BANKRUPT MATTERS. said Testator, and to invest and secure the clear residuary estate of the said Testator, possessed or received by them, or vhich, but for their wilful default or neglect might have been so possessed or received, so that the same nught be forthcoming at the death of the said M. B. for the benefit of your Orators as assignees as aforesaid, and such other persons as may be interested therein. -And your Orators well hoped, 8cc. But now, &c. absolutely refuse so to do ; and the said Defendants at some times pretend, that the personal estate and effects of the said T. B, the said Testator, w ere small and inconsiderable, and not more than sufficient to pay and satisfy his funeral expenses, debts and legacies, and that they have applied all such personal estate and effects in a due course of admi- nistration. Charge contrary, and so it would appear if the said Defen- dants would set forth, as they ought to do, a full and true account of all and every the personal estate and effects of the said Testator, which have been possessed or received, or but for their wilful default or neglect might have been possessed or received by them, the said Defendanis, or either of them, or by their or either of their order, or to their or either of their use, and of their application thereof. i\nd your Orators further charge, that when the clear residuary estate of the said Testator is ascertained, a moiety thereof ought to be invested in this honorable Court, to the account of *' the moiety of T. B. the son, in the residuary estate of the said Testator T. B.'' in order that your Orators, as the assignees of the said T. B. for the benefit of his creditors, may be the better able to sell and dispose of the expectant interest of the said T. B. in such moiety, upon the death of the said M. B. ; and your Orators charge, that in computing such moiety, credit ought to be given for the £ advanced by the said Defendant to the said W. B. as aforesaid, as being advanced out of the moiety to which the said W. B. will be entitled upon the death of the said INI. B. And your Orators further charge, tiiat the said Defendant M. B. ought to make out an inventory of the said Testator's household goods, plate, linen and china, to which she is entitled for her life, and such inventory ought to be signed by the said M. B. and deposited with one of the Mas- ters of this honorable Court for the benefit of all parties interested therein. All which, &c. To the end, &c. Prayer. And that the said Defendants may answer the premises. And tliat an account may be taken of the personal estate and effects of the said Testator possessed by, or come to the hands of the said Defendants >1. B. H. B. and K. A. or either of them, or to the hands i-^i any other person or persons by their or either of tluir order, or to their or eitlicr of their use, or w hich, but for their w ilful default or neglect, n)ight have been possessed or received by them, i^nd also an account of the said 'IVstator's funeral expenses, debts and legacies, and ihat the said Testator's personal estate may be applied in pay- ment thereof \\\ a due course of a(hniiii.stration. And that the resi- due and clear surplus thereof m;iy be ascertained and secured by and under the direction of this honorable Court; and that one moiety thereol may lie carried to an account of " the moiety of T. B. in tlie residuary estate of the Testator 1'. B." subject to the payment of BILLS UPON BANKRUPT MATTERS. 181 of the interest or dividends therein to the said M. B. during her life. And that the said Defendant M. B. may make out an inventory of the said household goods, plate, linen, china, and other effects of the said Testator, given to the said M. B. for her life, and that such inventory may be sigt)ed by the said M. B. and deposited with one of the Masters of this honorable Court. And that your Orators may have such further or other relief in the premises, as to your Lordship shall seem meet and this case may require. May it please, &,c. Tray Subpana against M. B. H.B. R.A.andW.B, $ECT^ 182 SECT. XI, BILLS FOR CREDITORS. Bill by Simple Contract CreditorSy .against Adrmnistra' tor, and i?i case Persunals insiifficient , to have^issets mar- shalled. Humbly complaining, shew unto your Lordship, your Orators A. B. of, Sec. and C. D. of, &c. on behalf of themselves, and all other the simple contract creditors of E. F. late of, &.c. deceased, who shall come in and contribute to the expense of this suit, that the said E. F. departed this life on or about, &c. and was in his life-time, and at the time of his death, justly and truly indebted unto Plaintiff A. B. in the principal sum of £ , w ith an arrear of interest thereon, upon and by virtue of his the said E. F.'s promissory note of hand in writing, bearing date, &,c. for the securii^ig the payment of the said sum of £ to said Plaintiff, with interest for the same, at and after the rate of ^ per aunumj, as by said promissory note, Sec. ,...,-.- ^V^^ ^- " ' ", - - That the said E. F.'in his life-time, and at the time of his death, was also justly and truly indebted unto Plaintiff C. D. in the sum of £ and upwards, for goods sold and delivered, and monies paid, laid out and expended, to and for his the said E. F.'s use. That the §aid E. l^. was in his life-time, and at the time of his death, possessed of, interested in, and entitled unto a very considerable personal estate, consisting of divers estates and premises, held upon lease for terms era term of years, and other chattels, real and personal, and of various other particulars to a large amount and value in the whole, and more than sufficient to have paid and satisfied all his just debts and funeral expenses. And the said E. F. was also in his lifetime, and at the time of his death seized, or well entitled unto some considerable real estates, lands, tene- ments, and hereditaments, situate, Js.c. and particularly of or to divers freehold houses or tenements in L. aforesaid. And also to a close or parcel of land iu F. in the county of L. of some considerable yearly value respectively. That the said E. F. being so seized and possessed departed this life at or about, &.c. intestate and without issue, leaving E. F. of, &.c- his eldest brother and heir at law, and S. F. of, &c. his widow and relict, and that the said S. F. upon the death of the said intestate, applied for and obtained letters of administration of his personal (state and effects to be duly granted to him by and out of the proper Ecclesiastical Court in that behalf, and the said S. F. thereby became and is the legal per- soi.al representative of the said E. F. That under and by virtue of such letters of administration, she the said S. 1'. or sonic person or persons by her order or for her use, hath or have possessed, g( Plaintiff j\. B. the sum of £ , in part discharge of his ) said debt or sum of £ , but that the remainder thereof, together with an arrear of interest on the whole of the said debt, now remains justly dup and owing unto Plaintiff A. B. and the whole of the said sum of £ and upwards, does also still remain justly due and owing unto Plaintiff C. D. from ihe said intestate's estate. That the said S. F. having possessed the said intestate's personal estate and effects, as aforesaid, have applied, &u?; and requested her to pay and satisfy unto Plaintiffs their said respective demands, by and out of the said intestate's personal estate and effects, if the same were sufficient for that purpose. And Plaintiffs have also applied unto said E. F. and requested him, that if the said 'I'estator's personal estate and effects were not suffi- cient, by reason of any application thereof, or of any part thereof, to the payment of any specialty creditors of the said intestate, that he would consent that the deficiency thereof might be raised by sale of a compe- tent part of the said intestate's real estate, or that the said intestate's real and personal assets might be marshalled, and his personal estate and effects applied in payment of his simple contract debts, and his specialty debts paid out of his r^al estate^. And Plaintiffs well hoped, &c. But now, Sec. :'.--f- '-'t-t '•,•>- *-'^- • iV- jC€*:^o~ ■ ' . .Pretend, that' the said E. F. deceased, was not at the time of his death indebted to Plaintiffs or eTther of them in any sum or sums of money whatsoever, and that he never made or signed any such promissory note of hand to Plaintiff A. B. as aforesaid. < ' \, , Charge co)itrart/, and that the said intestate did duly make and sign such promissory note of hand in writing to him, for securing his said debt theretofore justly due and owing thereon, With interest, at and after the rate as before mentioned. , < , . , .: Charge, that the whole of their said several debts and demands were, together with a large arrear of" interest on Plaintiff A. B.'s said debt,: justly due and owing to Plaintiff at the time ofliis the said E. F.'s de- cease, and which said Defendants will at other times admit, but then S. F. Pretends, that personalty insufficient, and applied m payment of spe- cialties, but what specialty debts in particular §he pretends to have paid thereout, refuses to discover. , ^ ■ - '•" ^ ^ v Charge contrary, and Plaintiits are advised, and humbly, insist, that if said personal estate and effects of said intestate have been exhausted by the said S. F. in paying or discharging of any of his specialty debts, then that Plaintiffs, and the oilier simple contuict creditors of the said in- testate, ought, and are entitled, in a court of equity, to have the » lid in- testate's assets marshalled, and to stand in the place of such speci- alty creditors, upon his real estates, and to have satisfaction for their re- spectiv« 184 BILLS rOR CREDITORS. speclive demands thereout to such amount, and for so much as such spe- cialty creditors shall have received out of the said Testator's personal estates, and that such real estate, or a competent ))art thereof, ought to be mortgaged or sold for that purpose; and the said intestate's per- sonal assets ought to be applied solely in discharge of Plaintiffs, and other the simple contract creditors of the said intestate. But, neverthe- less, the said Defendants, under such or the like pretences as aforesaid, refuse to pay Plaintiffs, or either of them, their said demands ; and the said Defendants refuse to come to an account for the real or personal assets of the said intestate. Charge, that said Defendants E. F. hath possessed the title deeds and "writings belonging to and concerning the real estate of the said intestate, and which he refuses to produce or discover. All 'which, &c. To the end, &.C. Praye7\ Tliat an account may be decreed to be taken of the monies due to Plaintiffs, in respect of their said several demands ; and that an ac- count may be also taken of the said intestate's personal estate and effects possessed or received by, or come to the hands of the said Defendant, S. F. or of any other person or persons, by her order or for her use. And also, an account of the rents and profits of the said intestate's real estate, possessed or received by or by the order, or for the use of the said Defendant E. F. ; and that Plaintiffs may be paid their said respective demands out of the said intestate's per- sonal estate, if tiie same shall be sufficient for that purpose, and to pay all other the said debts of the said intestate, as well by specialty as by simple contract. But if the same shall be insufficient for that purpose, then that the said intestate's specialty debts may be raised and paid out of his real assets, and the simple contract debts of the said intestate, paid out of his personal assets ; and that proper directions may be given in that behalf. And if any of the said intestate's estate shall be, or appear to have been applied in pay- ment of the specialty debts of the said E. F. the intestate, then that Plamtiffs, and all other his simple contract creditors, may be declared to be entitled to a satisfaction out of his real estates, and to such amount as specialty creditors shall have received out of his the said intestate's personal estate and effects ; and that a sufficient part of the said real estates may be mortgaged or sold, for raising the same ; and that all proper parties may be decreed to join in such mortgage or sale ; and that, by and out of the monies to arise therefrom, Plaintiffs, and all other the simple contract creilitors of the said in- testate, may be respectively paid and satislied their said several de- mands and their costs of this suit ; and that all the title deeds and vritings relating to the said estate may be produced, and all proper and necessary directions given for etlecluating the several purposes .'iforesaid, and the payment of Plaintiffs said demands. And for further relief, Sec. E.K. A Bill BILLS FOR CREDITORS. 185 A Bill hy specialty Creditor, against Ailmiuistrator and Htir at Laiv of Intestatey for Sale of Mortgage Pre- mises, to pay off Mortgage, as far as they will extend, and in case of Deficiency^ to be admitted a Creditor on the general Assets of Intestate ; and also for Pay- ment of an Annuity, secured hy other PreyniseSy and that they may be sold, and in case of Deficiency ^ to be admitted a Creditor on the general Assets of Intestate. Judgment having been entered up. Humbly complaining, slieweth unto your Lordship, your Orator, 11. of, &c. on behalf of himself and all other the creditors, &c. that by in- dentures of lease and release, bearing date respectively the and flays of , your Orator, in consideration of a certain post obit security, for the sum of £ therein mentioned, conveyed to the said T, H. the fee-simple and inheritance of freehold unfinished houses, situate and being, &c. And your Orator sheweth, that by in- denture, bearing date on the same day of the said T. H. in consideration of the sum of £ , then lent and advanced by your Orator to the said T. H. granted and demised to your Orator of tlie beforementioned houses, for the term of years by way of mortgage. And the said indenture contains the usual covenant for payment of the said £ and interest, and the usual proviso of redemption. And your Orator sheweth, that by a certain other indenture, bearing date the same day of the said T. H. granted and demised the other of the beforementioned houses, for the term of years, in trust for the further and better securing to your Orator, either from the receipt of the rents, or by sale or mortgage of the said last mentioned pre- mises, an annuity or clear yearly sum of £ , for and during the natural life of your Orator, which had been before granted to your Orator by the said T. H. by a certain indenture, bearing date on or about the day of , as in and by the said several indentures, reference, &c. And your Orator further sheweth unto your Lordship, that the said T. fl. departed this life on or about the day of intestate, and without issue, leaving T. H. of, &c. his only brother and heir at law, and the defendant hereinafter named, him surviving ; whereupon the reversion of the said houses at aforesaid, descended to and became vested in the said T. H. subject to the said two terms aforesaid. And your Orator sheweth, that upon, or soon after the death of the said in- testate, the said T. H. obtained letters of administration of the goods, chattels, personal estate and effects of his said late brother, to be granted to him by and out of the proper Ecclesiastical Court, and, by virtue there- of, hath possessed himself of the personal estate and eflfects of the said nitestate to a considerable amount. And your Orator sheweth, that the said intestate, in his life-time, paid the interest due to your Orator upon the said mortgage, up to the day of , and the arrears of the said annuity up to the of , but the whole of the said principal sum oi £ , together with all interest thereon, from the said day of , now remains due to your said Orator, as well as all the arrears of the said aunuity, from the said day of And 186 BILLS FOR CREDITORS. And your Orator sheweth, that he is a judgment creditor of the said T. H. in respect of the said arrears of the said annuity, by viitue of a warrant of attorney, made and executed by tlie said T. 11. at the time of granting the said annuity, and on which judgment hath been duly entered up by your Orator. Am\ your Orator sheweth, that the said liouses, comprized in the aforesaid mortgage, being an insulticient security, your Orator is advised that he is well entitled to have a sale of the said houses, and to have the produce thereof applied, as far as the same will extend, in payment of the said principal sum of £ and interest, and to be ad- mitted as a specialty creditor against the general assets of the said intes- tate, for the deficiency ; aiid that he is also well entitled to have a value put upon his said ainiuity, and in like manner to have a sale of the said other houses, demised as aforesaid, for the security of the said an- nuity, and to have the produce thereof applied, as far as the same will extend, in satisfaction of the value which shall so be set on the said an- nuity, and of the arrears due thereon, and to be admitted as a judgment creditor against the general assets of the said intestate, in respect of any deficiency. And your Orator sheweth that he hath, by himself and his agents, repeatedly applied to the said T. H. for the purposes aforesaid. And your Orator well hoped, &c. But now, &.c. absolutely refuses so to do. And the said Defendants, at some times, pretends, that the per- sonal estate of the said intestate is small and inconsiderable. Whereas your Orator charges the contrary thereof to be the truth ; and so it would appear, if the said Defendant would set forth, as he ought to do, a full and true account of the said personal estate and effects of the said intes- tate, and of his application thereof. All which, &,c. To the end, &c. And that the said Defendant may answer the premises ; (and that an account may be taken of the principal sura and interest remaining due to your Orator on the aforesaid mortgage security, and that the said mortgaged premises may be sold, and the produce thereof ap- plied, as far as the same will extend, in satisfaction of what shall be •SO found due ; and that your Orator may be admitted as a creditor against the general assets of the said intestate, in respect of the defi- ciency y and that a value may be set upon the said annuity of £ , and that an account may also be taken of the arrears of the said an- nuity, and that the said houses, demised as aforesaid, for the security of the said annuity, may in like manner be soid, and the produce thereof applied, as far as tiie same will extend, in satisfac- tion of the value so set upon the s:iid annuity, and of the said ar- rears, and that your Orator may be admitted as a creditor against th« general assets of the said intestate, in respect of the said deficiency, and that an account may be taken of the said intestate's personal estate and effects, possessed or received by the said Defendant, or by any other person or persons, by his order, or for his use ; and also an account of the said intestate's finieral expenses and just debts, and th.it the said peisoual estate and effects may be applied in pay- ment of what shall remain due to your Orator, in respect of the mat- ters aforesaid, and of the other creditors of the said intestate, in a due course of administration. And for further relief, ike. .1. L. BILLS FOR CREDITORS. 187 Bill hy a Bond Creditor, for Payment out of a Trust Kstatc, devised on Failure of personal Assets^ that Deeds i c'^'c. may he set out. Humbly coniphuning, slievvetli unto your Lordship, your Orator, A. B. a credifyr of tin; rigiit liouorable R. C heretofore of, &c. and late Lord Chief Justice of tlie Conuiiou Pleas in , on behalf of himself, and all other the creditors of the said 1\. C. who shall come in and seek relief by, and contribute to the expense of this suit; that R. C. hav- ing borrowed of, and being indebted unto Plairaiff in the sum of <£ , he, for securing the re-payment thereof, with lawful interest for the same, <1uly executed a certain bond or obligation in writing, bearing date, &c. whereby he bound himself, his heirs, executors, administrators, and as- signs, in the sum of £ , with a condition there under written, for making the same void, on payment by the said R. C. his heirs, &,c. of the said sum of £ , with lawful interest for the same, at a time therein mentioned, and long since past, as in and by, Sec. And your, Slc. that the said R. C. was, in his life-time, and for some time before, and until the time of his death, seized or odierwise well entitled in fee simple, of or to the manor or lordship of E. together with divers mes- suages or tenements, farms, lands, and hereditaments, situate and being within the parishes or townships of E. A. and H.; and also of or to the manors or lordships of A. and W. and divers messuages, farms, lands, tene- ments, and hereditaments, situate and being in the several townships of A. W . B. &c. and elsewhere, in the county of L. of a large value in the whole ; and also possessed of a considerable personal estate and effects. And that the said R. C. being so seized, possessed, or entitled, and being of sound mind, memory, and understanding, duly made and published his last will and testament in writing, bearing date on or about, &,c. and which was executed by him, and attested in such manner as by law is re- quired, for devising and passing real estates ; whereby, after declaring it to be his will and mind, that, &c. (debts and legacies to be first paid out of personalty, and devised inter al. all his manors of A. and VV. to his bro- ther E.G. for life, remainder to trustees ; remainder to his nephew R. C. for life; remainder to trustees ; remainder to the first and other sons of N. C. in strict settlement; remainder to all his nephews successively, for life, and their issue, in tail ; remainder to Testator's own right heirs for ever, devised the manors of E. A. and H. to his said brother E. C. upon trust, to sell or mortgage, in aid of his personalty, surplus to be laid out in lands, and settled to same uses as the manors of A. and VV. and ap- pointed his said brother E. C. and his said nephew R. C. executors of his said will). And your, &c. that tlie said Testator, by a codicil to bis will, annexed, bearing date, Sec. which was also executed and attested, &c. after reciting, &c. as in and by, &c. That the said Testator departed this life on or about, 8cc. without revoking or altering his said will, save by the said codicil, and without revoking or altering the said codicil^, and without leaving any issue, and leaving the said E. C his brother, his heir at law, and the said R. C. now sir R. C. bart., R. C, \^^ C, and L C, him surviving. That Testator was, at the time of his death, indebted unto Plaintiff in the said principal sum of £ upon the aforesaid security, and also to divers 188 EILLS FOR CREDITORS. clivers otlinr persons, upon sundry different securities, to a large amount in the whole. That upon Testator's death E. C. and R. C. duly proved, &c., and by virtue thereof, possessed all the personal estate and effects of or be- longing to Testator at the time of his death, or so much thereof as they were able, to a considerable amonnt in the whole, and which, as is alledged, were very insufficient for the payment of Testator's debts, and all Testator's debts being made a charge upon Testator's estates in E., A., and H., and which were more than sufficient for the payment thereof, and all and most of the said debts being due and owing upon securities, Testator's Executors applied all or the greatest part of Tes- tator's personal estate and effects in the payment of the legacies given by the Testator's will, all of which have been long since paid and satisfied. 'J hat immediately upon or soon after Testator's death E. C. entered upon and took possession of all the real estate whereof Testator died seized of, and continued in possession and receipt of the rents and profits thereof until the time of his death. That E. C. departed this life on or about, &c. leaving the said sir R. C, bart., his eldest son and heir at law, and having first made and published his last will and testament in writing, and thereby appointed his sons, the said R. C. and W. C, two of the nephews and devisees named in the will of Testator R. C, Executors thereof. As in and by, &c. That upon the death of E. C, R, C. and W. C, proved, &c., and by virtue thereof, possessed themselves of all the personal estate and effects, whereof the said E. C. died possessed, to a considerable amount and value in the whole, and more than sufficient for the payment of his debts, parti- cularly to answer and satisfy so much of the personal estate and effects of R. C. as was possessed by E. C. in his life-time, and they have likewise possessed some parts of the specific personal estate and effects of or belonging to the said Testator K. C. That upon the death of E. C. sir R. C, by virtue of said Testator R. C, his uncle, entered upon and took possession of all the said real tstates so devised by will of Testator R. C. as aforesaid, particularly estates and premises at E., A., and H. aforesaid, and he ever since hath been and still is in possession or receipt of the rents and profits thereof. That the whole of said principal sum of £ , with an arrear of interest for the same, still remains due and owing to Plaintiff upon his aforesaid security, and that divers other of the debts due and owing from Testator I?. C, at the time of his death, still remain unpaid. That Plaintiff hadi at several times applied to the said R. C, W. C, and R. C, to pay to Plaintiff the principal and interest due on the aforesaid bond, out of the estate and effects of said R. C, and that divers other applications have also been made unto them by the several other unsatisfied creditors of Testator for payment of their several debts. And Plaintiff and such several other creditors well hoped, &c. But now, iiv.c. sir R. C, \i. C, and VV. C, the trustees and creditors of sir R. C, and the honorable 1. D. S., commonly called lady 1. D. S. com- bining, ijcc. absolutely refuse so to do; and the said R. 0. pretends, that Plaintiff did not lend or advance to the Testator R. C. the aforesaid sura of £ , or any part thereof, and that he nevw executed such bond to BILLS FOR CREDITORS. 189 to Plaintiff, or that the said debt, and all interest due thereon, have hern long since paid and satisfied, and tliat no money is now owing to l*lain- tiff in respect thereof. Charge confvary, and so confi^derate will at other times admit, but then the said sir \\. C, R. C, anil W. C, pre- tend that the personal estate and effects which the saitl R. C. was pos- sessed of or entitled unto, at the time of his death, were but of inconsiderable value in the whole, and that he was indebted to sundry perams to a con- siderable amount ; and that all, or the greatest pait of his p^Msonal estate and effects which have been possessed by sir R. C. and E. C/. in his life- time, or by the said sir R. C. and W. C. since his death, have been paid and applied in a due course of administration, and that no part of Tes- tator's personal estate and effects now remain in their hands undisposed of; and the said R. C. and W. C pretend that the said E C never de- livered in the executorship of the said Testator R. C, and that he never possessed any part of his personal estate or effects ; at other times ad- mitting the contrary to be true, tliey pretend, that the said E. C. was, at the time of his death, indebted to sundry persons in several large sums of money to a considerable amount in the whole, and that the personal estate and effects of the said E. C. were but of inconsiderable value, and that the same have been applied in discharge of such debts, and that only a small part thereof remains undisposed of and not near sufficient to answer Plaintiff's demands thereon. Charge contrarij, and Plaintiff" is advised, and humbly insists, that R. C. and W. C. ought cither to admit assets of E. C. come to their hands or use sufficient to answer Plainltirs demands thereon, or to account for the personal estate and effects of E. C, which have been possessed or received by them, or either of them ; and Plaintiff is also advised, and humbly insists, ti>at if the per- sonal estate and effects of Testator R. C, which have been possessed, or received by, or come to the hands of sir R. 0. or E. C, in his life-time, or of R. C. or VV. C, since his death, should be found insufficient to answer the aforesaid debt due and owing to Plaintiff", and the several other debts due and owing to the rest of the unsatisfied creditors of the said Testator R. C, such deficiency ought to be made good out of his real estate, situate at E., A., and H., by his said will or codicil de- vised to be sold or mortgaged for payment of his debts, in aid of his per- sonal estate, and that the same ought to be sold or mortts owing by the said R. C, at the time of his death, and re- maunng unpaid ; and tliat all such debts or sums of money may be paid out of Testator's personal estate and efllects, in case the same shall be suflicient for the payment thereof; and if the said sir R. C, \\. C, and VV. (^., sliall not ;i(hiiit assets of Testator 1{. C. sufficient to satisfy suth debts, that an account may be taken of the personal estate BILLS FOR CREDITORS. 1^1 estate and effects of Testator R. C, and of the produce, interest, or income tliercof which liave been possessed or received by, or by the order, or for the use of Defendant sir R. C, and of said E. C, in his life-time, and since his death, of Defendants R. C. and W. C. respectively, or any or either of them ; and that such personal estate and effects, and the produce tliereof, may be applied in or towards payment and satisfaction of the said debts, as far as the same will extend in a due course of administrati(jn ; and in case such personal estate and effects of Testator R. C. should be found insufficient for the purposes aforesaid, then that such deficiency may be raised by sale or mortgage of Testator's estate at E., A., and H., in the said county of L., pursuant to the directions of his said will and codicil, or a competent part thereof, and by and out of the rents and profits thereof become due since Testator's death ; and for that purpose that the same estates, or a competent part thereof, may be sold or mortgaged pursuant to his said will, as this honorable Court shall direct, and that all proper or neces- sary parties may join in such sale or mortgage ; and that the money to arise by such sale or mortgage, after payment thereout in the first place, of the money due and owing upon or by virtue of any mort- gages or n)ortgage, or other incumbrances or incumbrance affectiiTg the said premises, if any such there be, together with such rents and profits, may be applied in satisfaction of the remainder of Testator's debts remaining unsatisfied ; and in order thereto that the title deeds and writings relating to the said real estates may be proved, and for the purposes aforesaid, that the rents and profits of the said estates, received by the said E. C. in his life-time, or by Defendant sir R. C. since his death, may be accounted for ; and that the money which shall appear to have been received by the said E. C, for or in respect of the said rents, may be raised and paid out of his said assets, re- ceived by the Defendants R. C. and W. C. ; and if said R. C. and AV. C. shall not admit assets of said E. C. sufficient to answer Plaintiff's aforesaid demands thereon, in respect to the several matters aforesaid, that an account may be taken of the personal estate and effects of the said E. C, at the time of his death, which have beeiL possessed or received by, or by the order, or for the use of said R. C. and W. C, or either of them, and also of his debts ajid funeral expenses. And for further relief. J. S. Bill by Trustees, as Credit orsy against E.vecutor of Debtor ^ who acted as the Receiver of the Rents oj Lands which they held in Trust for the Algebra Lecturer in the Uni- versity of Cambridge. Humbly complaining, &c. A. B. aiid C. D. &c. on behalf of your- selves, and all the creditors of T. P. of, &c. but now deceased, who diall come in, Jk,c. that your Orators, being seized of, or otherwise en- titled i9Q BILLS FOR CREDITOUS. titled to certain lands, tenements, and hereditaments, situate at, &.c. in trust, to pay the annual rents and profits thereof, as a salary to the Algebra Lecturer in the University of Cambridge, appointed the said T. P. to be the manager of the said estates, and the receiver of the rents and profits thereof, at a yearly salary of £ . And your, &,c. that the last ac- count settled by the said T. P. with your Orators, was, in respect of the said estates, up to and upon the balance of such accounts, there w as due for the said T. P. to your Orators, as trustees as aforesaid, the sum of £ . And your, &c. that the said T. P. continued to be the receiver of the rents and profits of the said estates until his death, vhich happened about the month of , and the said T. P. not only received the rents of the said estates, which amounted ta the yearly sum of ic. were prepared to the following purport and effect, after reciting the several resolutions and agreements hereinbefore set forth, it was thereby expressly agreed, that Plaintiffs, and several other persons, whose names and seals were thereunto subscribed, did thereby promise; undertake^ and agree, to and with each other, to do any other ■]98 BILLS 1-OR CREDITORS. Other lawful act whatever for ratifying-, confirming, and establishing the afort'said agreement, terms, and proposals. That Plaintiffs and most of the creditors of the said Plaintiffs W. and J. \V, and particularly said \\ . II. on or soon after the said day of , signed such agreement. That Plaintiffs VV. and J. W. being, at the time of signing said articles of agreement, liable by their acceptance of such bills of exchange drawn on them by said S. as aforesaid, and v\hich bills to the amount of £ had been so accepted for valuable considerations, as Plaintiffs were then indebted to said S. to that amount, but the rest of such bills Avere so accepted without consideration, and only for the honor of said S. and all w hich said bills, as well as those accepted for honor, as those ac- cepted for valuable considerations, said S. H. had negociated and indorsed for valuable considerations, and were then in the hands of divers persons residing in L. and B., a meeting was in the month of ' called and had in L. of the holders of such bills or their agents, in order to settle and compound the same demand on the estate of W. and J. W. and their other creditors by virtue thereof, in the best manner, for the benefit of the estate of VV. and J. VV. That Plaintiffs W.'s, &c. by desire of said inspectors, attended such meeting, and it was thereupon proposed and agreed, that said bill-holders who in person, or by their agents attending said meeting, should be paid after the rate of in the pound on the sums made payable on their re- spective bills, and that such composition should be paid by installments, that is, and in the pound, on, &c. the further sum of and in the pound, on £ , and the remaining and on £ , and that Plaintiff's R. U., Sec. should enter into a joint and several covenant together with Plaintiffs VV.&c.to them, said bill-holders for the due payment thereof in L., and that such composition of , in the pound, to be so paid, should be in full discharge of Plaintiffs W. and J. W. from all demands on them or their estate, under or by virtue of such bills of exchange. That all money made payable by the bills of exchange aforesaid, which were, at the time of said last mentioned meeting, in the hands of persons, who, by themselves, or their agents, attended such meeting, amounted in the whole, to the sum of £ and no more, the rest of such bills having been taken up or discharged by, or by the procurement of said S. And as the composition, after the rate of in the pound on such sum of £ , would amount to £ , which would exceed the sum of £ , which was the whole amoimt of the said bills for acceptance, whereof Plaintiffs VV., &c. have valuable considerations a,s aforesaid, by the sum of £ , the said T. S. agreed, that Plaintiffs, VV. &c. or their assignees, should be creditors on him, said S. for such overplus of £ , and which agreement appeared clearly to be for t|ie mutual advantage of themselves, and the rest of the creditors of Plaintitfs, iSLc. wherefore they consented thereto, and to become security for the payment of the said composition, after the rate of in the pound, to the said bill-holders. That in coijscquence of such agreement by indeuture of four parts^ bearing dale, ts.c, made, &,c. [racUQ indenture.] The BILLS FOR CREDITORS. 199 That I^laintilTs, by several uudertakings in writing, dated, &c. did jointly and severally promise to pay to said several bill-holders, or order, in L. in the pound on said bills, at the days and times aforesaid, and in order to indemnify Plaintiffs against all costs^and charges on account of the said indenture of covenants and undertakings, or any of then), and for raising a finiil, and enabling them to discharge the said in the jjonnd, to the said several bill-holders, pursuant to the said deeds and covenants, as also for the belter collecting and getting in of the said debts and effects of Plaintiffs VV. for the purpose of discharging all the debts owing by them. That said Plaintiffs W. agreed to make a general assignment of all the partJiership debts and effects, and Plaintiffs W. being seized in fee of a warehouse or building, situate, onversation with the said J, D. express to him her intention to make him a present of the said piece of ground, and the said J. D. then pressing your Oratrix to carry this intention into effect, by executing some WTitten agreement, your Oratrix instructed her attorney, !Mr. Al. of , to prepare an agreement, but your Oratrix not ihinkii^g it prudent to part absolutely at that time with her interest in the s-aid piece of ground, directed Mr. M. to insert the sum of ^ as a con- sideration to be paid by the said J. D. to your Oratrix for the purchase of the same, which sum of £ your Oratrix then considered to be above the value of the said piece of ground ; and the said Mr. M. did accordingly prepare an agreement in writing, and in the words and figures, or to the purport and effect following, that is to say, &c. as in and by, &c. And your, &,c. that after the said agreement in writing was prepared by the said Mr. M. and in or about the day of the said J. D. called at the house of the said Mr, M., and the said Mr. M. then read over the said written agreement to the said J. D,, or otherwise informed the said J. D. of the contents thereof, and the said J. 1). there- upon executed the said written agreement in the presence of the said !Mr. M. And your, &.c. that after the said J. D. had executed the said agreement, the said Mr. M. delivered the same unto him, and the said J.D. on the same day brought the said agreement to your Oratrix at her own house, and your Oratrix thereupon also executed the same at the request of the said J. D. And your, &c. that at the time of exe- cuting such agreement as aforesaid, by your Oratrix and the said J. D. it was understood by your Oratrix and the s»id .'. D. notwithstanding the said sum of ^ was mentioned us the consideration of the said agree- ment, in order to retain to your Oratrix a power over the said piece of ground, BILLS TO CANCEL DEEDS, &C. 203 ground, that it was the ulliniate intention of your Oratrix' to make the said J, D. a present of the same. And your, &c. that although the sum of £ was mentioned in the said agreement to have been paid by the said J. D. to youv Oratris, in part of the aforesaid sum of ^^ , yet that in truth no part of the said .t* was ever paid by the said J. D. And your, &c. that alter the making of tlie said written agreement, in- stead of continuing his good otli<.'es and friendship to your Oratrix, in the failh of which your Oratrix had executed tlie said agreement, the said J, D. pretended to have cause of comphiint against your Oratrix, and not only refused all further assistance in the management of her afifairs, but actually caused your Oratrix to be arrested in two separate actions for sums of money which tlie said J. D. had advanced for her use in tlie managemei»t of her concerns, expressly for the purpose of distressing the feelings of your Oratrix, and not from any apprehension that such arrests were necessary for securing the debts due to the said J. D, And your, &c. that upon such conduct on the part of the said J. D. towards your Oratrix, your Oratrix caused application to be made to the said J. D. to carry the aforesaid written agreement into effect, by payment of the said smn of j£ therein mentioned, on having a con- veyance made to him of the said piece of ground, or otherwise to de- liver up the said agreement to be cancelled. And the said J. D. on such applications being made to him by the said Mr. M. on the part of your Oratrix, absolutely refused to pay the said sum of £ , and to carry the said agreement into effect; and the said J. D. then de- clared to the said Mr. M. that as he and your Oratrix were no longer on friendly terms, he did not consider himself entitled to the said piece of ground, and that therefore he waived and relinquished all claim thereto under the aforesaid agreement, and would have nothing further to do widi the said agreement. And your, 8cc. that after the said J. D. bad so waived the said written agreement, your Oratrix agreed with your Orator to sell to him the said piece of ground, together with other parcels of land at B. aforesaid, at or for the price or sum of £ , the price of the said piece of ground being calculated in the said sum of £ at £ ; and afterwards, by indentures of lease and release, bearing date respectively on or about the and days of , and l)y assignment, bearing date tlie said day of , your Oratrix, in consideration of the said sum of £ then in hand paid to your Ora- trix, conveyed, released, and assigned the piece of ground, together with the said other parcels of land, unto your Orator, his heirs, executors, administrators, and assigns, as in and by, &c. And your, &LC. that your Orator and Oratrix have made frequent applications to the said J. D. to deliver up the aforesaid written agreement to be cancelled, with which just and reasonable requests your Orator and Oratrix well hoped. Sec. jBut now, &c. And the said B.W. pretends, that he hath agreed with the said J. D. to purchase the said ground in the aforesaid written agree- ment mentioned, at or for a certain sum of money paid, or to be paid by him to the said J. D. as the consideration for the same, and that he had no notice at the time he so agreed wuh the said J. D. of the cir- cumstances under which the aforesaid agreement was entered into by and between your Oratrix and the said J. D. or diat the said J. D had afterwards waived the agreement; whereas your Orator and Oratrix ex- pressly 204 BILLS TO CANCEL DEEDS, &:C. pressly charge, that the said B. W, in and before the said month of , and from thence hitherto hath been, and still is, the attorney and confidential adviser of the said J. D. in all his affairs, and that he ■well knew from time to tiine the circumstances under which the aforesaid written agreement was entered into, and all that passed respecting the 5ame by and between your Oratrix atid the said J. D. or by and between other persons on their parts and behalfs, and in particular the said B. W. well knew before he made the said pretended purchase of the said J. D. that the aforesaid written agreement was not entered into in consequence of any actual contract between yO!ir Oratrix and the said J. D. respecting the said piece of ground, but merely with a view to your Oratrix's ulti- mate intention to make a present of the said piece of ground to the said J. D. and that the said J. D. had afterwards absolutely waived all claim to the said piece of ground, under the said agreement. And your Orator and Oratrix further charge, that the said B, W. before he niade the said pretended purchase of the said J. D., by the direction of the said J. D. and as his attorney or agent, corresponded with Mr, M. hereinbefore named as the attorney of your Oratrix, on the subject of the said written agreement, and that the said B. W . was then perfectly acquainted with the real nature of the transaction between the parties by the said Mr. M. i\nd your Orator and Oratrix further charge, that if the said B. W. has in fact entered into any agreement with the said J. D. for the purchase of the said piece of ground, yet that no part of the consideration mentioned in such agreement hath ever been really paid, or was meant to be paid by the said B.W. and that such agree- ment was merely colorable, and was meant only to vest a nominal light in the said B. VV., and that the said J. D. was advised by the said B. W, to enter into such a scheme or device to compel your Oratrix to convey the said piece of ground to the said B. W., who was to bold the same as a trustee for the said J. D., and that in truth the said J. D. had totally abandoned all idea of claiming under the aforesaid written agreemeni, until he was otherwise advised by the said B. \\ . And your Orator and Oratrix humbly insist, that they are well entitled to have the aforesaid written agreement, entered into between your Oratrix and the said J.D. delivered up to be cancelled, but nevertheless, under such and the like pretences as aforesaid, the said confederates refuse to deliver up the same. And the said confederates have tiled their bill in this honorable Court, to compel your Oratrix to execute a conveyance of the said piece of ground to the said B.W. All which, &.C. To the end therefore, Sic. And if the said confederates shall pretend that the said B. W. has in fact entered into any agreement with the said J.D. for the purchase of the said piece of ground, then that they may set forth the said agreement and ail the particulars thereof, and when, and where, and with what view the ?iaid agreoinent was entered into, and by vvhoni the same was pre- pared and drawn, and if any part of the consideration is in the said agreenjcnt mentioned to have been paid, then that they may set forth vlun, and where, and in whose presence such part of the said considera- tion was so priid by the said J3. VV. and to >^hom the same was paid, ami •f BILLS TO CANCEL DEEDS, &C. 205 of what the same consisted ; and whether the said sum of £ men- tioned in tlie said agreement to have been paid by the said J. D. to your Oratrix, in part of the said sum of £ , was ever paid ; and if the said J. D. .shall pretend that the said sum of £ was paid by him, then that he may set forth when, where, how, and in wliat manner, and to whom, and in whose presence the same^ and every part thereof, was so paid. Praj/er, And that the sauil confederates nay be compelled to make a complete answer to the several matters aforesaid, and that the said written agreement, so entered into as aforesaid, between your Oratrix and the said J, D. may be decreed to be delivered up to your Oratrix to be cancelled. And further relief, &c- M. Prai/ Subpoena as^ainst X D. and B. W. Bill by Lessee to hane an Agreement delivered up io he cancelled, which assigned aivay the Remainder of his Lease contrary to his Intention, he not being able to read or write; and an Injunction to restrain Action oj' Ejectment, Humbly complaining, shewetli unto your Lordship, your Orator W. A. of, &c. that on or about the day of , a certain indenture of lease was made and duly executed between E, L. then of, &,c, but since deceased, of the one part, and your Orator of the other part, in th«5 words and figures, or to the purport and effect following, that is to say, &c. (sQt out lease in hctc verba) as in and by, &c. And your, iicc. 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 1. H. of, &c. the Defendant Jiereinafter named, became, by purchase or otherwise, seized of or en- titled to the reversion of the said farm and lands, subject to the said lease. And your, &c. 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 years, thereby demised, pursuant to the proviso therein contained, or otherwise, but upon tlie expiration of such years, the said 1. li. proposed to your Orator to enter into a new agreement as to ihe said farm and lands, giving your Orator to understand that the interest of your Orator therein was determined. And the said 1. H. upon that occasion, as he had frequently done before, expressed great friendship for your Orator, and declared that it was his wish and intention that your Orator should continue in possession of his said farm as long as he lived. And your Orator shewelh, that your Orator can neither write nor read, and that your Orator, fully believing that his interest in the said lease was determined, and that the said Defendant, wlio is a mun of fortune, was dealing fairly by 206 BILLS TO CANCEL DEEDS, &C. by your Orator, and was not intending to lake any advantage of him, your Orator consented to enter into the new agreement proposed by the said I. H. and thereupon the said Defendant caused such agreement to be reduced into writing by one M. B. and your Orator set his mark thereto, and such agreement m as in the words and figures, or to the purport and effect following, that is to say, (to remain one year and pay the land tax, which he was not to pay by his lease,) as in and by, &c. And your, &c. that confiding in the said I. II. 's professions of friendship for your Orator, and in his aforesaid dechnations, that it was his wish that your Orator should conthiue in his said farm as long as your Orator lived, your Orator proceeded to expend considerable sums of money in erecting new buildings upon the said fai m and lands, and in other im- provements thereof. And your Orator shewelh, that in or about, &c. the said I. H. informed your Orator that he nnist either pay an advanced rent of ,£ or deliver up possession of the said premises ; and your Orator having refused to comply with such unexpected and unjust de- mand, the said I. H. on or about, &c. caused your Orator to be served with a notice to quit the said farm on the day of . And your, &c. that after he had received the said notice, your Orator having com- plained to one of his relations of the great hardship of being obliged to quit his farm after he had expended so much money in improving it, in consequence of the said Defendant's assurances that your Orator should continue in it during his life, and having in the course of such conversa- tion mentioned his lease from the said E. L., his said relation desired to see that lease, and upon perusing the same, read to your Orator the proviso therein contained, whereby it appeared that the said lease was not to determine at the end of the first years without months previous notice. And your Orator sheweth, that he hath since, by hiirk- self and his agents, repeatedly applied to the said I. H. and requested him to deliver up the said agreement of liie, &.c. to be cancelled, and to confirm the said indenture of lease of the. Sec. and to return to your Orator the land tax which he hath paid in respect of the said farm, since the making of the said agreement, and which he was thereby bound to pay, although he was not to pay it by the said indenture of lease, with "which just and reasonable requests your Orator well hoped, &,c. And the said I. H. in or as of Hilary term last, served your Orator with a declaration in ejectment, in order to obtain possession of the said pre- mises. And the said Defendant at some times pretends, that previous; to the making of the said agreement of the. Sic. the said Defendant had fully explained to your Orator that your Orator was entitled to hold the said premises under the said indenture of lease, until the end of the term of years therein mentioned, and that your Orator was desir- ous to surrender and determine the said lease, whereas your Orator ex- pressly 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 fanumitil the end of the said term of years. And the said Defendajit well knew at the time of making the said agreement of the, cCc. that yom- Orator would not have entered into the same, if he had been aware oi liis lights under the said indenture of lease, and the said Defendant for thai leason concealed from your Orator that lie iiud such fights. And jtuu- BILLS TO CANCEL DEEDS, &C. 207 jour Orator charges, that at the time of making the said agreement, your Orator had not the ml vice or assistance of any person whatsoever, but acted therein according to the suggestions of the said Defeudan», supposing lie meant to be kind towards liim, and would deal fairly by iiim. All which, 2i,c. Prayer. And that the said Defendant may answer the premises. And that the said agreement, bearing date, &c. may be decreed to be delivered up to your Orator to be cancelled ; and that the said Defendant may contirm the said indenture of lease of, &c. ; and that an account may be taken of what your Orator has paid for laud 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 tliat in the mean time the said Defendant may be restrained by the order and injunction of this honorable Court from proceeding in his action of ejectment, and from commencing or prosecuting any other proceedings at law against your Orator for recovering possession of the said premises. And further relief, 8cc. J. L. ^ill to set aside Indentures which cowceyed away an Es- tate absolutely, though they xoere intended to operate only as a Security for a certain Sum of Money. States, that Plaintiff W. C. being entitled to the premises hereinafter mentioned, in reversion, subject to the life estate of E. C. his mother, and having by indentures of lease and release, bearing, &c. the release being made between Plaintiff of the first part, and one R, W. J,C. and one J.S. of the second part; one R. C. and G. R. of the third part, Plaintiff, for the consideration therein mentioned, conveyed the same premises hereinafter mentioned to the said R. C. and G. R. upon trust, out of the rents and profits, or by sale or mortgage, to pay the debts specified, and then to convey the same to Plaintiff. That being at that time in embarrassed circumstances, and having a pressing occasion for a sum of money not less than £ , in order to enable him to obtain a lucrative situation which he had in view, applied to the said R. C. to lend him the same, and offered him security of" the premises comprised in the aforesaid indentures of lease and release, toge- ther with the advantage and emoluments, if he the said R. C. would ad- vance the sum of money to Plaintiff. And the said R. C. instead of complying therewith, informed T. R. one of the bankrupts, the brother of Plaintiff C. the wife of Plaintiff W. C, of such Plaintiffs offer, and advised him to inform T. R. his father and the father of Plaintiff's wife, and to prevail on him to advance or procure the money, in order to prevent W. C. making an imprudent bargain with strangers, to the pre- judice of his wife and family, which the said T. R. the said bankrupt accordingly did. And the said T- R. junior, being hjformed thereof, agreed 208 JBILLS TO CANCEL DEEDS, Si.G. agreed to accommodate Plaintiff", but not having the money, it was pro- posed and agreed that the said T. R. senior, should borrow the money upon his bond from one J. O., and in order to indemnify the said 7\ K. junior, that PlaintiflF should convey to T. R. senior, and T. R. junior, tlie aforesaid premises, subject to the life estate of Plaintiflf's mother, and to the aforementioned charges made therein by the above mentioned deed of, &c. That the said T. R. senior, accordingly borrowed the sum of j£ from the said T. O, ; and T. R. senior, and T. R. junior, by their bond or obligation in writing, made under their hands and seals, became bound to pay the same to the said T. O. And one T. P. H. an attorney, was employed by the said T. R. senior, to prepare the proper instruments for carrying the said agreement into execution. And Plaintiff W.C. hav- ing received said cf , said Mr. H. presented to Plaintiff t\^o instru- ments, which, Plaintiff being ignorant of these matters, and trusting to the said Mr. H., executed. And it is alleged said two instruments are to the purport or effect following, that is to say, (insert the iiidentines) vhich said indentures are in the custody or power of tlie Defendants hereinafter named, or some or one of them. That the meaning, agreement, and intention of the parties to the said instrument of release was, that after payment of the several charges on the premises, or the money to be produced by the sale of the same, that the surplus so limited to the said T»R. senior and T. R. junior should by some other instrument be settled and secured upon Plaintiff W. C. and his family, and that the said T, R. senior and T. R. junior were men- tioned and intended only to be trustees as to the same. And the said Mr, H. at the time the said indentures of the and of were executed, and at other times, informed the parties thereto, or some of them, that the same, amounting to an absolute conveyance, he would prepare some deed to declare the trusts of the said surplus, or to that or the like effect. That in the month of said T. R. senior departed this life, leaving T. R. junior him surviving, whereby the joint estate in the said premises conveyed in the said indentures of the and of sur- vived to the said T. R. junior; and T. R. senior, by his will in writing, appointed E. R. his executrix, and the said E. R. duly proved the saiii will, and is thereby become his personal representative. That said T. R. carried on trade in copartnership with his brother I. R., and that said T. R. and I. R. having become bankrupts, a com- mission under, &c. (state it in the usual icai/) as in and by, tk,c. That no defeazance was executed in the life-time of the said T. R. senior, but that the said T. R. senior, having bequeathed a legacy of £ to Plaintiff S. C. his daughter, and said E. R. for the further advancement, agreeing to give the £, and the aforesaid sum of cf , together with an arrear of interest being due from Plaintiff W.C. to said E. R. executrix of said T. R. senior, together with other sums of money borrowed, and it being at that time apprehended that the whole <>f the interest then due from the Plaintiff W. C. was due to the estate tii'V. \{. senior, it was agreed between said E. R., T. K. junior, and l*jaii)tiff W. C. that they should convey the aforesaid prcmi.'-es to trus- tees, upon the trusts hereinafter mentioned. And by indejiture, bearing date BILLS TO CANCEL DEEDS, &C. 209 date some time in tlie year , Plaintiff W. C, said E. R., and T. R. jnnior, in due form of law conveyed said premises to Plaintiff W. C. and v. VV., upon trust to sell said estate and premises to pay the incumbrances charged thereon by the aforesaid indentures of llie and of , to pay said sum of £ and interest to said 8. R. and to place out the monies arising therefrom upon government or other securities, and pay the interest and dividends thereof to Plaintiff \V. C. during her life, and upon the decease of the survivor to be divided among their children as therein mentioned, as in and by, Svc. That £ of die interest due by Plaintiff \V. C. on the aforesaid sum of ^' was due to said 'P. R. junior, the same having been ad- vanced by him to said T. O. in behalf of Plaintiff W. C, but all the principal, residue, and interest was paid to the said T. O. by the said T. R. senior, or the said E. R. his executrix, and therefore the said sum of £ is due to the said Defendants, the assignees of the estate and effects of the said T. R. junior. That since tlie execution of the said last mentioned deed, Plaintiff" J. C. had intermarried with Plaintiff S. R. That the title deeds of the estate was delivered to Plaintiff I. C. and are now in his possession ; and said Defendants, the assignees of said T. R. and J. 11., insist, that the said estate, by virtue of the aforesaid conveyances of and of , conveyed the property of the said T. R. jun. for his own benefit, and that the same in some other conveyance to the commissioners, vested in them for the benefit of the creditors seek- ing relief under the commission. -And they insist upon the benefit of the said instrument, and have commenced an action of trover against Plaintiff I. C to recover possession of said title deeds. That Plaintiffs are entitled to have said creeds of lease and release of and of cancelled, and the assignees ought not in con- science to proceed in the said action. They have therefore, by them- selves and their agents, applied to said Defendants, the assignees, to de- liver up yaid deeds to be cancelled, and to discontinue the said action, with which reasonable request they ought to have complied, but refuse so to do, alleging that the said conveyance is absolutely unconditional, and that it was not the intention of the parlies that any deed should be executed, eiUier in the nature of a defeazance or of a declaration of trust, but that it was meant that the said T. R. senior, and T. R. junior, should take the surplus for their own use and benefit. Charge, that the said bond debt from T. R. senior and T. R. junior to said I. O. was considered as the debt of W. C, and the said T. R. se- nior enjoined Plaintiff W. C, to pay the interest of it regularly, and in the month of a year's interest, amounting to £ being then due. Plaintiff W. C. gave to T. R. £ , which was all he could then raise towards discharging such interest to the said 1. O. and took a receipt from him, in the words and figures, or to the purport and effect follow- ing, that is to say, See. And as evidence thereof, Plaintiffs further charge, that said T. R. junior made an entry in a book kept by him, which is in the words and figures, or to the purport and effect following, that is to say, &c. Charge, that the book in which the entry is made, is in the proper cistody of the Defendants hereinafter named, or one of them, and as p further 210 BILLS TO CANCEL DEEDS, ^C. further evidence thereof, PlaintifFs further charge, that Plaintiff W. C. being indebted to Messrs. B. and M. of, &c. in £ and upwards, and having paid £ , and being unable to discharge the rest, they were very urgent, and PlaintitT thereupon applied to said T. R.jun. for his sur- plus, and said T. R.jun, sent to said ^Nlessrs. B. and M.or one of them, a note in the words, Sec. which said note was signed by said T. R. sen. and T. R.jun. but said Messrs. B. and M. were dissatistied with the said se- curity, and insisted on a bond, and returned said note to said T. R. juu. and the same is now in the possession, custody, or power of the De- fendants, or some or one of them ; and Plaintitl^", being afterwards very much pushed by said INIessrs. B. and M. for payment of said debt, and said T. R. sen. being dead, and said E. R. his executrix, and T. R. jun. some time in the month, ike. under their hands and seals, executed a bond, bearing, 6cc. in the condition of which, ivc. Charge, that the aforesaid memorandum of the said T. R. sen. upon the receipt given by the said J. O. the aforesaid entry in the said book of account, by the said T. R.jun. and the aforesaid note sent to the said !Messrs. B. and M. and the aforesaid bond given to them, with declara- tions of the trust abovemeulioned, and proved by writing, signed by the parties, by law enabled to declare such trust. Charge, that said T. R. jun. upon some or one of his examinations be- fore the commissioners of bankrupt, explained the above circumstances, in the presence of the assignees; notwithstanding which, they still insist upon the said conveyance of the and , and upou proceed- ing iu their said action against Plaintiti J. C. All which, &.c. Prayer. That the indentures of the and of may be cancelled, and that the said Defendant?, the assignees of the estate and effects of the said bankrupts T. and T. R. may be enjoined from proceed- ing in the said action against J. C. and from commencing or prose- cuting any other action against any other of the Plaintiffs iu respect of any of the matters aforesaid. Bill by Heir at Law to set aside JFill, and Surrender of Copylioldj as obtained by Fraud. Humbly complaining, sheweth unto your Honors, your Orator, S. J. of, ^c. debtor, and accountant, &c. that S. J. your Orator's father, died in the life-time of his father, S. J. the elder, your Orator's grand- father, and that the said S. J. the elder, being of the age of years, sind seized to him and his heirs, according to the custom of the manor of K. in the county of N. of and in, &c. &.c. (act out and describe the estate) and jilso seized of or entitled to other real estates, he the said S. J. the elder, was, on or about Sunday, the, &-C. afflicted with a violent stroke of the palsy, which d( privcd him of the use of his limbs, and also of his speccli, and very much weakened and deranged his mental facul- ties, and ihc said S. J . the elder departed this life on or about the day of following, having coiiliautd, from ike lime of his attack until his EILLS TO CANCEL DEEDS, ScC. 211 his death, in such state of body and mind as aforesaid. And your, &c. that M. G. and W. J. t!ie Defendants hereinafter named, l)ad intermar- ried with the two daughters of the said S. J. the ehler, and that the said two daughters of your Orator's father were the only children of the said S. J. and that your Orator, being the only son of his father, became, and was, upon the deatii of the said S. .1. the elder, his heir at law. And your, &.C. that at the time the said S. J. the elder was afthcted with suck paralytic stroke as aforesaid, the said M. G. and his wife resided in the house of the said S. J. the elder, and immediately thereupon the said M. G. sent for the said W. J. who resided in the same village of K. afore- said, and the said VV. J. ; and the said iSl. G. having been informed by 111. S. of, &,c. surgeon and apothecary, who attended for the purpose of medical assistance to the said S. J. the elder, that the said S. J. was not likely to recover from the said attack, the said W. J. and M. G. prepared a written paper, purporting to be a surrender of the copyhold premises aforesaid, with the ap}>urtenances, into the hands of J. G. and J. R. third boroughs of the said manor of K. to the use and behoof of Uje said W. Jj his heirs and assigns for ever, as in and by, &c- And your, &c. that the said W. J. and M. G. on the day after the said S. J. the elder had been so afflicted with such paralytic stroke as aforesaid, caused the said J. G. and J. K. to come to the house of the said S.J. and then and there, in their presence, guided the hand of the said S. J. to make a mark to the written paper, purporting to be such surrender as aforesaid, the said S. J. the elder, who had been accustomed to write a fair and good hand^ being, at the time such mark was so made to the said paper, in his bed, in the extremity of illness, and incapable of writing or of speaking intelli- gibly, and utterly ignorant of or unable to comprehend the contents of the paper, which he was so made to execute; and the said M. G. and W. J, then well knowing or believing that the said S. J. was in imminent danger of death. And your, &.c. that after the said S. J. had been made to exe- cute the said surrender, in manner aforesaid, the said W. J. and M. G. instructed W. IM. who was a schoolmaster in the village of, 6cc. to pre- pare a written paper, purporting to be the will of the said S. J. the elder, whereby it was stated that the said S. J. the elder gave and devised, &c. (to said Defendants to pay the interest of £ , and then divided equally between them and Plaintiff), as in and by, &.c. And your, &c, that on or about, &c. being liie sixth day from that on which the said S. J. the elder was afflicted with such paralytic stroke as aforesaid, and the day before his deatli the said VV. J. and M. G. caused three persons to attend as witnesses at the house of the said S. J. and, in their presence, guided the hand of the said S. J. to mark to the said written paper, purporting to be a will, the said S. J., then being in his bed. and unable to write or to speak, so as to be understood, and ignorant or incapable of comprehending the contents of the said written paper, and in the extre- mity of illness. And your, &.c. that after the death of the said S. J the elder, the said M. G. and W. J. proved the first mentioned paper, signed by the mark of the said S. J. as aforesaid, to be presented to the jury at a court of the said manor of K. as a surrender by the said S. J. of the said one-fourth of one yardland (about 40 acres) of copyhold land, and by vir- tue thereof, the said W. J. was afterwards admitted thereto, to hold the same to him and his heirs, according to the custom of the said manor ; F 2 and 212 BILLS TO CANCEL DEEDS, &C- and the said W. J. hath, from the death of the said S. J. been, and now is in the possession of the said one-fourth of one yardland copvlioUi land, or in the receipt of the rents and profits thereof, and hath divided the said rents and profits with the said M.C or hath other- wise made to the said M. G. some compensation for assisting him in such fraud and practise upon the said S. J. the elder, as afore- said. i\nd your, &c. that upon the death of die said S.J. die elder, the said W. J. and M. G. also entered into the possession of the said copyhold house and premises at K. aforesaid, and of all other the real estate of the said S. J. the elder, or into the receipt of tlie rents and profits thereof, and continued in such possession or receipt until your Orator attained his age of twenty-one years, which happened on or about the, &.C. And the said W. J. and jNI. G. during the minority of your Orator, apjWied but a very small part of the protits of the said house, and other estates, in the education, or for the use of your Orator, and the rest thereof they applied, as they pretend, pursuant to the trusts of the said pretended will of the said S. J. the elder. And your, &.c. that, upon the death of the said S. J. the elder, the said W.J. and M. G. possessed themselves of the personal estate and effects of the said S. J. the elder, to a very considerable amount, under pretence that the said S. J. the elder had made a valid and effectual will of such personal estate, and had ap- pointed the said W. J. and M. G. the executors thereof; and the said AV^ J. and M. G. have also possessed themselves of all and every the books and papers of the said S. J. the elder, and of die title-deeds of his real and other estates. And your, &.c. that the said S. J. the elder, in his life-time, mortgaged the said copyhold house and premises in which he resided at K. for the sum of £ , and that the said mortgage remained charged thereon at die death of the said S. J. the elder, and still remains charged thereon, not having been discharged and satisfied out of the per- sonal estate of the said S. J. the elder, by the said W. J. and M. G. as it ought to have been. And your, SvC. that the said M. J . the wife of the said \V. J, and A. G. the wife of the said M. G. were the only surviving children of the said S. J. the elder, at the time of his death; and your Orator and his sister, the aforesaid E. J. were, at the time of the death of the said S. J. the elder the only surviving children of any deceased child of the said S. J. the eUler, and that the said M. J. and A. G. or their said hu.'ibands, in their rights, were, upon the death of the said S.J. the tick r, if he died intestate, as to his personal estate, entitled each to one- third of the residue of such estate, after payment of his funeral expenses and debts ; and that your Orator and his said sister, as representing their deceased parent, were entitleil to the other one-diiid of such residuary estate, in equal moieties. And your, &,c. that inasmuch as the said pre- tended surrender oillic said oiie-lourth of one yardland copyhold land by the said S.J. die elder, and also the said pretended will ol die said S. J. the elder, were made and executed by such frautl and practice of the said ]NJ. J. and JNI. Ci. as Ik reinbelorc staled ; that for and notwithstanding the same, ihesaidcopyhokl premi.'^es, and all other the real estate of the said S. J. the elder, uponhis dead), descended and became vested in your Ora- tor, as his heir at law. Anil your Orator hath made freijuent applications to the said \\ . J. and M. (i. to deliver up the possession of the said top\liold and other real (states to your Orator, and to come to a just and true aecuunt with iiiiii fur the rents and profits thereof respectively, which BILLS TO CANCEL DEEDS, &C. SI'S Mliicb have been received by tbeni, or either of them, since the death of the said S. J. the elder, and also out of the personal estate of S. J. the elder, to satisfy and dischaige the said m >rtgage for £ . And yonr Orator bath also requested them to come to :; just and true account with your Orator for his one-sixth sbare of the lesiduary personal estate of the said S. J. the elder; or if it shall appear that the said S. J. the elder made any valid or effectual will of his personal estate, and that the said W. J. and JNl. G. are the executors thereof, tlien that the said Defendants would account with yonr Orator for such part or share of the personal estate of the said S. J. the elder, as your ()rator should be entitled, under such will, with which just and reasonable requests your Orator well hoped the said W. J. and IM.G. would respectively have complied, as in justice and equity they ouglit to do. But now, Scc. absolutely refuse to do. And the said VV. J. and M. G. pretend, that the said'^surrender, and the said pretended will, were prepared by the express direction of the said S. J. the elder, and from bis own notion, and not from the instructions, or by the suggestions of the said Defendants, or either of them, and that, after the same were prepared, be read the same over, or the same were read over to him faithfully, previous to his execution thereof respec- tively ; and that he executed the same respectively of bis own notion, and not by the influence or the compulsion of the said Defendants, or either of tiiem, or by their contrivance, or with full knowledge and clear apprehension of the contents and effects thereof. Whereas your Orator expressly charges, that at the times the said instruments were respectively prepared, the said S. J. the elder had not power of body or mind to con- verse or decide upon matters of business ; nor to express himself intelli- gibly upon any subject of business, and that the said instruments were either prepared by the said Defendants, or by .their direction, or at their suggestion, and not upon the notion or suggestion of the said S. J. the elder. And that after the same were respectively prepared, and previous to the execution thereof, the said S. J. the elder was utterly incai)ab]e of reading them, and that the same, previous to the execution thereof, were never read to or in the pi^esence of the said S. J. the elder ; or that if the same, or either of them, were so read, they were read falsely and unfaith- fully, and as and for instruments of a different purport and efFect, as the said S. J. the elder had not, at the time or times of such reading respec- tively, power of body or mind to hear or apprehend the contents and ef- fects tiiereof. And your Orator further charges, that at the times of the execution thereof respectively, in manner atoresaid, the said S. J. ihe elder had not power of mind to know and comprehend the contents and effect thereof, nor did know or comprehend the contents and effect there- of, arid tbat the same were not executed from his own notion, and of his own iiGQ will, but by the suggestion, compulsion, or contrivance of the said Defendants, or one of them. And your Orator further charges, that the said E. S. who attended the said S. J. the elder, in his illnes^■, and the said W. M. who drew the said pretended will, and also the said J. G. and J. R. who attended as aforesaid, to receive the said pretended surrender, and the subscribing witnesses to the said pretended will, or some of them, represented to the said Defendants that the said S. J. the elder was not in a lit state of mind or body to act in matters of business ^n(\ remonstrated with the said Defeudanls upon the inipropriety of such instruments 214 BILLS TO CANCEL DEEDS, &C. instruments being prepared or executed. And the said Defendants also pretend, that the said S.J. the elder, before he was afflicted with such paralytic stroke as aforesaid, had contracted and agreed with the said VV. J. to sell to him the said copyhold premises at or for the price of j£ , and that the said W. J.nad actually, before such illness, paid the said sum of money to the said S. J, the elder, for and in respect of such surrender ; whereas your Orator charges that no such contract or agreement ever was made by the said S. J. the elder; nor did the said W.J. ever pay any sum of money whatsoever to the said S.J. tiie elder, in respect of the purchaseof the said copyhold premises; and, as evidence thereof, your Orator charges that the said S.J. the elder never consulted with any- professional or other person as to the value of the said premises, and no contract or agreement for the sale of the said copyhold premises lo the said W. J. was ever reouced into writing, or signed by the said S. J. the elder; nor is any memorandum of such agreement, or any entry or writ- ing respecting the same, or the receipt of any sum of money in respect thereof, to be found in the books, or amongst the papers of the said S. J. the elder, in his hand-writing. And your Orator further charges, that no memorandum or entry respecting such agreement, nor any entry of any such payment having been made for the purchase-money thereof, or any part tiiereof, is to be found iu the books of the said W. J. except Such memorandum or entry as the said W. J. may have made therein since the j-aid S.J. the elder was afflicted with such paralytic stroke as aforesaid. And the said Defendant E. J. the sister of your Orator, pretends that the said copyhold house, with the appurtenances at K. was well devised by the said S. J. by «uch pretended will as aforesaid ; and that your Orator is not entitled to have the mortgage thereon discharged and satisfied out of the personal estate of the said S. J. the elder. All which, &c. And if the said W. J. shall pretend that the said S. J. the elder had contracted and agreed v% ith him to sell the said one-fourth of said yardland copyhold land, then that the said W.J. may set forth when and where such contract was made, and w4io was present at the making thereof, and uh3/, and for what reason, the said S. J. the elder became willing to sell tlie said copyhold land, and when and where, and in whose presence die purchase-money of the same, or any part or parts thereof, was or were paid by the said VV. S. to the said S. J. the elder. And that tlie said Defendants may answer the premises. And diat it may be declared that the said pretended surrender of the said one- fourth of die yardland of copyhold land by the said S. J. the elder is void, and of no effect ; and that U>e same, upon the death of the S. J. the elder, descended to your Orator as his heir at law, or that the said VV. J. by the said surrender, or by his subsequent admis- sion to the said copyhold premises, became, and is a Trustee there- of for your (Orator, as such heir at law ; and that die said VV. J. may be decreed lo deliver up the said pretended surrender to be can- celled, and also to dehver up the possession of the said one-fourUi of BILLS TO CANCEL DEEDS, &C. 215 of one yardland of the said copyhold land to your Orator, and, if ne- cessary, to surrender ihe said copyhold land to the use of your Ora- tor and his heirs, and to come to an account for tiie rents and profits thereof received by the said W. J. or byliis order, or for his use, since the death of the said S. J. and to pay over to your Orator what shall be found due from him upon the takini^ of such account ; and that an issue may be directed to try whether the freehold estates of the said S. J. the elder were well devised by him, or descended to your Orator, as his heir at law ; and if it shall be found ihat the said last mentioned estates descended to your Orator, as the heir at law of the said S. J. the elder, then that the said VV. J. and M. G. may be directed to deliver up the said pretended will to your Orator, to be cancelled ; and also to deliver up to your Orator all the deeds and other writings relatmg to the said estate, and to come to an account for the rents and profits of the said estates, which have, since the death of the said S. J. the elder, been received by them, or eiriier of them, or by their, or either of their order, or for their, or either of their use, and to pay over to your Orator what shall be found due to him upon the taking of such account ; and that an account may also be taken of the personal estate and effects of the said S. J. the elder, come to the hands of the said Defendants, or either of them, and also an account of his funeral expenses and debts, and that the said Defendants may be directed, in the first place, by and out of such personal estate, to satisfy and pay the said mortgage for £ , charged on the said freehold estates, and all interest due thereon ; and if it shall appear that the said S. J. the elder died in- testate, then that the said Defendants may be directed to pay over to your Orator one-sixth part of the clear residue of the personal estate of the said S. J. the elder ; or if it shall appear that the said S.J. made any valid will of his personal estates, that the said De- fendants may be decreed to pay to your Orator such part or share thereof as he shall be entitled to by the provisions of such will. And for further relief. W. J. Bill by a JVidoxv to have a Bond dclwered up, which her Husband had given to his Fat her ^ charging that it was meant as a Security for a Return of Part of the For- tune which Defendant had pretended to give him on his Marriage. States, that on, 8cc. a marriage was in contemplation, and intended to be •olemnized between Plaintiff and D. L. that it was thereupon proposed and agreed between the friends of Plaintiff and Defendant, M. L. the father of D. L. that the Defendant should convey and assure unto D. L. certain lands, &,c. of which he was then seized in fee, and whioli, together with Plaintiff's real and personal estate, should be settled in manner be- tween the said parties agreed upon. That in pursuance of agreement, certain lands of Defendant, together with 216 BILLS TO CANCEL DEEDS, ScC. with Plaintiff's real and personal estate, were, by indentures of lease and release, bearing date, &c. to the uses, upon the trusts, and in manner in that behalf agreed upon between the parties. That at the time of the execution of the settlement, D. L. was pre- vailed upon by Defendant, his father, to execute some instrument in writ- ing, which Plaintiff hath since discovered to be a bond or obligation in writing, dated, 5cc. (afates it.) That D. L. never received or was paid any consideration whatsoever from Defendant for the aforesaid instrument or bond, or for executing same, but the same was executed by him as an inducement for Defend- ant to consent to make such settlement as aforesaid of his said estates, and in consequence of some private agreement made between them, upon the occasion of the said marriage, Defendant having required and in- sisted upon having the same executed, as the terms and conditions on which he would consent and agree to make such settlement of his estate as aforesaid, in favour of his said son and Plaintiff'; and said bond was moreover given and executed by D. L. without the knowledge or privity of Plaintiff, or any of her relations or friends, from whom the same was industriously and designedly conccsled. That marriage was had and solemnized — death of D. L. leaving Plain- lift his widow, who hath administered to him. That bond having been given by D. L. upon the occasion aforesaid, and without any good or valuable consideration, Plaintiff hoped no claim or demand would have been made on the estate of D. L. in respect thereof. But now, 3cc. Pretend, said bond was executed by D. L. for securing the repayment of the sum of ^ to Defendant, and that such sum was by him actually lent and advanced to D. L. or that said bond was given for securing the payment of some debt or sums of nioney aclnally and bona Jide due from D. L. to Defendant, or for some other good and valuable considera- tion, but the particulars of w hich such debts or consideration consisted, or when, where, or in whose presence such consideration was given or paid, or how, or in what manner, such debt arose, or became due, Defendant refuses to discover or set forth. Charge contrary, and that Defendant never paid or gave, nor did D. L. ever receive any consideration whatsoever for the said bond, nor was D. L. at the time of the execution thereof, indebted unto Defendant in any sum of money whatsoever. Charge, that bond was extorted from D. L. and he was prevailed upon to execute the same upon the account of the said marriage, or the execu- tion of the said settlement ; and some short time previous to, and in con- templation of said marriage with Plaintiff, as a security for and in order to compel him to repay to Defendant the sum of £ , in part of the fortune which Defendant had pretended to give his son on his said mar- ria<;e, and the same was done with a view to deceive and impose upon I'laintiff and her friends, who would not (as Defendant well knows and belit ve'-j have consented to such marriage, had they known, suspected, or l»elievefl that JJ(;ffndant would not give his said son so large a fortune as |jy the said settlement he pretended to give to him, or liiat any part of .vuch fortune was to be repaid to him, or any security to be by him taken from the said D. L. for the re-pu)ment of the same, or any part thereof, and BILLS TO CANCEL DEEi:),S, &C. 2lf and therefore said bond was a fraud upon the agreement made between the parlies upon the occasion of llie said marriage. Charge, that Dei'endant was so well convinced, after the said bond was j?iven, that he could not support any claim or demand against D. L. in respect thereof, that from the time of the dale thereof, until the time of the death of D. L. J)efeudant never called upon him to pay any sum of money whatsoever, in discharge, either of the principal or interest due thereon, and that it vvns not till after the death of D. L. that he made any demand on Plaintiff of the money pretended to be due on said bond, when Defendant imagined it would be difficult to controvert such claim ; and charge, that after he had made such demantl on Plaintiff as aforesaid, and which was on or about, Scc. on being informed by Plaintiff, that for the reasons aforesaid, amongst others, she did not consider herself liable to pay, or that she should be justified in paying such debt. Defendant ac- quiesced therein, and never made any demand upon Plaintiff, or took any measures to recover the same until on or about, Sic. ; and therefore Plaintiff insists, that in case the said bond had been originally good and valid, and given for a good and valuable consideration (but which Plaintiff' doth not admit), siud bond ought, at this distance of time, without pay- ment of or demand for principal or interest, secured thereby, to b.e pre- sumed to be salistied ; and that Defendant ought not now to be at liberty to set up the same, or to avail himself thereof. Charge, that Defendant would not have neglected, for so long a time, to call for or require payment of said bond, or of the money secured there- by^ but he imagined that he could have compelled the payment thereof. Charge, that Defendant was, in the life-time of D. L. and since his decease, frequently in want, and often distressed, for money; and there- tore, for the reasons, and niuler the circumstances aforesaid, Plaintiff is advised, and insists that said bond ought to be delivered up to be can- ceiled. But Defendant insists on the contrary, and he hath lately commenced an action at law against Plaintiff, as the administratrix and personal representative of D. L. in his Majesty's Court of King's IJench, at West- minster, on the aforesaid bond ; and he threatens to proceed to judgment and execution therein, well knowing that Plaintiff" cannot make a good defence at law to the said action. N. B. The prayer will be, that the bond sliall be delivered up, and an injunction to stay proceedings at law. Bill to have a Bond delivej^ed up to he cancelled^ ivhick xvas obtained by Misrepresentation, and Injunction from proceeding on the said Bond. Humbly complaining, shew unto your Lordship, your Orators I. L. of, ifcc. farmer, and I. L. jun. of, &c. the son of your Orator I. L. that r. C. late of, &c. but now deceased, and who was a coach-master, and also a farmer, did, in or about the beginning of the year dispose of part of his business as a coachmaster, and also his stage-horses to your Orator 1. L. jun. for the sum of £ . And your Orators shew, that 218 BILLS TO CANCEL DEEDS, &C. that the said T. C. then occupied farms, at, 8i.c. which were the pro- perty of F. S. ; and the said T. C. represented to your said Orator, that he was entitled to the said farms, for the residue of a term of years, commencing, as to the meadow-land, at Christmas , and as to the rest of the premises, at Candlemas , at the annual rent of £ . And the said T. C. proposed to sell his said interest in the said farms to your said Orator, for the residue of the said term of years, at the price of £ . And your Orators shew, that your said Orator I. L. jun. thereupon agreed with the said T. C. to purchase his said interest in the said farms, for the said sum of £ ; and your said Orator not being prepared to pay the money, it was further agreed between them, that your Orator I. L. should join your Orator I. L. jun. in a bond for securing the said sum of £ to the said T. C. And your Orators shew, that ISlr. H. the attorney of the said T. G. hav- ing by his directions prepared a common money-bond, from your Orators to him the said T. C. for the payment of the said sum of £ , and interest, your Orator I. L. objected thereto, and desired to have the transaction stated in the bond, to which the said T. C. answered, that it mattered nothing between them, but your said Orator not being satisfied with ^:ich answer, desired the said Mr. H. to make a minute in writing of the consideration for which the bond was really given as aforesaid, and the said Mr. H. accordingly made such minute in writing, with the con- sent of the said T. C. and then read the same over to your Orators, and the said T. C. who, upon hearing it, observed, that it was perfectly right, and your Orators then executed the said bond, which bears date, in or about the month of . And your, &c. that upon the exe- cution of the said bond, your Orators entered into the occupation of the said farms, and have ever since occupied the same, but the said T. C. never made or executed any actual assignment of his said pretended interest therein, to your Orators, or either of them. And your, &.c. that the said T. C. some time in the month of , departed this life, having first duly made and published his last will and testament in writing, and thereof appointed E.T. of, &.c. and A. G. of, S:c. the Defendants hereinafter named, executors of his will, who thereupon duly proved the same in the proper Ecclesiastical Court, and undertook the executorship thereof, and thereby became his legal personal representa- tives. And your Orators shew, tliat in the month of last, the said E. T. as steward of the said F. S. served your Orators with a notice to quit the said farms, at the end of the then current year, insisting, as the fact appears to be, that the said T. C. was only tenant from year to year of the said farms, and had no power to dispose of the same to your Orators, for the residue of the said term of years. And your Orators shew, that the said bond for £ and interest having therefore been given by your Orators to the said T. C. without consideration, and by reason of the false representations of die said T. C that he had such interest in the said farms as aforesaid, your Orators have, by them- selvcb and their agents, repeatedly applied to the said E. T. and A. G. and have requested them to deliver up to your Orators the aforesaid bond to be cau(:i:ll( d. And your Orators well hoped, Scc. And alUiough the baid Defendants well know that the said bond was given by your Orators BILLS TO CANCEL DEEDS, &C. 219 Orators as a consideration for the supposed interest of the said T. C. in the said farms, for the residue of the said term of years, yet Defendants have lately commenced an action at law in his Majesty's Court of K. B. by special testatum capias upon the said bond, and have caused your Orators to be held to bail thereon, and the said Defendants tiireaten, and intend to proceed to judgment and execution on the said bond, unless they are restrained therefrom by the injunction of this honor- able Court, 'i'o die end therefore, &;c. J. L. >f.B. The prayer will be, for the bond to be delivered up, and au injunction to rt^strain proceedings at law. t»% SECT. 220 SECT. XIII. BILLS FOR COPYHOLDS. Ill the Exchequer, Sill to ascertain the Boicndaries of a Manors and for an Injunctio7i to restrain DeJ'eiidant from cutting down Trees therein. Humbly coniplainlnof, sliewetli unto your Honors, your Orator E. H. of T. in the county of G., gentleman, debtor, &c. that your Orator now is, and for some time hath been, and his ancestors for many years have been seized in fee of the manor or lordship of S. in the parish of S. in the said county of G. together with all waifs and estrays, and all other the rights, royalties, members, and appurtenances thereto belonging or appertaining, and particularly to all the timber and trees, standing and growing upon all the lands, parcel of the said manor or lordship. x\nd your Orator further sheweth, that the right honorable F. A. earl of B. now is, or claims, and for many years hath been, or claimed to l)e, and his ancestors for manv years have bcLMi, or claimed to be seized in fee of the manors or lordships of B. C. and !>. adjoining to the said manor of S. in the said county of G. together with all the rights, royalties, members, and appurtenances thereto respectively belonging or appertaining, and particularly to all the timber and trees standing and growing upon all the lands, parcel of the said last-mentioned manors or lordships respectively. And your Orators further sheweth, that the said earl of B. hath lately, without the knowledge, privily, consent, or approbation of your Orator, felled and cut down, or caused to be felled and cut doun, a certain tree, which was standing and growing in the said parish of S. and upon part of the lauds, parcel of the said manor or lordship of S. and which said tree belonged to your Orator as lord of the said manor of S. But the said earl of H. sold, for a large sum of money, which he received, or else he converted and disposed of the said tree to and for his own, use and benelit, under a pretence., that the same was standing and grow ing upon part of the lands, parcel of the said manors or lordships of B. C and B. or some, or one of them, or upon part of the lands, parcel of souu^ other jiianors or manor, of or belonging to him, the said earl. And your Oiator further sheweth, that the boundaries of the said manors or lordships of B. C. and B. respectively, and of such other manors or manor, of or be- longing to th(.' said estate as aforesaid, and also ihe boundaries of the .♦aid manor of S. have, bv great lerimh of time, and divers circumstances and accidents, been so obscured and confounded, that your Orator cannot ascertain tlie boundaries of the said m;iuor of S. or distinguish the same from the boiui(iaii<;s of the said manors of some other manors ot the said earl of IJ. l>ut the said earl of 15. from divers deeds and writings, maps, j)lai;«, terriers, (an ancient land-roll, or survey of lauds,) books, and papi rs in his custody or power, and otherwise is able, and can as- < trtaiu and distinguish the same, aiui the boundaries thereof respec- tively, and whether anv, and what paits or part in particular of the Kaid parish ol S. aj)p<. I tain-., or belongs to the said manors or lordships of BILLS FOR COPYHOLDS. 221 pf B. C. and B. or to any, and wliich of them respectively, or to any other, and what manors or manor in particular, of, or belonging to him the said earl ; however, the said earl refust^s to ascertain the same. And your Orator charges, that the same cannot be ascertained without the assistance of this hon jrable court. And your Orator further charges, that when tiie said tree was cut down, your Orator asked the agent of the said earl, whether, if your Orator brought an action for the same, or for the trespass committed by cutting the same, and succeeded therein, said earl would decline committing any further trespass, and such agent answered, that said earl would, time after time, commit acts of trespass, and try the boundaries of your Orator's said manor, inch by inch, or to tiiat effect, and he was directed, or authorised, or encouraged by the said earl to say so, or the said earl approved of what he so said when he heard thereof. And your Orator changes, that it is impossible to ascertain the boundaries of your Orator's said manor at law, or at least, without a great multiplicity of actions. And your Orator also charges, that the said earl now has, or lately had in his custody or power, several deeds and writings which shew, describe, and ascertain the said manors or lordships of B.C. and B. respectively, and the said other manors or manor, of or be- longing to him the said earl as aforesaid, and the boundaries thereof re- spectively, and also the boundaries of the said manor or lordship of S. and which would clearlv distiniiuish the same, and shew the extent of each of them, and whether any, and what parts or part m particular of the said parish of S. appertain or belong to tliesaid manors or lordships of B. C. and B. or to any and which of them respectively, or to any other and what manors or manor in particular, of, or belonging to him the said earl, if he would produce the same to your Orator, but which he abso- lutely refuses to do, although he hath been repeatedly applied to for that purpose, by and on the behalf of your Orator. All which, ik-c. Prayer^ And that the said earl may answer the several matters aforesaid; and that the said manor or lordship, and the boundaries thereof, may be distinguished and ascertained. And that a commission or commis- sions may issue out and under the seal of this honorable Court, directed to commissioners, for the distinguishing and ascertaining the same. And that all proper directions may be given relating thereto. And that the said earl, his servants, and workmen, may be restrained by the injunction of this honorable Court, from felling or cutting down, or causing to be felled and cut down, any timber or trees, standing and growing in the said parish of S. and particularly upon all or any of Uie lands, parcel of the said manor or lordship of S. and from committing any waste or spoil therein or thereon. And for general relief, &c. R.R. Praj/er for a Letter JlHsshe. May it please your Honors, the premises considered, to grant unto your Orator, your Honors letters missive, to be directed to the said earl of B. thereby 222 BILLS FOR COPYHOLDS. B. thereby requiring him to appear to, and answer your Orator, and also his jSIajesty's most gracious writ or writs of injunction issuing out of and under the seal of this honorable Court, to restrain the said earl of B. from proceeding in the premises, touching any of the matters in question. -And then and there, full, true, direct, and perfect answer 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. And your Orator shall ever pray. Bill by a Lord of a Manor ^ for the Discovery and Pay- ment of a Customary Rent of an Acre, Cliarging, that the Boundaries of the Lands subject, are not dis- tinguished. States, that Plaintiff is, and for the space of years past hath been, seized in fee, or of some good estate of inheritance, of, or well eu-^ titled unto the manor of S. in the county of with the appurte- nances, and of or to divers lands and tenements, and various rents and services thereto belonging and incident. That there are divers freehold lands and tenements, situate in the several hundreds of A. B. and C. which are, and from time immemorial have been, situate within, and holden of the said manor of S. in respect of which lands and tenements a certain ancient yearly rent of an acre, called cuUyer-rent, is, and from time immemorial hath been payable, and ought to have been paid on ISlichaelmas day in each year, by tlie respec- tive owners thereof, to the lord of the s;iirl manor for the time being. That it is, and from time immen)orial lialh been customary for the lord of the f^aid manor for the time, or his steward, to keep or hold a court-leet and court-baron, within and for the said manor, on yearly, at which a freeholder is appointed culiyer, to collect the said customary payment of an acre, and to pay the same to the said lord or his steward. That a great part of the said rent of an acre, has accordingly from time to time been paid by the respective freeholders of the said hundreds, for die lands by them respectively holden of the said manor. 'i'hat the Defendant, during all the time that Plaintiff liatii been seized of, or entilled to the said manor, hath bet-n, and now is seized of, or well entitled to the fieeliold messuage and pieces or parcels of land and tene- ments hereinafter menlioncd, (that is to say), &.c. all which are situate in the said lunidrcds of A. and are in the tenure or occupation of Defendant, or of some person or persons holding the same of him, and all which j)remises, with the appurtenances, now are, and always have been holden of the saiil manor of S. under the said yearly rent of an acre, payable at Michatlmas-day in each year, according to the old stile; and such rent was duly paid ff)r the said premises, to, or for the use of the lords of the uaid manor for liie time being, until IMaintiff became seized thereof, or tiititlcd thereto. I5ul that ever since, that Plaintiff has been so seized of, or entitled to the .said manor, the said Defendant lialh from lime to timo neslecltd BILLS FOR COPYHOLDS. S23 neglected or omitted to pay the said yearly rent to Plaintiff, but Defen- dant is seized of, or entitled to divers other lands and hereditaments withia the said hundicd of A. besides those hereinbefore mentioned, and in respect of which, no cul!ycr-:ent is dne or payable to the said lord of the manor of S. And Plaintiff, by reason of the neglect of former stewards or bailififs of the said manor, is nnable to distinguish the said lands, ill respect of which the said cul Iyer-rent is payable, from the other lands of the said Defendant, of which no such rent is payable. But Plaintiff being well entitled as aforesaid, hath applied to Defendant, and requested him to pay what is due from him to Plaiutitif", for the arrears of the said rent, in respect of the said premises belonging to him, for which the said rent is payable, and to discover to him which are the particular lands Jiable or subject to the payment of the said rent. And Plaintiff well hoped, 8wC. But now, &c. Pretends, that the said premises before specified, are not, nor ever were holden of the said manor of S. or subject to such yearly rent as is above stated, or any other rent. Pretends, some part only of the said premises, or that some other lands or tenements which belongs to him, has or have been, and is, or are, holden of the said manor, but what such part is, or what such other lands are, he refuses to discover. Pretends, that no cullyer-rent, or other rent, has been paid for a great length of time past, to, or for the use of the said lord oi the said manor, for or in respect of any lands or tenements belonging to him, within the said manor, and that therefore, the same is not now payable^ and that Plaintiff cannot insist on the payment thereof. Charge, that the premises before specified, or the greatest part thereof, have or has always been, and now are, or is holden of Plaintifi's said manor, and under or subject to the said yearly rent of an acre, or some such rent, and thpt such yearly rent was always heretofore paid for the same, by or on the behalf of the owner of the said premises, or such part thereof, for the time being, to the use of the lord of the said manor for the time being, and continued to be so paid, until the time that Plaintiff became lord of the said manor, or thereabout. That M. A. deceased, under whom the Defendant became seized of or entitled to the said premises, as his immediate successor, or in suc- cession to some other peiSon or persons, who was or were in the pos- session of the said premises between the time M. A. was last seized and the time when Defendant was first seized of, or entitled to the said premises, and who also paid die said rent in his life-time and to the time of his death, and that Defendant has paid tiie same since he be- came seized of and interested in the said premises ; and as evidence of the said premises being within or belonging to the said manor, and holden of the lord of the said manor, and that such rent is payable in respect of said premises, Plaintiff" Charges, that in and by a certain of lands within the said hundred of A. belonging to the said manor, and holden of the lord of the said manor, at or by the said rent of an acre, which was made and signed by twelve jurors, freeholders of the said hundred of A., and given in by them at a court-leet and court-baron holden for the said manor, on the, ike. before R. S. the then steward of the said court, all 224 BILLS FOR COPYHOLDS. all the picmlses above specified are mentioned, and specified as being within the said liundred of A. and belonging to the said manor, and holden of Y. Z. the then lord of the said manor, at and under the several yearly rents therein specified, being in the proportion and after the rate of per acre for all the said premises, but in case the payment of the said yearly rent of per acre, in respect of the said premises, or any part thereof was discontinued or omitted for any time before Plaintiii' became seized of the said manor, and which he doe» not admit, Charge, that some cuUyer or cullyers for the time being of the said manor of S., was or were in some maimer connected with, or influenced by the said Defendant, or some former owner or owners of the said premises, and therefore neglected or omitted to collect the said cullyer rent for the said premises, or such part thereof as was liable thereto. Charge, that said cullyer-rent has, within years last past, been paid by or on the behalf of former owner or owners of the said pre- n)ises, or some part or parts thereof, or of some other lands belonging to Defendant withhi the said manor, to or for the use of some lord or lords of the said manor for the said premises, or some pai t or parts thereof, or for such other lands. Charge, that Defendant hath in his custody or power divers or some receipts or discharges for the said cullyer-rent, and also divers or some/ deeds, evidences, entries, and memorandums, and other papers and writ- ings, by which it appears that the said premises, or some part or parts thereof, or some other lands belonging to him, are or is holden of the said manor, and under the said yearly rent, and that such yearly rent has heretofore, and within years last jnist, been paid for the same, and Defendant well knows said matters to be true, but refuses to discover the particular lands belonging to jjini which are holden of the said manor under the said yearly rent. And Plaintiff, for want of knowing with certainty, and not bring able to prove the identity of the lands be- longing to Defendant which are holden of the said manor, and suliject to the said yearly rent, is unable to proceed at law and distrain for the arrears of the said rent. All which, &c. To the end, iicc. Inquiry. Inquire as to the deeds, Scc. ; and that Defendant may set forth the same, or all such |)arts of them as relate to the said rent or the pay- ii)f-nt thereof, for the said premises, or any of them, and such other lands, or any part thereof, and all such receipts and discharges in the words and figures thereof, and may leave all such deeds, Ike. in the hands, tec. And that he may set forth a true, perfect, and exact account or tenure of all the lands and tenrnienls belonging to hiu), or which he is in anywise si-izcd of or entitled to, situate within the said nianor and holden thereof, tnider and subject to the said yearly rent, and n»ay dis- tijig!Ush the boundaries of all such lands and tenements, the names of the occupiers thereof, and may set forth when last, and by whom, and to \\\ioi\\ tiic baid yearly niil was paid for the same. trailer, BILLS FOR COPYHOLDS. ^25 Prayer. That an account may be taken of the arrears of the said yearly rent due and payable from the said Defendant to Plaintiff, as lord of the said manor of S., for the said lands and tenements belonging to the said Defendants, and may be decreed to pay unto Plaintiff what shall appear coming from him to Plaintiff on the takhig of the said uccount. And for further relief. R.H. Bill to eslahlish the ancient Customs of a Jlfanor, zvhich ike Lord departed from y to the great Oppression of the Tenants. Humbly complaining, shew unto your Lordship, your Orators T. \. of, ^c, A. B. of, ik.c. ^c. who are all of them customary tenants of the manors and lortlships of, &c. or of some of them, and of sucli odier manors or lordships, if any, as are held under B. in the county of C, that all the said manors or lordships are and have been immemorially governed by the same or the like customs, both as to the payment of their Hues, and in all other respects. And your Orators shew, that they and the other customary tenants of the said manors and lordships, which consists of acres, now are, and for several years last past have been, lawfully seized to tiiem and their heirs respectively, according to the an- cient and laudable custom of tenant-right, time out of mind used and approved of within the said barony, of certain customary freehold estates of inheritance descendable from ancestor to heir, of and in several mes- suages, lands, tenements, and hereditaments, within and holden of the said several manors and lordships, by payment of a certain ancient and accustomed yearly rent, and by payment of certain fines upon change of every loid by death, and of every tenant by death or alienation, to the lord of the said manor and lordship for the time being, as follows, viz. iipon the change of every last admitted lord of the said manors or lord- ships by death, Ly payment of such tine as the next succeeding lord or his steward or agents have reasonably assessed, not exceeding a d. fine, or times the value of the amount so paid by each tenant, for or in respect of the customary or tenant-right estate so descending or aliened, which are called dropping descent, or alienation lines. And your, &c. that as well the said general fines, as the dropping descent or alie- nation tines, have time out of mind been assessed and paid according to the ancient yearly rent paid to the lord in respect of the estate or estates for which the same severally happened to become due, without any regard to the real or improved yearly value thereof; and that such estate and estates have been esteemed more or less valuable, and have been sold for a greater or lesser price in proportion as they were high or low rented, and that such of your Orators and the other tenants of the said several manors, and other ancestors as have been purchasers of customary estates held thereof, have always paid greater prices for such estates as have paid a small ancient rent, than for such estates in other Q respects 225 BILLS FOR COPYHOLDS. resj'ccts being of equal value as have paid a greater ancient rent, by reason of the said measure and method used and observed in assessing the said tines so due and payable in respect tliereof. And your Orators further shew, that by ancient custom and usage, time out of mind used and observed within the said several manors, the respective tenants thereof have, and always had, a right to cut down^raid dispose of, and use all the underwoods growing on their customary lands and estates at their will and pleasure, and also to cut down and make use of, any timber growing on their said estates, for repairing of their customary messuages and buildings, and for hedge-boot, cart-boot, plough-boot, fire-boot, and all other necessary uses about their customary estates, w hich your Orator and the other tenants of the said manors are obliged to keep in good repair, and also have been, and are absolutely entitled to their own use, and to be sold and disposed of as they should think proper, all the trees growing on their hedges, and commonly called hedge-row trees, for which they pay a rent called green lew ; and also to get lime-stone out of any quarries upon or within their respective customary estates, or any waste grounds and commons of the said manor and lordships re- spectively, and burn the same, in order to be laid upon and consumed upon their said estates, and also to get stones out of any quarries upon their said estates, or upon the said waste grounds or commons of the said manors or lordships respectively, for building or repairing their cus^ tomary messuages, barns, walls, hedges, or other buildings and erections upon, or to be erected upon the same, upon the scites of ancient mes- suages, and for that purpose to open new quarries of stone within their .••aid estates, or on any of their waste grounds or commons of the said manors and lordships ; and also to turn their cattle, levant et couchant, upon their respective estates, upon the wastes or conunons belonging to the said manors and lordships, and particularly upon a late large wasls or common called 1., part whereof is within the said manor of A. and part in the manor of T., to graze thereon in the summer time, and to erect houses and sheds upon such wastes, to reside and live in during such time, for the couveniency of milking their cows and making cheese and butter there, such tenants paying, to or for the use of the said ba- rony, for or in respect of such privileges per head yearly for their horned cattle, and per head yearly for their horses ; and also to cut up and carry away turf, peat, heath, furze, and brakers or fern, on any of the said commons or wastes, for fuel and for thatching their cus- tomary messuages and buildings, and to plough up their several custo- mary lands as they should think most advantageous, and to demise, lease, and to farm let, their said customary estates, for any term not exceed- ing years, and to mortgage the same, redeemable at the end of any term or number of years not exceeding years, without any licence from the lord of the said manor, and wiihout paying any tine on that account ; and also to change their customary estates of equal Value with each other, where the same lie intermixed in connnon lields, or dispersed at a considerable distance, for the improvement thereof, without having any licence, as in the case of alienation, froin the lord, or paying hiin any lino on that account, so a^ ihat the ancient rents and services for the lands so exchanged were preserved. And your Orators further shew, that the ^aid cubloms, and otlurs very bcncticial to your Orators BILLS rOR COPYHOLDS. 5227 Orators and the several other tenants of the said manors and owners of estates held thereof, have, time out of mind, been used and obtained within the said manors respectively. And your Orators and their ances- tors, tenants of the said uianor, have, time out of mind, peaceably held and enjoyed their respective customary estates under such usages, cus- toms, and privileges as aforesaid. And your Orators further shew, that all or most of the estates of the said tenants of the said several manors are lying near the borders of Scotland, and were heretofore barren and but of little benetil to the respective owners thereof, and the same have within a few years last past been at a very considerable expence, at most amounting to near as much as the inheiitance of such estates were worth, being improved and brought into a method of agriculture, so as to be in some respects beneficial. And your, &c. diat your Orator T. A. is a tenant of the said manor of A., and is seized or entitled to him and his heirs, according to the customs of the said manor, of cottages, and a messuage and tenement within a parcel of the said manor of A., of tlie ancient yearly customary rent of ; and that your said Orator be- came entitled to the said customary and tenant-right premises upon the decease of A. C. his late father, and as his eldest son and customary iieir, and thereupon your Orator became entitled to be admitted thereto, and to hold and enjoy the same peaceably and quietly, on payment or tender of a d. fine at the utmost. And your Orator I. B. is a tenant of the said manor of B., and is seized and entitled to him and his heirs, according to die custom of the said manor, of messuages and ii tenement, within and parcel of the said manor of B., of the ancient customary rent of ; and that your said Orator became entitled thereto upon the decease of, and as eldest son and customary heir to H. B. his late father deceased, and ought to have been admitted thereto, and held and enjoyed the same peaceably and quietly, on payment of a d. fine. And your Orators further shew, that they have often applied to the said earl and his stewards to admit them tenants to the said estates, upon payment of their respective fines so due in respect thereof as afore- said, which they several times offered, and hereby offer to pay to him ou their being severally aduiitted thereto, according to the custom of the said manors, whereof the same were respectively holden ; but the said earl absolutely refused to comply therewith, and instead thereof, at the instigation and by the persuasion of I. S. his steward, has assessed very excessive and extravagant tines upon your Orators in respect of the said estates, and in order to compel your Orators to pay the same, has brought several ejectments against your Orators for non-payment of the said fines, and also brought, or threatens to bring actions at law against your Orators. And your Orators further shew, that as such multijjiicity of suits can tend only to the destruction and ruin of your Orators and the rest of the tenants of the said manors, and to the perpetual disquie- tude and disturbance of the peace, as well of the tenants as of the lord of the said manor, and can be of no real good or benefit to the said carl, your Orators have therefore several times applied to the said earl, and requested him either to suffer your Orators and the other tenants of the said manor peaceably and quietly to enjoy their said several customs, or that the same nnght be tried in a fair and candid manner in one ac- tion, by proper issues, to be directed to this honoiulle court, which j^ « would 228 BILLS FOR COPYHOLDS. would effectually and perpetually settle the said several customs, and establish peace in the said barony for all succeeding generations, in regard not only to your Orators, but the other tenants of the said barony. And your Orators and the other tenants of the said barony are ready to submit thereto, and to be bound by such determination ; with which fair and reasonable requests your Orators were in hopes the said earl ^ould have complied, bat now so it is, &c. that the said earl, in con. junction with the said I. N. his steward, in order to oppress your Orators and deprive them of their several customs, refuses to comply therewith, alleging that arbitrary fines are due to him within the said several manors upon the death of each customary tenant, and upon all alienations, and that he can assess what fines he pleases, so as the same do not exceed two years full improved value for the estate for which such fines are as- sessed, and that the two years value is not to be measured or computed according to the rent paid by the tenants and farmers thereof, but ac- cording to such value as he, his own stewards, bailiffs, officers, on agents, f^hall from time to time adjudge the same, exclusive of any person at- tending on behalf of the tenants ; and that so it appears by several deeds, papers, and rentals in the custody of the said earl, and also Uiat such arbitrary fines as aforesaid have always been assessed and paid within the said manor, whereas your Orator expressly charges the contrary thereof to be the truth, and that the said fines are not arbitrary but limited, so as the same do not exceed a d. fine, or times the value of the old rent as aforesaid, which your Orators insist is the very highest iine that can with any degree or colour of justice be taken, and that such fine even exceeds the ancient method or custoni of assessing fines from your Orators. And your Orators expressly charge, that the said several manors formerly belonged to the family of the D.'s and were forfeited for high treason in the reign of , and then came to the crown, and continued in the crown for several years, and were afterwards granted by the crown as a bounty, and w ithout any real consideration, to an ancestor of the said earl, or to some person or persons under whom he claims. And your Orators also charge, that while die same conti- nued in the family of the D.'s, and while in the hands of the crown, sometimes a d., sometimes a d.y and sometimes a d. fine, and seldom or never more, on deaths or alienations, was taken, and so it appears by several azicicnt deeds, papers, and rentals, copies whereof were lately in the custody *>t the said earl, and tlie same fines were also accepted by the said earl's ancestors for several years. And that the great grandfather's father, great grandfather, and grandfather of the pra- yent carl, first attempted to break in upon the said customs, and parti- cidarly assessed considerably higher fines than ever had been done, and even by degrees carried such lines to a d. d. d. d. d. d. and d. and in some very few instances to d. d. and d. fine, yet they always constantly and invariably assessed the same according to the late, proportion, and income of the old rate, and there are no ancient instances of assessing fines otherwise. And there was no attenipt, or evidence of any attempt, till within the memory of man, of assessing sncli thicn, according to the improved value of the said estates. And It particularly appears by sev( ral deeds actually licensed by the an- ccBtort of the present carl, diat accoiding to the custom of the barony of (i.at I BILLS rOR COPYHOLDS. 229 G. at d. or d. fine, according to the old rent and no more, upon a descent, and a (L or at most u d. fine, according to the like cuktoo) of the said barony upon alienations was and ouglit to be taken. And your Orators expressly charge, that the same would appear by several ancient deeds, papers, and rentals, now, or lately in the custody of the said earl ; and though the design of breaking the said customs has been formed, and proceedings and encroachments thereon have been gradually making for several years, yet the same was carried on with great se. resv, by first assessing a d. line, then proceeding to a d. fine, and so on, and never openly avowed till the lord and his steward had in a few instances raised the line accruing to an extravagant number of years old rent, to be equal to one year's improved rent, and by which means imagined that all traces of the said ancient customs were utterly etfaced, and incapable of being proved. And your Orators further crharge, that though it should appear that more may have been assessed, that the same were never admitted to or paid, or if paid, the same were by some private agreement between the lord and tenant, and the overplus returned to the tenant ; or if there are any instances where such fines were ever paid without such private agreement, they are but very few, in cases where the tenants were not able to contend with the lord, and rather chose to pay a small sum more than they were obliged to pay, than enter into a suit about the same ; and that the practice was not so anciently, but is an innovation of the respective lords of the said manors and their stewards as aforesaid. And your Orators charge, as an evi- dence thereof, that there is no instance of more than a d. fine havmg been paid within many of the said manors till within years, or thereabouts, and that within that time, and within years last past, and less, there are great numbers of instances of fines paid not exceed- ing a d. fine. And your Orators further cirarge, thai the said earl and his stewards, under such pretences as aforesaid, have lately, in great numbers of instances where the said tenants have alienated their custo- mary estates, assessed and taken near years improved value ot such estates for a fine, without any deduction or allowance tor land tax or other outgoings, and without having or paying any regard to the great sums of money laid out by the said Iciianls in improving their said estates; and that till the time of the said 1. N., the said carl's present steward, no such excessive fines as are now demanded wore ever assessed or paid, and before his time no more than years value was ever taken in any instance. And the said 1. N. halh made merit of such his oppressions, by frequently declaring tliat he hath advanced the said fines £ a year, or some such large sum, higher than they ever were advanced before. And your Orators charge, great numbers of the tenants who have but small estates are by such means utterly mined, in regard their estates liaviug been so many centuries valuable, are now almost reduced to a footing with, and of little more value than, tenan- cies at will only. And your Orators ftnther charge, that the said earl should be entitled to assess arbitrary fines in respect of the said estate, which your Orators don't by any means admit, yet your Orators even iA that case hiunbly submit to the judgment of this honorable Court whe- ther, according to tlie rules at law, more than . years value of the said estate ought to be paid for a fine, and humbly insist thut the true mea- sure 2o0 BILLS ton COPYHOLDS. sure of sucli value is in the rent paid by the farmer and tenant thereof; or if the same is unlet, that your Orators ought to have some person I'resent at the time of the valuation thereof by the said earl, &.c. as a check u()on them, and that all taxes charged upon the estate, and other outgoings, ought to be allowed and deducted out of such fines in the computation thereof. And your Orators further charge, tiiat some scheme or design was several years ago entered into and laid belore, and lias been from time to time executed by the said respective lords of the said manors, in order to defeat and break through the customs of the se- veral manorSj by persuading some of the tenants to take receipts for fines exceeding a d. fine, Mere in fact only paid after or under that rent or measure, under pretence that the same should not in any shape affect them, as they paid no more than was really due from them ; and by prevailing on others, who were either bailiffs under the said lords, or their immediate servants or dependents, or otherwise under their influ- ence, and by threatening others who were timorous with suits, and by prosecuting the tenants severally and at several times, to pay such fines as were assessed upon them, or they were induced to agree to by pro- mises of great abatement, or to have part of the money returned, so as to reduce the said fines according to the said ancient measure, and by promises of future favors, or by such or the like inducements ; and t\i:d no bill was ever brought by any of the said lords against the tenants in general, touching the said customs, which upon the death of a lord might have been the case, it is ever admitted and never disputed, but that a d. fine was the extent of what the lord could take, and the same was never attempted to be changed or varied by the lord, in regard it would have become the general and immediate concern of the whole barony, but in case of descents and alienations, as such did only imme- diately concern the respective persons purchasing or becoming entitled by descent, and infringement and alteration of the customs in that re- spect became easy and practicable. And your Orators also charge, that many other methods have been lately contrived to break the said customs, and in particular, that in cases of alienation of any customary estates, to any person not before a tenant of any other customary estate within the said barony, the said lord and his steuard took advantage of the ignorance of such purchaser of the customs of the said barony, and therefore exacted and took from him, over and abo\c tlie alienation fine assessed, a further sum of money, sometimes more or sometimes less, but generally , which the steward called an income fine, which your Orat the te- nants of the said manCrs ignorant of, and unacquainted with their re- spective lights and customs, by getting into their custody and retaining aii BILLS FOR COPYHOLDS. 231 all deeds, papers, and rentals, which in any respect tends to explain or shew the same. And in particular your Orators charge, that within the said several manors it is, and for several years hath been, usual and com- mon for the lord's steward thereof, or his agent, who is generally an at- torney at law, as the said I. N. is, to prepare and draw all deeds of aliena- tion, to the tenants, or from the tenants, to any odier person or per- sons without the interposition of any other attorney or agent, or friend of the vendors or purchasers, thougli he hath not, nor ought to have any right so to do, in regard that the said practice may be, and actually has been a great means of, and has given them great oppor- tunities of imposing upon the tenants, and subverting their customs, which hath actually been done, or attempted ; for ihat such of the te- nants, or most of them as have so aliened their lands, have been, from time to time, prevailed upon by their respective stewards or agents, to bring all their old deeds, &c. to them, under a pretence of looking into the title, and which they have always kept and retained, and only returned the new purchase deed or deeds, alledging that the same was sufficient to shew ihe title of such estates ; and the said earl and his steward, design- ing to break not only the customs relating to the measure of the said lines, but all other the ancient usages and customs of the said manor, pretend, and give out that your Orators, and the other customary te- nants within the same, have no right to cut down and dispose of any of the underwoods growing on their custoniary lands, nor of any other wood or timber growing on their said estates, for the repair of their houses and other ancient buildings on their said customary estates, and other necessary boots, without licence from the said earl or his steward, nor with such licence, to get any other stones for repairing or rebuilding upon their said estates, or to open any new quarries upon the waste of their respective manors for that purpose, nor to cut up or carry away any turf, Sec. grow- ing or being on any of the said wastes or commons, for fuel, or for thatch, for their said customary messuages, nor to tuin their cattle upon the waste or commons of the said manor in the summer, to graze and depasture there, or to erect hou-es there to reside in during such time, for the purposes aforesaid, nor to demise, &c. any of the said customary estates, for any term of years, or exchange the same, or any part thereof, without such licence, and without payment of a tine, by the person so letting and exchanguig to the lord, and that it is discretionary in the lord or his steward whetlier he will or will not grant such licence in any of the said cases. Whereas your Orators charge the contrary thereof to be the truth, and doubt not to be able to prove, to the sati^^faction of this honor- able Court, that by ancient custom, time out of mind used and approved within the said several manors, your Orators, and all other customary te- nants within the same, have not only had and taken from off" any parts of their said several estates, wood for house-boot, &,c. and all otiier neces- sary conveniences, but have also immemorially had and taken their hedge- rows and trees growing on the hedges of their customary estates, to fell, give away, or dispose of, as they should think proper ; and that they have also, till the time of the said 1. N. the present steward, not only had lime and other stones as aforesaid, but they have always had a right, and|have always cut up and carried away turf, &,c. williin the wastes and commons, for the purposes aforesaid ; and also, from time to time, to turn their cattle 232 BILLS FOR COPYHOLDS. cattle upon the waste and commons to graze, and to creel houses and sheds to hve in, as afoiesaid. And particularly, your Orator charges that there is a large tract of waste or conunon ground, called S. vvidiin the manor of B. which your Orators, and the several other tenants of the several other manors within the said barony, and in particular of, &,c. and the other adjoining manors, and their ancestors, from time imme- morial used to enjoy, in tlie summer season as aforesaid, till within these years, wlten the lord of the said manors, without the consent of your Orators, and the rest of the tenants, took upon himself to exclude them from such their enjoyment thereof, and to let tjie same to such persons as he thought tit, at a rack rent. And your Orators also charge, that they have a right, and ought to be at liberty to lease and mortgage their several customary estates, for such terms as aforesaid, and also to exchange the same without any tine, or having any licence from the said earl and his steward, and that they have enjoyed all such liberties and privileges with- out any interruption, till very lately ; and the said earl and his steward, at other times, give out, and pretend, that though it should appear that your Orators, and the other tenants, were anciently entitled to such cus- toms as aforesaid, yet that a dispute having arisen between the late earl, father of the present earl, and some few of his tenants, about years ago, the same was referred to arbitration, and an auaid then made, whereby the said fines were then settled and allowed to be arbitrary, and at the will of the lord ; and that, if there were originally such customs as are insisted on by your Orators, the same are destroyed and defeated by such award, as the same has ever since been submitted to by the said tenants, and that therefore they ought to be bound thereby. Whereas, jour Orators charge, that no such award was ever made ; or if there was any such, the saute was brought about by the said earl's father, or his steward, which steward was a person who frequently endeavoured to break through and alter the cuslmiis, and by fair representations, and by the great ihtluence which he had over the parties concerned in making the same, and that no written proof, on behalf of the tenants, as to the mat- ters so deducted, was laid before such arbitrators, but the same was con- cealed by the then lord, and that therefore the same is invalid, and of no effect; or if otherwise, yet that none of the tenants ought to be bound thereby, except such as were parties to such submission, if any such there vere, and that there were not more than the number of who signed or agreed to such submission. VV hereas the whole number of the tenants exceeded six hundred ; and even those who signed were intluenced by threats to sign the .same, and all, or the greater part of tiiem, were depend- ant npou the said lord or his stevvaitl, which said steward was so conscious that he had drawn in and imposed upon them, that he frequently de- clared and admitted, both on Ins death-bed and before that, what he had (lone in that respect, and also in other miitlers, whereby he had broke in Upon the siiid ancient customs, gave him so much uneasiness of mind, that he could not die in peace without declaring the same, or to that cf- iect. And your Orators chaige, that such award was never acquiesced in or snhmitKd to, and thai some of the said tenants, before the said aunrd, and since that time, (hrongh the threats of the said lord and his steward, may have been induced to pay greater lines than they were bound or obliged to ; yet the same wa;> never, Ironicon-iciousncss that such tines BILLS FOR COPYHOLDS. 233 were really due, but tliey always declared it was throu£;h fear, and to avoid the expense of suits, and tlieir inability to contend at law with a person of llu; great influence and fortune of the said respective lords of the said manors ; and the baid earl and his steward atoiior times alledge, that the several estates holden of the said manors are not of the nature of trust right or customary tenure, but are merely tenants by copy, at the will of the said lord, and that they have several decrees, or copies of de- crees, which will clearly shew the same. Whcr^-'as your Orators expressly charge the contrary thereof to be die truth ; and that if there be any such decrees, the same were obtained partially, and by collusion, and are not warranted or supported by, or grounded upon any evidence whatsoever, and are Uierefore not warranted by law; and the said earl and his an- cestors are, and were so sensible thereof, diat they never have insisted thereon, but frequently, both before and since, have admitted that the said estates were tenant right estates ; and that it so appears, by several deeds, &c. in the custody of die said earl and his stewards, or agents, or of some person or persons wiUi his or their knowledge and consent. And your Orators charge, that the said earl and his steward, on the occasion of the said pretended submission and award, prevailed on the arbitrators and manager, to deliver up all such deeds, i^c, as were produced, or intended to be produced on that occasion, and still have the same, and having, by the several means aforesaid, and by other means, got into the custody or power all the ancient deeds, &c. belonging to die tenants of the said ma- nors, and also all the court books relating to the payment of fines, but all other the said customs |)lainly appear, refuse not only to produce the same on any trial at law, and without which no fair trial can be had, nor the said customs, or the peace of the lord and tenants settled and esta- blished, which your Orators, and the rest of the tenants, are very desirous of, but refuse to suffer your Orators to peruse and inspect the same, and deprive your Orators and the oiber tenants of the necessary evidence to support their said customs, under a pretence that a great pai t of such ancient deeds, &.c. were, several vcars ago, burnt or destroyed. Whereas your Orators charge, that if ai-.y of them were burnt or destroyed, the said earl and his agents have preserved copies thereof. And the said earl also alledges, that there are some other persons, who, under some deeds, settlements, or limitations therein, is or are, or will be entitled to the said manors after him, or to some right, title, or interest in die said manors, or some part thereof; and that such person or persons will not be bound by any decree, verdict, or other determination, to be had or made between them and your Orators, and the rest of the said tenants, but refuse to give your Orators any further satisfaction therein, or to discover such per- son or persons which your Orators are advised is requisite to be done, in order that they may be made parties, and thereby the customs of the said manors completely setded and established. And your Orators also charge, that no trial can be had according to die course of common law, touching the several customs out of the county of Cumberland ; or if in any other county, yet not without a jury of that county, and that sucb trial would not, nor could be fair and impartiul (in regard the said earl is entided, and would try the same with a special jury), not only by the said earl's great interest in the said common, but also in regard all, or most of all, the genlleaitu in the said county, capable of serving on special juriesij 23-4 BILLS FOR COrVHOLDS, jurie?, are lords of manors, governed by the like geneial customs. All which, Sec. To the end, (N.c. ;xc. Prayer. And that the said ancient custom of paying fines, and all other the said customs before mentioned, may be settled and ascertained, and fur that purpose, that one or more issue or issues at law may be directed by this honorable Court, in some indifferent and disinterested county, to try and ascertain the same ; and that, in order to enable your Orators and the rest of the said tenants to proceed in such trial, the said earl and his steward may, antecedent thereto, produce all such decrees, deeds, SvC. any way relating to the said several cus- toms, in their, or either of then* custody or power ; or if any other person whatsoever, for their or either of their use, or in trust for them, or with their knowledge, privity, consent, or procmenieut, for your Orators inspection and perusal ; and that the said several cus- toms may be established by the decree of this honorable Court ; and that the said earl and his steward may be decreed to permit your Orators, J. A. ;Jcc. peaceably and quietly to enjoy the said se- veral estates, from payment of what shall appear to be due to the gaid earl, in respect of their said several fines, which they hereby severally offer to pay ; and that, in the mean time, and until the said customs shuli be established, an injunction may be awarded by this honorable Comt against the said earl, to stay further proceedings at law against your Orators, upon the said ejectments, and to prevent ihe said earl from recovering possession of your Orators said estates. And for further relief. T. C. R. W. and C. Y. ^'. B. The prayer for a letter missive ought to have been added. Bill by a Claimant of Frealwld and Copyhold Esfaiest under a Settleineiit, praying against tlie Persons in Possession^ a Surrender of the Estatesj and an Aceount of Profits ; also the /Iffi'datit to support the Bill. Humbly complaining, sheweth unto your Lordship, your Orator, SvC. S. A. of, kc. ^ ' That \V, A. late of, Scc. deceased, Plaintiff's late great grandfather, in- trrmairied with one M.W. and being seized in fee-simple, or of some otiu r good estate of inheritance, in possession of and in a certain free- hold cottage, messuage, or tenement, and acres of arable land, or meadow and pasture ground, with the gardens, orchards, and appurte- nances thereunto belonging, now in the occupation of one T. S. and other freehold messuages, lands, tenements, and hereditaments, situate, S;c. ; and al».o seized in fee to him and liis heirs, according to the custom ot tho ma- nor of, i^:c. in a copvliold t state, consisting of, Jkc. now also in the occu- J)alion of the said T. S. did, previous to such his marriage with the said ^I. V\ . and Ml consideration thereof, hy indentures of lease and release, or some olhtr deepvliold estate and premises into the hands of the lord of llje said manor, to the uses mentioned and declared m such settle- ment, as in and by, See. That after the making the aforesaid settlement of the said freehold and copyhold estates, the said W. A. and M. his wife, departed this life, leav- ing, or having had three sons, namely. VV. thejr eldest son, who died very young, and without issue, either in the life- time of his father and mother, or soon after theii death ; J. their second son, who had one son only, namely, J. who died unmarried and without issue ; and T. their third son, Plain- tiff's grandfadier, and who departed this life some years since, leaving S. A. his widow, and three sons, namely, T. W. and E. and which last- named T. who was Plaintiff's father, left two sons, namely T. his eldest son, who is dead without issue, and Plaintiffs ; so that Plaintiff is now become the heir-general and heir in tail of his said grandfather, the said first named VV. A. and as such is, as he is advised, and humbly insists, become entitled under and by virtue of the said indentures or indenture of settlement or otherwise, to all the freehold and copyhold estates and premises beforemcntioned, as tenant in tail thereof in possession, with remainder to himself in fee. And Plaintiff well hoped, that he should accordingly have been let into the possession thereof, and have been per- mitted to hold and enjoy the same, and receive the rents and protits thereof. But now, &Cc. S. A. the widow of T. A. Plaintiff's grandfather AV. A. of, ivc. Plaintiffs uncle, combining, &c. Defendants, or one of them, have or hath got into the possession or receipt of the rents and profits of all the said freehold and copyhold estate and premises, and also have or hath got into their, his, or her hands, custody, or power, the said indentures or indenture, or other deeds or deed of settlement above mentioned, and also all the title deeds, mu- niments and writings, surrenders or admissions, belonging or relating to the freehold and copyhold estates and premises above mentioned, and which Plaintiff is entitled to the custody or possession of. Fretend, that no such settlement as above mentioned, or any other settlement was ever made, or agreed to be made by the said VV. A, " Plaintiff's grandfather, of the said freehold and copyhold estates, or any part thereof. Charge, that the said confederates, or one of them, now hath or have, in their, his, or her custody or power, the said deeds or deed of settle- . ment, and all the title deeds, muniments and writings, surrenders and admissions beloiiEjinsr and lelating to the said freehold and copvhold estate and premises, whereby it appears, that the said estate w as settled ni strict settlement, or otherwise, in such manner, as that Plaintiff is en- titled as heir general or heir in tail of the family, or that, if they have not now in their custody or power, or have, or hath heard of, or seen the ^ame, and tliey, or one of them, have lately had the same, and have or hatl^ t36 BILLS FOR COPYHOLDS. hath burnt, or otherwise destroyed the same, or know where the same are or IS, or \\hat is become thereof; or ihev, or one of them, have, or hath had in their, his, or her custody or po«er, some counterpart or copy, abstract or extract of the said deeds or deed of settlement, or some me- morandum thereof, or paper, or writing, wherein the same is recited, referred to, mentioned, or taken notice of; and at other times, confede- rates admit tlie several matters above charged ; but. Pretend, that Plaintiff hath no right or title whatsoever to the said freehold and copyhold premises, or any part, notwithstanding the afore- said settlement, for that, as they pretend, the said \V. A. Plaintiti's great- grandfather, was tenant in tail of the said freehold and copyhold estates, under and by virtue of the said settlement, and had a right to suffer, and did duly suffer a recovery of the said freehold premises at common-law, and also suffered a recovery of the said copyhold premises in the Copy- hold Court, according to the custom of the said manor, of, &.c. and afterwards duly made and published his last will and testament in writing, and devised the said freehold and cop>hold estates, to his son T. Plain- tiff's grandfather in fee or in tail; and that Plaintifi's said grandfather didy suffered a recovery of the said premises, and declared die uses of the said recovery to the said T. for his life, with remainder to the younger child and children of T. and S. and should be so at the death ot the sur- vivor of them, the said T. and S. and their heirs, under and by virtue of the uies of such recovery, they, the said confederates insist, that she the said S. A. is entitled for her life, and that he the said W. A. will become entitled upon the death of his mother the said S. A. to the fte and inhe- ritance of and in the said freehold and copvhold estate and premises. Charge, that the said W. A. Plaintiff's said late great-grandfaUier, never did eHectually suffer any recovery thereof, or if he did, he did not make any effectual and valid dispositiuu thereof by his will, and that there- fore, the said freehold and copyhold estates are now descended to Plain- tilf, in manner aforesaid. Pretends and insists, that he is entitled to the said freehold estate and premises, under and by virtue of son;c indentures of lease and release, or other deeds or deed executed by the said T. A. Plaintiff's father, in his life-lime, wherebv he, the said T. A. did, as the said confederate pretends, convey to him and his heirs, the said freehold estate and premises, or that he is in some othe-r manner entitled diereto. 15ut he the said confederate refuses to produce or shew to Plaintiff such },retended indentures of lease and release, or other deeds or deed of couveyance from PlaintilFs father. C/iart^e, that PlaintifTs said late father never did execute any inden- tures of lease and lelease or other deeds or deed, whereby he conveyed such freeholil estate and premises, or any part thereof, to him the said Defendant W. A. And at other limes Defendant admits, and hath frequently declared, that Piaiiitilf is rntilhd to the fee and inheritance of and in the said free- hold and c(>j)yhold » slate and premises, under and by virtue of the said iiidenlnres or indtnlure of helllement, and all the tille deeds, inuuiments, and writings, belonging and relating to the said freehold and copyhold estate and prctnisjs, and halh proposed to give some premiums or consi- 'deration to I'lainiifl", if he woidd givr up his ri^ht to the said estate and premises. BILLS FOR COPYHOLDS* 237 premises, or join with them in a conveyance thereof to a purcliaser. But nevertheless, they refuse to deliver up the said estate, and the said title deeds and writingsi to Plainlifl or to suffer him to peruse and inspect the same, or take copies or abstracts tr.ereof; and iiuving got into their cus- tody the said settlement and surrender made by plaintilf's said great- graudlather, or some other of PiaintnT's ancestors, vviicreby the legal estate in die said premises was vested in, and now stands out in the Trustees named therein, or the survivor of them or his heirs. And also having got into their hands some old mortgage deeds and conditional sur- renders, and also all the title deeds, muniments, surrenders and admissions, relating to the said freehold and copyhold estates. They not only refuse to let Plaintiff into possession of tlie said estates, or to account with hirri for the rents and profits thereof received by them respectively, or to deliver unto Plainlitf the said settlement, title deeds, muniments, surren- ders and admissions, but also threaten, that if Plaintiff" should bring an ejectment, to recover the possession of the said estates, they will set up some concealed deed or will, or some old mortgage term of the said set- tlement made by the said W. A, Plainliff^'s said great-grandfather, or some other deed to defeat that, the legal estate in the said premises is not in Plaintiff", and thereby defeat Plaintiff of his remedy at law. All which^ isic. To the end, &,c. Prai/er. That the said W. A. may be decreed to deliver up to Plaintiff the possession of the freehold and copyhold estate and premises above- jneutioned, free from all incumbrances done by them, or either of them. And also the said indentures or indenture, or other deeds or deed of settlement executed by the said W. A. Plaintiff's said great-grandfadier as above mentioned. And all other title deeds, muniments and wiitings, surrenders and admissions, belonging or relating to the freehold and copyhold estates and premises above mentioned, in tiieir custody or power respectively. And that they may be also decreed to come to a just and fair account with PlaintilF for, and to pay to him all the rents and proiits of the said freehold and copyhold estates and premises which have been received by" them, 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, or which, without their wilful neglect or default, they might have received. And for further relief. J. TI. In Chancery. Between S. A Plaintiffs. and S, A. and W. A. . . . Defendants. S. A. the Plaintiff in this cause, maketh oath, and saith, that he this deponent hath not, nor to the best of his knowledge, remembrance, or belief, ever had, all, or any of the deeds, evidences and writings relating to tiie estate in question in this cause, and which are mentioned m this de- ponent's 238 BILLS FOR COPYHOLDS. ponent's bill, exhibited in this honorable Court, against the said Defen- dants, nor doth this deponent know where the said deeds, evidences, and writings, or any of them now are, unless they be in the custody or power of the said Defendant S. A. JBill by Devisees, to have a Surrender from Heir at LaxL\ of Copyhold Premises which had been devised but not surrendered, to the Use of Testator^ s /Fill, whereby the legal Estate descended to the Heir at Laxv, Humbly complaining, shew unto your Lordship, your Orator and Oratrix, R. F. of, Sec. and J. B. of, &c. widow, that, at a Court holdeu for the honor and manor of H. C. on or about the day of , E. P. late of H. in the county of M. inn-holder, and S. his wife, were admitted to a piece of copyhold land, with the erections and buildings thereon, to the use and behoof of the said E. P, and S. his wife, durin;^ their lives, and the life of the longer liver of them, and after the decease of the survivor, to the use and behoof of the heirs and assigns of the said E. P. for ever, as in and by the admission, reference being thereto had, in the court rolls of the said honor and manor will more fully appear. And your, &c. that the said E. P. duly made and published his last will and testament in writing, bearing date, Sec. and the said Testator thereby, amongst other things, gave and devised to his said wife S. P. all and sin- gular his freehold and copyhold estates, of what nature or kind soever, to hold to his said wife S. P. her heirs and assigns for ever, subject to an annuity of ^' to be paid to the said Testator's sister A. P. for the term of her natural life. And the said Testator afterwards departed this life without having in any manner altered or revoked his said will, leaving the said A. P. and H. ^^ . his co-heirs at law, and customary heirs. And your, S^c. that the said S. P. the widow of the said Testator, upon his dtath, entered into possession of the said copyhold estate, liolden of the lionor and manor of H. C, or into the receipt of the rents and profits thereof, and continued in such possession or receipt until her death. And vour Orator and Oratrix shew, that the said S. P. duly made and pub- lished her last will and testanjent in writing, bearing date on or about, vice, and thereby, amongst other things, gave and bequeathed the aforesaid copjhold estate, by the description of all her, Sec. unto your Orator and Oialrix, who were her nephew and nitce, to hold tlie same as tenants in common, and not as joint tenants, or to dispose of the same as they should see lit, and the nelt produce thereof to be equally dnided between them, as in and by, iicc. And your, 6cc. that the said S. P. departed this life, in or about, Sec. without Iniving altered or revoked her said will, but who till' said S. P. hfi her heir at law your Orator and Oratris have not been able I'j ascertain. And your Orator and Oialiix shew, that the said I".. P. never srurrendered the said cop\hold prennses at H. to the use of his will. And that upon his death, the legal estate in the said copyhold, descended to his said two sisters as his customary heirs, but the beneticial intf rest therein passed by hi& said will to his said wife S. P. and has since passed BILLS FOR COPYHOLDS. 2.'39 passed by the said will of the said S. P. to your Orator and Oratrix, And your Orator and Oratrix shew, that the said A. P. and H. W. the sisters of the said E. P. are both since dead, and that the legal estate in the said copyhold premises has descended to and is now vested in E. W. of, &c. spinster, the Defendant hereto, who was the only child of B. W. who was the only son of the said H. W. And your Orator and Oratrix shew, that being entitled in right of the said S. P. the widow of the said Testator, to have the warrant of a surrender of the said copyhold premises by the said Testator supplied, they have, by themselves and their agents, repeatedly applied to the said Defendant, and liave requested him to surrender the said copyhold premises, to the use of your Orator and Oratrix and their heirs, as tenants in common, according to the said will of the said S. I'. And your Orator and Oratrix well hoped, &c. abso- lutely refuses so to do. To the end therefore, &c. Prayer. And that the said Defendant may answer the premises. And that the said Defendant may be decreed to surrender the said copyhold pre- mises, to the use of your Orator and Oratrix and their heirs, as tenants in common. And for further relief, ^c. J. L. Praj/ Subpa'na against E. JV. SECT. 240 8JSCT. XIV. — BILLS FOR BOND CREDITORS, &C. Bill by Bo7id arid Simple Contract Creditors against an E.vecutor. Humbly complaining, shew unto your Lordship, your Orators T. C. of, &c. and P. M. of, &c. executors of the last will and testament of R. B. late of, &c. clerk, deceased, and as such bond and simple contract creditors of 1. T. late of, &c. deceased, and also your Oratrix M. N. of, &c. another creditor of the said I. T. by simple contract, on behalf of themselves, and all other the creditors of the said I. T. ulio shall come in and seek relief by and contribute to the expense of this suit, that tlie said 1. 1\ having borrowed of, or being indebted unto the said R. B, in the sum of £ , he, for securing the payment thereof with lawful interest for the same, duly executed a bond or obligation in writing, bearing date, &c. whereby he bound himself, his heirs, executors, and ad- ministrators, unto the said R. B. his executors, administrators, or assigns, of the said sum of £ , with interest for the same, at the rate of £ per cent, per annum, at a time therein mentioned, and long since past, as in and by, ,e or mortgages of part thereof, and seized to him and his heirs of, and well entitled to, certain cop\hold messuages, cottages, and tenements, according to the custom ol" the manor of which the same were holden, and which had been surrendered by him to the uses of his will ; and possessed of, and wtll entitled to, or iiuerest. d in a very considerable personal estate, consisting of, i\.c. and ot divers other effects, to a considerable amount or value m the whole; and being so seized of or entitled to such freehold and copyhold estates, and being of sound and disposing mind, memory, and utiderstanding, the said 1\ T. in or about, &.c. duly made and published iiis last will and testament, in writing, and which was signed and published by him, and attested in such manner as by law is required for devising freehold estates of inhe- ritance ; and he thereby lirst ordered and directed that all his just debts should be fully paid and satisfied, and subject thereto he gave and de- vised, &.C. (state icill) as in and by, &c. And your, Stc that the said Testator departed this life lu or about , without having revoked or altered his said will, without issue, leaving the said S. T. his wite, and the said M. T. his sister and heir at law, and aI,o his heir by the custom of the manor of which his said copyhold estates wt re holden ; and the said S. T. upon or soon after his death, duly proved the said will in the Exchequer Court of York, being the proper Ecclesiastical Court, and took upon himself the execution thereof ; and she, or some person on her behalf, or with her permission, by virtue of the said will or the pro- bate thereof, upon or soon after the said Testator's death, entered upon, and took possession of, all his freehold estates by his said will devised to her for her life, and of wiiich she hath ever since been, and now is, in possession, and in the receipt of the rents and profits thereof, and pos- sessed himself or herself of all the personal estate and effect . of the said Testator to a very considerable amount ; and she thereout, or out of the produce thereof; paid the said Testator's funeral expenses, and all, or most of his debts, your Orator's said debt excepted ; and the said M. T. and the said Testator's mother, upon or sr)on after his death, entered upon and took possession of the said copyhold messuage or tenement devised to her for her life as aforesaid. And your, ik.c. that the said principal sum of £ remaining due and owing to your Ora- tors, with an arrear of interest, and your Orators having frequently since the said Testator's death, by themselves and their agents, applied to the said S. T. as his personal representative, and requested her to pay the said bond-debt and interest. And your Orators well hoped that she would have paid the same accordingly, and that in case of any deficiency of the said Testator's personal estate, the s;.me would have been an- swered and made good out of the said freehold and copyhold estates, as in justice and equity ought to have been the case. But now so it is, CvC. absolutely refuses so to do. And pretends that the said Testator t^t the time of his death was indebted to several persons besides your Orators, on bonds, and specialties, and otherwise, in several considerable sums of juoney, and that the said Testator's personal estate and eifects which have been paid by her order, or for her use, were inconsiderable and in- sufiicieut to answer and satisfy sush other debts by specialty, and tlie saiU 248 BILLS FOR BOND CREDITORS, &C. said Testator's funeral expenses and testamentary charges, and other charges respecting the administration of his estate and effects, and some of his debts ; and she also pretends, that there is not any part of the said Testator's personal estate and effects outstanding and undisposed of, or unpossessed of, or unadministered by her, except what may be coming from tlie said T.J. in respect of the said copartnership in which the said Testator was engaged with him, and that she hath used her best endea- vours, and taken all due care and diligence to settle the accounts of the said copaitncrship with the said F. J. to obtain payment from him of what is coming thtrefrom to the said Testator's estate, but hath not been able as yet so to do. And she also pretends, that the said Testator was not, at the time of his death, seized of or entitled to, or interested in, any freehold lands, tenements, or hereditaments, or if he was, that she or any person on her behalf, or claiming under her, has not been, nox- is in possession of the rents and profits thereof, or at least that she is entitled to the rents and ;^:ofits thereof for her life. And your Orators having, in Easter terni last, brought an action on the said bond against the said Defendant J. T. as executrix as aforesaid, in his ^lajesty's Court of K. B. at Westminster, the said Defendant hath put in a plea to the said action, and pleaded that, &c. and thereupon the said A.S. and X). S. wiio survived the said M. S., for the recovery of the said debt, in Easter term aforesaid, impleaded the said Defendant as executrix of the said T. T. for the sum of £ upon the said writing obligatory in the said Court of K. B., and stand judgment against her, and that the said judgment remained unsatisfied, and that the money secured by the said bond remains due and owing to the said A. S. and D. S. as surviv- ing obligees, she not having possessed assets of the said Testator sufficient to saiisfy the same, nor having paid the same or any part thereof. Charge contrary, and charge that the said Testator, at the time of his death, was possessed of, or entitled to, a considerable personal estate and effects, and more than sufficient to satisfy his funeral expenses and debts, or at least his debts by specialty, and this the said Defendant, or some person by her order, or for her use, hath possessed or received, or without her wilful neglect or default might have possessed or received, the whole of such personal estate and effects, and that a considerable part of the said bond debt on which the said judgment hath been re- ceived has brcu satislied, and that little, if any, remains due in respect tiiereof. But your Orators charge, the said Defendant S.T. hath wasted and niisapplied part of the said Testator's personal estate, and has made divers pa\ments thereout which ought not to have been made thereout, and hath permitted parts of the said I'estator's personal estate to be possessed or received by other persons as a legacy, or in satisfaction of debts by simple contract, and so the same w i)uld appear if the said Defendant woulil setfoith a full, just, and particular account of all the said IVstalor's personal chattels and efficts possessed by her, or by any pers^in or personv on her behalf, or f«)r her use, or by her permission ; and would set forth how she has sold and disj)osed of, and applied the same, and of the produce of the said 'I'cslator's personal estate and effects remaininj; outstanding and unpossessed of by her, but this she refuses to do ; and in case the said Testator's personal estate shall not on a fair account to be taken thereof; be sufficient to answer your Orators' sai«i BILLS FOR BOND CREDITORS, &C. 249 said debts, your Orators insist that the deiiciency ought to be made good out of the said Testator's freehold and copyhold estates, and the same, or a sufficient part thereof, ought to be sold for that purpose ; but this the said Defendant, S, T. and J. P. and M. his wife, W. T. T. IJ. and M. T. severally refuse to consent to, although they have not any title to the said freehold and copyhold estates, or any part thereof, except under the said Testator's will ; and the said S. T. and M. T. refuse to account for the rents and profits of the said estates, received by them, or for their use, or to apply the same in or towards the payment of your Orators said debt. Aud VV. T. J. R. M. T. J. P. and M. his wife, severally pretend that the said Testator's personal estate and effects are sufficient to an- swer and satisfy your Orators said debt, and all the other debts, aud they therefore object to any sale being made of any of the said freehold and copyhold estates, for payment of your Orators debt. And the said seve- ral Defendants, or some of them, at times, set up divers claims to the said freehold and copyhold estates, in opposition to the said will. And they at times pretend and insist, that the said F. J. ag a co-obligee on the said bond, or as the surviving partner of the said Testator, ought to pay your Orators the said bond debt ; but the said F. J. pretends and insists that the said Testator, or his estate, has had the benefit of the said suna of J^ , the consideration of the said bond, and that he has not any effects of the said Testator in his hands, coming to the said Testator's estate, and therefore that the bond ought to be paid by the said S. T. out of the said personal estate ; or in case of a deficiency of such personal estate, out of the said freehold and copyhold estates. Whereas your Ora- tors insist, that in case of any deficiency of such personal estate, to sa- tisfy the said bond debt, the said F. J. ought to answer and pay the same, and make good the said deficiency, but he refuses or declines so to do. AH which, &.C. To the end, &,c. Prayer. And that an acconnt may be taken by and under the direction and decree of this honorable Court, of what is due for principal gnd interest on the said bond ; and that an account may also be taken of the personal estate and effects of the said Testator, pos- sessed by or come to the hands of the said S. T. or any person by her order, or for her use, or with her permission, or which, without her wilful default or neglect, might have been possessed by her; and that she may be decreed to pay your Orators what shall appear to be due and owing to them for principal and interest on their said bond, out of the said Testator's personal estate, in a due course of administration. And in case the same shall not be sufficient for that purpose, then that an account may be taken of the rents and profits of the said Testator's said freehold and copyhold estates, received by them the said Defendants, S. T. and M. T. respectively, or for their use ; and that all such as shall appear to have been received by her, or a sufficient part thereof may be applied in or towards mak- ing good the said deficiency ; and in case the said several funds shall be insufficient for the paying and answering your Orators' said debt and interest, a sufficient sum of money may be raised by sale or piortgage of the said Testator's said freehold and copyhold estates, or 2o0 EILLS FOR BOND CREDITORS, &C. or a ?ufficient part thereof, subject to such mortgage or morlgages as are now subsisting thereon, for liie making good such deiiciency, and applied accordingly ; and the said, i^c. &c. ar.d ail proper parties may join in such sale or mortgage ; and in case all the said Testa- tor's estates shall be insufficient for payment of your Orators' said bond debt, then that the said Defendant F. J. as a co-obligee in the said bond, may be decreed lo answer and make good such deticiency to your Orators. And for further relief, 2cc. Bill by Bond Creditor, against Heirs ai Laxv and liesi- duary Legatee, for taymcnt by Sale of Estate. Humbly complaining, shew uuto your Lordship, your Oratrix, A. L. of , spinster, that A. VV. late of , was, at the time of his decease, justly indebted to your Oiatrix in the sum oi £ , on a bond or obligation given by the said A. W. to your Oratrix, bearing date on or about the , in the penally of £ , conditioned for the payment of £ , on the day of , with inte- rest, after the rate of £ per cent, and the same, together with the in- terest accrued thereon, is still due and owing to your Oratrix. And your Oratrix further sheweth, &.c. that the said A. W. being thus indebted and possessed of a very considerable personal estate, and greatly more than sufficient to pay his just debts, and being also seized, possessed, or other- wise well entitled to a certain freehold, leasehold, or copyhold estates, situate in the coimty of S. and elsewhere, departed this life on or about the day of , having first duly made and published his last will and testament in writing, and executed in such manner as by law is required, to pnssreal estate, bearing date on or about the day of , and thereby gave and bequeathed (amoi>gst other things), in the words and figures following ; that is to say (state that part nhicli applies to this case); and by his will appointed A. B. L. B. now L. B. W. residuary devisee, in fee, and a Defendant hereto, and R. T. executrix and execu- tors of his said will, as in and by, &,c. That the said A. W. departed this life without having altered or revoked his said will, so far as the same has been herembefore set forth, and leaving his said executrix and execu- tors, and also his heirs at law, and Delendants hereto (stale teho they are). That the said A. B. and R. 1'. having renounced the execution of the said will, the said L. B. VV. proved the said will in the prerogative court of the Archbisliop of Canterbury, and took upon himself the exe- cutorship thereof, and under and by virtue thereof, possessed himself of the personal estate and effects of the said Testator to a large amount, and entered into })ossci.sion of the real estates devised to him jv the said will. And your Oratrix, 6<.c. that she. has frequently, by herself and her agents, applied to the said L. B. \V. for payment of what was due to her for principal and interest on her said debt, and well hoped diat the said 1j. B. \V. woidd have complied with this the re:ison,iblc request of your Oratrix, as in equity and good conscience he ought to have done. But now so it is, Sec. the said L. B. VV'. at some times pretends, that ihr said A. VV. did not make such \\\\\ and testament as is hcrembetore mentioiicd, and that administration, with the will annexed, was not, at or about the time BILLS FOR BOND CREDITORS, &C. 251 time hereinbefore mentioned, or at any other time, granted to him out of the prerogative court of Canteibury, oi any other Ecclesiastical Court; or if the same were so granted to him, that neverthole.ss he hath not, by vir- tue thereof, received any part of the said A.W.'s persona! estate, or at least not sufficient to pay ywur Oratrix's demand. Whereas your Ora- trix charges the contrary of such pretence to be true ; and more particu- larly, that the said L. 13. VV. has admitted, in a certain cause now depenii. ing in this honorable Court, wherein the said L. B. W. is a party, that he has received assets of the said A. VV. sufficient to pay all his dei)ts, legacies, and funeral expenses, and this the said L. B. W. \vi!! at other times ad- mit ; but then he pretends that he cannot sell any part of the real estate o( the said A. W. without the concutrence of the said other Defendants, who refuse to concur Uierein without the sanction of this honorable Court. All which, Sic. To the end, therefore. And that the said Defendant, L. B. W. may admit assets, or set forth an account of the personal estate and effects of the said A. W. come to his hands or possession ; and that an account of what is due to your Orairix, for her said debt, and the interest accrued due thereon, may be taken. Aiid if the said L. B. W. shall admit assets, then that the same, when so ascertained, may be paid to your Oratrix out of the p'jrsonal estate and effects of the said Testator ; and in case the said L. B. W. should not admit assets, then that an account may be taken of the personal estate and effects of the said Testator, come to the hands or power, or possession of the said L. B. VV. And in case it should appear that the said personal^ estate and effects are not sufficient to pay your Oratrix's said debt and interest, then that the said term, devised to your Oratrix by the said will of the said 'J^estator, may be sold by and under the decree of this honorable Court. And for further relief. J. A. Prai/ Subpoena against the heirs, andL. B. IV. Bill to have a Bondy and other Securities, delivered up. Part of the Consideration being Money won at Play. That Plaintiff, C. some time iu or about, Sic. was in company with T. B.of, &.C. the Defendant hereto, at the house of one Mr. D. in, &,c. and dice being introduced. Plaintiff set down to play with dice with the Defendant, and tliereupon the Defendant, at such meeting, won of Plain- tiff, by playing at dice, the sum of , and Plaintiff being after- wards, and in or about, &c. indebted to the said Defendant in a sum of money for clotiies, which the Defendant had made for Plaintiff and ano- ther person, at the instance and request of Plaintiff, and he, the Defend- ant, having satished and discharged the debt and costs incurred in an ac- tion at law, in which he had been bail jointly wiUi Plaintiff, Defendant caused Plaintiff to be arrested^ and held to bail, in an action at law for recovery 252 HILLS roR z-ond creditors, kc- recovery of ihe money due to him as aforesaid, for clothes ; and Plaintiff* being at that time unable to pay or to advance the same, Defendant pro- posed and offered to drop the said suit, and to discharge the said arrest in case Plaintiff would enter into and execute a bond or obligation to him, the Defendant conditioned for the payment, as \rt\\ of the said sum of , won by him at dice as aforesaid ; as also of his said other demands, amounting to the sum of of in the Mhole, and accordingly Plaintiti was prevailed upon to execute, and did actually execute a bond or obligation, bearing date, &c. conditioned for the payment to the De- fendant of the sum of c£ , by instalments at the several da\s, and in manner therein mentioned. That part of the consideration of the same bond or obligation was the said sum of £ , won by the said Defendant of Plaintiff, by playing «t dice as aforesaid. Tliat on or about, &.c. last. Defendant applied to Plaintiff, and pro- posed to deliver up the said bond for £ , upon Plaintiffs entering into, and executing, in lieu thereof, a new bond or obligation to the said Defendant, m the penalty of £ , with consideration of the payment of the said sum of c^ , by instalments, at two equal payments ; and also a warrant of attorney to confess judgment thereon, and upon Plain- tiff's giving and subscribing two promissory notes for the payment of j£ each, the one due at Christmas next, and the other at Christmas in the year ; and also another promissorv note for the payment of £ for the interest thereof; and thereupon Plaintiff, at the intreaty of the Defendant, did execute to him a bond or obligation, bearing date, &c. in the penalty of £ . or some other considerable sum of money,, with condition thcreuuiler written, for the payment to Defendant of the sum of £ , with interest, at the end of two months from the date thereof, and of the further sum of £ , and interest, at the end of tive months from the date of the same. And Plaintiff also, at the same time, executed a warrant of attorney to confess judgment in his Majesty's Court of K. B, at W. on the last mentioned bond. And Plaintiff also theu gave and subscribed to the Defendant a promissory note for the pa\ment of the further sum of £ , at Christmas next, and another promissory note for the payment of the further sum of £ at Christmas, in the year, and also a promissory note for the payment of £ on account of interest of the said sums, as by, &c. That the last mentioned bond, w arrant of attorney, and promissory notes, Mere entered into and executed by Plaintiff, in lii u of the tirst mentioned bond, for the pavment of the sum of £ , and \\itliout any other con- sideration paid or given to Plaintiti" by llie Defendant, save the delivering up of the same bond lor £ That soon after the first pa\ment on the said bond for £ became due, he the said Defendant entered up judgment on the same bond, in pursuance of tlic said warrant of attorney, in the Court of K. B. and on or about, &.c. Defendant sued out a writ of capias ad satisjacicndinn on the said judgment, and i'laintiff was taken in execution tliereon for the penah) of tlu; said bonil, being the sum of „£" , and Plainliti' being in custody on tlie said ixccution, Defendant, on the day following, ottered and agr< ed to release Plaintiff from the said execution, if Plaintiff would draw a bill of exchange on T. B. jun. esq. for the sum of <£ , then due BILLS rOR BOND CREDITORS, ScC. 0,53 due upon the said bond, payable in fouFteen days, and procure liini, tlje said T. B. to accept the same bill. And if Plaintill" and the said T. B. would also enter into and execute a warrant of attorney to confess judg- ment for the sum of .1' , to wiiich Plaintiff, in order to procure his discharge out of custody, consented, and, accordujgly, Plaintiff drew a bill of exchange on the said T. B. requiring him to pay to the Defendant, or order, the sum of £ , after fourteen days from the (hite thereof, being the lirst payment that had been due on the said bond for the £ , and Plaintiff, together with the said T. B. at tiie same time entered into and executed a warrant, to confess judgment in liis Majesty's Court of K. B. to the said Defendant, in the suniof <£ ; and the Defendant, or J. D. his attorney, subscribed an acknowledgment that the Same was given as a security for the payment of the said bill of exchange, and that judgment was not entered upon the said warrant of attorney until the said bill became complete, as by, &.c. That Plaintiff is advised that the securities given and entered into bj Plaintiff as aforesaid, are all null and void, and ought to be delivered up to Plaintiff and cancelled, and vacated of the consideration for the same, being to secure the sum of , so won by Defendant at playing at dice as aforesaid. And Plaintiff hath frequently applied to the De- fendant, and requested him to deliver up the several securities as afore- said^ so entered into Plaintiff as aforesaid. And Plaintiff well hoped, &c. But now, 8cc. Insists upon the benefits of all the aforesaid securities, and threatens, in case the said bill of exchange is not paid on die day the same is made public, that he will enter up judgment on the said warrant of attorney, so executed by Plaintiff and the said V. B. and sue out execution thereon. And that he will also commence actions against Plaintiff on the several other securities given and entered mto by Plaintiff as aforesaid, to re- cover the mortgage mentioned therein respectively; some times pretend- ing that all the securities were given for a good and valuable considera- tion, bond Jide paid by Defendant to Plaintiff, and that no part of the consideration thereof was for money won at dice, or any other play. Charge contran/, which Defendant at times admits, but Pretends, that although part of the consideration of the first mentioned bond was for the sum of guineas, won by him at dice as aforesaid, yet, as such bond was afterwards delivered up to Plaintiff, and such new securities entered into by him as aforesaid, in lieu of the former, the said bond for £ and warrant of attorney, to confess judgment thereon, and also the said promissory notes given by Plaintiff w ere to be consi- dered as distinct and independent securities, and for a good and. valuable consideration, and are not void within the meaning of the stat. 9 Ann. c. 14. and therefore that the Defendant hath a right to the benefit tliereof, and to receive the money mentioned therdn. Charge, that tlie said bond for £ , and the warrant of attorney to confess judgment thereon, and the said promissory notes given as the fact is, by Plaintiff, in lieu of the first mentioned bond, and for no other different consideration, are equally null and void, and ought not to be put in force against Plaintiff, part of the consideration for the same, being the money won by Defendant of Plaintiff, at playing with dice as aforesaid. AU which, Sec. Totheend, &.C. S^4 BILLS FOR BOND CREDITORS, &C. Prayer, That the said bond so executed by Plaintiflf to the said Defendant, for the payment of the said sum of £ , and the warrant of attorney aforesaid, to confess judgment thereon, and also the said promissory notes so given and entered into by Plaintiff to the Defendant, and all other 'he securities entered into and executed by Plaintiff to the said Defendant, in manner and for the consideration aforesaid, may be declared null and void, and that the same may be delivered up to Plaintiff, to be cancelled ; and that in the mean time the said Defendant may be restrained by the order and injunction of this honorable Court, from commencing - r prosecuting any action or ac- tions at law against Plaintiff', upon the said securities, or any of them, or from entering up judgment on the said warrant of attorney, exe- cuted by Plaintiff and the said T. B. or from any proceedings there- on. And for further relief. J.R. SECT. 255 SECT. XV. BILLS FOU INFANTS. lUll Jfy an Infant Tenant a<^ain.u Trustees, for n Convey- ance and Surrender of Freehold and Copyhold Estates, nn Appointment of a Receiver and Guardian, and Maintenance out of Profits. Copyhold Premises in Mortgage, and youngest Son claims according to the Custom of the Manor. States, that S. T. late of, Scc. deceased, who was PlaintlfTs late grand- father, was, for some time before, and on , seized to him and his heirs for ever, according to the custom of the manor of E. in the county of M. of, or to seven copyhold or customary messuages or tene- nients, situate in E. aforesaid, and die gardens and other appurtenances thereof, and lying within, and held of the said manor, and being so seized, he, on or about , out of Court, duly surrendered all llie said seven messuages or tenements and tlie appurtenances thereof therein mentioned, to be then in the possession of, Scc. into the hands of the lord of the said manor, to the use of R. M. of, &c. his heirs and assigns for ever, subject to a proviso or condition, for making the same void on pay- ment by the said S. T. his heirs, executors, administrators or assigns, of the sum of £ with interest for the same, at the rate of £ pel- cent, per annum, on, &c. That default was made in payment of the said sum of £ , and interest, according to the said condition. And therefore the said surren- der in law became absolute, but the said S. T. continued entitled to the equity of redemption of and in the said copyhold premises, until and at the time of his death. That S. T. being so entitled, and having, before the making of such conditional surrender, duly surrendered all the said copyhold messuages, and premises to the use of his will, and being also in his lilc'time, and at the tune of his death, seized or entitled in fee-simple of, or to some free- hold estate, situate, &c. and also possessed of, or entitled to a personal estate, consisting of various particulars to a cont.iderable amount and value in the whole, he made and published his last will and testament in writing, whereby, iicc. (gave all his real estate to trustees, the said R. M. and T. T. iu trust out of his personal estate, to pay debts, &,c. to pay oti' out of said personal estate, the said £ and interest thereof, due on aforesaid mortgage. Charges freehold estate with several annuities in trust, to permit and suffer his daughter to receive the whole of the rents; &c. of his said estate during her natural life, after her decease, in trust t(»r the heirs of die body of M.O. his daughter, lawfully begr>lt(3n,.wi'.lj remainders over^ appoints trustees e.\ecutorS; &c.) as in au i ii. ci c. > 256 BILLS FOR INFANTS. That S. T. did, soon after the making his will, without revoking or alter- ing the same, leaving the said jNl. O. his only child and heir at law, and soon after his death, executors proved, and they, or one of them pos- sessed all the personal estate and effects belonging to the said S. T. at the time of his death, or so much thereof, as they or he were or was able, to a great amount in the whole, and more than sufficient to pay debts, lega- cies, and funeral expenses, and said mortgage deeds of £ and interest. And R. M. by and out of such personal estate, repaid the said sum of c£ and interest, in discharge of said mortgage, but he never Hiade any resurrender of the said copyhold premises, or any part thereof, (he never having been admitted thereto,) nor did he ever acknowledge sa- tisfaction on the said surrender. But he being since dead, and by i)is will appointed his w ife, who is since dead, and T. T. of, Scc executors thereof, T. T. as the survivor of such executors, hath acknowledged sUch satis- faction on the said surrender. That M. T. wife of S. T. is dead, whereby her aforesaid annuity of £ is determined. And by death of R. B. her monthly payment is determined. That Plaintiff is advised, that on death of S. T. the whole inheritance of his said freehold and copyhold estates became by his said will, legally vested in said Trustees, and that the interest given by the said will, to the said M. O. for her life, and afterwards to the heirs of her body, were trusts in equity, to be executed by said Trustees. And that therefore it was incumbent on said Trustees, in execution of the trusts reposed in them by said will of S. T. to convey and surrender said freehold and copvhold estates, subject to the aforesaid annual and monthly payments to the use of said M. O. the daughter of said S. T. and mother of Plain- tiff, for her life, and after her death, to her tirst and other sons, severally and successively in tail, with remainder to her daughters in tail, with remainder, &.c. But no such conveyance or surrender hath ever been made, nor have or hath the said Trustees or eillier of them ever been ad- mitted to the said copyhold estate. But soon after the death of said S.T. said M. O. his daughter, was admitted to said copyhold estate for her life, and she and T. C. her second husband, or some person or persons claiming under her, was or were in possession or receipt of the rents and profits of said estates, both freehold and copyhold, until the time of the death of said M. O. afterwards, and which happenetl, &c. And particu- larly Defendant S. was for some time before the death of Plaintiff's said toother, in possession of said estates, under the authority, or by the con- sent of said M. Plaintiff's said mother, and said T. C. her second hus- band. And the annuities and monthly payments were satisfied to that lime. And Plaintiff" is advised, tiiat on the death of his said nwther, Plaintiti, as her eldest son, became entitled to all said freeliold and copy- hold estates, devised by said will, as tenant in tail, subject to the said annuity o( £ unto said M. S. for her life, and also to said monthly paynient of unto said \\. B. during her life. And that as Plaintiff is an infant, some proper person ought to be appointed by this honor- able Court, to receive the rents and profits thereof, in order to pay said amiuity and as to the surplus thereof, for the benefit of Plaintiff. And that said T. T. ought to convey and surrender the legal estate in the said estates, to the use of Plaintiff and the heirs of his body, tvilh remarnt^ to BILLS FOR INFANTS. 257 to his brothers and sisters O. T. C. and M. C. vd^o, with Plaintiff, are all tlie chiUlren of the said M. O. afterwards C successively in like manner, with remainder, See. That S. having got into her custody or power, the title deeds, copies of court rolls, and oilier writings belouoinor to said premises, she oui>ht to bruig the same into this honorable ( ourt, for the benefit of Plan^titt, but she refuses so to do. And she hath rec( ved some money in respect of rent of the said estate, or part thereof, became due since death of Plain- tiff's said late mother, tlieieftire oujjlit to account for the same, and pay the same for the u^e of Plaintiff, but she refuses so to do. And sail tnis- tees refuse to make any such surrender and conveyance of said freehold and copyhold estates. And T. C. the elder, sometimes protends, that said JS. T.did not duly make and publish such will as afoiesiud, and therefore he insists ihat ail his said estates, both freehold and copyhold, did on his death descend to said M. O. as his oniy child and heir at law, or that if he did make such will, yet by virtue thereof, she was entitled to such estates as tenant in tail, and not only for her life. And tlieiefore he insists, that in either case, as her husband, he is entitled to the said tree- hold estate, as tenant by curtesy, and that Plainlift can only be entitled unto the same as her heir at law after her death. And the said T. C. the son alledges, that by the custom of tl.e said manor, the youngest son, and not the elde.>^t t-on, is heir, and therefore he insists, that whether tiie said M. the mother of him and Piainlitlf, was entitled to the said copyhold estate, to her and her heirs for ever, as she was heir of her said father, or she was entitled thereto, to her and the heirs of her body, under the aforesaid will of her said father; the same copyhold estate, after her death, descended unto him the said T. C. the son, as the youngest son of his said mother, and as her heir, according to the custom of the said manor, and that Plaintiff hath no r:ght to siid copyhold estate, or any pai t thereof. Cliai'^es, that S. T, did duly make such will as aforesaid, and Plaintiff is advised, and hereby insists, that under and by virtue of such will, the said M. O. afterwards C. had not any greater interest than for her life, in the said estate, or any part thereof, either freehold or copyhold. And that on her death, PlaintilF became in equity entitled to the whole ihereof as aforesaid, and that said T. C. the son, hath not any right or interest to, or iu the same, or any part thereof. And the said trustees pretend, that they cannot act in the trusts ve?ted in them as aforesaid, with safely, without the directions of this honorable Court, for indemnifying them therein. All which, 2cc. Inquiry, [An inquiry of rental and particular of such freehold and copyhold estates, distinguishing the one from the other, 8cc. An inquiry of those who have received au) money in respect of the rents or proins thereof, or any part thereof become duo since the death of Plaintiff's said motlu r.] And a full, just, and true account of al! and tvery such sums of money, and when, and from whom, and for what the same whs respectively re- ceived. And that Defendants may set forth what right and interest they s and 258 BILLS FOR INFANTS. and each of them, have or clahn of, in, or to the said estate and pre- mises, and every part thereof, and how they derive and make out the same. Prayer. And that the said freehold and copyhold estates may be conveyed arid surrendered by the proper party or parties to the use of Plaintiff and the heirs of his body, with such remainder as aforesaid, subject to the aforesaid annuity, to die said M.S. And that some proper person may be appointed by the Court, to receive the rents and profits of such estates, which have become due since the death of the said M. O. afterwards C. Plaintiff's late mother, and ibe future rents and profits thereof, during Plaintiff's minority. And tliatsuch of said Defendants as have or hath received any money, in respect of the rents and profits of the said estate, or any part thereof become due since the death of Plaintiff's late mother, niay account for the same, and pay the money whioh shall appear due on such account for the use of Plaintiff. And that a guardian may be appointed for Plaintiff, by this Court, and that a sufficient yearly sum of njoney may be allowed for Plaintiff's maintenance and education out of the rents and profits of said estates for the time past, from the death of Plaintiff's mother, and for the time to come, until he shall attain the age of 21 years. And that Defendant S. may deposit the title deeds, copies of court rolls, and goods relating to the said estates, in the hands of one of the masters of this honorable Court, foe the benefit of Plaintiff". And for further relief, &.c. W.A. Bill to have a Sum of jlloucij ir/iich a'/r.y a specific Legacy, and appropriated, invested in tiie Accountant General, for the Benefit of Infant s^ Guardian, Alloxvance, S^c. Humbly complaining, shew unto your Lordship, your Orators and Oratrix E. H. I. H. T. H. and ISI. A. H. infants, under the age of lil years, by I. IL. of, Sec. their next friend, that E. H. the elder, late of, &,c. farmer, but now deceased, duly made and published his last will and testament in writing, bearing dale, ike. and thereby amongst other things, directed, that V'.T. of, &.c. and E. B. the Defendants hereinafter named, and C. G. of, &c. uho were the Trustees and executors in his said will named, should, out of the monies which should come to their hands in manner therein mentioned, lay out and invest in, or upon govern- ment or real securities at interest, the sum of JC upon trust, ik.c. (to pay a moiety of the dividends to E. II. then the widow of the testator's son 'I', for life, or during widowhood, and after her decease or marriage, the whole of the dividends were to be applied by the 'J'rustccs for tl;e maintenance and education of testator's grandchildren, the Plaintiffs to v\hom the principal was to be transferred at 21 years or marriage, as to the BILLS rOR INFANTS. 2-59 ttie daughter,) as in and by, ecc. And your, &c. that the said Testator departed this life in or about the month, &c. without iiaving in any man- ner revoked or altered the said will, except by a codicil, bearing date, &.C. which did not relate to, or afttct tl(e said trusts of the said sum of £ . And your, &c. tiiat W. T. and E. B. and the said C. G. duly proved the said will of the said testator, atid acted in the trusts thereof, and out of the monies which came to their hands from the estate and effects of tlie said testator, in or about, Jk.c. appropriated the sum of £ , in satisfaction of the aforesaid legacy, in the purchase of the sum of „£* , S per cent, consolidated annuities, and the said sum of stock is now standing in their names in the books of the Governor and Company of the Bank of England. And your, &.c. that the said C. G. hath departed this life, and that the said E. II. on or about, &c. intermarried with, and is now the wife of the said I. E. whereupon the interest of the said E, H. in the said sum o( £ ,3 per cent, ♦kc. wholly ceased. And that your Orators and Oratrix shew, that tiie said Defendants paid to the said J. E. and E. his wife, the years dividends which became due on the said sum of stock, on the day of as well for the interest of the said E. E. in the said stock, as for the maintenance and education of your Orators and Oratrix up to that time. But the said Defendants have retained in their hands the subsequent divi- dends which have accrued due on the said stock, and have made no pay- ments or allowances iliereout, for the maintenance or education ot your Orators and Oratrix. And your, SvC. that some proper person or persons ougiit to be appointed, as the guardian or guardians of your Orators and Oratrix, with suitable allowances for their maintenance and education, for the time past, since the said day of , and for the time to come, and that the said sum of stock ought to be secured in this honorable Court. To the end, &.c. Prai/e}\ And that the said Defendants may answer the premises ; and that some proper person or persons may be appointed the guardian or guar- dians of your Orators and Oratrix, with suitable allowances for their maintenance and education for the time past, since tl^e said day of , and for the time to come, and that the said Defendants may account for the dividends of the said truit stock, which have accrued due since the said day of , and may thereout pay the allowances which shall be made for the main- tenance and education of your Orators and Oratrix, since the said day of , and may pay the residue thereof into this honorable Court, for the benefit of your Orators and Oratrix ; and may also transfer the said sum of £ t) per cent, conso- lidated bank annuities, into the name of the Accountant General of this honorable Court, to be there secured for the benefit of yonr Orators and Oratrix, and such other persons as may eventually be interested therein. And for fuither relief. s 2 Bi/l Z60 BILLS FOR INFANTS. Bill by Infant and next Friend, to carry the Trusts of htr Father's JFill into Exec ut ion , and for a Receiver. In- fant was also Tenant in Tail if Lands under the IFill of her GrandJiUlicr. Humbly complaining, sheweth unto your Lordship, your Oratrix A. W. an infant, under tlie age of 2 1 years, that is to say, of the age of nine years or thereabouts, by T. W. of, &:c. her uncle, and next friend, that A. W. late of, See. but now deceased, the fatlier of yomOratnx, was, at the time of making his said will, and at his death, seized in fee-simple of, or other- \vise well entitled to part or share of and in a certain colliery or coal mine, in the, &c. called colliery, and also to part or share of and in a certain colliery or coal mine, in the county of D. called col- liery, and was also possessed of one undivided moiety of a certain brewery malting and lands, situate at, Sec. held by lease from the dean and chapter of D. for a term of years, and was also possessed of farming stock, and other personal property to a great amount. And your, 8v.c. that on or about. See. the said A. W. duly made and published his last will and testament in writing, which was executed and attested in such manner, as by law is required for passing real estates, and was in the words and figures, or to the purport and eti'ect following, (that is to say,) This is the last will, 8cc. &:c. (gave to his w ife J. W. his liquors and furniture for life, she signing an inventory. Gave all his collieries and all other his estate to Defendant R. S. in trust for his children, if more thau one, equally, and if but one, to such one, chargeable with an- nuities of £ to his wife ; £ to his sister jM. B. and £ to J. W. son of G. W. and appointed said R. S. sole executor and guar- dian of Plaintiff, in case of his wife's death or second marriage,) as in and by, &c. And your, Sec. that the said A. \V. departed this life on or about, &c. without having in any manner revoked or altered his said will leaving J. W. in the said will named, his widow, and your Oratrix, his only child, him surviving, and thereupon R. S. of, &c. one of the Defen- dants hereto, and the sole executor in his said will named, duly proved his said will in the proper Ecclesiastical Court, and took upon himself the executorship thereof. And your, &.c. that the said J. \V. the widow of (he said testator, and the mother of your Oratrix, departed this life intestate, on or about, &,c. leaving your Oratrix her only child and sole next of kin. And letters of administration of her goods, chattels, rights, and credits, have since been duly granted to the said R. S. who hath thereby become her legal personal representative. And your, &,c. that by indentures of lease and release, bearing date, Sec. and made or ex- pressed to be mate between R. W. the late grandfather of your Oratrix, of the first part, the said 'V. VV. and J. H. of, S;c. another Defendant hereto, of th« second part, the said Testator X. W. of the third part, the said J, VV. the wife of the said A. W. of the fourth part, G. W. of, &c. and VV.G. of,&c. two other Defendants hereto, of the fifth part, the said Defendant \\. S. of the sixth part, and T. 13. of. Sec. of the seventh part ; of one undivided njoiety or full half puit and share of, in, and to a certain niessuagc, tenement, and lands. Sec. (describing the jnet/iises as ex- pressed in the deed,) were convened and confirmed to the said G. W. and W. G. BILLS FOR INFANTS. 26'1 W. G. their heirs and assigns, in such manner, that the said A. W. and J. his wife, during their joint lives, were each entitled to one moiety of the rents and proiits of the said premises, and that the said J. W. became entitled to the entirety of such rents and prolits, upon the death of tiie said A. VV. for aiici during the term of her Hfe. And that your Oratrix is now, by the evfiits that have iiappened, tenant in tail in possession of the said premises; but the said i). VV. and VV. G. now have, or claim some leo:il estate therein, in trust, however, for your Oratrix. And your, &c. that the said R. W. the father of the said A. VV. by his last will and testament, gave, devised, and appointed all his copyhold messuages, lands, tenements and hereditaments, tk.c. unto the said R. S. and J. H. their heirs and a«si-;ns for ever, in such manner, that the said A. W. was entitled to, and enjoyed the rents and prolits of the said premises, for and during the term of his life, and that your Oratrix, in the events that have happened, has become tenant in tail in possession thereof. And the said testator R. W. also gave and devised all his leasehold messuages, lands and premises, &c. (to go with the freehold, as far as the rules of law would admit). And your Oratrix sheweth, that the said R. S. and J. H. now have, or claim some legal estate or interest of, in, and to the said copyhold, freehold, and leasehold premises, in trust, however, for your Oratrix. And your, &c. that the said R. S. hath possessed the personal estate and elfects of the said testator A. W. to an amount greatly more than sufhcient to pay and satisfy his funeral expenses, debts, and legacies. And the said R. S. since the death of the said testator, hath received very considerable sums of money from the profits and produce of the said testator's share and interest in the and collieries, and in the brewery malting, and lands at H. S. And the said R. S. upon the death of the said testator, entered into the possession, or into the receipts of the rents and profits of the premises, comprized in the aforesaid indentures of the, &c. and of the copyhold, freehold, and leasehold premises devised as aforesaid, by the said R. W. ; and the said R. S. hath ever since continued and now continues in such posses- sion or receipt. And your Oratrix sheweth, that die auid R. S. hath, smce the death of the said J. VV. your Oratrix's mother, {possessed himself of the wine and othtr liquors which were in the house of the said testator A. VV. at the time of his decease, and of all otiier, the property and effects specilically bequeathed to the said J.VV. And the said R. S. never paid over to the said J. W. the proportion of the annuity which became due to her, under the will of her said late husband, nor the rents which were due to her in respect of the premises compnzed in the said indentures of the, &c. And your Oraii ix sheweth, that the trusts of the said will of the said testator A. VV. ought to be performed and carried into execution. And that the said R. S. ought to account for the personal estate and effects of the said testator, and for the rents and profits of his real estate, and also for the personal estate and eflects of the said J. W. And that some proper person ou;^ht to be appointed to receive the rents, profits, and produce of the said freehold, copyhold, and leasehold estates, and of the said testatrix's sliaie and interest in the said collieries or coal mines, and that a suitable allowance oui^ist to be made for the maintenance and education of your Oratri.x, for the time pa'it, and to come. To the end therefore, Stc. 2612 BILLS FOR INFANTS. rayer. Aun that the said Defendants may answer the premises. And that the will of the said testator A. VV. may be established, and the trusts thereof performed and carried into execution by and under the direction of this honorable Court. And that an account may be taken of the personal estate and effects of the said testator, which have been possessed or received by the said R. S. or by any other person or persons, by his 'order, or to his use. And that an account may also be taken of the said testator's funeral expenses, debts, and , legacies, and that the said testator's personal estate may be applied in payment thereof, in a due course of administration. And that an account may be taken of the rents, profits, and produce of the said testator's freehold, copyhold, and leasehold estates, and of his share and interest in the said collieries which have accrued due since the death of the said testator, and have been possessed or received by, or by the order, or to the use of the said R. S. And that an ac- count may also be taken of the estate and effects of the said J. W. which have come to the hands, or use of the said R. S. and of her funeral expenses and debts. And that the surplus of the personal estate of the said testator, and the rents, profits, and produce of his freehold, copyhold, and leasehold estates and coal mines, received by the said R. S. and the residuary estate, if any, of the said J, VV, may be secured in this honorable Court for the benefit of your Ora- trix. And that some proper person may be appointed by this honorable Court to receive the rents, profits, and produce of tiie said freehold, copyhold, and leasehold estates, and collieries. And that suitable allowance may be made Un the maintenance and educa- tion of your Oratrix for the time past, and to come. And for fur- ther relief, &c. J. L. Pray Snhpana atrainst " R. S. J. H. G. IV. and IV. G. Bill for the Transfer of Stocky standing in the Name of t htA ccount ant-G eneraly which had belonged to a Luna- tic deceased. States, that by indenture, bearing date and made between A. late tiie wile of T. C. gentleman, by the description of A. 11. of, &,c. widow, W. C. and i^. iiis wife, \V. II. and F. his wife, and M. late the wife of I.e. which said A. E. F. and M. were the cousins and co-heirs at law of lord L. baron of A. in the kingdom of 1. then lately deceased, of the one part, :ind \V, 15. of the other part, for the settling and assuring, txc. (deed tr) levy a fine by A. 11. one equal 4th part of (he said manors, iScc to tlie use of A. 1 1, in U-v, and the other three undivided 4lh parts to the appointnitnt of \V. C, and F). his wife ud. at.) as in and by, 8ic. That BILLS FOR INFANTS. 26'3 That in pursuance of the said agreement a fine sin^ conusance was levied of said manor and premises, as of H. term, in the year of his late Majesty King George the 2d. in which fine the said A. H. &,c. were the conusors, and the said VV.B. was the conusee. And that the said A. H. continued solely seized in fee in her own right of the said one un- divided equal 4th part of said pren)ises, until her intermarriage with T. C. of, &c. a lunatic, and since deceased. 'Hiat the said A. H. intermanied with the said T. C. on and the said M. intermairied with T. S. on the day of some month of , by indenture, bearing date , and made be- tween said T. C. and A. his wife, T. S. and M. his wife of the one part, and the said W. B. of the other part. In consideration, &c. (Deed to levy a fine of a moiety of said premises in aforesaid indenture, which fine as to parts of said moiety, to the use of T. C. and A. for their lives, and the longest liver, and after their decease, one of the said part to the appointment of T. C. and the other to the appointment of A. and in default of such appointments to A.'s right heirs, and as to the parts to 1\ S. and iSl. his wife, for their lives, in the same manner as limited to T. C. and A.) That in pursuance of said agreement, a fine sur conusance, &c. was levied of a moiety of said manors, &c. as of T. term, in the year in which the said T. C and A. his wife, and T. S. and M. his wife were conusors, and the said VV. 13. the conusee. And that the said T. C. and H. his wife, by virtue of said indenture of , and of said fine, be- came seized in fee of said parts of said moiety of said manor and premises. That the said T. C. having the misfortune to become disordered in his mind, a commission in the natu'-e of a writ de lunatko inquirendo issued, to inquire into his insanity, and bv an inquisition taken thereon on the, &,c. it was found that the said T. C was a lunatic, and that he did not enjoy lucid intervals, so as to be sufficient for the government of himself and his estate. And that by virtue of a grant, under the great seal of Great Britain, bearing date, &.C. the custody of tiie person of the said T. C. was granted to said A. his wife, and the custody of his estate was granted to said VV. C. That the owners of the other parts of said ]>rcmises, were in the year , desirous of having said premises soul, but in case the said other parts of said premises should have been sold separately from that belonging to said T. C. and A. his wife, would have been con- siderably diminished in its value thereof, and notwithstanding it was for tfie benefit of said T. C and A. his wife, and all persons who might claim any interest in the said one part of said premises, should be sold entire, yet, by reason of the lunacy of said T. C. a good title could not be made to a purchaser of the said one part of said premises, belonging to said T. C. and A. his wife, without the aid of parliament, whereupon application was in made to parliament, for an act for that purpose, and accordingly, by an act, intituled, " An act for sale of the " real estate of T. C. and A. his wife, and for laying out tiie money aris- " ing by such sale, in the purchase of other lands and hereditaments, for " the benefit of said T. C. and H. his wife," duly made and passed in the year of his present majesty's reign^ it was, amongst other things, enacted, that, kc. That 264 BILLS FOR INFANTS. That in puisiiance of said act of parliament, said premises Nvere, in , sold and conveyed to A. B. lor £ , and after de- ducting the expenses attending the procurement of the said act and sale, the residue of the money arising by sale of said one-fouilh part of said T. C and A. his wife, was, in purstsance of said act, paid into the bank in the name of the Acconntant-General, and afterwards, by an order of laid ont in the pnrchase of £ 3 per cent, consolidated bank annnities, which were transferred to, and are now standing in the name of the said Accouutant-General, on the trnsts in the said act men- tioned, and the dividends thereof were applied for the benefit of said T. C. and A. his wife, during their respective lives. That the said A. C. departed this life on, Sec. leaving said T. C. her surv.vjng, and the said F. 11. widow and relict of said W. H. her heir at law : and having lirst made her will in writing, bearing date, &c. whereby, after reciting the power and authority given to her by said indenture of of , she, by virtue thereof, did give, &c. (a tliird part of Avhat she had power to dispose of, to W. C. and E. his wife, and if they died in her life-time, to the children of 11. P. by C. his wife; the other third to VV . H. and V. his v.ife, with the same limitation over in case of tin ir deaths before the Testatrix, and the remaining third she gave to said !M. S. for life, remainder to children of K. P. and said E. his wife, and appointed VV. C. sole executor.) 'Ihat the said F. H., who survived said Vv. II. her hus]}and, departed this life on, &:c. leaving Defendants E. T. widow, and ^\ . T. her heirs at law, having first duly nuide her last will in wriimg, Ijearing, &c., and thereby, amongst other things, devised, &.c. (all thai she was entitled to under the will of her sister A. C. to VV. C for life, and after his deaih, to assign a tliird of the monies arising from the sale to M. B. M., the other third to T. S., and the remaining third to V.. P. for life, remainder to all her children except M.F.,) and appointed R. M. husband of M. B. M. and VV.Ii. executors of her said will, who proved the same in the proper Ecclesiastical Court, and are become lier personal repre- sentatives, and have paid all her debts. That said VV. C. vvlio survived said L. his wife, died on, Sec. leaving T. M. his heir at law, having first made his last will, bearing date, &.c. and thereby, among other things, gave nnd devised, ^cc. (all what he was cni.itled to under the will of A.C to all the children of Iv. P. the elder, as tenants in ccinnion,) and appointed V\'. H. and L. H. executors. De- fendants, who proved same in the proper Ecclcsiailical Court, and paid all his debts. Ihat said T. C. died on, See. without ever having enjoyed any lucid intervals from the time of liaving been first found a lunatic, and without having executed such appointment as by said indenture of he was « nipowercd to nndie ; and that said F. il. as heir at law of said A. C. ])eing, by virHie of the limllalions contained in said indenlure in favor of lier right heirs, well entuled to one moiety of said £ , or the lands to be purcli;ised Uierewith, by virtue of said A. C.'s will, and her having survived said VV. 11. her husband, such the right of said F. 11., by virtue of her said will,' anfl no appointment having been made by said T. C, vested in the Plaintiff K. W. and Defendant VV. 11. upon the trusts therein BILLS FOR INFANTS. 265 therein mentioned, and by virtue of tlie ben- fits contained in the wills of said A. C. and vV. C, tlie Phiintiffs II. P. the younger, W. P. &c. &c. became entitled to the other two thirds of a moietv of said £ , or the lands to be purchased tlitrewiili, as in said two wills particularly n)entinned. That said E.1\ is lately dead, leaving said Defendant W.T. her heir at law, and also sole heir at law of said F. H. deceased. That s lid £ 3 p> r cent, annuities have not been laid out in the purchase of any lands, 6cc. but are still standing m the name of said Accountant-(ieneral, m trust, in the said matter of A. B. the purchaser, and the dividends which have accrued thereon since the death of said T. C. up to, ice. am iimiing to £ , have been received by said Accountant General, and placed to the credit of said matter. Ami the Piaintitfs bei.ig re>pectively interested in said £ and the dividends thert-of, hoped tv) have had the said !>ank animJ:ies and said dividends transferred and paid accordingly, and that no opposition would have been made thereto, but that the said Defendants A. C. and T. C. object thereto, under a protf nee that they are interested in said stock and divi- dends, allegin;; that said 1\ C. before he became a lunatic, and on, &c duly made his last will in writing, in tlie presence of three subscribing witnesses, and thereby gave to ihem and to G. C. and H.C. who died in the life-time of T. C. £ , share and share alike, to be paid to them on the death of his said wife ; and that said T. C. by said pretended will, charged said one-fourth part of said moiety of said premises with the payment of said legacy, and diat by virtue of said will, which they allrdge is a due execution oi tlie power rese> ved to hmi by said indenture of, &c., they are now entitled to be paid the said legacy of £ out of said £ 3 per cent. Consolidated Bank Annuities. Charge contrary, and that said T. C never did execute any will, or if he did, such will was not duly executed, &.c. as required by said in- denture of, &c. or as required by law, &.c. ; hut if said T. C. ever exe- cuted such v\ill, and according to the terms of the power given him by said indenture of, &c. which they do not admit, yet they chav^e that he afterwards destroyed or cancelled the same, which Defendants will some- times admit. pretend, that he destroyed or cancelled the same during his insanity. Ch(irge contrary, and that if there ever existed such supposed will, the said T. C. destroyed or cancelled the same previous to liis lunacy, and" , whilst compos mentis, and in some lurid inierv;d. Bat even if the claim of said Defendants could be substantiated, Plaintiff W. M. and Defend- ant VV. H. allege that they aie, under said will of said F. H. entitled in trust to all such part of said moiety as is not eiTecluaily disposed of by said will, and that said E. T. and W. T. who are heirs at law of said F. H. and also of said A. C, and T. M. who is heir at law of said W. C. make some objection to said .vtock and dividends being so trans- ferred, alleging that the wills of said A. C, F. il., and VV. C. were not executed so as to atiect their interest therein, and that they are re- spectively entitled to some shares or interests therein, and of the divi- dends thereof, or of the lands to be purciiased therewith. And the said T. M. as heir at law of said VV. C the trustee named in the said act, also 9.66 BILLS FOR INFANTS. also makes some objection to such transfer without the decree of this honorable Court. To the end, Sec. That the wills of the said A. C. See. may be established, and that it may be decreed that the Accountant-General do transfer to Plain- ' tiffs R. M. and Defendant W. H. upon the trusts aforesaid, one moiety, and also one-third of a moiety of said £ 3 per cent. &c. and pay them a just proportion of said dividends accrued due thereon since the death of said T. C, and to accrue due thereon before such transfer, and that he may also transfer the remaining two-thirds of one moiety of said £ and the dividends thereof, to or for the use of the Plaintiffs I^^ P. the younger, W. P. &.c. in equal proportions, and that in case any such will shall be pretended to have been made by said T. C. as aforesaid, then that an issue may be directed to try the validity thereof, and if such will shall be found on the trial of such issue to be valid, then that so much of said moiety as is ""hot effectually disposed of may be paid to Plain- tiff R. M. and Defendant VV. H. with the dividends thereof, upon the trusts aforesaid ; and for further relief. Bill to raise a Sum of JMoney ztliich Jiad hecu paid by Plaintiff, Tenant jor Life under a fVill, to make up a Legacy charged on such Estate, the next Tenant in Tail being an Infant. Freehold — Copyhold — Rever- sions — Personals. States, that J, N. late of, Sv.c. deceased, in his life-time was seized of in fee-simple, and in possession of, divers freehold nianors, messuages, farms, lands, tenements, and hereditaments, situate, &.c. and also seized of, or well entitled to him and his heirs, according to liie custom of the sevfral manors of which the same were holdcn, of divers copyhold hinds, hereditaments, and premises, situate, iJvc. ; and also entitled to the re- version in fee-simple, expectant on the death of, &c. of or to divers other freehold lands, estates, or premises, &c. situate, &c. of consider- able yearly value in the whole ; and also possessed of or entitled to a personal estate and effects, to a large amount and value in the whole, and being so seized, and having duly surrendered his coj>yhold lands and piem.ses, according to the custom of the several manors of which the buiiie were respectively holden, to Uie uses of his will, duly made and published his last will and testament in writing, &.c. It then goes on to state the death of 'I'estator, leaving Plaintiff, an in- fant, his eldest son and heir at law, his daughter, also an infant, him sur- viving. I'Accutors proved. But two of the trustees never in any manner acted in the trusts and executorship of will, or possessed any i)art of Tes- tator's estate or (flicts, or of the produce thereof; \V . Vi. alcuie acted in tin- trusts and executorship of will, and by virtue thereof, or of ihe pro- bate BILLS FOR INFANTS. 267 bate thereof, possessed himself of the personal estate and effects of or be- longing to the said Testator at the time of liis death, to a large amount and value in the whole, and nmch more than sufficient to pay all his funeral ex- penses, debts, and the several legacies given and bequeathed by his said will, except said legacy of £ to said W. his daughter, Plaintiff's sister ; and soon after 'IVstator's death, all his debts, together with the several legacies given by liis will, except £ were duly paid and satisfied out of Testator's personal estate and effects not specifically bequeathed by will. That in tenant for life of estates mentioned in the will died. Plaintiff attained his age of twenty-one, and became entitled, by virtue of will, aS tenant for life, to possession of all his aforesaid estates, and he accordingly entered upon and took possession of same. That VV. R. who alone acted in the trusts and executorship of will, upon or soon after Plaintiff's attaining his age of twenty-one, passed or settled his accounts with Plaintiff' touching the personal estate and ef- fects of Testator, and paid unto Plaintiff the sum of £ , being the balance then appearing to remain in his hands on the taking said account, and also transferred unto or into the name of Plaintiff, several capital or principal sums in government securities, and in the stocks or funds, to the amount or value of £ or thereabouts, being the remainder of the residue and clear surplus of said Testatoi's 'personal estate and efiects. That in , W.*N., Plaintiff's sister, intermarried with the right hon. sir J. S. bart., and that they had issue one son only, J, S. now an infant ; in Plaintiff's sister died, leaving her husband sir J. S. and the said J. S., then and still an infant, her eldest and only son, and also her heir at law, her surviving. W. R. during minority of Plaintiff*, paid respective sum«, given and directed to be paid by the will, for the maintenance of W. N. Plaintiffs sister, out of personal estate of Tes- tator. And from and after Plaintiff's attaining his aaid will, amongst other things, gave and be- queathed unto your Orator, S. K. the sum of.£ , of lawful money, rithout revoking or altering his said will, save by the said codicil, and^ without revoking or altering the said codicil, or any part thereof; \\here- upon the said R. B. the executor in the said will named, duly proved the same in the proper Ecclesiastical Court, and undertook the executorship thereof, and possessed himself of the personal estate and effects of the said Testator to a very considerable amount, and more than sufficient to dis- charge his just debts, funeral expenses, and legacies. And, 6vc. that the said F. K. in the said \\ill of the said Testator named, and your Oiator andOratrix, 11. K. the younger, and S. 1\. were tiie onlv children of the said M. K. in the said will named, who were living at the time of the death of the said '1 estator, became entitled to have and receive his said legacy of c£' , so bequeathed to him as aforesaid, and also his third J 'art or share of the said residue of the personal estate and effects of the *aid 'lestatnr, afl» r ])aMnent of all his just debts, legacies, and funeral ex- JM uses ; and \our Oralrix, S. K. is eutuh d to have her said legacy of •t,' , and also her third part or slrue of tlie said residue secured for lier beudit, 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 admi- nistrator of the said J. K. as aforesaid, to have and receive the remaining llurd purler s>hart of the said residue. /\nd, ^c. that the said J. K. departed BILLS FOR LEGATEES. 27l departed this life on or about, &c. intestate, and that, since his death, your Orntor, the said H. K. the ehler, has ol)taincd letters of administra- tion of the personal estate and effects of the said J. K. And, &c. that your Orator, H. K. the younger, attained the age of twenty-one years, on or about, &c. and being so entided, your Orators liave made frequent applications to the said R. B. to have the said legacy of <£ , and the said two-third shares of the residue paid to them respectively. And your Oratrix hath also applied to him, the said R. B. to lay out and in- vest her said legacy of c£ , and her third share of her said residue, nj)on 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 he, the said Defend- ant, would have complied, as in justice and equity he ought to do. But DOW so it is, &c. absolutely refuses so to do, sometimes pretending that the said Testator never made any such will, as is hereinbefore stated. Whereas your Orators and Oratrix charge the contrary thereof to be true, and so the said Defendant will at other times admit. But then again he pretends, that the said Testator's personal estate was very small and inconsiderable, and not nearly sufficient to pay and satisfy his just debts and funeral expenses. Whereas your Orators and Oratrix ex- pressly charge, that the personal estate and effects of the said "^Festator were much more than sutllcicnt to discharge the said Testator's just debts, funeral expenses, and legacies ; '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 so to do. All which, &c. To the end, therefore, See. that they may set forth whether the said Testator did not make his will and codicil of such date, purport, and effect, as are hereinbefore stated, or of some otiier, and what purport and effect in particular ; and whether the said Testator did not depart this life at or about die time in that be- half before mentioned, ov any, and what other time, and whether he ever, and when, and how in particular, revoked or altered his said will, save inasmuch as the same miglit be revoked by the said codicil, and Avhether he ever, and when and how, revoked the said codicil ; and whe- ther die said R. H.in the said will named, did not die in the life-time of the said lestator, and whether the said Defendant did not prove the same in some, and what Ecclesiastical Court, and did not take upon him- self the execution thereof, and is not the personal representative ot the said Testator, or who is such personal representative in particular ; and whether the said Defendant hath not possessed himself of the said ^I'es- tator's personal estate and effects to a considerable, or some and what amomit, and whether the same are more tha\) sufficient to discharge his just debts, funeral expenses, and legacies ; and whedier the said J. K. deceased, and your Orator and Oriitrix, H. K. the younger, and S. K. were not 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 whedier J. K. did not depart this life on or about the time aforesaid ; and whether the said J. K. did not die intestate : and whether your Orator, the said H. K. the elder, has not obtained letters of administration of his personal estate and etfccts, to be granted to him, or who else in particulai has obt.'.ined such 272 BILLS FOR LEGATEES. such letters of administration, and whether your Orator, the said H. K. the younger, did not, at or about the time aforesaid, attain liis age of twenty- one years, or at what other time, and whether your Orators and Oratrix are not entitled as aforesaid or if not, why not ; and whether they have not made, or caused to be made, some such apphcations as aforesaid, or some other, and what applications ; and whether the said Defendant hath not refused to comply therewith, and for what reason in particular, and that the said Defendant may set fordi a particular account of all and every the personal estate and etiects of the said Tei?tator, come to his hands or use, and also an account of the manner in which he hath, or dis- posed of the same, and every part thereof. Prayer. i\nd that the said Defendant may answer the premises, and that an account may be taken of the personal estate and effects of the said Testator, come to the hands of the said Defendant, and also an ac- count of his fimeral expenses, debts, and legacies, that the same may be applied in a due course of administration, and that the said De- fendant may be decreed to pay to your said Orator H. K. tiie younger, his aforesaid legacy of £ , and that the clear residue of the said Testator's personal estate and efitects may be ascertained, a»)d that such sliare thereof as shall appear to belong to your Ora- tors, 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 purj)oses, all proper directions may be given. And for general relief, &.c. J.L. Bill bij rcsiihutry Legatees against Edxcutors to establish a JVill for the usual Accounts, that Executors may be charged with any Losses for not laying out Money as directed; that IFidow may sign and deposit an Inven- tory of Household Furniture to ichich she xvas entitled for Life. Humbly complaining, shew unto your Lordship, your Orators and Oiairixes J. A., of, See. S. P., of, &,c. wiilow, li. U., of, Ike. spinster, li. A., of, &.C. v.'idow, and G.T. VV. and A., his wife; that K. A,, late of, ik.c. duly made and published his last will and testament, in writing, bearing date, &c., which was executed and attested, as by law is re<|iiire(i for p.issing real estiites by devise, and thereby, after giving two pecuniary le;jaci Pray Suhpxna against J. B, an4 assigiiees of W. W, SECT. 280 SECT. XVIII. BILL FOR AN ANNUITANT. Bill by Anniiilant for an Accoiutt of Money produced by Sale of'Timber, it having been Jelled for the Purpose oj redeeming his Annuity , and the Trustees hating applied it in Discharge of the Arrears of another Annuity. Humbly complaining, sheweth unto your Lordship, your Orator, J. B. of, &c. that by indenture bearing date, Sec. , C. S. of, &c. did grant unto your Orator, an annuity of £' payable half yearly during the life of the said C. S. and for the better securing the repayment thereof, the said C. S. did thereby assign unto, or iu trust for your Orator, the dividends and interest of the sum of ^ 3 per cent, consoli- dated bank annuities, then standing in the name of, Sec trustees named iu the marriage settlement of the said C. S. And it was thereby provided and agreed, that the said C. S. should be at liberty to re-purchase the said annuity, upon giving three mouths notice thereof to your Orator, his executors, administrators, and assigns, as in and by, &.c. And your, &c. that the said C. S. being entitled, as tenant for life, and in the possession of certain real estates hereinafter mentioned ; and the said C. S. having proposed to purchase the said annuity, upon the terms provided by the said indenture of the , and to raise the sum necessary for that purpose, by a fall aud sale of timber then standing upon the said estates, to which your Orator consented and agreed, the said C. S. duly executed a certain instrument in writing, or power of attorney bear- ing date. Sec. whereby, after reciting, Sec. (appointed I. H. of. Sec. VV. B. of, Sec. and W. (J. of. Sec. three of the Defendants as the attor- nies, to fell the timber, and to sell and to apply the produce in the redemption of the annuity. And your. Sec. that by an instrument in v.riting, bearing date, Sec. (being a declaration of trust, that the money received by the trustees in the fall of timber, was to be applied in the repurchase of Plaintiff's annuity) as in and by. Sec. And yuur. Sec. that after the execution of the said last-nientioned instrument, the said I. H. W. B. and \V . C by virtue of the suiil power of attorney, caused divers large quantities of timber, which wore growing on the said manors and estates, or some «jf ihcm, to be felled or cut down, and sold and dis- posed of, and the said W . C. received the monies arising by such sales, which amounted in the whole to the sum of c£ and upwards. And your. Sec. that ihc said VV. C. notwithstanding the directions contained in the said insliumfnl, or power of altoriicy, refused to apply th'e money receivi'd b) iiini from the sale of the said timber in the repurchase of your Orator's said annuity, but liaih, with the consent of the said I. H. and W . 1j. applied the same to his owu use, or for some purposes not autho- lizcd BILL FOR A>r ANNUITANT. 281 rized by the said power of attorney, and without your Orator's concur- rence and consent, and expressly contrary to a notice given to him by your Orator's soiicilor in that behalf, and which apphcation so made by him the said VV. C. was in direct breach of the trust reposed in the said I. H. VV, B. and VV. C. by the said instrument or power of attorney, and which they undertook to execute. And your, &c. that your Orator was and is, under and by virtue of the aforesaid power of attorney, and the appropriation thereby made of the said timber, and tlie money to arise by sale thereof, entitled to have a sufficient part of the said money (after deducting the charges and expenses attending the said sale, and the executiou of the said trust) applied in the repurchase of your Orator's said annuity, upon the ternis provided by the said inden- ture of the day of ; and your Orator being so entitled as aforesaid, he has, by himself and his agents, many» times applied to the said I. H. VV. B. and VV. C. and requested them to account with your Orator for all the monies which have been received by them or either of them, or by any other person or persons, by their or any of their order, or for their or any of their use, for or in respect of the sale of the said timber, and to pay the same, or a sufficient part thereof, in or towards the repurchase of the said annuity of £ . And your Orator mcU hoped, &c. But now so it is, See. they the said Defendants refuse to comply with your Orator's said request, some- times pretending that the said C. S. never executed such instrument, or power of attorney as aforesaid, or any other instrument or power of attorney whatever, for the purposes aforesaid. Whereas your Orator charges the contrary of such pretence to be true as aforesaid. And so the said Defendants will at other times admit. But then' they pre- tend, that they the said J. H. VV. B. and W^. C. never did cause any timber or other trees whatever, which were growing on the aforesaid manors and estates, or any of them, to be felled or cut down and sold and disposed of, under and by virtue of the said power of attorney, nor ever receive any sums or sum of money arising by such sale, or any part thereof. Whereas your Oiator charges the contrary of such pre- tences to be true, and so the said Defendants will at other times also admit. But then they pretend, that the said VV. C, hath accounted for, and paid the money arising from the sale of the said timber to the De- fendants J. VV. and F. E. and to their late partner F. B. now deceased, who, as such co-partners, were entitled to receive the same in preference to your Orator, and had some preferable claim or lien thereon, and had obtained some order of this honorable Court for the payment thereof, upon the said VV. C. Whereas your Oiator cliarges, that the said J. VV'. F. E- and F. B. had no lien or claim whatever thereon, nor any right or title to receive or call upon him the said Defendant VV. C. for the payment of the same, or any part thereof, or to compel him to account for, or pay the same or any part thereof. And that if in truth any order of this honorable Court was made, respecting the payment of the said sum of money to the said I. W. F. E. and F. B. or in any manner re- lating thereto, yet that this honorable Court was surprised in such order, and Was not in any manner apprized of the truth of tlie said transaction ; and that the said VV. C. confederating with the said I. VV. F. E. and F. B. purposely suppressed or concealed from this honorable Court, the ^82 BILL FOR AN ANNUITANT. the autbority under which the said timber had been cut, and the purpose for which it was meant to be applied. And your Orator further charges, that upon payment being made to the said I. W. F. E. and F. B. by the said Defendant W. C. (in case any such was made) he the said De- fendant required and took from them some indemnity or security against the right or claim of your Orator to such money. And your Orator further charges, that if the said sum was paid by the said VV. C. to the said I. W. F. E. and F. B. the same was so paid to them, under the pre- tence, that considerable arrears were due to them as co- partners, in respect of an annuity granted to them by the said C. S. ^Vhereas your Orator charges, that the said I. W. F. E. and F. B. had, at the time of such payment, by their receipts from the estates and property of the said C. S. been fully paid all arrears of their said annuity. And your Orator charges, and humbly insists, that the said Defendants I. H. W. B. and W.C. having accepted the trusts under the said power of attorney, ought to have paid the said monies arising by such sale as aforesaid (after such deduction as aforesaid) or a competent part thereof to your Orator, in or towards the repurchase of the said annuity of JE . And that the said Defendant W. C, having paid the said monies arising by such sales afore- said, contrary to the directions contained in the said power of attorney, was guilty of a breach of trust in so doing, and made himself personally liable to answer and pay the same to your Orator. And your Orator further charges, that the said I. W. F. E. and F. B. were, at or about the time of the making of the said power of attorney, fully apprized of the same, and of the purpose thereof, and did, by a letter, written by their solicitor, fully assent thereto. But nevertheless, the said Defendants refuse to comply with your Orator's aforesaid requests. And at some times the said Defendant C, S. claims some right or interest, to, or in such monies, or some part thereof. And the said Defendant C. S. resides abroad out of the jurisdiction of this honorable Court. All which, &c. To the end, 8cc. And that an account may be taken of all and every the monies which have been received by the said I. H. W. B. and W. C. or by any person by their order, or for their use, for or in respect of such sales as aforesaid. And that the said Defenda^lts may be decreed to pay what shall appear to be due from them respectively, upon the taking the aforesaid account. And that the same, after such deduction as aforesaid, or a competent part thereof, may be paid to your Orator, in or towards the repurchase of the said annuity of £ . And for further relief, &c. . R.S. JSECT, 283 SECT. XIX. HILL FOR DOWER. Bill by an Infant against EAccutor.s, and Testator's fVi- dow claimiug Doivcr, for an Account of real and per- sonal Estate and IncumbranceSy affecting real Estates. Humbly complainjxig, 2tc. your Orator, J. D. an infant under the age of twenty-one years; that is to say, of tLe age of three years, or tliere- abouts, by J. L. of D. Sic. his next frieml. That J. D. late of, &c. the father of your Orator, was, at the time of uiakiiig his will hereafter men- tioned, and at his death seized in fee-sim|)!e of or otherwise well en- titled to divers freehold estates, situate, &,c. and was also possessed of, interested in, audwell entitled to considerate leasehold and other personal perty, and that the said J. D. duly made aud published his last will and testament in writing, which, it is alledged, was duly executed and at- tested, as by law is required, to pass real estates, and thereby devised all his freehold estates uuto your Oratoi" and his heirs, and gave unto your Orator the residue of his personal estate, after payment of his funeral expenses and debts, and thereby appointed 11. P. &c. of, and W. B. of, &C. two of the Defendants hereinafter named, his executors thereof, as in and by, &c. And your, &c. that the said Testator departed this life soon afttT the making of his said ^vill, without liaving, in any manner, revoked or altered the same, leaving E. D. another Defendant hereto, his widow, and leaving your Orator, his only son and heir at law. And that the said H. P. and W. B. upon or soon after the said Testator's death, duly proved his said will in the proper Ecclesiastical Court, and undertook the executorsliip thereof, and, by virtue thereof, possessed themselves of his personal estate and efifects, so far as they were able ; and the said also entered into die possession of the freehold and leasehold estates, vrhich were of the said Testator, or into the receipt of the rents and prolils thereof, and have ever since continued, and now are in such pt>ssessioi! or receipt. And your, &c. that repeated applications have been made on the part of your Orator to the said , to come to a lair and just account lor the personal estate and etfects of the said Tes- tator, and of their application thereof, in order that the clear residue thereof may be ascertained and secured for the benefit of your Orator; and, in like manner, to account for the rents and protits of the said Tes- tator's estates, received by them as aforesaid. And your Orator well hoped, &:c. But now, ^c. Pretence assets insufficient; charge con- trary. And the said Defendants, at other times, pretend that the real estates of the said Testator were in some manner mortgaged or incum- bered by him, in his life-lime ; and that the rents and profits received by them have been duly applied in keeping down the interest on such in- cumbrances, but the particulars of such incumbrances they respectively refuse 284 BILL FOR DOWER. refuse to discover. And your Orator further charges, that the said E. D. the widow of the said Testator, claims some right and interest in the real estate of the said Testator, by way of dower or thirds ; but how, or in what manner, she makes out such claim, she refuses to discover. All ^vhich^ &.c. To the end, &.c. Prayer. That an account may be taken of the personal estate of the said Testator, J. D. which have been possessed or received by the said Defendants, or either of them, or any other person or persons by their, or either of their order, or to their, or either of their use ; and that the same may be applied in a due course of administration, and the clear residue thereof ascertained and secured for the benefit of \our Orator ; and that an account may also be taken of the rents and profits of the said Testator's real estates, which have been pos- sessed or received by the said Defendants, or either of them, or by their, or either of their order, or to their or either of their use, and of their application thereof ; and that some proper person may be appointed to receive the rents and profits of the said Testator's real estates, by and under the direction of this honorable Court ; and that some proper person or persons may also be appointed the guardian or guardians of your Orator, with a suitable allowance for his maintenance and education for the time past, and to come. And for further relief. J. L. SECT. 285 SFXT. XX. — BILLS FOR LITERARY PROrLRT>. Bill to restrain from printing and publishing the Trial of Lord Viscount M. the exclusive Right having been given to Plaintiffs by the Chancellor^ by Order of the House of LordSt arid for an Account. Slates, that H. L. V. M. was, in the month of and now- last past, tried in the High Court of Parliament on articles of impeacli- ment, for high crimes and misdemeanors, exhibited against him by the knights, citizens, and burgesses, in Parliament assembled, in the names of themselves, and of all the Commons of Great Britain and Ireland, That, by an order made by the Lords Spiritual and Temporal, in Par- liament assembled, on the month of , it was ordered that your Lordship should give orders for the printing and publishing said trial, and in addition thereto, the several questions put to the Judges on Tues- day and Friday , of said month of , and their answers thereto, and that no other person should presume to print the same, as, by the journals of the House, will appear. That, in pursuance of the said order, your Lordship was pleased to appoint Plaintiffs to print and publish tlie whole proceedings in said House, upon said impeachment, and to forbid any other person to print or publish the same, as by such appointment, in custody of Plaintiffs, will appear. That, under the authority, and by virtue of said appointment. Plaintiff, who had been employed by the direction of the said House of Peers to take down said trial in short-hand, have, at a very considerable expense to themselves, been preparing to print and publish said trial, and other proceedings, on said impeachment, and same are in great forwardness, and nearly ready for pubUcation. And Plaintiffs well hoped to have had the full benefit of said appointment, and of publishing said trial in pur- suance thereof, and that no person would have interfered in publishing or printing said trial or the proceedings thereon, or any part thereof. But now so it is, &c. Cliarge,ih^i Defendant, J. C. hath printed, or caused to be printed, and said Defendants, T. N. L. he. have published and sold, or caused to be published and sold, a book or volume, purporting to contain said trial and proceedings thereon, and they, said Defendants, have respectively so printed and published, or caused to be printed and published, same trial, and advertized same for sale, under the title and in the words and figures following ; that is to say, " The trial, by impeachment, of Henry Lord " Viscount M. for high crimes and misdemeanors^ before the House of " Peers, in Westminster Hall, between the and ; to " which QS6 BILLS FOR LITERARY PROPERTY. " which is prefixed a sketch of the life and pohtical character of hi« " Lordship, and compkte account of the proceedings in Parliament re- ** lative to the charges on which the inipeachuient was founded." And in such advertisement it is expressed that said trial, book or work, is sold by them, said Defendants, at the price of 10.9, 6d. each in boards, or to that effect. And said last named Defendants respectively have or halh sold, or caused to be sold, a great number of copies to the amount of several thou- sand copies of said trial and proceedings, so published and advertized by them respectively as aforesaid, and have or hath many hundretl copies more of the same printed book, ready for sale, and they, Deiendants, are still continuing to sell same ; and they have received considerable su'.ns, and have made, and still do make considerable profit by the sale of such book, and so countenance such proceedings ; they Pretend that such book, so printed and published, and advertized for sale, and sold, does not contam any partof said trial of said Henry Lord Viscount M. in said High Court of Chancery, or of the proceedin.gs on said impeachment, or that such part, if any, is inconsiderable, or that said publication contains other matter, which is their property. Charge, that said publication, book or work, contains the speeches and evidence, or great part of the speeches and evidence delivered and given upon said trial, and the defeinre of said Henry l..ord Viscount M. bv his counsel, and other parts of the proceedings on the said trial, and that the rest of said publication is very considerable, and so said Defendants Avell know, but contend they have respectively desisted from publishing and selling said book, the contrary whereof Plahitifrs charge to be the truth. Charge, that although Defendants, T. N. L. &c. have, as they have alleged, discontinued the sale of said work, at their own shop or ware- house, yet the same is now selling at tlie shops or warehouses nt ar to or adjouiing the shop or warehouse of them the said last named Defendants, and at divers other places. Charge, that said publication is now selling, and sold by the direc- tions, and on the account and for the benefit of said last named Defend- ants ; and said Defendant, J. C. thieatens and intends to j>rint, and said other Defendants threaten, and inltnd to continue to publi,sh and sell the said trial, for their own benefit, and refuse to account with Piaintili8 for the profits which they have already made for the publication and sule thereof. AW wiiich, &,c. Whether, &.c. Praj/er. And that they may set forth a full, true, and particular account of all tiie numbers, parcels, or copies of the said book or publi- cation, which they, or cither of them, or any person, by their or either of their order, or for their or either of their use or benefit, have or hath sold or disposed of, or caused to be sold or disposed of, and when and ' by whom, and to whom, and for what sums of money the same respectively were sold and di'posrd of; and also a full aud particular account of all the prolits which they, and each of tlieni respectively, or any person or pei sons by their, or either of their order, or for their or either of their U9C^ have or hath made, by means of said sale and publication, and BILLS FOR LITERARY PUOPEUTY. 2S7 and tliat Defendant, J. C. may set forth how many, or what num- ber, of copies of said books, work, or publication, he halh printed, or caused to be printed. And that all the s.iid Defendants may be respectively restrained by the order and iujiniciion of this honor- able Court, from the further prin!ini>-, publishing, selling, or ex- posing to sale, by themselves, or their agents or servants, the said book, work, or publication, or so nnich ihereof as concerns or re- lates to the suid trial of the said Henry Lord Viscount M. and the proceedings thereon, or any other book, work, or publication con- taining the same, or any part of the said trial, or the iKoceedings thereon ; and that said Defendants, T. N. L. T. il. C. O. and O. R. may be decreed to come to a just and fair account uilh Plaintiffs for the produce and protits of t!ie said book, work, or pub- lication, and to pay to Plaintiil's what shall be found coming t3 them on the taking of such account, after making to them, the said last named Defendants, all just allowances. x\nd for further relief. J.J. N. B. Upon the filing of this bill, the Plaintiffs moved for an injunc- tion to restrain the Defendants from printing and publishing, i^vC. upon which tlie Defendants submitted a case of the circumstances for the opi- nion of the Solicitor General, whether the Lord Chancellor, by order of the House of Lords, had the power of granting the exclusive right of publication, and whether an injunction could be obtained, or an action brought either in a court of equity or law against Defendants, for such publication ; upon which case, the Solicitor General gave the following opinion. " 1 anj of opinion, that by law Messrs. G. have not the exclusive privilege to publish the trial of lord INL and that they could not, by filing a bill in equity, obtain an injunction to restrain any person from publish- ing the trial, or maintain an action against any person who published it ; but the House of Lords, having made an order that no person shall pre- sume to publish the trial, but under the orders of the Lord Chancellor, I apprehend that the House would, upon a complaint being made to them, consider any person who printed it, except Messrs. G. as guilty of a breach of privilege, and would probably commit such person to prison for that offence. The legality of such a commitment might be questioned by the party suing out a writ oi' habeas corpus, I cannot say, with confi- dence, what would be the result of such a proceeding, but the strong in- clination of my opinion is, that the order of the House of Lords coidd not legally be enforced, and that a commitmeiU, founded upon it, could not be supported." S. R. The motion for the injunction was made by the Attorney Genera!, on the , which was resisted by Mr. P. Mr. F. and Mr. L. upon ihe ground that the court would not grant such injuuctioii, unless a clear right was shewn to exist. The Lord Chancellor, h.owever, thought otherwise, and granted the injunction, and founded liis judgment solely upon the case of Bathurst v. Kears.'ey, which was thought to be rallier a strain of prerogative. mil 288 BILLS FOR LITERARY PROPERTY. In the Exchequer, Bill by the Ozciier of' a musical CopyrigJit, against a Dealer in Jllusic, icho had injringed his llight ; In- quiry as to Books. Humbly complaining, sliewetli unto your Honors, your Oratf)r, W. F. of, &c. musical instrument maker, debtor, &:c. that J. H. of, &c. com- posed an overture or symphony for several instruments, sonatas U>t the harpsichord, with an accompaniment for a violin and violincello, hereinafter more particularly mentioned. A»id your Orator further sheweth unto your Honors, that the said J. H. being the author and com- poser of the said musical works, was entitled, to him and his assigns, to ihe sole liberty of printing ;md reprinting such works, for the term of years, to commence from the day of tirst publishing the same, and being so entitled, he sold and assigned to your Orator, for a full and valuable consideration, which your Orator duly paid him all his aforesaid compensations, and all his, the said J. H.'s right, title, and interest in them, and every of them. And the said J. H. caused to be delivered Xo your Orator a ]S1S. for the same ; and your, Sec. that your Orator caused the said overture to be engraved at a great expense, and first published the same on or about, &.c. under the name and description of a favourite overture, in all its parts, composed by J. H. of, &c. and published by his auxhouty (itate the other puOli.ccit ions in the same ziay). And your, &c. that he hath always had exposed to sale a sufficient number of these overtures or symphony, and of the said works, called, Sic. for the use of the public, at a fair and just price, and now hath a great number of copies of the said overture or symphony, and of the said books or works re- maining on his hands. And your, &.c. that J. L. and F. B. Defendants, here- inafter named, who carry on a copartnership together, as music sellers, un- der the name, stile, and firm of, S:c. have, without the consent of your Orator, caused the said overture or symphony to be set for the harpsichord, and then to be engraved and printed ; and have also caused the said works or books, called, &Lc. or some part or parts thereof, to be engraved or imported, or knowing the same to have been so engraved or imported, without the consent of \ our Orator, have published, exposed to sale, and sold, or caused to be published, and exposed to sale, many copies of the said overture, so set for the harpsichord, and of the said, Scc. or of some part or parts thereof, and to conceal their said piracy, they sent the plates on which the said music, or some part or parts thereof, was or were en- graved, beyond sea, and caused the same to be printed there on foreign paper, and then imported the same ; and the said J. L. &c. have also i« their possession or power, a number of copies of the said overture vr symphony so set, and of each of the said works, Sec. or of some part or parts thereof, which tliov know to have been jninted or imported wiih- out the consent of \our Orator, and which tluy thnalen to juhlish, ex- pose to sale, and sell. And your, Sv.c. th.at liaving purchased ilie copy- right in the said overture or symphony, and in the said works, &,c, of the said J. H. the author and composer thereof, }our Orator has a right to all the benefit to be deiivod from the ownership or property thereof, lor the term of vears from the day of the first publica- lioD of the same respeclivily ; and that, having such right, and the said .1. 1^. &c. havuig. as aforesaul, already iufriu'ji d, and threatening hero- after to infiinge the stnne, \our Oralid which of them, or any and what copy or copies of them, or any and which of them, in liis or their, and vjiich of their custody, possession, or power. And that the said confe- derates may set forth, in the very words and figures thereof, all and sin- gular the said entr> or entries, account or accounts, and may also leave the said book or books in the hands of their clerk in Court, for the in- spection and perusal of your Orator or his agents ; and whether the said confederates, or either and which of them, or any and what other person or persons by name, by their, or one and which of their order, or with their, or one and which of their privity, hath not, or have not lately jde- siroyed the said book or books, or at least the said entry or entries, and it not, what is become of the same ; and whether the said confederates, or one and which of them, do or doth not know or suspect, or have or hath not any and what reasons to know or suspect, what number of the said operas, and of the said symphony or overture respectively, they caused to be thrown ofF and printed, and how many of the same respec- tively they originally caused to be thrown off and printed, and whether they, or one and which of them, or any and what other person or per- sons by name, for their, or one and which of their use, or with their, or one and which of tiieir privily, have not or hath not, in his or their possession, custody, or power, or hilely had, any and what receipt or receipts, account or accounts, entry or entries, writing or writings, relat- ing to the printing of the said, Scc. and to the number of the same that was thrown o^ and printed, and that they may set forth the same in the very words and iigures thereof; and nuiy also leave the same in the hands of their clerk in court for the inspection and perusal of your Ora- tor oi his agents, and uhether the said confedtjates, or one and which of them, do or doth not know or can set forth, either as to their knowledge, intormaation, or belief, how many copies of the same remain undisposed of, and how many of the same respectively they the said confederates, or cither of them, liave or hath upon hand ; and tliat the said Defendants may leave m ilu; hands of their clerk in Court, for the inspection of your Orator or his agents, a copy of the said overture or symphony so set, &c. and a coj)y of each of the said, ike. or any part or parts of either of the said compositions which ihcy, or cither of them, have or hath so sold or Caused to be sold. Prayer, BILLS FOR LITJiRARY PROPEKTY. SQi Praijer. x\nd that an account may be taken, under the direction of this ho- norable Court, of all tlie tiuin and sums of money come to tlje hands of the said Di.'fendants, or either of them, or of any other person or persons, for their or either of their use, as the price or consideraiiou of the said overture or symphony so set, &c. and of the said books or works, or either of tliem, or of any part or parts of them, or any of them. And that the said Defendants may be decreed to pay the same to your Orator, and that they and each of tiieir agents maybe restrained by an injunction, issuing out of and undei the seal of diis honorable Court, from printing, engrav- ing, or importing, and also from publishing, exposing to sale, or selling, any copy or copies of the overture or symphony so set, &,c. and of tile said books or works, or any of them, or of any part or parts of them, or any of them, w hieh have been, or shall be printed, engraved, or itnported without the consent of your Orator, obtained according to law, until your Orator's aforesaid interest shall expire. And for further relief. V 2 siici- 292 SECT. XXI. BILLS OF INTERPLEADER. A BILL of Interpleader is where the person exhibiting the Bill claims no right in opposition to the rights claimed by the persons against whom the Bill is exhibited, but prays the decree of the Court touching the rights of those persons, for the safety of the person exhibiting the Bill. MH. 32. But that which is commonly called a Bill of Interpleader, is that which is exhibited by a third person, who, not know- ing to w horn he ought of right to render a debt or duty, or pay his rent, fears he may be hurt by some of the claim- ants, and therefore prays that they may interplead, so that the Court may judge to whom the thing belongs, and he be thereby rendered safe on the payment : as where two parties are pretending title at one and the same time to an estate, and are harassing and suing- the tenants for non- payment of rent. To this Bill the Plaintiff must annex an affidavit that he does not exhibit it by fraud or collusion with all, or either of the Defendants, or of any other person or persons, but only to be indemnified, and to pay his rent or debt safely, to such person to whom the Court shall order or adjudge the same to belong. The Plaintiff who brings a Bill of Interpleader com- monly offers by his Bill to pay tiie money or rent into Court, for the benefit of such party to whom the Court shall adjudge the same to belong : and in case he does not make such offer, the Court, upon application of either of the BILLS OF INTERPLEADER. 293 the Defendants, will order such Plaintiff to pay the money or rent into Court, or the bank of England, for the benefit of such party to whom the Court, at the hearing of that cause, shall decree the same. An interpleading Bill is exactly upon the footing of an injunction to stay waste, and may be supported by affidavit of material facts. 2 Ves. jiin. 101. It must appear by the Bill that there is some person ca- pable of interpleading, and it must shew that there is such a person in rerum natura as can interplead. It must also shew that each of the Defendants whom it seeks to com- pel to interplead, claims a right, otherwise both the De- fendants may demur : the one, because the Plaintiff shews no claim of right in him \ the other, because the Bill shew- ing no claim of right in the Co-defendant, shews no cause of interpleader. If the Plaintifl' shews no right to com- pel the Defendants to interplead, whatever rights they may tlaim each Defendant may demur. Mad. I'ol. i. p. 145. Bill $94 BILLS OF INTERPLEADER. Bill of Interpleader* by Tenant for Payment of Rents of leased Premises, with Ajjldavit anne.ved. Humbly complaining, sheweth unto your Lordship, your Orator A. B. of, &c. that your Orator was, in and before the month of , which %vas in the year, &c. tenant in possession of an undivided moiety or half part of, &c. at and under the yearly rent of £ , thereupon payable for the same, and which had been theretofore granted, together with the other moiety thereof, to him by indenture of lease, bearing date, &c. by one C. D. then of, &c. and who hath long since dejiarted this life, for a term of years, months, and days, which expired long since ; and your Orator continued in the possession thereof, and there then became and was due from your Orator the sum of £ as for years rent of the said preniises, at and after the rate of £ per annum, out of which your Orator claims, and is entitled to, an al- lowance of the sum of £ for taxes and other outgoings paid by him in respect of the said moiety of the said premises during the lime aforesaid, and which sum of £ being deducted from the said sum of c£ , leaves a clear balance of the sum of £ now due tfierefrom, and to be paid by your Orator to the person or persons en- titled to receive the rents and profits of the said moiety of the said premises. And your, &c. that your Orator hath always been ready and willing, and now is ready and willing, and hereby offers to pay the said sum of <£ , in such manner, and to such person or persons as this lionorable Court shall please to direct. And your Orators would have long since paid the said rent and the arrears thereof, had there been any person or persons to whom he could have safely paid the same. But now, &c. Defendants severally set up claims to the said one undivided moiety of the premises, and to the rents and profits thereof, and each of them the said confederates do severally and distinctly insist on some right and title to the rents, or arrears of rents, now due and owing from your Orator, for and in respect of the said one undivided moiety of the said premises, or some p;u t or parts thereof, and have and do demand the payment thereof, or of some part or parts thereof, from your Orator, and threaten to commence and bring several actions at law against your Orator for the recovery tliereof, and otherwise to vex and harass your Orator concerning the same. All which actings, doings, and pretences of the said confederates are contrary to equity and good conscience, and tend to the manifest wrong and injury of your Orator in the premises. h\ consideration whereof, and forasmuch as your Orator is remediless in the premises by the strict rules of the common law, and can only be relievable in a court of equity, where matters of thiii nature are pro- perly cognizable and relievable, 8cc. where your Orator may compel the .said claimants to interplead, and settle and adjust their rights and de- niauds between themselves, so that your Orator may be enabled to pay the said rent and arrears of rent with safety. To the end, &c. Prayer. And that they may severally set forth and discover v\ hat right or title they ami each uf them claim or have, in or to the buid moiety of the BILLS OF INTERPLEADER. 2^5 llie saiil premises, and iiow they and each of them derive and make out the same. And that they may set forth to uhich of them the sai(J rent and arrears of rent doth, or do of right belong, or is or are payable, or onght to be paid, and n)ay interplead, and settle, and a'.}just their said demands between themselves, yonr Orator being ready and willing, and hereby offering to pay the said rent and arrears of rent, to such of the said confederates to whom the same sliall appear of right to belong, being indemnified. And that yonr Orator may be at liberty to bring the same into this honorable Court, wliich your Orator doth hereby offer to do, for the benetit of Sj.ich of the several parties who shall appear to be entitled thereto. And tliat the said several Defendants, and each and every of theaj, may be restrained by the injunction of this honorable Court, from all proceedings at law against your Orator for the said rent and arrears of rent. And for further reliei', 8cc. T.N. The usual aflidavit against collusion as follows : — ■ Between A. B Plaintiff, and E. F Defendant. A. B. the above-named PlaintifT, maketli oath and saith, that he doth Mot in any respect collude with any or either of the Defendants above- named, touchnig the matters in question in this cause, nor is he in any manner indemnified by any or either of the Defendants, nor doth he exhibit his bill at the request, or with the knowledge of any 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, &€. See. B/il of Interpleader by a Leasee of Tithes against Rector (Did others, to whom the same had been assigned, to as- certain the proper Parties, and Injunction. States, that on or about the Plaintiff entered into an agreement in writing with Defendant J. rector of the parish of S. in the county of E. to take the tithes of corn, grain, herbr.ge, wool, and lambs, yearly, arising and growing m said parish of S. together with the pew ia the chancel of the cliurclj, and all profit, of what kind soever, belonging to said rectory of said parish (the parsonage house, cottage, glebe lands, and all other out-builuings thereunto belonging, only ««xcepted), for die term of six years from Michaelmas day, then last, and paying the sum of £ , clear of land-tax and all deductions, to be paid m manner following, viz. £ at Lady-day, and £ at Michaelniasdav in t'very year, for said term of six years, the first pa) meat tliereof to com- inence at Lady-day That in pursuance of said agreement, Plaintiff e^itcred into the pos- .session or receipt of the said tithes, and from time to time paid the said annual rent to DefenxiaiU J. till the vear ^ wh^•n he was infornicd by 2^6 BILLS OF IXTF.RPLEADEU. by Defendant J. tliat he had disposed of his interest in the said tithes, so long as he should continue rector of said parish, to Defendant, E. K. and had given him a power of attorney to receive said rent from PlaintitF, and that Plaintiff was to pay Defendant K. the rent due at the Michael- mas preceding, and all future rent to grow due from Plaintiff in respect of said tithes. That Plaintiff duly paid said rent to Defendant K. until the expiration of said term of years, and hath since the expiration of said term hitherto continued in the possession of said tithes, as yearly tenant thereof, at said rent of £ That soon after the expiration of said term of years, Defendant K. informed Plaintiff that he had given said tithes to his son the rev. W. W. K., and that Plaintiff was in future to pay said rent to him; and Plaintiff accordingly from thence until the death of said \V. W. K., which happened in or about the year , paid said rent to said W. W. K., and from and after the decease of said ^V. \V. K. Plaintiff paid said rent to H. K. his brother, and who claimed to be entitled thereto, and also produced to Plaintiff a letter of attorney from De- fendant K., authorizing him said H. K. to receive said rent from Plaintiff. That in or about , Plaintiff received a letter from a Mr. W., as solicitor to Defendant A., stating that said H. K. had, by two several indentures, dated respectively the, Sec, granted, bargained, sold, and contirmed, unto Defendant A. two several annuities of £, each, during the lives of him said H. K. and Defendant K., to be issuing, payable out of, and chargeable upon said tithes, amongst other pre- mises therein mentioned, and further stating, that the last half year's annuity which became due had not been paid by said H. K., and requiring Plaintiff therefore to pay Defendant A. the rent due from him for said tithes. That Plaintiff, in consequence of such letter, did, on or about , pay Defendant A. the rent of said tithes which accrued due between Mi- chaelmas and Michaelmas That in or about Plaintiff received a letter from Defendant K. claiming to be entitled to said tithes and the rent thereof, but Defend- ant A. still insisting upon his right to receive said rent from Plaintiff, and Plaintiff being advised that he could not with safety pay his rent either to Defendant K. or to any otiier person until it was clearly ascer- tained to whom it belonged, Plaintiff declined to make any pavment to- Defendant K. /J'hat in then last. Defendant K. commenced an action at law against Plaintiff, to recover from him what was due for rent of said tithes, but Plaintiff's attorney having procured a judge's order, that Defendant K.'s attorney should deliver to Plaintift's attorney a statement of De- fendant K.'s place of abode, and that the proceedings should in the mean time be stayed, such order has never been complied with, and said action has been discontinued. lliat Defendant J. the rector of said parish of S. now also claims to be entitled to receive said rent from Plaintiff, and hath lately commenced an action against Plaintiff in the Court of King's Jknch for recovery of kaid rent, which is still depending, and said Defeadaut intends to prose- cute same. Tliat BILLS OB^ INTERPLEADER. 297 That on or about Plaii)ti!T received a notice in writing, signed by Defendant!'. P., as follows: " Sir, 'J'liis is to request," ik.c. (to pay tithes to liim, same having been assigned to him by deed. That Plaintirt" halh been informed that die deed referred to in said notice, and under whicli Defendant P. claims to be enlilled to receive the rent of said tithes from Plaintiff, was executed by said H. K. subse quent to the grant of the aforesaid annuity to Defendant A. That there is now due from Plaintiff" years rent of said tithes, from Michaelmas , making in the whole the sum of £ , and Piaintifif is, and at all times has been, ready and willing to pay the same, to whomsoever shall appear to be entitled thereto, but by reason that all the Defendants persist in the several adverse claims before men- tioned, and threaten and intend to proceed at law against Plaintiff for the recovery of said rent. Plaintiff is advised that he cannot with safety pay the same to any of the Defendants, but that tliey ought to interplead together touching their right to sajd rent, in order that Plaintiff may know to whom same ought to be paid, and that Defendants ought iu like manner to be restrained, by the order and injunction of the Court, from prosecuting, proceeding in, or commencing any action or actions at law against Plaintiff, for or in respect of the matters aforesaid. To the end, Stc, Praye7\ And that the Defendants may answer the premises. And that they may be decreed to interplead together, and that it may be ascertained, in such manner as the Court shall direct, to which of them the rent of said tithes doth belong and ought to be paid. And that Plaintiff may be at liberty to pay the rent now due, and to grow due from him for and in respect of said tithes, into Court, which he offers to do, for the benefit of such of the said parties as shall appear to be entitled thereto. And that Defendants may in the mean time be restrained from proceeding in prosecuting or commencing any action or actions at law against Plaintiff, in respect of the matters afore- said. And for further relief, 2cc. J. L, Affidavit annexed to Bill of Interpleader. In Chancery. ^ Between, &;c. The said J. C. maketh oath and saith, that he has exhibited his bill of interpleader against the Defendants in this cause without any fraud or collusion between him and the said Defendants, or any or either of them ; and that he the Plaintiff hath not exhibited his said bill at the request of the said Defendants, or of any or either of them, and that the said Plaintiff 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 the Plaintiff for the recoverv of the rent of the said tithes in the said bill mentioned. BiU 293 BILLS Ot IX'IERPLEADER. Bill of Interpleader by a Tenant y whose Gooch had been distrained by one of two Tenants in Co?nnion, for the 7vIiole Rent due afier he had Notice from the other Tenant in Common not to pay his Rent to the Person distraining. That R.A. late of, &c. deceased, was in his life-time seized ia fee- simple, or some otl;er good estate of inheritance, of or in the messuagts or tenement, ground and hereditaments hereinafter mentioned, and being so seized and entitled, he did, by indenture bearing date, iSLc. and made between the said R. A. of the one part, and T. D. of the other part, for and in consideration^ &.c. (demised said premises for years, at the yearly rent o^ £ .) That the said T. D. from the date of the said indenture of lease, held and enjoyed the said ground, messuage, or tenement and premises, until about , when he quitted the business of a baLer, and let pai i thereof to R. L. a baker, and the oiiier part thereof to some other per- son, as tenants to him the said T. D. Tliat the said T. D. departed this life on or about, &c. having flr,-t duly made and published his last will and testament in writing, bearing date on or about, i\c. tmd thereby, (amongst olher freehold and copv- hoid estates) ga^^ ''I'^d devised to your Orulor, &C. (gave said premises upon certain trusts therein expressed, and appointed his wife M. D. and Oratrix joint executiixes.) That the said executrixes, shortly after the said T. D.'s death, duly proved tiie said will in the Prerogative Court of llie archbishop of C tmd the said M. D. is since dead, wiiereby your Oratrix became and is now entitled to the said ground, meii>uages, or tenenrents and premises, for the reniainder of the said term of years, if she should so long live. And the said ground, messuages, or tenements and premises, are Jiovv let, one part tliereof to the said K. L., and tlie other part thereof to E. S. as tenants thereof under Orator and Oratrix. 'i hat the said R. A. is also dead, having before his death duly made and i)nbri.->hed his last will and testament in wiiting, and thereby bequeath- ed to his heirs, whom he took to be E. 11. of, Slc. and E. D. of, tk.c. and to their heirs, all iii.s real est;itc, lands and houses, siliuite, &.c. subject to such charges and incumbrances as should be aftectmg the same at the time. of his death, and subjeil to an amiuity of <£ per annum to his three sisters in law, A., li., and C, for their lives, and die life of the survivor of them. 'J'liat from the decease of the said 11. A. one II. H., for and on the behalf of the said K. U. and \i. I)., received of tlie said T. 1). and M, his wife during their nspeelive lives, an for, and dcuianded the arrears of rent on the behalf, as he pretended, BILLS OF INTF.RPLKADER. 299 piTtcn. may deliver up to them the said bond to be cancelled. Awd for furdier relief. Bill of Inltrpleachr hij Tenants against E.rec/itors, under a If'^illi t^iid Trustees under a Deed, and against an Infant Tenant in Tail^ the Trustees elaiming an Apportionment cf the Rent to the Death of Tenant for Lije, and the Dvecutors elaiming tJie whole half-year s Rent for the Infant Tenant in Taily and an Injunetion to restrain them from proceeding at Laz^K States, that T. B. late of, &c. deceased, did, when he was of sound pud disposing mind, memory and imderstanding, duly make and publish his last will and testament, bearing date, &c. which was executed and attested in such manner and form, as by law is required, for {>assing real estates, whereby (amongst other thinp;s) he gave and devised, &c. (all his manors and messuages, &c. to lord M. and J. M. two of the Defendants, subject to certain annuities in trust for J. B. since deceased, for life, sans waste, remainder to his hrst and other sons in tail male, &.c. a power to ihe person who should be in possession, under hand and seal, to lease, &G. and appointed them executors) as in and by, Sic. That ■^Oi BILLS OF INTERPLEADER. Ihat part of the residue of the said Tefctator's personal estate, consisted of the sum of .t,' , lent by way of mortgage on the security of certain estates and premises, situate, &c. and that the mortgagor of the said mortgaged premises, having left the kingdom, ejectments were brought against the tenants of the said mortgaged premises, by the said lestalor T. B. and possession ihercof was recovered by him. That sometime after making the said will, the said Testator departed this life without altering or revoking such will, leaving the said J. B, him surviving, and he the said I. B. thereupon, under and by virtue of the said will, which hath since been established under a decree of this Court agamst the Testator's heir at law, entered into the possession and receipt of the said manor, hereditaments and prennses thereby devised, and also of the said mortgaged premises. But the said J. B. being some time afterwards much involved in debt, and being desirous of making a pro- vision for the payment of such debts, did, by certain indentures of lease and release, bearing date, &.c. duly convey all his estate and interest in the said premises, &c. and in the said mortgaged premises unto, &c. &.c. (State deeds short/y.) (To W. L. and T. two other Defendants, for the term of years, if he should so long live, upon trust to lease, &c. and manage estates, and allowing an annuity of £ to J. B. and surplus for his creditors) as in and by, &c. That the said I. B. departed this life on or about, &c, having duly made his will, and appointed G. i). another Defendant, with certain other persons, executors thereof, but the said G. D. alone proved the same, and acted in the execution thereof, and the said J. B. left J. B, another Defendant, an infant under the age of CI years, his eldest son him surviving, who thereupon became, and now is the first tenant in tail of the said manors, lands, and hereditaments, and also of the said mort- gaged estates and premises, under and by virtue of the limitations con- tained in the said will of the said T. B. and the said J. B. being an infant possession of the several estates and premises was taken by the said trustees named in the will of the said T. B. on his behalf, and a receiver bath been since appointed thereof, under an order made in a cause insti- tuted, for that, aniongst other purposes, by the said J. B. the infant, by his next friend. That the whole of the said manors, &c. together with the said mort- gaged premises, were let or demised by the said J. B. now deceased, under parol or verbal agreement, in different parts and parcels, and at and under different yearly rents to Plaintiffs as tenants thereof respectively, from year to year, and the several rents reserved and made payable by Phiintift's for the said lands and hereditaments in their respective occupa- tions, were paid and payable halt-yearly at Lady-day and j\lichaelmas-day in each year, but no rtgular leasts or demises in writing, were made or executed by the said .1. B. of any })art of the said estates and premises. That the said G. earl of M. and J. M. the trustees under the will of the said Testator T. B. claim to be entitled on behalf of the said J. B. the infant, <»r the said J. B. the infant, in his own right, claims to be en- titled tf. the haif-yiar's rent lor tlu; said manors, gcc. and also the said mortgagffl pn nusLs accruing due tVom the last rent day of payment pre- ceding the death of the said J. B. and which became due and payable at Lady-day next, follovvhig the decease of the said J. B. And on the other BILLS OF INTKRrLF.ADER. 305 olher hand, tlie said W. L. and T. G. as the trustees under the said inden- tures of lease aiid release, bearing date, S^c, and the said G. D, as the only acting executor and personal representative of the said J. 15. deceased, insist, that as the said J. B. the tenant for life of the said manors, &c. did not in his life-time execute the power giv^n to him by the will of the said r. B. as aforesaid, by making or executing regular leases and demises of the said estates and premises, but continued to tht; time of his death to let the said manors, &c. and also the said morrgaged premises to Plaintiffs respectively, by parol agreement, only IMaintiffs were merely tenants at will, or from year to year, and that their riglit to continue in possession of the estates and premises in their respective occu- pations, ceased or determined, upon the death of the said J. B. and that therefore, the growing or current half-year's rent at the time of his the said J. B.'s death, did not wholly belong to the said trustees, on behalf of the said J. B. the infant, or to the said J. B. the infant as the next remainder-man, entitled to the possession of the said estates and pre^- mises under the said will, but that the current half-year's rent which was growing or accruing due in the life-time of the said J. B. from and after the last rent day preceding his death, ought to be apportioned, and that so much thereof as accrued due in his life-time ought to be considered as part of the personal estate of the said J. B. and as belonging to them, the last-named parties, or some, or one of them, and that so much thereof as accrued due only after the said J. B.'s death, belonging to the said J. B, the infant, as such remainder-man. That the amount of the said half-yearly rent which became due at Lady-day next following the death of the said J. B. as aforesaid, was due from Plaintiffs in the following particulars, that is to say, the sum of £ from the Plaintiff" J. B. the sum of £ from the Plaintiff' J. S. &c. &c. (^setting each out.) And the Plaintiffs being desirous of paying their said rents to such of the said parties as should be justly en- titled to receive the same, were in hopes, that they should not have been harassed with any legal proceedings, in order to compel the payment of such rents, and that the said parties would have settled their disputes among themselves, as in justice and equity, they ought to have done. Charge, that the said W. L. and T. G. the trustees under the said indentures of lease and release, bearing date, iJcc. have lately commenced actions at law against the Plaintiff's T. K. Sec. the tenants of the said mortgaged premises, and they threaten and intend to bring actions against the rest of the Plaintiffs, «as tenants of all-the other estates and premises, in order to compel the payment of the rents so accrued due as aforesaid. And the said G. earl of M. and J. M. the trustees named in the said will of the said T. B. and the said J. B. the infant, threaten to bring actions at law against all the Plaintiffs in the name of the said J. B. the infant, iij order to compel the Plaintiffs to pay the said rents to them. And the said G. D. also claims the said rents, as the executor and personal reprcr eentative of the said J.B. deceased. And Plaintiffs, by reason of the aaid opposite claims, are unable to ascertain with certainty to which of the said parties the said rents do justly and of right belong. And as the Plaintiffs are ready and willing to pay the sair.e to which ever of the said parties the same shall be foimd of right to. belong, the Plaintiffs insist tliat the said several parties ought to interplead and be restramed from proceeding at law against the Plaintiffs, X Prai/?r. 306 BILLS OF IXTERPLEADER. Prai/c7\ That the said Defendants may interplead and settle their rights to the rents so accrued due as aforesaid, under the direction of this honor- able court, Plaintiffs being ready and willing to pay the said rents to either of the said parties to whom the same shall appear of right to belong. And Plaintiffs hereby offering to bring the same into this honorable Court, for the benefit of such of the said parties as shall appear entitled thereto. And that the said W. L. and T. G. may be restrained by the injunction of this honorable Court from prosecuting their said actions so commenced as aforesaid, and that they and the said G. D. and J. B. the infant may be restrained from conmiencing any other actions or proceedings at law against any of the Plaintiffs, in order to compel the payment of the aforesaid rents or any part thereof. And further relief. SKCT. 307 SECT. XXII. CERTIORARI BILLS, A BILL praying- the writ of certiorari^ to remove a cause from an inferior court of equity, is founded upon sug- o-estion, that the cause is out of the jurisdiction of sucK court ; or that the witnesses, or the Defendants live ojit of its jurisdiction, or upon some good reasons given, why equal justice may not be had in such court ; so that a certiorari bill has something of the nature of an injunction bill, as to the jurisdiction of inferior courts. {Pract. Reg. 82.) This species of bill, having no other object than to remove a cause from an inferior court of equity, merely states the proceedings in the inferior court, shews the incompetency of that court, and prays the writ of certiorari. It does not pray that the Defendant may answer or even appear, and consequently it prays no writ of subpoena. (Mit. 49.) Upon or before the receipt of the writ, the Plaintiff mu§t enter into a bond, with condition, that the bill exhibited contains matter sufficient to bear a certiorari, and that the Plaintiff will prove the suggestion of the bill in fourteen days after the retm'n of the writ. The certiorari bond is to be entered into by the Plaintiff, and one surety in the penalty of ^£"100 to the Master of the Rolls and the senior Master in Chancery. A special writ of certiorari is frequently prayed for in a bill filed by a Defendant, to remove a ca,use into the Court of Chancery, upon a suggestion, either that the cause is out of the jurisdiction of the inferior court, or that the De- :^ £ fendants 308 CERTIORARI BILLS. femlants or the witnesses, live out of its jurisdiction, m\d are not able, owing to age or infirmities^ or the distance at which they live, to attend such inferior court, or cannot be com- pelled by the process of such court to be examined there, and that for these or other reasons, assigned in the bill, equal justice is not likely to be obtained in such court. When interrogatories to prove the suggestions of the certiorari bill are necessary, they must be filed with the examiner, and witnesses examined by the Plaintiff, and by him only, for the Defendant is s%ot permitted to examine or to publish any thing to disprove their testimony. An order luujst be procmed by motion or petition to refer such examination to a master, and for the examiner to attend ^'ith the depositions. BUI CERTIORARI BILLS. SO9 Bili to remove a Cduse from the Lord Mai/or^s Court into tJic IJ'tgh Court of Chancer?/. Humbly cornplaiiiiug, shewetli, 8cc. yonr Orator A. B. &c. that whereas, Jcc. (setting forth the cause prosecttted in the Lord Mtii/or's Court) : All which said premises your Orator hopes he shall make fully appear by several witnesses, if need be, which he could not produce within the said city of L. before the said lord mayor and his brethren the aldernuen of the city of 1 j : your Orator shewing unto your Lordship, that one E. F. a material witness for your said Orator, concerning the said pre- mises, at the time of the cause. Sec. then lived and resided, and still liveth and resideth at W. without the jurisdiction of the said lord mayor and his brethren the aldermen of the city of L, whereby your Orator had no remedy to compel the said E. F. to be examined, or to give his testi- mony in the said cause in the city of L. concerning the premises ; in tender consideration whereof, and forasmuch as for want of jurisdiction in the said lord mayor and his brethren the aldermen of the said city of L. over your Orator's witnesses, your Orator is remediless there ; and it being agreeable with the rules and practice of this honorable Court, upon such necessities and defects of jurisdiction in inferior courts, for this high and honorable Court to remove the records and proceedings thereof into this honorable Court, and to proceed in this Court upon the same, and all other matters and things incident thereto, or whereupon your Orator seeks relief. Prayer. May it please your Lordship, therefore, not oi»ly to grant unto your Orator a writ of certiorari to be directed to the said lord mayor of the city of L. and his brethren the aldermen of the said city, thereby commanding them, upon the receipt of the said writ, to certify and remove the records of the said ca'ise, &c. and all proceedings thereupon into this honorable Court ; bt\t also to grant unto your Orotor his Majesty's most gracious writ of subpoena to be directed to the said C. D. &c. thereby commanding them and every of them, at a certain day, and under a certain pain therein to be limited, personally to be and appear before your Lordship in the high and honorable Court of Chancery, then and there upon their cor- poral oaths fully and directly to answer all and singular the premises, and to set forth and discover whether, ^c. and whether it w;v2 not declared and agreed, 8vc. and whether the said C. D. &.C. be not indebted unto your said Orator, and in what sum, and that your said Orator may be righted and relieved in all and singular the premises, according to equity and good conscience. And that the said Defen- dants may stand to, observe, and perform such order and decree therein, as your Lordship hi your great wisdom shall think just and meet. CHAPTER 310 CHAPTER IV. ORIGINAL BILLS NOT PRAYING RELIEF. Sect. I. BILLS TO PERPETUATE THE TESTmOXY OF WITNESSES, OR, In perpetuam re'i mcmoriam. A BILL to perpetuate the testimony of witnesses must state tlie matter, touching which the Plriiiitiff is desirous of giving- evidence, and must shew that he has some interest in the subject, and pray leave to examine witnesses touching the matter so stated, to the end that their testimony may be preserved and perpetuated. The bill ought also to shew, tliat the facts to which the testimony of the witnesses proposed to be examined is con- ceived to relate, canuot be immediately investigated in a court of law, as in the case of a person in possession, without disturbance ; or that belore the facts can be investigated in a court of law, the evidence of a material witness is likely to be l<;st, by his death, or departure from the realm. To avoid objection to a bill framed on the iatt. r ground, it seems pro- per to annex to it an affidavit of the circumstances by wliich the e\idence intended to be perpetuated is in danger of being lost. — Mitf. 50. If, ill a i)ill to |»erpetuate testimony respecting a right of common and w.iy, the charges in the bill are too general, and 311 and not sufficiently descriptive of any particular riglit, a demurrer will hold, for the bill must set out the way ex- actly per et trans, in the same manner as it ought to be set out in a declaration at law. Willi resj)ect to the statement in the bill, of the matter touching' wiiicli the Plaintiff is desirous of acquiring- evi- dence. Lord E. has observed that great danger may arise out of such bills, and that the facts, which the Plaintiff wishes to be examined to, should be particularly stated. As to shewinjiftheintc^rest of the Defendant to contest the title of the Plaintiff' on the subject, it has been determined, that to a bill brought to perpetuate testimony as to the le- g-itimacy of the Plaintiffs, who were infants, and entitled to a remainder in tail, after an estate for life, ag"ainst others in remainder, a demurrer, by those who were the seventh and eighth in remainder, on the ground that their interests were too remote to justify their being made Defendants, was over-ruled. — Alad. Cha. Bill o]Q BILLS TO PERPETUATE Biii to examine Flaintiff^s IVitnesseSy to perpetuate theif Testimony as to Boundaries of Plaintiff's Estate. That Plaintiff now is, and for some years hath been, seized iu fee- simple, or of some other good estate of inheritance of and in the manor of R. with its ilbits,toiembers, royalties, commons, wastes, and other appurtenances tli^unto*belonging, situate in, &c. and of that tenement or moor, with all and singular its members and appurtenances whatsoever, heretofore used, occupied, or enjoyed, as parcel or member thereof, with all ways, wastes, and advantages to tiie same belonging, commonly called or known by the name of H. M. and which is parcel, or reputed to be parcel of the manor of R. and within the said parish of G. in the said county of , and which said manor and estates have been held and en- joyed by Plaintiff and his ancestors, or their tenants or under-tenants, for a great number of years, and which said tenement, called J. C. M. and some other part of the manor of R. was formerly in the possession of , and lately of , who severally and successively held the same as under-te- nants to J. VV. who was, and now is entitled thereto, under and by virtue of a lease from one of Plaintiff's ancestors, for a long term of years, or some other estate or interest, which is now subsisting. That sir F. B. bait, one of the Defendants hereinafter named, is seized or entitled, in fee-simple, or for some other estate, in possession of, or to a tenement and lands, called or known by the name of P. the whole whereof lieth within the parish of C. within said county of, and ad- joins to Plaintiff's tenement, called H. M. That part of the boundary between Plaintiff*s said tenement or moor, called H. M. and sir F. B.'s said tenement called P. hath been, from time to time, whereof the memory of man is not to the contrary, and now is, as follows ; that is to say (state the boundaries), Plaintiff hoped, that on the dttermination of the present subsisting lease of the said tenement or moor called H. M. under which said J. \V . is now en- titled to, and holds possession of such tenement or moor, the custom thereof, according to such ancient boundary, would have been de- livered up to Plaintiff, so that Plaintiff, his heirs and assigns, might at all times have enjoyed the same from thenceforth, according to such ancient boundary. lint now, &c. the Defendants, sir F. B. and T. T. the tenant of said tenement called P. Defendants, combining, 8tc. Pre- tend, that Plaintiff hadi not, and that neither he nor any of his ancestors ever had any estate, right, or interest, in or to the said manor of R. or said tenement called 11. M. or any part thereof; at other times adniitting the contrary, Pretend, that the true, r«al, and immemorial boundary be- tvvct-n Phiintiffs manor (jf R. and Ids tenement called II. M. and Defend- fendauts said ttnement called P. is not such as hereinbefore set forth, but is as follows, viz. ik.c. Charge, that Plaintiff and his ancestors have, for a long series of years, held and enjoyed the said manor ol R. and the lands, herediiiunents, and appurtenances thereto, and particularly said tene- ment call«(i II. M. and that the whole thereof is lying within the parish of Ci. and tliat the true, real, and nnnu/morial boundary between same and said estate or tenmneul called P. was, and is such as is hereinbefore particularly drscribiil, and no other ; and it is, and iinmemorially hath been coustantly so reputed in the neighbourhood, and that no part of the land THE TESTIMONY OF WITNESSES. 313 land lying" on the south-west side of the bed of the ancient river and fence aforesaid, belongs to the said sir I'. 13. or his said tejienient of P. and that the whole of said tenement of P. lieth within said parish of C and so it IS mentioned in several deeds and vritings relating thereto, in the custody or power of said sir F. B. and said sir F. B. hath no right or interest ia an}' lands belonging to said tenement called P. widiinsaid parish of G. but the true and real boundary between said two teneinents having been, for several years last past, neglected to be discriniinuted, by reason that all or most of the particulars of bodi such teuemenis have been, for a long time, held and occupied by the same under-tenants, the said sir F. B. and V. T. taking advantage of such circumstance, now deny that the real boundary between said tenements is as heriinbefore mentioned by Plaintiff, and insist that such boundary is as hereinbefore set forth, to be pretended by them, and consequently a great quantity of land, which is reall) part of Plaintiff's said manor of K. and of said tenement called H. '"il. is part of said tenement called P. and that, on the expiration or determination of said lease, now subsisting, of or on the tenement called H. M. pos- session thereof shall be delivered unto Plaintiff duly, according to the boundary so pretended by them tiie said Defendants. And said sir F. B. and T. T. his tenant, in collusion with J. W. Plaintiff's immedi- ate tenant of said tenement, called H. M. and the under-tenant of said J- VV. decline to do any acts or act to britig the question, as to the real boundary between said tenement, for a legal determination, well knowing that many persons, who are now living, and mucli advanced in years, can prove that the boundary is really such as is hereinbefore mentioned, and hoping that such persons may die before the expiration of said lease of said tenement, called H. M. whereby Plaintiff would be deprived of the benefit of their testimony. All which, &.c. Prayer, That Plaintiff may be at liberty to examine his witnesses to the seve- ral matters and things herein before mentioned, and particularly re- specting the boundary between said tenement called FI. M. and said tenement called P. And that Plaintiff" may be at liberty, on all future occasions, to read and make use of the same, as he shall tre advised. May it please, ik.c. Bill to perpetuate the Testimony of JVitnesscs to a JVilL Humbly complaining, sheweth unto your Lordship, your Orator T. W. of, Sec. brother of the half blood and devisee named in the last will and testament of T. R. of, &c. deceased, that the said T. R. was in his life-time, and at the time of his death, seized or entitled to him and his lieirs, of or to divers freehold and copyhold manors, messuages, farms, lands, tenements, and hereditaments, situate in the several places here- inafter mentioned, and divers other places, of considerable yearly value in the whole, and being seized or entitled, and having duly surrendered the copyhold premises thereof to the use of his will, and being of sound and disposing mind, memory, and understanding, he made hi- lust 514 BILLS TO PERPETUATE last will and testament in writing, bearing date, &c. which was duly executed by him in the presence of three credible persons, who attested and subscribed the same as witnesses thereto in his presence, and which ■will, with the attestation thereof, is in the words following, (that is to say,) &c. And your, &.c. that the said T. R. afterwards, and on or about, &c. departed this life, without revoking or altering his said will, or any part thereof, whereupon your Orator, by virtue of the said will, became entitled in fee-simple to all his freehold and copyhold estates, subject as to such part thereof as aforesaid to so much of the funeral expenses, debts and legacies of the said T. R., as his personal estate may fall short to pay. And your Orator accordingly, soon after the death of the said T. R., 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 assigns would have been permitted to enjoy the same quietly, without any interruption from any person whomsoever. But now, ike. T. H. of, &c. who claims to be cousin and heir at law of the said T. R. alleging that he is the only or eldest son of T. H. and M. his wife, both deceased, which said T. H. as is also alleged, was the only child of T. T., who, as is likewise alleged, was the only brother of the father of the said T. R. that left any issue. And he pretends, that the said T. R. did not make such last will and testament in writing as aforesaid, or that he was not of sound and dis- posing mind and memory at the making thereof, or that the same was not executed in such manner as by law is required for devising real estates ; and therefore he insists that your Orator hath not any right or title to the real estates late of the said T. R., or any part thereof, but on his death the same descended unto hin> the said T. H. as his heir at law. Which your Orator charges the contrary of such pretences to be true. But nevertheless the said T. H. gives out, that he will hereafter dispute the validity of the said will, when all the subscribing witnesses are dead, whereby your Orator, or his heirs and assigns, may be deprived of the benetit of their testimony. All which, &.c. In tender considera- tion whereof, and forasmuch as your Orator cannot perpetuate the testimony of the subscribing witnesses to the said will without the as- sistance of a court of equity before your Lordship. To the eud, &.c. Prayer. 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 of the same, so that their testimony may be perpetuated and preserved. ^lay it please. Sec. Pra^ Suhpaiia against T. II. W. A. 0/jsertatiofis. — Bills to per{>ctuate the testimony of witnesses are only proper where the PlaintilV, by being in possession and undisturbed, has no opportunity of asserting or trying his right at law. But where the DiTcndaiit is in j)()ssession, or has disturbed Plaintiflf, they are not pro- per, because PlainlilT may have a remedy at law. N.B. In the words of course omit the word "decree." Bill THE TESTIMONY OF WITNESSES. 3] J Bill to perpetuate Testimony of Witnesses as to a ]\far- ridge. Humbly complaining, Sec. your Orator C. 13. of, &,c. an infant under the age of twenty-one years, that is to say, of the age of years or thereabouts, by his next friend, that A. B. C. late jf, &,c. but now de- ceased, was, -iC the time of making his will hereinafter mentioned, and of his death, seized of, or well entitled to in fee-siinple, considerable real estates in the several counties of, 6ic. and did, on or about, icc. duly make and publish his last will and testamrnt in writing, which was executed au'i attested as by law is required for the passing of real estates, and did thereby, amongst other things, give and devise, &,c. And your, Islc. that the said A. B. C, departed tins life on or about, &c. without having altered or revoked his said will, leaving the said W.J.S., E. B. S., and A. B. him surviving, that upon his death the said W.J. S. entered into and upon the possession of the said estates in the said counties, &c. so devised, and by virtue of the said will became posse.-ised of the said estates for the term of years, determinable by his dcalh. And the said NV.J.S. afterwards departed this life on or about, ice. without issue male, \vhereu()on the said E. B. S. entered into and upon the possession of the said several estates so devised, and by virtue of the said will became possessed thereof, for the like term of years, determinable by his death. And the said E. B. S. also de- parted this life without issue male, in or about, 8lc. and thereupon A. B. who was next in remainder to the said estates under the said will, entered into and upon the same, and became possessed thereof for the like terra of years, determinable upon his death, and hath ever since been, and now is, in such possession. And your, &,c. that the said A. B. in- termarried, on or about, &c. with X. Y. his iirst wife, who departed this life on or about, &c. leaving no other issue than daughters. And that the said A. B. on or about, &c. intermarried in the parish church of, ik.c. with M. G. of, ik,c. his present wife, and that your Ora- tor, who was born on, Sec. is the only issue of that marriage, and under and by virtue of the said will of the said A. B. C now is, and stands seized to him and the heirs of his body, of the reversion or remaindtr of the said several estates expectant on the determniation of the said term of years, now vested as aforesaid in the said A. B. And your, &.C. that I. K. Y. of, Jcc, was the eldest son of Z. Y. in the said will nanii^d, and that the said 1. R. Y. departed this life on or about, &c. leaving R. M. Y., one of the Defendants hereinafter named, his eldest son, and A. Y. and B. Y., also Defendants hereinafter named, his other sons, Inm surviving. And your Orator well hoped, that his title as tenant in tail ni remainder of the said several estates, expectant on the determi- nation of the said term of years, now vested in his father, the said A. B. would in no manner have been disputed, but now so it is, &c. the said Defendants insist and pretend, that the said A. B. and M. G. were not legally married at the time of the birth of your Orator, or that your Orator was not the issue of such marriage, and that therefore your Orator has ho such title as tenant in tail as aforesaid ; whereas your Orator charges the contrary thereof to be the truth, and that although the said A. B. did, from motives of respect to the memory of his late wife. 315 BILLS TO PERPETUATE, ScC, xvife, for some time conceal his marriage with the said M. B., yet that the said A. B. and M. B., then M. G., spinster, were duly married by licence on, ^c. at the parish church of, &^c. aforesaid, by the rev. R. F. of, Sec. who was a particular friend of the said A. B. and M. G. ; and such marriage ceremony was performed agreeably to the rites and cere- monies of the church of England, and in the presence of C. D., the curate of the said parish, and of C. F, the clerk thereof, and of F. G., the sis- ter of the said M. G. And your Orator further charges, that your Ora- tor was born on the, &c. in the parish of, &c. at a house in which your Orator's said father and mother had for some time resided, and in the presence of Dr. G., a physician of great eminence, and of P. W. who attended your Orator as nurse, and of F. the wife of, &c. a respectable publican in the said parish, who happened then to be in the house, and of the said F. G., the sister of your Orator's mother, who had lived with her during her pregnancy, was also in the house at the birth of your Orator, in an adjoining room. And your Orator was privately baptized on, &c. by the said R. F., and was afterwards publicly baptized at the parish church of, Sec. and the register of your Orator's birth was made at the chapel in street, on the, &c. in the registry kept therein for the use of protestant dissenters. But nevertheless the said R. M. Y. and B. Y., ahhough they well know the several facts aforesaid, yet mean and intend to dispute the validity of your Orator's said title to the said estates after the death of the said A. B., when the several witnesses ne- cessary to establish the same are dead, many of whom are now infirm and nmch advanced in years. To the end^ &,c. Prai/er. And that the said Defendants may answer the premises. And that your Orator may be at liberty to examine his witnesses to the seve- ral matters and things hereinbefore mentioned, and particularly with respect to the intermarriage of the said A. B. and M. B., the father and mother of your Orator, and to the birth of your Orator after such iiitcnnarriage, so that the testimony of the said witnesses may be preserved and perpetuated. And that your Orator may be at liberty at all future occasions to read and make use of the same, as he shall be advised. May it please, &.c. J.L. Prnj/ Subpoena against R. M. Y., J. Y. and B. Y. SJtC-f. 317 SECT. 11. — BILLS OF DISCOVERT. EVERY bill is in reality a bill of discovery, but the jspecies of bill usually distinguished by that title is a bill for discovery of facts resting- in the knowicdg-e of the De- fendant, or of deeds, or writings, or other things in his cus- tody or power, and seeking" no relief iti consequence of the discovery. This bill is commonly usfed in aid of the juris- diction of some other court ; as to enable the Plaintiff to prosecute or defend an action at law, a proceeding before the king in council, or any other legal proceeding of a na- ture merely civil, before a jurisdiction which cannot com- pel a discovery on oath, except that the court has in some instances refused to give this aid to the jurisdiction of in- ferior courts. A bill of this nature must state the matter touching which a discovery is sought, the interest of the Plaintiff and Defendant in the subject, and the right of the first to require the discovery from the other. If a bill seek- ing a discovery of deeds or writings, also prays such relief as might be obtained at law if the deeds or writings were in the custody of the Plaintiff, he must annex to his bill an affidavit that they are not in his custody or power, and that he knows not where they are, unless they are in the hands of the Defendant ; but a bill for a discovery merely, or which only prays the delivery of deeds or writings, or equitable relief grounded upon them, does not require such an affidavit. Mit. 52, 53- With respect to affidavits to accompany bills of this de- scription, the rule appears to be, that where a party comes only for discovery of a deed, he need not make oath of the loss of it J lis he must do when he comes for relief; for he . i is SIS BILLS OF DISCOVERT. is not allowed to translate the jurisdiction without oath made of the loss of the deed, and this is the constant dis- tinction. It is a g-eneral rule, applicable indeed not merely to this description of bill, but to all kinds of bills, that no person can be compelled to give a discovery tliat may subject him to a prosecution of felony, or to answer vt hat is a matter of scandal, or what may lead to a legal accusation, or to what may subject him to a penalty, and not merely what must j or any thing in the nature of a penalty or forfeiture, the Defendant must then discover, but the waiver ought to be by all those ^^ ho can claim any part of the penalty or for- feiture, for if the penalty belongs one half to the king and the other to a corporation, the waiver by the corporation, and not by the Attorney-General also, is not suflScient. But if the Defendant has covenanted to answer any bill of dis- coveiy, and not to plead the acts inflicting penalties, in such case he is bound to answer. Alad, Cha. hill BILLS OF DISCOVERY. 319 Bill of Discovery in the Lord Mayor's Courts hij the Dc- fendant in the Action there, as to the Cause being within the Jurisdiction. To the Right Honorable J. P. Lord Mayor of the City of L., and to the Worshipful his Brethren, the Ahlcrmen of the same City : — Humbly complaining, sheweth unto your Lordship and Worships, your Orator M. VV. of, &c. that W. B., J. B., and S. B., all of, &c. merchants and copartners, have lately commenced an action against your Orator in this honorable Court, and have declared in such action in con- cessit solvere, and your Orator hath pleaded thereto that the cause of «uch action (if any) accmed out of the jurisdiction of this Court, to which the Plaintiffs in the said action have replied, that the cause of such action accrued within the jurisdiction. And your Orator further sheweth, that he never had any dealings and transactions whatsoever with the said W. B., J. B., and S. B., within the city of L., or within the ju- risdiction of this Court, and he hath applied to them to state the par- ticulars of the demand upon which the said action is commenced, and the nature and origin thereof. But now so it is, may it please your Lordship and Worships, that the said W. B,, Sec. refuse to state a full, true, and particular account of the particulars and amount of the de- mand, in respect whereof the said action is commenced, together with the times or time when, and the manner in which, and the place where the several transactions took place, from which such demand arose, and who were all the persons concerned therein. And the said Defendants sometimes pretend, that the said demand arose from some bills or bill of exchange, which were or was drawn, ac- cepted, or indorsed by your Orator, or on his belialf, but they refuse to set forth the dates and contents of such bills or bill, and vvhen, and where, and by whom, and on whom the same were or was drawn, and by whom the same were or was accepted and indorsed, and what considerations or consideration were or was paid or given to your Orator for drawing, ac- cepting, or indorsing the said bills or bill, and when, and where, and by whom, and in what manner such consideration was paid or given, and when, and where, and in what manner the said Defendants first became the holders of such bills or bill, and what consideration was paid or given by them for the same, and w'heu, and in what manner, and to whom such consideration wps so paid or given by the said Defendants, and in what manner they make out a demand against your Orator upon the said bills oY bill, arising within the jurisdiction of this Court. And your Orator charges, that the said Defendants have in their cus- tody or power divers books of account, letters, and copies of letters, and olUer papers and writings, wbicli relate to their said demand upon which the said action has been commenced, but they refuse to set forth an accurate list and description of all such books of account, letters, copies of letters, papers and writings, and to produce the same to your Orator and his agents ; and your Orator, without a discovery of the several mat- ters aforesaid, will be unable to defend himself iu such action. To 520 BILLS Of DISCOVF.Rr. To the end tlierefore that the said Defendants W. B., J. B., and S. B, mav, upon their several and respective coiporal oaths, full, true, perfect, and direct answer make to all the matters aforesaid, to the best and ut- most of their respective knowledge, remembrance^ iiifonnalion and be- lief, and that as fully as if the same were here repeated, and they there- unto severally- and distinctly interrogated ; and more especially that the said Defendants may severally answer and set forth in manner aforesaid, whether they the said W. B., J. B., and S. B. have not commenced an action against your Orator in this Court, and whether they have not de- clared in such action 2W concessit solvere, or how ollierwise, and whether your Orator hath not pleaded thereto that the cause of such action (if any) accrued out of the jurisdiction of this Court, or to that effect ; and M'hether the Plaintiffs in the said action have not replied that die cause of such action accrued within the jurisdiction, or how otherwise; and ■whether your Orator ever had, and when, any, and what dealings and transactions with them the said W . B., &c. within the city of London, or within the jurisdiction of this court, and where in particular ; and that the said Defendants may state a full, true, and particular account of all the particulars and amount of the demand in respect w hereof the said action is commenced, together with the times or lime when, and the manner in which, and the place or places where the several transactions took place from which such demand arose, and v\ho were all the per- sons concerned therein ; and whether the said demand arose from any and what bills or bill of exchange which were or was drawn, accepted or indorsed by your Orator, or on his behalf; and that tliey may set forth the dates or date, and contents of all such bills or of such bill, and when, and where, and by whom, and on whom the same were or was drawn, and by whom the same were or was ace epttd and indorsed, and what considerations or consideration were or was paid or m\e\\ to vour Orator lor drawing, accepting, or indorsmg the said bills or bill, and when, and where, and by whom, and in what manner such consideration was paid or given by them for die same, an- when, and where, and in what man- ner, and to whom such considerailon, and every part thereof, was so paid «r given by the said Defendants, and in via', in unier they make out a demand against your Orator upon the said bills or bill, arising within the jurisdiction of this Court. And that the said Defendants may an- swer and set forth, in manner aforesaid, whether Uie} have not now, or had not, and wlien last, in their custody or power, some and w hat books or book of account, and some and what lettei-s, and copies of letters, and other papers and writings which relate to their said demand upon vhich the said action has been commenced. And that the said Defendants may set forth an accurate list and de- scription of all and singular such books of account, letters, copies of letters, papeis and wrings, and that Uiey may produce the same, with liberty for your Orator, Win soli( itors or agents, to inspect the same and take copies thereof, as they shall be advised. And that tho .'luid Dckndauts niajr make a full and true discovery of the se- veral BILLS OF DISCOVEEY. 321 veral matters aforesaid, and that your Orator may have the benefit thereof in the trial of the said action. May it please your Lordship and Worships, out of your accustomed goodness, to cause the said W. B. J. B. and S. B. to be warned, &c. S. for W. W. Pray process against IV. B. J. B. and S. B. N. B. Though this Bill does not pray any injunction, still it operates, and is in effect an injunction bill ; because, by the practice of the Mayor's Court, a bill is a stay of proceedings from the time of filing thereof. Discovery Bill in Lord Mayors Court ; Money attached. States, that J. B., late of L. mariner, but now of, &c. being justly indebted unto Plaintiffs in the sum of £ for goods sold and de- livered, and being informed that A. R. and W. G., of, &c. had in their hands and custody divers sums of money, and also divers goods and chattels, which belonged to and were the property of the said J. B.; and also several notes of hand, bills, and other securities, which were the pro- perty of the said J. B., the produce of goods sold by them, for and on ac- count of the said J. B., to a very considerable amount, and more than suf- ficient to answer Plaintiffs' demands on said J. B. ; and Plaintiff having frequently applied to the said J. B. for payment thereof, and they re- fusing to pay the same. Plaintiffs were advised to enter an action of debt in this honorable Court against J. B., and, according to the form of proceedings in such cases had, to cause such monies, goods, chattels, and effects of the said J. B. to be attached in the hands of the said De- fendants ; and Plaintiffs accordingly, on, &c. did cause such action of debt to be entered against the said J. B,, and on the, &c. between the hours of and , in the , did cause an attachment to be thereupon made of the said monies, goods, chattels, and effects, iu the hands of the said Defendants belonging to the said J. B. Plaintiffs well hoped that the said Defendants well knew that said debt was justly due to Plaintiffs from said J. B., and that Defendants would have suffered Plaintiffs to have proceeded to a condenniation of said monies, goods, chattels, and effects of said J. B. so attached as aforesaid, and would have acquainted Plaintiffs of the particulars of the monies, goods, chattels, and effects, they had in their hands and cus- tody belonging to the said J. B., and would have given Plaintiffs a par- ticular account of the monies, goods, chattels and effects, in their hands and custody belonging to the said J. B., and thereby enabled Plaintiffs to have execution of the said attachment, as iu justice and equity they ought to have done. But now, &c. Pretend, that said J. B, was not indebted to Plaintiffs in manner and form aforesaid, or otherwise howsoever ; and at other times admit that liiey were indebted as aforesaid ; but then they Pretend, that, at the time of making the said attachment; they had Y not 32g BILLS OF DISCOVEFvV. not any monies, goods, and chattels, belonging to said J. B., in theif hands, custody, power, or possession. Charge^ that, at the time of making such attachment, said J. B. was indebted to them in manner and form aforesaid, and ihat said Defendants had, in their hands, monies, goods, chattels, and also notes, bills, and other securities, belonging to said J. B., to a great amount and value^ and more than sufficient to answer and pay PlainliflTs demand; and that, since the making of the said attachment, divers other sums of nioiie)-, goods, aiui diattels, and also notes, bills, and other securities, have come into their hands, power, custody, and possession, belouiiing to said J. B., and particularly that said Defendants hail, in iheir hands and custody, al the time of the making said attachment, or at some time since the making, the sum of £ , or some large sum of money, which Defendants re- ceived of, &c. for and an account, and to the use of the said J. B., arising from the sale of goods belonging to and the property of the said J. B. And, at other times, the said Defendants admit, that at the time of making said attachmeirt, they had monies, goods, chattels, and effects, and also notes, bills, and other securities of the said J. B., in their hands, custody, power, or possession, and thist, since the making thereof, divers other sums of money, goods, and chattels, notes, bills, and other securities, belonging to the said J. B., have come into their hands, cus- tody, power, or possession ; but then they pretend, and give out in speeches, with a view and design to overturn and set aside the said at- tachment, so made by Plaintiffs as aforesaid, that long before the Plain* titfs making said attachment as aforesaid, said monies, goods, chattels, and effects, notes, bills, and other securities, belon;:Tiiig to said J. B., in their hands, were wholly appropriated, assigned, and made over by bills, orders, indorsements, assignments, or otherwise, by said J. B., to divers persons, prior to Plaintift's making said attachment ; and which said bills, orders, &c. Defendants pretend are binding on them, and diat con- sequently they are compellable to apply the monies, goods. Sec. accord- ingly ; and at other times Defendants pretend, that, long before the time of Plaintiffs making such attachment as aforesaid, said monies, &c. be- longing to said J. B,, in their hands, were attached by other persons for more than the amount of such monies, goods, chattels, and effects, notes, bills, and other securities, and that such attachment being made prior to the attachment so made by the Plaintiffs as aforesaid, are entitled to a preference, and ought to be paid and discharged before Plaintiffs said attachment ; and at other times the said Defendants admit, that, at the time of making the said attachment, they had, in their hands and custody, monies, goods, chattels, and effects, and also notes, bills, and other se- curities, belonging to said J. B., more than suflicient to answer and pay l^laintiffs said debt, but then they pretend, and give out in speeches, that the said monies, &c. were not liable, in law, to be attached, but refuse to give their reasons why they are not so liable ; and at other times De- fendants pretend, that said J. B. is indebted to them in a much larger Buni of money than the said monies, &.c. which they had in their hands, &.C. at the time of the making the said attachment, and which have since come into their hands, ^c. would be sufKcient to satisfy and pay. Ail Nvhich, 5<.c. (interrogate to each fact.) Prayer., BILLS OF DISCOVERY. S23 Prayer. And that the said Defendants may answer and set forth why, and for nhat reasons the monies, &,c. attached by Plaintiti's as aforesaid j and if Defendants shall persist in pretending that said J. B. was indebted to them in any or h n)nch larger sum of money than the monies, ^c. in their hatids and custody, will be sufficient to satisfy and pay iheni, tlicn that they may set forth and discover the par- ticulars of such debt and debts, sum and sums of money so due and owing from the said J. B. and said Defendants; and how, and in what manner, and upon what account the said debt or debts was or were contracted, and when ; and that they may set forth and discover how much of the monies, &:c. belonging to the said J. B., in their haudsj ikc. at the time of making the said attachment as aforesaid, or come into their hands since the making thereof, now remain in their hands, &c. the balance or balances due from them at the time of making the said attachment by Plaintiffs as aforesaid, or at any time since, to said.]. B. And tliat Plaitiiiifs may iiave a full disclosure and discovery of the matters and things hereinbefore stated, and charged, and enquired after. Wav it please, S;c. N. K. Bill to force a Discovery of Deeds, Humbly complaining, shew unto your Lordship, your Oratrix 1. 1, of , and B. 1. of , two of the daughters of E. I., late of , deceased, that by some t*ieed or deeds, will or wills, duly made and executed by your Orator's ancestors, or some or one of them, divers manurs, messuages, lands, tenements, and hereditaments, ot con- siderable yearly value m the whole, situate, lying, and being in divers parishes and places within the several counties of G., B., and M., were limited and settled, or assured and agreed to be limited, settled, and assured to, for, or upon particular uses, trusts, intents, or purposes, under which, or some, or one of thetn, your Oratrixes' ancestors, or some or one or them, and particularly your Oratrixes' said father were or was en- titled to the premises as tenant in tail general or tail male, or your Ora- trixes said fallier was entitled thereto, for his lite, with remainder to his iirst and other sons in tail male and tail general, with remainder to the daughters, or issue of the body of your Oratrixes' said father, or in some other manner, so that your Oratrixes, and the other daughters of the said E. I., had an estate or estates in remainder, in the whole, or part thereof, either as tenants in common, or otherwise, in tail or tail gene- ral, or for their life or lives, upon failure of their said late father, as in and by the said deeds or deed, wills or will, or other writings or writing, or some copies or extracts thereof, now or late in the custody or power of the Defendants hereinafter named, or some or one of them, relation being, &c. And, &c. that the said E. L, under and by Y 2 virtue 324 BILLS OF DISCOVERY. virtue of such deeds or deed, wills or will, or other writings or writing, continued seized, or in possession of all the said premises, and in the receipt of ihe renti? and profits thereof, until the time of his decease. And, &.C. that the said E. I. died on or about the , leaving R. M. 1. an infant, his .'onlv son and heir at law, and your Oratrixes, and four othei daughters, (that is to say,) &,c. ; and that, upon the de- cease of the said E. 1., the said II M. I. became entitled to all the said manors, messuages, farms, lands, tenements, hereditaments, and pre- mises, as tenant for life, or tail male, or tail general, by virtue of or under the said deeds or deed, wills or will, writings or writing, and to the possession of all the title deeds or writings relating thereto, all which were in the custody or power of your Oratrixes' said late father, at the time of his death ; and that the said R. M. I., upon attaining the age of twenty-one years, entered into the possession of all the said heredita- ments and real estates, and continued in possession and receipt of the rents, issues, and profits thereof until the time of his death ; and that T. W,, of , and G. K., of , or one of them, who were the guardians of the person and estate of the said R. M.I., during his minority, also got into their or one of their custody or power, or in the custody or power of some other person or persons, to whom they de- livered the same, since the death of the said R. M. 1. i\nd, &c. that the said R. M. I. departed this life, on or about the day of , unmarried, w ithoi't issue, leaving your Oratrixes and the said E. T., M., D. A., and NJ. W., four other of the Defendants hereinafter mentioned, his sisters, and co-heirs at law, him surviving, and, on his death, your Oratrixes, and their said other sisters, or some or one of them, became entitled under the said deeds or deed, wills or w ill, writings or writing, unto all the aforesaid manors, messuages, farms, lands, tene- ments, and hereditaments, and premises, in the said counties of as tenants in common, or in some other manner in tail male, or tail general, or otherwise, or they, or some, or one of them, ought, accord- ingly, thereupon to have had possession thereof, and of all the title deeds or writings relating thereto, some of which were in the possession or power of the said R. M. 1. at the time of his death, as aforesaid, or of the said G. \V. and G. K., some or one of them. But your Ora- trixes, &c. that, soon after the death of the said R. ]S1. 1., W. R., ot , got into the possession of all the said manors, messuages, &c. and hath ever since been, and now is, in possession and receipt of the rents and profits thereof; and he hath also got into his custody or power all the title deeds or writhigs relating thereto, and particularly such of them as relate to such part of the said premises as are situated in the several counties of, Jicc. and the same now are in his custody or power, or in the custody or power of some other person or persons to whom he hath delivered the same ; and the said VV. K. hath also, since the death of the said R. M. I., cut down or felled, or caused to be cut down or felled, divers timber and other trees which were standing and grow ing on the said premises, of which he hath taken possession as afore- said, and sold and disposed of the same for a large sum of money in the whole, and hath since received and applied the same to his own use. And, Sec. that your Oratrixes have at several times, since the death of their said late brother II. M. 1., by themselves and their agents, applied to BILLS OF DISCOVERY. 325 to the said \V. K., T. W., and G. R., and requested them to produce unto your Oratrixes all the deeds and writings in their resj)cctive custody and power relating to any of the real estates, late of the said E. I., your Oratrixes late father, in order tliat the same might be inspected by pro- per persons on behalf of your Oratrixes and the other daughters of the said E. I., so that your Oratrixes might be able therefrom to discover the particidar estate to which they are entitled as aforesaid. And your Oratrixes well hoped, Uiat such their reasonable requests would have been complied with. But now, i^c. sometimes pretend, that no settlement whatever was ever made by an ancestor of your Oratrixes, of all or any of the estates of your Oratrixes said late father, by any deed or will, or other writing whatsoever, and that no such deed, will, or other writing, or any copy or extract of any such, now is, or ever was, in the custody or power of them, the said Defendants, or any or either of them ; or that if any such settlement was made that all the limitations thereby made were, long before the death of the said E. I. barred by some tine or fines, recovery or re- coveries, levied or suffered by some person or persons who were, or was en- titled to the said estates, as tenants or tenant in tail, under such settlement, either by the said E. I. or the said Testator, your Oratrixes late brother. That your Oratrixes said late father became and was thereby seized of, or entitled unto the said estates as tenant in fee simple, and that by his said late will and testament in writing, or some codicil or codicils thereto annexed, he devised such estates, or some part thereof, unto, or to the use of, or in trust for the said R. N. 1. and then the said confederates T. W. and G. K. or some or one of them, and therefore that they, or some or one of them, by virtue thereof, became absolutely entitled to the whole thereof, and all the limitations made by such settlements or settlement under which your Oratrixes claim as aforesaid of the said hereditaments and premises iu the county of M. late of the said E. I. your Oratrixes late father, were after his death barred and destroyed by some fine or fines, recovery or recoveries, levied or suffered by the said R. N. T. in his life-time, and that he thereupon became seized of, or entitled unto all the said last-mentioned premises as tenant in fee simple; and that by his last will and testament in writing, devised all the real estates unto or to the use of, or in trust for the said W. K. and his heirs and assigns forever, and therefore that die said \V. K. now is entitled ab- solutely unto all such parts of the aforesaid manors, messuages, &.c. as were not devised by the said will of the said E. I. to the said T. \V. and G. K. upon the trusts in the said will mentioned and expressed ; and that your Oratrixes and the oUier daughters of the said E. 1. or any of Uiem, have or hath not, or ever had any right or title thereto, or to any part thereof, or to any of the rents and profits thereof, or of any part thereof; whereas your Oratrixes charge the contrary of all such pretences to be true, and that some dteds or deed, wills or will, or other writings or writ- ing were or was duly made and executed, w hereby an estate or niterest in all and singular the said premises in remainder, expectant upon the failure of issue male of the said E. I. was well executed, or limited unto, or iu favor of your Oratrixes, and the said other daughters of the said E. I. and and that some counterparts or counterpart, duplicates or duplicate, copies or copy, abstract or abstracts, extracts or extract, of some such deeds or deed, wills or will, or other writings or writing, are or is, or lately were in the custody or power of them the said confederates W. K. T. W. and G. R. 326 BILLS OF DISCOVERV, G. R. or some or one of them, and so it would appear, If ilioy would, as they ought, produce all the title deeds and writings in ihiir respeclive custody or power relating to such estates, and every part tl>ereof. Atid your Oratrixes also charge, that no tine hath evtr been levitd, nor any recovery suffered of the said estates ni the several counties of G. B. and M. or any part thereof, since the making of such settlenients thereof as aforesaid, or howevLT, not by any persoirs or person, who at the time of the levying or suffering thereof was tenant in tail of the estates therein respectively comprized, or that there was not a good and sufficient tenant of the freehold of the said estates comprized in the said fine or fines, re- covery or recoveries for the deed or deeds executed for declaring the use of such fine or fines, recoveries or recovery, or by some other deeds or deed, wills or will, or other writings or writing subsequent thereto, under which your Oratrixes are entitled to the said estates, or some part thereof, and so it would appear by the deeds or writings relating to the said estates in the custody or power of them the said last-mentioned confede- rates, or some or one of them, if the same were produced. And \our Oratrixes also charge, that neither of them your Oratrixes said late father, or the said R. M. I. your Oratrixes said brother ever made any last w ill or testament in writing, whereby they, or either of them, devised their, or either of their said real estate, or any part thereof, to any persons or person, other than and besides your Oratrixes ; or if any such Avills or will was or were made, yet that the same were or was not executed in such manner as by law is required, for devising or passing a re;il estate, and that therefore your Oratrixes, and the said other Defendants, their sisters, as the co-heiresses at law of their said late father and brother, are now entitled to all the said real estates. And yoin- Oratiixts also fur- ther charge, that divers parts of the said real estates, in the several coun- ties of G. B. and M. were copyhold and customaryhold, and that no part thereof was ever surrendered by the said E. I. or the said R. M. I. to the use of their, or either of their wills ; and therefore your Oratrixes humbly insist, that no part of su-jh copyliold or customary lands will pass by such vills or will, if any such there be. And that your Oratrixes and liieir sisters are now veil entitled thereto. And so these Defendants, as your Oratrixes charge, will some- times admit the truth to be ; but then they pretend, that they cannot distlnguioh or set out the said copyhold or customaryhold prtmi?es from llie freehold or other estates, late of your Oratrixes late father. And they, the said last nientioneii confederates, or some of them, now have or hath, or lately liad in their, or one of their power or custody, divers majjs, plans, terriei.s, (i)pies of court-rolls, deeds, or other evidences or v»'ritings, wherein every part of the said real estates, in the said btveral counties of G. B. and M. which is copyhold or customary- hold, is particularly marked out, describe d, or distinguished, or by the means or assistance thereof, th< y the taid Defendants, or any other person, may be able fully to set > ut, ascertain, or distinguish tliq same, or the bounds there(jf, if they inspcicl or produce the same. And your Oratrixes also humbly insi.-.t, thai m case tiic said cop)nold or customaryhold premises Cuunot be otherwise distinr!;uished or separated from the freehold and other esliites, iatt i-f the said J:^. 1. a commission ought to be awarded and issued out of uud under the seal of this hotioruble Coiut, directed to certain DILLS OF DISCOVERT. 327 certain commissioners, to be therein named, to ascertain the same, and tfie bounds thereof. But nevertheless, under such and the like pre- tences as aforesaid, or some others equally unjust and unreasonable, the said Defendants, and particularly the said VV. K. persist in their claim to the said real estate, and refuse to deliver up the possession of the said estates, or any part thereof, or to account with your Oratrixes for their share of the rents or profits thereof, or any part thereof, or to deliver unto your Oratrixes, and their said sisters, or to any person on their be- half, or to set out or distinguish the said copyhold or customaryhold premises from the freehold and other estates of your Oratrixes said fa- ther ; and the said W. K. also refuses to pay, or to make unto your Ora- trixes, and their said sisters, or any of them, any satisfaction for the va- lue of the said timber, and other trees, which he hath cut down or felled on the said estates or premises, or any part thereof. And at the same time he, the said Defendant, W. K. threatens or gives out, that he will cut down other timber and other trees, now standing and growing upon the said estates, or some part thereof, and commit other waste or spoil thereon. And they also pretend, that there are, or is some old terms or term of years, mortgages or mortgage, or other incumbrances or incumbraiice, upon or affecting the said estates, or some of them, or some part thereof, prior to the derivation of your Oratrix's right there- to, and that they w ill set up such terms or term of years, mortgages or jnortgage, or other incimibrances, in bar to your Oratrixes and their sisters, if ihey shall proceed at law for the recovery of the possession of the said estates, or any part thereof, or any satisfaction for the rents and profits thereof; ^nd at soaie times the said last mentioned confederates claim, or some of one of them, some other right or interest to or in the said estates, or some part thereof, but they refuse to discover the particu- lars thereof, or how they derive or make out the same. And the said other Deft ndants retuse to join with your Oratrixes in the said suit. All which, &.C, To the end, &c. Prayer. Am\ that the said W, K. T. W. and G. R. may produce and leave in the hands of iheir clerk in court, in this cause, or otherwise, as this honorable Court shall direct, all the deeds or writings in their re- spective custody or power, relating to the real estate of your Ora- trix's said late father, or any part thereof, for the inspection and perusal of yoiu" Oratrixes, their sisters, and agents; and that pos- session of the said estates, or such parts thereof as shall appear to be- ong to your Oratrixes and their said sisters, or any or either of them, under any deeds or deed, wills or will, or writings or writing, exe- cuted by any of their ancestors, may be delivered unto them, toge- ther with all the title deeds and writings relating thereto ; and that they the said VV. K. T. \V . and G. R. or such of them as are or have been in the possession of the said estates, or any part thereof, may account with your Oratrixes and their said sisters, and make them satisfaction for the rents and profits thereof, become due since the death of your Oratrixes late brother, and received by them the said Defendants, or by their, or any or either of their orders, or for their or 328 BILLS OF DISCOVERY. or any, or either of their use. And if it shall appear that your Ora- trixes said late father and brother, or either of them, were, at the time of their respective deaths, seized or entitled unto the said real estates, or any part thereof, in fee-simple, or had power to dispose thereof, by will, and that such parts thereof as were copyhold or customaryhoid, were not surrendered by your Oratrixes said late father or brother, to the uses of their said respective wills, then that the said Defendants may set forth and distinguish the said copyhold and customaryhoid premises from the freehold and other parts of the said estates, or otherwise, that a commission may be awarded and issued out of and under the seal of this honorable Court, directed to certain commissioners to be therein named, to set out, distinguish, and ascertain the said copyhold and customaryhoid premises, and the metes and boundaries thereof; and that the posses- sion of the said copyholds may be delivered to your Oratrixes and their said sisters, or such of them as shall appear to be entitled thereto, together with all he evidences and writmgs relating thereto ; and that the said W. K. T. W. and G. R. or such of them as are in possession of the said copyholds, may account with your Ora- trixes and their said sisters, and make them satisfaction for the rents and profits become due since the death of your Oratrixes said bro- ther, and received by them, or any or either of them, or by their or either of their orders, or for their or either of their use : and that an account may also be taken of the timber and other trees which have been cut down or felled by, or by the orders or order of the said Defendants, or any or either of them, which were standing or growing on the said estates, or any part thereof, and may pay and make satisfaction unto your Oratrixes and their said sisters for the value thereof; and that they may also be restrained by the in- junction of this honorable Court, from cutting down or felling any more timber, or other trees, on the said estates, or any part thereof, and from committing any further or other waste or spoil thereon. And for further relief, 5cc. J.S. CHAPTER 329 CHAPTER V. BILLS NOT ORIGINAL. SECT. T. — BILLS OF SUPPLLMENT AND REVIVOR. TJILLS not original are either an addition to, or a conti- nuance of an original bill, or both. An imperfection in the frame of a bill may generally be remedied by amend- ment, but the imperfection may remain undiscovered whilst the proceedings are in such a state that an amendment can- not be permitted according to the practice of the court. This is particularly the case where, after the court has de- cided upon the suit as framed, it appears necessary to bring- some other matter before the court to obtain the full effect of the decision ; or, before a decision has been obtained, but after the parties are at issue upon the points in the original bill, and witnesses have been examined, (in which case the practice of the court will not permit an amendment of the original bill,) some other point appears necessary to be made, or some additional discovery is found requisite ; and though a suit is perfect in its institution, it may, by some event subsequent to the Mling' of the original bill, become defec- tive, so that no proceeding can be had, either as to the whole, or as to some part, with effect, or it may become abated, so that there can be no proceeding at all, either as to the whole, or as to part of the bill. The first is the case when, although the parties to the suit may remain before the court, some event subsequent to the institution of the suit, has either made such a change in the interests of those parties, or o-ivcn to some other person such an interest in the matters iu liti- gation, that the proceedings, as they stand, cannot have their full 330 BILLS OF SUPPLEMENT AND REVIVOR. full effect. The other is the case when, by some subsequent event, there is no person before the coui't by whom, or against whom, the suit, in the whole or in part, can be pro- secuted. Mit. 53. A'S hen any event happens subsequent to the time of filin.^ an original bill, which gives a new interest in the mutter in dispute to any person not a party to the bill, as the birth of a tenant in tail, or anew interest to a party, as the happening- of some other contingency, the defect may be supplied by a bill which is usually called a supplemental bill, and is in fact merely so with respect to the rest of the suit, though with respect to its immediate object, and against any new party, it has in some degree the effect of an original bill. If any event happens which occasions any alteration in the interest of any of the parties to a suit, and does not deprive a Plaintiff siiinof in his own rifmt of his v.hole interest in the subject, as in the case of a mortgage, or other partial change of interest ; or if a Plaintiff suing in his own right is entirely deprived of his interest, but he is not the sole Plaintiff', the defect arising from this event may be supplied by a bill of the same kind, which is likewise conuiionly termed, and in some respects is, a supplemental bill merely, though in other respects, and especially against any new party, it ha.s also in some deofrce the effect of an original bill. In all these cases the parties to the suit are able to proceed in it to a certain extent, though from the defect arising from the event subsequent to the filing of tlie original bill, the proceedings are not suflicient to attain their full object. Mit. CO. A supplemental bill must state the original bill, and the proceedings thereon ; aiul if the supplemeutal bill is occa- sioned by an event subsecjuent to the original bill, it must state tliat e\ent, and the con^i (pu nt alteration with respect to BILLS OF SUPPLEMENT AND REVIVOR. 331 to the parties, and in general the supplemental bill must ])ray, that all the Deteudants may appear and answer to the charg'es it contains. For if the suppleniental bill is not i'or a discovery merely, the cause must be heard upon the supplemental bill at the same time that it is heard upon the original bill, if it has not been before heard; and if the cause has been before heard, it must be further heard upon the supplemental matter, if indeed the alteration or acqui- sition of interest happens to a Defendant, or a person neces- sary to be made a Defendant, the supplemental bill may be exhibited by the Plaintiff in the original suit against such person alone, and may pray a decree upon the parti- cular supplemental matter alleged against that person only, lanless (which is frequently the case) the interests of the other Defendants may be aft'ected by that decree. Where a supplemental bill is merely for the purpose of bringing for- mal parties before the court as Defendants, the parties, Defendants to the original bill, need not in any case be made parties to the supplemental. Harrison s Chancery. . An original bill in the nature of a supplemental bill must state the original bill, the proceedings upon it, the event which has determined the interest of the party by or against whom the former bill was exhibited, and the manner in which the property was vested in the person become enti- tled, it must then shew the ground upon which the court ought to grant the benefit of the former suit to or against the person so become entitled, and pray the decree of the court adapted to the case of the Plaintiff in the new bill. This bill, though partaking of the nature of a supplemental bill, is not an addition to the original bill, but another original bill, which, in its consequences, may draw to itself the advantage of the proceedings on the farmer bilL Har- rison^s Chancery. A Bill 33^ BILLS OF SUPPLEMENT AND REVIVOR. A bill of revivor must state the orig-inal bill, and the several proceeding's thereon, and the abatement ; it must shew a title to revive, and charoe that the cause ouoht to be revived, and stand in the same condition with respect to the parties in the bill of revivor, as it was in with respect to the parties to the original bill at the time the abatement happened, and it must pray that the suit may be revived accordingly. It may be likewise necessary to pray that the Defendant may answer the bill of revivor, as in the case of a requisite admission of assets by the representative of a deceased party. In this case, if the Defendant does admit assets, the cause may proceed against him upon an order of revivor merely ; but if he does not make that admission, the cause must be heard for the purpose of obtaining" the necessary accounts of the estate of the deceased party to answer the demands made against it by the suit ; and the prayer of the bill therefore, in such case usually is, not only that the suit may be revived, but also, that in case the De- fendant shall not admit assets to answer the purposes of the suit, those accounts may be taken ; and so far the bill is in the nature of an original bill. If a Defendant to an ori- ginal bill dies before putting in an answer, or after an an- swer to which exceptions have been taken, or after an amendment of the bill to which no answer has been given, the bill of revivor, though requiring in itself no answer, must pray that the person against whom it seeks to revive the suit may answer the original bill, or so much of it as the exceptions taken to the answer of the former Defendant extend to, or the amendment remaining unanswered. Supplemental BILLS OF SUPPLEMENT AND REVIVOR. 333 Supplemental Bill, stating a further Error in printed Particular, and claiming a further Compensation. Humbly complaining, &c. your Orator A. M., of, &c. that, on or about, &c. your Orator exhibited his original bill of complaint in this honorable Court against, &c. the Defendants hereto, stating, &c. &c. (state original bill) and praying therefore, that, &c. And your, &c. that all the said Defendants, being duly served with process, appeared and put in their answers to the said original bills, and witnesses have been ex- amined, and publication hath been passed, as in and by, &.c. And your, &c. by way of supplement, that, in the printed particulars distri- buted at and previous to the said sale of the said manor and premises, and under which your Orator purchased, C. J., esq. was therein described to be in possession, as tenant to the said lord A., of acres of land, held for one life, called, &c. and of certain other lands held for two lives, making, together with the said acres, acres, roods, and perches ; and the said printed particulars referred to a certain paper or terrier, called the terrier of , and in such terrier the said lands, so held by the said C. J., which were thereby made to amount to the said quantity of acres, roods, perches, were particularly described, and, as part thereof, were stated the six following articles, &c. &c. And your, &c. by way of supplement, that since publication hath passed in the said original cause, your Orator hath discovered, that al- though the said C. J . was in possession of the acres, roods, and perches, yet as to acres, part thereof, he held the same not as tenant to the said lord A., but as his own property, in fee-simple, (that is to say,) 8cc. &c. And your Orator sheweth, that — J., the widow of the said C. J., hath, under a certain act of parliament made and passed in the year of the reign of his present majesty, intituled " An act for inclosing lands in K., in the county of S.," claimed before the commis- sioners appointed thereby, and been allowed an allotment of land in respect of the said acres, as her own absolute property. And your Orator sheweth, that having purchased the said manor and premises upon the faith and confidence that the said acres, roods, and perches of land, in the possession of the said C. J., were held by him as tenant of the said Defendant lord A., according to the said printed par- ticulars of sale, your Orator, since he hath discovered that the said acres, part thereof, were the absolute property of the said C. J. hath re- peatedly applied to the said Defendants, and required them to make to your Orator a reasonable compensation in respect thereof, with which, &c. refuse so to do, pretending that the said acres, roods, and perches were, as described in the said particular of sale, held by the said C. J. as tenant thereof to the said lord A., whereas your Orator charges the contrary thereof to be the truth. To the end. Sec. (interro- gate.) Prayer, And that the said Defendants may answer the premises; and that it may be referred to one of the Masters of llois honorable Court to inquire 334 BILLS OF SUPPLEMENT AND REVIVOR. inquire what compensation your Orator is entitled to, in respect of the loss of the said acres of land, and that such compensation, together with interest thereon, may be paid out of the said sum of j6 , if so much sliall remain thereof, after satisfaction of the demands of your Orator by the said original bill or otherwise, by the said Defendant lord A., and that this your Orator's bill of com- plaint may be deemed and taken as and for a bill of supplement to his said original bill of complaint. And for further relief. J. L. Praj/ letters missive, <^c. Supplemeiitol Billy Defendant having commenced an Ac- tion of Ejectment since fling original Bill, and an In- junction from proceeding in said Action. Humbly complaining, shewelh unto your Lordship, your Orator J. K., of, &c. that in or as of term, , your Orator exhibited his original bill of complaint in this honorable Court against H. B. S., and which said bill hath been amended by order of this honorable Court, thereby praying that the said Defendant might be decreed speedily to perform his agreement with your Orator touching the lease of the farm and premises in the said bill mentioned, and so grant your Orator a lease thereof for years, commencing from the expiration of his for- mer lease, at the yearly rent of £ , your Orator being willing and ready to do and perform every thing, on his part, required to be had and performed in pursuance of the said agreement. And your, &,c. that the said Defendant appeared and put in his answer to the said original bill, as by the said bill and answer now remaining as of record in this honor- able Court, reference being thereunto had will appear. And your Orator shewelh, that since the filiiig of the said original bill, the said de- fendant hath caused an action of ejectment to be connnenced in his Ma- jesty's court of King's Bench at \\ estminster, for the purpose of emitting and turning your Orator out of possession of the said farm and premises, and the said action is still depending in the said court. And your Orator being advised, the said Defendant cannot support such action, and that your Orator is entitled to a specific performance of the said agreement, OS prayed by his said araeniUd bill, lie has, by himself and his agents, several times applied to and requested the said Defendant to desist from proceeding in liic said action, and he was in hopes that he would have ^romplied with such fair and reasonable request, as in justice and equity be ou'dit to have done. But now so it is, may it please your Lordship, that the said iL B. S. refuses to comply with your Orator's said request, and insists upon proceeding in his said action, and to tmni 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, See. Prayer. BILLS OF SUPPLEMENT AND REVIVOR. 333 Prayer. And that the said Defendant may be restrained, by the injunction of this honorable Court, from proceeding in the said action, and also 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. And for further relief. A. C. P.rai/ Suhpann and Injunction aiiainst II. B. !S. Bill of Supplement^ in the Nature of an original Biili Jor a Legacy of Stock given to I. L. in case ke should clai}n it within seven Years. Humbly complaining, shevveth unto your Lordship, your Oratrix L. S. T., of, ^c. on behalf of herself and all other creditors of I. L., late of, &c. who shall come in and seek relief by and contribute ty the expense of this suit, that, on or about, &c. your Oratrix exhibited her original bill of complaint in this honorable Court against I. L., since de- ceased, A. M. C, now the wife of R. H., clerk, and t!ie governor are advised, that they are entitled to prosecute and carry on l!ie said suit and proceedings, and to have the same relief agiinst the said W. W. and D. M. as they should have been entitled to against said Defendant 1. B. if he had not become a bankrupt. Prayer. And that the said Defendants W. W. and D. M. as well as Defendant B. may answer the matters aforesaid, and that the Plaintiffs may have the bcnetit of the said suit and proceedings against said Defendants W. W. and D. M. and may have the same relief against them as they might have had against said Defendant B. in case he had not become a bankrupt. And for further and other relief. Bill of Supplement on the Birth of tJie first Tenant in Tail, Humbly complaining, sheweth unto your Lordship, your Orator G. O. earl of E. of P. park, in die county of S. diat on or about the day of , your Orator exhibited his original bill in this honorable Court, which was by an order of this honorable Court, bearing date, See. duly amended, and mc\\ amended bill was against, Sec. (atate original bill) as Defendants thereto, thereby stating such several matters and things as are therein for that purpose more purticuhirly mentioned and set forth, and praying, Sec. And your, Sic. that all the said Defendants being duly served with process, appeared, and that the said Defendants W. lord viscount L. W. L. H. C. L. 1. L. 1. H. L. and d. L. have put in their answer to the said original bill, as in and by. Sic. Anil your. See. by way of supplement, that since the tiling of the said original bill, and in the month of , the said Defendant I. L. had a son born, who has since been christened by the name of C. H. And the said C. bl. L. is now the first tenant in tail or reniainder of the impropriate rectory of B. in the said original bill mentioned, under the limitations of the will of J. earl of L. deceased, the Testator in the original bill named. And your Orator therefore humbly insists, that he is entitled to have the same relief aganist the said C. H. L. as by the said original and amended bill is prayed against the several parties thereto. Prayer, To the end therefore, that the said C. H. L. may answer the premises. And that your Orator may have the same relief against the said z 2 C. H. L. 340 BILLS OF SUPPLEMENT AND PvEVlVOR. C. H. L. as by the said original and amended bill is prayed as afore- said, against the said several parties thereto. Alay it please, &.c. J.L. Pray Subpana against C. H. L. Bill of Revivor upon the Death of Plaintiff, by his Ad- miiiistratur, the Executors under his ff'ill having renounced. Humbly complaining, sheweth unto your Lordship, your Orator J. A. of, &.C. that J. A. late of, &c. but now deceased, on or about exhibited his originial bill of complaint in this honorable Court, against G. T. \V. as the Defendant thereto, thereby stating such several nvatters and things as are therein for that purpose more particularly mentioned and set forth, and praying, &.C. And your, &.c. that process duly issued against the Defendant, but he beiiig in Ireland, and out of the juris- diction of this honorable Court, he neither appeared, nor put in his answer to the said bill. And your Orator sheweth, that by an order, bearing date on or about the day of , upon the said J. A. the Plaintiff, consenting. Sic. And your Orator sheweih, that proce<'s was sued out and served in pursuance of sucli order, arid that the said Defendant thereupon appeared and put in his answer to the said bill of complaint. And your, Sec. that on or about the day of the said Defendant caused this honorable Court to be moved, that he might be at liberty to sue out execution against the said coniplainant in the aforesaid action, and thereupon ihe Plaintiff J. A. consenting by his codicil, &.C. And your, &c. that in pursuance of the said order, the said sum of £ was by the time therein directed, paid into the bank with the privity of the Accountant General, and was afterwards laid out by him in the purchase of £ 3 per cent, consolidated bank annuities, which are now standing in the name of the Accountant-General, in trust in this cause, together with a sum of £ in cash, which hath arisen from the dividends thereof, as in and by the said original bill, &.c. And your Orator sheweth, that some pro- ceedings have been had before the said Master to whom this cause stands referred, but no general report hath yet been made in the said cause ; and that the said J. A. the Plaintiff, lately, and on or about, Sic. departed tiiis lilc, lia\iiig iirst duly made and published his last will and testament in writing, bearing date, ?cc. and a codicil thereto, tearing date, &c. and thereby appointed M. C. and W. \\ . executors thereof. And your Ora- tor sheudli, that the said M. C. and W. W. have renounced the probate of the will of the said Plainliti^^ and declined to act in the trusts thereof, and that your Orator halh obtained letters of administration widi the will annexed, of the goods, chattels, right and credits of the said J. A. to be grantfd to him by and out of the proper l^cclcsiastical Court, and harh thereby become, and now is his legal personal represcntalive. And your, cvc. that the saifl suit and proceedings having become abated by (he death Bins OF SUPPLEMENT A\'D REVIVOR. 341 deaili of t!ie said J. A. y )nr Orator is', as lie is advised, as tlie personal svpreseutative of the said J. A. eiilitled to have the said suit and proceed- ings revived against the said Dtfenduiit G.T. VV. and the said accounts by the aforesaid order, dire:Med, prost cuted, and carried on, and to have ihe said cause put in the s une stute and condition as the same was in pr<^viou5 to the death of the said J. A. Prayer. X»>tl>c end therefore, that the said Defpndatit may answer liie premises. And that the said suit and proceedings which so became abated as aforesaid, may stand revived, and be in the same plight and condi- tion as the same were in at the liuie of the death of the said J. A. or that the said Oefeudaiit may shew good cause to the contrary. May it please, £cc. Pray Sitbpana to revive aminst G. T. fJ'. Bill of Revivor upon Death of a Defendant, That some time in or about term , L. P. now deceased, exhibited his original bill of complaint into this honorable Court, against ^t. N. and E. his wife, 8cc. Sec. stating, as therein is stated, and praying tjiat the, &c. That the said S. N. and E, his wife, being duly served with process, appeared and put in their answers to the said bill, but before any further or other proceedings were had in the said cause, the said L. P. departed this life intestate, leaving R. I*, her son and heir at law, who after her decease duly administered to her, and tluireby became her legal personal u'fjresentative. That the said suit and proceedings having become abated by the death of the said L. P. the said Plaintiff exhibited his bill of revivor in this honorable Court, praying that the said suit and proceedings migiit be revived against him^ and by au order of the Court the same were accord- ingly revived. I'hat all the said Defendants, together with Plaintiff W. H. P. having put in their answers to the said bill, the same came on to be heard before his Honor the late Master of the Kolls, on or about, &.c. when his lioiior did order and decree, as therein is particularly staled, and various orders, reports and other proceedings were had in the said cause. That before any further or other proceedings were had in the said cause, the said S. N. departed this life, having first duly made and pub- lished his last will and testament in writing, dated, ifvc. and thereof ap- pointed his wife E. N. and the Defendant T. R. executrix and executor thereof, who duly proved the said will in the proper Ecclesiastical Court, /i^icj took upon themsi-'ives the builhen of the execution thereof, and the said 342 BILLS OF SUPPLEMENT A\D REVIVOR. said E. N. hatli since also flepartcd tliis life, leaving DefcDdaiit T. R. her surviving, and who is now tlie so!.; peisimal represeutative of tlie said S. N. and as such, entitled to the principal smn of £ and interest due from the said G. H. to the said S. N. and secured by \\i\y of mort- gage upon his the said G. H.'s share of the said estate and premises in the pleadingi mentioned, for a term of years, and said suit and proceedings having become abated l)y the death of the said S. N. Plain- tiff is advised that he is entitled to have the same revived against the said T. R. as his surviving executor. Prai/cr. Therefore, that the said suit and proceedings which became so abated by the death of the said S. JN . may stand and be revived against the said T. 11, and be in the same plight, stale and condition, as the same were in at the time of the abatement thereof. And that Plaintiff may have the benefit thereof, or that the said Defendant T. R. may shew cause why the said suit and proceedings should not be so revived, and that the same may be revived ac- cordingly. Bill of Tlerh'or upon tlie JMarriage of Female Plaintiff, stating Exceptions and Amendments^ is;c. Humbly complaining, &c. that on or about, 8cc. your Oratrix by her then name of E. M. exhibited her original bill of complaint in this honor- able Court, which was amended against W . iVI. as J)erendant thereto, thereby stating such several matters and things as are therein for that pur- pose more particularly mentioned and set forth, and praying, &c. And your, &.C. that tlie said several Defendants being duly served with process of Suhpiiud, severally appeared, and put in their answers to the said ori- ginal bill, as in and by, &.c. And your, ^c. that your Oratrix took several exceptions to the answer put in by the said Defendant \V. M. to the said original bill, and which said except', ns were upon agreement, allowed by the Master, to whom the same were referred. And your, isLc. that your Oratrix afterwards obtained an order of this honorable Court, to amend her said original bill, and that the said Defendant W. M, might answer the saitl amendments at the same time that he answered the said exceptions. And your, ifcc. that before the said \V. M, had put in liis answer to the said exc( j>tions or any further proceedings were had in the ."iaid suit, and on or about the, ifcc. your Oratrix internuuried with your Orator W , M. whereliy the said suit and proceedings becanie abated. And your Oiator and Oratrix are advised that they are entitled to have llie same revived, and to be put in tlie same plight and condition as the same were in at the time of the abatement thereof. Prai/er, To tilt end ihciefure^ that the said suit and proceedings which so be- came BILLS OF SUPI'LE-AILN^T AND REVIVOR. 343 came abated as aforcsnid, may stand revived and be In tlie same plig!it and ron(iili(tn as l!ie same were in at the time of sucli abale- nieiit. May it please, ^c. J. L. Bill oj' Revivor against Ifcir at Law of a Jllo'tgagor en- titled to Eqtiittj of Redemption against real Estates. Humbly, &c. that, on or about, &c. the said fih^d his original bill in tliis honorable Court against , since deceased, as Deiendant thereto, lliereby stating such several matters and things, as in the said origi- nal bill of complaint, are for that purpose more particularly nientioned*and set forth, and praying, v?cc. And your. Sec. that the said T.H., being duly served with process, appeared to the said original bill, and put in iiis answer thereto; and the said cause bein..;" at issue, the same came on to be heard before his Honor the Master of the Rolls, in the absence of your Lordship, when the Court was pleased to order and decree, &c. And your, Sec. that before any further proceedings were had in the said suit, and, on or about, See. departed this life, having first duly made and published his last will and testament, in writing, bearing date, &c. and thereby appointed executrix and executors of his said will, and having aft* rwards made and )iublishetl a codicil to his said will, bearing date, Sec. whereby he revoked the appoiiitmcnt of the said to be his executors, and appointed your Orators to be his executors, with your Oratrix, in the place and stead of the said . And your Orators ami Oratrix duly proved the said will and codicil in the Prero- gative Court of the archbishop of C, and thereby became the legal personal irpresentatives of the said . And your, Sec. that the said suit having become abated by the death of the said , your Orators and Oratrix, on or about. Sec. tiled their bill of revivor in this iionorable Court against the said , thereby stating to the effect aforesaid, .and praying, Sec. And your, Sec. that the said suit and pro- ceedings were accordingly duly revived by an order of this honorable Court, bearing date. Sec. as in and by, Sec. And your. Sec. that some proceedings have been had by the said xM aster to whom this cause stands referred, but no report hath yet been made thereon ; and that, on or about , the said lale Defendant departed this life, leaving his heir at law, and witiiout having devised, or in any manner disposed of the equity of redemption of the said mortgaged j)remises. And your, y praying, Jkc. as in and by, &,c. And your Orator, &,c. that all the said Defendants appeared to the said bill of complaint, and that the said J. B. and W. H, ap|)eared and put in their answers thereto, but that the said T. F. had departed this life intestate, on or about the before any further proceedings were had in the said cause, without having put in any answer to the said bill of complaint, whereupon the said suit and proceedings became abated as to him. And your, is.c. that J. T., of , the father of the said T. F. hath procured letters of administration of the personal estate and effects of the said T. F. to be granted to him by the proper Fcclesiastical Court, and hath possessed the personal estate and effects of the said T. F. to a considerable an)ount, and suflicient to pay the debts and funeral ex- penses of the said T. F., and is thereby become, and now is, his legal i)(;rsonal representative ; and your Orator is advised he is entitled to have th(i said suit revived against the said J. F., and that the same be in the same plight and condition as it was at the time of the abatement thereof by the deadi of the said T. F., and that the said J. F. ou^lit to answer the said original bill of complaint, and ought either to admit assets of the said T. F. sufiicient to satisfy your Orators demands claimed by the said original bill, or to discover and account for his personal estate, as is usual in such cases. Inquiry. To the pnd therefore that the said suit and proceedings may stand and lie revived, and be in the same plight and condition as the same was at the time of tl.e waid abatement thereof; and that the buid J. F. may, upon BILLS OF SUPPLEMENT AND REVIVOR. 345 upon bis oath, and according to the best of his knowledge, remem- brance, information, and belief, full, true, and perfect answer make, to all and singular the matters and things in tiie said original bill stated, and that he may either admit assets of the said T. F. possessed by him sufficient to answer and satisfy the demands of your Orator, or that he may; in mahner aforesaid, answer and set forth a full, true, and just ac- count of all and singular the personal estate and effects which the said Testator was possessed of, interested in, or entitled to at die time of his death, and all the particulars whereof the same consisted, the natures, kind, quantities, qualities, full, true, and utmost value of all and sin- gular such particulars, and whether all, or some, and which of such par- ticulars have not, and when, been possessed by the said Defendant, or by any person or persons, by his order or for his use, and how and in what uiaiiner, and nhen, and where, and by whom, and to whom, and for how much the same, and each and every part and parts thereof have or hath not been sold and disposed of, and whether any, and what part or parts thereof; and to what value and amount, now remain undisposed of. Prayer^ And that the said suit and proceedings, so abated as aforesaid, may be revived and be in the same plight and condition as the same were at the time of the abatement thereof, or that the said Defendant J. F. may shew good cause to the contrary; and that your Orator may have the benefit of the said suit, and may have the same relief against the said Defendant, as is prayed by the original bill of complaint ; and that if the said Defendant doUi not admit assets of the said T. F. possessed by him sufficient to answer the said de- mands of your Orator against the estate of the said T. F. ; that an account may be taken of the personal estate and effects of the said T. r\ ; which have been possessed, got in, or received by the said Defendant, or by ijis order, or for his use, or ^vhich, without his wilful default, might have been received, and that the same may be applied in dischaige of such sum of money as may appear to be due and owing to your Orator from the estate of the said T. F., in respect of the matters in Uie .said bill of complaint mentioned. May it please, &c. Bill of Supplement i in the Nature of a Bill of Revivor. Humbly complaining, shew unto your Lordship, your Orators and Oratrix, T. L. executors and executrix, and trustees named and appointed in and by the last will and testament, and codicil thereto, of J. H. late of, §cc. esq, that on «r about the, &c. said J. H. filed his original bill of complaint 346 BILLS OF SUPl'LEMEXT AND REVIVOIl. complaint in this honorable Court against, Sec. as Defendant thereto, iheiebv staiins; such several matters and things, as in the said original bill of complaint are for that purpose more particularly mentioned and set forth, and pra\ing, &.C. And your, Sec. that the said T. II. being dnlv served with pr(. J. may, upon their several and respective corpoial oaths, and according to thrir several and respcTti\o knowledge, remc mbrance, iuformalion, and belief, full, true, and pet f(cl answer make to all and singular the matters and things afore- said, :ind that as fullv and particularly as if the same were here repeated, and they thereunto distinctly interrogated. And that in case it shall appear that the cquitv of redemption of the said mortgaged premises descended upon the dralh of the s:tid 'l\ II. to the said W. II. thou that the said jenefit of Plaintiff, aS the receiver appointed thereof, in manner aforesaid; as also on account of the rents and protits received before he was appointed receiver. That the said G. B. the younger diedj leaving the said S. H. his co-' executor, surviving, who thereupon became, and is the surviving legal personal representaiiveof the said Testator, G. B. the elder; and he, the said S. H. together with the said G. it. are the surviving trustees of the said Testator's residuary personal estate, upon the trusts aforesaid. That the said G. B. the younger, in his life-time, duly made and published his last will and testament in writing, bearing date, &c. and thereby appointed his wife Z. A. B. the said S. H. and G, K. and T. D. executrix and executors of his said wrll, and that the said S. H. G. Ri and T. D. have, since the death of the said (i. li. the y.nmgerj duly proved his said will in the proper Ecclesiastical Court, and taken upon themselves the execution thereof, and thereby bccante, and are the legal personal representatives of the said Testator, G. B. the younger. That the said Testator G. B. the younger, died possessed of, interested in, and entitled unto, a very cons-iderable personal estate, and that they his said executors, or some or one of them, or some person or persons by their, or some or one of then- order, or for their, or some or one of their use, have or hath possessed, got ni, and received the same, to a very large amount, and more than sutiticient to pay and discharge all his funeral expenses, iJcc. and particularly to answer and satisfy the demands ot Plaintiff thereon, in respect of the matters aforesaid ; and no account hath as yet been rendered or taken of the said Testator G. B. the elder's residuary personal estate, a moiety whereof belongs to the Plaintiff, and a very considerable sum of money now remains due to the Plaiiititi' from tlie estate of die said G. B. the elder, in respect thereof, and so much thereof as hath been possessed or received by the said G. B. the younger, ought to be ascertained and paid out of the assets of the said G. B, the younger, possessed and received by his said executors as aforesaid, as also what is due from him iu respect of the rents and profits as afore- said. That the residuary personal estate of the said G. B. the elder, yet re- mahjing unaccounted for on account, ought now to be taken, and of the application and disposition thereof, and that the clear residue thereof ought to be ascertained, and one moiety thereof set apart and appropri- ated for the use and benefit of the Plaintif}, under and by virtue of the said will of the said Testator G. B. the elder; and that an account ought also to be taken of the rents and profits of the said real estateg belonging; u50 BILLS OP SUPPLE MF.NT A XT) REVIVOR. belonging to the Plaintiff, possessed or received by the said G. B. the youngtr, in liis life-time us aforesaid. "^ihat Plaintiff is also, as he is advised, entitled to have the suit and proceedings, which so became abated as aforesaid, revived, and to Ijave the same benefit thereof against the said Defendants, the personal repre- sentatives of the said G. B. the younger, as Plaintilf could or luiglit have had against the said G. B. the younger had he been livin^r. AikI that Plaintiff is entitled to prosecute the decree made in the said cause, and that some proper person ouglit to be appointed by this honorable Court to be a receiver of the rents and profits of the aforesaid devised real estates, in the place and stead of the said G. B, the younger, de- ceased, with the usual and necessary directions in liiat behalf. All whichj, &c. To the end, Sec. Prai/er. That the said suit and proceeding.'-, which so became abated as afore- said, may stand revived and be ni the same plight and condition as the same were in at the time of the death of the sai(i G. B. the younger, and that Plaintiff may have the same benefit thereof against the said Defendants S. 1!., ifcc. 6cc. as he coidd or might have had against the said G. B. the younger, had he been living. And that the said decree made on the hearing of the said cause, niay be di- rected to be prosecuted and carried into full effect, and that some proper person may be appointed receiver of the rents and profits of the aforesaid devised reafc states, with the necessary and u'-uaj directions in that behalf, in the place and stead of tiie said G. B. the younger, deceased. And that an account may be decreed to be taken of the personal estate and ettects of the said G. B. the elder, deceased, possessed or received by the several Defendants S. H., &.C. or any or either of them, or by the said G.B, the younger, deceased, in his life-time, or by any other person or persons by their, or any or either of their, or for their, or any or eitlier of their use, on account, and of the ap[>lication and disposition thereof. And that a proper person may be ap]>i>inted receiver of the rents and profits of the leasehold estates of the said (i. B. the elder, and to collect and get in his personal estate outstanding, with the usual and necessary directions in that behalf. And that an account may be also taken of the funeral expenses, debts, and legacies of the said G. B. the elder, and that tlie same, if any remains unpaid, may be paid and discharged in a due course of administration, and that the clear residue or surplus of the personal estate of the said 'J'estator G. B. the elder may be ascertained, and that one full moiety thereof li;ay be set apart and appropriated for the use and benefit of Plain- tiff", and may be ordered to be paid into Court, and to be preserved and improved for his use and benefit dm ing his minority. And that an account may be decreed to be taken of what was received and appiopri;ited, or ^et apart and laid out in the purchase of funds by the said Ci. B. the yi^nngrr, either on account of, or from, or in respect of the l^luintiff's part or share of and in the residuary per- stjiial estate of the iuui Testator G. B. the elder, or on account of, or IHLLS OF SUrPLEMENT AXD UEVIVOU. 351 or from the rents and profits of the PhiintifFs said real estates. And tli'.it an account may be taken of the rents and prolits of the Plain- tirt's said estates possessed or received by the said G. IJ. tlie younger in his life-time, or by any one by his order, or for his use, and that the said stocks or funds so purchased with the Phiintilf's money may be ordered to be transferred into the name of the Ac- counlant-General of this Court, in trust for the Plaintiff. And that the said Defendants, the personal representatives of the said Testa- tor G. J5. the younger, may be decreed to account for and pay, to or for the use of the Plaintiffs, wliat shall appear to have been coming due to him from the estate of the said G. ii. the younger at the time of his decease, and that they may eitiier admit assets of the said Testator G. B. the younger, come to their hands, sufficient to answer and satisfy such the aforesaid demands of the Plaintiff therein, or that they may be decreed to account for the personal estate and effects of the said G. 15. the younger deceased, and for the application and disposition thereof in the usual manner. And that all proper and necessary directions may be given for effecting the several matters aforesaid. And for general relief. SECT. 3j2 SECT. II. — -CROSS BILL. A CROSS BILL is a bill brought by the Defendant ag'ainst the PhiintifF in a former bill depending, touching- the matter of such bill, or the facts set forth in the Defend- ant's answer to the Plaintiff's oria'inal bill. 3 A cross bill should state the original bill and proceed- ings thereon, and the rights of the party exhibiting th^ bill, which are necessary to be made the suljject of cross litiga- tion, or the ground on which he resists the claim of the Plaintiff in the original bill, if that is the object of the new bill. But a cross bill being generally considered as a de- fence, or as a proceeding to procure a complete determina- tion of a matter already in litigation in the court, the Plain- tiff' is not, at least as against the Plaintiff in the original bill, obliged to shew any ground of equity to support the jurisdiction of the court. Harrison''^ C/uuiccriji 81, S-3. A Cross CROSS BILL. 353 A Cross Piill ivhere a Person is sued to account, evJiibited by the Defendant against the Complainants, to produce Paperss and di.'xover who hath acted in an Executor- ship. Humbly, Sec. shewetli, Sec. your Orator A. B. of, &c. tliat C. D. late of, &,c. was in his life-lime seised and possessed of a very consider- able estate, both real and personal, and being so seised and possessed, did, about njake his last will and testament in writisig, and thereby devised and bequeathed unto three of his children, viz. P. D., J.D., and T. D., several legacies and bequests, and also to his daughter E. D. the sum of, &c. and did also by the said will appoint, that whereas he was possessed of several houses in, &c. by lease, which were burnt down in the dreadful fire which happened, &.c. That his execut;)rs thereinatter named should rebuild the same, and the profits thereby afterwards arising^ to be equally divided, to and amongst his said three children, and the survivors of them, share and share alike ; and did furdier «Urect, that whereas he had e£ in the East India company's stock, that the same should not be taken out by his executors for years after his decease ; and in and by the said will he did desire, that his exe- cutors should, &c. as by the said last will of the said C. D., had your Orator the same to produce, more fully would appear. And afterwards, about, &c, the said C. D. died, possessed of a great personal estate, consisting in ready money, and monies out upon securities ; and your Orator further sheweth unto your Lordship, that afterwards your Orator and the said E. F. and P. D. proved the said will, but your Orator never possessed himself of any of the personal estate of the said C. D., other than the lease of the houses in, &c. which he rebuilt, and received the rents, issues, and profits of the same, great part of wiiich he expended in maintaining and educating the children of the said Testator, and other part thereof in building and repairing the said houses, and other monies he paid to the said P. D., to be employed, &c, ; and your Orator did not any further act in the said executorship than as aforesaid. And your Orator further shevvelh unto your Lordship, that the said P. D. at las father's death, being about years old, and of suflicient discretion to manage the said estate, your Orator, with the said other executor E. F. was content, and were both very willing that the said P. D. should be the principal acting executor of the said will, to the intent he might be the better instructed in the management of the said estate, and make the best improvement thereof for the benefit of himself and his other bru- thers and sisters, which so nearly concerned him ; and this they did the rather, for that they looked on the said P. D. to be very careful and trusty, and it might be as well an ease to them, as also a good employ- ment for the said P. D. who had little or no other employment of his time ; and besides, your Orator being very aged and infirm, was unable to meddle in the said executorship, nor did he meddle therein otherwise than aforesaid, by means whereof the said P. D. did altogether act in the said executorship, by receiving and paying all sums of money that any ways concerned or related to the said executorship, save only as to the said houses in, &c. which by reason of the nearness thereof to your A A Orator's 354 CROSS BILL. Orator's habitation, uho then lived and still lives in one of ihem, he was \villing to undertake the management of them as aforesaid. And your Orator further sheweth unto your Lordship, that according to the direc- tions of the said will, he did several times make up his accounts in writ- ing, and deliver them to his executors of the said will, all which accounts so delivered in by your Orator as aforesaid, were true and just accounts of all the actings and dealings, and of ail the receipts and payments about or in relation to the personal and other estate of the said C, D., as by the said accounts, had your Orator the same to produce, more fully would appear; and which accounts are in the hands of the said G. H. the surviving executor of the said will, the other two being since dead, or in the hands of some other trustee for him, and where he may have access to the same ; and your Orator can give no otiu r account of those sums, or the same again, unless he had those accounts, or true copies thereof. And your Orator sheweth, tliat the said P. D, about, &.C. made his last will and testament in writing, and thereby did devise, &c. and did also give and bequeath to, Sec. and of the said will made your Orator, the said E. F., &.c. Sec. executors, and soon after died, possessed of a very considerable estate, both real and personal, as in and by the said m ill, had your Orator the same to produce, more at large appeareth ; and after the said P. D.'s death, your Orator joined with the said E. F., &.C. 5cc. in the probate of the said will, in the Prerogative Court, but never intermeddled more witli the said executors-hip, or with the estate of the said P. D., but the same hath been wholly managed by the said E. F., who hath ever since the death of the said P. D. received and paid all sums, and done all other acts relating 'to the said P. D.'s estate, and likewise to the said C. D.'s estate, whereby he hath gotten into his hands large sums of money, and other goods and chattels of a great value. But now so it is, may it please your Lordship, that the said E. F., &c, &c. combining with, &.c. by cunning insinuations made the said, &.c. believe, that great part of the estate of C. D. and P. D. is in the hands of your Orator, although they well know the contrary, and that upon a fair account the said estates will be much indebted to your Orator, besides several sums, not mentioned in such accounts, lent by your Orator unto the said P. D., which your Orator hopes he may retain in his hands, or be reimbursed the same by the said E. F., who hath got all the estate of the said P. D. in his hands ; they the said E. F. &c. Sec. have either caused or procured the said, Sec. to exhibit a bill in this honorable Court against your Orator, to call him to account for his transactions in the said estate, thereby intending lo charge your Orator wiih the whole estates of the said C. D. and P. D. though they well know ; and so the truth is, tiiat your Orator never intermeddled wiih any part thereof, save only the said estate in. Sic. ; and the better to colour their pretences, have likewise consented and procured themselves to be made parties to the said suit, and that there may be little or no prosecution at all against them, the said, Sec. therein, or if any, the same is only for form's sake, and the charges thereof to be Ijiid upon the said E. F. 8cc. Sec. and the same suit was wholly prosecuttci by the contrivance of the said E. F. Sec. or one of them, on purpose to take oft the bnrtlien that lay upon them, to account for iheir transactions in the said several estates, by charging your Orator, notwifhstanding the said P. D. was the only acting executor, and the only person CROSS BILL. 355 person who used to receive and pay any money on account, any other l)u.siness concerning the said estate of liis father C. D. and that tlie said E. F. hath, being the like acting executor in the estate of the said P. D. who, as executor, is chargeable with the acts and defaults of P, D. in and about the management of his father's estate ; and your Orator, abating (he receipt of the, &c. rents, never acting in the management of either of the said estates, unless it were, by implicit consent, to confirm the actions of tjie said P. D., and also by the said bill, they design to charge your Orator solely for all the joint actions of the said P. D. and E. F. with your Orator, touching the said C. D. his estate, who, if any joint neglect were, ought to be equally contributary to the same ; and likewise, by the said bill they charge your Orator to give an account of all the receipts and disbursements by him in the said estates, for which he accounted to the said executors, well knowi.ig that he cannot possibly make an account of such his receipts and disbursements, without sight of such his former papers of accounts, or true copies thereof, in regard he hath no copies of his own as aforesaid ; and the said accounts, by the combinations afore- said, are detained and concealed from your Orator, who hath no means to discover the said accounts, or to have copies thereof, or to defend himself against the said unjust proceedings of the said confederates, or to be relieved in the premises, but by the aid and assistance of this ho- norable Court. Prai/er. To the end therefore that your Orator may be the better enabled to make such accounts as shall be required from your Orator, he humbly prays that the said confederates may set forth the said ac- counts so delivered in by your Orator as aforesaid unto the exe- cutors, and that such of them as shall be discovered to have the came, or in the custody of any other to their, or any of their use, may upon oath deliver to your Orator true and authentic copies thereof; and also that they the said confederates may severally set forth, whether the said P. D. was not the chief acting executor of the said Testator C. D., and whether your Orator to their, or any of their knowledge, ever acted in any thing touching the said estate without the presence or consent of the said P. D., save only about the estate in, Sec. ; and whether such actings of your Orator with the said P. D. were not only to confirm the acts of the said P. D., and if otherwise, that then the said confederates may particularize, so that your Orator may not be chargeable with other men's actions ; and that they the said confederates may also set forth whether the said E. F. hath not been the only person that hath managed the said P. D.'s estate as executor, or who hath been so ; or whether your Orator hath any ways intermeddled therein, otherwise than by join- ing in the probate of the will of the said P. D. with them the said. Sic. and also that all the confederates may true answer make to all and singular the premises, and your Orator be relieved according to equity and good conscience. W. C. A A 2 SEiT. a56 SECT. III.— BILL OF REVIEW. A BILL of review is, where, after a cause is heard and the decree sig-ned, complaining- of some error in law, or mistake appearing in the body of the decree, or when some new matter is discovered that was not discovered at the time of makinsT the decree. '& The bill of review is in nature of a writ of error at com- mon law ; it recites shortly all the proceedings, with the de- cree : and here it is to be noted, all the decrees are to be enrolled from the original proceedings ; they are not en- rolled from the register's recitals of the decree, because the six clerk certifies he has examined them with the records, and that they agree tog-ether. If any new deed is found out, or a new discovery since the hearing, which the party had not knowledge of at the hearing, and has since then come to the knowledge thereof, he must annex an affidavit of the matter, and pray an an- swer from the adverse party, and he must, upon filing his bill of review, serve the party with a siibp(X7ia ad re^vi'cen- dum. A bill of review cannot assign for error that any of the matters decreed are contrary to the proofs in the cause, but must shew some error appearing in the body of the decree, or new matter discovered since the decree made. 1 Vcrn. 117. On a bill of review, the cause of review must arise and appear upon the case as stated in the decree, and must be admitted BILL OF REVIEW. 367 admitted as there stated, and though the fact whereon the Court gave judgment was mistaken, yet that is no ground for a bill of review after a decree enrolled, but the fact must be admitted true, and the decree enrolled is matter of re- cord, and can be tried only by the record ; but in mistak- ing the fact, the proper course was to have gotten the cause re-heard before the decree had been signed and enrolled* 2 Freem. 182. Bill 358 BILL OF REVIEAr. Bill to reviezo, revisey and answer i Humbly complaining, sheweth unto your Lordship, your Orators-, A. B. of, &c. and C. D. of, 8cc. that, &.c. (setting forth the former bill as in the decretal order,) and thereupon the Defendants answered, and the Plaintiff replied, and witnesses were examined, and their depositions published, &,g. that the cause came on to hearing, and was heard and de- creed by the Lord Chancellor C, after which, &;c. petitioned for a re- hearing to the Lord Chancellor, &c. and the cause was accordingly re- heard, and a decree for reversal was made by his Lordship, {set out the decree,) and that decree is signed and enrolled in this Court ; but your Orators do aver and say, that they are aggrieved by the said last decree, and that they ought not to be bound thereby, nor should any such decree have been made or pronounced against your Orators ; neither ought your Orators to pay, &c. as by the said decree is appointed ; and that the same decree is erroneous, and ought to be reversed ; and for error do, accord- ing to the course of this honorable Court, assign the error therein as fol- loweth : iirst, your Orators say, and hope to maintain, that, Sic. which is altogether uncertain, &c. ; secondly, that, 6cc. which appears by, Sec. to be fraudulent and corrupt ; thirdly, that, &c. was not alive at the time of the said decree made in the said cause against your Orators, and so could not be bound by the said decree, and consequently your Ora- tors ought not to be bound thereby ; for all which said errors and im- perfections in the said decree, your Orators have brought this their said bill of review, and humbly conceive they should be relieved therein. In cont^ideration whereof, and for that there are divers other errors and imperfections in the said decree and proceedings, by reason vs hereof the same ought to be reviewed and reversed, and that the first decree made by, 8cc. ought to stand and be confirmed, &c. P7'aj/er. To the end therefore that the said last decree, and all proceedings thereupon may be reviewed and reversed, added, &c. and that the said, &.C, may answer the premises ; and that your Orators may be relieved in all and singular the premises according to equity and good conscience, &c. may it please your Lordship to grant your Orators his Majesty's writ of subpoena, to revive and answer, di- rected to, &c. commandmg them, &c. SECT. 359 SECT. IV. BILLS TO CARRY DECREES INTO EXECUTION". SOMETIMES from tlie neglect of parties, or some other cause, it becomes impossible to carry a decree into execu- tion, without the farther decree of the court. (2 Chn. Rep, 123 and 2 Vcrn. 409.) This happens generally in cases where the parties having neglected to proceed upon the decree, their right under it becomes so embarrassed by a variety of subsequent events, that it is necessary to have the decree of the court to settle and ascertain them. Sometimes such a bill is exhibited by a person, who was not a party, nor claims under any party, to the original decree, but claims in a similar interest ; or is unable to obtain the de- termination of his own rights, till the decree is carried into execution ; or it may be brought by or against any person, claiming as assignee of a party to the decree, (1 Cha. Ca. 231. 3 P. fV. 197. 4 Bro. P. C, 168.) A bill for this purpose is generally partly an original bill, and partly a bill in the nature of an original bill, though not strictly original ; and sometimes it is likewise a bill of re- vivor or a supplemental bill, or both. The frame of the bill is varied accordingly. {Alit. 37 and 38). Bill 360 BILLS TO CARRY DECllEES INTO EXECUTION. Bill of Supplement by Infants against Trustees^ ^c. to prosecute Decree^ and Defendants to be charged wit Ji. jSIonics that they ought to have laid out. Humbly complaininir, shew unto your Lordship, your Oratrixes and Orator M. A. B. K. G. B. and G. D. B. all infants under the respective age of 21 years (that is to say) your Oratrix M. A. B. of the age of years or thereabouts, E. G. B. of the age of or thereabouts, and your Orator G. D. B. of the age of , or thereabouts, by J. L. of , their next friend, that in or about term , your Oratrixes aiid Orator's mother, by her then name of M. B. together Mith W. B. and G. D. B. being all then infants under the age of 21 yeais, but who have all since attained that age by their next friend, exhi- bited their original bill of complaint in this honorable Court against sir J. M. bart. J. W. W. C. the younger, B. B. and F.I . since de- ceased, as Defendants thereto, thereby stating such several matters and things as are therein particularly mentioned and set forth, and praying that, ik.c, (set out the prayer). And your Oratrixes and Orator further shew unto your Lordship, that all the said Defendants being duly served M-ith process, appeared and put in their answers to the said original bill, and the said cause being at issue, and witnesses having been examined therein, the san^e came on to be heard before the then Lord High Chan- cellor of Great Bri'ain, on the day of , when his Lordship was pleased to declare the vvill of the said Testator W. B. dated the day of to be well proved, and that the same ought to be established, and the trusts tiiereof performed and carried into execution, and did decree the same accordingly. And it was ordered, &c. (state order). And your Oratrixes and Orator further shew unto your Lordship, that the said M^B. having intermarried with G. B, of D. in the county of B. esq. your Oratrixes and Orator's father, the said suit a: d proceedings so far as concerned the said jNL became abated, and in Consequence thereof, they, on or about the day of exhibited their bill of revivor in this ht)iiorable Court, j.raying that the same might stand revived, and be in the same plight and condition as the i.ame were in at the time of the intermarriage of the complainant ; and that the said decree made on the hearing of the said cause, might be directed to be prosecuted and carried into full eiiiict, and that all proper and necessary directions might be given for effectuating the several mat- ters aforesaid. And your Oratrixes and Orator i'urlher i-hew unto your Lordship, that \\ . B. and G. B. B. the complainants in the original bill, exhibited their bill of revivor in this h()noral)le Court on or about the day of , against the said G. B. and M. his wife, .stating their intermarriage, whereby the said suit and proceedings had become abated, so lar as concerned the said M. B. and praying tliat the said suit and proceedings nnght stand and be revived against them the said (i. B. and M. his wife, or that they might shew good cause to the coiiirary. And your ()ratrixes and Orator further .shew unto your l^ord- sbip, ihat by an order, bearing date on or about the day of your Lordship \v;!s pleaded to order, that, «3cc. (the trustees were ordered to j)ay the sum therein mentioned, into the bank, to the account of ^L Ij.) And BILLS TO CARRY DECREES INTO EXECUTION. 36l And your Oratrixes and Orator furtlier shew unto your Lordship, that in pursuance of the said order, the said sum of £ was paid into the bank with the privity of the Accouutant-General, and was afterwards laid out by him in the purchase of £ 3 per cent, consolidated annuities, which are now standing in the name of the said Accountant- General in trust in this cause, to ihe separate use of the said M, B. as in and by the said original bill, answers, decree, bills of revivor, order and other {proceedings now remaining tiled as of record in this honorable Court, and to which your Oratrixes and Orator, for their greater certainty, crave leave to refer, will, when produced, more fully appear. And your Ora- trixes and Orator further shew unto your Lordship, by way of supplement, that no settlement having been made previous to the marriage of the said G. B, and M. B. of the part or share of the said M. B. in the residuary estate of the said Testator VV. B. tlie interest and dividends thereof, by the will of the said Testator became payable to the said M. B. for her sole and separate use during her life, and the principal thereof will be divisible after her death amongst such children of the said M. B. who being a son or sons shall live to attain the age or ages of 21 years, or being a daughter or daughters shall live to attain the ag« or ages of 21 years or be married, which shall first happen. And your Oratrixes and Orator further shew unto your Lordship, by way of supplement, that your Oratrixes and Orator are the only children of the said M. B, And your Oratrixes and Orator further shew, that the accounts of the real and personal estate of the said Testator, directed by the said decree of the day of have never in any manner been prosecuted, and that no part of the produce of the real or personal estate of the said Testator hath ever been paid into, or secured by this honorable Court, other than the aforesaid sum of £ 3 per cent, consolidated an- nuities, which is standing as aforesaid, in trust in this cause, to the sepa- rate account of the said M. B. And your, &c. that the said Defendants sir J. M. J. W. W. C. and B. B. upon, or soon after the death of the said Testator, possessed themselves of the personal estate and effects of the said Testator to a great amount, and the said Defendants also sold the real estates of the said Testator, or some parts thereof, and from the rents and produce of such real estates, possessed other large sums of money. And the said Defendants did, or but for their wilful default and neglect might, from time to time have laid out and invested the monies so received by them, in respect of the real and personal estate of the said "J'estator, in such manner that the part or share of the said M. B. therein, after making thereout a reasonable allowance for her maintenance and education, did or nught have greatly accumulated. And your Oratrises and Orator further shew, that they are, as they are advised, entitled to have the benefit of the said suit and proceedings, and to prosecute the said decree against the said several Defendants. To the end therefore, &c. (the usual leorch of form preceding the i)it6rrogatitig part.) Interrogating Part. Whether, at or about the time hereinbefore mentioned, or at some other time, and when, your Oratrixes and Orator's mother, by her then name of M. B., together with W. B. and G. B. B. did not exhibit iheir original bill 363 BILLS TO CARRY DECREES INTO KXECUTION. bill of complaint in this honorable Court against such persons as are here- inbefore in that behalf respectivelv as Defendants thereto, thereby stating j- the accounts of the said real and personal estates of the said Tes- tator, the said Defendants, the trustees, and executors, may be charged with such sums of money as have been, or but for the wilfijl default and neglect of the said Defendants, might have been accu- mulated by duly laying out and investing, pursuant to the wil| of the said Testator and the said decree, the monies which are, or ought to have been, from time to time, in the hands of the said Defendatits, the trustees and executors ; and that such further sum as, togeiher with the said sum of ^ ,3 per cent consol. annuities, will make up the part or share of the said M. B. in the real and personal estate of the said Testator, may be paid into and secured by this honorable Court, for the benefit of your Oratrixes and Orator, or such of them as may eventually become entitled thereto ; and that, for these purposes, all proper directions may be given; and that your Oratrixes and Orator may have such further and other relief in the premises as the nature of the case may appear to require, and to your Lordship shall seem meet. Pray Subpoena aifainst Sir J. M. J. TV. J. L. IP. C, B. B., )¥. B., G. B. B., G. B. and M. B. his wife. A Bill by an Administratri.v for an Account, and to re- ceive a Decree, and carry it into E.vecuiion. Humbly complaining, sheweth unto your Lordship, your Oratrix, A. C. widow and relict of P. C. late of , in the county of esq. deceased, and mother and administratrix of the goods and chattels, rights and credits, of P. C. deceased, who was eldest son and heir of the said P. C. your Oratrix's late husband, deceased, by your Oratrix, that some time in or about the day of , your Oratrix and W, C. the younger son of the said P. C. your Oratrix's said late husband, de- ceased, by your said Oratrix, an infant, then under the age of , by your said Oratrix, his mother and next friend, exhibited this bill of complaint in this boDorable Court, against the said P. C. as the eldest son and heir of 364 BILLS TO CARRY DECREES INTO EXECUTION. of the said P. C. your Oiatrix's said late husband, by your said Oratrix, he being hen an infant undtr the age of tuonty-one years, L. R. W. \\ . W, L and G. C. and W. C. younger brothers of your Oratrix's said late husband, setting forth, amongst divers other matters and things, that previous to the marriage of your Oralrix with the said P. C. your Oratrix's said late husband, deceased, the said P. C. in considera- tion of the e;)id marriage, aud of your Oratrix's marriage poition, by cer- tain articles^ bearing date the day of , and made, or men- tioned to be made between the said P. C. of the one part, and the said W. L. and your Oratrix of the other part, he the said P. C. did thereby covenant for himstlf, his heirs, executors, and administrators, immedi- ately after the solemnization of such marriage, to settle the manor of , with the appurtenances, and divers other lands and hereditaments therein particularly mentioned, in the parishes of , and , in the said county o^' , to the use of himself, for life, without impeachment of waste, remainder to trustees, to support contingent remainders, re- mainder to the use of the first and other sons of him, the said P. on the body of your Oratrix to be begotten, in tail male, with remainder to L. C. since deceased, brother of the said P. C. and all others, the brothers of the said P. C. according to their seniority successively, in tail male, with remainders to the right heirs of the said P. C, and also setting forth, that soon ai'ter tlie execution of the said articles, the said marri:ige took effect ; and that in , the said P. C. your Oratrix's iaid late husband died, leaving your Oratrix, his widow, and the said P. since de- ceased, his eldest son, and the said W. C. his only children by ihe said marriage then living, having first duly made aud published his last will and testament in writing, bearing date the day of , and therein taking notice of his said marriage articles, confirmed the same, save and except the uses to his brother, G. and his issue in tail, v. hich he revoked, as therein is mentioned, and devised all his manors, houses, mes- suages, rectories, advowsons, lands, tenements, and hereditaments, and the reversion thereof, with all his estate therein, unto the said L. R. and \V. W. iheir heirs and assigns, in trust for performance of the snid mar- riage articles ^save as before excepted), and for the intents and j urposes therein, and in the said will set forth ; and particularly that the s;iid trus- tees, and liie smvivor of them, aud the executors of such survivor, should have the sc)le diiection of all his real estate, to let and set the same, and receive the rents, issues, and profits thereof, until one of his sons should attain the age of twenty-one \ears, and should apj)ly the rents and profits of all his real estate, save such as should be applied in the maintenance liiid education of his said son P. C. or his younger son (in case he should suivive him), for payment of all or part of the principal or interest of any mortgages or incumbrances upon his said estate, or any part thereof, and made your Oiatrix sole o.ecutrix of his said uill, v\ho, after his tlealli, duly | rovt t! the same, and took upon herself the burthen of the extcnlion ilitreo} • and luithir m ttmg I'oith, and praying in and by the eaifi IjiII lo li- i«licved. as therein is prayed. i\iid your Oratrix further fchtwclh unto your Lordship, lliat the said Defendants, being served with process, did appear to and put in their several answers to your Oratrix's said bill, and the said L. K. and VV. V\ . VV. L. G. C. and W. C. ihiieby severally and respectively admitted, that such articles were duly executed, and that such marriage was had, aud that the Defendant, P. C. since BILLS TO CARRY DECREES INTO EXtCUTlO.V. S63 since deceased, and tlie said PlaintifF, W. C. were ihe only issue tlieroof; and that the said Testator died in , iiaving ni-ule such will as afore- said, and appointed thereof your Oratrix sole executrix ; but itii; J^eftMuI- ant R. denied he liad received any of tliejeiits and profits of the said I'es- tator's since his death; but the Defendant VV. adinitte,! th:it he lirid re- ceived the same, and submitted to acco(nit, as the court should direct. And the said P. C. the infant, put in his answer to the said bill by T. B. his guardian, and thereby (amongst other things) submitted his interest in the premises to the care and protection of the Court. And yoair Ora- trix further sheweth unto your Lordship, that the said cause being there- upon at issue, and witnesses examined on both sides, the same came after- wards to be heard, to wit, the day of , in the year of the reign of his present Majesty King George the seconil, before lire then Master of the Rolls; and thereupon it was (amongst other things) d.'- clared and decreed by his Honor, that the said Testator's will was well proved, and that the trusts thereof ought to be performed: and that the said manor of A. and lands agreed to be settled by the said marriage ar- ticles, were to go according to thu limitations of the said marriage articles, discharged of the said Testator's debts, and that Mr. , one of the Masters of this honorable Court, should take an account of tlie said Tes- tator's debts and legacies, which were to be paid first out of the said suiu of , part of your Oratrix's portion, and the residue thereof was to be raised and paid out of the rents and profits, or by sale or mortgage of die said Testator's real estate, by the said articles and will particulaiiy appro- priated for that purpose, with the approbation of the said Master; and any dehciency therein was to be made good out of the other part of the Testator's real estate, not in settlement to your Oratrix; and that a fit. and proper person should be appointed to receive the rents and profits of all the said Testator's real estates; and the said Master was to see what was proper to be allowed for the maintenance of the Defendant, P. C, and the Plaintiff W. his brother respectively, as well for the time past, as to come, and to state the same to the Court, whereupon such further order should be made as should be just ; and what was to be allowed for their respective maintenance, was to be paid to your Oratrix, their mother, out of the rents and profits of the said estate, so long- as she could maintain them, and until further order of Court to the cc^ntrarv. and all other proper directions were given for the taking the said account ; as, by the said bill and answers, and the other proceedings in the said cause, and the said decretal order made upon the hearing thereof, re- maining as of record in this honorable Court, may more fully and at large appear, and to which your Oralnx hm/ibly craves leave to reftr herself; and jOur Oratrix further siieweth unto your Lordship-*, that alur hearing the said cause, a. id making the said decree, to wit, in or aljout tlie month of , the said Defendant, P. C. the ek\fA son and h( ir tf the sail! Testator, P. C departed this life intest.ite, and uitliout issur, as did also the Defendant, W. W in or about the mondi of , liy reason whereof your Oratrix is advised, that the said cause, and the pro- ceedings and decree had therein, as to them, the said P. C. and W. W. became and are abated; and your Oratrix further shews unto vonr Lord- ship, by way of supplement to her said former bill, that upon die dea'h of the said Testator, P, C. the said manor of A. and lands and premises of S66 BILLS TO CARRY DECREES INTO EXECUTION-. of W. agreed to l)e settled in and by the said marriage articles, as thereirf and !ieri;inbefore is mentioned, and vrliich were discharged by tlie said decree from payment of tiie said Testator's debts as aforesaid, did, by rirtiie of the said marriage articles, immediately upon the death of the said P. C. your Oratrix's late husband, come to the said P. C. as eldest son and heir of the said marriage, and his heirs male; and that he be- came entitled to the rents and profits thereof from tlie death of his said father to his own death, and upon his death the said estates came to the said W. C. the Testator's said secftnd sons, and one of the Defendants heieinafter nained, as tenant in tail, by virtue of the said articles ; and your Oratrix further sheweth, that the said W. W . was appointed receiver of the rents and profits of the said Testator's real estates, pursuant to the said decree; and as your Oiatrix is informed, tlie said \V'. W., till the time of his death, and the said L. H. or one of them, not only received the rents and profits of th.o said "^i'estator's real estate, subject to the payment of his debts, but also of the said settled estate, which belonged only to the said P. C. her son, and applied the same promiscuously with the rents of the said other estate, in payment of the said Testator's debts and legacies, or for some other uses and purposes for which the same were no ways applicable ; and your Oratrix lurther sheweth, that the said W. W. some time before his death, duly made his last will and testament in writing, and thereof appointed C. 13. of M. in the said county of N. geiitlcman, and K. H. of the same place, gentleman, exe- cutors, who have proved the same, and possessed themselves of his per- sonal estate ; and, bince the decease of the said W. W. L. L. of , in the said county of , gentleman, hath been appointed receiver of the said Testator, P. C.'s said real estates ; and your Oratrix further sheweth, that there was a great arrear of rents and profits due to the said P. C. her son, at the time of his decease, for the said manor of , and the said lands and premises at , agreed to be settled as aforesaid, and then unreceived^ and in the hands of the several tenants, vho held and rented the same, amounting to the sum of , and up- ^vards, and that some part thereof, since the deceases of the said intestate, P. C. and the said W. W. hath been received by the said C. B. by vir- tue of or under pretence of some order or direction for that purpose, and that the order, part thereof hath been received by the said L. L. the said receiver, and the said 1>. R. the said surviving trustee, or some or one of them, and which they, the said C. B. L. L. and L. K. pretend to have paid and applied towards the payment of his the said P. C. the Testator's mortgage, and other his debts, due and payable out of the other part of his said real estate, in the pleadings in the aforesaid cause mentioned, contrary to the said decree made upon the hearing thereof, as aforesaid ; and your Oratrix further sheweth, that soon after the death of the said V. C her said S(;n, letters ot administration were granted to her out of the l*rerogative Court of \. and thereupon, and by virtue thereof, she became well entitled to all and singular the rents and prolits of the sai(t manor of A. and lands and premises at W. received by the said W. VV., the said late receiver, and the said L. \l. which accrued due for the same estates, alter the death of the said Testator, P. C. ov which were received by them after making the said decree in the said intestate's life-time, over and above his inainluimnce, and all the arrears thereof, which were in the hands BILLS TO CARRY DECREES INTO EXECUTIOy. 367 hands of the tenants, and unreceived, and due to the said P. C. your Ora- trix's said late son, at the time of his death, and ou'j,nt to have received the same, and oui^ht to have had an account thereof, and the same ought to be distributed in moieties between your Orairix and her said son \V. as by the same letters of administration, in the custody or power of your Oratrix,and ready to be produced to this honorable CiHut, may appear. And your Orairix humbly insists, that by virtue of the said letters of administration, your Oratrix stands in the place of the said V*. C. her said son, deceased, as to the said rents and profits received of his said estate, as aforesaid, in his life-time, and which were due to him, and in arrear, and received as aforesaid, since his death, and thereupon is entitled to liave the aforesaid decree made upon the hearing of the said cause, re- vived and carried into execution, and to have the benefit of all tlie said proceedings, in such manner as this honorable Court shall direct. And your Oratrix further sheweth, that they the said \V. C. her son, C. 11. R. H. L. L. and L. [J. have entered into a combination and confederacy how to defeat your Oratrix of the said moiety or half part of the said rents and profits of the said manor of A. and lands and premises at W. which were received by them the said W. W. and L. K, in the life-time of the said intestate, J*. C. over and al)ove his maintenance, and which were due, and in arrear to the said intestate, P. C her said son, at the time of Ins death, and which have, since his death, been receivetl by the said C. B. JL. L. and L. li. or some of them, and to all which, and an account thereof, your Oratrix is well entitled as aforesaid ; and thereupon the said confederates, and especially the confederates C. B. R. H. L. L. and L. R. refuse to give your Oratrix any account thereof, or to pay her the same ; and they, the said C. B. and li. H. pretend that the said W. W. did not leave assets sutiicient to answer and make good to your Oratrix what he so received; and the said W. C. pretends that he is en- titled to tiie whole of the rents and profits of the said mam^r of A. and the lands and premises at VV. which were received by the said W. W. and L, R. in the life-time of the said intebtate, P. C. over and above his maintenance ; as also, to the rents and profits which were in arrear and due to the said intestate, P. C. at the time of his death, for the same, or that the same ought to be applied in discharge of the said P. C. his late father, the Testator's debts ; whereas your Oratrix doth expressly charge as above ; and that the said W. C. was entitled to one moiety, or half part thereof only, and that your Oratrix is well entitled, as aforesaid, to the other moiety, or half part thereof ; and your Oratrix doth also insist, that as the said manor of A. and the lands and premises at VV. agreed to be settled as aforesaid, were, by the said decree, discharged from the payment of the said Testator, P. C.'s debts ; that there;"ore the said rents and profits thereof, which were due to the said intestate, P. C. at the time of his death, and received as aforesaid, ougiit not to go and be applied towards the payment thereof, but ouglit to be equally divided, share and share alike, after just deductions and allowances made out of the same, between your Oratrix and him, the said \V. C. her son. Prayer. In consideration whereof, and to the end that the said confederates, and every of them, may answer all and singular the premises herein- before >GS BILLS TO CARUV DECREES INTO EXECUTIOK. before added by way of supplement, as fully, particularly, and dis- tiuctly, as if the same were here ajiaiu repeated and interrogated, and niore especially that the said C. B., R, H., L. L., and L. R. may set forth a true and just account of all and singiilar the rents and profits of the said manor of A., and lands and premises at \V., which they the said W. W. and L. R. or either of them, or which any other persons by their, or either of their order, or for their, or either of their use, did receive in the life-time of the said intestate P. C, and also a true and just account of the arrears thereof due to him the said intestate at the time of his death, and which, since his death, have been received by the said C. B., L. L., and L. R., or any of them, or any other person or persons by their, or any of their order, for their, or any of their use or uses, separately and distinctly, in each and every of the said years they so received the same, and how much tiiey deducted, paid, or allowed out of the same in each and every of the said years, separately and distinctly, and forwhiat, and upon what account, and how much the same amount to in the whole, after such deductions ; and how and in what manner, and to and for uhose use and benefit they paid and applied the same, or otherwise disposed thereof; and that the said C. B. and R. H. may either admit assets of the said Testator, sufficient to answer your Ora- tri\'s demand upon the said W. W.'s estate, or else that they may set out a true and perfect inventory and particular of all and singular his goods, chattels, rights, and credits ; and how the same hath been paid, applied, or otherwise disposed of; and that the said confe- derates may set forth whether your Oratrix hath not, since the death of the said P. C. her said son, taken out letters of administration to all and singular his goods, chattels, rights, credits, and personal estate whatsoever, and whether your Oratrix is not well entitled to have a just account of the said rents and profits, and in her own right entitled to one full, undivided moiety or half part of all and sin- gular the said rents and profits of the said manor of A. and the lands and premises at \V . received by the said \V. W. and L. R. during the life-time of the said intestate P. C. over and above his said main- tenance, and all the arrears thereof which w ere due and in arrear to him, the said intestate, P. C. at the time of his death; and that they, the said C.B. K. H. L. L. and L. R. may set forth their rea- sons why they refuse to account with and pay to your Oratrix the same ; and that they may be compelled forthwith to come to a just and fair account with your Oratrix, and to pay to your Oratrix what shall appear to be due to her upon such account; and that the •aid decree may be revived and carried into execution ; and that your Oratrix may have the benefit of all the aforesaid proceedings and decree, in such manner as this houorable Court shall direct. May it please your Lordship, &.c. SECT. S69 SECT. V. INFORMATIONS. AN information in every respect ioUpws the form of a bill, except in the style ; but when it concerns on]y the rig-hts of the crown, or of those whose rights the crown takes under its particular protection, as charities, they are exhibited in the name of the King's Attorney or Solicitor- General, as the informant, and in the latter case always, and in the former sometimes, a relator is named, who in reality sustains and directs the suit. The difference in form between an information and a bill, consists merely in offering the subject matter ; as the information of the officer in whose name it is exhibited, at the relation of the person who suggests the suit, in those cases where a relator is named, and in stating the acts of the defendant to be injurious to the crown, or to those whose rights the crown thus endeavours to protect, when the pleading is, at the same time, an information and bill, it is a compound of the forms used for each, when sepa- rately exhibited. It may happen that this person has an interest in the matter in dispute, and susttiins the character of Plaintiff as well as of relator ; and in this case the pleading is styled an information and bill. An information concerninof the rights of the queen, is exhibited also in the name of her attorney-general. The proceedings upon an information can only abate by the death or determination of interest of the Defendant. If there are several relators, the death of any of them, while there survives one, will not in any B B degree 370 INFORMATIONS. degree effect the suit ; but if all the relators die, or if there is but one, and that relator dies, the court will not permit any farther proceeding till an order has been ob- tained for liberty to insert the name of a new relator, and such name is inserted accordingly ; otherwise there would be no person liable to pay the costs of the suit, in case the information should be deemed improper, or for any other reason should be dismissed. Mit, 91, and 1 Ves, 72. 8 Ves, 327. Jn INFORMATIONS. 3^1 Afi Information bij the A. G., at the Jlehitio7i of A.B., against the Trustees, for establishing the Right of cer-^ tain Persons to nominate the Objects of the Charity, iin4 to remove the Trustee.'': for Abuse of the Charity . Informing, sliewelh unto your Lordship, W. de G. esq. his Majesty's A. G. by and at the rehition of S. I. clerk, perpetual curate of the parish chnrch of , that sir T. R., late of, 8cc. lent, being seized or entitled, Ju fee-simple, of or to divers nn-ssuages, lands, tenements, vnA heredita- ments, situate, &c. i\nd by indenture, Scc. (gives a rent-charge to trus- tees, upon the trusts folio^ring, i e. to pay the minor ) for a sf^.rmon to be preached on every day of , and also that minor, church- wardens, constables, and overseers, should tn.id out apprentices at j£ each, and a like sum for the preferment of u poor niaid in mar- riage, in case no proper objects, trustees to elect from the adjacent parish within miles, to keep a book of the disposition of the above cliarity, and power to elect new trustees. And the said A. G., at the relation aforesaid, further informeth your Lordship, that all the persons to who;u the said yearly-rent charge was granted, in trust as aforesaid, are long since dead, and other persons have been from time to time appoiiited trustees thereof; and the said yearly rent-charge hath been from time to time granted to such new trustees, and the same is now vested in, &,c. upon the trusts declared by said indenture of, &c. and the same hath been for several years received by or by the order, or for the use of them, or some or one of them. That Defendants have from time to time, since they have been in re- ceipt of the yearly rent-charge, paid the said yearly sum of for preach- ing a sermon yearly in said parish church of C, but they, some, or one of them, have or hath, during all such time, converted and applied all the residue of the said yearly rent-charge to their or his own use. That several of the inhabitants of the said parish of C. have from time to time made complaints to said present trustees on account of their abusing said charity, by converting said yearly rent-charge (except said yearly sum of ) to their own use, instead of applying tiie same to the charitable purposes directed by said indenture of, &,c. and requested them to place out as apprentices poor boys, nominated by the cluuch- wardens, constables, and overseers of the poor of the said parish of C, according to the directions of said indenture ; and it was hoped that trustees would have complied with such requests. But now, &c. Pretend, that no such deed was executed. Charge contrary. Pretetid, that none of them are trustees of said yearly rent-charge, or however that none of them have received the same, or any part thereof. Charge contrary. Pretend, that they have constantly from time to time applied the whole thereof according to the trusts declared by said indenture, and therefore not now accountable for the same, or any part thereof. Charge contrary, and that if any boys had been placed, or intended to have been placed out apprentices by tiie said Defendants, or any or either of them, pursuant to the directions of said indenture, such boys have been constantly sons of some particular friends or acquaintance of them, B B C or 3TJ INFORMATIONS. or some or one of them, and no money, or however very trifling sums of money paid on any such occasions, or however not really and absolutely and bonajide pai(t,*but only apparently or colourably paid to the masters, and immediately, or soon afterwards, returned to Defendants, or some or one of them, or to some of their friends or acquaintances, or to such boys or their parents ; and such boys have only gone to live w ith their pretended masters for a short time, with a view to claim an allowance of fluch sums as paid on placing them out apprentices. That Defendants have frequently refused to permit the perpetual curate, churchwardens, constables, and overseers of the poor of the parish of C, or any or either of them, to interfere in the nomination of any child to be placed out pursuant to said indenture. That Defendants, in order to keep the application as well as the re- ceipt of the said yearly rent-charge to themselves have kept the indenture, and the trusts thereof, many years past, in said parish, and have, on all occasions, represented themselves to have the sole right of nomi- nating boys to be placed out as aforesaid, and that the perpetual curate, churchwardens, constables, and overseers of said parish, or either of them, have no right to such nomination, or to interfere therein, although they, at all such times, well knew the contrary, they having said deed, or a copy or abstract thereof, in their custody or power. And for the reasons, and under the circumstances aforesaid, relator insists that Defendants ought to answer and make good all the money received by them, and not really applied according to the trusts of said indenture, and ought to apply the same in the increase of said charity, and they ought to be discharged from the office of trustees, and to con- vey said rent-charge to other trustees ; and relator hath applied to them for these purposes, but they absolutely refuse so to do. All which, &c. and tend to the great prejudice and diminution of said charity. In tender consideration whereof, and forasmuch as charitable donations can only be effectually established, and specifically carried into execution by the aid and assistance of a court of equity where matters of this nature are properly cognizable and relievable. To the end, &c. Prayer. That said charity and the right of the perpetual curate, churchwardens, constables, and overseers of said parish to nominate the objects thereof may be established ; and that an account may be taken of all sums of money received by, or by tlie order, or for the use of them. Defendants, or any or either of them, for or in respect of said yearly rent-charge, and that they may apply and dispose thereof in such manner as this honorable Court shall direct, and that Defend- ants may be removed from being trustees of said charity, and new ones may be appointed for such purpose ; and that Defend- ant? may convey over the said yearly rent-charge to such new trus- tees, upon the trusts aforesaid, and deliver over unto them all deeds papers, and writings, in their respective custody or power, relating whereto. And for further relief. Triformation INFORMATIONS. 37i Injormnlion and BUI for re-establishing a Charity which had become dissolved by the Death of the Trustees, without the Appointment of Successors, whereby the Estates vested in the Heir at Law of the Founder. States several wills and deeds which were the foundation of the charity, by which a free-school and an alms-house for poor men were to be established, and that letters-patent granted by queen Elizabeth for that purpose, whereby persons therein named, were appointed governors of said school and alms houses, and incorporated. That T. G., in pursuance of his mother's will, granted and conveyed certain lands to the use of the governors of said charity. That as the said A. B., &c. who were, by the said letters-patent, ap- pointed the first governors of the said school, and died, other discreet and honest men inhabiting within, &c. were from time to time chosen in their stead, and other persons were from time to time chosen to the said office, as often as a revocation required, until of late years, and in the year A. B., &c were the only governors of the said school, and they are all since dead, without any other person being appointed a governor thereof in the room of any of them, according to the power in the said letters-patent, wherefore no person is now in being in whom any power is vested in choosing any governor of the said school, and alms- houses, in consequence whereof the corporation is dissolved, determined, or extinguished, and the estates are at law re-vested till the heirs of the said T. G. and T. A . respectively, i. e. such particulars thereof as were conveyed by the said T. G. to his heirs, and such particulars thereof as were conveyed by the said T. A. to his heirs, but in trust nevertheless in equity as to all such estates for the charitable purposes aforesaid. ,That T. G. is ti.e heir at law of the saidT. G., in manner following, (that is to say,) &c. That M , the wife of V. R., is the heir at law of the said T. A., ia manner following, (that is to say,) Sec. and therefore the legal estate in the said estates is vested in them the said T. G., V. R., and M. his wife^ respectively, in trust for the said charitable purpose. That a master was from time to time appointed of the said school, who from time to time taught and instructed boys and youths, according to the directions of the said letters-patent, and the clear income of the said estates applicable for the support of the said school after defraying the charges for repairing the said bchool, were from time to time paid to such school-master for the time being, until of late years ; and poor men have been from time to time appointed to the said alms-house, and the said clear income of the sa d estates applicable for the support of the said alms-house, after defraying the charges of repairing the said alms- house, hath been from time to time applied for the support of the said poor men, until lately. That Plaintiff' S. H. is now the master of the said school, and Plain- tiffs A. B., &c. are now the poor men in the said alms-house, and there fore they are now entitled to the clear profits ol the said estates ; and Plaintiff" S. H. hath from time to time, ever siucLc. is and for several years past hath been in posses- sion and receipt of the rents and profits of all the said estates, and also of the said manor, &c. and all odier the estates there, late the estates of T. G., which were not granted by him to the said corporation ; but he hath not of late years paid the whole of the clear income of the said es- tates, applicable for the support of the said school, to your Orator S. H., or near the whole of the clear income of the said estates applicable for the support of the said alms-houses to Plaintiffs A. B., &.c. That several applications have been made on the behalf of Plaintiffs to the said G., requesting him to account for the rents and profits of all the said charity estates, and for said yearly rent of £, , and to pay the money remaining in his hands, in respect thereof, to Plaintiffs, according to, their respective rights and interest therein, and applications have been made to said G., and heir at law, requiring them to convey the estates, vested in them as aforesaid, to other discreet and honest men inhabiting, &c. as trustees for the charitable purposes aforesaid. But now, &.€. Pretend no such deeds or wills, or letters patent, or other instruments as aforesaid, were never made, passed, or executed ; and at other times admitting contrary, "pretend, as said corporation was not kept up, but was suffered to dissolve and determine as aforesaid, the said estates re- vested to them as heir at law respectively, and becanie free from said cha- rities, whereas the attorney-general insists, and Plaintiffs are advised, that notwithstanding the legal estate in such estates so re-vested to the said last-mentioned Defendants respectively, yet the said estates remained in equity, liable to said charities iu same as same were held while said corporation was existing. AUedge, that they cannot take upon themselves to convey said estates, or any of them, lo any trustees whatsoever, for the benefit of said chari- ties, without the direction of this honorable Court, and the rather for that no person hath power to name or appoint any such trustees, said G. ad- mittmg thai he hatl. been in possession, &.c. alledges that he hath paid the whole, but refuses to discover the particulars of said rents, and at iome times set up some other right, 6<.c. but refuse, 6n.c. All which, 8vc. rrayer. That the aforesaid several charities may be established, and that honest and discreet men, inhabitants, &c. may ho appointed astr«s»- tees and governors, ike. and that the estates winch were convened to said corporation as aforesaid, and also said rent-charge of c£ may be conveyed to such persons, and their heirs for ever, in trust,, for the said respective charitable purposes, and that a clear income, isLc. may be from time to time for ever applied for the said respec- tive chaiitics, and that directions may be given for choosing new truHieer, :uid governors, ifvc fiom time to time, and for v»;sting said entntes :iiid rent cliar^^e in such new trustees, he. ; and an account of money ^w^ to jMiiiiilifls, (schoolmasters and poor men,) out of the clear INFORMATIONS. 37^ clear income, &c. and that same may be paid to them respectively. And further relief. Information for establishing a College, under a TVill made, before 9 Geo. 11. y though Devisor did not die until long after the Act, States, that sir G. D., late of, &c. was seized in fee-simple of divers manors, &c. situate, &c. which he held by or under leases for lives or years determinable upon said lives, or for years absolute, and being so seized and possessed, and having surrendered copyholds to the use of his will, the day of , duly made will, &c. (gives his lands to several persons therein named, and in default of issue to trustees to found a college in C, to be called D. college, leaseholds to go with freehold, and gives personal estate toT. G. D., whom he appoints ex- ecutor.) Death of Testator, the day of , without revoking, &c. and without issue, leaving T. G. D. his heir at law, who proved the will, and took possession of estates. Death of T. G. D., in , without issue, and also of T. B., C. P., and T. P., (the remainder-men in the will,) without issue, in the life-time of T, G. D, and therefore, on death of T. G. D., he dying without issue, the rents and profits of all testator's freehold, copyhold, and leasehold estates became applicable for the purchase of lands to build a new col- lege in said town and university of C, and for the erection of such college, and for the supporting and endowing same according to direc- tions of said will. Death of trustees in Testator's life-time, and there- fore, on Testator's death, freehold and copyhold estates, and such of leaseholds as xVere held for lives descended to T. G. D., as his heir at law, but subject in equity to the trusts in Testator's will mentioned, and that, on Testator's death, all his leasehold estates which were held for years absolute, or years determinable on lives, vested in T. G. D. as his executor. Will of T. G. D., the day of , gives to his wife Defendant M. D. all his real and personal estate, chargeable with the payment of several annuities and legacies, and appoints her executrix. That T. G. D. left the Defendants E. N., his heirs at law, and rela- tors are advised, that if T. G. D. was of sound and disposing mind, me- mory, &c. at the tmie of making his will, and if same was executed, Sec. then the aforesaid estates then were legally vested in Defendant, the widow, but that if T. G. D. was not of sound mind, &,c. or the will not duly executed, &:c. freehold estates were then legally vested in the heirs atlawof T. G. D., and relators are advised that copyhold estates, and the estates held by leases for lives, were iheii legally vested in said heirs at law, and that the estates held by leases for years absolute, or years de- terminable on lives, were legally vested in the widow as executrix of T. G. D., wJio was executoi of sir G. D. That widow had, .since the deaih of her husband, entered on all freehold. 376" IXFORMATIOXS. freehold, copyhold, and, leasehold estates, and was then in possession, &c. and had also got into her possesiion all deed?, evidences, and writings relating thereto. Application to discover the particulars of all freehold, copyhold, and leasehold estates which sir G. D. was seized at the time of making his will, and at his death, and to account with relators for all the rents and profits which had accrued due since the death of T. G. D., and received by the uidow, or for her use, and to pay the money so received in order that the same might be applied according to the directions of the will of sir G. D., and to concur with relators in appoiiiting some person or persons to receive the rents and profits of the said estates, so that the future income thereof might be secured, and might with the money so due from her, be applied vhen the same should be sufficient to purchase ground to build a college on, according to said will, and also to deliver deeds and writings, belong- ing to said estates, to relators ; and also requested her and the htnrs at law of T. G. D. to convey and assign all the said estates to proper trustees for the benefit of said college v.hen erected. And relators well hoped, &c. But now. Sec. the widow and heirs at law of T. G. D., the arch- bishop o." C, archbishop of Y., master of St. J.'s college, and the master of C. II., (who were appointed by said will to regulate the college,) and an annuitant under the will of sir G. D., Defendants combining, &c. and acting in concert together, how to subvert and defeat ihe cha- ritable intention of Testator sir G. D., the widow and heirs at law of sir G.D. Pretend, that sir G. D. was not of sound mind. Sic. at the time of making will, or that same was not duly executed, &.c. and therefore they insist, that on his death all the real estates descended to T. G. D., as his heir at law ; and the widow claims same under aforesaid will of T. G. D., insistnig that his said will was duly executed, &c, and the heirs at law claim same, insisting that T. G. D.'s will was not duly executed, &c. and therefore that same descended to them as Iieirs at law. Charge contrari/, and as evidence of the saniiy of Testator sir G. D , at the time of making his ufoiesaid will, Charge, that T. G. D., soon after said sir G. D.'s death, duly proved said will as his executor, and in many respects acted as such ; all Defendants, at other times, admit, but then Pretend and insist, that, by virtue of a statute made in the year of the reigu of George 2, intituled " An act to restrain the disposition of lands," whereby the same became luialienable, it was enacted, that, after the day of , no manors, lands, tenements, rents, advowsous, or other hcieditaments, should be given, Sec. the said devise of said estates for the purpose of building and endowing said college was void, and therefore th«y, as devisees, or heirs of sir G. D., were entitled to said real and leasehold estati:s. Insist, diat will of sir G, D. having been made long before the passing of the said act of parliament, the cliaritable purpose thereby intended ai;d directed on;'hl ami miyrht take effect, notvxiilistanding said ;ict of pailia- meiit; an! allliongh Testator did not die until alter llie passing and com- mencement of said act, and therefore that Mie rents and profits of real and leasehold estates, accrued due :^ince the death of T. G. D., ought to be accounted for and applied to the charitable purposes in the will men- tioned^ INFORMATIONS. 57*7 tioned, and that a receiver or receivers ouf^ht to be appointed of the said real and leasehold estates, and tliat the several deeds and writings re- lating thereto ought to be deposited in this court, or otherwise preserved and taken care of, and that said estates ought to be conveyed and assigned to proper nersons in trust for said cliaritable purpose ; but Deftndiiuts refuse to comply with such request to them respectively made as afore- said, and widow, or her agents, by her directions, liave refused to give the relators, or their agents, any information of the particulars of said estates, and that well knowing that such particulars woi)ld appear by said deeds she retused to discover the same, although often retjuestcd thereto. Widow at other times pretends, that most of the estates which the said T. G. D. was in possession cf ai ins death, never were the estates of sir G. D., or were not purchased or acquired by him until after the making of said wili, and therf^foie the same did not pass by said will, A. B. pretends Testator sir G. D. made a codicil to his will, whereby be gave unto her an aiuiiuiy of £ , during her life, and that he thereby charged all Ins lands with payment of same, and pretends that codicil was made whilst o( sound, &.c. and thijt same was duly executed^ &c. and that she is ih-refore entitled to said animity of ^' thereby expected to be given to ner. Charge, that sir G. D. made no such codicil^ or that he was not of sound, 8cc. or same not exocited, 8cc. ; but that if codicil was executed, &c. relators are sdvised thai said annuity ought to be paid out of per- sonals of sir G. D., and ought only to be paid out of b.is real estate, in case of a deficu'ncy of hiS personal estate for payment thernof. Charge, that 1'. G. I) , as executor of sir G. 1)., possessed personals belonging to sir G. D. at his d^adi, much more than sufficient to satisfy his debts, legaci.s, and said annuity; and that widow, as executrix of T. G. D , had possessed personals belonging to hin^, at his deaih, more than sufficient to answer and make good the personal estate of sir G. D. possessed byT. G. D., and therefore relators advised and insist that a sufficient part of personal estate of T. G. D. ought to be set apart for securing said annuity, so diat said real and leasehold estate might be dis- charged therefrom; but A B. iisists on a right to said annuity out of the real and leasehold estates in preference of said charity, and widow re- fuses to set apart a fund for securing said annuity. Defendants claim some other right, licc. ; Defendants archbishop of C, &c. declme to do such acts as are proper for founding and establi'jhin;^ a new college in said university, according to directions in Testator G. D.'s will. All which, &c. Prai/er. That sir G. D/s will may be established, and the trusts performed and carried into execution, that all proper directions may be given for that purpose ; an account of money received by widow, in re.^pect of rents and profits of freehold, copyhold, and leasehold estates be- come due since the death of T. G. D. ; that she may pay the money due on such account as the Court shall direct, in order that same may be applied for answering the purposes of said will ; that one or S/S INFORMATIONS. or more proper person or persons may be appointed by the Court to receive the rents and profits of all said freehold, copyhold, and leasehold estates, in order that same may be secured and applied for the purposes of the will. Tliat freehold, copyhold, and lease- hold estates may be conveyed, surrendered, and assigned as the Court should direct, for benefit of said charity ; that all proper par- ties may join therein ; that all deeds and writings relating to title of Said estates may be brought into Court, or otherwise preserved for the benefit of said charity. That if it should appear that sir G. D. did duly make and execute such codicil as hereinbefore mentioned to be pretended by A. B., then that a competent part of the per- sonal estate of sir G. D. may be set apart for securing the payment of said annuity of cf , so that said freehold, copyhold, and leasehold might not be subject thereto. And for further relief. Information hy the Attorney Gcneraly to restrain Buiidiuii'. States, that there is situate, lying, and being within the parish of B. in the county of ISl., a certain street or road commonly called or known by the name of , which is bounded on the east by certain dwelling-houses and the areas thereto belonging, and on the west side thereof by certain land or ground now belonging to the duke of B., from which the same was formerly separated by a brick wall, which hath within these few weeks past been pulled down and demolished, and which street and public highway, at the south end thereof, terminated with a certain street and public highway called , and at the north end thereof terminated at, and communicates with a certain piece or parcel of land which hath lately been laid out as a street and public king's highway, which is called , which street or road is called or known by the name of , now is, and hath for upwards of years last past been a common and public king's highway for all his majesty's subjects whatsoever, and the same hath been, from time to time, lor upwards of last past, repaired at the ex pence of the in- habitants of the houses adjoining the said street and king's highway, and of the inhabitants of the said j)arish of , by means of rates imposed, and by virtue of certain acts of parliament made and pass( d in the years of his present majesty's reign, or some or one of them. 'J'hat all his majesty's subjects ought now and at all times hereafter to bave the free use of the said street and public king's liighway, for them- selves, thcjr carriagp.^ and lior.s(.s, fne from all It-l, interruption, and hindrance \\hatr-:o.;ver. Liut il.at the said duke of li. hath lately entered into soint contract \\\\\\ ,) . B. for the j.Mound lying ami bring on the west side of tlif .said strttl or public hi-ilnvay, and adjoining thereto, and said Defendant hath agreed with said defendant duke of B. to erect cer- tain houses on the said piece or parct4 of ground fronting the said street or king's liighway, on the west sid(; thereof; and said Defendant J. B. threatens anil inlende ihortly to take up part of the paveuient in tijc said str«et INFORMATIONS. 379 street or public king's highway, on the west side thereof, and to make and dig large holes therein, lor llie purpose of erecting vaults therein, upon, and under the said street or public knig's highway, to be used with the said dwelling-houses, and to pave or cover the said street above such vaults, when erected, with broad Hags or stones, such as are used for paving of passages for foot passengers only ; and that by the digging of such holes, and building uf ^tith vaults, the said street and knig's high- way must necessarily and unavoidably be much obstructed and rendered much less convenient lor his niajosty's subjects, who will be deprived of so much of the said street and king's highway as shall be so dug up, or as shall be used for the lying of eart !» and rubbish dug thereout, until said vaults shall be completed ; and t?iat when the same are completed, said Street and public king's highway will at all times after be liable to be obstructed bv tiie falling ni of such vaulfi, or when the same stand in need of repjns, that the digging and making of such vaults, and the continuance thereof, will be (o the public damage and nuisance of all his majesty's subjects, and particularly of said relators and all other persons residing near the said street and pu'olic king's highway ; and that if said vaults are covered over with said ri igs or broad stones, as intended, so much of the said street or king's highway as is covered with such flags or broad stones will become unfit to be used for horses and carriages; that his majesty'.^ 'subjects, and particulaily said relators, will not have the use and enjoyment of said street or king's highway in so beneficial a mau- mr as they have hiiht rto been accustomed to have. That the lying of such flags or stones will also be to the public injury and nuisance of ^11 his majesty's subjects, particularly of such of them as aforesaid. That such intended acts of the said defendant J. B,, if carried into execution, will be to the wrong and injury of all his majesty's subjects, and will be a public nuisance. The said relators, and jiivers others of his majesty's subjects, have frequently applied to said J. B, and requested him not to proceed to dig up the said street or public king's highway. Charges that said Defendants refuse to comply with such request, and threaten and intend to dig up the street and public king's highway in manner aforesaid, and to erect vaults under the same, and to pave or cover the street, or above the same, as hereinbefore mentioned. Pretends that said piece of ground called is not a public king's highway. Charge contrary, and that said piece of ground was upwards of years set apart for, and hath ever since been and still is used as a public king's highway, and hath, since the year of the reign of his present majesty been repaired at the public expense of said parish of B. in manner hereinbefore mentioned, and that the same therefore is and ought to be taken to be to all intents and purposes a common and public king's highway. Pretend that the soil of said piece or parcel of ground belongs to said Defendant the duke of B., and that he hath a right to dig and make vaults under same, and pave and lay the surface of such Street as he shall be advised. Charges contrarij, and that if said Defendant duke of B, is owner of said piece or parcel of ground, yet same being a public highway, neither he 380 INn^ORMATIONS. he the Defendant, nor any person claiming by, from, or under him, hath any right to dig the soil thereof, so as to obstruct, hinder, or interrupt the said way; and that in order to make said vaults. Defendant J. B, intends to dig holes from the surlace of said street or highway, which may obstruct the same, or make the same less commodious or convenient for the passage of horses or carriages. Pretend that they have been duly authorized and empowered by the commissioners named and appointed by said acts of George third, or some or one of them, for the purposes therein mentioned, or a suffi- cient number thereof, to make such vaults, and to pave such part of said street as they intend to pave with such flags or broad stones as aforesaid. Charges and insists, that in case said commissioners have made any order by which they have pretended to give authority to said Defendants, or either of them, so to do, yet said commissioners had no power or authority to authorize said Defendants so to do, and especially to make vaults under said street, or to dig holes from the surface of said street, to enable them so to do. Prater. Therefore that said Defendants, their servants and workmen, may be restrained by an injunction of this honorable Court from proceed- ing to dig up any part of the said public street called , and that if they have already dug up any part thereof, that they may be decreed to replace the same in the same state and condition as it y;as in before they dug up the same. And for further relief. Liformation at the ISuit of the Kingy for an Account of Timber Trees, S^^c. cut down in the King's Forest near S, the Defendant pretcjiding that he xvas entitled to the same as Part thereoj\ as Keeper of the Forest. Informing, sheweth unto your Honors, Sir A. M. knight, his majesty's attorney-general, on behalf of his majesty, that his majesty is and hath been for many years last past seized in his demesne as of fee in right of his crown, of and in the forest and chace of A. H. and VV. in the county of S., and of and in the lands lying and being within the same, and the tim- ber and other trees, wood, and underwood growing thtrcon; and the said attomcy-gcnerul further inforniclh your Honors, that various persons, and particularly the right hcjuorable lord S. the defendant hereinafter named, or liis agents or servants, with his privity, by his order, or for his uae^ liav(- or halii cut great nunil)( rs of timber and other trees and underwoods, and convci ted llie same to his own use ; and the said attorney-general, &.C. that his inajcsiy, or the proper oflicers, hath or have from time to limecausctl great numhcrs of timber or other trees to be cut down for the use of the navy, and for other purposes, and when such falls of timber and INFORMATIONS. oSl aud other trees have been made, his majesty's officers and other servants have, in order to prepare the said timber and other trees for use, sepa- rated the bodies of the timber trees from llie lops, tops, and bouglis, and that the said lops, tops, and boughs are of considerable value, and upon such occasion the said lord S, or his agents, with his privity, by his order, and for his use, have carried away great quantities of the said lops, tops, and boughs, and converttd the same to the use of the si«id lord S. ; and the said A. G. &c. that his majesty, in right of his crown, is entitled to have an account taken of the timber, and other trees and underwood, so cut down and converted, and to have the value of the same to the proper officers for his majesty's use. And also an account of the lops, tops, and boughs so taken and carried away, and converted ; and applications have been frequently made to the said lord S. to con»e to such iiccount, and to make such payment, with which applications he ought, in justice and equity, to have complied; but now, &c. refuses so to do ; aud also threatens and intends to continue to cut down more timber and other trees, wood, and underwood ; and to colour such his refusal and threats, he pretends, that neither he, nor any person or persons by his order, or with his privity, cut down any timber, or other trees, wood, or under- wood, and converted the same to the use of the said lord S, Whereas the A. G. charges the contrary ; and that the said lord S. hath yearly, and for many years last past, cut down, or in manner aforesaid, caused to be cut down great number of timber and other trees, and great quan- tities of underwood ; aud particularly, that sometime in the beginning of this present year , some person or persons, as the servants, or by the special order of the said lord S. cut down in W. forest aforesaid, a very great number of oaks, hollies, and other trees, and sold the same, and received the price thereof, and converted the money arising there- from to his own use, as would appear from various books, papers, and accounts, kept by the order, or for the use of the said lord S. and in his possession, custody, or power. And whether the said lord S. hath not iu his possession, custody, or power, any and what books, papers, or accounts, containing some entry or entries of the timber and other trees, wood, and underwood, cut down and converted to the use of him the said lord S., and particularly of the hollies aforesaid, cut down in the beginning of the present year, or con- taining some entry or entries of the price for which the same, or some and which of them, were sold, or of the money produced by them, or any of them, or of the manner in which the same, or any of them, were employed or consumed, and whether the said books, papers, and ac- counts, or any, and which of tliem, are not now in their possession, custody, or power, or what is become of the same, and every of them. And that he may set forth a list of the same, with their marks respec- tively, and may leave the same in the hands of his clerk iu court, for the inspection or perusal of his majesty's said attorney-general, or his agents. And so the said lord S. will sometimes admit. And the said lord S. also alledges, that he hath not taken, nor caused to be taken and carried away any lops, tops, or boughs of timber or other trees which have been cut down by order of his majesty, or of the proper officers on that behalf, for his majesty's use. Whereas the said A. G. charges the contrary, aud tliat lately, aud vvhea there have been a fall of limber and other trees 382 INFORMATIONS. trees by order of his majesty, or of the proper officers, for his maje-jty'g use, some persons or person, as the agent or servants of the said lord S. or by his order, or for his use, carried away great quantities of the lops, tops and boughs, cast oft" from the said timber and other tn'es, and the same, or some part thereof were, or was sold, or in some way di>posed of, and the. same, or the price thereof was received, or accounted for to the said lord S. and so it would appear from certain books, papers, accounts, or writings in his possession, custody or power, if the same were produced^ and so the said lord S. will sometinjes admit ; but then he alleges, that, under some grant, he is entitled to the office of keeper of the forest or chase of A. H. and W. with all offices, liberties, wages, fees, communities, and privileges whatsoever thereunio belonging, to hi>ld the sa'V»e for some term of years not deternuned, and to « njoy the Said office, and the piofits thereof, and to take all wood blown down, or thrown douji, and house- bote, and fire-bote, for himself and the f«>restfers and keepers of tlje said forest and chase ; and that tlie said tiuiber, wood, and undi rwood so cut down by the order of the said lord S. and taken and cnnverttd, \va» by virtue of the said grant, and for the housebv^te and fire-bote for himself and the said foresters and keepers, \^'herea3 the said A. G. charges, that the said lord S. is not under the aforesaid grant entitled to take any timber, wood, or underwood for house-bote or hr»^-bote, but at the view, or under the authority of the surveyor-genend of the woods, within whose district the said forest, woods, or chase js situated, or some other officer of the forest. And the said A. G. furdier charges, that, even if the said lord S. were entitled to take house-bote and fire-bote without the consent, warrant, or authority of any officer, yet he was not entitled to take any timber, nor the number and quantities of other trees and underwood aforesaid, because, that the same was unreasonable, and more than sufficient for the repairs of the houses and lodges, and for fuel for their own consumption, and that in fact by far the greater part thereof was not employed in such repairs and fuel, but was actually sold and disposed of to other persons, and the price thereof paid, or otherwise accounted for to the said lord S. and so the said lord S. will at some times admit; and at other times the said lord S. alleges, that the above stated words of the said grant, giving him the boughs and branches of trees within the said forest, cut or thrown down, entitles him to take, and con- vert to his own use, all the lops, tops, and boughs of the timber and other trees felled or cut down by order of his majesty, or of the proper officers for his majesty's use. W hereas the said A. G. charges the contrary, and that the said lord 8. is not, by force of the said words, nor by the said alledged grant, entitled to take the said lops, tops, and boughs of any timber or other trees felled or cut down by order of his majesty, or of the proper officer of his majesty, and so the said lord S. will sometimes admit; but nevertheless he refuses the aforesaid requests and applications, and also threatens and intends, on the next fall of timber and other trees, by order of his majesty, or of the proper officers, for his majesty's use, to take and carry away, and convert to his own use, the lops, tops, and boughs of ail such timber and other trees. All which, &c. are contrary to justice and good conscience, and tend to the injury of his majesty in the premises, aud to the detriment of the realm. To the end, ifcc. that the laiti lord S. may come to the afores^^id account, and may be restrained from INFORMATIONS. 383 from committing any more waste in the said forest or chase. Aud that he may answer the premises as fully as if, &c. Aud more especially, that he may answer and set forth, whether, &c. Prayer, Aud that the said lord S. may set forth a tree and particnlar account of the timber and other trees aud underwood cut down by his order or with his privity, and the lops, tops, and boughs aforesaid taken and car- ried away by the order, or for the use of the said lord S. and in what manner the same and every of them were consumed and employed, and for what price the same were sold. And that his majesty may have the discovery aforesaid, the said A. G. hereby, on l)ehalf of his majesty, waiving all, and all manner of forfeiture or penalty incurred by the said lord S. by the waste or by any of the other acts stated or charged in the said information. And that an account may be taken under the direction of this honorable Court, of all th^ timber and other trees, wood and underwood cut by, or by the order of the said lord S. or any of his servants or agents, with his privity or for his use, and of the value of such timber and otlier trees, wood, and underwood. And also that an account may be taken of the lops, tops, and boughs of the timber and other trees felled and cut down by order of his majesty, or of the proper ©fficers for his majesty's use. And that the said lord S. may be decreed to make satisfaction to his majesty for the same. And that he may be restrained by the injunction of this honorable Court from cutting down, or from causing to be cut down, any more timber or other trees, wood, or undewood, and also from taking and carrying away any more lops, tops, or boughs of timber or other trees cut down by order of his majesty, or of the proper offlcerfj for his majesty's use. And for further relief. Information against opening a Foot -way for a Carriage Road, Informing, sheweth unto your Lordship, sir E. L. knight, his majesty's attorney-general, at the relation of A. B. &c. 8cc. that there is situate, lying, and being, within the parish of St. J. in the city of VV. a certaia public street, called V. lane, leading from a certain other public street- called B. street, to a certain other public street, called G. street, and communicating on the north side thereof with certain other public streets called C. street, old B. street and S. row. And his. majesty's attorney- general, by the relation aforesaid, further sheweth. Sec. that at the eabt end of the said street, called V. lane, there is a certain other public street, called S. street, leading from thence into a certain other public street^ called' P. and that along the south side of said street, called V. lane, from S. street to B. street, there is, and for many years past hath been a commoa aud public foot-path, which hath been from tim€ to time paved with 384 INFORMATIONS. Avilh flag-«toiies, at the expense of tlie inhabitants of the said pamh of St. J. lor tlje convenience of persons ;:.'.>sing and repassing on foot, the said street called V. hine, being a grcji paolic thoroughfare for foot pas- sengers from B. street to S. street, although there is not, nor ever hath been any thoroughfiire for carriages along die said street from B. street to S. street, by reason of certain wo.iflen posts, jne, and ever since the mak- ing of the said street called V. lane, have been placed across the said street, a i'e\\ feet to the eastward of S- row. And his, i^c. that the said common and pub'ic footway from B. street to S. street, is, and ever since the making of the tame, hath been bounded on ilie south, for the most part, by a certain ancient brick wall, vhich forms the north fence and boundary of certain lands called M. gardens aiid B, gardens, and that there is not, Jior ever hath been any public way or opening on the north side of tlie sviid footway, so that his majesty's subjects in passing and re- pas^>iiig un the same footw.iy, have at all limes had fhe free and uninter- rupted use thereof without any hurt, hindrance, or obstruction whatsoever. Aud his, 6cc that upward of years since the then owners of the said lands, called M. gardens and B. gardens severally claimed a right to open a public street or way from P. through their said respective lands into the said street called V. lane, and threatened to make a public street or streets acror'Jingly, but such claim being resisted on the part of the proprietors and hdiabitants of the said several streets, called V. lane, C. street, old B. street, and S. row, by reason of the disturbance and injury that would thereby be occasioned to the said several streets, the said owners to the said lands thought fit to abandon such claim. And afterwards, by an act of parliament made and passed in the 12th year of the reign of his present majesty, intituled " An act, &c." It was provided, &c. which provision was inserted in the said act of parlia- ment for the purpose of protecting the said streets, called V. lane, S. row^, C. street, and old B. street, from any thoroughfare for carriages from P. to the said street called V. lane, by the way of S. street, or by any other means than by the way of B. street. And his, 8cc. that his royal highness the duke of Y. proprietor of the said lands called M. gardens, and the Defendant hereinafter named, hath formed a plan for making, and is about to make a public street or way for horses, carts, and carriages, from P. through the said lands, called M. gardens into the said street, called V. lane, over the aforesaid common and public footway on the south side of the said street ; and in and towards the execution of such plan, hath actually made an opening in the said ancient boundary-wall, and hath taken up a part of the flag pavement of the said foot-way. And his, isLc. that such public street or way so intended to be made by the said Defendant his royal highness the duke of Y. if carried into execution, vill "reatly interrupt nnd obstruct the said conmion and public footway on the south side of the said street, called V. lane, and will be to the great damage and common nuisance of all his majesty's subjects passing and repassing by the said footway. And his. Sec. that such intended street, if carried into execution, w ill be opposite to the end of S. row, and west- ward of the said wooden posts, so as aforesaid j)laced across the said street, called V. lane, and by making a direct thoroughfare for Itorses, carts, and carriages from P. into the said street called V. lane, will actu- ally defeat the provision made as aforesaid in the said act of parliament, for INFORMATIONS. 385 for the protection of the said streets, called V. lane, S. row, C. street, and old B. street, from any thoroughfare for carnages from P. otl.er than by the way of B. street, and will therefore be contrary to the true intent and meaning and spirit of the said act of parliament. Inquiry^ To the end therefore, that his royal highness the duke of Y. may, upon his honor, and according to the best of his knowledge, remembrance, information, and belief, full, true, and perfect answer make to all and singular the matters aforesaid, as fully and particularly as if ihe same were here again repeated, and he hereunto distinctly interrogated, &c, Proytr, And that the said Defendant may answer the premises. And that the said Defendant, his agents, servants and workmen, may be restrained by the order and injunction of this honorable Court, from proceed- ing to make and open any public street or way from the said lands, called M. gardens into the said street, called V. lane, over the said common and public footway. And that the Defendant may be directed to replace the flag-stones of the said footway so as aforesaid removed by him or by his order, and to put the same footway into the same state and condition as the same was in before his obstruc- tion thereof, as aforesaid. And for further relief, See. J. I. o c CHAPTER 386 CHAPTER YI. THE VARIOUS DEFENCES TO A BILL IN CnANCEEVi Sect. I. — answers. A N answer must confess aod avoid, or tvavcise and deny the material parts of the bilL If the Defendant deny a fact charged in the bill, he is to traverse or deny it (as the case requires) directly, and not bv way of negative pregnant, as if he be charged with the receipt of a sum of money, he must deny or traverse, that he hath not received that sum or any part thereof, or else set forth what part he hath received and deny the rest. And if a fact be laid to be done with divers circumstances, he must not traverse or deny it literally, as laid in the bill ; but must answer the point of substance, positively and cer- tainly. (Lord Clarendon's Orde7\^y 18 Car. 2.) An answer to a matter charged as the Defendant's own fact, must regularly be, without say'ng, " to his remem- brance or belief," if laid to be done within six years before, unless the Court upon exceptions taken, shall find special cause to dispense with it, and as to the fact of another, which he does not certainly know, he ought to say, he has heard and conceives, or believes it to be true," or " that he does not conceive or believe, &c.," and ought not to say only, " that he has heard." Where ANSWERS.. 387 Where a particular combination is alledgetl in a bill, a particular answer must be g-iven. A Defendant must answer positively, and not on belief, as to recent facts which are in his own knowledge ; but not as to the result and effect of a conversation (Harding v. F ramp- son, in the E.vchcquer.) Defendant is not oblisT^d to answer fa-ts whicli are inter- rogated to, bat which are not charged in the bill : but if he does answer to such facts, and the Plaintiff applies to his answer, they are properly put in issue though they were not charged in the bill. (Per Lord Hardxvicke, 1 Ves. 538.) The g-eneral charge as to the fact of payment, enables the Plaintiff to put all questions upon it that are material to make out whether it was paid ; and it is not necessary to load the bill by adding to the g-eneral charge that it was not paid, " that so it would appear if the Defendant would set forth when, wl^ere, &c." (11 Ves. 301.) In a suit for an account, an answer ffoinii' no further than to enable the Plaintiff to go into the Master's office, is not sufficient; he is entitled to the fullest information the De- fendant can give him by the answer, not by loiig schedules in an oppressive maimer, but giving the best account they can, stating that it is so, referring" to books, &c. so as to make them part of the answer, and giving the fullest opportunity of inspection. (8 Ves. 193.) An administrator disputing by his answer the foundation of the bill, viz. a balance of accoRnts against the Testator's estate, and submitting to be examined upon interrogatories, need not set forth an account of the personal estate^ ^c. by l^'ay of schedule.. (4^^5,107.) c c g Jf 388 ANSWERS. If the discovery sought by the bill, is matter of scandal, or will subject the Defendant to any pain, penalty, or forfei- ture, or to any ecclesiastical penalty or punishment, he is not bound to make answer thereto ; and if he pleases, he may insist by answer, that he is not bound to make the discovery. (Fide fVy. Fract. Reg. 24, a?id the cases there cited.) Lord Eldon was of opinion, that an answer clearly evasive npon the face of it, and no reason assigned how it happens that he can put in no better answer, ought, by general order to be made by the Court, to be considered as a contempt of the court. (9 Ves. 463, et 179.) Impertinence is, where the pleadings are stuffed with long recitals, or with long digressions of matters of fact, which are altogether unnecessary, and totally immaterial to the point in question ;; as where a long deed is stated, which is not prayed to be set forth in hicc verba. An answer ought not ordinarily to set forth deeds in h(ec 'verba; and though the bill prays they may be set forth, yet if the Defendant in his answer says, he is ready to let the Plaintiff have copies of them, or if he does not say so, but sets forth only that part to which the inquiry tends, it is sufficient j and the court will order that the Plaintiff have liberty at his own charge to take copies of them with- out sending them to a master, or order the Defendant to produce them on an examination of witnesses. An answer must contain nothing scandalous or imperti- nfjit ; but nothing relevant is deemed scandalous. (Mos. 45 and 70.) Matter in an answer relevant, according to the case made by the bill, is not scandalous, whatever may be the nature of it. (U res.62(}.) Whatever ANSWERS. 389 Whatever, part of a bill is not covered by a demurrer or ple^j must be defended by answer, unless the Defendant discx^ims; if the plea be over-ruled, the Defendant may insfst upon the same matter by answer, (3 P. JV, 95. \Atk. 450.) If fraud be charged In a bill, it must be denied by an- swer and not by way of plea. (1 Vern. 185.) An answer in misnaming the Plaintiff was considered as no answer ; the Defendant therefore was considered not bound by it, and a proper answer being put in, the former was ordered to be taken off the file by the description of a paper writing, purporting to be an answer. (11 Ves. 62.) As a further answer is considered as forming part of the first answer, so an answer to an amended bill is consi- dered as part of the answer to the original bill, as much as if it had been engrossed on the same parchment, and part of the same record; therefore if a Defendant in further answer, or an answer to an amended bill, repeat any thing contained in a former answer, the repetition, unless it varies the defence in point of substance, will be considered as im- pertinent. (3 Atk, a03.) The 590 ANSWERS. Jn Answer by E.vecufnrs denying Assets, and siai'vg that the Estate is indebted io the Executors. tU" . T^ .answer of P. C, esq-, one of the Defendants, c'-r*'''^' ' ^ of complaint of T. R. Complainant. This Defendant, now and at all times hereafter, saving and reserv.«ig to himsfir all and all manner o^ benefit and advantage of exception to the .niainfuld errors, uncertainties, imperiections, and msufticiencies in the said Complainant's said bill of complaint contained, for answer thereunto, or unto so much, and such parts thereof, as he this Defendant is advised, is material for him this Defendant to make answer unto, he this De- fendant answering, saith, that he denies that A. M. in the said complain- ant's bill mentioned, was, at the time of making her will, possessed of a considerable personal estate; but this Defendant admits that the said A. M. did, on or about the time in the said Complainant's bill for that purpose mentioned, duly make and execute her last will and testa- ment of such date, purpoii and efiiect, as in the said Complainant's said bill of complaint, is for that purpose particuiarly mentioned, and that she therf bv gave to the said T. R, her brother, an annuity or yearly rent- charge of .£ a year, payable quarterly ; but the said Testatrix A. ^I. did not, in and by her said w ill, give any directions out of what particular fund the said annuity of ^ a year should be paid. And t'fus Defen- dant admits that the said Testatrix by her said v\ill, gave several other legacies, and thereby, after having devised to her daughter NJ. M. (now JNl. P.) her executors, administrators, and assigns for ever, all the rest and residue of her estate, of what nature, kind, or quality soever, she the said Testatrix A. M. appointed him, this Defendant and M. his wife, together with J. R. and T. P. since deceased, joint executors of her said will. And this Defendant further answering, saith, that the said A. M. on or about the day of which was in the year of our lord , departed this life without revoking or altering her said will, and that soon after the said A. M.'s death, he this Defendant, together with M. his late wife, J. R. and T. P. duly proved the said A. iSl.'s will in the Prerogative Court of the archbishop gf C. and took upon them- selves the burthen of the execution tliereof ; but this Defendant absolutely denies that he ever possessed any part of the personal estate or effects of the said A. M. save and except a few household goods of very trifling vali!(!, or that to his knowledge, information or belief, the said A. M. died possessed of personal estate or eflects to any considerable value, or even suiiii lent to pay htr debts and legacies ; but on the contrary, he this Defendant saiih, ihat he this Defendant did, for the honor and credit of, and in respect to the memory of the said A. M. deceased, paid divers sums of his own proper money, as well in discharging several debts of the said A. M. as in the payment of legacies given by her the said A. M. to hn poor relations, and also towards the sujiporl and maintenance of tilt .said Comphiinant 'V . R. who is a person in indigent circumstances, inipiudei ilv and totally incapable of making a pro] cr use of his money ; and fi.r which reason, he this Defendant caused such sums of money as he from time to lime advanced to the said T. R. to be paid and applied in ncccisarits for hi.-n. And Aiid lliis Defendant further answering sailli, that his late wife M. C. m the life-time of the said A. M., from her knowledge of the said A. M.'s bv'^ing in bad circumstances and wanting money, did, for some time before her death, buy with liis this Defendant's money, provision tor the said A. M. and her family, and that the said M. C. also paid the said A. M.'s physician his fees during the said A. iSi.'s last sickness, likewise with this Delendant's money, and for which reason he tliis Defendant is well satisfied liiat the said A. iM. died in very indifterent circiurrslances, ami left little or no personal estate at her death. And this Defendant fiuiher answering saith, that he hath heard and believes it to be true, that the said A. M. was in her life-time possessed of some trifling real estate at \V. in the parish of B. in the county of N., of the value of about £ a year, to which she was entitled for her life only ; and that upon her death the other Defendant M. P., as her only daughter and heir at law, became entitled thereto, and this Defend- ant hath likewise heard and believes, that the said A. M. was, at the time of her death, possessed of another freehold estate, left her by the Mill of — P. deceased, for her life only, and after her decease, to the said Defendant M. P. and lier heirs. And this Defendant further answering saith, that he knows of no other freehold, leasehold, or copyhold estate, of which the said A. M. died possessed. And this Defendant further answering saith, that he hath heard and believes that the other Defendants .]. P. and M. his wife have, since the decease of the said A. M., sold ^ud disposed oi' the said lands and pre- mises at W. aforesaid. And this Defendant further answiering saith, that he this Defendant, or the other Defendant J. U., to the knowledge, information, or belief of him this Defendant, ever paid several considerable sums of money, or any sum of money whatsoever, on account of the personal estate of the said A. M,, into the hands of the other Defendants J. P. and M. his wife, or either of them ; neither does this Defendant know, or ever heard, sate by the said Complainant's said bill of complaint, that the said M. C. this Defendant's jate wife, and J. T. deceased, or either of them, did in their respective life-times, out of the personal estate whicii they received of the said A. M,, pay her the said A. M.'s debts and legacies, neither does this Defendant know of the said Al. C. or the said J. T.'s having ever possessed any part of the said A. M.'s personal estate, (if any she had,) save and except a few household goods, which this De- fendant hath heard and l;elieves they the said M. C. and J. T. in their life-times sold for the sum of £ , or some such small sum of money, as this Defendant hath been informed, but which said sun> of £ , or any pait thereof, never came to the hantls, custody, or power of this Defendant, neither was this Defendant privy to the sale thereof, or ever had or saw, to the best of his remembrance or belief, any written ac- count thereupon, or any inventory of the said household goods, neither can he set forth the particulars thereof, having never been in the pos- session of the said household goods, or of any inventory or account thereof; but (liis Defendant is well satisfied that the said A. M. was in- debted to his late wife the said M. C. in her life-time in a much greater sum of money than the amount of such household goods. And this Dv-^fendant further answering saith, that he hath heard and believes 392 ANSWERS. believes, that the other Defendant J. R. was in the receipt of the rents and profits of the lands and premises at W. from the death of the said A. M. to the time of the said other Defendant J. P. and M. his wife's selling the same; and that he the said J. R. during the time he was so in the receipt of the said rents, did out of such rents and profits pay to, or to the use of tlie said Complainant, the said rent of the said premises, and that by such payments, the said annuity of ^ a year must have been overpaid and unsatisfied to the said Complainant. And this De- fendant submits to this honorable Court, that as he hath possessed no assets of the said A.M. he is in no respect bound to pay the said an- nuity, or to come to any account with the said Comphiinant in respect thereto. And this Defendant submits it to this honorable Court, that he is well entitled, and ought in justice to receive out of the said A. M.'s personal estate, (if she left any,) all such sums and sum of money which he this Defendant hath paid for her the said A. M., or on her ac- count. And this Defendant denies that he hath been applied to for the several purposes alleged by the said Complainant, otherwise than by the said Complainant's said bill of complaint. And this Defendant denies all and all manner of unlawful combination and confederacy in the said Complainant's said bill of complaint charged. Without that, &,c. Ansxcer of an Infant Defendant, admitting the Altega^ tiojis in the Bill, and submiting his Rights to the Court. This Defendant saving, &c. saith, he believes it to be true, that W. R. deceased, in the said bill of complaint named, did, shortly before hi* death, duly make and publish his last will and testament in writing, to such purport or effect as in the said bill of complaint in that behalf set forth, and that the same was executed and attested in the manner required by law for passing freehold properly. And this Defendant further answering as aforesaid saith, he believes that the said \V. R. the Testator, departed this life at or about the time ill the said bill mentioned, without having revoked or allt^ied his said will, and that W. H., S. H., and R. B., three other of the Defendant in the said bill of complaint named, duly proved the said will in the Prerogative Court of the archbishop of C, and took upon themselves the execution thereof. And this Defendant further answering as aforesaid saith, he l)clicvrs it to be true that the said Testator, at the time of making his said will, and at the time of his death, was seized or entitled in fee-simple in pos- session to a considerable freehold estate, but of what the said estate con- sisted, and where situate, this Defendant is unable to set forth. And tliis Defendant believes, that the said estate was, som< time after his the «aid Testator's d<>aih, sold and disposed of by the said W . II., S. II., and R. Ji., but this Defendant dotli not know by whom in particular, or for what sums of money, or by whom the same were received. And this Defen(l:int believes, that the said W. H., S.ll., and U. B. possessed thems' Ives of, aiul got in and received all the personal estate and effects «.f the said 'i'rstator, and that tlie same, together with the money arising from the sale of the said real estate, was greatly more than sufficient to pay ANSWERS. 393 pay and satisfy all the debts and funeral expenses of the said Testator, and the several pecuniary legacies bequeathed by his said will. And this Defendant answering as aforesaid saith, he believes that thej said 'J'estator left H. R. his widow, and E. R. his eldest son and heir at law, and such other children as in the said bill of complaint is men- tioned. And this Defendant saitii, that E. R. one of llie said children, intermarried with J. M., and liiat die said E. R., afterwards M., hath since departed this life, leaving this Defendant her only child. And this Defendant saitii, that he is an infant of the age of years, or tliere- abouts, and humbly submits his rights and interests in the matters iif question to the protection of this honorable Court. Anszver insisting on a stated Accoioit, and Statute of Li- mitations as a Bar to Plaintiff's Demand. These Defendants, &c. that Defendants, on or about, 8cc. sent to Plain- tifF, as agents for his father, the late Sir J. G. bart. deceased, a stated ac- count, on balance of which said account there appeared, and then was justly due to Defendants from said Sir J. G. the sum of £ , which ac- count said Plaintiff, by letter dated, &c. acknowledged that he had received, and made no doubt of its being right ; and said account was then and from that time subject and open to the inspection, examination, and objec- tion of said Sir J. G., or Plaintiff, or of any accomptant, merchant, or other person, to be employed by them or either of them, for years after said account was so stated and delivered, but no objection was made to same at any time within years, nor any demand made, or process sued out against Defendants, or either of them, in order to make them account or alter the same in any respect within years from the time of such statement and delivery. And Defendants insist, that if Plaintiff", or Sir J.G., or his executors, had any cause of complaint against Defendants, owing to any overcharge in any of the items or articles of said account, by demand, action, or suit, or otherwise, the same did arise or accrue above years before said Plaintiff's com- mencing his said suit, or serving Defendants with process to appear and answer thereto, and therefore such demand, action^ or suit, within the true reason of the statute made in the twenty-iirst year of the reign of his majesty king tFanies I. for the limitations of actions, and avoiding of suits, should have been pursued, if at all, within that time. Say, that they did not at any time before the expiration of years, or since that time, agree to come to any account, or to make any satis- faction, or to reduce the said demands on such balance, as in justice and equity they submit they need not ; insist that Plaintiff, not only from the fairness and justice of the several items or articles in said account, but also from the long usage tiiat Defendants and their predecessors had in making such charges, and the acquiescence, as well of Plamtiff as of Sir J. G. and his executors in the same, ought not to controvert or dispute same, or any of the items or articles therein, and the rather, as Plaintiff himself at several times since the delivery to him of die aforesaid ac- count, admitted, as Defendants believe and hope to prove, that the charges ■JO^ ANSWERS. tli;ir<]rcs and items made by Defendants in said account were reasonable, fair and just, and tl'^it he had no objeclion to the same, or to any of ihem. Say, that \.he said account was always considered, after it was so deli- vered as aforesaid, to be an account finall) settled, concluded, and agreed upon, and that tlsougli there was not a particular ackno\\ ledgement in writing to shew it was so agreed upon, that being an unusual precaution with DtfLMidants, and in some degree I'eediess, the said items and cliarges havirtg boeu so long used, known, and approved of, yet as well tor the several reasons above nientiout-d, as by plaintitf regularly stating the said balance as the foundation of Defendants' subsequent debt due from sir J. G. as an acknowledged debt, same must be considered as a stated and <5ftlled debt. Ansu'cr bif an Executory an accounting Party to a Bill bu Legatee. Answer of P. M., one of the Defendants to the original and amended bill of complaint of W M. Complainant. This Defendant, See. He this Defendant answering saith, he adinits that the Testator S. M. in the said Complainant's bill named, was, at the time of making his will and codicil, and at the time of his death, seized or entitled in fee-simple of and to certain real estates, the names whereof this Defendant hath set forth in the first schedule to this his ansv.'er an- nexed, and which he prays may be taken as part thereof. And this Defendant further answering saith, that the said Testator, after making and publish.ing his said will and codicil, purchased certain other real estates, which this Defendant hath also specified in the said schedule. And this Defendant has never heard, nor does he believe that the said Testator ever republished his said will and codicil, or either of them, after making such last mentioned purchases, and therefore he submits such after- purchased lands descended upon him as the heir at law of the said 'i'estator. And this Defendant further answering saith, he admits that the said Testator was, at the time of his death, possessed of and entitled to a personal estate, consisting of such particulars as m the said Complain- ant's bill mentioned, and more particularly set forth in the second sche- dule to this Defendant's answer annexed, and which he prays may also be taken as part thereof. And this JJ)efendant further saith, he believes that the said Testator, when lie was of sound and disposing mind, me- mory and understanding, duly made and published his last will and testament in writing, bearing date on or about the , in such words, and to such purport and effect as in the said Complainant's bill men- tioned, so far as the same is therein set forth. And this I)ef( ndant furtiier saith, he bilieves that the said Testator duly m:nU a codicil to his said will, bearing date the , to such purpoit :nid effect as in the said Ctunplainanl's bill mentioned, and that such will and codicil were duly e\eculed, so as to pass lauds of inhe- ritance. ANSWERS. 395 ritance. Aud tliis Defendant further saith, the Complainant has in his said bill very shorll}' stated the said will, which this Defendant appre- hends admits of some doubt as 1o the true construction th< reof, and which said will and codicil are in the following words, (that is to say,) &.C. is.c. And this Defendant further §aiih, that the cocfcndant^ Trustee submitting to act as the Court shall direct. This Defendant, &c. admits it to be true, that such indentures of lease and release as in the said bill of complaint are stated to bear date, the, &.C. were duly made and executed by and between such parties, and to such purport and effect as are therein set forth, so far as the same are therein set forth. But, for his greater certainty, nevertheless, this Defendant craves leave to refer to the said indentures, when produced. And this Defendant further answering, saith, he admits it to be true, that the intended marriage between the said Complainant, J. M. P. and E. P. was soon afterwards had and solemnized, and that the said other Complainants (the children) are the only children of the said marriage. And this Defendant admits, that he doth decline to act in the trusts of the said settlement, and that he is desirous of being dis- charged therefrom, and that he is ready to convey and release the said trust premises to the said Complainant, S. M. M., and such new trus- tee as may be appointed by this honorable Court, on being indemnified in that behalf, and paid all his costs and expenses. Anszver of a Legatee to elect, to take under JVill. This Defendant, &c. answereth and saith, she believes it to be true that C. B. deceased, the Testator in the said bill of complaint named, being pos- sessed 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 testa- ment, in writing, of such purport 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, &c. that the said Testator afterwards, and at or about the tune in the said bill of complamt mentioned, duly made and published a codicil to his aaid will, in such words, and to such purport and effect as in the said bill of complaint also set forth. But for her greater certainty, never- theless, as to the said will and codicil, and the respective dates, purport, and contents tljereof, this Defendan: craves leave to refer thereto, when produced. And, &.c. lliat the said Testator departed this life at or about the time in the said bill of complaint in that behalf mentioned, without having in any munncr altered or revoked his said will, save by the said codicil, and without having altered or revoked the said codicil, and that tli« said Coinplainanls since duly proved the said will and codicil in the Prerogative ANSWERS. 401 Prerogative Court of the archbishop of C. and taken upon tliemselves the executorhip thereof, saith, she chiiins to be entitled to the benehts uitended her by ihe said Testator's will, and is ready, upon the same being secured to her, according to the directions in the said will contained, to release to J. P. in the said will named, all her rij^ht and hiterest in and to the pre- mises in the said will mentioned, and for that purpose, to execute all ne- cessary instruments or deeds. And denies, 8cc. J. L. Answer to a Bill by IVife against Husband for a Legacy, claiming Legacy ; Husband, an E.vecutoj^j ad- Quitting Assets ; joint Anszve?'. These Defendants, saving, &c. admit It to be true, that M. ^I. de- ceased, in the said bill named, was possessed of considerable personal estate, and that she made such w ill, of such date, purport, and effect, as in the said bill set forth, so far as the same is therein set forth, and thereby gave to the said complainant the legacy or sum of £ , 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, &c. admit it to be true, that the said Testatrix departed this life at or about the time in the said bill in that behalf men- tioned, and without altering or revoking her said will. And this De- fendant, W.M. further answering, saith, he admits, and this Defendant, W. H. saith, he believes it to be true, that he, this Defendant, W. M. did duly prove the said will in the proper Ecclesiastical Court, and did un- dertake the execution thereof. And this Defendant, W. M. admits, that under and by virtue of tliesaid will, he hath possessed himself of the said Testatrix's personal estate to an amount more than sufficient to pay and discharge her funeral expenses, just debts, and legacies ; and particularly thesaid legacy of .£ ; and that the said complainant hath applied to this Defendant to be paid the said legacy or sum of £ so given to her by the said will, as in the said bill mentioned, and that this De- fendant, VV. M, did refuse to pay the same to her without the coii'ient and concurrence of this other Defendant, her husband, and without: M'hich this Defendant is advised, and humbly submits he could not safely pay the said legacy. And this Defendant further saith, he doth admit assets of the said Testatrix, come to his hands sufficient to answer the purposes aforesaid, and is ready and willing, and hereby submits to pay the said legacy to such peisoivor persons, and in such manner as this honorable Court shall be pleased to direct. And this Defendant, F. H. saith, he claims to be, and humbly insists that he is, in right of the said Complainant, his wife, entitled to receive and be paid the said legacy, or sum of ^' , so given to him by the said will as aforesaid, and humbly hopes the same will be ordered to be paid to him accordingly. And deny, &c. E. K. I) D Answer 402 ANSWERS. Answer by three Legatees to a Bill filed by Trustee utider Settlement and! frilly one Defendant an Infant. These Defendants, now, &,c. believe it to be true, that R. H, H,, another of the Defendants to the said bill of complaint, duly made and executed a bond or obligation, in writing, to S. S., in the said bill named, of such date, in such penalty, and with such condition thereunder written, as in the said bill of complaint set forth, so fiir as the same is therein set forth ; and that the stock in the said bond described, or the value of such stock in money, was paid or transferred to the said Defendant II. H. H. 13elieve it to be true, that such indenture of settlement, as in the said bill of complaint is stated to bear date the, &c. was duly made and executed, of such date, between such parties, and to such purport and effect, as in the said bill in that behalf mentioned and set forth, so far as the same is therein set forth, previous to a marriage then intended, and which these Defendants believe was soon afterwards duly had and solemnized be- tween W. S., another of the Defendants to the said bill of complaint ; and the said S. S., and of which marriage these Defendants believe there were no children; but these Defendants, for their greater certainty, nevertheless, as to the said bond or obligation, and the said indenture of settlement, and the date, purport, and effect thereof respectively, crave leave to refer thereto when produced. And, &,c. believe it to be true, that F. R. S., in the said bill named, departed this life in the life-time of the said S. S., and that the said Complainant thereby became the surviving trustee under the said marriage settlement, and that the said S. S. departed this life at or about the time in that behalf in the said bill mentioned, having first duly made and published his last will and testa- ment, in writing, or a paper-writing in the nature of a will, of such date, and to such purport and eflect as in the said bill of complaint men- tioned and set forth; and that such will or paper-writing was duly exe- cuted by two credible witnesses, as by the said indenture of settle- ment required ; and, soon after the death of the said Testatrix, the said will, or testamentary i)apcr, was duly proved in the Prerogative Court of the archbishop of C., by the said U. H. IJ., who took upon himself the execution thereof; but, for their greater certainty, neverthe- less, these J)efendants crave leave to refer to the probate of the said will, or writing in the nature of a will, when produced. And these Defend- ants say, that this Defendant E. S. is the person whom the said Testatrix intended to benefit by the gift and bequest in her said will "her sister-in- law Mrs. B, S. ;" and that this Defendant S, XL. S., who is the daughter of this Defendant E. S., is the person whom the snid Testatrix intended to benofit by the gift or bequest in favor of " S. S." And, 8cc. believe it may be true, fur any tiling they know to the contrary, that the said Complainant caused a notice, in writing, of such date, and to such pur- port and effect as mentioned in the bill, to be delivered to the said J)<;fLudant It. H. Fl.; and that the said Defendant hath not toniplied •with the terms of such notice, nor ever replaced the stock in the said bill mentioned, or repaid the value thereof, during the life-time of the said Testatrix S. S., or since her death; but these Defendants, knowing nothing of the several matters aforesaid, crave leave fo refer the said Complainant ANSWERS. 403 Complainant to proof thereof; and these Defendants E. S. and S. S. hereby insist on such right and interest in the said sum of stock, or the value thereof, as they shall appear to be entitled to under ihe said will or testamentary paper of the said S, S. And tins Difend.mt H. S., bemg an infant under the age of twenty-one years, submits her right and in- terest in the premises to the care and protection (jf tins honorable Court. And these said other Defendants deny all and all, &,c. 21ic Answer of the Attorney-General to a Bill to per- petuatc the Testimony of IVitnesses to a JVilL The answer of, See. This Defendant, now, 8cc. answering saith, it may be true for any thing this Defendant knows to the contrary, that I. T. A., in the Complain- ant's bill named, was seized in fee-simple of such real estates as therein mentioned, and that he died at or about the time in the said bill in that behalf mentioned, without leaving an heir at law ; but whether the said 1. 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 con)plaint is so, or otherwise entitled to the said estates, as in the said bill in that behalf mentioned, this Defend- ant, 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 his majesty, insists, that if the said I. T. A. died without leaving any heir at law, and without duly executing his will and testament, in writing, in such manner as by law is required for devising real estates, in that case his majesty has become entitled, by escheat, to all the estates of which the said 1. T. A. died seized. W. A. Answer of Mortgagees of Trust Premises to a Bill for an Account of the Trust Property. These Defendants, saving, &c. severally answer and say, they have been informed and believe that such indentures of lease and release and assign- ment, as are in the said bill mentioned, to bear date respectively on or about, &c. between such parties, and of, or to such, or the like effect, as in the said bill for that purpose stated and set forth, were made and exe- cuted ; but these Defendants, for their greater certainty, as to the said indentures of lease, release, and assignment, and the dates, purport, and contents thereof respectively, crave leave to refer thereto, when the same shall be produced to this honorable Court. » D 2 Say, 404 ANSWERS. Say, that by indentures of lease and release, bearing date respec- tively the, &c. the release being of four parts, and made, or mentioned to be made, between, &.c. (set oitt the material parts of the mortgage deed,) as in and by the said i^identures of lease and release, when llie same shall be respectively produced to this honorable Court will more fully and at large appear. Say, that as to all the other matters and transactions in the "said bill of complaint stated, these Defendants are utterly strangers thereto, save as appears from the allegations contained in the said bill of complaint. Say, that the said sum of £ so secured to them as aforesaid, h now wholly due and owing to these Defendants, together with a consi- derable arrear of interest thereon ; and these Defendants humbly insist that they are entitled to the payment of the said £ , and of all in- terest due and to grow due thereon, in priority to aM oiher the incum- brances afiectiug the said mortgaged premises. And th.cse Defendants deny all and all manner of unlawful combination and confederacy. Wuh- out that, &c. Anszcer to Bill of Foreclosure, This Defendant, &:c. answereth and ?aitli, he admits it to be true, that this Defendant did, at or about the tin)e 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 thereupon such indenture of bargain and sale, and such bond, as in the said bill of complaint are set forth, were duly made and executed by and between this Defendant and the said A. ^^^, and were of such date, and to such purport and effect as in the said bill of complaint in that behalf stated ;,''biit for his greater certainty, nevertheless, 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, is.c. admits it to be true, that the said A. VV. the elder, departed this life before payment of the said prin- cipal money, or any part thereof. And this Defendant saith it may be true, for any thing this Defendant knows to the contrary, that the said A. W. the elder, loft A. W, the younger, in the said bill of complaint •also named, his eldest son and heir at law, him surviving, and that he had first duly made and published his last will and testament, in writing, and thereby appointed the said Complainant T. W. and the said A, \V. liie younger, and \^. VV., since deceased, executors thereof, and that the said executors duly proved the said will in the proper Ecclesiastical Court, and that the saiil will did not in any manner affect the said mortgaged preujises, and that the legal estate and interest therein descended on and vested in the said A. VV. the younger; and that such indentme, as iu the baid bill f)f complaint is stated to bear date, &c. was duly niade and exe- cuted by and between such parties, and to such purport, as in the said bill of complaint set forth ; and that the said A. W. the younger departed this life at or about the time in the said bill of complaint in that behalf uientioncd, having the said Complainant G. VV^ an infant, his eldest son ANSWERS. 405 son and lieir at law, him surviving; and tiiat he had first duly made and published his last will and testament, in writing, of such date as in the said bill of complaint mentioned, and thereby appointed the said Com- plainants T. W., See. executors thereof, and that the said Compdainants duly proved the said will in the proper Ecclesiastical Court, and that the said will did not in any manner affect the said premises, and that the legal estate and interest therein descended upon and is now vested in the said Complainant G. \V.; and that the said T. W. departed this life soon after the death of the said last mentioned Testator, and that iheienpon the said Complainant T. VV. became also the surviving executor of the said A. VV. the elder ; but this Defendant, knowing nothing of the said several mat- ters aforesaid, save as he is informed by the said bill of complaint, and therefore craves leave to refer the said Complainants to such proof thereof as they shall be able to make. And this Defendant admits, that the said principal sum of ^ , or any part thereof, hat!) not yet beea paid, and that the same now remains due and owing from this Defendant on the security of the said mortgaged premises, together with an arrear of interest thereon from, &c. ; but this Defendant denies that the said mortgaged premises are a scanty security for the same, and on the con- trary thereof this Defendant saitli, that the said mortgaged premises are of the value of £ and upwards. And this Defendant saith, that there is no other charge or incumbrance affecting the said mortgaged premises. And this Defendant trusts this honorable Court will allow him a reason- able time for the redemption of the said premises. And denies^ ^c. Anawer claiming an E.vemption as to Great Tithes, setting up a Modus as to Fart of Smalt Tithes, and accounting as to the Remainder. This Defendant, &c. saith he doth not know or believe, that the vicar for die time being of the vicarage and parish church of M. T., in the county of Y., hath at any time been entitled to have and receive, to his own use, the tidies, both great and small, of the sevjsral tilheable matters and things from time to time arising, growing, increasing, and re- newing within tliesaid vicarage, and the tilheable places thereof, except as in the said bill excepted, or other than as hereinafter is mentioned, so far as applies to the farm and land'> which are occupied by dils Defendant. Saith he believes it to be true, that the said vicarage became vacant by the deaUi of the preceding incumbent, at or about the t'me iti the said bill mentioned; and that the PlaintitF was shortly afterwards duly and lawfully presented, instituted, and inducted into the vicarage and parish church of M.T. aforesiud, and that he might, soon after his induction, duly qualify himself to .^t and officiate as vicar thereof, and that he hath ever since acted and officiated, and now acts and officiates in the cure of the said vicarage, and that he may be well entitled to havej take, and re- ceive, to his own use, frr.m the death of the last incumbent, jdl such tithes, and payments in lieu of tithes, as bis predecessors, the former vicars 405 ANSWERS. vicars of the said parish, were lawfully entitled to have, take, and receive within the said parish, and the titheable places thereof. Sailh he admits it to be true, that from and since the day of , this Defendant hath held and occupied, and still holds and occupies, within the said vicarage, and the titheable places thereof, a certain antient farm, called or known by the name of C. G. farm, consisting of a farm-house and out-buildings, and acres of land, or thereabouts. Sailh, that the said antient farm was, at the time of the dissolution of the late dissolved abbey of F., in the county of Y., and from time to time, and at all limes, from time whereof the memory of man is not to the contrary, had been parcel of the said late dissolved abbey, and with the rest of the possessions of the said late dissolved abbey, which was one of the greater abbies, and had possessions of the value of £ a year, was given and surrendered unto, and came into the hands of his late ma- jesty king Henry 8. under and by virtue of the act of parliament made and passed in the thirty-first year of the reign of his said late majesty, en- titled " An act for dissolution of monasteries and abbies." And this Defendant believes, that from time to time, and at all times, from time viiereof the memory of man is not to the contrary, down to, and at the time of the dissolution of the said late dissolved abbey of F., the said antient farm was holden and occupied by the said late dissolved abbey dis- charged and acquitted of and from the payment of all great tithes ; and that by means thereof, and by force of the said late act of parliament passed in the thirty-tirst jear of the leign of his said late majesty king Heniy 8, the said antient farm continued to be, and iiath ever since the passing of the said last-mentioned act of parliament, been and now is discharged and acquitted from the pavment of all great tithes. Sailh, that Irom time whereof the memory of m*m is not to the con- trary, there I'ath been paid and payable, and of right ought to be paid to the vicar fcr the time being of the said vicarage and parish of M. T. afore- said, by the occupier or occupiers for the time being of the said antient faun, ihe several moduses hereinafter stated, (that is to say) yearly at the sum of for every nnlch cow; and the sum of for every gelt cow kept and fed upon tlie said antient farm, in lieu of the titiie of milk ; aiui .liso at the sum of for every foal yitlded and brought fordi upon the said antient farm, in lieu of the tithe of foals; and also at the Mim of for every hive of bees kept on the said antient farm, in lieu of the tithe of hoiicy and bees'-wax ; and also at the sum of for every person in the fauiiiy of such occupier or occupiers who did or ought to receive the holy conununion, in lieu of Easter offer- ings ; and on day the sum of for every householder on the said aiiiient farm, in lieu of ilie tithe of pouliry :md eggs. bi litves, that ihe vicar for the time being is entitled to have and re- ceive in kind all other the small tithes (except the tithe of agistment) arising, growing, renewing, and increasing in and upon the said antient farm. Sailh he admits it to be true, that he hath, since the said day of , grown, rut, and carried frotn off the said antient farm, con- siderable qi amities of wheat, barley, oats, beans, and other grain and hay, >*ithout setting out the tithe thereof, or making any satisfaction to the ANSWERS. 407 the Plaintiff for the same, or any part thereof, inasmuch, as for the ifeasons aforesaid, no tithe was due to the PhiintifF in respect iliereof, the same being great tithes ; and Defendant, for the same reason, hath not herein set forth an account of such corn, grain, or h^y. Saith, that in tlie month of , this Defendant paid to » the agent of said Plaintiff, the sum of £ in full satisfaction for all such tithes and moduses, in lieu of such tithes due lo the said Plaintiff up to ; atid the said then accepted the said sum of £. on the part of the said Plaintiff, in full satisfaction of all such small tithes and moduses up to , and gave this Defendant a receipt /or the same as for one year's tithes due to the said Plaintiff at then last. Saith, that the pasture-lands of his said farm consists of acres, or thereabouts, of the yearly value of per acre, as he computed the same, and that from to there was bred upon his said farm calves, pigs, and geese, and that fleeces of wool, of the value of , or thereabouts, are due to the Plahitiff for or in respect of the tithe of wool arising on the said farm during the same period, but that no lambs were bred tiiereon. Saith, that he had growing upon his said farm in that year acre 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 tlie said year , he depastured 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, Jje had not, be- tween arnl , growiiig, 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, except as aforesaid. Saith, that he believes that none of the vicars of the said parish ever received any tithe of agistment within the said parish, or any satisfaction for the sam^ ; and he therefore submits, and humbly insists, that the vicars of the said pari&h are not entitled to any tithe of agistment arising vvithin, upon, or from his said antiicnt farrn, or any satisfaction for the fiame. Sajt^, that he hath not, since the day of , had more than persons in his family, for whom Easter offerings were or are payable, and that he paid and rendered to the rev. , the curate and agent of the Plaintiff, the Easter offerings which were due at Easter , Easter , and Easter , as the same becan»e due and payable ; and that by the immemorial usage and custom of the said parish only is due from each such person yearly for Kaster offerings. Saith, that he is, and at all times hath been, ready and desirous to account for and pay to the Plaintiff' what is due to him for the tithes arisin;;; upoii or from, or due or payable iu respect of his said farm. AnsToer 408 ANSWERS. Answer of East India Company to Bill for Tithes by Lay Impropriators. These Defendants, &,c. say they have lieard and believe, that said Plaintiff is now seized of or entitled to the impropriate rectory of ;, in said bill mentioned, but how long he hath been seized of cr entitled to said rectory, or whether or not from the year , or from any other time, Defendants know not, nor can any how set forth, nor do they inow, nor can they set forth, save as after mentioned, whether or not Plaintiff, as such impropriator or impropriate rector, or otherwise, is, or not now, or hath, or not since said year , or any other time, been entitled to have, receive, or enjoy, for his own use, any tithes, rates for tithes, sums, or 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 w hich lies w ithia the city of L., and the liberties thereof^ as in the bill stated, or other- wise. Admit, that such act of parliament, as in the bill mentioned, was made and passed in the reign of his late majesty king Henry 8, and that such decree, as in the bill set forth, was made in pursuance of the said act of parliament, though Defendants, for greater certainty as to particular contents of said act and of said decree, crave leave to refer when pro- duced to this honorable Court. Admit, that they have, ever since the year , occupied, and do now occupy, and are the owners of several stacks of warehouses, and dweUing- houses for their warehouse-keepers and servants, and waste ground, situ-* ate in or near G. L. and H. A., all which are in that part of tiie said palish of , which is within said city of L., and was built by Defendants. Say, that having built, and themselves the owners of said warehouses and dwelling-houses, they do not now, nor ever did hold the sanie, ot any part thereof, under any yearly or other rent, or for any consideration in the nature or in lieu of rent, nor hath any yearly or other rent, or for any consideration in the nature or in lieu of rent, nor hath any yearly or other rent at any time been paid for said warehouses, dwelling-houses, or ground, though Defendants say they do a^ipreliend and believe, that certain dwelling-houses, or some edifices or buildings were formerly erected and did stand upon scite of or upon the same pieces or parcels of land or giound on which Defendants' said warehouses and dwelling- houses have been since erected or built, and do now stand as aforesaid ; and that some yearly or other rents, or payment in the nature of rents, were reserved or made payable for or in respect of such dwelling-houses, or oihtr ediliccs and buildings, or the ground on which the same stood, but they are unable lo set forth, as to their knowledge, or olherv\ise, what such rt Ills or |.a)ments were, or whether they were paid or not, except that \\u:\ s;iy they have always understood or believed, and do now un- derstand or lit'licve, that such houses or buildings were inliabiceil or oc- cupied by persons of very low descriptions and necessitous circum- filances, and thcrefoic not likely to pay or make good any rents or pay- ments v\baluvcr i»i respect thereof. Say ANSWERS. 409 bay they do not now inhabit or occupy, nor have ihcy inhabited or occupied, since the said year or during any part of diat time, any messuages »r dvveilnig-houses, warehouses, yards, sheds, wltarfs, (juays, stables, or other edilices, buildings, and premises, situate williin that part of the said rectory and parish which is in the city of L. or the liber- ties thereof, save as aforesaid. Say they are advised, and humbly insist, that Plaintiff, as the lay impro- priator of said parish or rectory, is not entitled, under or by virtue, either of the act of parliament, or tlie decree in bill mentioned, or otherwise, to any tithes or yearly or other payments, in the nature or in lieu of tithes, for or m resptcl of the said warehouses and (IvvcHing-houses of Defendants, or any of them, inasmuch as they have also been 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 having been so advised, they have not paid, but on the contrary, have refused to pay any sums or sum of money to Plaintiti", or to auv person for Ins use, since the year , for or in respect of tithes or dues for thest- Defendants' said warehouses and dwelling houses, or any of them, save and except, that certain of their said warehouses havinqj been built previous to the year , and Plainiifi' having m 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 of ^' , such being, as Defen- dants believe, the sum said warehouses were rated at to the land-tax. And Defei; lants nut having sufficiently investigated the right of Pirtintiff to make such demand, Defendants did then submit to make such payment to Plaintiff, and they have continued to make the same up to last. But they do, for the reasons aforesaid, insist that such payment hath been made in their own wrong, and through igTioraiice of their owa rights, and are therefore not bound to continue same for the future. Ajzswer of the Attorney-General insisting' on an Escheat in case no H' ill made, and no Heir. This Defendant, saving, Sec. answcreth and saith, that he is a stranger to all and singular the matters and things in the Complainant's said bill of complaint contained, and subinitteth the sai'ie to the judgment of this honorable Court. But insists, on his majesty's behalf, that in case it shall appear, that sir D. D. late of, &c. deceased, in the Complainant's bill named, died without leaving any person or persons, a subject or subjects of Great Britain, his heir or heirs at law, and without having duly made and pubhshed his last will and testament, in the presence of credible wit- nesses, and with ail the solemnities of law requisite to devise or affect a real estate, at die lime of his being of sound and disposing mind, memory, and understanding, that then, and in such case, his majesty is viell entitled by escheat to all and singular the freehold messuages, lands, tenements, and hereditaments, of which the said sir D. D. died seized or entitled in fee- &inipJe. And therefore, this Defendant prays that this Court v\ill take care 410 ANSWERS. care of sucli right and interest, if any, as shall appear to be in his majesty. Without tliat, &c. Answer of the Attorney -General on behalf of a Charity. This Defendant, Sic. answcreth and saith, that he is a stranger to all and singular the iiialters and things in the soid bill of complaint contained, and leaves the same to such proofs as the Complainant can make thereof, a)id submits the same to tiie judgment, order and directions of this honor- able Court, and prays that this Court will take care of the charity in the bill mentioned, and give proper directions for the settling and establishing thereof. Without that, &c. Answer of Heir at Law to a Bill to prove a Will. This Defendant, &c. believes it to be true, that W. H. B. in said bill, was, in his life-time, and at the time of his death, seized or well entitled in fee-simple, of, and in such real estate and premises, as in said bill are mentioned to be devised by said will, and that said W. H. B. being so seized or entitled, did, at or about the time in bill mentioned, duly make and publish his last will and testament in writing, of such date, and in such words and figures, or to such purport and etfect, as in said bill set forth, though, for certainty, &,c. refers, &c. But whether said W. H. B. was of sound, 8cc. at the time of making and publishing said will, or whether same was duly executed, &c. or whether he departed this life without revoking or altering same, De- fendant knows not, nor can set forth, but leaves Plaintiff to such proof thereof as she shall be advised or able to make respecting same, as this Defendant doth not admit the validity of said will. Believes and admits Testator departed this life at or about the time in said bill mentioned, leaving Defendant, his nepliew and lieir at law, and that Plaintiff hath since duly proved said will jn the proper Ec- clesiastical Court. ^___^_^_ R. S, Answer of Lord of a Manor, on having seized Copyhold Premises, for ivant of a Tenant after three Proclama- tions. Tliis Defendant, &c. saith, he admits it to be true, that he this Defend- ant is lord of the manor of H . market, in the county of N. and that I. H. in the said bill of complaint named, was, in and before the month of seized to hiu), and to his hens, according to the custom of the said manor, oi and jn, &c. (describe the premises according to the Court Roll.) And that, on or about the day of the said I. 11. and M. A. H. his wile, in the said bill of complaint also named, conditionally sur- rendered all their and cither of their luessuages, lauds, teuements, and here- ditaments) ANSWERS. 411 ditaments, holdcn 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 saiih, that at a general court baron holden for the said Mianor, on or about the day of , and not as ni the said bill of complaint in that behalf alledged, 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 satisfaction 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 anri duly entered on the rolls of the said manor. And this Defendant, &.c. sailh, that he believes, at a general court baron, holden for the said manor, on or about the day of the death of die said 8. 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 nude lo the same effect. And at a general court baion, holden for the .said manor, on the day of a third proclamation was made in like manner, and by reason that no person came into claim the said premises, or to be admitted thereto, a precept was issued at such last g<-neial court to the bailiff of the said manor, Avhereby he was commanded to seize, 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 die day of S. 'J\ the bailiff of the said manor, certified, that on the day of then ]ast past, he the said S. T. had, in the presence of I. C. and T. D. two copyhold tenants of the said manor, entered upon and seized all the aforesaid premises into the hands of the lord, for want oi'a tenant thereto. But for his greater certainty, nevertheless, as to the several surrenders and other proceedings, this Defendant craves leave to refer to the court- rolls of the said manor, or to the copies thereof, when produced, &,c. (And this Defendant saith, he is ready and willing to cause a court to be holden for the said manor, and to admit as tenant to the said premises, such person as this lionorable Court sliall be pleased to direct, being indemni- fied in that behalf, and paid his customary tine on such admission.) And this Defendant saith, that he is a stranger to all other the matters in the §aid bill of complaint contained. And denies, Ixc. J.L. Ohservations.'-^'Yht seizure appears to have been absolute and not conditional, and if such a seizure 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 crotchets, would run thus : " And this Defendant further answering, saith, that according to tlie " custom of the said manor of H. market, this Defendant^ as lord of tlie « said 412 ANSWERS. " said manor, is become absolutely entitled to the said several premises, ** by virtue of the notices and proceedings aforesaid. And this Defendant ** humbly submits, that he ought not to be compelled to admit any tenant *' thereto, or lo be restrained from proceeding to recover the same by " ejectment." If the custom to entitle the lord be not clear, then the answer must gtand as drawn ; otherwise the Defendant may be made to pay costs. Part of Ansxcer of Purchaser to Bill for specific Per- formance, ivko resists on the Ground oj' a defective ^ Title, This Defendant, &c. saith, that the said abstract vras, on the part of this Defc;ndant, laid before an eminent conveyancer for his opinion as to the title of the said PJiuntiffs and the said Defendant E. M. H. to the said moiety of the said leasehold premises. And this Defendant was advised l)y such conveyancer, that it was doubtful from the will and codicils of the said Testator R. M. in the said bill of complaint stated, whether the said Testator meant that the said E. H. and S. A. by the bequest to them of the said leasehold premises in the third codicil contained, should take in any other character than as trustees. And that he could not therefore advise this Defendant to accept the title of the said premises vithout the concurrence of the persons v\ho would have been entitled thereto under the will of the said Testator R. ^l. if that will had clearly remained in force, or under a decree of a Court of Equity. And this Defendant admits, that the said Complainants have been and are ready and willing to complete the said sale on their parts. And that the said Defendant, by reason of the said opinion of the said conveyancer, hath declined to perform the said agreement on his part, without the direc- tion and indemnity of a Court of Equity, or the concurrence of the parties referred to in the said opinion. And this Defendant further saith, he believes that H. H. in the will of the said Testator R. M. named, departed this life some time since, leaving C. H. another De- fendant to the said bill of complaint, him surviving. Denies combina- tion, &,c. Answer by the Heir at Law, admitting the JVill. This Defendant, saving and reserving, &,c. answereth and saitb, she hath been informed, and believes, that 1. S. late of, &c. departed this iifc on or about, c;c. to the best of this Defendant's remembrance and belief of the time, without issue, leaving this Defendant his heir at law. And this JJefendant further saith, she admits it to be true, that the said X. S. did, in his lift ijm«', make and publish his last will and testament in \vriling, of .'^uch or the like date, purp<;rtor elVtct, as in the Complainant's bill is mentioned. And that fcuch will was duly made, executed, and published^ ANSWERS. 413 published, in the presence of three credible witnesses, and that such wit- nesses did respectively subscribe their names as witnesses thereto in the said Testator's presence, in such manner as the law directs where lands and tenements are devised by will. And the said J. S. was of sound mind, memory and understanding, at the time of his making and executing such will. And Uiat he did not at any time afterwards revoke or alter such will, but this Defendant, for her greater certainty of ti)e date and contents of such will, craves leave to refer thereto, when the same shall be produced, &c. And this Defendant denies all, and all manner of combination, &c. Ansxver to a BUI of Revivor y the Defendant being douht^ fill whether he can admit Assets. These Defendants, &c. AnA these Defendants further several!/ answering, say, they admit it to be true, that the said T. B. in his life- time, duly made and published his last will and testament in writing, and a codicil thereto, of such date respectively as in the said bill of revivor is mentioned in that behalf, and that he by such codicil appointed Defendants his executors, and that since his death Defend- ants duly proved the said last-mentioned will and codicil in the proper Ecclesiastical Court, and undertook the executorship thereof, and that they have possessed the said T. B.'s personal estate and effects so far as they have been conveniently able; and they believe (although they do not admit the same) that such personal estate as last-mentioned is sufficient to answer whatsoever might be due from the said T. B. at the time of his death to the estate of the said Testator D. D. if any thing were so due, but which these Defendants do not admit that there is : they these De- fendants are unable to ascertain the amount thereof, and therefore are advised that they cannot with safety or propriety admit assets of the said Testator T. B. to be in their hands, sufficient to answer the same ; but they will nevertheless be willing, and hereby submit to be examined on in- terrogatories in regard to the said last-mentioned Testator's personal estate, possessed by them, or for their use, if the same should be necessary. And these Defendants, under the circumstances aforesaid, submit, tliat it is not necessary for them to set forth in this their answer any account of the said Testator T. B.'s personal estate, possessed by them, or anv of them, further than as aforesaid. And these Defendants further seve- rally answer and say, they submit that the said suit and proceedings, which became abated on the death of the said T. B. may stand and be revived against them as such executors as aforesaid, and be restored to the same plight and condition in which they were at the time of the death of the said T. B. Without that, &,c. J. L. Answer put in after E.vceptions taken and allowed to former Answer, This "Defendant, saving and reserving to himself, as in and by his former answer to the said Complainant's said bill of complaint was saved and re- served. 414 ANSWERS. served, for furlbcr answer thereto, or unto so much thereof as this Defen- dant is advised is material or necessary for him to make answer unto, answereib and suilh, he admits it to be true, that this Defendant hath, by the Defendants T. N. L. and O. R., and by other booksellers em- ployed by him, publi>hed and sold many copies of the edition of , published by this Defendant as in his former answer mentioned, and that the number of such copies sold by him amounts in the whole to or thereabouts, as nearly as this Defendant can set forth the same to his knowledge i;r I.ehef ; but this Defendant denies, that he is now pro- ceeding, or threatens to proceed in publishmg and sellnig the said book, having discontinued the sale thereof, as in this Defendant's former answer mentioned. And this Defendant further answering saith, that the profit which he hathmade by such publication doth not exceed the sum of £ to the best of this Defendant's knowledge and behef; and this Defendant admits, that he hath applied the produce and profits of the said publication to his own use. And this Defendant saith, that he prmted and published copies of the said book or work, and no more, and that he hath sold copies, and that there now remains copies in his own custody or power, or in the custody or power of other persons by his order, or for his use, as nearly as he can set forth the said several particulars, as to his knowledge or belief. And this Defendant hath, in a schedule to this his further answer annexed or underwritten, and which he prays may be taken as part thereof, set forth to the best of his know- ledge, remembrance, information, and belief, a just and true account of all the sums of money which have arisen by the publication and sale of the said book, and of the profits which have arisen therefrom. J. L. Answer to Bill of Revivor , not admitting Assets. These Defendants, saving, &c. 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 honorable Court against j^uch parties, as Defendants thereto, as in the said bill are men- tiojied, 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 R. \V. the .said Complainant T. W. at or about the time in the said bill of revivor mentioned, exhibited his supplemental bill in this honorable Court, against such parties Defendants thereto, as therein mentioned, stating and praying to the effect in the said bill of revivor set forili, so far as the same is therein set forth. And that the said sLvcral Defendants in the said supplemental bill named, afterwards appeared and put in their answers thereto, and that such proceedings have since been had in the said cause, as in the said bill of revivor men- tioned. I'ut for their greater certainty nevertheless these Defendants crave leave to refer to the said original and supplemental bills, aniiwcrs, and other proceedings now remaining filed as of record in this honorable Court, tay, they admit it to be true, that before any fnrther proceedings vcre Lad in the itaid cause, and at or about the time in t)ie said bill of revivor ANSWERS. 415 revivor in that behalf stated, G. R. one of the Deftnrlants to the siiid original and supplemental bills, and one of the executors and trustees under the will of the Testator T. W. in the said bill of revivor named, and who hath principally acted in the trusts thereof, departed this life, having first duly made and published his last will and testament in writing, of such date as in the said bill of revivor mentioned, and thereof appointed these Defendants executors ; and these Defendants admit, that since his death they have duly proved his said will in the proper Ecclesiastical Court, and undertaken the executorship thereof, and are thereby become his legal personal representatives, and that they possessed the Said G. K.'s personal estate and effects so far as they have been conveniently able, and these Defendants believe (although they do not admit the same) that such personal estate and effects are sufficient to answer whatever might be due from the said G. R. at the time of his death to the estate of the said Testator T. W. if any thing were so due ; but these Defendants, not knowing the amount thereof, are advised that they cannot with safety or propriety admits assets of their said Testator to be in their hands, sufTi- cient to answer the same. And these Defendants say, they are ready to account for the said G. R.'s personal estate possessed by them, or for tlieir use, in such manner as the Court shall be pleased to direct, if the same should become necessary, say, they submit that the said suit and proceedings which became abated on the death of the said G. R. may stand and be revived against them as such executors as aforesaid, and be restored to the same plight and condition in which they were in at the rime of the death of the said G. R. Without that, &c. Answer to Bill of Revivor and Supplements This Defendant, &c. believes it to be true, that, at or about the time in the said bill stated, the several persons therein in that behalf named, ex- hibited their original bill of complaint in this honorable Court, against such parties as Defendants thereto, as in the said bill are mentioned, there- by stating and praying to the effect in the said bill set forth, so far as the same is therein set forth. And that such decree, decretal order, bill of re- vivor, and other proceedings were had therein as in the said bill set forth ; but for his greater certainty, nevertheless this Defendant craves leave to re- fer to the said original bill, decree, and other proceedings, now remaining as of record in this honorable Court. And this Defendant, 8cc. that A. W. in the said bill named, hath lately departed this life, and that the said A. \V. duly made and published his last will and testament in writing, thereby appointed dame A. B. R. T. and this Defendant, executrix and executors thereof, as by such will, or the probate, Sec. and that this Defendant hath since the death of the said A. VV. alone duly proved his said will in the Pre- rogative Court of the archbishop of C. and is thereby become his legal per- sonal representative of the said A. W. but this Defendant doih not know, nor can any how set forth who is the heir at law of the said A. \V. And this Defendant saith, he doth not know, nor can form any belief, whether the said A. VV. did or not, after the making of the report in the said bill mentioned, 416 ANS^7ERs. mentloriec?, receive any sum or sums of money arising from the real and personal estate of the said D. G. the elder, the 1 estator, in the pleadings of this cause named, which ought to have been accounted fur by hnn. But this Defendant saitli, he admits that he hath received assets of the said A. W. sufficient to answer any such sum or simis of money, if it shall appear that any such were received and not accounted for by the said A. W. in his life-time. And this Defendant saith, that he is a stranger to the several other matters and things in the said I ill inquired after. But submits tliat the said suit and the proceedings had ihereui, should stand and be revived against him tins Defendant^ as such personal representa- tive as aforesaid. Answer, stating Birth of Child, to a Supplemental BilL These Defendants, 8cc. say, they admit it to be true, tliat the several Complainants (innne them) exhibited their original bill of complauit in this honorable Court against this Defendant S. R. as Defendant thereto, thereby stating and praying to the effect in ihe said supplemental bill set forth, so far as the same is therein set forth. And that such decree and other proceedings were had therein, as in the said supplemental bill men- tioned; but for gieater certainty, &c. And this Defendant S. for her- self saith, that at the time of the death of her former husband W. B. the intestate in the pleadings in this cause named, she was eiisient with child, and that on or about, &c. she was delivered of a daughter, the said Complainant G. B. And these Defendants say, they admit it to be true, that they these Defendants have lately intermarried together. And tho^e Defendants submit, that the said decree made on the hearing of the said original suit, may be prosecuted and carried into effect. Answer of Assignees of Bankrupt to Bill of Supplement which made them Parties. These Defendants, Sec. believe it to be true, that Plaintiffs did, at or about the time in the bill in that behalf mentioned, exliibit their ori- ginal bill against such parties Defendants, and thereby praying such relief and matters, or to such effect as in the said supplemental bill in that behalf is mentioned, and that the several Defendants thereto ap- peared. Believe, that all the Defendants to said original bill, except Defen- dant 1. B, have put in their answers to said bill, but for their, &c. Beli< vt, that by or under some order of this Court, the sum of £ has been paid into Court in this cause. Admit it to be true, that, at or about the time in said supplemental bill, ill that behalf lueutioncd, a commission of bankrupt, under the great seal of Great Britain, was awarded and issued against said Defendant 1. B. and that he has b( en duly found and declared a bankrupt, and Uiat Defendants ANSWERS. 417 Defendants have been duly chosen and appointed assignees of the said Defendant I. B. the bankrupt's estate and effects, and that an assignment thereof has been duly made and executed to Deftndanis, by a legal num- ber of the conmiissioners named in, and acting under such commission, and therefore admit that Phiintitrs are entitled to such relief against Defendants as representing said Defendant I. B. as they were entitled to, or might have had against said Defendant I. B. if he had not become a bankrupt, but whether or not, the Plaintiffs were entitled to such relief against said Defendant 1. B. as tiiey have prayed, in and by iheir said 01 i- ginal bill, or to any relief, either against said Defendant I. B. or against Defendants, touching the matters in said bill menti^aied. Defendants say thev do not know, nor can they set forth, for Defendants siiy they are strangers to the matters and transactions in said original bill men- tioned, save as the same appear from the bill, and therefuie Defendants say they craVe leave to refer to the answer which said Defendant I. B. shall put in upon his oath to said bill. Say, that as such assignees as aforesaid, they claim all such interest in the matters in question m said original suit, as said Defendant 1. B. was, or should be found to be entitled. Answer of an Assignee of a Bankrupt^ to a Bill of Re- vivor and Supplemtnt. This Defendant, saving, &.C. saith, he admits it to be true, that the said original bill of complaint, and the said several bills of revivor and supple- ment, were exhibited in this honorable Court, at or about the limes, and between such parties, and to such tenor and effect respectively, as m the said bill of revivor and supplement of the said T. M. is in that behalf set forth, and that such proceedings were thereupon respectively had, a> in the said bill of revivor and supple. nent of the said T. M. are in that behalf stated. Bui for greater certainty, &c. refers, &c. Saith, that P. B. and T. 11. who, to-^ether with this Defendant, at the time of the exhibiting of the aforesaid bill of revivor and supplement of the said A. S. deceased, were surviving assignees, and elfects «jf I. \V. a bankrupt in the said original bill and bills of revivor and supplement named, and as such assignees were Defendants to the said bill of rtvi-or and supplement of the said A. S. deceased, and jointly with this Dtfen- dant put in their answer thereto, and the said P. B. and T. 11. have both since departed diis life, and this Defendant is thereby beconie the sole surviving assignee of the said estate and effects of the said 'i\ W. And this Diiendant as suth assignee claims, &c. {stating the bankrupt's claims upon the said lands, and the monies appearing due upon the ge- neral report lehich is set forth in the bill of revivor and supplement, J Without that, &c. E E The 418 ANSWERS. A?t Atiszcer of a single Defendant to a Bill of Revivor and Siipplcmenl. The answer of W. L. one of the Defendants, to the bill of revivor and supplement of J. B. Complainant. This Defendant, saving, Sec. saith, he believes it to be true, that at or about the time in the said bill of revivor and supjilement slated, the said J. B. exhibited her original bill of compl-iint in this honorable Court, vhich was afterwards duly amended by order tliereof, duly obtained for that purpose, and that such bill so amended, uas against such parties as Defendants thereto, as in the said bill are mentioned, thereby stating and praving to the effect in the said bill of revivor and supplement set forth, 50 far as the same is therein set forth, and that the said Defendants seve- rally appeared and put in their answers to the said bill, and a replication vas filed to some of such answers. And this Defendant further ans\^■er- ing, saith, he believes it to be true, that before any further or other pro- ceedings were had in the said cause, J. K. in the said bill named, departed this life, leaving I. K. her only sou and heir at law, her surviving, whereby the said suit and proceedings therein as to her became abated; and that the said suit and proceedings having become so abated by the death of the said J. K. the said Complainant exhibited her bill of revivor in this honorable Court, agai.ist the said J. K. the younger, as the heir at law of the said J. K. thereby praying to the effect therein mentioned, and that such proceedings have been had in ihe said cause, as in the said bill of revivor and supplement mentioned. But for greater certainty, S;c. And this, &c. admits it to be true, that before any farther proceedings w ere had the said cause, S. L. the late \\\'ie of this Defendant, departed tiiis life, leaving this Defendant, her husband, and \\ . \i. L. another Defendant to the said bill of revivor and supplement, her only son and heir at law sur- vivinf^.f And this Defendant saith, that articles of agreement, bearing- date, &c. were made and entered into between this Defendant and hrs late wife, previous to their mairiage, whereby, &c. (being the power of appointment reserved to her.) And this Defend.nit further saith, that the said S. L. did, in pursuance of the power given, an.d reserved to lur by the before-mentioned articles, duly make and publish her last will and testament in writing, bearing date, 6cc. and which was executed and attested in the presence of three witnesses, whereby, Sec. (giving the estates to /lerhnshand) \mt (or his ^reMer certainty, ixc. And this De- fendant sai'.h, that the said S. L. departed this life w ithout altering or vcvokin,aul S, L. all her right and interest iu the estate in question in this cause descended ANSWERS, 419 descended to, and became vested in this Defendant, as her heir dt law, and that if the said S. L. made any such will, as in the said bill of revivor and supplement in that behalf alledged, that sucii her right and interest in the said tslates was in no manner atfected thereby. And submits the cause may be revived, &:c. (in the usual zvords.) Without that, ik-c. A Part of Ansiccr to Ijiguirijy respecting IncumhranceSy i^^c. Schedule of Deeds. And this Defendant further answering, saith, he admits it to be truej that there are other charges and incumbrances affecting the said mort- gaged premises. And this Defendant sailli, he hath, in a schedule to this his answer annexed, or underwritten, and which he prays may be taken as pai t thereof, set forth, according to the best of his knowledge, reniembrance, information and belief, liie particulars of all and every such mortgages or other charges, and the dates thereof respectively, and the snm and sums of anoney thereby respectively secured, and the name and names of the grantees or mortgagees thereof, and also the name and names of the person and persons in whom the same are now res!>ectively vested, or last uere vested. Ann this Defendant hath also in the said schedule to this his answer annexed, set forth a full, true, and parti- cular list or schedule of all det^ds -uid instruments Vv'hatsoever, relating to the said morlgaged preniisep. which are now in the custody or power of this Defendant; and this Defendant is ready to produce Smd leave the saifte in tlie hands of his clerk in court, for the usual purposes. Concluding Fart of an Jnszrer of ne.rt of Kiuy to Bill of Rez-ivor and Suppltment, by eldest Brother. Admit it to be true, that before any further proceed inn's were had in the said cause, and at or about the time in the said bill of revivor and supplement mentioned, the said late Complainant G. D. departed this life mider the age of '21 years, inte&tate and witliout issue, leaving the said Complainant D. D. iiis brother of the whole blood, S. D. another Defendant in the said bill of revivor and supplement named, his only sister of the whole blood, and this Defendant P. C. Ins mother and these Defendants A. B. and C. his brothers of the half blood, his next of kin him surviving. And this Defendant P. C. admns that she hath, since the death of the said G. D. her son, procured letters of adnjiuistraiioii of his perswial estate and effects, to be granted to her, by and out of the proper llcclesiastical Court, and is thereljy become the legal ptrsonal represen- tative of the said G. D. as in and by, vKc. And these Defendants C, C. and P. C. say, that the Defendants A. B. and C. are the otdv children of the said Defendants C. C. and P. C, his wife, and that they are all infants under the age of '2 1 years. And these Defendants C. C. and P. C. his wife, in right of the said P. C. and these other Defendants, severally claim to be (entitled, as next of kin of the said intestate G. D. to their diatribn- E E ~. iivg 420 . ANSWERS. tive shares in the personal estate of the said intestate, and these Defen- dants submit to this honorable Court, whether the said Complainant is entitled to have the benefit of the said suit, so instituted by his said bro- ther, the said G. D. in this honorable Court, and of the proceedings had under the same. Schedule of real Estates not particularly devised. Say, they have, in the first schedule to this their answer annexed, and which they humbly pray may be taken as part thereof, set forth a full, true, and just rental and particular to the best of their respective know- ledge, remembrance, information and belief, of all the real estates, as well freehold as copyhold, whereof or whereunto the said W. B. was seized or entitled at the time of the date of his will, and of his death, which are not particularly devised by his said will, and where every part thereof is situate, and the yearly value of such particular thereof, and in whose tenure or occupation the same and every part thereof now are or is, and from time to time, since the death of the said W. B. have and hath been, and under what yearly or other rents or rent. Schedule of Rents received. Say, that they have, in their second schedule to this their answer annexed, and which they humbly pray may be taken as part thereof, set forth, according to the best of their respective knowledge, &c. a full, true, and particular account of all and every sum and sums of money which have been received by these Defendants, or either of them, or any other persons or person, by the order, or for the use of them, or either of them, for, or in respect of the rents and profits of the real estates of the said W. B. 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 rent or rents, and of vvhat part of the said real estates, and when due, all and every such sum and sums of money have been respectively received. Schedule of Debts to be inserted in Ansxoer. Says, that he has, in the first schedule to this his answer annexed, set forth, accordnig to the best and utmost of his knowledge, remembrance, information and belief, a lull, true, and particular account of all and singular the dtbts which were owing by the said T. or A. or either f)f them, as well at the time of making the said will, as at the decease of the said 'It siator, and interest due thereon, for such of the same debts carrying interest, calculated to, Jkc. &,c. Schedule ANSWERS. 421 Sc/ieduk of Personal Estate, And these last-named Defendants further severally answering, say, they have, in the first schedule to this, their answer annexed or underwritten, and which they pray may be taken as part thereof, set forth, according to the best and utmost of their several and respective knowledge, informa- tion and belief, an account of the personal estate and effects of the said Testator, at the time of his death, and also of the rents and profits of his real estate accrued since, distinguishing what part of the same hath come to the hands of these Defendants respectively, or of any other per* son or persons, to their, or either of their use, and for what sum of money the same and every part of such personal estate was sold. SECT. 422 SECT. II. DEMURllER. WHENEVER aiiy ground of defence isi appai'eut oxl tUe bill itself, either from matter contained in it, or from defect in its frame, or in the case made by it, the proper mode of defence is by demurrer. (Mit. 99.) A demurrer is the allegation of the Defendant, wdiich, admitting the matters of fact, or some of them, alledged by the Plaintiff in his bill to be true, shews that as they are set forth by the Plaintiif himself, they are insufficient for him to proceed upon, or to oblige the Defendant to make answer unto, or that for some reason apparent on the face of the bill, or because of the omission of some matter which opoht to be contained therein, or for want of some circum- stances which ought to be attendant thereon, the Defend- ant ought not to be compelled to answer. (Mit. 99.) And therefore it demands the judgment of the court, whether the Defendant shall be compelled to make answer to the Plaintiff's bill, or to some certain part thereof. The principal grounds of objection to the relief sought by an original bill which can appear on the bill itself, and may therefore be taken advantage of by demurrer are, first, that the subject of the suit is not within the juris- diction of a court of equity; secondly, that some other court of equity has the proper jurisdiction ; thirdly, that the Plaintiff is not entitled to sue by reason of some per- sonal disability ; fourthly, that he has no interest in the },ul)jcrt, or no title to institute a suit concerning it: fifthly, that he has no right to call on the Defendant concerning the I DEMURRER. 423 tlic subject of the suit ; sixthly, that the Defendant has not that interest in the subject which can make him liable to the claims of the Plaintiff; seventhly, that for some reason, founded on the substance of the case, the Plaintiff is not entitled to the relief he prays; eighthly, the defi- ciency of the bill to answer the purpose of complete justice; andj ninthly, the impropriety of confounding- distinct sub- jects in the same suit, or of unnecessarily multiplying suits. (Harrison's Chan. 210.J Tlie objections to a bill which are causes of demurrer to discovery only are, first, that the case made by the bill is not such in wliich a court of er[uity assumes a jurisdiction to compel a discovery ; secondly, that the Plaintiff has no interest in the subject, or no interest which entitles him to call on the Defendant for a discovery; thirdly, that the Defendant has no interest in the subject to entitle the Plaintiff to institute a suit against him even for the purpose of discos ery ; fanrthly, that there is not that privity of title between them which gives the Plaintiff a right to the discovery required by his bill ; fifthly, that the discovery, if obtained, cannot be material ; sixthly, that the situation of the Defendant renders it improper for a court of equity to compel a discovery. (Mit. 149.) As a demurrer relies merely upon matter apparent on the face of the bill, so much of the bill as the demurrer extends to is taken for true ; thus, if a demurrer is to the whole bill, (that is, every thing necessary to support the Plaintiff's case which is well charged in the bill. {iVes, 42G, 427.) The whole is taken for true; if it is to any particular discovery, the matter sought to he discovered, and to w inch the demurrer extendi, is takeii to be as stated in the bill, and if the Defendant demurs to relief- only, the whole case, made by the bill to ground the relief prayed, is V ' 424 DEMURUEK. is considered as true. A demurrer is therefore always pre- ceded by a protestation against the truth of the matters (Contained' in the bill ; a practice borrowed from the com- mon law, and probably intended to avoid conclusion in another suit. ( jMit. 173.) r A demurrer must express the several causes of demurrer. (Harrison's Chan. 211.) And in case the demurrer does not g-o to the whole bill, it must clearly express the parti- cular parts of the bill demurred to. (2 Ves. 451. Mit. 173.) A Defendant may demur as to part, plead as to other part, answer to the residue. An argumentative demurrer is bad. (2 Ves. jun. 83.) Where there is an argument in the body of the demurrer, such as, " in or about the year 1770, xvhich is upxvards of tuenty years before the bill fledJ". It is a speaking de- murrer, and bad." (Harrison's Chan. 212.) The g-round of demurrer must be a short point, upon which it is clear the bill w ould be dismissed, with costs, at the hearing-. (3 J^es. 253.) A Defendant cannot demur and plead, or demur and answer to the same part of the bill; for the plea or answer over-rules the demurrer. (3 P. //'. 80. 2 Atk. 282.) A Defendant may demur to any part of the bill, so as the demurrer be filed before the rule to answer be out, and before he has obtained an order for time to answer ; but after such order obtained to put in his answer only, he cannot dciiuir, uidess he obtains an order for that pur- pose. Where DEMURRER. 425 Where a demurrer leaves any part of a bill untouched, tlie whole may be amended, notwithstanding the allowance of the demm-rer. But after the demurrer to the wliole of a bill has been argued and allowed, the bill is out of court, and therefore cannot be regularly amended. To avoid this consequence, the court has sometimes, instead of deciding" upon the demurrer, given the Plaintiff liberty to amend his bill, paying the costs incurred by the Defendant; and this has been frequently done in the case of a demurrer for want of parties. (2 Cha. Ca. 197. Mit. 174.) After a demurrer to the whole bill over-ruled, the De- fendant may put in a demurrer less extended ; but not with- out leave of the court. {Harrhon's Chan. 217.) A general 42^ p E:\iURRLK. A general Demurrer for uajit of Equity. The demurrer of D. D., and J. D., and S. K., three of the Defendants, to the bill of complaint of S. S. Complainant. These Defendants, by protestation, not confessing all or an\ of the matters and things in the said Complainant's bill contained, to be true in such manner and form as the same are therein set forth and alleged, do demur to the said bill, and for cause of demurrer shew, that the said Complainant has not by his said bill made such a case as entitles him, in a court of equity, to any discovery from these Defendants respectively, or any of them, or any relief against them, as to the matters contained in the said bill, or any of such matters, and that any discovery which ca« be made by these Defendants, or any of them, touching the matters com- plained of in the said bill, or any of them, cannot be of any avail to the said Complainant for any of the purposes for which a discovery is sought against these Defendants by the said bill, nor entitle the said Complainant to any relief in this Court, touching any of the matters therein com- plained of. Wherefore, and for divers other good causes of demurrer appearing in the said bill, these Defendants do demur thereto, and they pray the judgment of this honorable Court, whether they shall be com- pelled to make any further and other answer to the said bill, and they humbly pray to be dismissed from hence with their reasonable costs in this behalf sustahied. ' Demurrer for nuint of Parties. These Defendants, by protestation, ^c. do dennn- to the said bill, and for cause of demurrer shew, that it appears by the said Complainant's own shewing in the said bill, that J. S. therein named, is a necessary parly to the said bill, as much as it is therein stated, that the said Testa- tor did, in his life-time, by certain conveyances made to the said J. S. in consideration of of ," convey to him, by way of mortgage, certain estates in the said bill mentioned, for llie purpose of paying the said Testator's said debts and legacies ; but yet die said Complainant hath not made the said J. S. a party to the said bill. Wherefore as before, &c. Demurrer, because the Discovert/ sought may subject the DtfemUnit to Fenaltics xvhich the Plaintiff has not 'cc'aioca. This Defendant, &c. as to such ])art and so much of the said bill as seeks to have discovery -from this Defendant of any timber, or young timber trees, in the said bill suggested to have been, since the death of sir J.T. bait, ihe Defendant's lale^ fatlur, tU ceased, in the said bill men- tioned, felled or uit down on the estate in the said bill mentionoil, or any part DEMUHUEK. 427 part thereof, by this Defendant, or Ijy his directions, or seeks to have any discovery of all or any sun) or sums :f money for wliich tlie samf or any part thereof vvere or was sold by ihis Defendant, d )ili demur, and for cause of demurrer bhewelh, that by the known and settled rules of this honorable Court, no person ought to be compelled to set forth or discover any matter or thmg which doth or in ly subject him to any pains, penalties, or forfeitures whatsoever; and therefore as the said dis- covery souglit by the said Plaintiff's said bill, doth and may, by the known law of this kingdom, subject and make this Defendant liable to several pains, penalties, and forfeitures, and which the said Complainant hath not in and by his said bill waived, as is usual in cases of the like nature to do, this Defendant doth demur in law to so much and such parts of the said bill, as pray the aforesaid discovery, and humbly demands the judgment of iliis honorable Court, whether he ought to be compelled to make any further or other answer than as aforesaid, to such parts of the said bill as he hath so demurred unto. The. several Demurrer and Answer of B. C, Wife ofT. C. a Lunatic, one of the Defendant Sy to the Bill of Com- plaint of S. E. Complainant. This Defendant, by protestation, not confessing or acknowledging all or any of the matters and thini^s in the Complainant's said bill mentioned to be true, in such manner and form as the same are therein set forth, as to the said bill or so much thereof as seeks to have the witnesses to the \viil of the said V. C diis Defendant's said husband, examined, and their testimony recorded in this honorable Court, in order to the perpetuating thereof, this Defendant doth demur, and for cuuse of demurier sheweth, that the said T. C. at the time of the exhibiting of the said bill was, and still is living, and that the witnesses of the said will of the said T. C. ought not to be examined to prove the said will, nor ought their testi- mony to be recorded during the life of the said T. C, and for that the said Complainant hath not any right or title, by or under the said will, until the said T. C's death. Wherefore, and for divers other errors and imperfections, good causes of demurrer appearing in the said bill, this Defendant doth demur to such parts of the said bill as aforesaid, and as to the residue of the said bill, this Defendant not waiving her said de- nuirrer, but relying thereon, and saving and reserving to herself all and all manner of benefit and advantage of exception, that can or may be had or taken to the many errors, uncertainties, and insufficiencies in such residue contained, doth answer and say, she hath heard and believes it to be true, that the said T. C. did several years ago, bat when exactly this Defendant cannot set forth, become disordered in his mind, and hath ever since been, and still is, incapable of managing himself or his affairs; and that the said Complainant did, on or about the day of , prefer a petition to the then Lord High Chancellor of Great Britain, that a commission might issue to inquire of the lunacy of the said T. C, and that a commission issued accordingly, and such inquisition was taken therein as in the said bill is for that purpose mentioned and set forth, and that 428 DEMURRER. that the said T. C doth still continue, and is a lunatic ; but this De- fendant, for greater certainty, craves leave to refer to tlie records of the said commission and inquisition ; and this Defendant further saitli, she admits it to be true, that after the said T. C. was found a lunatic as afore- said, the care and custod}- of his person \vas committed to this Defend- ant, and the care and management of his estate was committed to W. C. esq. in the said bill named, and that the said T. C her husband is still living, and this Defendant doth deny all manner of combination and con- federacy in the said bill charged, and humbly prays to be hence dis- missed, with her reasonable costs and charges, in this behalf sustained. Demurrer to a Bill of Ijiierpleader, for want of the usual Affidaxit^ that Flaintiff does not collude zcith any of the Defendants. This Defendant, by protestation, not confessing or acknowledging all ^actl every of the matters or things in the said Complainant's said bill al- ledged or contained, to be true, in such manner and form as the same are therein or thereby set forth or alledged, to the whole of the said bill doth demur, and for cause of demurrer sheweth, that although the said Complainant's said bill is on the face thereof, a bill of interpleader, and pravs that this Defendant, and the other Defendants thereto, may inter- plead together concerning the matters therein mentioned, and may be restrained bv injunction, from proceeding at law against the Complain- ant concerning such matters with any of the Defendants thereto, which affidavit ought, according to the rules of this honorable Court, as this Defendant is advised, to have been made, and annexed to the said bill. Wherefore, Sec. Demurrer to a Bill rclatins: to distinct jMa Iters. This Defendant, by protestation, not confessing any of the matters and things contained iu the said bill, to be true, as therein alledged, saith, that he is advised by his counsel, that the Complainant's said bill is insufficient, and to which, by the rules of this honorable Court, this Defendant ought not to be compelled to make or give any answer, and for cause of de- murrer thereunto, this Defendant shtwelh, that it appears by the said bill, that the same is exhibited against this Defendant and J. S. for seve- ral distinct matters and causes, in many whereof, as appears by the said bill, this Defendant is not, in any maimer, interested or concerned, by reason of which distinct matters the said Complainant's 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 this Defendant, and distinct matt»r> together, which do not depend on each other in the said bill, the phadin-js, ordi^rs, and proceedings will, in the progress of the said suit, he intricate and prolix, and this Defendant put to the unreasonable and unnecessary charges in taking copies of the same, although several parts thereof no \\a\s itliilc tr) or concern him; for which reason, and for divers other errors appearing in the said bill, this Defendant doth demur thereto, DEMURRER. 4<29 thereto, and he prays judgment of this honorable Court, wiiether he shall be compelled to make any further or other answer to the said bill, and he humbly prays to be dismissed from hence with his reasonable costs, on this behalf sustained. iSfote. — As the Defendants may combine together to defraud the Plaintiff of his rights, and such a cornbination is usually charged by a bill, it lias been held, that t!ie demurrer must so far answer the bill as to deny combination. M/f. 147- Conclusion of an An-^wery insisting that tJie Plaintiff' is not entitled to Relief in Equity, and claiming the Bene- fit of that Defence, as if the Bill had been demurred to. And this Defendant submits to this lionorable 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. A Deinurrer, zvhcre the Defendants are charged xvith Felonij, or compounding Felony. The demurrer of the Defendants, CD. G. II. and E. his wife, to part, and their answer to other part of the bill of com- plaint of A. B. Complainant. As to so much of the Complainant's bill as seeks to charge these De- fendants, or any of them, with the concealing or compounding (he felony in the bill mentioned, or as seeketh to compel any of these Defendants to njake any discovery touching the same, or any of the matters relating thereto, in the bill suggested or alledged, these Defendants, by protesta- tion, not confessing or acknowledging any of the matters or things re- lating thereto, in the said bill comprized to be true, in such sort, manner, and form, as therein the same are alledged or set forth, these Defendants do demur, and for cause of demurrer shew, that they ought not to be compelled to discover or set forth any matters whereby they may impeach or accuse themselves of an offence or crime for which they may suffer corporal punishment, or be grievously fined ; therefore, and for divers other good causes of demurrer in the Complainant's said bill of his own shewing, appearing these Defendants, as to so much of the Complain- ant's said bill as before is set forth, do demur, and do demand the judg- ment of this honorable Court, whether they, or any of them, ought, or shall be compelled, to make any answer thereto, other, or otherwise than as aforesaid, and humbly pray to be hence dismissed with their costs ; and these Defendants, by way of answer, do deny, dec, ADe- 430 ©EMURRIIR. A Demurrer^ for leant of Parties, rind for want of an Affidavit, to a Bill brought for a Discovery of a Deed. The demurrer of A. B. and J. his wife, Defendants, to tlie bill of coitiplaint of C D. Complainant. The said Defendants, by protestation, not confessing or acknowledg- ing all or any ttie matters and things in the Complainant's bill of com- plaint alledged and set forth to be true, in such manner and form as the same is, and are thereby set forih, say, that they are advised that the sub- stance of the said bill is to discover a deed suggested to be made by in the said biil named, whereby per annum, or some such provision was made for the benefit and advantage of his younger sons, and payable out of liis lands, and that the Plaintiff is the survivor, and entitled to the said provision ; and that the said lands, upon the death of the said descended or came to his eldest son and heir, deceased, of whom the Plaintiff, as is suggested, demanded the benefit of the said deed ; but before anv benefit obtained, he the said died, leaving two dauf'hters his iieirs ; and that the Plaintiff, after the death of the said , made his application to this Defendant , the relict of the said , and sent the deed to her, and that the said deed is now in the hands of the said Defendants, who, by combination with the said dauf'hters and heirs, do refuse to pay the Plaintiff the said provision made by his father, and the arrears thereof, or permit him to enjoy the lands out of which the same is issuing, and therefore prays a discovery of the said deed, and to have the arrears of the said provision, and farther relief; to which bill these Defendants, as advised, do demur, and for cause of demurrer say, that the Plaintiff ought, according to the rules of this Court, to have made affidavit that he had not, in his custody or power, the deed of which he seeks a discovery, and for want whereof he pravs relief m this Court ; and also, for that, the said Complainant seeks relief for arrears of a provision of per annum, or some other provision made by the supposed deed, and to have relief in this Court, to make j'ood the same for the future, and yet haih not made the execu- tors or administrators, nor the heirs of the said parties to his bill, who are (as these Defend;mts are advised), the proper persons en- titled and iiilcrc^ted to contest the said arrears or future payment thereof, and the relief prayed in and by the Complainant's said bill : and although he hath taken notice in hia biil of the said daughteis and heirs, yet hath not made them Defendants, nor prayed any process against them : Wlitrefore, and fur many other errors and defects in the said bill, the said Defendants do demur in law, and do humbly pray the judgment of this honorable Court, whether they shall be compelled to make any other or farther answer thereto, and do also humbly pray to be hence dismissed, Sec. . .1 Demurrer for that the Plaintiffs hare not entitled thenisflves to prosecute. ITic said Defendants, by protestation, not confessing or acknowledg- fftg all or any of the matters or things in the Complainants' bill of com- plaint DEMURRER. 431 plaiut contained, to be true, in such manner, sort, and form, as ihe same are therein and thereby set forth and alledged, do demur thereunto, and for cause of demurrer shew, that the scope and end of the Complainants' bill is to be relieved touching several sums of money by the said bill sup- posed to be due from tliese Defendants to one deceased, in the said bill named, which the Complainants would, or seek by their said bill to claim, as executors to the said , and yet have not alledged in or by their said bill, that they have proved the will of the said (if any such was made), or otherwise taken upon them the burden or exe- cution thereof, or any ways entitled themselves unto her personal estate, and to sue for the same : Wherefore, and forasmuch as the said Com- plainants have not well and sufticiently entitled themselves, in and by their said bill, to the said money (if any had been due from these De- fendants, or either of them, to the said ), as is thereby supposed ; and for that, slujuld these Defendants pay the money demanded by the said bill to the Complainants, before they have either proved the will, or sued out administration, they cannot sufficiently, as these Defendants are advised, and insist, discharge these Defendants, nor give these Defendants any proper receipt or receipts for the same, but that they shall or may be liable to be questioned again by such person as may sue out administra- tion to the said , with the said will annexed, or otiierwise ; and for which and tlivers other causes, these Defendants do demur in law unto *he Complainants' said bill of complaint, and all the matters and things i!;ercin continued ; and humbly demand the judgment of this honorable Court, whether they, or either of them, shall be compelled to make any other or farther answer thereunto ; and pray to be hence dismissed, with their costs, &c. A Demurrer, Plea ami Aiiszvery to a Bill seeling Relief against a IVill, xdiercby a personal Estate is devised, ' being proved in the Eeclesiastieal Courts and the JVitl pleaded in Bar, and for want of Equitij. The joint and several demurrer of S.N. and E. his wife, to part, and the plea of the said S. N. to part ; and the joint and several answers of the said S. N. and E. his wife to other part of the bill of complaint of M. B. VV. T. and J. jM. and S. his wife. Complainants. These Defendants, S. N., and E. his wife, by protestation, not con- fessing or acknowledging all or any of the matters and things in the said bill of complaint to be true, in such sort and manner as the same are therein expressed and contained, as to so much of the said bill as seeks to set aside or impeach, or have any relief against the will of R. R. in the bill named, as to the personal estate of the said II. R. or that seeks a discovery from these Defendants, or either of them, in relation to the said will, or that prays an injunction against this Defendant, A. N. to stop his proceeding at law against the said W. T. these Defendants do den)ur thereunto, and for cause of demurrer shew, that it appears, by the Complainant's own shewing, that this Defendant, S. N. hath proved the said 432 DEMUnREft. said will of the said R. R. in the Prerogative Court of the archbishop of C. ; and these Defendants are advised, that the probate of wills relating to estates, and particularly relating to personal estates, do properlv be- long to the Ecclesiastical Courts of this realm, and that the same ou"lit not to be called into question in this honorable Court ; and for fuitiicr cause of demurrer these Defendants shew, that there is not, as they are advised, any matter or thing set forth in and by the said bill, as a foun- dation of equity for this Court to interpose, in relation to the action at law commenced by this Defendant, S. N. against the said VV. T. but v\bat is properly cognizable at law, and that the said Complainant may have the same or equal benefit, upon a trial at law, if the same is true; for which reason, and for divers other causes, these Defendants do demur to so much of the said bili as aforesaid, and humbly pray the judgment of this honorable Court, whether they shall make any further or other answer thereto ; and as to so much of the said bill as seeks to Irave a distribution of the personal estate or eflfects of the said R. R. according to the sta- tute of distribution of intestates' estates, or that seeks an account or dis- covery of or from this Defendant, S. N. of the personal estate of the said R. R. this Defendant, S. N. doth plead thereunto, and for plea this Defendant saith; that the said R. 11. did, in his life-tiuie, on or about the day of , in the year of our lord , as this Defendant believes, duly make and publish his last will and testament in writing, and thereby, after giving several legacies therein particularly mentioned, gave and bequeathed all the rest and residue «>t his real and j)ersonal estate unto this Defendant, to hold to him, his lieirs and assigns, for evef^ and of the said will made this Defendant sole executor; and this Defendant also, after the death of the said Testator, proved the said v\ill in the Prerogative Court of the aichbii-hop of C. as by the probate there- of, under the seal of the said Couit, now in the custody or powtr of this Defendant, ready to be produced, as this honorable Court shall direct, and to which this Defendant craves leave to refer, doth more fully and at large appear. All matters and things lliis Defendant doth aver, and is ready to prove, as this honorable Court shall direct, and doth plead the same in bar to so much of the said bill as for that },'urpose is herein- before mentioned, and humbly craves the judgment of this honorable Court, whether he shall make any further, or other answer thereto; and as to so much of the said bill as these Defendants have not before re- spectively demurred or |)leaded unto, tlicse Defendants in no sort waiving the benefit of their said denuureV and plea, or either of them, but wholly relying and insisting lherro!i, these Dtfendanis for answer to the re- sidue of the Complainant's said bill, or to so much thereof as these Defendants are advised is material or necessary for them, or either of thenj, to make answer unto, these Defendants, each speaking for him and herself, and not the one for the other, they, these Defendants, do st vc- rally answer and say as fuilows, &,c. SECT. 433 SECT. III. — PLEAS. WHEN an objection to a bill is not apparent on the bill itself, if the Defendant means to take advantage of it, he ought to shew to the court the matter which creates the ob- jection, either by answer or by plea. (^Mit. 177.) Pleas to original bills may be considered under the two heads, of pleas to relief, and pleas to discovery only • and first, with respect to the former. Pleas have g-enerally been considered as of three sorts ; to the jurisdiction of the court ; the persons of the Plaintiff or Defendant ; and in bar of the suit. (Mit. 176.) Though the subject of a suit may be Avithin the jurisdic- tion of a court of ef[uity, yet if the court of Chancer^?^ is not the proper jurisdiction, the Defendant may plead the matter which deprives the court of jurisdiction, and shew to what court the jurisdiction belongs ( I Ves, 203.) ; and upon this ground may demand the judgment of the court, whether he shall be compelled to answer the bill. (Chan. Fract, 417. 420.) Pleas of this nature arise principally where the suit is for land within a county -palatine. (2 Com. Big. Chan. »56. Cha7i. Pract. 420. 1 Cha. Ca. 41. Nels.. Rep. 37. QQ. Ca7^ys Rep. 60.) ; or where the Defendant claims the privileges of an university (Cary^s Rep. 65,66. 73. 2 Vent. 362.), or other particular jurisdiction. (Alit. 182,183.) The court of Chancery being a superior court of general jurisdiction, nothing shall be intended to ])e out of its juris- F F diction. 434 PLEAS. diction, which is not shewn to be so. (1 Ves. 204.) It is requisite, therefore, in a plea to the jurisdiction of the court to allege, that the court has not jurisdiction of the subject, and to shew by what means it is deprived of jurisdiction. It is likewise necessary to shew what court has jurisdiction. (1 r ucre il in wrong. Tliis Defendant, by protestation, to so much of said bill as seeks to compel this Defendant specificallY to peifonn the agreement in die said bill mentioned, to have been made and entered into between th<- Com- plainant and this Defeiwlant, for sale by lliis Defendant, unto the Com- plainant, of a certain messuage or tenement in the bill mcuioned, or as seeks to compel this Defendant to execute a conveyance of such messuage or tenement unto the Plaintiff, pursuant to any such agreement, cr as seeks any oiher relief relating to such messuage or tenemeiit, or as ^etks any discovery from this Defenriant, of or concerning any agreement niade or entered into between the Complainant and this Defendant, for sale by this Defendant unto the said Complainant, of the said messuage or tene- ment, and not reduced into writing, and s'gned by tins Defendam, or some person by him this Defendant lawfully authorized, this Defendant doth plead in bar, and for plea saith, that by an Act of Parliameiit, made in the twenty-ninth year of his Majesty King Charles the Second, in- tituled, " An Act for Prevention of Fraud and Perjuries;" it was, amongst other things, enacted, that, from and after the day of , no action should be brought, whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interests in or concerning them, unless the agreement upon which such action should be brought, or some memojandum or note thereof should be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized, as by the said act may ap- pear. And this Defendant further for plea saith, that neither he, tliis Defendant, nor any person by him lawfully authorized, did ever sign any contract or agreement in writing, for making or executing any sale or conveyance to the Complainant of tlie said messuage or tenement, or any part tiiereof, or anv interest thereof, or to any such eftect, or any memo- randum or note in willing, of any such agreement ; all which^*ttt«**4 and things this Defendant doth avei to be true, and is ready to prove, as this honorable Court shall award. And therefore he doth plead the same in bar, to so much and such parts of the said bill as aforesaid, and lunnbly prays the judgment of this honorable Court, whether lie shall be com- pelled to make any further or other answer to so much and such parts of the said bill as is herein and hereby pleaded unto as aforesaid. And this Defendant, not waiving his said plea, but wholly relying and insisting, and in aid and support thereof, for answer to the residue of the Complain- ant's bill, not hereinbefore pleaded unto, or so much thereof as he, this Defendant, is advised, is in anywise material or necessary for him to make answer unto, he, answering and saith, that he, this Defendant, was, in the month of , and now- is seized, in fee-smiple, of the messuage or tentmeiit in the bill mentioned, together with the household goods and stock upon the premises, and that the same then were, and now are, in his possession or occupation, in the manner therein set forth. And this Defendant also admits it to be true, that this Defendant was, in the said month of last, desirous to sell the said messuage or tene- ment, and the furniture and stock in and about the same, and that the Complainant, being by trade a brewer and maltster, was then desirous of puicliasing the same, and that a treaty w as, in the said month of had PLEAS. 447 hM between the Complainant and this Defendant, for the sale thereof, by this Defendant to the Complainant. And this Defendant further answering saith, that while the Complainant and this Defendant wera treating or conversing togedier, as to this Defendant selling to the Com- plainant the said messuage or tenement, tlte Complainant asked this De- fendant's opinion whether S. W. w!io is named in the said bill, was not a fit person to take or become tenant of the said premises, and this De- fendant having answered, that he, this Defendant, knew nothing lo the contrary, the Complainant then desired, that if this Defendant should see the said S. VV. this Defendant would send him to the Complainant, and the Com} lainant, at or about the same time, asked this Defendant at what yearly rent the said messuage or tenement was rated in the parish books; and this Defendant having answered that the said messuage or tenement was in sucli books rated at tiie yearly rent of £ , the Com- plainant further asked this Defendant whether the same would bear rising, for that the same was well worth £ a year, or conversation to such or the like effect then passed between the Complainant and this Defendant, to the best of this Defendant's remembrance and belief. But this Defendant also saith, that this Defendant's declaring that the said messuage or tenement was worth £ a year, proceeded from his speak- ing in a hurry, or by surprise, and without consideration, the said mes- suage or tenement being really worth to be let much more than £ a year. And this Defendant further saith, that this Defendant, having seen the said S. W. shortly after the aforesaid conversation with the Complainant, he, this Defendant, informed the said S. W. that the Com- plainant wanted to see him, the said S. W. for the purpose of treating with the said S. W. for letting unto the said S. W. the said messuage or tenement, or to such or the like effect. And this Defendant hath been since informed and believes, that the said S. W. did very soon afterwards go to the Complainant, and that, after some short treaty was had between them for the Complainant's letting the said messuage or tenement to the Haid S. \V. they, the said S. W. and Complainant executed a writing, bearing date the day of last, and signed by them, whereby it was declared, that in case he the said S. W. should, on or before then next, purchase the said messuage or tenement from B. for which he was then in treaty with him, that he would then give a lease thereof to the said T. W. at the rent of £ per annum, although this Defend- ant, for greater certainty as to the date and material contents of such writing, craves leave to refer thereto, now in this Defendant's custody or power, the same having been obtained from the said S. W. by a relation of this Defendant's, and by him delivered to this Defendant. But this Defendant saith, be doth not know or believe that the Complainant, in writing or otherwise, entered into any absolute agreement, or any other agreement than as aforesaid, for letting the said messuage or tenement unto the said S. W, And this Defendant also saith, that, to the best of his, this Defendant's remembrance and belief, he, this Defendant, did not, at any time further or otherwise, with the said S. VV. for letting the said messuage or tenement unto him, or executing any lease thereof unto him, nor was further, or otherwise than as aforesaid, privy to the execution or signing of the same agreement, dated the day of last, by the Complainant; or the said S. W. or either of them, or to the making of any 448 PLEAS. any agreement between tlieni for the Complainant's letting the said mes- suage or tenement nnto the said S. W., before or at the time of exe- cuting, signing, or making thereof, or until some time afterwards. And this Defendant is advised, and humbly apprehends, that according to the terms of the said writing, dated the day of last, the Complainant cannot be answerable to the said S. W., or liable to make any satisfaction to him for or on account of his not executing a lease of the said messuage or tenement to the said S. W., or not lettmg the same to him in case the Complainant should not be able to purchase tlie same from this Defendant. And this Defendant absolutely msists, that the said within agreement, dated the day of , is now void and of no effect, as the said Complainant was not become the purchaser of the said messuage or tenement by now last past. And this De- fendant further saith, he believes that the sum of £ in money, and an annuity of j£ for the life of this Defendant, was not in the said month of last, near a full and valuable consideration for the purchase of the said freehold and inheritance of the said messuage or tenements. And denies combination, 8(.c. W. A. Observation. — The answer takes no notice of the charge that the Defendant delivered the deeds to the attorney for the purpose of ex- amining the title and preparing the conveyance ; and that, therefore, in arguing the plea, that charge must be admitted to be true, there was nothing in the instructions concerning that charge. The bill, and the facts stated in the answer, were laid before A. and S. separately, they both advised the Plaintiff to plead the statute of frauds. The Lord Chancellor, Hilary term, over-ruled the plea in this cause, but ordered it to stand for an answer, with liberty to except and saving to the Defendants the beneht of the statute. At the hearing he con- sidered the bill in the same light as if it had stated merely a parol agree- ment for the said matters contained hi the bill, tending to shew a special perforniance of the agreement, were so frivolous they might as well have been left out. Considering the bill in that point of view, he thought the plea a bad one ; because it went to the discovery of that which, if the court could be satisfied of the truth of it by any other means but by evidence they would decree performance of the agreement. He was, therefore, of opinion, that the plea should be supported by an answer denying the fact of the agreement, and seemed to think, that where the Defendant pleads the statute of frauds, and by his answer admits the agreement, the answer over-rules the plea, and the court would decree execution. He also observed, that where a bill stated an aiireement, without mentioning it to be in writing, a demurrer would be the proper niofle of pleading, according to the g(;neral rules of and principles of demurrers, because it appears on the face of the bill, that the Plaintiff lias not made out such a case as entitled him to relief; but he added, that the usual course was to plead the statute to such a bill, and that the practice had obtained by analogy to the courts of law, where if the declaration slated an agreement, wiiliout mentioning it to be in writing, *L was alwa\s usual to plead the statute in bar to it. Pita PLEAS. 449 Plea of the Statute of Limitations. This Defendant, by protestation to all the discoveries and relief in and by the said bill sought from or piayed against this Defendant, other than and except such parts of the said bill as seek a discovery of or concerning the age of T. N. P., in the said bill named, or a discovery whether the said T. N. P., out of respect ur affection for the said T. P. his father, did not forbear, or was not unwillnig to take or use any compulsory measures for obtaining a settlement of the accounts oi the matters m the said bill mentioned, this Defendant doth plead in bar, and for plea saith, that by an act of parliament made and passed in the twenty-first year of king James I, intituled " An Act for Limitations of Actions, and for avoiding Suits at Law," it was enacted, &c. {state act). And this J)efendant, for further plea, saith, that if the Complainant, eidier in her own right, or as administratrix of the said S N. deceased, or as adminis- tratrix of the said personal estate of the said R. N deceased, in the said bill named, or otherwise ever had any cause of action or suit ng:iinst this Defendant, or against the said T. P. this Testator, for or concermng .my of the matters in the aforesaid bill of complaint mentioned, which this Defend- ant doth in no sort admit, such cause of action or suit did accrue or arise above six years before the tiling of the Complainant's bill of complaint, and above six years before serving or suing out process against this De- feidant to ap|)ear to and answer the same bill ; and the said T. N. P. w-as not, at any time within upviards of six years before the tiling of the Com- plainant's 1)111, or within upwards of six years before the serving or suing out process against this Defendant, to appear to and answer the said bill, nor hath the Complainant, at any time since the death of the said T. N. P., been under any of the disabilities mentioned and described in the said act of parliament. And this Defendant, for further plea, saith, that neither he, this Defendant, nor to his knowledge or belief the said T. P. de- ceased, this Defendant's Testator, did, at any time within six years, be- fore exhibiting the said bill, or serving or suing out process against this Defendant, to appear to and answer the same, promise or agree to come to any account for, or to pay, or any ways satisfy the said Complainant, any sum or sums of money, for or by any reason, or matters, transactions, or things, in the Complainant's said bill of complaint charged or alledged. All which matters and things this Defendant doth aver to be true, and is ready and willing to maintain and prove, as this honorable Court shall award; and he doth plead the same in bar to the whole of the said bill, except such parts as aforesaid, and doth humbly demand the judgment of this honorable Court, whether he, this Defendant, ought to be com- pelled to make any further order, or answer to such parts of the said bill as he hath pleaded unto ; and this Defendant, not waiving or relin- quishing, &c. he, this Defendant, answeredi and saith, he believes the saidT. P. N. attained his age of years in or about, &Lc. in the year, Sec. ; and this Defendant doth not know or believe,, that the said T. P. N., for any time whatsoever, forbore or was unwilling, out of respect or affection for the said T. P. his father, to take or use any com- pulsory njeasures foi obtaining any settlement of the accounts, in the bill mentioned. Without that, &<:, G G Plea, 450 PLEAS. Pleat Defendant not legal Representative. This Defendant, by protestation to all the discovery and relief sought and prayed by the Complainant's said bill, he, this Defendant, doth plead, and for plea he saith, that he, this Defendant, is not executor or administrator in the bill mentioned, or the legal representative of the said B., which said representative or representatives ought to be made party or parties to the Complainant's said bill, as this Defendant is ad- vised. All which matters and things this Defendant avers to be true, and pleads the same to the said bill, and humbly demands the judgment of this honorable Court, and humbly prays to be dismissed, with his reasonable costs, &c. Plea of the Statute of Frauds to a Parol Agreement, with a Statement of J he Bill. The bill in this cause stated, that in B. agreed to sell a house, called the inn, of which he was seized in fee to the Plain- tiff for £ in hand, and an annuity of £ for B.'s life ; that for se- curing the annuity, the Plaintiff agreed to give a bond, w ith one security, and also to demise the premises to a trustee for B., the indenture of demise to bear date subsequent to the conveyance from B. the Plaintiff. Jt was also agreed, that the Plaintiff should take the stock and household furni- ture at a fair appraisement ; that Plaintiff and Defendant afterwards met in the presence of Plaintiff's attorney, when the agreement was again repeated and confirmed, and the attorney took notes of it at the time, and in the presence of the parties, that it was settled should be also prepared and executed before then next ; that it was also agreed the said attorney should prepare the deeds, agreeably to the said notes, and that B. should put the title-deeds into his hands to inspect on behalf of Plaintiff, and to enable him to prepare the conveyance; and that by the conveyance, and that by the said agreement, the said title-deeds were never to be returned to B., but after the said conveyances were executed, ■were, with the said conveyance, and the said deed of demise to B.'s trustees, to be lodged in the hands of such trustees for the benefit of both parties; that the title-deeds were accordingly delivered to B. for the purpose ; that the consideration for the said purchase was fully adequate ; that Plaintiff and B., in pursuance of said agreement, fixed on a j)erson to :ip|)raise the stc^ck and furniture, and that Plaintiff', relying on the said agreement, had, with the privity, approbation, and consent of B., entered into articles of agreement with S. \V. to give him a lease of the said house for years, as soon as the said purchase should be com- pleted, to commence horn then next; that the Plaintifll' prepared the dteds, but before the appointment for the execution thereof, B. went to the attorney, and desired liim not to proceed any further, and, at the same time, requested llie l*laintiff to vacate the agreement, which Plain- tiff refused to do, and on the day of tendered the £ , and PLEAS. 461 and demanded possession ; that Defendant pretended the agreement was void, not being in writing, but Plaintiff insists, that it was in part per- formed in Plaisitiff's delivering the deeds to the attorney for the purposes aforesaid, and by Plaintiff's binding himself, widi Defendant's concur- rence, to let the premises. Prayer for a specitic performance. The plea of A. to the bill of complainrof B., Complainant. This Defendant, &,c. as to so much of the said bill as seeks to compel this Defendant, or any person or persons claiming under him, to execute a lease, in writing, of the several lands and tenements in the bill mentioned, or of any of them, or of any part thereof, pursuant to the pretended agreement in the bill mentioned, and as to any relief thereby prayed touching such lease and agreement, this Defendant doth plead in bar, and for plea sailh, that by an act of parliament made m the twenty-ninlh year of die reign of his late majesty king Charles 11., intituled " An Act for the Prevention of Frauds and Perjuries," it is, amongst other things, enacted, that from and after the day of , no action shall be brought whereby to charge any person upon any contract of lands, tene- ments, hereditaments, or any interest m or concerning them, nnle,ss the agreement upon which such action shall be brought, or some memoran- dum or note thereof shall be in writing, and signed by the party to be ciiaiged therewith, or some other person thereunto lawfully authorized, as by the said act may appear. And this Defendant avers, that neither he, this Defendant, nor any person by him lawfully authorized, did ever make or sign any contract or agreement in writing for making or ex- ecuting any lease to the Complamant of the same premises, or any of them, or of any part or parcel thereof, or to any such effect, as by the said bill is suggested, or any memorandum or note in writing of any agreement whatsoever, for or concerning the demising, or leasing, or making, or executing any lease of the said premises, or any of them, or any part or parcel thereof to the Complainant, and therefore this Defendant doth plead the said act of parliament, and matters aforesaid, in bar, to so much and such part of die said bill as seeks to compel this Defendant, or any person or persons claiming under him, to execute a lease to the Complainant of the several lands and tenements in the bill mentioned, or of any of them, or of any part or parcel thereof, pur- suant to the said pretended agreement ; and as to any the relief diereby prayed touching such lease and agreement, and humbly prays the judg- ment of this honorable Court whether he shall be compelled to make any further or other answer, &c. Plea of Bankruptcy), This Defendant, by protestation, not confessing or acknowledging all or any, &c. This Defendant doth plead, and for plea sailh, she hadi been informed and believes that the Complainant and J. B. the younger, his son, did, tor some years before the month of , carrv on the business of merchants, o G 2 as 452 PLEAS. as co-partners together, at L., in the county of Y. And that they were, be- fore and on, &c. jointly indebted, on account of the partnership dealings, to many persons to a large amount in the whole, and particularly to H. W. in the sum of ^' ; and that the said Complainant, and the said J. B. the younger, were, before and on the, £cc. severally indebted, on their respec- tive separate accounts, to many persons to a large amount in the whole ; and that the Complainant and the said J. B., or one of them, on their said partnership account, before the said, &c. committed one or more act or acts of bankruptcy, and that a commission of bankruptcy, under the great seal of Great Britain, on the said day of , was duly issued against them, under the names of J. B. the elder, and J. B. the younger, on the petition of the said H. W., and that they were thereupon, by the major part of the said commissioners named in the said commission, soon after duly found and declared to be bankrupts, as co-partners ; and that the said H. W., &c. &c. were duly chosen ass^ignees of the estate and effects of the Complainant and his said son, under the said com- mission ; and that the usual assignment was made by the major part of the said commissioners, named in the said commission, unto the said H. W., &c. of the personal effects of the said Complainant and his said son, and each of them; and that by indenture of B. andS., duly inrolled in this honorable Court in the year , the major part of the commis- sioners, named in the said commission of bankruptcy, also made the usual conveyance unto the said assignees of all the real estate of the said Complainant and his said son, and each of them; and that the Com- plainant, shortly after the issuing of the said commission of bankruptcy, obtained the usual certificate from in number and value of the joint creditors of him and of his son also, and also of the separate cre- ditors of him, the said Complainant, who proved their debts under the said commission of bankruptcy, and also from the major part thereof, from the commissioners named in the said commission ; and that Plain- tiff had duly conformed himself to the several laws made and in force concerning bankrupts. And this Defendant hath also been informed and be- lieves, that such certificate was duly confirmed by the right honorable the late Lord Chancellor. And this Defendant, for further plea, saith, she be- lieves that the said commission of bankruptcy hath never been superseded, but that the same is now remaining in full force, and therefore as the right claimed by the said bill to the estates therein mentioned, and to the rents and profits, appears by the said bill to have accrued, and if the same is just and well founded did really accrue long before the date and is- suing forth of the said commission, this Defendant is advised, that the said Complainant's right and interest to and in the said estate, and the rents and profits thereof, was, at the time of the filing of the said bill, and is now, vested in the said assignees, under the said commission of bank- ruptcy, for the benefit of them and the other creditors of the said Com- plainant and his son, and of the Complainant alone. All which matters and tliin^^s this Defendant doth aver to be true ; and she pleads the same to the whole of the said bill, and humbly demands the judgment of this honorable Court whether she ought to be compelled to make any further or other answer thereto. Plea PLEAS. 453 Plea of Alien Enemy. This Defendant, by protestation, not confessing or acknowledging ali or any of the matters and things in tiie said Complainant's said bill men- tioned, to be true, in such manner and form as the same are therein and thereby set forth and alledged, doth plead thereunto, and for plea saith, that the said Complainant is an alien born in foreign parts, that is to say, in the kingdom of Spain, out of the allegiance of our lord the now king, and under the allegiance of a foreign sovereign, that is to say, of the king of S., an enemy to our said lord the king; and that the said Complainant, before and at the time of his exhibiting liis said bill against this Defendant, was and still is an enemy of our lord the nosv king, and an inhabitant of C, under the government of the said king of S., and adhering to our said lord the king's enemies. AH which matters and things this Defendant doth aver to be true, and pleads the same to the Avholeof the said bill, and humbly demands the judgment of this honor* able Court whether he ought to be compelled to make any answer to the » lid bill of complaint, and humbly prays to be hence dismissed, with his reasonable costs in this behalf most wrongfully sustained. J. L, A joint Plea of a valuable Consideration by Executors of Purchaser, In Chancery, The joint and several plea of J. G., W. S., J. B., and F. L., four of the Defendants, to the bill of complaint of J. T. Complainant. These Defendants, by protestation, not confessing or acknowledging all or any of the matters and things in the said Complainant's said bill of complaint contained, to be true, in such manner and form as the same are therein and thereby alledged ; as to all the discovery and relief in and by the said bill sought from or prayed against these Defendants, these De- fendants do plead thereto, and for plea say, that M. B., in the said Com- plainant's said bill of complaint named, was, at and pfk)r to the dates and execution of the indentures hereinafter in part set forth, seized or entitled in fee-simple of and in certain messusges or lenenients, and other premises, hereinafter particularly mentioned, of which premises the said M. B. being also in the «juiet and uninterrupted po^*session and enjoyment, (State the sale and consideration paid as a plea in bar.) SECT. 454 SECT. IV. DISCLAIMER. A DISCLAIMER is, where a Defendant upon oatii, by his answer denies he liath, or claims any right or title to the thing demanded by the Plaintiff's .lill, and disclaims, i, e. renounces all claim or pretenco of title thereto. Where a Defendant disclaims generally to all the mat- ters in the bill, the Plaintiff has not to reply -, if he doos, and serves the Defendant with a subpoena to rejoin, the Defendant may have costs against him for the vexation to be taxed. But if the disclaimer be only to part of the matter in question, but as to the other part, there is an answer, in such case there may be replication to that part that con- tains the answer. A Defendant may demur to one part of a bill, plead to another, answer to another, and disclaim to another; but all these defences must clearly refer to separate and distinct parts of the bill. (1 P. fV, 80.) A Defendant cannot by answer claim, what by dis^ claimer he has declared he has no right to. (Jl/it. 254.) If a disclaimer and answer are inconsistent, the matter will be taken most strongly against the Defendant upon the disclaimer. ( Mit. 234.) A disclaimer being in point of form an answer, the words of course preceding, and concluding the one, are pursued in regard to the form of the other. (Hind. 209.) The DISCLAIMER. 455 The disclaimer of A. B., the Defendant, to the bill of com- plaint of C. D., Complainant. This Defendant (here follow the words of course TcJiich precede an nrisicer,) 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, any right, title, or interest of, in, or to the estates and premises, situate, &c. in the said Complainant's bill set forth, or any part thereof, and this Defendant doth disclaim all right, title, and interest to the said estate and premises in, &c. in the said Com- plainant's bill mentioned, and every part thereof. (Here follow the Word3 of course zchich conclude an an^zicr.) An An,swer and Diaclairher. I'Tie several answer and disclaimer of A. B., one of the De- fendants, to the bill of complaint of , Complainant. This Defendant, saving and reserving to himself, now and all times hereafter, all manner of advantage and benefit of exception that may be had and taken to the many untruths, uncertainties, insufficiencies, and imperfections, in the said Complainant's said bill of complaint con- tained, for a full and perfect answer thereunto, or to such part thereof as it materially concerns this Defendant to make answer unto, he answereth and saith, that he believes that C. D. did die seized of such estates in and , as in the- said Complainant's said bill are men- tioned. And this Defendant does believe, that the said C. D. did make such last will and testament in writing, and did thereby create such trusts out of the said estates, and appointed this Defendant trustee thereof, in such manner, and to such purport and effect, as in the said Complainant's said bill for that purpose set forth. And this Defendant does believe, that the said Testator made E, F., gent., execu- tor of his said will ; and this Defendant does believe, that the said C. D. soon after making his said will, departed this life, that is to say, on or about the day of , in the year , without revoking or altering his said will, seized of such estates in and , as in' the said Complainant's said bill are set forth. And this Defendant further saith, that he was advised, that the said trust would be attended with some difficulty, besides expense and loss of time, to this Defend- ant; therefore this Defendant absolutely refused to intermeddle there- with, or any way concern himself therein. And this Defendant denies, that he, or any for him, ever entered on the said trust estate, or ever received any of the rents and profits thereof ; but this Defendant has been informed and believes the same were received by G. H., of the city of , in the said county of , gent., who was employed by the said testator C. D., in his life-time, to receive the rents and profits of the said estate for the said C. D. And this Defend- ant 456 t)XSCLAIMEU. ant dolh believe, that the said G H. hath received the said rents and profits of the said trust estate ever since the death of tiie said Ttbtator C. D , and still doth contirae to receive the same. And this Defendant positively denies, that the said G. H. had any power, anihority, or dirt-ction from this Defendant to receive all or any part of the rents and profits of the said trust-estate, or that he ever accounted to this De- fendant for the san)e ; and this Defendant is very desirous and ready to be dischar<:ed from his said trust, and to do any act for that purpose as this honorable Court shall direct, this Defendant being indemnified in so doi ig, and having his costs. And this Defendant further siith, that as to so much 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 lie claim or pretend to have, nor doth he now claim or pretend to have, anv right, title, or interest of, in, or to the said estate in , iu the said Complainant's bill set forth, or any part thereof; and this De- fendant doth disclaim ail right, ti le, and interest to the estate in , in the Complainant's said bill mentioned, and every part thereof. And this Defendant di>th deny all manner of 'unlawful combir.alion and con- federacy unjustly charged against him in and by the said Complainant's said bill of complaint; without that, that any other matter or thing, in the said Complainant's said bill of complaint contained, material or necessary for this Defendant to make answer unto, and not herein or hereby well and sufficiently answered unto, contessed or avoided, tra- versed or denied, is true. All which matters and things this Defeiidant is ready to aver, maintain, and prove, as this honorable Court shall award, and humbly prays to be hence dismissed, with his reasonable costs and charges in this behalf most wrongfully sustained. CHAP. 467 CHAPTER VII. Sect. I. OF INTERLOCUTORY MATTERS. PETITIONS. A S the common books of practice contain a variety and numerous selection of petitions upon the most ordinary occasions, the following- selection will exhibit such forms of petitions only which have never been before the public in print, without any reg^ard to those petitions which merely pray for matters of course. A petition is the request of a person in writing-, directed to the Lord High Chancellor, Vice Chancellor, or Master of the Rolls, shewing- some matter or cause whereupon the petitioner prays some direction or order. Brevity and form are the two thing's chiefly to be ob- served in drawing them. Sometimes they are upon collateral matters, as they have relation to some former suit or cause depending, or to an officer of the court as to have a clerk or solicitor's bill taxed, or to oblige him to deliver up papers, &c. Petition 43S PETI'IIOXS. Petition for sale of mortgaged Premises, the Mortgagee bemg a Bankrupt. In the matter of D. T., a bankrupt. To the Right Hon. the Lord High Chancellor of Great Britain. The humble petition of T. S., of M., gent. SlIEWETH, niat the said D. T. did, on or about the day of , by way of security oi £ then lent and advanced to him by J. L., late of ISI., gent., surrender into the hands of the lord of the manor of T. All, &,€. To the use and behoof of the said J. L., his heirs and assigns, ac- cording to the custom of the said manor. To hold, &c. That by an indenture, bearing date the said day of , and made between the said D. T. of the one part, and the said J. I., of the other part. It was agreed, &.c. (stale such part of mortgage deed as necessary.) That on the same day of , the said D. T. made and executed his bond to the said J. L. in the penal sum of £ , with a condition thereunder written for making void the same on payment of the said sum of £ and interest, at a day therein mentioned, and long since past. That by a deed-poll, bearing date on the day of , the said J. L., amongst other property, assigned to your petitioner all nio- nies due to him the said J. L., upon mortgages, upon trust, for the be- nefit of his children, in manner therein mentioned, subject to an interest therein for his own life; and the said J. L. afterwards departed this life in the year I'hat a commission of bankrupt, bearing date, &c. was awarded and issued against the said D. T., and he was thereupon duly found and de- clared a bankrupt, and the usual assignment of his estate and effects hath been made to, &c. That the wiiole of the said sum of o£^ , so lent and advanced by the said J. L. to the said D. T., now remains due and unpaid, together with an arrear of interest thereon from, &.c. That, on or about, &c. your petitioner caused a written notice, signed by your petitioner, and also by J. M. L., the eldest son and heir of the said J. L., and in whom the legal estate in the said copyhold premises is now vested, to be served on the major part of the commissioners in the said commission named, and also on R. VV., the solicitor to the said com- mission, requesting the said commissioners to proceed to inquire whe- ther, 8cc. That the said conunissioners have not thought fit to take any step in consequence of such notice. Your petitioner therefore most humbly prays your Lordship, that the said mortgaged premises may be sold before the major part of the commissioners in the said commission named ; and lliat an account may be lyken of what is due to your petitioner, as such assignee as aforesaid, PETITIONS. 459 afoicsaid, for principal and interest on the said mortgage, and that the purchase monies of the said premises may be applied in satis- faction of what shall be found du'' to your petitioner upon such ac- count ; and if such purchase monies shall be insufficient for that purpose, then that your petitioner may be adniiited as a creditor, under ilie said commission, for such deiiciency, and may receive dividends thereon pari passu v\iih the other cieditois of the said bankrupt, or that your Lordship will be pleased to make such fur- ther or other order in the premises as your Lordship shall seem meet. And your petitioner shall ever pray, 6vc. Petition to call a Meeting of Co?n?nissio)ie}\aid annuity, and the said bond for securing the said annuity, having been forfeited at law, your pe- titioner hath lately attended at a meeting of the commissioners acting un- der the said commission, to prove the said arrears, and also to prove the value of the said annuity; but the said commissioners, although they ad- mitted the proof of the said arrears, refused to admit your petitioner to prove the value of the said annuity. That no dividend has yet been made of the estate and effects of the said bankrupt. Your petitioner therefore most humbly prays your Lordship that she may be admitted a creditor under the said commission, for die value of the said annuity, and that it may be referred to the com- missioners acting under the said commission, to settle such value ; and that your petitioner may, from time to time, be paid dividends in respect thereof, rateably and in equal proportion wilh the other creditors of the said bankrupts, seeking relief under the said com- mission. J. L. Petition bi/ Creditors against the Assigfiees, under a Com- mission oj Bankruptcy, to have them removed, they not being Creditors^ but the Friends of the petitioning Cre- ditors, and for them to account for 7vhat had come to their Hands, and deliver up all Papers, S^c. In the matter of W. and J. O. bankrupts. To the Right Hon. the Lord High Chancellor of Great Britain. The humble petition of SUEWETH, That on or about the day of , a commission of bankrupt, under the great seal of Great Britain, was duly awarded and issued against the said W. and J. O. of, J; for the choice of assignees, the said Messrs. N.T. and Co. altt-red the proof of their debt to the sum of £ , and theu exhibited their account, stating the particulars thereof; and the said Messrs. N. T. and Co. by reason of the amount of tlieir debt, having the choice of assignees, chose the said N. M. one of their partners, and P. M. esq. who is not a creditor of the bankrupt, but is a particular friend of die said Messrs. N. and Co. to be the assignees of the said bankrupt's estate. That the said bankrupts were, at the issuing of the said commission, indebted to your peiilioner, A. B. in the sum of 4! ( Here state the debts of the respective petitioners.) Ihat the debts proved under the said commission, by other persons than the said Messrs. N . and Co. amount altogether to the sum of £ Tliat no dividend was made or declared under the said commission until the day of , when a dividend was declared of in the pound, and the said Messrs. N. and Co. at the meeting, of which such dividend was declared, again altered the proof of their debt, and made the same amount to the sum of ^ , according to a statement which they then exhibited, and which differed from their former statement, not only by carrying further sums to the debit of the said bankrupts, but also by reducing a sum of £ , with which they had before credited the estate of the said bankrupts, in respect of securities of C. P. transferred to them by the said bankrupts, to the sum of £ , and by omitting altogether a sum of o£^ , with which they had before credited the said bankrupt's estate in respect of sir VV. J.'s assignment of all reckonings. That the said assignees produced, at such meeting, an account of the bankrupts' estate received by them, amounting, in the whole, to the sum of £ , the first article of which was thus stated : — " By cash re- " ceivedof sundry debtors to the estate by Messrs. N. and Co. £ ." And on the other side of the account was an article thus stated : — " To " cash retained by Messrs. N. and Co. being the amount of debts re- " ceived by them, and upon which they have a specific lien, or are to " give credit on account of their demand against the estate, £ That the said Messrs. N. and Co. claim to have a lien upon securities given to the bankrupts to a very great amount, which securities were transferred to the said Messrs. N. and Co. very shortly before the bank- ruptcy, and when they had full knowledge of the insolvency of the said bankrupts. That the said bankrupts had a house of business at P. on which they drew bills to a large amount, and which were negociated through the house of the said Messrs. N. and Co. ; and the said Messrs. N. and Co, on the negotiation of such bills, not only charged the full rate of exchange thereon, which, according to the course of such transactions, includes the interest or discount for the time v;hich such bills have to run, but also made a further specific charge after the rate of £ per cent, per ann. for such interest or discount, thereby taking an usurious advantage of the said bankrupts. H H That 466 PETITIONS. That by reason of the said N. M. and P. M. the assignees, being such partner and friend of the said Messrs. N. and Co. as aforesaid, and hav- ing the possession of all the books and papers of the said bankrupts, and the controul of their affairs, the accounts of the said Messrs. N. and Co. with the said bankrupts, cannot be fairly and fully investigated, nor jus- tice done to the other creditors of the said bankrupts, unless new assig- nees be appointed. Your petitioners therefore humbly pray your Lordship that the said N. M. and P. M. may be respectively discharged from being assig- nees under the said co.nmission, and that a meeting may be had of the commissioners named in and authorized by the said commission, for the choice of one or more assignee or assignees of the said bank- rupts' estate and effects, in the places and steads of the said N.M, and P. iVJ. and that the said N. M, and P. M. may be directed to deliver to such person or persons as shall be chosen such new assig- nee or assignees, such part of the estate and effects of the said bankrupts as shall appear to be in their hands remaining in specie, together with all books, papers, and writings, in their, or either of their custody or power respectively belongmg, or any wise relating to the said bankrupts, or their estate and effects, and that the said N. M. and P. M. may join in assigning over of the said bankrupts' estate to such new assignee or assignees, and that tlie said N. M. and P. M. may be respectively ordered to come to an account be- fore the major part of the commissioners, for what hath come to the respective hands of the said N. M. and P. M. or to the hands of any other person or persons, by their respective orders, or for their respective uses ; and that all necessary directions may be given con- cerning the taking such accounts, or that your Lordship will be pleased to make such order in the premises as to your Lordship shall seem meet. And vour petitioners shall ever prav, &c. J. L. Petition by a Bond Creditor to have certain Property assigned to him as a Securilyy sold, and to prove the TJeJiciency under the Commission. In the matter of J. A. a bankrupt. To the Kight Hon. the Lord High Chancellor of Great Britain. The humble petition of T. A. of in the county of M. SllF.WETH, That in or about the month of G, P. then a partner in a bankitig-liouse in B. street, \;ilh J. S. J. D. G.T. S. and the said J. A. applied to your petitioner to accommodate the said banking-house with a loan of money or stock, and thereupon your petitioner agreed to lend to the ."-aid banking-house liie sum of ]£ ^iavy 5 percent, annuities, which your petitioner then had standing in his name, on the engagement of PETITIONS. 467 of the said G. P. that the several partners of the said banking-house should give your petitioner their joint and several bond for replacing ihe said stock, and paying to your petitioner the dividends in the mean time, as hereinafter stated, and should also give to your petitioner some real security for the same. That your petitioner, on or about the day of , accordingly transferred the said sum of j£ Navy 5 per cent, annuities to the said G. P. for the use of the said banking-house ; and thereupon the said J. S. &c. made and executed their joint and several bond to your said petuioner, in the principal sum of JC , with a condition there- under written, for making void the same, if the said J.S. &c. (set out to the end of the bond.) Hiat in the said condition of the said bond, and also in the indenture of the , hereinafter mentioned, the stock transferred by your peti ioner as aforesaid, was, by mistake, stated to be ^' ,5 per cent. Bank annuities, it the place of j£ ,5 per cent. Navy annuities. 'i hat, in further performance of the agreement between your petitioner and the said G. P. die said Messrs. S. and Co. at the same time, by way of further security for the said stock, and also, by way of security to the iio..r'able C A. for a debt due to him from the said bankijig-house, de- posited with Mr. L. in trust for your petitioner and the said honorable C. A. uie several deeds whereby the said bankuig-house had become in- terested in two several sums of £ and £ , secured on certain estates of P. B. esq. in the indenture hereinafter next mentiouedj and more particularly stated. That, by a certain indenture of four parts, bearing date on or about the day of , and made between, &c. (the deed assigning over the two last sums, as a security to petitioner, it is necessary to state this deed, as it shezcs more clearly the nature of the interests to be sold.) That the said indenture was duly executed by all the said parties thereto, except the said J. D. but the said J. D. was a party to the deposit of the said deeds widi the said Mr. L. and directed the same, or fully approved thereof. That a commission of bankrupt, bearing date on or about the, Sec, was awarded and issued against the said J. A., and he was thereupon duly found and declared a bankrupt, and the usual assignment of his estate and effects hath been made to, &.c. That no part of the said sum of .^* , 5 per cent. Navy annuities, was re transferred to your petitioner, pursuant to the condition of the said bond, nor liath since been re-transferred to him, and the whole thereof, together with the amount of the dividends, from the day of , now remains due and owing to your petitioner. Your petitioner therefore most humbly prays your Lordship that the interest of your petitioner's said two several sums of £ and £ , and in the security for the same, mentioned in the said in- denture of the may be sold before the major part of the com- missioners in the said commission named ; and that an account may be taken of what is due to your petitioner in respect of the principal of the said sum of £ ,3 per cent. Navy annuities, H H 2 and 468 PETITIONS. and of the dividends thereon ; and that the purchase-money arising from such sale as aforesaid, may be applied in or towards satislac- tion of what shall be found due to your petitioner, up he shall be excommu- nicated, which will be the next proceeding to enforce his obedience to the said order oJ 'he court of delegates, he will make over his property tgatory gen^M ally contains an inquiry of the witness, if he knows the parties in the cause, and it is usual to add a c mi lUtl.ng interrogatory, if the witness knows any thing which may lend to the btnclil of the party, for whom he is examined. J nte I rogatories INTEKROGATORIES. 4// Interrogatories to prove Books of Account. Interrogatories exhibited before, &c. (the usual title before a master.) THE CASE. G.G. the late husband of Plaintiff, was agent to D. Defendant's husband in L. and as D. made remittances to G. who paid money for D. in the capacity of agent, an accoiuit was opened be- tween them. G. died. The ptrson to whom these interrogatories were administered, was em- ployed after G.'s death, to settle the accounts be- tween him and D., afterwards D. died. 7'he Plaintiff brought her bill, praying an account, and alledging, that a sum of money remained due to lier from the estate of D. 1st. [Knowledge of the parties.] 2d. Was you or not, ever, and when, employed by any, and what person or persons, and whom by name, to make out any account of dealings and transactions between the said G. G. and T. D. in their respective life-times ? And if yea, when did you receive from the Plaintiff any books, papers, or writings, for such purpose, and particularly, whether or not any and what books or book which were, or was, or appear- ed to have been kept by, or for the said G. G. in his life- time, for the purpose of making entries of any and what kind, relating to dealings between him and the said T. D. ? Look upon the books 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 Plaintiff, 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 ? De- clare, &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. andT. D. and did not the said T. D. ever, and when, or in what manner, deliver, or send unto you, any, and what books or book of account, papers, or writings, for such purpose, or in consequence of such apphcation ? Look on the books, papers, 478 INTERROGATORIES. papers, and writings, Sec. were, or was the same, or any, or either, and which of them, delivered or sent unto you by the said T. D. on such occasion, or for such purposes, and what do the same produced hooks, pa- pers, and writings, respectively purport to be ? De- clare, &c. 4th. Did you not ever, and when, draw out any ac- count in writing, of or concerning dealings or transac- tions of all, or any, and what kind, which were had, or possessed between the said G. G. and T. D. for any, and how long time or times, and from and to what times did you not, previous to, or in order to the draw- ing out such account, carefully, or otherwise, and how, examine, inspect, or peruse, all, or any, and which of the books, papers, or writmgs, which were delivered or sent unto you, for such purpose, by, or on behalf of the Plaintiff, and the said T. D. respectively, or by, or on behalf of either, and which of them? Look upon the books or writings, &,c. Are, or is, the same, or not, the accounts which, if any, was so drawn out by you, or a true copy thereof? Doth the said book or paper, marked, &:c. contain a just and true account of all deal- ings and transactions between the said G. G. and T. D. for the time for which the same appears to be an ac- count, or are there any, and what, errors, omissions, or false charges therein, and for what reason, point all such errors, omissions, and false charges, and how the same happened therein ? Declare, &c. 5th. Whether or no, was a copy of the account which, if any, was drawn out by you, as is enquired after in the fourth interrogatory, at, or about any, and what time, delivered or sent, and by whom, unto the said T. D. ? Was the same or not, a true copy of the said book or writing, &c. or did the copy, which, if any, was so sent or delivered, in any, and what respect, differ or vary from the said produced books or writings marked. Sec..'' Declare, &.c. 6lh. 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 settling, examining, or consider- ing of the said accounts, which, if any, was drawn out by you, as is inquired after in the fourth interrogatory? If vea, when, or about what time, and where were such meetings had, and how long were you and he together at each of such times? Did, or not, the said T. D at all, or any, and which of such meetings, with any, and what degree of care, or attention, or otherwise, and how, exannnc the whole, or any, and what part of such ac- counts, and all, or any, and which of the articles there- in ; and were or not any, and what books, papers, or wiiiiiiear to you, on drawing out the accounts between the said G. G. and T. D. that it was reasonable that any, and what sum of money should be allowed by the said T. D. and on what ground, unto the said G. G. or his representatives, or estate, as, or by way of com- mission of receiving the money, on, or by virtue of such bills or drafts, was, or were not, any, and what sums of money, charged in the accounts drawn out by you as aforesaid, for such commission, and whether, or not, for postage of letters ? Had you not, ever, and when, any discourse or conversation with the said T. D.. 480 INTERROGATORIES. T. D,, with 'regard to his making any, and what al* lowance to the estate or representative oi the said G. G. for such commission and postage of letters, or on either, and which of such accounts? Il yea, what answer did the said T. D. make, or how did lie express or declare himself relating to such matters or things, or either, and which of them ? Declare, &c. Lastly. Interrogatories to prove an Agreement. In Chancery. Interrogatories to be administered to wit- nesses, &c. wherein I. D. is Complainant, and I. D. and T. R. C. are Defendants. I On the To prove agree- ment by sub- scribingziitvess, if not bif some person who knozcs D.'s hand-urilinS' To prove the letter, dated, Sfc. bytbesamezcit- ness zoho is ex- amined on the £d interroga- tory. To prove offer of 7/10 net/ to J J^- Jcndfint I)., by the examination of Mr. E. part and behalf of the Complainant as follows : 1st. [Knowledge of parties.] 2d. Look upon the paper- writing, now produced^nd shewn to you, at this the time of your examination, marked with the letter A. Whether or no are yuu by any, and what means acquainted with the character and manner of hand-writing of the Defendant L D. ? And whether or no is the name L D., appearing to be set and subscribed to the said produced paper-writing, of the proper hand- writing of the said Defendant L D., as you know or believe I Declare, &c. Sd. Look upon the letter, or paper* writing, now pro- duced and shewn to you, at this the time of your exami- nation, marked with the letter B, and the superscrip- tion or direction thereof. Wluther or no are you by any, and what means acquainted with the character and manner of hand-writing of the said Dtfendani 1. D. ? And whether or no is the body of the said letter, or paper-writing, and the name I. D,, appearing to be set and subscribed thereto, and the superscription or di- rection of the said letter, or cither, and which of them of the proper hand-\>ritmg of the said Defendant \. D., as you know or believe t Declare, &c. 4th. Whether or no was you, at any time in the }e:ir , and when, and where, present uilii the said Complainant and the said Delendanl I. D. when any conveisatioii passed between iheni respecting ihc public- house called the , at E., in the occupation of the said Complainant, and any agreement relating thereto i If yea, set forth the particulars of such con- versation, and what was said therein by the said par- tiern respectively, and whether the said Conii)lainant then otincd to pay any, and what sum of money to the said Defendant J. D.i Set lorlh, ike. To iNTERROGATORIES. 481 ^0 examine the 5tli. Whether or no did you, at any time, and when* solicitors of De- treat with, or enter into any agreement with the said fendant li. C, Defendant I. D. for the sale by him of the public- wko contiacled house at E , in the pleadings of this cause mentioned, for the pur- to the Defendant T. K. C. ? If yea, when, and by chase, as to their whom, were yoU employed to enter into such treaty krwicleds^e of and agreement, and when, and from whom, respec- Plnintiffs lively, did you receive all and every your instructions ogreementi or directions as to such treaty or agreement t And in particular did you ever, and when, receive any instruc- tions or directions res|)ecting such agreement from D. W. and W. H,, the partners of the said Defendant T. R. C, or either, and which of them ? And whether, or no, pending such treaty, or after the said agreement was concluded, an I before the purchase-money was jiaid by the said Defendant T. K. C, pursuant to such agreement, did you know, or believe, or had you any in- timation that the agreement, in the pleadii;gs in this cause set forth, or any agreement liad been entered into between the said Complainant and the said Defendant 1. D., as to the sale of the said public-house, called the , by the said I. D. to the said Complainant; and when, and from whom, and upon what grounds did you know or believe the same, or when, and from whom, did you receive such intimation ? And did you, at any time, and M'hen, before the said agreement was concluded, or before the said purchase-money was raid by the said Defendant T. R. C, inform the said Defendant of such your knowledge or belief, or of such intimation, and if not, why ? Set forth, &:c. To examine the 6th. Whether or no did you ever, and when, treat or partners of agree with the Defendanit I. D. for the sale by hiin of /'. R. C, and the public-house at E., in the pleadii:gs of this prove agency cause mentioned, to the Defendant T. R. C, or em- betweeu them. plov any person or persons, and whom, in any such treaty or agreement; or did you ever, and when, and to whom, [This interro- give any, and wl.at, instructions or directions as to gatory, and the such treaty or agreement? And whether or no did you rest, are very so treat or agree with the said Defesidnit [. D., or so strictly drawn, employ such person or persons in such treaty or agree- deing loizcilling ment, or give such instructions or directions as to ruch '^itneises.j treaty or agreement by the previous authority of the said T. R. C, or wi;h his privity or -approbation; or did he, afur you had so treated or agreed, or so em- ployed such person or persons, or given such directions or mstructions, know and approve of the same, or how otherwise ? And whether or no pending the treaty with the said Defendant I. D. for the sale of ihe said public- house to the said Defendant T. R. C, or alter .he agreement for such sale was concluded, and before the purchase-money was paid by the said T. R. C, pur- I I suant 482 INTERROGATORIES. suant to such agreement, &c.? (as the concluding part of the former interrogatory.) Set forth, &c. To prove a 7th. Whether or no did you, on any day, and when conversation in particular, in or about the month of , betzceen Plain- dine in company w ith the said Complainant at the pub- tiff and one of lie-house at B, ? And whether or no did the said the partners of Complainant then say to you, or to any other person. Defendant and whom, in your presence or hearing, that he had ''' jR. C. made any agreement for the purchase of the public- house, called the , at E., in which he lived, or to any such, and what, eft'ect ? And whether or no was the agreement between the Defendants I. D. and T. R. C. as to the sale of the said house then con- cluded, or had the said T. R. C. then paid his pur- chase-money for the said house to the said I. D. as you know or believe? And whether or no did you men- tion, or give any intimation, to the said T. R. C. of what the said Complainant had then said, before the said agreement was concluded between the said De- fendants I. D. and T. R. C, or before the said pur- chase-money was paid by the said T. R. C, and if not, why? Set forth, &c. For the exa- 8tii. Whether or no did you ever, and when, and how mination of the often, and at what particular times, in or about the same partners month of , and whether alone, or in com- as to their bor- pany with any other person, and whom, call at the rorcing the house of the said Complainant, and ask to look at the Plaintiff's agreement which he had entered into for the purchase agreement, and of iiis h.ouse, or to any such, and what effect? Or have theconversatiun you had any other, and what conversation with the said that passed Complainant respecting any such agreement ? And thereon. whether or no did you, or any other person, and whom, in your presence, at any, and which of such times, see the said agreement ? And whether or no did you, or any other person, and whom, in your presence, at any, and which of such times, desire to take the said agreement away, and alledge any, and what reason for so doing, or actually take the said agreement away, and alledge any, and what reason for so doing ? And fur how long did you, or such other person, keep such agreement, and for what reason ? And when did you, or such other })crson, return the same to the said Complainant ? And whether or no did you, or such other person, when the said agreement was so returned to the said Com- plainant, make any, and what declaialion as to the value that the said agreement would be of to the said Complainant, if he knew how to use the same, or to any such, or any other, and w hat ellect ? And whether or no, when you first called at the house of the said Complainant as aforesaid, and liad any conversation with the said Complainant respeclin<; any such agree- ment I INTERROGATORIES. 48$ ment as aforesaid, or when you, or such other per- son, took away such agreement as aforesaid, had the treaty for the purchase of the said i ubhc-house, called the , by the said Defendant T. 11. C. been entered into with the said Defendant I. D. ? Or if entered into had the sante been coin hided, or if concluded, had the purchase ni'jney fur the said house been paid by the said T. K. C, as you know or beheve ? Set forth the particulars at hir^^e according to the best of your know- ledge, remembrance, and behef, and the truth declare. [Last and u.-ual interrogatory.] Interrogatories to prone the Sale of an Estate by Auction^ 7vliick was purchased by an Agent, In Chancery. Between W Plaintiff, and J Defendant. Interrogatories to be administered, 8cc. 1st. [Knowledge of parties.] 2d. Whether or no were you employed, on, 8cc. as auctioneer, at the sale of a certain copyhold estate which had belonged to the late S. C, late of, Sec. inn- holder ? If yea, in how many lots was the estate sold, and who was the purchaser at such sale of lots and , and at what prices? Look upon the printed paper, now, 8cc. marked with the letter M. Whether or no is the same one of the copies of the particular aiid condition of the said sale; and were the said lots and |)urchased subject to such particular and condition ? And if yea, what was the amount of half the auction duty on the said lots and ; and what was the appraised value of the fixtures which were to be taken by the purchaser of lot , and at what sum was the timber on lot valued .'' Set forth, &:c. od. Whether or no were you, at any time or times, and when after, &c. present at any conversation or con- versations between the said Complainant and the said Defendant, as to whom the said Complainant was to consider as the purchaser of lots and , part of the estate of the late S. C, being the premises in the pleadings in this cause mentioned.'' If yea, set forth all and every the particulars of such conversation or conversations, and what was said therein both by the said Complainant and the said Defendant respectively ; and when, and where, and in whose presence and hearing, and upon what occasion or occasions, all and I 1 2 every 454 INTERROGATORIES. every sucli conversation or conversations took place ? Set forth, &c. 4lh. Whether or no were you present when the said Complainant deliveied to Mr. K. tlie possession of the premises, in the pleadings in this cause mentioned ? If yea, set forth the particulars of what passed upon that occasion, and what was said thereupon by ihe said Complainant to the said Mr. K. Set forth, &c. 5th. Whether or no were you, at any time present, when the said Defendant made any application or re- quest to the said Complainant, to give him time to pay the purchase-money of the premises, in the pleadings mentioned? If yea, set forth the particulars of such ap- plication and request, and when the same was made ; and whether or no, after the said Mr. K. was in pos- session of the said premises. Set forth, Sec. 6th. Whether or no did you ever, and when, hear the said Mr. K. make any, and what declaration, and to %vhom, as to his having or not employed the said Defendant to purchase for him, of the said Complain- ant, the premises in the pleadings in this cause men- tioned? Set forth, Sec. Lastly. Do you know of any other matter or thing. Sec. Interrogatories to prove Misrepresentation upon the Sale of an Estate as to the Right oj' Free-bench. In Chancery. Interrogatories to be administered, Sec. (the usual title.) On the pan and behalf of the Complainant, as follows : 1st. [Knowledge of the parties.] To prot€ in- 2d. A\ hell.er or no was you, in and before the month structions criven of , employed by the Defendant lord A., in any and to a person ziith what capacity, as to the manor of K. in the county of respect to the S. and tiie messuages, Sec. of the said Defendant, in the Tsidom' rights. parish of K. and whether or no had yuu, in and before the said month of , and when, any, and what in- structions, from the said Defendant loid A. or from aii> person or persons, and whom, as his agent or agents. on his behalf, to shew the said manor, and the said estates of the said lord A. in the parish, to persons who should desire to view the same, previous to the intended sale thereof; and whether or no had you then, or at any other time, and when, any and what instructions from the said Defendant lord A. or from any person or pel sons, and whom, as his agent or agents, or on his behalf, as to the customary rights of widows in the copyhold estates of the said manor of K. or as to the information INTERROGATORIES, 485 ^4^ to irifor- mntion given to Plaintiff. j4$ to the re- fusul to deliver up laud upon the death of a person. As to what passed at the sale, as to the declaration of .selling that estate as it was. information that you was to give respecting such cos- toniary riglit of widows to persons wlio should apply to view the said manor and estates previous to the said intended sale ? Declare, &r. Sd. Whether or no did the said Complainant, at any- time, and when, apply to you, as the agent of the Defendant lord A. to view the said manor and estates of K. and whether or no did the said Complainant, at any time, and when, make any, and what inquiry of you, as to the customary rights of widows in the copyhold estates of the said manor ; and what infor- mation did you thereupon give to the said Complain- ant, with respect thereto ? And Avhether or no did the said Complainant niake any, and what enquiry, of you, as to the widowhood, or the copyhold land, which the said manor of which one G. S. was tenant, and what answer did you give to such inquiry ? And whether or no did you state, that you had orders from any person, and whom, to take possession of the said land, upon the death of any person, and whom ? And did you say any thing, and what, as to the state of health of such per- son ? Set forth, &c. 4th, Whether or no did you know R. H. the re- newing life, in the copy of the said land of which the said G. S. was tenant ? And when did the said R. H. as you know, or for any, and what reason believe ? Whether or no did you, upon the death of the said R. FJ., and when, give any, and what iiiformation, to the said Complainant, and for what reason i' And whe- ther or no did yoU; and when, after the death of the said R. H., 'i'v/J by whose mstruction, and on whose behalf, apply to the said G, S. to deliver up the possession of the said land, aitd for '.vhai, reason did the said G. S. refuse to doJiver up svxh. r«os- session? And is the widow oi ihe said K. H. lio'V living, and what is her age, and what is her state of health ; and what is the annual value of tlie said land ? Set forth, &c. 5th. Whether or no was you present at G.'s cofF-^e- house, in the city of L. on the day of , at and before the sale of the manor and lands of L. in ihe pleadings in this cause mentioned ? Whether or no was it proposed by any person, and whom, and on whose part, to add any, and what condition, to ihe j-articulars of sale, with respect to any life upon the said estates, which might drop before the completion of the pur- chase, and what passed thereupon, and between whom, and what was settled ai»d declared, and by whom, with respect thereto ; and whether or no wai- 'h: •o, at or previous to the said sule, any declaiations u-:»de, and by whom, " that it was to be understood bv :;tl persons who chose to bid for the estate, that the sale should proceed 486 INTERROGATORIES. proceed in the manner most disadvantageous to tiic interest of tlie seller, with respect to a widow's right/' or to any such, and what eftect? Set forth, &.c. j4s to what 6th. Whether or no did the auctioneer, previous to the passed at the biddings at the said sale, make any and what observa- sa/e, with re- tions as to the custom of the said manor of K. with sped to the right respect to widowhood, and what passed thereupon; oj widowhood. and w hether or no did the said Complainant then make any, and what enquiry, and of whom, as to such right of widowhood, and any and what ir.quiry, as to the widowhood, or any and what particular parcel of land within the said manor, and what answers did the said ^. Complainant receive to such inquiries, and from whom, and what declarations were thereupon made, and by whom, as to the customary rights of widows within the said manors, or as to the right of widowhood, in any and what particular parcels of land within the said manor ; and whether or no did any person, and whom, and by whose direction, write any thing, and what, upon one of the printed particulars of sale, against any and what parcel of land described therein? And did any person, and whom, afterwards, deliver to you, and in what character, and for what reason, the said printed particular of sale, which was so written upon ? Look upon the paper now produced by or to you at this the time of your examination, marked with the letter A. Whether is the said produced paper the printed particular which was so written upon and deli- vered to you as aforesaid, of whose hand-writing are the following written words, in the said produced paper— '* The widowhood has been enjoyed as you know, or for any, and what reason, believe t Set forth, &c. For the eia- 7th. Look upon the paper now produced to you at mination of a this the time of your examination, marked with the zsif?iess to prove letter A. Of whose hand-writing are the following writ- uhoseha/id- ten words, in such paper — *' The widowhood has been zcriting the enjoyed," as you know or believe ? And have you seen nordsare, such person write, or by what other means are you ** The zcidow- acquainted with his character and manner of hand- hood has been w riting ? Declare, &ic. enjoi/ed." 'Jo prove 8th. Look upon the paper-writings now produced and copies of all shewn unto you at this the time of your examination, the entries in marked w iih the letter B., &c. (add as nuuiy letters as the court rolls there are entries). Whether or no did you, at any respecting the time, and when, and where, examine the same with any right oj'-icidow- entries thereof, made in any and what court rolls of the huod. manor of K , in the pleadings in this cause mentioned; and wheilitr or no arc the same true copies of such en- tries? Declare, &.c, 9th. Have INTERROGATORIES. 487 To prove the Q\\i. Have you, for any time, and how long, known reputed custom the manor of K. in the county of S , in the pleadings of the manor as in this cause mentioned ? What, as you know, and for to widozehoocls. any and what reason believe, is the custom of the said manor, as to the rights of a widow or widows, upon a grant by copy of lands within the said manor for three hves ; and whether or no have you ever heard any thing, and what, as to such custom, from any person or pes- sons, and whom, who are now dead ? Set forth, &c. Lastly. [The usual interrogatory,] Opinion. — It being admitted in the answer of the Defendant lord A., that there are other lands besides No. which may be affected by the question as to the widows' right, it is most adviseable for the Plaintiff to enter into evidence Respecting such other lands, but he will be entitled to an enquiry as to the compensation to be made to hina with respect to such other lands, if he succeeds in the geaerai question. in 48d INTERROGATORIES. J5 a s es c/5 H 1-4 C/3 * If not, then set forth, in manner aforesaid, a full, true, and particular account of all and every sums and sum of money, securities for money, arrears of rents, goods, chattels, personal estate and effects whatsoever, of or belonging to the said late Defendant H. B. at the time of his death, with the kinds, qualities, natures, true and real values therecjf respectively; and also set forth a full, true, and particular account of all such parts thereof as have been possessed, received, or come to the liands of you the said now Defendant R. B. as his executor, with the times when and how, and of whom you have possessed or received the same, and what part or parts thereof, if any, now remain outstanding. Inquiry as to Intestaft's Estate and Effects, and Honey laid out upon /i/s Account. Between P. widow, .... Plaintiff, and T. P. . • . . . Defendant. Interrogatories exhibited, Sic (before the Master, 8^c.) as before. 1st. Interrogatory. 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 per- sonal estate and effects, other than and besides, and exclusive of his part, share, or interest in the co-part- nership trade and business, in the pleadhigs in this cause mentioned, and the stock and effects belonging thereto? If yea, set forth a full, true, and particular inventory and account thereof, and all the particulars whereof the same consisted, and the full, true and ut- most values thereof, and all the particulars thereof >vhich $06 INTERROGATORIES. wliicli were possessed by you, or any, and which of yoa^ 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 hfe time, and huw, and in what manner the same were, and have been applied or disposed of. And also an account of all, and every sums and «uni of money received by sale, or on account of the said iiitestate's personal estate and effects, other than, and indi pendant, or distinct from his share, interest, or concern, in the co-partnership trade or business, in the pleadings in these cajises mentioned, or the stocks or effecis belong- ing thereto, or otherwise on account of his said sepa/ate personal estate and effects of the said intestate, and when, by whom, and of whom, for what, and on what ac- count or accounts the same, and every part were or was so received ; and whether any and what part or parti- culars >of the said separate personal estate and effects of the sajd intestate remains or remain outstanding or un- received. 2d. Whether or no was the said intestate R. P. at the time of his death, separately indebted to any per- sons or person besides, or exclusive of the debts owing from him as a partner in the aforesaid co-partnership 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 life-time, pay, lay out, or expend any, and what sums or sum of money, in or towards discharging of all, or any, and which (;f such debts, or of the funeral expenses of the said intestate R. P. i If yea, set forth a full, just, true, and particular account of all, and every such sums or sum 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. Inlerrogatorif to prore ivhcilwy a Person was empowered to let the Kstates in question, and to receive the Rents, i^c. Imjuiry as to the Particulars, Rcnta/j what Money receivedy t^'c. Whether or no was you, in the life-time of the said Testator 'J\ D. aud for how long before his death, em- powered INTERROGATORIES. 507 powered by hini, or any other person, and whom, to let and sell all, or any, and what part of the freehold and leasehold estates of the said Testator, and to receive the rents and profits thereof; or do you otherwise, and how, know of what freehold or leasehold estates the said Testator died seized, or possessed of, or entitled unto ? If yea, set forth a full, true, and just rental, de- scription, and particular thereof, and where the same, and every part thereof is situate, and the yearly value of f^''^ each particular thereof, and in whose tenure or occu- pation the same, and every part thereof then was, or since has been, and now is, and under what leases or terms of years, if any, and at what yearly or other rent or rents. And set forth for how hjng time you have been in possession or receipt of the rents and profits of such freehold and leasehold estates, or any, and ;;"';■ what part thereof, and by what right or title, and for whose use. And also set forth a full, true, and parti- cular account of all, and every sum and sums of money which hath been received by you or any other person or persons by your order, or for 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 said Testator, and what, and by whom, and for whose use, and for what rent, and of 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 and profits are now in arrear, and if so, why. And also set forth a full, true, and par- ticular account of all, and every the sum and sums of money which have or hath been from time to time paid and disbursed by you since the death of the said Tes- tator, for or on account of the said freehold and lease- hold estates of the said Testator, and when, and to whom, and for what, all, and every .such sums were re- spectively paid and disbursed. Set forth, &.c. Interrogatories before a Master as to what the Property of a Lunatic consists. 1st. Interrogatory. 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 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 ofhisfalher^ and the nature, quantities, and quahties thereof. 508 INTERROGATORIES. thereof, and where the same, and every 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 have been, or 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 otherwise. 2d. Have not you, or some person or persons, and whom, by your order, or to your use since the death of the father of the said lunatic, been in possession or re- ceipt of the rents and profits of the real estates to w hich the said lunatic became entitled at the death of his father thereof, 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 any person or persons by your order, or to your use, for, or in respect of the rents and profits of the said estate, 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 disposed 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 outgoings. 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 w ere the same ne- cessary, and such as the tenant of the said several pre- mises 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 life-time, as you have incurred since his death ? and if not, m hy ? And whether or no, is it a prudent course of management to let the said estates upon such terms that the tenants have a right to require such repairs, and might not the same have been let on repairing leases or otherwise, upon terms more advantageous to the landlord ? And would you have let the said estates 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, or some, and what pait of the said estate, and for what reason ? In INTERROGATORIES. 509 Interrogatories for the Examination of Witnesses hefort the Master, relating to the Estates of the Testator., and also to the Title Deeds. Between T. H. and S. his wife . Complainants, and H. J. and others . . . Defendants. Interrogatories exhibited on behalf of the said Com- plainants, before A. P. esq. one, &.C. {the usual title), for the examination of witnesses. 1st. Interrogatory. Whether or no, as you, for any, and what reason, know or believe, was A. B. the Tes- tator in the pleadings of this cause named, at the time of his death seized of, or otherwise, and how, entitled to, or in any and what manner inteiestedin any, and what freehold and copyhold estates, and in particular had he any, and what interest in a certain estate called P. in the parish of K. in the county of M. ? Set forth a full, true, and just description and particu- lar of all, and every the freehold or copyhold estates which the said Testator was seized 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 occupation the same, and every part 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 custody or power, any deeds or deed, in- struments or instrument, papers or paper, writings or writing, belonging, or in any manner relating to any, and wliat freehold or copyhold estate, of which the said Testator was seized of, or entitled to, or interested in, at the lime of his death, and in particular relating io the said estate called P. or to a certain messuage, lands, and premises, situate in the paiish of B. in the said county of M. called L. in the occupation of D. H. or to another messuage, lands, and premises in the said parish of B. called T. P., in the occu- pation 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. i Set forth a list or schedule of all and every such deeds or deed, instruments or instrument, papers or paper, writings or writing ; and set forth wliat is become of such thereof as were, but are not now, in your cus- tody or power ; and set forth also whether any per- son or persons, and whom in particular as you know, i or 510 INTERROGATORIES. or for any and what reason believe, has, or have now, or has or have at any time, and when, liad in liis, 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. Interrogatories for the E.vmn'uiation of E.vecutoi^s before the Master J after the Hearing. Between A. B Plaintiff, and CD Defendant. Interrogatories exhibited on behalf of the said Plain- tiff, before T. E. esq. one of the Masters of this honorable Court, for the examination of the De- fendants, pursuant to the decree made in this cause, bearing date the Account of Whether or no was D. W. deceased, in the pleadings personah. of this cause named, at the time of his death, possessed of, entitled to, or interested in any and what, goods, chattels, personal estate and effects, as you know, or for any and what reason believe ? If yea, set forth a full, true, and just inventory and account thereof, and of every part thereof, and of all the particulars whereof the same consisted, and the quantities, qualities, full, real, and true valuations of all such particulars. And whether or no were all, or any, and which of such par- ticulars, and to what amount and value, possessed or received by, or come to the hands or use of you, or one, and which of you, or any and what, persons or person, by the order, or for the use of you, or one and which of you, and how, and in what manner, and w hen, and where, and by whom, and for how much have the same, and every, or any, and what part tiiereof been sold and disposed of? And whether any and what parts thereof, and to what value and amount now re- main undisposed of, and what are become thereof? Debts due to AN'hether or no were any and what sums of money due Testator. ov owing to the said D. \V. at the lime of his death? If yea, ^et 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 INTERROGATORIES. 511 interest or not, and at what rate, and how much was due for interest thereof respectively at the time of his death ; and also a full, true, and just account of all and every smns and sum of money from time to time re- ceived by, or by the order of, or for the use of you, or either of you, in or towards discharge of such debts, or either of them, or the iuteiest thereof, or of any of them since the death of the said I). VV. and when, and by whom, and for whose use, and for what, all and every such sums were respectively received ; and what sums or«um of money still remain due in respect thereof, or of the interest thereof, or of any of them, and from whom, and why such sums have not been gotten in and received, and where the persons from whom the same are respectively due live and reside ; and whether the same, or any and which of them, are, or are reputed to be, respectively separate and apart ; set forth all the matters aforesaid, according to the best of your re- spective knowledge, remembrance, information, and belief. Account of Whether or no was the said D. W., at the time of debts oxcing by his death, indebted to any, and what persons or person, Testator. in any and what sums or sum of money ? If yea, set forth a particular account of all and every the debts whatsoever which were tlien justly due and owing from him, and to whom, and for what, and on what security (if any) the sanie were respectively due; and whether any, and what sums or sum of money have or hath been since paid by you in or towards discharge of all or any, and w hich of such debts, and when, and to whom, and for what; and whether any, and what sums or sum of money do or doth now remain unpaid on Funeral ex- account thereof. Whether or no were any and what penses and other sums or sum of money paid and disbursed by you, for charges paid or on account of the funeral expenses and debts of the bi/ executors, 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 respectively paid .'' Set forth, &c. Another form. Whether or no, as you know, or for any and what reason believe, was any and what part of the per- sonal estate of the said Testator possessed and re- ceived by I. Ti. in the pleadings in this cause named, in his life-time, or by E. B. W. H. and G. B. the executrix and executors of the said I. B. after his death; or did the said 1, B. or the said E. B. W. II. and G. B. make any and what payments in respect of the funeral expenses and debts of the said Testator 1. L. or other- wise, in relation to his estate, and when, and to whom, and for what were all and every such payments made ? 612 IXTERROGATORIES. As to the Whether or no was the said Testator, at the tunc of leasehold pro- his death, possessed of or entitled to any leasehold pro- perti/ and stuck perty ? If yea, set forth the particulars of which the ill trade, same consisted, and where the same and every part thereof was sitnate, and from whom, and for what term or terms of years, and under what yearly or other rent or rents the same and every part thereof was at the death of the 'J'estator, and at what rent or rents ; and vhelher any and what sums or sum of money have been received by you, or either of yon, in respect of such rent or rents, and w hen, and from whom, and for what rent respectively ; and whether or no, have you, or euher and which of you, sold any part of the said Tes- tator's leasehold property ? And if yea, when, and to whom, and for what was the same sold, and what sum or sums of money have been received by you, or ei her and Avhich of you, in respect of such sale, and wlien, and from whom, and for what were such sums or sum received, and w hat now remains due in respect of such sale, and why the same is outstanding and unpaid. And set forth also a full, true, and particular account of the stock in trade w hich the said Testator was possessed of, or entitled to, at iiis death, of what the same and every part thereof consisted, and what at the said Testator's death was the full and true vahie of each and every ])art thereof. And set forth also a full, true, an.-! parti- cular account of the monies produced by the sale of such stock in trade, and when, and to whom, and lor what the same and every part thereof was soul, or what became thereof. Set forth all and every, ^c. F.ii(j}iiri) as to personal Estate ajul Moneij arising bj/ Rents and Sale oj real EstatCy sijjce s^ircaring Ansxi ers. Hath not some, and what part of the personal estate and effects of II. W. esij. deceased, the Testator in the pleadings in this cause named, or of the produce of such j)ersonal estate, or of the money arising by sale of his real estate, or any part thereof, or in respect of the I cuts or piolils of his real estate, or of any part thereof, been possessed or received by, or come to the hands of yon, or one and which of you, since the nspective times of your respectivelv swearing to your respective answers t due ? And whether on any, and what securities cr security, and Whether carrying interest or not, and at what rate, and how much was due for interest thereof 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, or for the use of you, or either and which of you, in or to- wards the discharge of such debts, or either of them, or the interest thereof, or of any of them, since the death of the said J. B. and when and by whom, and for whose, and for what, all and every such sums were re- spectively 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 from whom; and why ijuch sums have not been gotten in and received, and where the persons from whom the same are respectively due, live and reside ; and whether the same, or any and which, are reputed to be respectively separate or apart ? Set forth, &c. jis to debts 3d. Whether or no was the said Testator, J. B., at f^ue» the time of his death, indebted to any and what persons or person, in any and what suujs or sum of money ? If yea, set forth a particular account of all and every the debts whatsoever, which were then justly due and ow- ing from him, and to whom, and for what, and on what security, if any, the same were respectively due, and whether carrying interest or not, and at w hat rate, and how much was due for interest thereof respectively, at the time of his death; and whether any and what sums or sum of money have or haih been since paid by you, or any or either, and which of you, in or towards dis- charge of all or any, and which of such debts, and when and to whom, and for what, and whether any aiid what sums or sum of money do, or doth now remain unpaid on account thereof!^ And set forth also a full and particular account of all and every other the sums or sum of money which have been, from time to time, really and actually paid by you, or any or either, and which of you, for or on account of the funeral expenses of the said Testator, J. B., or otherwise, in relation to hie 522 INTERROGATORIES. his estate, since his death, and when end by whom, and to whom, and tor what all and every such sums were respectively paid ? Set forth, &c. As to free- 4th. Whether or no was the said Testator, J. B., at hold and copy- the time of his death, seized or otherwise, and how en- hold estates, titled to any and what freehold and copyhold estates ? and the rents If yea, set forth a full, true, and just rental, description, and profits and particular thereof, and the number of acres thereof thereof. respectively, and where the same, and every part thereof, is situate, and the yearly values of each particular thereof, and ill whose tenure or occupation the same, and every part thereof, then was, or since has been, and now is, respectively, and under what leases or terms, if any, and at what yearly, or other rent or rents? And set forth also whether any and which of such estates, or any and what part thereof, have, since the death of the said Testator, J. B., been sold and disposed of, and when and where, and by and to whom, and for how much, every particular thereof hath been sold and disposed of, and whether at the full and utmost value thereof; and if not, why ; and how and in what maimer the money arising from the same hath been paid and applied ? And set forth also a full, true, and particular account of all and every sum and sums of money which hath, and have been, from time to time, received by you, or any or either, and which of you, by any other person or per- sons, by your, or any or either, and which of ,your or-- der, 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 Testator, or have since become due, and w hen and by whom, and from whom, and for what all and every such sum and sums were respectively received ? And whether any and which of such rents and profits are now in arrear ; and if so, why ? As to what 5th. Whether or no have you been paid, or in any man- money received ner satisfied any part of the principal money of £ for principal mentioned in the bond or obligation of T. B., the said and interest on Testator, bearing date. Sic. or any part of the interest bond. which hath accrued due thereon ? If yea, set forth the particulars 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. Tq INTERROGATORIES. 523 To prove the Identity of a Person under a Marriage . Settlement. Between A. W PlaintiflT. and CM Defendant. Interrogatories, &c. Ist. [Knowledge of the parties.] To prove birth 2d. Do you know, and from what circumstances, and baptism. when, and where the said Complainant A. W. was born and baptized ? If yea, set forth the time and place of her birth and baptism, and the reason of your knowledge therein, and who were her father and mo- ther, and where they usually resided at the respective times of the birth and baptism of the said Complain- ant, and what was their situation in life. Set forth, &,c. To prove re- 3d. Look upon the paper-writing now produced, gister of bap- &.c. Did you at any time, and when, and where, tism. carefully examine the same with any entry thereof made in the register book of any, and what parish or place ? If yea, whether or no is the same a true copy of such entry ? Declare, &c. To prove mar- 4th. Look upon the deed or writing now produced, riage settle- &;c. Whether or no was such deed or writing at any ment. 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 delivery thereof, by such person or persons i And is your name, indorsed and set as a subscribing witness thereto, of your proper hand-writing ? Declare, &c. To prove deed 5th. Look upon the bond or paper-writing now pro- or bond. duced, &,c. Whether or no was the said produced writing at any time, and when, signed, sealed, and de- livered, or in any and what manner executed by anj person, and whom, in your presence ? And is your name, set and subscribed as a witness thereto, of your proper hand- writing ; or whether or no were you ac- quainted with any person or persons whose name or i»ames 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 person or persons write, or were you by any, and what other means acquainted with the character or manner of hand-writing of such person 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, her, or their proper hand-writing? And whether or no is or are such person or persons now living or dead ? And if dead, w hen, ov where did he, she, or they die, as for any, and what reason, know or believe .'' Set forth, 8cc. Lastly. [The general and usual interrogatory.] To 524 INTERROGATORIES. In the Exchc{|uer. To prove xvhat Issue arc alivCj and xvhat Estate the Tes- tator had. Between, &c. Interrogatories exhibited, &c. 1st. Interrogatory. Whether or no did you know S. J., the nephew of the Testator VV. G., in the plead> ings of this cause named, and for how long did you know him, and was he living or dead at the time of the death of the said Testator ? And if dead, when, and where did he die, as you know or believe ? Dechue, Sec, 2d. Whether or no do you know, and for how long have you known the Defendant J. P. the sister of the said Testator W. G., and her family r Whether or no were there any, and what children of the said Defend- ant J. P. living at the time of the death of the said Testator ; and when did ths said Testator die, and which of such children are now^ living, and what are their respective ages, and if any, or either of them has died since the Testator, and when did he, she, or they die ? Declare, &,c. 3d. Whether or no was the said Testator W. G., at the time of making his will, in the pleadings of this cause set forth, or at his death, seized of, or otherwise enlilled to, or interested in any, and what freehold estates? If yea, set forth a full, true, and just descrip- tion and particular of all and every such freehold es- tates, and what interest he had therein respectively, dis- tinguishing such of them, if any, as he acquired after ihe making of his aforesaid will. 4th. \\ hat interest had the said Testator, at the time of his death, in the messuage or dwelling-house de- scribed, in his will, to be situate in M. street, within the village of, Sec? (set forth the particnlars at large.) 5th. What interest had the said Testator, at the time of his death, in the messuage or dwelling-house, with the field and appurtenances in, Sec. described in his said A\ill to be in his own tenure? Set forth, Sec. Observations. — I should have thought that the remembrancer would have permitted these several f.xts to be ascertained by atiidavits, which would be mfinitely less expensive, and more expeditious, than a proceeding by interrogatories and commission. It will oe tht otHce of the Defendants to file the interrogatories for the cxamiuation of the Plaintiff as to the personal estate of the Testator. Interrogatories INTERROGATORIES. 525 Interrogatories in a Tithe Cause as to the Vicar ; Mo- duses or Sums of Money paid in lieu oj Tithes. Interrogatories, &,c. wherein D. C. is Complainant, and T. W. and L. W. are Defendants. On the part of the Complainant. 1st. Interrogatory. Do you know the parties Complain- ant and Defendants, in the title of these interrogatories \ named, or any, or either, and which of them, and how long have you known them respectively ? And do you know the vicarage and parish of C, in the county of VV., and chapehy of N. L., in the same county ? Is, or is not the said chapehy annexed to the said vicarage or parish, or is the same reputed so to be, and how long time hath the same been, or been reputed so to have been ? Declare, &.C. 2d. Was not the Complainant, at or about any, and what time admitted, instituted, and inducted into the said vicarage of C. with the said chapehy of N. L. annexed, or how otherwise ? And hath he, or not, been during all, or any, and what part of the time since such time vicar of the said parish and chapehy t Hath he, or not, during all, or any, and what part of the time, acted or officiated as vicar of the said parish or chapeiry ? Declare, &c. 3d. Who is, or are reputed to be rector or rectors of the said parish of C, and of the said chapehy of N. L. ? Who is, or are, or who is, or are reputed to be entitled to the tithes of all kind of tilheable matters and things, other than corn, grain, and hay, arising from lands within the said pansh or chapelry, or the satisfaction for the same ? Whether the rector or the vicar of the said parish, &c. have the tithes of all, or any, and which of the several kinds of tnheable matters and things other than corn, grain, or hay, have been from time to time delivered to one, or which of them, the vicar or rector aforesaid, m particular, hath satis- faction for the same been from time to time paid ; or is it reputed that such tithes have been delivered, or that such satisfaction hath been made ? Declare, &c. 4th. Whether or no have you for any, and how long time lived within, or near, and how near to the said vicarage or parish of C, or the said chapelry of N. L. ? Have," or hath not the Defendants, or any, or either, and which of them, during all, or any, and what part of the time, since the month of , occupied any, and what lands, situate or lying within the said vicarage or pansh of C, or of the said chapelry of 52G INTERROGATORIES. N. L., and of which of them in particular? Have yott or not for any, and how long time known all, or any, and which of such lands? If yea, set forth and describe the particulars thereof so occupied by each of them. Declare, &c. 5th. Whether are the tithes payable in kind, or re- puted to be payal)le in kind, of, or for all, or any, and what kinds of titheable malters and things, other than corn, grain, and hay, arising on and from all, or any, and which of the lands in the occupation of the De- fendants T. W. and L. W., or either, and which of them, within the said parish of C, or the said chapelry of N. L. ; or is, or are any, and what certain or other sums or sum of money payable, or reputed to be pay- able, by the owners or occupiers of all, or any, and which of such lands, and when, and to whom, and in what manner, for, or in lieu of the tithes of all, or any, and what kind of titheable matters and things, arising on, or from all, or any, and which of such lands ? If any such sums or sum of money is, or are so payable, or. reputed to be payable, for, or in lieu of the tithes of all, or any titheable matters or things arising on, or from all, or any of such lands r* How long hath, or have the same, or is it reputed that the same hath, or have been payable ? Have you, or not, &c. 6th. Whether or no hath, or have any, and what yearly, or other sums or sum of money been constantly^ or otherwise, and how from time to time paid by the owner or occupier of all, or any, and which of the lands in the occupation of the Defendants T. W. and L. W., or either, and which of them, situate or lying within the said parish or chapelry, and to whom, and for whose use, and for how long time, for, or in lieu of the tithes of, or for any, and what kinds of the titheable matters and things, other than corn, grain, and hay, which have arisen on, or from all, or any, and which of such lauds? If yea, under what name or names, denomination or denominations, hath, or have each, and every, or any, or cither, and which of such payments, been from time to time made and accepted, and in general considered as made and accepted, Avhereas an ancient established certain and invariable modus or moduses, and as being due, and having been j)a}able from time whereof the memory of man is not to the contrary, and as the full and whole of what the vicar of the said parish was, by any means, demanded, for or in lieu of tithes of such titheable niatlt IS and things respectively, arising on such lands respectively, or as temporary conipositions only, oi under particular agreements from time to time made wilU INTERROGATORIES. 527 with the vicar of the said parish for the time being ? Hath, or have, or not, tithes been dielivererl, or is it reputed in the said parisli or chapelry, or tlie neigh- bourhood thereof, that tithes have been delivered in kind, and how often, and when, and about what times or tinie, and by whom, and to whom, and from whom, of, or for all, or any, and what kinds of titheable matters and things, other than corn, grain, and hay, which arose on, or from all, or any, and which of such lands ? Have or not the sums or sum of money which have, or hath been from time to time paid for or in lieu of the tithe of all, or any, and which of such mat- ters or things, other than corn, grain, and hay, arising on or from all, or any, and which of such lands, been at any, and what time or times, and how often, and in what manner, and on what occasion, altered or varied ? Have you or not. Sec. ^ 7th, Whether or no are the whole, or any, and what parts of the lands lying with the said chapelry of N. L., commonly called oxgangs of land, or divided into ox- gangs, or estimated, with respect to their quantity, as being any particular number of oxgangs ; or is the term oxgang otherwise, and how made use of or ap- plied to all, or any, and which of such lands ? Whe- ther are the tithes payable in kind, or reputed to be payable kind, of, or for all, or any, and what kinds of titheable matters and things, other than corn, grain, and hay, arising on, or from all, or any, and which of the lands lying within the chapelry of N. L., which are commonly called oxgangs, and which are generally estimated by nmnber of oxgangs, or to which the term oxgang is generally applu^d ; or is, or are any, and what certain or other sums or sum of money, Sic? (take tlic 5th interrogatoiy from these zcords to the emi.) Bth. Whether or no hath, or have any, and what yearly or other sum or sums of money after any, and what particular rate per oxgang, or by any, and what other particular quantity, or how otherwise, been con- stantly, or otherwise, and how, from time to time, paid by the owners of all, or any part, which of the lands in the said chapelry of N. L. which are com- monly called oxgangs, or which are generally esti- mated by number of oxgangs, or to which tiie term oxgang is generally applied, and to whom, or tor whose, &c. I (take the 6th interrogatorj/ from these words to the end.) Interrogatories 528 IN TERROGATORTES. Interrogatories to prove an Agreement to receive a cer^ tain Sum in lieu oj Tithes. Interrogatories to be administered towitnesses, to be produced, sworn, and examined in a certain cause now dependmg in the High Court of Chancery, w herein T. L., esq. is Complainant, and F. H. V. is Defendant. To prove the signing of the agreement in , and un- der nhat cir- cumstances. On the part and behalf of the Complainant, as follows : 1st. [Knowledge of the parties.] 2d, Look at the paper-writing, or agreement, no\t produced and shewn to you at this the time of your examination, marked with the letter A. Whether or no is your name, appearing to be set and subscribed thereto for the said Defendant, of your proper hand- writing? If yea, when did you set and subscribe the same thereto r And whether or no had you the instruc- tion or direction of the said Defendant to sign such paper, or any such paper, or to make any such agree- ment, or anv other, and what agreement with the said Complainant respecting the said tithes? Or did you at any time, and when, previously inform him, or inti- mate to him, that you would, on 'nis part, sign such paper, or make any agreement to any such, and what effect, with the said Complainaiit ; and did he approve of such your intention, or bow otherwise ? Or did you at any time, and when, fir.«,t afterwards inform him, or in any, and what manoer intimate to him, that you had signed such paper, or made such agreement, or any agreement to any such eti'ect with the said Com- plainant ? And did he approve thereof, or how other- wise ; or by what authority, and with what intention, did you so sign or subscribe the said paper-writing, or agreement r Set forih. Sec. 3d. \\ hether or no did you ever, and when, pay to the said Complainant any, and what sum or sums of money in respect of the tithes of the said Defendant in a^rent for the tlie parish of 15., for the years and , or either, Defendant, for and which of such years? And w-'heiher or no by the the tithes of instruction or direction of the said Defendant, or how and , and otherwise ? And whether or no did vou, at the time of such payment or payments, or any of them, or at any other time or times, and when, request '>y app'y *cv lh« said Complainant to admit the said Defendant, for the year , into tiie annual agreement that the' said Com- plainant was in the practice of making with .^i»e occu- pieis of land in the said parish of B., or sc"'^'*^ o» tliem, by way of ccmiposition for their tithes in She taid parish, or male any request or application to an"" such. To prove the payntenls made by Mr. G. as the request made by Mr. G., on the part of' the Defend- ant, to be ad- mitted into the Vsual annual agreement . Interrogatories. 529 V such and what effect ; and m helhcr or no did you make such request or application by the instruction or direction of the said Defendant, or did you previously inform him, or intimate to him that you would make such request or application on his part, or did you at any time, and when, first afterwards inform him thereof, and did he approve thereof, or how otherwise ? Set forth, Sec. To prove the 4ih. This interrogatory the same as the second, ex- signi/ig of the cept as to dates. agreeme/itjur the year , and under zchat cucuinstances. 2 prove the 5th. Whether or no did you, at any time or tinles, ■pai/ment by and when respectively, pay to the said Complainant the Mr. G., of the sums which became due from the said Defendant foi composition his tithes in the said parish of B., for the years for the years and , or either and which of them; and whether or and , no was or were the sum or sums so paid by you com- accordtng to puted according to the said paper writings and agree- the written ments marked A. and B., or either and which of them, iigreements. as you, for any and what reason, know or believe ; and whether or no did you make such payment or payments by any draft or drafts of the said Defendant, or in what other manner ; and iwhether or no with the monies of the sa^d Defendant; and whether or no, by his instruc- tions or directions, or with his knowledge and appro- bation, or how otherwise ? Set forth, &c. To prove 6th. Whether or no did the said Complainant, at the 1? laintiff' told time you made the payment of the tithes of the said Mr. G., at the Defendant, for the year , request you to inform md of , the said Defendant that he would not permit you to that he would sign, on his part, the annual agreement for the year not renew the , but that the said Defendant must set out hi« agreement with tithes in kind, or to any such and what effect ; and the Defendant whether or no did you so inform the said Defendant ; for the co7npo- and if not, why ? Set forth, &c. sit ion. Lastly. [The common and usual interrogatory.] Interrogatories to ascertain variousTitheable Matters^ S^c„ Between T. H. F. ... Plaintiff, Defendants. To ascertain if the Defend- and T. P. and others. Interrogatories exhibited on behalf of the Com- plainant, before, Sec. (the usual title.) 1st. Interrogatory. W'^hether or no did any, or either and which of you, at any time between the mouth of , i30 INTERROGATORIES. ants occupied and the day of , hold and occupy any lands withid other lands be- the rectory and parish of B. R., in the county of E., 'sides those spe- in the pleadings of this cause mentioned, or the tithe- cified in the able places thereof, other than the several lands which decree, and the in the decree made in this caohC aie mentioned to be quantities of in your respective occupations, and which are herein- those lands so after stated ; that is to say, the lands called, &c. in the specifiid the said decree slated to be ni the occh| ation of the De- timeofjiliu^ fendant, T. P. ? If yea, set forth respectively a full, the bill, tiue, and particular account and description of all such other lands, and when and for how long respectively between the times aforesaid, the same were so held and occupied by you, and the quantities thereof respec- tively ? And set forth also a full, true, and particular account of the respective quantities of the said several lands mentioned in the said decree, to be respective^ occupied by you. To ascertain 2d. Set forth a full, true, and particular account of the produce the purpose and purposes to which all and every the gro7cn upon the lands mentioned in the said decree, and hereinbefore lands in the oc- specified, and all other the lands in the said rectory and cnpation of the parish, and the titheable places thereof, which have Defendants, been held and occupied by you respectively, between and the value the times aforesaid, have in each year, between the thereof. said times, been respectively applied in cultivation. And also a full, true, and particular account of all and every the quantities and qualities of the wheat, barley, oats, peas, beans, and oilier grain and hay, and hay- grass, hemp, flax, and other produce whatsoever, which have, in each of the said years, been reaped, cut, had, taken, and carried away from all asd every the aforesaid lands respectively, and the true and utmost values thereof respectively in each of the said years, distin- guishing particularly between the produce of the afore- said lands specified in the said decree, and tlie other lands occupied by you respectively within the said rec- tory and parish, and the titheable places thereof. To ascertain 3d. Set forth a full, true, and particular account of the quantities the number of ewes, and other sheep, w hich in each of of Tiuo! and the years between the times aforesaid, have been kept lambs. and depastured on the said several lands mentioned m the said decree, and heitinbefore specified, and on all other lands within the said rectory and parish, and the titheable places thereof, which have been held and oc- cupied by you respectively, between the limes afore- said. And also a lull, true, and particular account of the number of such ewes, and other sheep, which have, J, in each of the said years, been shorn, and produced lambs, and the quantities of wool and the number of lambs which such ewes and other sheep have, in each of such years, yielded, and the true and utmost values of IXTERROGATORIES. 531 of such wool and lambs respectively, distinguishing, as in the last interrogatory mentioned, between the lands specified as aforesaid in the said decree, and the other lands occupied by you respectively within the said rectory and parish, and the titheable places thereof. To ascertain 4th. Set forth a full, true, and particular account of the number- of the number of sheep not producing lambs or wool in barren and un- the said rectory or parish, or kept alter shearing time, profitable cat- and of the number and kinds of all other barren and t/e depastured, unprofitable cattle whicli have, in each of the years, and the value between the times aforesaid, been kept, ft d, agisted, or o/" the agist- depastured on the said several lands mentioned in the inent. said decree, and hereinbefore specified, and on all other the lands within the said rectory and parish, and the tidieable places thereof, which have been held and occupied by you respectively, between the times aforesaif the Defend- cupied by you respectively, between the times afore- ant, and the said, have, in each year between the said times, been ralue thereof] respectively applied in cultivation. And also a full, true, and particular account of all and every the quantities and qualities of the wheat, barley, oats, peas, beans, and other grain, hay, and hay-grass, hemp, flax, and other produce whatsoever^ which have in each of the said years been reaped, cut, had, taken, or carried away from all and every the aforesaid lands respectively, and the true and utmost values thereof respectively in each of the said years, distinguishing particularly between the produce of the aforesaid lands specified in the said decree, and the other lands occupied by you respec- tively within the said rectory and parish, and the tithe- able places thereof. To ascertain 3d. Set forth a full, true, and particular account of ihe number of the number of ewes, and olhei- shcepj which in each sheep and lambs of the years between the times aforesaid, have been and qunntitij ^ept and depastured on the said several lands mcn- vf wool. tioned in the said df cree, and hereinbefore specified ; and on all other lands within the raid rectory and parish,^ and the titheable places thereof, which have been held and occupied by you respectively between the times aforesaid ; and also a full, true, and par- ticular account of the number of such ewes, and other sheep, which have, in each of the said years, been shorn, and have produced lambs ; and the quan- tities of wool, and the number of lambs whu:h such =ewes, and other sheep, have, in each of such years, yielded, and the true and utmost values of such wool '7' , . ^wd lambs respectively, distinguishing, as in the last interrogatorv 539 INTERROGATORIES, To ascertain the number of barren and tin- profitable eal- tle depastured, and the value of the agist- vtent. To ascertain the number of calves, colts, and pigs, and the guan titles of milk and ioney. To ascertain the quantify of garden stitffl and other fruit. fnterrogatory mentioned, between the lands specified as aforesaid in the said decree, and the other lands oc- cupied by you respectively, within the said rectory and parish, and the titheable places thereof. 4th. Set forth a full, true, and particular account of the number of sheep not producing lambs or wool, or kept after shearing time, and of the number and kinds of all other barren and unprofitable cattle which have, in each of the years between the times aforesaid, been kept, fed, agisted, or depastured on the several lands mentioned in the said decree, and hereinbefore speci- fied; and on all other the lands within the said rectory and parish, and the titheable places thereof, which have been held and occupied by you respectively, be- tween the times aforesaid, and for how long respec- tively such sheep and other cattle were so kept, fed, agisted, or depastured ; and also a full, true, and parr ticular account of the profits made by the agistment of such sheep and other cattle respeciively, so far as the same were agisted for hire, and of the value of the feed and agistment of such sheep, and other cattle respectively, distinguishing, as in the 3d interrogatory mentioned, between the said lands specified in the said decree, and the other lands occupied by you respec- tively, within the said rectory and parish, and the titheable places thereof. 5th. Set forth a full, true, and particular account of the number of cows producing calves or milk, and the number of mares producing colts, and the number of sows producing pigs, and the number of hives of bees, •which, in each of the years between the times aforesaid, have been kept by you respectively, on the several lands specified in the said decree, and on all other the lands occupied by you respectively, within the said rectory and parish, and the titheable places thereof, and the number of calves, colts, and pigs, and the quantities of milk and honey, which such cows, mares, sows, and bees, have, m each of the said years respectively, pro- duced, and the true and utmost values of the same re- spectively, distinguishing as aforesaid. 6th. Set forth a full, true, and particular account of the potatoes, turnips, and other garden stutf, and the apples, pears, cherries, plumbs, and other fruit, « hich, in each of the years between the times aforesaid, have been taken or gathered from the said several lands spe- cified in the said decree ; and all other the lands oc- cupied by you respectively within the said rectory and parish, and the titheable places thereof, and the true and utmost value of the same respectively, distinguish- ing as aforesaid, 7th. Whether INTERROGATORIES. SZ9 General in- 7th. Whether or no have you, or any, or either, and guir]/ after which of you, between the times aforesaid, had, or other titheable taken, any other titheable matters and things whalso- maticrs. ever, not hereii»before mentioned and inquired after, from the lands respectively occupied by you wiihin the said rectory and parish, and the titheable places thereof? If yea, set forth a full, true, and particular account of such other titheable matters and things which, in each of the said years between the times aforesaid, have been so had and taken by yojx respectively, and the true and utmost values thereof respectively, distinguishing as aforesaid. Last interrogatory. Interrogatories to prove Boutidaries of a Parish, a?id to xchat Parish Rates and Tithes have been paid. Interrogatories to be administered to W. W. a witness to be produced, sworn, and examined de bene esse, in a certain cause now depending in the High Court of Chancery, wherein A. B. is Complainant, and C. D. is Defendant, On the part of the Plaintiff. Tst. Interrogatory. Do you know, &c. To prove boiin- 2d. Whether or no do you, and how long have yoii, daries and divi' lived in the parish of W. in the county of , and sion of parishes, whether or no did you, at any time or times, and wJien, attend any and what public perambulations of the said parish ; or are you by any and what other means ac- quainted wilh the boundaries of the said parish, and in particular with the boundary or division between the said parish, and the parish of C. and how, and in « what manner is the said parish of W. divided from the said parish of C. ? Declare, &.c. To prove in 3d. Whether or no do you know, and for how long what parish the have you known two pieces of land, called the Forty lands are situ- Acres, which are now in the occupation of II. B. of ate,afid tozijhat the said parish of W. farmer? If yea, within what parish such parish are the said two pieces of land situate, as you lands have paid know, or for any and what reason or reasons, believe; poors rates, and whether or no, have you ever, and when, heard and tithes. from any person or persons, and whom, who are now dead, within what parish the said two pieces of land are situate ? and whether or no do you know to w hat parish the poors rales or tithes have been paid for the said two pie« es of land, and when, and by whom, and to whom f Declare, &c. Lastly. [Ihe usual interrogatory.] Different 64:0 JNTERIIOGATORIES. Different Intej'rogniories useful in Tithe Causes, To prove pay- 1st. Interrogatory. V/hether or no did you ever, and vientof money J when, pay to the said Complainant any, and what, sums a7id by zchose or sum of money, in respect of the tithes of the said direction. Defendant, in the parish of B. for the years , or , or either, and which of such years, and whether or no, by the instruction or direction of the said De- fendant, or how otherwise ; and whether or no did you, at the time of such payment or payments, or any of them, or at any other time or times, and when, re- quest or apply to the said Complainant, to admit the said Defendant for the year , into the annual agreement that the said Complainant was in the prac- tice of making with the occupiers of land in the parish of B. or some of them, by way of composition for their tithes in the said parish, or make any request or application to the said Complainant, to any such, and what effect ; and whether or no did you make such re- quest or application by the instruction or direction of the said Defendant, or did previously inform him, or intimate to him that you would make such request or application on his part, or did you, at any time, and when first afterwards inform him thereof, and did he approve thereof, or how otherwise ? Set forth. Sec. 2d. Whether or no did you, at any time or times, and when respectively, pay to the said Complainant, the sums which became due from the said Defendant for his tithes in the said parish of B. for the years and , or either, and which of them ; and whether or no, was, or were, tlie sum or sums so paid bv you, com.puted according to the said paper-writings and agreements marked A. and B. or either, and which of them, as you, for any and what reason, know or believe ; and whether or no did you make such pay- ment or payments by any draft or drafts of the said Defendant, or in what manner, and wliether or no, with the monies of the said Defendant; and whether or no by his instructions or directions, or with his knowledge or approbation or how otherwise r Set forth, Scc. Notice to sef •'^^d. Whether or no did the said Complainant, at the out tithes in time you made the payment for the tithes of the said kind. Defendant for the year , request you to inform the said Defendant tliat he could not permit you to sign, on his part, the annual agreement for the year , but that the said Defendant must set out his tithes in kind, or to any such, and what etlect, and whether or no did you so inform the said Defendant, and if not, why ? Set forth, &c. ' ' To To prove Khether money teas paid ac- cording to icritten agree- ment, and whether by drafts or other- zcise. INTERROGATORIES. 541 jf'o pfove that he has knozcn the parish of H. and the lands in ques- tion all his life. To prove that, as farmer or lessee, he z^as entitled, from to , to receive all such tithes, and all customary payments with- in, ^c. To prove, that during the time he was lessee, he received no tithes, and that he duly re- ceived the mo- dus. To prove that he was inform- ed, at the time he became far- mer, that there was a modus only payable for C. and that a book teas de- livered to him that mentioned this. 4th. Whether or no have you, for many years, and how long in piuticuhir, known the parish of B. in the county of C and certain lands there, called, &.c. situate within the townships of C. in the said parish of B. ? Declare, &c. 5th. Whether or no did you, at any time, and when, and under whom, and in what manner, become entitled, as farmer or lessee, or how otherwise, to have ajid re- ceive the small, or any and what tithes, arising, grow- ing, and renewing within the said parish of B. or any and what township thereof, and in particular within the said township of C. or to have or receive the nioduses or customary payments, made or rendered in lieu of tithes within tlie said parish, or any and what township thereof, and in particular within the said township of C. and for how long did you continue entitled, as such farmer, lessee, or otherwise, to such tithes, produce, or customary payments ? Declare, &c. Gth. Whether or no, during the time you M-as en- tilled, as such farmer, lessee, or otherwise, to the tithes, moduses, or customary payments, in the former inter- rogatory inquired after, did you, at any time or times, and when, receive any, and what tithes, and from whom, for or in respect of the said lands called, &c. or any and what part thereof, and if not, why ? And whether or no did you, during such time, of for any and what part thereof, and from whoin, receive any, and what modus, or yearly customary payment, or render, for or in lieu of all, or any, and which of the tithes arising, growing, or renewing, in and upon the said lands called C. or any and what part thereof, and at what period of the year was such mo- dus, or customary payment, or render, payable ? De- clare, &c. 7th. Whether or no, at the time you commenced such farmer or lessee of the said tithes, moduses, or customary payments, did you under:>tand, or was you informed by the person from whom you leased or farmed the same, or from the agent, or other person, with whom you treated for the same, or from any other person or persons, and whom, that the said lands, called C. paid any, and what modus or customary payment, or render, for or m lieu of all or any, and which of the tithes, arismg, growing, and renewing thereon ? And whether or no was any book or paper de- livered to you by any person, and whom, as instruc- tions for the collections of the said tithes or moduses, or customary payments, which were so leased to you ; and did the said book or paper make any, and what mention, of any modus or customary payment, for or 542 INTERROGATORIES. To prove that J dnring the time he zcas farmer, wo other person took tithes in kind, or any modus for the 9aid lauds. To prove the reputation that the lands are not titheable, and the quanti- ties and bound- tLries. To prove Iko receipts ntc?i- tiuned in letter. in lieu of all or any, and wliich of the tithes arising" from the said lands called C. ; and what hath become of the said book or paper, and when did you last see the same, and where ; and did such book or paper appear to have been anciently written, or how otherwise ? And what yearly rent did you pav, as such fanner or lessee of the said tithes, mod uses, or cus- tomary payments ; and whether or no, when you con- sented or agreed to pay such rent, did you consider that you were to be entitled, as such farmer or lessee, to any, and what tithes in kind, from the said lands called C. or only to some, and what, modus or customary payment ; and whether or no would you have agreed to give a large rent, as such farmer or lessee as aforesaid, if you had considered yourself to be entitled to the same tithes in kind from the said lands called C. as you had and received from the other lands in the parish of B. ? Declare, &c. 8th. Whether or no, during the time you was such farmer or lessee as aforesaid, were there any, and what, titheable matters and things arising, growing, and re- newing in and upon the lands called C. and whether or no, as you know, or for any, and what reason believe, did any person, and whom, and in what character, and for whom, ever, and when, have, or take, or demand, during the time you was such farmer or lessee as afore- said, any, and what tithes in kind, from the said lands, or any, and what part thereof, or an\ modus or cus- tomary payment in lieu thereof, other than yourself, 8cc? 9lh. Whether or no did you ever, and when, hear from any person or persons, and whom in particular, who is or are now dead, any thing respecting the said lands, called C. beinsc titheable or not titheable, for the great or siiiall tithes, or being subject or not subject to any, and what modus, or customary payment in lieu thereof? If yea, set forth the particulars of wiiat you have so heard, and whether or no can you ttll what quantity, or about what quantity, of acres the said lands called C. consist ot i" And do you know the boundaries of the said lands, or any part thereof? And if yea, set forth the same to the best of }our knowledge, recollection, and belief. Declare, &.c. lOdi. Look upon the paper-writings now pro- duced, &c. Whether or no was such produced writings, or cither and which of them, or any and what part thereof, or the name II. P. appearing to be set and sid)scribed diereto, of yoiu" pioper hand- writing; and whether or no did you duly receive the several swms therein respectively meiilioned, or any and INTERROGATORIES. 543 and which of them, according to the purport and effect of the said paper-writings, or either of them ? To prove re- 11th. Look upon the paper-uritings now produced, ceipts signed by &c. Whetlier or no are you by any, and what means, ac- other lessees, if quainted with the character and mannerof hand-writing mil/. of , whose names appear to be set and sub- scribed thereto respectively, and are such produced writings, or either, and which of them, or any, and what part thereof, or the names , appearing to be set and subscribed thereto, of the proper hand- writing of such persons respectively, or how otlierwise ? Whether or no are such persons respectively, or either, and which of them, as you, for any and what reason, know and believe, farmers or lessees of any, and what tithes, arising, growing, and renewing within the said , or any, and what township thereof, at the times such receipts respectively bear date ? De- clare, Sec. Intert'ogatoines to prove the Delivery of a Notice. Interrogatories to witnesses, &c. wherein G. C. is Complainant, and T. D. J. A. and S. his wife, &c. &c. are . . Defendants. On the part and behalf of the Complainant, as follows : 1st. [Knowledge of the parties.] Xo prove Mr. 2d. Look upon the paper-writing now produced and R.'s letter of, shewn to you, at this the time of your examination, mark- er* ed'with the letter A. Of whose hand-writing is the said paper-writing, and the name R. R, set and subscribed thereto, and the superscription or direction thereof, as you know, or for any, and what reason, believe, who acted as the solicitor or solicitors of the said Com- plainant, with respect to the purchasers in the said bill of complaint ; 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. To prove the Sd, Look upon the paper-writing now produced, &c. notice given. B. Of whose hand-writing is the said paper-w riting, and the signature thereto, and the superscription thereof? Whether or no was the said paper-wnting sent to the said Complainant, or any person, and whom, on his behalf, at any time, and when, by you, or by your direction ? And whether or no was you employed as the 54-4 INTERROGATORIES. the solicitor or attorney of the said Defendants R. R, and C. his wife, and R. W. or any, or either, or which of them, in the matter of the purchases made by the' said Complainant, and in the said bill mentioned ? De- clare, &c Lastly, [The usual one.] liiterrogatories to prove what passed at the Purchase of an Estate. Interrogatories to be administered to witnesses to be produced, sworn, and examined, in a certain cause depending in the High Court of Chancery, wherein J. E. is . Complainant, and P. H. is Defendant. On the part and behalf of the Complainant as follows : 1st. Interrogatory. Do you know the parties, Com- plainant and Defendant, in the title of these interroga- tories named, or either, and which of them respectively? Declare the truth, and your knowledge herein. 2d. Whether or no were you, at any time or times, and when, previous to the agreement between the said Complainant and the said Defendant, respecting the purchase, by the said Defendant, of the house and pre- mises of the said Complainant at , pre- sent at any conversation or conversations which passed between the said Complainant and the said Defendant, upon the treaty for the said purchase ? If yea, set forth the particulars of such conversations, and what was said therein by the said Complainant to the said De- fendant, respecting his title to the said premises; and w hether any thing, and what was said by the said Com- plainant to the said Defendant, as to the title to the newly inclosed ground in front of the said premises ; set forth all and every the matters and things aforesaid, according to the best of your knowledge, remembrance, information, and belief. 3d. Whether or no, at any time, and when, after the agreement between the said Complainant and the said Defendant, respecting the said purchase, did the said Defendant desire you to communicate to the said Com- plainant any proposal, on his part, as to his being re leased from the said agreement ? If yea, set forth the paiticulars of such proposal, and when, and upon what occasion the said Defendant made the same ? Set forth, ivc. Lastly. Do you know of any other matter Cr thing, or have you heard, or can you say any thing touching the INTERROGATORIES, 545 the matters in question in this case, that may tend td the benefit and advantage of the Complainant in this cause, besides what you have been interrogated unto ? .Declare the same fully and at large, as if you bad been particularly interrogated thereto. Interrogatories to prove the Sale of Premises by Auction, and the Agreement thereto. Interrogatories to be exhibited to witnesses, &c. wherein J. B. is and R. B. is . Complamant, Defendant. On the part and behalf of the Complainant, as follows : 1 St. Interrogatory. Do you know the parties. Com- plainant and Defendant, in the title of these interro- gatories named, or either, and which of tht in, and how long have you known them, or either, and M hich of them ? Declare the truth, and your know- ledge herein. 2d. Whether or no did you, or any person, and whom, in partnersliip with you, at an) tmie, and when, and by whose order or authority, cause ilie premises ia the pleadings in this cause mentioned amongst others, to be advertised fur salt; by auction, and \\ hether or no did you, or any person, and whom, in partnership with you, at any time, and when and where, and by whose order or authority, put up the said premises to sale by public auction, and were the same described as lot 1 . or as what other lot at the said auction ; and whether or no did any and what conversation pass between you and the said" Defendant, previous to the said lot being put up, as to the price at v\ hich the same should be sold, and whether or no did the said Defendant bul for the said lot, and how much, and to whom was the said lot knocked down, and at what price ; and was it so knocked down fairly and bofid Jide, or how other- wise ? And had the said Defendant any time or oppor- tunity to make a further bidding ; and did the said De- fendant, when the same was so knocked down, pub- licly or otherwise, and how, ol)ject thereto, or when lirst did the said Defendant object to the said sale? Set forth, &c. To prove the 3d. Look upon the paper-writing now produced, viemorutidum &.c. of whose hand-writing is the said paper writing, or receipt sign- and eveiy part thereof, and i.i particular the signattn-es edbi/ auctioneer, of " John White and Son," set and subscribed there- to, and whether or no had you authority from the said N N Defendant 545 INTERROGATORIES. Defendant to set and subscribe your name to such me- morandum or receipt, or to sign any agreement as to the sale of the said premises ? And is it the usage for persons employed as auctioneers, to sign such memo- randum, receipts, or agreements, on the part of the persons by \\ horn they are employed to sell ; and whe- ther or no h:id you then actually received, from the said Complainant, the said sum of j£ or for what reason did you give a receipt for the said sum as if you had actually received it? Set forth, See. To prove the 4th. Look upon the paper-writing now produced, agreement sign- &c. of whose hand-v\ritiug is the said agreement, and ed by Plaintiff, whether or no was the same signed by any person, and and the circum- whom, in your presence ; and is your name, set and stances of the subscribed as a witness thereto, of your proper hand- sale. writing ; where was the said agreement written and signed, and was the said Defendant then present ; and did he make any and what objection thereto, and whe- ther or no were you present when the sale of the said lot took place; and if yea, state what passed there- upon, and whether when the said lot was knocked down to the said Complainant, any and what objection was made thereto by the said Defendant? Set forth, &c. Lastly. Do you know of any other matter or thing, or have you heard, or can you say any thing touching the matters in question in this cause, that may tend to the benefit and advantage of the Complainant in this cause, besides what you have been interrogated unto ? Declare the same fully, and at large, as if you had been particularly interrogated thereto. Opinion. — The question in this case is, whether any memorandum of the sale was signed by any person lawfully authorized by the Defendant, and the only paper that can be stated to have that effect, is the memo- randuu) 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 diffi-' culty of the case. ]f the evidence comes up to the representation of it, I think the Plaintiff will succeed ; but the case is not without doubt. Interrogatories INTERROGATORIES. 547 Interrogatories as to Sale of Estates, defective Title in Vendor. Plaint iff s Title. Purchase less tliun valu- able Consideration, Cotiversation about Titles Fine, ^T. Between L Plaintiff. and P Defendant. ist. [Knowledge of the parties.] 2d. Knowledge of N. L. in the pleadings named, Plaintiff's late grandfather, deceased, in his life-time, and for how long before his death, and when or about what time did he die ? Declare, 5cc. 3d. Whether or no do you know, and have you or not. at any and how long time, known or been ac- ijuainted with a messuage, or tenement, and premises, situate, &c. now called or known by the name of, &c. and heretofore, or formerly called or known by the name of, &c. and late or heretofore the estate of ihe said N. L, ? Declare, &c. 4th. Whether or no did the said N. L. ever, and Ahea, in his life-time, sell or dispose of the messuage, or tenement, and pren)ises, in the third interrogatory mentioned or inquired after, to the said Defendants, or any and which of them, or to any and what other per- sons or person, and who by name, and for what sums or sum of money, or for any other and what consi- deration ; and were or was not the same, or any and w hat part thereof, by any and what deeds or deed, or otherwise, and how, conveyed, and by whom, and parti- cularly, whether or not by the said N. L. to such pur- chasers or purchaser, or any and which of them .^ Had or not such persons or person, purchasers or pur- chaser, or any and uhich of tliem, at any and what time, before or at the time of making of such pur- chase, or of the execution of the conveyance of the said premises, or of the payment of the whole, or any and what part of the purchase-money or consideration for the same, and by v\ hat means, any and what know- ledge, notice, or information, that the title of the said N. L. to the said messuage, or tenement, and pre- piises, or any and v\hat part thereof, was defective, or that he had not full power or authority to sell or dis- pose of the same, or of the inheritance thereof, or that any and what other person, and Vvho by name, had any right, title, claim, or interest thereto or thertm, or to or in any and what part thereof as you know, or for any and what reason i)elieve Declare, &c. 5th. Whether or no had the purchaser or purchasers N N 2 9f 548 iNTERROGATORlES. of the said messuage, or tenement, and premises, in the said third interrogatory mentioned or inquired after, or any, or either, and which of them, at any and what time, before or at the time of the making such puichase, or of the executing the conveyance of the said premises, or of the payment of the whole, or any and what part of the purchase-money for the Jiame, and by what means, any and \a hat knowledge, notice, or information that the Complainant had any and what right, title, claim, or interest thereto or therein, or to or in any and what part thereof ? De- clare, &c. 6th. Whether or no was the price, or the sum of money paid by the said purchasers or purchaser of the said messuage, or tenement, and premises, as in the said preceding interrogatory is mentioned and inquired after, the full or utmost price or value thereof, or was or not the same, and for what reason less, and by how much less than the full value thereof, in case a good title could have been made thereto, to such purchasers or purchaser ; were or not the same purchased for some, and what sum of money less than the real and full value thereof, on account of some and what defect in the title of the vendors or vendor thereof, and who by name, in the title thereto or 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, ixc. 7th. Whether or no did you ever, and when, on any and what occasion, hear the said Defendants, or any and which of them, say or declare anything and what, touching or concerning their, or any and which of their right or title to the aforesaid messuage, or tene- ment, and premises, or any and ^^hat part thereof, or any defect therein, or touching or concerning the right, title, interest or claim, of any and what other pe/- sons or person, and who by name, thereto or therein ? Set forth all and every the particulars, and when and where, and before whom, or in whose presence or hearing, and upon wliat occasion the same or any of them were or was made. Had you or not ever, and when, any and what conversation with the said Defend- ants, or any and which of them, touching their, or any and which of their riiiht or title to the aforesaid pre- mises, or any and what part thereof ? Declare, &;c. 8th. Whether or no are you the master or keeper of any and what office or place in which the records of fmes suffered of estates or lands situate, &.c. ? If yea, for how long have you acted or been employed therein, and an; or not, and have or not such records, or any and w hich of them been,, for any and how long lime, INTERROGATORIES. 549 lime, in your custody or possession ? Whether or no were any an(i which of such records, and from and to what time in particular, and when and about what time lost, or in any and what manner destroyed? If yea, have or not you any and what reason to know or ascertain, what particular records or record of fines, were or was upon such occasion lost or destroyed, and were or was or not any indentures or record of any fines or fine, levied by any and what persons or person, and who by name, of the messuage, or tenement, and premises hereinbefore mentioned and inquired after, upon such or any and what occasion lost or destroyed, ;is you know, or for any and what reason believe ? Declare, &,c. Lastly. [Usual interrogatory.] Jfilerrogatorics i^especting the Purchase of Estates, a?id as to Objections on the Title. 1st. Interrogatory. Look upon the printed paper, or particular of sale now produced, &,c. whether or no was you at any time, and when, employed by any person or persons, and whom, to sell the said estates and premises, in the said particular described, and whether or know was the said particular printed and published by your order, or by whose order, as you know, or for any and what reason believe ? Declare, &c. 2d. Whether or no were you, at any time, and when, employed by to estimate the value of the estate and premises described in the printed particular of sale marked A. now produced, &.c. ? If yea, did you form your estimate of the value from any actual survey and admeasurement, or from any and uhai otlier in- formation, respecting the quantity of lands to be sold, and, in particular in forming such valuations ? At what quantity did you compute certain lands, part of the said estate, called the and whether or no should you, in any and what manner, have reduced the estimate of the value of such estate and premises, if you had known that the said lands, called the contained a less number of acres than they were so computed at by you ? 3d. Whether or no did you, at any time, and when, as the solicitor of the said Complainants, deliver to the said Defendants, or to any person, and whom, on his part, any abstract of the title of the said Complainants to the estate and premises, iu the pleadings mentioned ? Whether To prove the pru/ted parti- cular bi/ the ex- amination of the auctioneer. To prove the estimated value of land by the examination of fhe survei/or. To prove de- livery of ab- stract. 660 To prove the actual quarititif by admeasure- ment. To prove that the objections zeere made at the time of the agreement. INTERROGATORIES. Whether or no did the said Defendant, or any perscn, and whom, on his p.iit, at any time or times, and when, and how, make to you anv, and what ol)jec- tions to the said title, and what answer did you there- npon make, and if by writing, set forth the same in the words and ligures thereof, and what afterwards passed between you and the said Defendant, or any other person, and whom, on liis part, respecting the said title, or the agreement of purchase in the pleadings mentioned ? Set forth, &c, 4th. W hether or no did you ever, and \\hen, and by whose employment, make a survey and admeasurement of certain lands, called the S., situate in the parish of C, in the county of ? If vea, of what num- ber of acres do the said lands consist? Declare, &c. 5th. Whether or no had you, at any time, and when, previous to the making of the agreement of the , in the pleadings in this cause slated, and upon what occasion, any, and what communication wilh the said Plaintiff, as to the title of the said Defendant to the premises comprised in the said agreement ^. And did the said Plaintiff at any time , and when, and upon what occasion, previous to the making of the aforesaid agreement, state to the said Defendant, or to you, or to any other person, and whom, as the solicitor or agent of the sa:d Defendant, that there existed any, and what objecticns to the title of the said Defendant to the said premises ; and in particular any, and what objections, by reason that one H. B. had not joined in the conveyance of the said premises to the said Defend- ant, or any, and what objections, by reason that one A. S. claimed to have some right or inierest in the said premises; and for what purpose did the said Plain- tiff' stale the said objections to the title of the said De- fendant to the premises ; and had the said objections any, and what trtect as to the price which the said Defendant agreed to accept from the said Plaintiff for the said premises ^. Declare, &c. \ Interrogatories as to an Agreement to purchase a Cargo of Negroes. Interrogatories to be exhibited, &c. Between S Plaintiff, and R., and others, . Defendants. On the part and behalf of the Complainant as follows: Is*. Knowledge of parties.] 2d. Whether or no oialions, as to the insolvency of the said E. T., or as to any, and what composition being made or pioposed to his creditors, or as to the said De- fendant guaranteeing such com[)osition ? Set fordi, &c. 4th. When first did you inform the said Defendant, or did you learn from him tiiat he knew or suspected the insolvency of tt^e said E. T. \ And wlien first did any thing, and what, pass between you and the said De- fendant, or anv other person and the said Defendant, in your presence or hearing, respecting a composition to be made or proposed to the creditors of the said \i. T. ? And when first did the said D femlant agree to guaran- tee such composition ? Set lorth, ik.c. Lastly. [Ihe general inlenogatory.] These interrogatories were exhibited to the clerk of the bankrupt, who had discovered his insolvency and informed the Defendant of it. Interromtorki 554 IXTERROGATORIES. Interrogatories as to a Bankrupt's Connexion with a certain Co-partnership. In the matter of VV. P., a bankrupt. Interrogatories exhibited before N. S., esq. one of the Masters of the High Court of Chan- cery, to whom this matter is transferred on the part of T. B., esq. for the examination of the said bankrupt, in pursuance of the order of the Lord High Chancellor, made in this matter, bearing date, &,c. 1st. Interrogator}'. What was the nature of the part- nership which .subsisted between the said T. B. and G. P. an;; \ 'Uiseli, and what business was carried on by you as partners? Was or was not the said T. B., at any time, and when, in any, and what manner concerned or in- terested with the said G. P. and yourself in the business of a broker r Was it, or was it not, ever, and \\ hen, agreed or understood, by or between you and the said G. P. and T. B., that he the said T. B. should receive any, and w hat part of the loss that might arise from such brokage business r Did or did not you and the said G. P., or either, and which of you, carry on the business of a broker, previously to the commencement of your partnership with the said T. B. ? Was or w as not the said brokage business profitable in any, and how many of the years during which you were in partner- ship with the saidT. B.? From wliat, and in what manner did the profits of such brokage business arise ? Was or was not any, and what part or share of the profits of such brokage business, at any time, and when, during the continuance of the said partnership between you and the said G. P. and T. B., paid or allowed to the said T. B.; or did he, or did he not, derive any, and what benefit or advantage therefrom.^ 2d. By whom were the books of account of the said partnership kept during the continuance thereof? De- scribe particularly the several books of account which were so kept of the business in which you were so con- cerned, either jointly with the said G. P. and T. B., or with the said G. P. only ? By what names or de- scriptions were such books respectively called or known? Were or were not the accounts of the said brokage business included in all, or any, and which of such books, together with the accounts of the mercantile business ? And if so, for what reason were the accounts of the said two businesses included in the same books ? In what manner were the profits of the mercantile business rtspoclively carried to account in such books, or any of them ? In the manner in which such books were kept, could, or could not, the brokage accounts be int£:rrogatories. 555 l>e distinguished from the other accounts in the said books, or the prolits of the br jkage business be sepa- rated from llie profits of the general business of the said house ? 3d. Ill what manner, and at what periods, weie the balance sheets of the said accounts made up? Were or were not such bahuicc sheets, from time to time, de- livered to the said T, B. ? If yea, for what reason, and for what purpose, were such balance sheets made up and delivered to the said T.B.? Did you, or did you not, at any time, and when, during tiie continuance of the said | artnership between the said G. P., and T. B,, and yourself, consiiler the saidT. B. entitled to any, and v\ha't share or proportion of the profits of the said brokage business t And if he, the said T. B., had de- manded any share or proportion of such prohts in the years when such business was profitable, should you, or should you not, have complied with such demand ? Lastly. Do you know any other matter or thing, not hereinbefore particularly inquired, which may tend to the benefit or advantage of the said T. B. in this matter? If yea, set forth the same fully and at large, as if you had been thereunto particularly interrogated. Interrogatories crhibited before Commissioner!^ of Bank- rupt, as -to the Bankrupt and his Estate. Interrogatories exhibited before the commis- sioners named and appointed in a commission of bankrupt awarded and issued against J. D. for the examination of T. G. V., of the city of B., merchant, before the said commis- sioners. Ist. [Knowledge of the bankrupt.] 2d. Whether or no did the said J. D., for any, and now long time, before he became a bankrupt, or before a commission of bankrupt was awarded and issued against him, carry on any, and what trade, in or at, &c. or 111 or near any, and what other places or place ? ^Vhat in particular was the nature of such ir ide ? Was the same in any, and what degree profitable, or other- wise ? Was yon, or not, during the whole, or any, and what part of such time, and by what means, and in what manner, conversant with the nature and extent of such trade, or the concerns thereof, or the mode or manner in which the same was conducted by the said J. D. and whether or not with the debts and credits, profits and losses thereof? Had you, or not, during the whole, or any, and what part of the time, and whether 55S INTERROGATORIES. whether or not immediately, and at some, and what time in particular, preceding the issuing of the said commission of bankrupt, the liberty or opportunity of perusing, examining, or inspecting all, or any, and which of the books of accounts, and other, and what books and papers relating of, or concerning the said trade of the said bankrupt, or his affairs ? And did you not, from time to time, or at some, and what times, at your own will and pleasure, or how otherwise, peruse, examine, or inspect the same, or some, and what part thereof, or for what reason was such examination had or made ? Declare, &.c. Sd, Whellier or no was the said J. D., ou or about, &c. indebted to you in any, and what sum of money ? If yea, set forth the exact amount thereof, and how you compute or make out the same. \\ as or not the said debt, by any, and what means, lessened, &c. at any times or time, and when, between that time and tlie date of suing forth of said commission r Declare, &c. 4th. In what degree of credit and circumstances was the said J. D. upon or about, 8lc. ? Were or not bis credit and circumstances then good, or were they ir> any, and what degree bad or desperate r Was lie or not then in circumstances unable to pay all the debts due or owing from him as you know, or for any, and what reason believe r Did you, or not, then conceive that the said J. D. was insolvent, or that he would become a bankrupt, or that a commission, &.c. would be issued against him ? If yea, what were the grounds, &c. for such belief? Declare, &,c. oth. Wliether or no was any plan ever, and when, previously to the bankruptcy, or the issuing the said commission, formed by you to obtain from said J. D. any sums or sum of money, bills, notes, goods, pro- perty, or effects of the said J. D., to be applied by you in or towards, or in payment of debts then due, &.c. from him to you, in preference, or to the prejudice of the rest of J. D.'s creditors? And did you, or not, at some, and what time or times, and how often, and when in particular, and whether or not, on or about, &c. apply unto the said J. D., on such occasion, or for some such, or the like purpose, or did you, or not, make some, and wiiat representations to the said J. D. relating thereto ? Why, or for what reason, were, or Mas some, or any, and which of such acts done, and whether in contemplation or prospect of the bank' ruptcy of said J. D.? And did you, or not, then know, believe, or suspect, or had you, or not, and by what means, some, and what reason to believe, &.c. that the paid J. D. was insolvent, or that lie was in despe- rate circumstances, or that he would become, or wa« INTERIIOGATORIES. 65'7 ^as in danger of becoming a bankrupt, or tliat a com- Inissioii, &c. was issued against him t Did you, or not, make some, and what ofter. or proposal, promise, or engagementj and of what nature, to or with said J. D. to induce him to comply with the terms of such ofiV;r, &c, and did, or not, J. D. accede thereto or comply witii such terms? Had 370U, or not, any, and what conversa- tions or conversation with J. D. seJating thereto, or upon the subject thereof ? Set forth the particulars fully, and circumstantially. Declare, &c. (jth. Whether or no, did said J. D. on or about, &c, pay unto you an}', and what sums or sum, or assign unto you any and what debts, &c. due aitd owing to him, or deliver unto you any and what bills f Set forth. all such sums and debts, with the particulars thereof, with the natures and values thereof reypectiveiy ; and whether same did hot consist of all, or any, and which of the sums, items, articles, or particulars following : viz. &c. For what reason, and with what view or de- sign, were or svas the same, or any, and which of them, paid, or given, or delivered to you ? And whether or not, for the purpose of decreasing or diminishing your own private and separate debt, in preference, or to the prejudice of the other creditors of J. D. ? And whether or uot, pursuant to, or in view of some preconcerted scheme by or between you and said J. D. or one and which of you, did you, or not, then by some, and what means know, or had you not some, and w'hat means of know- i»ig, or some and what reason to believe, and did you not believe that said J. D. was insolvent, or unable to pay his debts, or in desperate or bad circumstances, or that he would become, or was likely to become, a bank- rupt, or that a commission had issued, or would issue • tiwd particularly whether it was not agreed, or meant, in- tended, or understood by and between you and J. D. or one and which of you, that a commission, &c. should be taken out upon the petition of you, or of some, and what other person ? Was it not agreed by and between, &.c. that the transaction before mentioned and inquired aft( f, should be concealed from all the creditors of J. D.? If yea, why, and for what reason was the same to bei concealed, and whether or not from a knowledge that the transaction was fraudulent, or from what other mo* live ? Was it not with some such reason, or for any and what other reason, agreed by and betw'een you and J. Di or one, and which of you, that entries should be made in or upon some, and what books or book of account of J. D. of the aforesaid transaction, or of the pavment of all, or any and which of the sums, or of the delivery unto you of ail or any, and vxjjich of the goods, or eftectS; bills, drafts, notes, or other securities for 56$ IXTEllROGATOllIES. for money^ hereinbefore particularly mentioned and in- quired after, or some, and what days, or at some and what times prior, or anterior to the day or time on which same, or some and which of them, were respectively actually paid or delivered unto you ? Declare, &c. 7th. Whether or no were, or was any, and what en- tries, Sec. ever, and when, and by whom, made, in or' upon any books, Sec. of account of J. D. of the matters or transactions in the preceding or 6th interrogatory mentioned ; or of payment unto you of all, or any, and \\hich of the sums, or of the delivery of all, or any, and which of the bills, notes, or other securities for money, or all articles of goods or effects in same interrogatory ? Set forth, &.c. ; and were or was the same, or any, &c. and why, omitted to be so entered r By whose orders or directions were or was entries made, and particularly uhethcr or not by your orders, &c. or at your desire, &c. or with your concurrence .' ^^ ere the entries which were so made, or wrote, upon the several days, &c. of the days affixed, 8cc. thereto in said books, on which same appear in the said books to have been made or wrote, or whether at some and what times subsequent thereto ? \\ Jnt€j^rogat07^}j relative to the Sol-cency of a Bankrupt at the Tune of his assigning certain Premises to particular Creditors. 1st. Whether or no was you, on or about the day of , and for how long- before, employed as clerk or book-keeper in any and what trade or business carried on by the Defendant, S. F. in copartnership with his brother A. F. or any other person or persons, and whom, and at what place i If yea, whether or no had you any and \\ hat opportunity to know, and did you know the circumstances and state of credit of the said trade or business, and of the said S. F. and of the other person or persons interested therein, and what were the circumstances and state of credit of the said S. F. and of the said ether person or persons in or about the said day of and for some time before .'' W'hetlier or no as you, for any and what reason, know or Lelieve, were the Dcfendanla, or any, or either, and winch of tiiem, in any and what manner acquainted on or about the said day of , with the circumstances and state of credit of the said S. F. and of his said copartner or copartqers ; aud whether or no did the said Defendants, or INTEUROGATORIES. 559 or any and which of them, at any time, and when, about the said day of , refuse payment of any draft for a sum of , or any other, and wliat sum, drawn on them, or some, and which of diem, by the said S. F. aiKl 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 tiie truth de- clare. lMerr€ga1ories to prove a Co-partntrship. Between Our Sovereign Lord the King, and C. T. and others, . Defendants. Interrogatories exhibited before F. T. esq. the deputy to his Majesty's Remembrancer of the Court of Exchequer, for the examination of witnesses on the part of die Defendants, pursuant to an order, &c. 1st. [Knowledge of parties.] To prove the 2d. Look at the deed or writing now produced or articles of co- shewn to you at this the time of your examination, partnership. marked with the letter A, purporting to be articles of copartnership between the said W. G. and the said 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, seal- ing, or delivering thereof, by the said W. G. and the said A. £. or either, and which of them ; of whose hand- writing is your name now appearing to be subscribed or indorsed as witness thereto ? Declare, &c. To prove the 3d. Was you, or not, ever, and when, and for how carrying on the long, between the day of , and business before the day of , employed at , A. E.'s ad.nis- in the county of , in the conduct or manage- sion into the ment of any, and what trade or trades carried ou during partnership, by such time, or any, and what part of such time, in the the book of the name of the said W. G. and any other and what per- trade bills. son or persons as his partner or partners ? And if yea, did you, or not, during such, or any, and what part of such time, keep any, and what book or books, for the purpose of making entries of any, and what kind, respecting the dealings and transactions of sucli trade or trades, or either of them ? Look upon the books ■660 INtERROGATOHIES. books produced and shewn to you, at this the time of your examination, marked respectively witli the letters ; were 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 oc- casion, and for what purpose did you respectively make such entries, and what do the same respectively pur- port 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 pei son 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 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 person 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 f And if yea, for whom, and for whose use, did you, by writing or otherwise, and how, acknowledge the same to be received ; and was there not, during such time, or some, and what part of such time, some written or painted inscription in or on the external part of the shop or warehouse in which the said trade or 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 yea, set forth what in particular was such writing or inscrip- tion in the very words thereof? Declare, &.c. 4th. Same as 3d interrogatory, except after the day of oth. Same as 4th, except at , instead of Examination 6th. Look upon the paper-writing now produced, &c. r)f rncuficngers marked, &c. purporting to be a proposal of heads of to pnne t/uit articles of copartnership between, &c. ? Whether or l/te heads of no do you know, or are you acquainted with the cha- articles zcere racter of hand-writing in which the same, or any and delivered ti> \\hat parts or part thereof are or is written ? If yea, set them Jor the forth of whose hand writing the same, or any, and purpose oj what parts or part thereof is or are; and whcthtr you droicntir regu- have not seen such persons or person write ? V\ hether iur articles, (uid or no, was tiie said paper-writing at any time, and when, iihij such arti- and by whom, and upon what occasion, and for what cles icere not purpose was the same so delivered or shewn to you, draan. and what thereupon was done by you, or by any other person, and \\hom, by your order? Declare, &.C. To prove part- 7lh. Look at the deed or writing now shewn to yon, nenhip. 8cc. marked, &.c. purporting to be ariicles of copart- nership between, &c.? Wlieiher or no did you, in pur- suance of such articles, or upon any other and what terms INTERROGATORIES. 561 terms and conditions, and when, and for how long, car- ried on any and what trade or trades, and where, ia copartnership with the said A. E. ? Declare, 8tc. 8t!i. Look at tlie paper-writing now, &c. marked, &c. purporting to be a proposal for, or heads of articles of copartnership between, ivcc? Whether or no do you know, or are you acquainted with the character or man- ner of hand- writing in which the same, or any and what parts or part thereof, are or is written ? If yea, set forth of whose hand-writing the same, or any and what parts or part thereof; and whether you have or not seen such persons or person write ? When, and by whose direction was the said paper-writing sent to, or delivered to any person or persons, and whom, in order that regular articles of copartnership might be drawn pursuant thereto, or how otherwise ? Whether or no did you, for any time, and when, and for how long, and where, carry on any, and what trade or trades, in copart- nership with the said T. E. upon the terms stipulated and expressed in the said paper-writing, or upon any To prove the and wiiat terms and conditions ? Look upon the printed udvertiseinents newspapers now, &,c. intitled respectively the, Slc. and of the partner- upon the advertisement in each of the said newspapers ship, [two or marked, &c. ? When, and for what purpose, and by three papers of whose direction were the said several advertisements, or successive weeks some, and which of them, inserted in the said several will be suffi- newspapers, and were the same, or any and which of cient]. them, inserted with your knowledge or approbation ? Declare, &c. Lastly. [The usual interrogatory.] Interrogatories to pro've a Partnership. InteiTogatories to be administered, &c. wherein S. W. is Complainant, and T. R, H. J. F., R. F., S. G. F., M. F., and S. F. are Defendants, On the part and behalf of the Complainant, as follows : 1st. [Knowledge of parties.] 2d. Whether or no did you ever, and when, first live, and in what situation, and at what age, with J. F. and R. J. F. both late of, &,c. but now deceased, in the pleadings of this cause respectively named, and for how lung did you continue with them, and when did you quit them ; and did you ever, and when, return to them, and for how long did you afterwards remain with them, O O and 5€2 INTERROGATORIES. To examine tradesmen as to their knowledge of a partner- skip. and in what situation ? Whether or no did the said J. F, ever, and when, and where, and how often, declare to you, or in your hearing, that the said K. J. F. was his partner, in any and what trades or businesses, or make any declarations to sucli and what effect ? V\ hether or no did you ever, and when, and how often, by the directions of the said J. F. make out bills to customers of the said trades or business, or any of them, in the name of J. F. and company, and who was intended by the word company, as you know or collected, and how, from the said J. F. and how many keys were there to the till of the shop in which the said businesses were carried on, and by whom were such keys respectively kept, and who had access thereto, and what and whose expenses were paid therefrom ? What name or names was or were painted over the shop door in which the said business were carried on, or painted or engraved on the passage door of the house in which the said J. F. and R. J. F. liveii, and by whom was or were such names or name painted or engraved, and who was or were intended thereby, as you know, or for any and w hat reason believe r Who ipp^^ared to act as masters or partners in the said trades or businesses, and who had access to all the books of the said trade, and made entries therein, and gave re- ceipts for monies received, and in what names ? Whether or no did the said R. J. F. ever, and when, and how often, in the presence or hearing of the said J . F". speak of himself as a partner i\i the said trades or businesses •with the said J. F. or to such effect ; and did not the said J. F. upon such occasion, deny or admit the same, or how otherwise ? What part did the Complainant S. W. take in the management of the family, or of the said trades or businesses, as you know or believe ? Set forth the particulars, &c. Sd. What is your trade or business, and where do you live ? Whether or no did you ever, and when, and for how long, deal in any and what goods, with J.F. or R. J. F. late of, &c. but now deceased, and in the pleadings of this cause named, or either and which of them ? In what name or names were your invoices or bills of piirccls for such goods made out during the life of the said R.J. F. and alter his death ? Whether or no ■were or was any bills or bill of parcels ever returned to you by the said J. F. which had been made out in his name alone, and with any and wiiat instructions as to making out the same in a diHerent and what manner? \\ hetlier or no was you ever, and when, informed by, or did)0u, in any manner, and how, colKct from the said J. F. that he had any and what partner in his said busi- ness; and whether or no did you know, from the course of any dcahnjj widi the said J. F. and R. J. F. that they were INTERROGATORIES. -56S were partners togetlvei' in the said business? Dc clare, &,c. 4th. Whether or no are you a partner in any and what banking house, or house of business ? Whether or no did J. F. late of, &c. but now deceased, ut any time when he was in , and when in particular, open any cash account with you, and in what name or names ; and whether or no did he, upon that, or any other and what occasion or occasions, make any and what declaration or declarations to you, or to any per- son, and whom, in your hearing, respecting his brother R. F. in the pleadings in this cause also named, being in partnership with him in any and what trades or busi- nesses ? Set forth, &.c. 5th. Whether or no were you, at any time, and for how long, employed in any and what situation in the late firm or banking house of B. and company ? Whether or no had J. F. and R. J. F. late of but now both deceased, and in the pleadings in this cause named, or either and which of them, any cash account with the said banking house, during such your situation then, and what was the name or stile of such account ; and did the said J. F. and R. J. F. or either and which of them, draw, in their own names, upon such account, and were such drafts honored, and was such accounts with such drafts credited therein after- wards admitted by them, or either and which of them i* 6th. What is the right of voting for members of parliament, at ? Whether or no did R. J. F. late of, &c. ever, and when, vote for any member or members of parliament for the said borough, and in what right and character ; and whether or no did the said R. J. F. ever, and when, serve any and what paro- chial offices in the said borough ? Set forth, &.c. 7th. Whether or no did J. F. in the pleadings, &c. upon the occasion of any and what election for a mem- ber or members of parliament, for the borough of , make any and what declaration, and when, respecting his brother R. J . F. in the pleadings, &c. being a partner with him f Declare, &c. 8th. Whether or no were you acquainted with J. F. and R.J. F. late of, &.c. but now deceased, the tes- tators in the pleadings of this cause respectivt iy named, or either and which of them, and how long before their respective deaths? Whtlher or no had you at any time, and when, any conversation or conversations with the said J. F. respecting the said Complainant, or respecting any provision which he had made or intended to make for the said Complainant, or which had been made foe the said Complainant, by the said H. J« F. ? o o2 If 564 INTERROGATORIES. If yea, set forth all the particulars of such conversa- tions, and when and up(m what occasions the same passed, according to the best of your knowledge, re- membrance, information, and belief, and the truth declare. 9th. Whether or no was you at any time, and when, and where, present, when any conversation passed between R. J. F. and J. F. both late of, &.c. but now deceased, respecting any provision made for the Complainant S. W. by the will of R. J. F. ? If yea, set forth what was said both by the said R. J. F. and the said J. F. upon that occasion; and whether or i)o did the said R. J. F. then, or at any other time, and when, deliver to the said J. F. his will, or any paper which he described as his will? Set forth, 8cc. 10th. Whetiier or no did J. F. rnd li. J. F. in the pleadings of this cause respectively named, or either and which of them, at any time, and when, purcliase a»y and what sum, in any and what stock, and in w hose names, as a gift for the said Complainant, as you know, or for any and what reason believe ; and whether or no was the same, at any tinie, and when, and upon what occasion, and by whose advice, after the death of the said R. J. F. transferred into the namei»of the said Complainant as you know, or for any and what reason believe ? Whether or no did the said J. F. ever, and when, and upon what occasion, make any and w liat de- claration respecting his brother R. J. F. being a part- ner with, and respecting the share and interest which he had in the joint trade and property ? Set forth, &.c, 1 1 1th. Whether or no were you present in the room i with the said J. F. about two days before his death, when the said J. F. made any declaration to the Defend- ant H. J. F. and S. F. respecting the said Complainant? Jf yea, set forth the particulars of such declaration, and what was said thereupon by the said H. J. F. or S. F. ? Declare, &,c. 12th. Whether or no did you, on the part of the Defendant H J. F., ever, and when, attend any meeting of the said several Defendants, or any and which of them, for the purpose of settling the share of the said FJ. J. F. in the said J. F.'s estate? if yea, was the value of the said J. F.'s estate, then stated to be, or admitted by the said Defendants, or any and which of them, to be of any and what amount in the whole ? Declare, &c. To proie eX' 13th. ix)ok upon the paper-writings now produced hibits. and sworn to you at this the time of your examination, marked with the letters A, B, C, D, &c. of whose hand- writing are the said several paper-writings, and the su- peracnpliuus thereof, and the signatures thereto, or any and INTERROGATORIES. 66S ■and which of them, as you know or believe ? Are you, by any and what means, acquainted with the character and manner of hand-writing of J. F. late of, &c. but now deceased, and in the pleadings in this cause named f Set forth, &c. Lastly. Do you know of any other matter or thing, of have you heard, or can you say any tWw^ touching the matters in question in this cause, that may tend to the benefit and advantage of the said Complainant, besides what you have been interrogated unto i Declare the same fully and at large, as if you had been particularly interrogated thereto. Interrogatories as to Parffiership Accounts, Between, &c. Interrogatories to be, 8cc. 1st. Interrogatory. Set forth a full, true, and particular account of all aud every the sum and sums of mout-y re- ceived by you, or by any person or persons by the order or for the use of you and G. B. deceased, in the plead- ings mentioned, or either of you, or of the estate of the said G. B. on account of the copartnership trade car- ried on by the said G. B. and the said K. B. and after the decease of die said G. B. by you the said K. B. as in the pleadings mentioned, and when, and from whom, and to whom, and by whom, and on what ac- count the same have been received and paid ? Declare the truth, 3cc. 2d. Have you, or not, at any and what time or times since the day of , drawn any sum or sums of money out of the trade which was so car- ried on by you and the said G. B. and afterwards by you alone, for any other purpose than for the purposes of such trade ? If yea, set forth a full, true, and par- ticular account of all and every such sum and sums of money, and ^hen the same were drawn out by you respectively ; and have you, or not, placed out, or ap- plied any, and which of such sums of money, at in- terest, or in the purchase of government, or other, and what stocks and funds, or in any, avid what other man- ner, so as to make any profit or advantage thereby ? If yea, set forth how, and in what manner, and in what stocks, funds, or how otherwise, you have ap- plied each and every of such sums and sum of money, and of all and every the sum and sums of money which you 4f6$ INTERROGATORIES. you have received as the interest or dividends thereof, or otherwise on account, or by means thereof? De- clare, &c. 3d. Set forth a full, true, and particular account of the stock in trade, outstanding debts, and other pro- perty and effects which belong to the said trade or business, which was carried on by you and the said G. B. as in the pleadings mentioned, and which hath since been carried on by you, and all the particulars whereof the same consisted, and the natures, kinds, quantities, qualities, full, true, and utmost values 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 concern, and to whom, and for what the same are due and owing. Declare, &c. 4th, Set forth a full, true, and particular account of the gains and profits which have been made since the day of , in the said trade and bu- siness which was so carried on by you and the said G. B. and afterwards by you alone, and by the means of the monies which you have received on account thereof; and how, and in what manner you compute the same. Declare, &c. Interrogatories as to Partnership Transactio7is. To prove the 1 st. Interrogatory. Whether or no were you ac- partnership by quainted with C. H. late of , but now deceased, declarations of and for how long did you know him before his death, A. or by deal- and when, and about what time did he die ? Whether ing ziith them or no did the said at any time^ and when, take as partners. as a partner with him, in any, and what busi- ness ? If yea, what are the terms of such partnership, and what proportion or share was the said to have therein, and for how long did such partnership continue, and when, and for what reason was the same determined or dissolved, and upon what terms, and whether or no have you, at any time or times rc- speciivoly, heard the said make any, and what declnration or declarations respecting the said copart- nership, or the terms or conditions thereof, or the commencement or dissolution thereof? Set forth, &c. INTERROGATOKIES. 567 To prove that from Christ- mas J B. alone carried §n the business. To prove a 2d. Whetiier or no were you at Clu-istma8 , change made in and. for how long before,' in any and what manner the Jirm of the employed by the late in the carrying on of liis home at Christ- paving business ? Whether or no did the said mas , at Christmas , or at any other time, and when, take any partner, and whom, in his said business, and for how long did such partnership continue, and ia what name or naraes was or were the bills made out from that time, to the persons for whom such business uas done ; and whether or no were you, at any time, and when, after Christmas , employed, and by whom, and by whose directions, in the making out or delivering of such bills, or in the receipt of monies for the same, and in whose name or names were re- ceipts for such monies given ? Set forth, &c. 3d. Whether or no did the said in any and what manner, and when, and for how long time after Christmas , continue to carry on the pavmg business in which he had been concerned, or in any and what manner to interfere therein, or in any part thereof, or by whom was the said paving business, and every part thereof, and particularly the busniess of the government boards done and performed from Christmas , until the death of the said , and in w|iose name or names was or were the bills made out from that time to the persons for whom such bu- siness was done; aud whether or no were you, at any time, and when, after Christmas , employed,, and by whom, and by whose directions, in the making out or delivering of such bills, or in the receipt of monies for the same, and in whose name or names were receipts for such monies given; and whether or no in or aboat Christmas , or at any other time, and when, were the stock of carts, horses, barges^ and other properly employed in the said paving busi- ness, or any part thereof, valued by any person or persons, and whom ? And if yea, upon what occasion did such valuation take place, and under what agree- ment, and at what prices ? Declare, &.c. To prove 4th. Whether or no were and the said partnership or either, and which of them, in or about the years dealings and or , employed in the paving of , and transactions. any other, and what street or places in the city of i.. ? If yea, to whom were the profits of such par- ticular paving business to belong, as you, for any, and what reason, know or believe ; and did you, at any lime or times, and when, hear the said make any, and what declaration or declarations respecting the same .'' Peclare, 8ic. To 568 INTERROGATORIES. To prove part- 5th. Whether or no did you the Defendant I.C and nership deal- R. C. now deceased, or either and which of you, at ings and trans- any time or times, and when respectively, enter into actions. copartnership with the bankrupt T. C. in the pleadings of this cause respectively named, in the several trades or businesses of , or in any, and which of such trades or businesses ? And if yea, in what shares and pro- portions were you the said I. C. and the said K. C. and the said bankrupt respectively, interested in such trades, and every of them, and what was the capital employed in such trades or businesses, and every of them, and by whom was the same provided ; and what were the conditions and agreements between you in each and every such trades, with respect to the pro- viding of capital, and the bringing into and taking out monies from the said trades ; and to whom did the buildings, stock, and utensils in each and every such trade, belong at the commencement thereof, or by whom were the same provided, and what was then agreed between you with respect thereto ? And set forth the particulars of all such buildings, slock, and utensils, and the full, true, and utmost values thereof, and of every part thereof, and what hath since be- come thereof. Declare, 8cc. Interrogatories for the Examination before a Mastery to prove Consideration of a Bond, and as to Monies paid for Passage, S^c, 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 examina- tion of T. S. esq. who claims to be a cre- ditor of the testator G. S. in the pleading* of this cause named, pursuant to the decree made in this cause, bearing date the day of To prove the 1st. Interrogatory. When and where, and in whose tonsiderationof presence did the said testator G. S. execute the bond a bond. to you for the sum of £ in your charge men- tioned, INTERROGATORIES. 569 When exe- tioned, and at what time of the day was such bond cuted, if after executed, and was it not after dinner, and was the said dinner, ana in' G. S. then intoxicated, or in any, and wliat degree toxicuted; heated with hquor, and was not the said G. S. addicted whether ad' to drinking, and by whom was such bond prepared, dieted to drink- and when in particular, and by whose directions, and ««g; what was the consideration of such bond; and if you bi/ whom pre- alledge that the consideration was for monies advanced pared- or paid by you to or for the use, or on the account the considera- of the said G. S. tlien set forth when and where, and tion'^ in what manner, and in whose presence, and to whom, if for monies', such monies, and every part thereof, were so advanced set forth in and paid ? Did not the said G. S. pay to you the sum what manner of £ for his passage from to , advanced; before or upon, or soon after his coming on board whether paid your ship ; and did not the said G. S. bring on board for his passage ; with him the further sum of £ , or thereabouts, whether or some other, and what further sum, as you know or brought any believe ; and how happened it therefore that the said money on G. S. had occasion for the said sum of e month of , connnand the packet boat in his Majesty's service, called the, &,c. bound from F. to L. ; and whether did you, at any time, in or about the said month of , make a voyage in the said packet from F. to L. and on what day did you sail from F., and on what day did you arrive at L. ; and ^vhether or no did the Complainant, the honorable Mr. M., sail with you as a passenger in the said packet, on the said passage ? And if yea, what name did the said Complainant assume, and under what name did he pass upon the said voyage ? Set forth, &c. 2d. Whether or no did you, in the month of see the Complainant, the honorable Mr. M., at L. ? If yea, Avhen and where, and upon what occasion, did you first see him ; and did any conversation then pass between you and the said Complainant respecting the Defend- ant, S. ? If yea, set forth the particulars of conversation, and what was said thereon by the said Complainant, and by you respectively, according to the best of your knowledge, remembrance, information, and belief? 3d. Whether or no did you, on the day of see the Coniplainant, the honorable J. M., at L. ? If yea, when and where, and upon what occasion, did you first see him, and what passed thereupon, and when, and how soon afterwards did you next see him ; and did the said Complainant enter into any conversation with you, or make to you any declarations respectmg the Defendant, S.f If yea, set forth the particulars of such conversa- tion or declarations, accordnig to the best of your know- ledge, remembrance, and belief, and the truth deeclare, 4th. Look upon the letters or paper- writings now produced, &.c. marked, &c. Of whose hand-uriting are the said several letters or paper-writings, and t:\iiry V p of 578 INTERROGATORIES. of tliem, or the superscriptions tliereof, and the signa- tures thereto, as you know or believe? And did you ever see the person or persons write whom you believe to have written, superscribed, or higned the same re- spectively, or by what means are you acquainted with the manner or character of the hand-writing of buch per- son or persons ? Set forth, &c. Interrogatories for a Variety of Matters. To prove a Death — A Register — A Notice — By zvhut Authority an Agreement signed — An Agreement for Lease — Ser- Tice zvith Copy — Payments of Annuities — // Convey- ance and Receipt of Consideration Money — To prove Note of Hand, and other Matters. To -prove a death. To prove a register. To prove a notice. To prove by what authority a'neeinent K'as signed. 1st. Interrogatory. Whether or no did you know A.B. of iu his life-time, and for how long previous to his death ? Was you present at his death ? If yea, where was the place of his death, and whom else was present thereat, and how happened it that you was present ? Declare, &c. 2d. Look upon the paper-writing now produced, &c. Did you, at any time, and when, and wliere, carefully examine the same, with an entry thereof, made in the register book of any and what parish or place ? If yea, whether or no is the same a true copy of such entry ? Declare, &c. 3d. W hether or no did you, at any time on or about the day of , or at any other time, and wlien, deliver to , and where, any and what writing, purporting to be a notice from , of his desire that , cr to any such or the like effect ? Was or not the name of the said , subscribed thereto, of his own proper hand-writing ? Did you not see him set or subscribe his name thereto ? Did you, or not, keep a copy of such notice or writing, which was so delivered ? Look upon the paper-writing now produced. See. Is the same or not a true copy of such notice or writing, which was so delivered ? Did you or not ever examine and compare the said produced writ- ing with the notice or writing so delivered.'' Declare, &c. 4th. Look at the pajx^r-writing marked with the letter A., and now produced, &c. Wlietlicr or no is your name, appearing to be set and subscribed thereto, for the said Defendant, of your proper hand-w riling ? If yea, when did you so set and subscribe your name tlureto ; and whether or no had you the instruction or direction of the said Defendant to sigji such paper, or any INTEKROGATORIES. 579 any such paper, or to m:ike any such agreement,, or any other and what agreement, w'nh the said Complaiii.uU ; or did you, at any tinie, and when, previously inturm him, or intimate to him, theil you would, on his ()art, sign such paper, or make any agrecnuni to any such or what other effect with tlie said Ct)m{)'.tinant, ai.f' diil Le approve ot" such your intention, or ho\v otnerwise ; or did you at any time, and when, first afterwards in- form him, or in any and what manner, intimate t<> him that you had such paper, or made any ai;rcrm. ht, to any effect with the said Complainant, uirJ did lie ap- prove thereof, or how otherwise, or with what autho- rity, and witii what intention did you so sign arid sub- scribe the said paper-writing or agreement ? Set forth, &c. To prove an 5th. ^^ helhcr or no were you acquainted with R. D., Ggreement for late of , but now deceastd ; and did you a lease ever see the said R. D. write, or are you by any, and what other means, acquainted with the character or manner of hand-writing of the said K. D. ? Look upon the paper-writing now produced, &c. ; wht ihtr or no is the name R. D., appearing to be set and subset ibed to the said produced paper-writing marked A., of the proper hand-writing of the said R. D., as you know or believe ? Declare, &c. To prove an 6th. Look upon the said paper-writing or agreement agreement for now, &c. Whether or no did you, at any time, and a lease. when, and where, deliver to the said Defendant any paper- writing, purporting to be a copy of the said paper-writing, and was the same a true copy th.creof ; and whether or no did you, at the time of delivering such copy, produce to the said Defendant tlie said original paper- writing, or read the same to him; and did ayy thing, and what, pass between you and the said Defendant thereupon ? Declare, &c. As to the pay- 7lh. Whether or no are any, and which of the an- ment of annul- nuitants in the said Testator's will named, living, and ties. have any and which of the said annuitimts died, since the death of the said Testator, and v. l.cn particularly ; and have any and what sum or suni> oi mouiy Itcen paid in discharge of any and which oi ihor sai! annui- ties, and in particular, in discharge of the annuities given for the charitable purj>oses m the s^id vvili men- tioned, and when, and by whom, and h ;ve uny and what fund or funds been set apart, and in whose name or names, and in w!i;it manner, to answei the same annuities, or any and which of llicm ? Set tmih^ &c. To prove 8th. Look upon the deeds or parcl..iient writings conveyance and now, 8cc. Whether or no was the said prod.uctd writ- receipt for con- ings, or either and which of them, at any time, and sideration in- when, signed, sealed, and delivered, or in any and wl.at dorsed thereon, manner e.Necuted by any person or persons, and whom, f p 2 in 580 IXTERROGATORIES. To prove the Jinding of old deeds, surveys, To prove a rdll, or other writing, in the rvords it con- tains. To prove notice. in your prebence ; and is your name set and subscribed as a w itiiess thereto, of your proper hand-writitig i Look upon the writing indorsed upon the back of the said deed or parchment-w riling, marked B., and pur- porting to be a receipt for the sum of £ . Whether or no was such w riting so indorsed at any time, and \\hen, signed by any person, and whom, in your pre- sence ; and is your name set and subscribed as a witness thereto, of your proper hand-w riting ? Set forth, &c. 9th. r>ook upon the deeds, papers, or writings pro- duced, &c. What do the same respectively purport to be ; were or was not the same, or any or either, and which of them, at or about any and what time or times found, and by whom, and on what occasion, in the custody of any and what persons or person, amongst any deeds or writings relating to any and what, and whose estate; where, and in whose custody have orhalh the same, or any or either, and which of them, been, from time to time, for any and how long time, kept, whether, amongst the deeds or writings relating to any and what estate, or how otherwise? 10th. Whether or no doth the said produced writing, marked, &.c. contain the words following, or any and what other words ; that is to say (Here set out an exact copy of the uiU and attestation). Have you or not, and when, and with whom, examined and com- pared the said produced writing, with the words set forth in this interrogatory, as being a copy thereof? Declare, &c. 1 1th. W' hether or no did you, at any time in or about the year , and on or about what day or days in particular, deliver to Plaintiflls, or either of them, and where any and what writing, purporting to be a notice from the Defendant, of her desire, that the Defendant should not be disturbed in the possession of any and what house, or to any such or the like effect ? W as or not the name of the Defendant subscribed thereto, or to either and which of them r W ere both such notices or w ritings ni the same words and figures, or in any and vhat respect difterent from each other ? Did you or not keep a copy of each or either, and which of such notices or writings, which, if any were or was so deli- vered ? Look upon the paper-writing now produced and shev\n to you at this the time of your examination, marked wiih ihe letter B. Is the same or not a true copy of t ;ich, or either and which of the notices or writings, wliich, if any, were or was so delivered r Did you or not ivir cxainiiie and compare the said produced Miiting, with the noticts or writings so delivered, or with either and which of them ? To INTEllUOGATORIES. 581 To prove the consideration money men- tioned to be paid in a deed to be really and buna ii^G paid. To prove re- Hth. Look upon, &.c. Whether or no were or was ceipts upon any and what receipt or receipts, indorst-d thereon, or dsedi, any, or either and which of them, at or about any and what times or time, by any and what persons or person, in your presence ? Are you or not a subscribing witness to the signing of all or any, or tither and which of such receipts, by all or any, or tithtr and which of such persons; of whose hand-writing is your name, now appearing to be set or subscribed as a witness, to all or any, and which of such receipts? Declare, Sec. 13lh. What was the true and real consideration of the said deed, marked, &c. ? Was or were not any and what sum or sums of money, at or about any and what time or times paid, as, for, or in part of the considt ration thereof, and when and vhere, and by whom, ami on whose account, and to whom, and for whom, and for whose use, and for what occasion ? Was you or not present at the time of paying the same, or any and what part thereof? Did or not the person who signed the receipt indorsed on the said deed, at or about the time of signing such receipt, say or declare any thing, and what, concerning his having or not havuig received or been satisfied with the whole, and what pari of the money therein expressed to be paid to him ? De- clare, &c. To examine 14th. Whether or no have you, at any and what as to bound- time or times, and on what occasion, received any and cries, customs, what information from any and what ancient person or moduses,^'C.S)r. persons who are, or is now deceased, of or concerning all or any, and which of the matters in this interrogatory inquired after ? If yea, did you, and do you btlieve such information to be wholly, or in any and what respect, true or false ? When did such person or persons die, and of what age or ages were or was he or they at the respective times of his or their deaths; and had or had not he or they lived at or in the neighbourhood of L. aforesaid, for any and how long time before such information was given ? Declare, &c. 15th. Look upon, 8cc. Whether or no do or doth the same, or any and which of thein, contain a true copy or copies of any and what record or recy of any registers, bap- and what entries or entry, in any and what regisK r or tisms, 4'c« registers, of any and what parishes or parish ? Did you or To prove a copy of record. 582 IXTERROGATORIES. I)iterrogntory to ■prove trco ho7ids, and as to the circum- staucesfor for zcltich thei/ zcere executed. Interrogator If to prove a ten- der of laoneijj and refusal. To prove the amount of a morta.o'fe debt. To prove ytote of /land. or not, ever and when, carefully examine and compare the said produced writings, or any, or either, and which of them, Avilh sucli respective entries, and where, and M'iih whom, and by whom, are or is such register kept? Dechne, &.c. Look upon the two bonds or paper-writings now produced and shewn to you at this the time of your examination, marked with the letters -A. and 13. Whe- ther or no were the same, or either, and which of theni, made and executed by you at the times they respectively bear date, or when else, and under what circumstances, and for w hat considerations respectively, and on wliat terms and conditions were you articled as a clerk to the Testator W. G. in the pleadings in this cause named ? \A hether or no did the Defendants, or either, and w hich of them, or any and w hat person or persons, on their, or either, and which of their behalf, at any times or time, and when, or about what times or time particu- lar!} , and whether before or after the day of tender or offer to pay or satisfy unto any and what persons or person, any and what sums or sum of money, in or towards discharging any and what legacies or legacy given by the will of ? Were or was not any and what securities or security, and from, and to whom, for payment of any and what sums or sum of money produced, and by whonj, at all, or any and which of such times ? Did the persons to whom such, if any, tender were offered or made, at any, or either, and which of such times, agree or refuse to accept the money or other satisfaction so ofiered ? How, and in what manner did he, she, or they, at such time or limes, express or de- clare him or herself, or themselves, relating thereto ? W hethcr or no was there, on the day of any and what sum of money due and owing to the above named Complainants T. B. and B. B. and their part- ners in the R. bank, in respect of monies advanced by the said Complainants, to or for the use, or on the account of the said T. B. and B. B. and their said part- ners or otherwise, and what is now due to the said Complainants in respect thereof? Set forth, &.c. Look upon th(; paper-writings now produced, &c. and purporting to be a promissory note for J! from A. B. dcceast d, in tin; pleadings of this cause named, to the said Conii)hiinants, and bearing date the day of . . Whether or no did you ever sec the said A. B. write, or are you by any other and what means, acquainted with the charac- ter and manner of Ins hand-writing ; and whether or no is the nanu' A. It. appearing to be set and subscribed to tlie said j)ioduced paper-writing marked D. of the proper i INTERROGATOR! ES. 5S3 proper hand-writing of the said A. B. as you, for any and what reason, know or believe ? Declare, &.c. To prove in In what manner, and at what periods were the balance ■whal: manner sheets of the said accounts made up ; were or were not and at ichat such balance sheets from time to time delivered to the time the balance said T. B. ? If yea, for what reason and for what of accounts of purpose wore such balance sheets made up and delivered partners/lip to the said T. B. ? Did you or did you nut at any tjme were made up, and when, during the continuance of tlie said partner- £^-c. ship between the said G. P. and T. B. and yourself, consider the said T. B. entitled to any and what share and proportion of the proiits of the said brokage busi- ness ? And if he the said T. B. had dcn)aii(led any share or proportion of such profits in the years when such business was profitable, should yon or should \ou not have complied with such demand, &c. ? Set forth, &,c. Interrogator!/ Was not the said Testator P. C. at his death, pos- as to the posses- ses^ed of, or in some manner interested in a messuage sionoj' an estate, or tenement at H. in the county of M. ? If yea, set forth the particulars of which the same consisted, and from v>hom, and under what lease or agreement, and for what term, and at, and by what yearly or olhtr rent the same and every part thereof was holden by the said Testator ; and set forth also at what rent and other con- ditions, and for what term of years you have since taken - the same, and m whose occupation the same and every part thereof hath been since the death of the said Tes- tator, and now is, and at what rent or rents. As to what Whether or no have yon, or either and which of you, properti/ was since the death of the said Testator, possessed any and possessed sped- what property of the said I'estator which was specifi- Jicallif be- cally bequeathed by him, other than and except such queathcd, moieties as you have delivered to the specific legatees ? If yea, set forth a full, true, and particular inventory and account thereof, and of every part thereof, and of all particulars whereof the same consisted, and the quantities, qualities, full, real, and true values of the said particulars respectively. Toprove debts Whether or no was the Testator W. O. in the plead- duc> ing3 iu this cause named, at the time of his death, in- debted to the said Complainants P. and S. or either and which of them, in any and what sum or sums of money, and when, and by what means, and on what account did the said Testator so become indebted ? Declare, &c. Interrogatory Whether or no did you know W. G. late of. Sec. but to prove the now deceased, the Testator in the pleadings of this identity of a cause named, for how long a time previous to his death ; person. and did you know S. I. the nephew of the said Tes- tator, and in what profession or situation of life was the said S. l.j and did the said S. I. ever, and when, serve 584 IN'TERROGATORIES. serve on board his majesty's ship U. and in \vhat cha- racter, and what has become of the said S. 1. as you know, or for any and what reason believe ? Declare the truth, and }our knowledge therein. To prove tie Look upon the paper-writing now produced and eutri^ in the shewn to you at this tiie time of your examination, vari/-office marked with the letter A. Whether or no did you at booLs. any time, and ^\ hen compare the same, with any entry •T in any, and what book kept at his majesty's navy office ; and whether or no is the same a true copy of such entry ? Declare, &c. The Title of Interrogatories for the Examinatioii of a Party pro interesse suo. Between W. A., J. A., C. A. . . Plaintiffs, and H. S., W. O., J. R., J. T. Defendants. Interrogatories exhibited before W. W. P. esq., one of the Masters of the High Court of Chancery, for the examination of W. D. a Defendant in this cause, pro interesse suo, in certain estates in the pleadings in this cause mentioned, pursuant to an order made by the said Court, bearing date" the day of The Title of Interrogatories for cross Examination of a Party examined, pro interesse suo. Between W. A., &c. . . . . Plaintiff", and H. S., Sec. &.C. . . . Defendant. Interrogatories exhibited before W. W. P. one of tlie Masters of the High Court of Chancery for the cross-examination of the above-named Defen- dant \\ . O. pursuant to an order made in this cause, bearing date the day of , whereby it was ordered that the said Defendant \S' . O. be at liberty to go before Mr. P. one of the Masters of the said Court, and be examined, pro interesse suo. SECT. 585 SECT. 111. ORDERS. THERE are many occasions intervening in a causa which require motions or petitions to set them right ; some of these are for matters of course. These are commonly called interlocutory orders ; sometimes they relate to the prosecuting or carrying on of a cause, and sometimes they are touching process, &c. At other times they are founded on the standing orders of the court, and upon the particular circumstances of the case, and are made upon the applica- tion of some person, either Plaintiff or Defendant, inte- rested in, or affected by the cause. When they are made upon hearing counsel on both sides, regard is always had to the general rules of the court ; but when they are made by consent of parties, they are often out of the general rules, or course of the court; in which cases the special reasons, moving the court to vary from those rules, are always expressed in such order. Where any subsequent order is obtained, and a former order, material for the court to take notice of, is con- cealed, or not truly and fairly represented, no benefit shall be taken of the subsequent order; but the court, upon motion, will either set aside, or alter the same, as obtained surreptitiously ; and, therefore, the register, in drawing up such orders, always mentions the next pre- cedent order, in which great care ought to be taken that it be fully and truly recited, lest a mistake therein should vitiate the order. Order SS6 ORDERS. Order for Injunction on Attachment for Want of Appearance. Foiasmucii as this court was this present day informed by Mr. of counsel for the l^iiiiatiff, tliat the Defendant being served with pro- cess to appear to and answer the Plaintifi's bill, rcfusts so to do ; but sits an aitachuient in contempt for want of his appearance, and yet in the mean time prosecutes the Plaintiff at lav/, for ihe matters in the bill comp.aiued of; and it is tliereupon ordered that an injunction be awarded for Slav iif the Defendant's protef dings at law, for and touching any mat- ters here in questiou, until the Defendant sliall appear to the Plaintiff's bill, clear las con. tempt, and this court make other order to the con- trary; but the Defendant is in the mean tin)c at liberty to call for a plea and proceed to trial thereon, and for want of a plea to enter up judg- nieut , but execution is hereby stayed. Order for Injunction on Attachment for Want of Anm'Qr. Forasmuch as, &c. that Defendant being served with process to ap- pear to and answer the Plaintiti's bill, hath appeared accordingly; but sits out all process of contenjpt for want of bis answer. And yet, &c. (Vide Aho\ii.) Order j'or Injunction on Dedimus, and Order fyr Time. Forasmuch as, &c. that Defendant being served with process to ap- pear to and answer the plaintiff's bill, hath appeared accordingly ; but for delay haih craved i* commission to answer in the country, or obtained an order for time to answer. And yet, &,c. (As above, except leaviii^ out the w ords relating to the contempt.) Order for Injunction to stay Waste. Upon opening, &:c. (here state the case,) to be relieved wherein, and for an injunction, the Plaintiff' hath exhibited his bill in this court against the Defendant, as by the Six Clerks certificate appears. And therefore it was prayed that an injunction may be awarded against the Defendant to restrain him, his servants, workmen, and agents, from committing any waste or spoil upon the premises in question, until the Defendant shall luliv answer the Plaintiff's bill, and this court make other order to the contrary, which, upon reading the said affidavit, is ordered accord- ingly- N. li. The case to be stated from the affidavit only, except when an ■ansvvcr has been put in to an original bill, and a supplemental bill after- vvardii states the waste. Order for an Injunction to stay Printing Books. Upon opening, &c. (same as last), and therefore it was j)rayed that an iiijuntlion may be awarded against the Defendant, to restrain him, bis ORDERS. 587 his servants, workmen, and agents, from printing, publishing, and vend- ing the said, 5vc. untii, &c. Order for an Ii/juiiction on a Dodimus, and to extend to stoi/ Proceed- ings on Plauitiff's Bail Bond, Upon motion this day made unto this court, by Mr. boiu'^ of counsel, &c. it was alledged that the Defendant, beinsf served with process to appear to and answer the Plaintiff's bill, hath appeared accordingly ; but for delay hath craved a commission to answer in the country, and yet in the mel.p time prosecutes the PlaintiiT at Jaw for the matters in the bill complained of. And the Defendant having obtained an assignment of the bail bond, entered into by the PlaiiUift" to die she- riff, to the action at hiw, is alyo proceeding thereon at law against die Plaintiff's bail. It was therefore prayed, that an injunction may be awarded for stay of the Defendant's proceedings at law against the Plaintiff's bail, upon the assignment of die bail bond, whereupon, and upon hearing an affidavit of notice of this motion, &c. It is ordered, fhat an injunction be awarded, Sic. but execution is hereby stayed. It is further ordered, that the said Defendant be also restrained from pro- ceedings at law, to take out execution against the Plaintiff's bail, until he shall fully answer the Plaintiff's bill, and this court make other order to the contrary. This was made in a case of " Stone v. Tuffin," the 8th December, 1744. Temp. Lord Hardwicke, C. Order to dissolve Injunction nisi. Whereas the Plaintiff' obtained an injunction for stay of the Defend- ant's proceedings at law till answer, and other order to the contrary, now upon motion diis day made by Mr. , being of tlie Defend- ant's counsel. It was alledged, that the Defendant hath since put in a full and perfect answer to die Plaintiff's bill, and hereby denied tlie whole equity thereof. And therefore it was prayed that the said in- junction may be dissolved, which is ordertd accordingly, unless the Plaintiff", his clerk ju court having notice hereof, shall on shew unto tills court good cause to the contrary. Order to amoid btj adding Parties on paying Costs of the Dc^y- This cause coming on this present day, to be heard and debated before the Right Honorable the Lord High Chancelior of (ireal Britain, in the presence of counsel learned on both sides, and the pleadings in the cause being opened, upon debate of die matter, and hearmg of what was alledged by the counsel on both sides, his Lordship doiii order that this cause do stand over, and diat the i'lanitiffj be at liberty \o amend their bill by adding parties thereto, or otherwise, as they shall be advis- ed ; but the Plamtills are to pay unto the Defendants the costs of the day. Order ^SS ORDERS. Order to dismiss Bill for Want of Prosecution. Upon motion ibis day made unto this court, by Mr. , of counsel tor the above named Defendants, it was alledged that this cause came on to be heard on the day of , , when it was ordered, &.c. that the Plaintiffs have not stirred a step in the cause since the date of the said order ; and therefore it was prayed that the Plaintiffs may within a fortnight amend their bill, pursuant to the 9aid order, or in default thereof, that the said order may be discharged, and that the Plaintiff's bill may stand dismissed as to the said Defend- ants, with costs to be taxed, which, upon he^^ring an affidavit of notice of this motion read, is ordered accordingly. x\nd it is iiereby referred to Mr. , one of the masters of this court, to tax the said costs. Order zchere a Notice to sue out Execution had been served, that the same should stand over, and the Benejit of the Notice saved. Whereas the Defendant gave notice that this court would be moved ou the day of instant, that the Defendant might be at liberty to sue out execution against the Plaintiff', in the action brought by him, the Defendant, against the Plaintiff, in his Majesty's court of K. B. cm the said Plaintiff"'s note of hand for ^ and interest. And vihereas the bentfit of the said notice has been saved by order to this day. Now, upon motion this day made unto this court by Mr. , oi couns»l for the Defendant, it was prayed that the benefit of the said notice may be further saved to the first day of next Trinity Term, which is ordered accordingly. Order to amend a Bill on Payment of 20s. Costs. Upon motion, &c. it was alleged that the Defendant having put in his answer to the Plaintiff's bill, the Plaintiff', upon perusal thereof, is ad- vised to amend his bill ,• and therefore it was prayed that the Plaintiff may be at liberty to amend his bill, as he shall be advised, upon pay- ment of 'iOs. cosis to the Defendant in respect thereof, which is ordered accordingly. Order to amend a Bill zcithout Costs, the Defendant having appeared Out not ansnered. Upon motion, &c. it was alledged, that the Plaintiff having exhibited his bill in this court against the Deleiidant, he appeared thereto, and the Plaintiff is since advised to amend his bill ; theiefore, and in regard the Defendant hath not }et put in his answer. It was prayed that the I'lamtiff may be at liberty to amend his bill, as he shall be advised, vMtliout c'JSis, which is ordered accordingly; but the Plaintiff is to aiucnd the Dclcudant's copy of the bill. Order ORDERS. S$0 Order to amend a BUI zdthout Costs, the Defendiint vot having appeared. Upon motion, &c. It was allecJged that the Plaintiff' hath exhibited his bill into this court against tlie Defendant, and is since advised to amend the same; therefore, and in regard the Defendant hath not yet appeared to the Plaintiff 's bill. It was prayed that the Plaintiff" may lie at liberty to amend his bill as he shall be advised, without costs, which is ordered accordingly. Order to amend a BiU. without Costs after Answer. Upon motion, &c. it was alledged that some of the Defendants hav- ing put in their answer to the Plaintiffs' bill, the Plaintiff's, upon perusal thereof, are advised to amend their bill, but shall not require any furtlier answer from the Defendants ; and therefore it was prayed that the Plaintiffs may be at liberty to amend their bill, as they shall be advised, without costs, which is ordered accordingly, the PlaintifTs amending tlie Defendants' copy of the bill. Order to amend a Bill and answer Exceptions at the same Time. Upon motion, &c. it was alledged that the Plaintiff" having excep- tions to the Defendant's answers, the same hath been repor ed insuffi- cient, (or) the Defendant submitted to put in a further answer. It wus therefore prayed that the Plaintiff' may be at liberty to amend his bill, without costs, and that the Defendant may answer the l^hiintiff 's amend- ed bill, at the same lime he answers the said exceptions, which is ordered accordingly, the Plaintiff amending tlie Defendant's copy. Order to withdraw a Replication, and amend a BilL Upon motion, &c. it was alledged that the Defendants having put in their answer to the Plaintiff^'s bill, the Plaintiff' replied to such answer, and is since advised to amend his bill, and therefore it was prayed that the Plaintiff' may be at liberty to withdraw his replication, and amend his bill, on payment of 205. costs to the Defendant, in respect thereof, which is ordered accordingly. N. B. It is ordered that where exceptions to answer are allowed, the 'Defendants, if they have answered separately, must, upon apj)hcation to the court for time to answer said exceptions, make separate molion^i, otherwise if answer is put in jointly. Order to amend Anszcer. Forasmuch, &c. that the Defendant since putting in his answer to the Plaintiff's bill hath discovered that in the title to his s:ii;l aiis\\er [\e hath made a mistake in the christian name of the Plaintiff', In caUiii<» him instead of . It is therefore prayed that the De- fendant be at liberty to take his said answer oft" the lile, and amend the 590 ORDERS. the same in the title thereof, by naming the Plaintiff instead of , and that after such amendment the Defendant do re-swear the said answer. Order to amend a Bill, by adding Parties, requiring no further An" STi'erfrom the Defendants rcho have anszcered. Upon motion, Sec. it was alledgcd that some of the Defendants having put in their answer to the Plahuifls' bill, the Plaintiliis are advised to amend their bill by adding Defendants thereto, but shall not require further answ ers from the said Defendants who have already an- swered ; and therefore it was prayed, that the Plaintiff's may be at liberty to amend their bill as they shall be advised, by making the De- fendants thereto with apt Mords to charge them, which is ordered accord- ingly, but the Plaintiffs are to amend the Defendants copies of the bill. Order to amend by making some of the Flaintijfs Defendants. Upon motion, &c. it was alledged that the present Plaintiff's, together with , having exhibited their bill in this court against the De- fendants, are advised to strike out the names of tlie said from being Complainants, and to name them Defendants ; and therefore it was prayed, that the Plaintiff's may be at liberty to amend their bill without costs, by striking out the said from being Complain ants, and by making them Defendants, which is ordered accordingly, but the Plaintiffs are to amend the Defendants' copies of the bill. Order to amend a Bill on. Payment of GOs. Costs to some of the De- fendants, and uilhout Costs as to others, requiring no further Jnsicer. Upon motion, &,c. it was alledged, that since the coming in of some of the Defendants' answers, the Plaintiffs are advised to amend their bill, but shall not require any further answer from the said Defendants mIio liave answered ; and therefore it was prayed, that the Plaintiff's may be at liberty to amend their bill on payment of 20s. costs to the De- fendants, from whom they shall require further answer, and without costs as to the Dtftndants Irom whom they shall not require further answers, amendiiig their copies of the bill, which is ordered accordingly. Order to amend a Bill iclthout Costs, the Defendant submitting to put in a further jhisuer. Upon motion, &.c. it was alledged that the Plaintiff having taken exceptions lo the Defendant's answer, the Defendant hadi submitted to })nt in a turtlxM- answer, since which the Plaintiff is advised to amend his bill, and the defendant not having yet put in a further answer, it wiis prated that the I'laiutiff may be at liberty to amend his bill as he shall be aai/s, and continue an Injunction in the mean 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 alledged, that the Defendant having put in an insufficient answer to the Plaintiff's bill, the Plaintiff hath taken exceptions thereto, since Mhi;h the Defendant hath not put in any fiuther answer, although the Defendant's is very insufficient, as the Plauitiff is advised; and tlierefore it was prayed, that the said injunction may be continued until the said Defendant hath put in a perfect answer to the Plaintiff's bill. Where- upon, and upon hearing of what was alledged 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 Defendant's said answer, and the IMaintiff's said ex- ceptions, and certify whether the said answer be sufficient or not. But the Plaiiiliff is to procure the master's report in da\s, or in default thereof the said injunction is to stand dissolved without fuilhcr motion, which in the mean time is hereby continueened, and the scope of the Plaintiff's bill being, that, for many errors thereby assigned, and other defaults, appearing in a decree made by the right honorable the , on the hearing an original cause, wherein the Planitiff's Testator was Plaintiff, and the decree, bearing date the , which had been received, reversed, and amended, and the Plaintiffs relieved, and was entitled to, or ought to have been; where- upon, and up'.'ii debate of the mailer, and hearing of read, and of ORDERS, 597 of what was alleged by the counsel for , his Lordship dolh or- der, that, &c. [the same as the foregoing.] Order to give Security before obliged to amzcer. Upon motion, &:c. per Defendant, it was alleged, that it appears by the Plaintiff's bill that the Plaintiff lives in , in parts beyond seas, and therefore it was prayed that the Plaintiff may procure some sufficient person on his behalf to give security, according to the course of the court, to the two senior Six Clerks of this court, not to- wards the cause, in a bond of £ , conditioned to answer costs, in case the court shall think fit to award any, before the Defendants be obliged to put in their answer to the Plaintiff's bill, and that the De- fendant may have a fortnight's time to put in his answer to the Plaintiff's bill, alter the Plaintiff has given such security, which is ordered ac- cordingly. N. B. If the Plaintiff do not state himself abroad by his bill, this order is not granted, but on aflulavit of the Plaintiff's being abroad. Order to answer, mthout Oath or Attestation, upon Honor. Upon motion, &c. it was alleged, that the Plaintiffs are willing to accept the answer of the Defendant , without his attestation, upon honor, and the answer of the odier Defendants without oath ; and therefore it was prayed that the said may be at liberty to put in his answer to the Plaintiff's bill, without his attestation, upon honor, and that the other Defendants may be at liberty to put in their an- swer to the Plaintiff's said bill without oath ; which is ordered accord- Order for Time to anszeer on entering an Appearance. Upon motion, 5v.c. per Defendant, it was alleged, that the said De- fendant is in contempt to an attachment for want of his answer to the Plaintiff's bill, but that he is preparing his answer, and therefore it was prayed that he may have a week's time to put in his answer; where- upon it is ordered, upon the Defendant's entering with the register, by lus clerk, in two days, and consenting that the seijeant at arms attend- ing this court shall go against him, as in the case of a commission of re- bellion, retmned nnn est inventus, in case he shall not put in his answer to the Plaintiff's bill by the time hereinafter mentioned, that the said Defendant have time to put in his answer to the Plaintiff's bill. N. 13. If a corporation, it must be " that a sequestration shall issue," instead of '* the seijeant at arms." Order to anszcer separate, and Commission abroad to assign Guardian. Upon motion, &c. that the matters in difference in this cause arise in right of the said , the wife of the said , and she re- siding at present in the kingdom of , is advised to answer sepa- rate 59S ORDERS. rate from the said , her husband, and being an infant, and not having obtained any order for time, and not being in contempt; it was therefore prayed that the said Defendant may be at liberty to put in her answer to the Plaintift's bill separate from her said husband, and that a commissioq may issue, directed to the kingdom of , Sic. Order to answer separate. Upon motion, &c. per Defendant, it was alleged, that the Plaintiffs have exhibited their bill in this court against the Defendants, and she and the Defendant her husband have lived separate some years ; and therefore it was prayed that the said Defendant may be at liberty to put in her answer to the Plaintiffs' bill separate from her husband, which is ordered accordingly. Order to refer Defendant's u4nsKer to the Plaintiff's Bill to the Master for Impertinence and Scandal, Forasmuch, &c. per Plaintiff, that the Plaintiff, upon perusal of De- fendant's answer to the Plaintiff's bill, is advised the same is scandalous and impertinent ; it is thereupon ordered that it may be referred to Mr. , one, &c. to look into the Plaintiff's bill and the said De- fendant's answer, and certify whether the same be scandalous and im- pertinent or not. Order to refer a Bill for Scandal and Impertinence. Forasmuch, &.c. per Defendant, that the Defendant, upon the perusal of the Plaintiff's bill, is advised that the same is scandalous and impertinent ; it is thereupon ordered, that it be referred to Mr. , one, &c. to look into the Plaintiff's bill, and certify whether the same be scandalous and impertinent or not. Order to expunge the Impertinence of the Plaintiff's Bill, and to tax Costs on Motion. Whereas by an order, dated, &c. suggesting (insert the order of re- ference to the master), upon motion. Sec. per Defendant, it was alleged that the said master, in pursuance of the said order of the , made his report, and certified the Plaintiff's bill to be impertinent in the particulars therein mentioned ; it was therefore prayed, that it may b« referred back to the said master to expunge the impertinence ol the Plain- tiff's bill, and to tax the Defendant his costs in respect thereof, which is ordered accordingly. To accept BUI, paijing Costs out of Purse. Upon opening. Sec. it was alleged, that the Plaintiff, being advised to exhibit hiy bill in this coint asrainst the Defendant, to be rrlieved touching several matters, and, among other things, to oljlain an nijuuction to stay the Defendant's pror ecdings, served the Defendant with a subp(vna to appear to and answer the same, and the Defendant appeared accord- higly, ORDERS. S99 ingly, and (the bill not beins: filed in time) preferred costs for want tbiereof ; that the Phiintitf hath since tiled his bill, but llie Defendant's clerk in court refuses to accept the same, and therefore it was prayed that the Defendant's clerk in court may accept the Pluinliff's bill, on payment of the Defendant's costs, out of purse, which is ordered accord- ingly. Order for Commitment to t^risou of the Fleet, the fourth Answer being reported insuj/icient. Forasmuch, &c. per Plaintiff, that the fourth Answer of the said. Defendants to the Plaintiff's Dili hath been reported insufficient by Mr. , one, iJCc. by his report of the , it is thereupon ordered that t!ie said De^endant be examined upon interrogatories, before the said master, to the p >ints wherein his said answer is reported insufficient, and that he do stand committed to the prison of the Fteet until he shall fully answer the Plaintiff's bill, and this court make other order to the contrary, and the Plaintiff is to exhibit interrogatories be* fore the said master for the purpose. Qrder to examine a Defendant. Upon motion it was alleged, that the Defendant is a material witness for the Plaintiff, and no ways concerned in point of interest in the mat- ters in question in this cause, and therefore it was praved that the Plain- tiff may be at liberty to examine the said Defendant as a witness for him in this cause, saving all just exceptions ; which is ordered accordingly, of vv^^hich notice is to be <>iven forthwith. Order to examine Witnesses de bene esse. Upon motion, &c. it was alledged that are material witnesses for the in this cause. That it appears by the affidavit of that, &.C. (stale ofidavil) that be at liberty to examine the said as witnesses for him ni this cause, de bene esse. N. B. The witnesses names and ages must be specitied in the order as you Hnd them in the atiidavit. N. B. I'he depositions of witnesses examined dc bene esse, cannot be published witiiout an altidavit that they are d^ad, abroad, or not able to travel, unless they have been examined in chief, then they are published in the usual way. Order to enlarge Publication. Upon motion, &c. it was alledged that publication in this cause is to pass by . That the several material witnesses to whom he hath not been able to get examined by the time limited by the rules of the court (or) by the said order. And therefore it was prayed that pub- lication in this cause may be enlarged in this cause until , which is ordered accordingly. N. B. If 600 ORDERS. N. B. If the Defendant moves, and the cause is not set down, add the following words at the end. — " But this is not to hinder the Plaintiff setting down the cause in the mean time." Order to pass Publication. Upon motion, &c. il was alledged, that the Defendant having put in his answer to the Plaintiff's bill, the Plaintiff has replied thereto, and ■witnesses have been examined, and therefore it was prayed that publica- tion in this cause may forthwith pass, which upon reading, &c. is ordered accordingly. Order to enlarge Publication when it has passed^ Upon motion, &c. it was alledged, that publication by past before the could procure all his witnesses to be examined. Therefore, and in regard the has several material witnesses to ex- amine, as by affidavit appears. And inasmuch as the his clerk in court and solicitor have made the usual affidavits, that they have not seen, heard, read, or been informed of the depositions already taken in this cause until publication shall hereafter pass. It was therefore prayed that publication in this cause may be enlarged until , which, upon hearing, 8cc. read, is ordered accordingly. Order to use Depositions. Upon motion, 8cc. it was alledged, that these are cross causes, touching the several matters, and the are advised, that the depositions taken in one cause will be useful in the other, and therefore it was prayed that the depositions taken in either of these causes may be read and made use of in the other at the hearing of these causes, w hich is ordered accordingly, saving all just exceptions. Order to confirm a Report upon Commissioners Certificate or as to Purchaser. Upon motion, &c. And upon producing * a report made in this cause by Mr. one of the masters of this court, dated .f It is ordered that the said report, and all the matters and things therein con- tained, do stand ratified and contirnied by tlie order, authority, and decree of this court, to be observed and performed by all parties thereto, ac- cording to the tenor and true meaning thereof,;]: unles>|| the having notice hereof, shall, within eight days after such notice, shew unto thib court good cause to the contrary. * A certilicate dated the made by commissioners named in a commission issued out of this court for dividing the estate in questiou in this cause. I*s. B. the certificate must be tiled in the Six Clerks' Office. t If upon a purchase, introduce the following words. — " Whereby *' Mr. is reported the best purchaser of the estate therein menT " lioned, at the sum oi £ ," it is ordered, Sec. ORDERS. 601 + If the parties are many in number, 15 at least, and live remote, saj', <' unless the parties concerned, who are many in number, and live " remote from each other, their respective clerks in court having notice « liereof, &c." II If the bill has been decreed to be taken pro confesso against the De- fendants instead of unless, &.C. add the following words. — "The Plain- " tiff's bill having been decreed to be taken pro confesso against the " Defendants for want of their appearance, pursuant to the act of par- " liament, for making process in courts of equity eflfectual against persons " who abscond and cannot be served therewith, or who refuse to *' appear." Order to coirfirm Report by Consent of some Defendants, and nisi as to others. Upon, &c. (go to the words " unless," as in the foregoing order, and then say) Mr. of counsel for the Defendants consenting thereto, and unless the Defent^mts having notice hereof. Order to confirm a Report absolute. AVhercas by an order made in this cause, the day of , it was ordered that {order nisi) now upon, 8cc. It was alledged that due notice hath been given of the said order to as by affidavit appears, and that no cause is shewn to the contrary thereof, as by the register's certiticate also appears. And therefore it was prayed that the said order may be made absolute, which is ordered accordingly. jidnnttance of a Defendant in forma pauperis. The Defendant in respect of his poverty, whereof affidavit is made, is this day admitted by to defend this suit \x\ forma pauperis, and is hereby assigned for his counsel, and for his six clerk. Admittance of Plaintiff in form^ pauperis. The Plaintiff in respect of his poverty, whereof affidavit is made, is this day admitted by the right honorable to prosecute this suit in forma pauperis, and who hath signed the Plaintiff's petition, signifying his just cause of suit, is hereby assigned for his counsel, and for his six clerk. Order to serve an Attorney at Law. Upon motion, &c. it was alledged that the Defendant prosecutes the Plaintiff at law, and cannot be found to be served with a suhpana, as by affidavit appears, and therefore it was prayed, that service of a suhpanm to appear to and 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 affi- davit read, is ordered accordingly. Order 602 ORDERS. Order for an Election either to proceed at Law or Equity. Forasmuch, Sec. tliat the Plaintiff prosecute the Defendant both at law and in this court for one and the same matter, whereby he is doubly vexed. It is thereupon ordered that the Plaintiff, his clerk in court, and attorney at law having notice hereof, do, within eiiiht days after such notice, make his election in which court he will proceed, and if the Plain- tiff shall elect to proceed in this court, then the Plaintiff's proceedmgs 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 from thenceforth to stand dismissed out of this court, with costs, to be taxed by Mr. one, &c. N. B. The Defendant cannot regularly apply for this order 'till he has answered. Tlie Plaintiff cannot make a special election without leave, of the court. Election must be filed in the report office. Order to enter Order nunc pro tunc. Upon motion, fee. it was alledged, that the order made in this cause, the day of was drawn up, but by mistake was omitted to be entered, and therefore it was prayed that the said order may be entered nwtc pro tunc, which is ordered accordingly. Order to revive Proceedings, Upon motion, &c. it was alledged, that (state bill of revivor) that the suit being abated by the death of the said the Plaintiff hath sinc^ exhibited his bill of revivor in this Court against the Detcndant to \\hich he hath appeared, but his time for anszcering is expired. And therefore it was prayed that the said suit and proceedings may stand revived, and be in the same plight and condition as they were in at the time of the death of the said which is ordered accordingly. X. B. If the Defendant submits, say, instead of words in italics, " and put in his answer, and thereby submits the suit may be revived." Order to refer second Aiisicer. Upon motion, Sec. it was alledged that the Defendant having put in an insufficient answer to the Plaintiff's bill, and the Plaintiff having taken exceptions thereto, and the same being referred to Mr. one, ik,c. the said master reported the same insufficient, since which the Defendant hath put in a second answer, which the Plaintiff is advised is likewise insufficient. It is therefore ordered that it be referred to the said master to look into the said bill, answers, and exceptions, and certify whether the Defendant's second answer be sufficient or not. Order to refer second Answer on Submission. Jorasmu(,h, ^c. that the Plaintiff having taken exceptions to the insuf- ficiency of the Deleudaiit's answer, the Defendant submitted and hath since ORDERS. 603 since put in a second answer \vhich*the Plaintift' is advised is likewise in- sufficient. It is thereupon ordered that it be referred to Mr. one, &c. to look into the Flaintitf' s bill, the Defendant's second answer, and the Plaintiff's exceptions, and certify whether the Defendant's second answer be sufficient or not. Order for liberty to exhibit Interrogatories as to the Credit of a Witness. Upon motion, &c. it was alledged, that the Plaintiffs have examined A. B. as a witness for them in this cause, who is a person of ill fame, and the Dcfentlant hath exhibited articles in the examiners office, touching the credit of ihe said A. B. as by certificate appears. It was therefore prayed that the Defendant may be at liberty to exhibit interro^^atories for the examination of witnesses to the credit of the said A. B. which is ordered accordingly. Order for a Seijeant at Arms. Whereas the Defendant sits out all process of contempt to a commis- sion of rebellion, for not answering the Plaintiff's bill, and doth so abscond himself that he cainiot be found to be apprehended, as by the return of the said commission of rebellion now produced appears. It is, on the motion of , of counsel for the Plaintiff, ordered that the Serjeant at arms attending this court do apprehend the Defendant, and bring him to the bar of this court, to answer his said contempt. Where- upon sucli further order shall be made as shall be just. Order for Serjeant at Arms for zcant of Examination, unless Defen- dant pnt^ it in in four Daj/s. Forasmuch, &c. that by tlie decree made on the hearing of this cause, all parties were to be examined on interrogatories before Mr. one, &.c. touching the matters in question. That it appears by the said master's certilicate, dated tlie day of , ilmt (state cerfijicate.) It is there- fore ordered that the Defendant do in four days after personal notice hereof to his clerk in court, put in his examination to the Plamtiff's in- terrogatories, or in default thereof, that theserjeant at arms attending this court, do apprehend the Defendant and bru)g him to the bar of this court, to answer his contempt, whereupon such further order shall be made as shall be just. Order for Serjeant at Arms for want oj' further Examination. Upon motion, 8cc. it was alledged, that by an order of the it was referred to Mr. one, &c. to examine and certify whether the Defendant's exception put in to interrogatories exhibited by the Plaintift* pursuant to the decree in this cause was sufficient or not. That the said master by his report of the certitied the Defendant's said exami- nation to be ijasutlicieut, since which the Defendant hath not put in any further 604 ORDERS. further examination, and therefore it was prayed, that tlie Defendant may in four days after notice hereof to his clerk in court, put in his further examination to the said interrogatories, or in default thereof, that the Serjeant at arms attending this court, may apprehend the Defendant and bring him to the bar of this court to answer his contempt, which is ordered accordingly, and thereupon such further order shall be made as shall be just. Order to produce Books in four Days, or a Serjeant at Arms. Upon opening, &c. it was alleged, that by the decree made on the hearing of this cause, the parties were to produce upon oath, before Mr. , one. Sic. all books, papers, and writings, in their cus- tody or power, relating to the matters in question ; that it appears by the said master's certificate, dated, &.c. that. Sec. and tlierefore it was prayed that the Defendant may, in four days after personal notice hereof to his clerk in court, produce before the said master, upon oath, all books, papers, and writings, in his custody or power, pursuant to the said decree, or, in default thereof, that the serjeant at arms, ike. as be- ioje. Order for a Serjeant at Arms on the Return of a Messenger. Forasmuch, Sec. that the Defendant, sitting an attachment in contempt for want of his answer to the Plaintift's bill, and being arrested, and a cepi corpus returned thereon, tlie messenger of this court was, by order of , directed to take the Defendant in his custody, and bring him to the bar of this court to answer his said contempt, but the De- fendant doth now so abscond and secrete himstlf that he cannot be found, notwithstanding diligent search and inquiry hath been made after liini by the messenger, as by the nicssenger's reluin appears. And the Defendant still persisting in his contempt, and inasmuch as by the rules of tills court a sequestration cannot issue on any process returned nan est irnentus, but on the return of the serjeant at arms attending this court, it is ordered that the serjeant at arms, Sec. Order for a Sequeslralion against a Member of Parliament. Upon motion, Sec. it was allcdged, that the Defendant who is a * mem- ber of j)arliament, hath been served with a copy of the PlaintifFs bill, ajid a subpana to appear to and answer the same, to which he hath ap- peared accordingly, but hath not put in his answer thereto, though his lime for so doing is expired. It is thereupon ordered, that a commission of .sequestration do issue, directed to certain con)niissioi)ers to be therein named, lo .sequester the Defendant's personal estate, and the rent.s, is.sues, :Mid profits of his real estate, until the Defendant shall fully answer the Plainlirt's bill and this Com t make oihcr order lo the contrary, unless the Defendant having personal noticehcreof, shall, within eight days alter inch notice, shew unto this court good cause to the contrary. * N. B. lithe Defendant be a peer, say: — *' ^^ho is a peer of this " realm, hath been served with a copy of the Plaintiff's bill, the letter " of the right lioiu»i:tb|(; iIk- lord high chancellor ol Ureal Britain, aiid " a subpana lo :ipp« ar," »n.c. Order ORDERS. 605 Order for a Sequestration, on return of Serjeant at Arms. Whereas the Defendant sits out all process of contempt to a Ser- jeant at arms, for not answering the PlaintifTs bill, and doth so abscond himself, that he cannot be found to be apprehended, as by the return of the Serjeant at arms now produced appears, it is, on the motion of Mr. of counsel for tiie Plaintiff, ordered, that a commission of sequestration do issue, directed to certain commissioners, to be therein named, to sequester the Defendant's personal estate, and the rents and profits of his real estate, until the Defendant shall answer the Plaintiff's bill, clear his contempt, and this court doth make other order to the contrary. Order for a Distringas. Upon motion. Sec. it was alledged, that the Defendant hath appeared to the Plaintiff's bill, and is in contempt for want of his answer, and therefore it was prayed that a distringas may issue against the Defendant, returnable immediately, to compel him to put in his answer to the Plaintift's bill, which is ordered accordingly. Order for an Alias Distringas. Upon motion, Sec. that, pursuant to an order, dated, &c. a distringas was issued against the Defendant for his contempt, in not answering the Plaintiff's bill ; that the Defendant still persists in his contempt, and therefore it was prayed that an alias distringas may issue against the De- fendant for his contempt, in not answering the Plaintiff's bill, which is ordered accordingly. Order for Pluries Distringas. Upon motion, &c. that, pursuant to an order, dated, &c. an alias dis- tringas issued against the Defendant for want of his answer to the Plain- tiff's bill, and he still persists in his contempt, and therefore it was prayed that apiaries distri/igas may issue, Sec. Order for a Distringas against a Body Corporate. Upon motion, 8cc. it was alledged, that the Defendants have ap- peared to the Plaintiff's bill, and are in contempt for want of answer, and therefore it was prayed that a distringas may issue against the Defend- ants, returnable immediately, to compel them to put in their answer to the Plaintift's bill, which is ordered accordingly. Order for a Sequestration, on Distringas, et Alias, et Pluries Distringas. Upon motion, &c. it was alledged, that a distringas et alias, et pluries distringasheing awarded against the Defendants, for want of their answers to die Piaiutift'a bill, the same are returned, and the Defendants still persist €06 ORDERS. persist in their contempt ; it is thereupon ordered, that a commission of sequestration do issue, directed to certain commissioners, to be there- in naiTjed, to sequester the Defendants' personal estates, and the rents and profits of their real estates, until the Defendants shall answer the Plain- tifif's bill, clear their contempt, and this court make other order to the contrary. Order for Sequestration against Defendant in Prison, for Son-pay- ment of Monei/, pursuant to Decree. Upon motion, Sec. it was alledged, that an attachment having been made out against tiie Defendant for breach of execution of orders, and a report in not paying to the Plaintiff, directed by the sheriffs of L. It appears, by the return of the sheriff*, that the Defendant is a prisoner in the Fleet. It is thereupon ordered, that a commission of sequestra- tion do issue, directed to certain commissioners to be therein named, to sequester the Defendant's personal estate, and the rents and profits of his real estate, until the Defendant shall pay the said sum of , clear his contempt, and this Court make other order to the contrary.* * The Defendant must be a prisoner in the Fleet before a sequestra- tion can issue. Order to confirm Judgment on a Writ of Error, notzcithstanding I)ij unction. Upon motion, &c. it was alledged, that the Defendant, having obtained judgment at law against the Plaintiff", brought a writ of error, which is itill depending, and hath exhibited his bill in this court, and obtained an injunction for stay of the Defendant's proceedings at law ; it was therefore prayed that the Defendant may, notwithstanding the said injunction, pro- ceed at law, to affirm his said judgment on the said writ of error, which is ordered accordingly. Order for a Subpana Scire Facias. Upon motion, &c. it was alledged, that this cause was heard on the , and the decree then made therein hath been since signed and in- rolled, since which the Plaintiff is dead, having made his will, and thereof appointed A. B. executor, who hath proved the same; and therefore it was pra\ed that a subpatia may be awarded against the said A. 13., in the nature of a siibpana scire facias, for the said A. ]5., at the return thereof, to shew cause why he should not perform the said decree, as the said Plaintiti should have done, if he had been living, which is ordered accordingly. Order to revive by Subpana Scire Facias. Whereas by an order of the suggesting. Sec. (state order). Now upon motion, ijvc. it was alledged, that the said , liaving Ijeen served with tlic .said aubpana, appeared thereto, and the return of the said subpana bfing out, and liie said having shewn no cause why the said proceed- ings should nut bn revived, and the said decree performed, it was there- fore ORDERS. 6(J7 fore prayed that the said suit and proceedings may stand revived, and be in the same phght and condition as they were in at the time of the death of Plaintiff, which is ordered accordingly. Order for Senior Six Clerk to be assigned as Guardian to Infant, after brought into Court by Messenger. Whereas, by an order, dated. See. (nextfol/owing). And whereas the infant was this day brought to the bar of this court, by the niesseno^er, pursuant to the said order, it is, on the motion, ^c. ordered, that the senior six clerk, not towards the cause, be guardian to the Defendant the infant, by whom he may answer the FiamtilF's bill, and defend this suit. Order for a Messenger to bring an Infant into Court fo have a Guardian. Upon motion, &.c. it was alledged, that the Defendant is in contempt for not appearing to and answering the Plaintitli's bill, and is an infant, and therefore it was prayed that the messenger attending this court may take the said infant, and bring him into this court, to have a guardian assigned ium, by whom he may answer the PlaintifF's bill, and defend this suit, which is ordered accordingly. Order when the Court appoints the Defendant a Clerk in Court, to ap- pear pursuant to the Act. ForafBHiUch as the Defendant was this day brought to the bar of this court, by virtue of a writ of habeas corpus, directed to the warden of the Ftect, to answer his contempt, in noi appearing to the PlaintiiF's bill, and now rehisnig or neglecting to enter his appearance, or to appoint a cltik in court to act on his behalf, and Mr. , of counsel for the Phiin- tifF, now moving that the court would, pursuant to the late act of par- liament in that case made and provided, appoint one of the sworn clerks of this court to enter an appearance for the Defendant, in order Uiat the PJaintifFmay proceed in liis cause as if the Defendant had actually appeared; and the court now appointing A. B. one of the sworn clerks of this coiiit, to enter an appearance for the Defendant to the Plaintiff's bill, it is ordered, that the Defendant, upon paying the Plaintiff his costs of this contempt, and the warden of the Fl^et his fees, be discharged out of the custody of the warden of the Fleet, upon the said contempt. Order for an Jlias Habeas Corpus cum Causis, zchere Defendant zca? not brought up bif Habeas Coipus. Whereas the Defendant, being in contempt to an attachment for not appearing to and answering the Plaintiffs bill, and being a prisoner in the gaol of the county of C. an alias habeas corpus cum causis was awarded, directed to the sheritif of the said county, at the return thereof, to bring the Defendant to the bar of this court, to answer his said contempt ; but the Defendant hath not been brought up accordingly. It is thereupon, on the motion of Mr, , of counsel for the Piaintiii, ordered, that aliai habcax 60S ORDERS, habeas corpus cum caiisis do issue, directed to the said sheriff of the county of C, at the return thereof, to bring the Defendant to the bar of this court, to answer his said contempt. Order fur Defendant to appear, pursuant to the Stat. 5 Geo. II. Forasmuch, &c. that the Plaintiff", on the day of , filed his bill in this court against the Defendant, as by the six clerks' certiticate appears, and took out process o( subpcena returnable, requiring him to ap- pear to and answer the same, but the Defendant hath not so done ; and that, upon inquiry at Defendant's usual place of abode, he is not to be found so as to be served with such process, but is gone out of the realm, or doth otherwise abscond, to avoid being served therewidi, as by affida- vit also appears; and the said certiticate and affidavit being now read, it is ordered that the Defendant do appear to the Plaintiff's l)ill on or before the day of Clerk in Court to attend. Upon motion, 8cc. it was alledged, that the Defendant, being served %vith process to appear to and answer the Plaintiff's bill, appeared ac- cordingly, but stood out all process of contempt to a sequestration for want of his answer, and a commission of sequestration, under the great seal, was awarded against him, notwithstanding which the Defendant still persisting in his contempt, it was therefore prayed that, Sec. Order for Clerk in Court to attend at the Hearing, zcith the Record of Bill, to have it taken pro Confesso. Upon motion, &,c. it was alledged, that, by an order of , it was ordered that the Defendant should appear to the Plaintiff's bill on or before . That the said order had been inserted in the London Gazette, and published in the parish church of the Defendant, a copy thereof being posted up at the Hoyal Exchange, in London, pursuant to the directions of the late Act of Parliament, for making process in courts of equity effectual against persons who abscond, as, by the said order, the affidavit of and the London Gazette of now produced appears, notwithstanding which, the Defendant hath not appeared to the Plaintiff's bill. It was therefore prayed, that the Plaintiti's clerk in court may attend at the hearing of this cause, with the record of the Plaintiff's bill, in order to have the same taken p/o confesso against the Defendant, which is ordered accordingly. Order for a Messenger on a Cepi Corpus. Upon motion, Sec. it was alledged, that the Defendant, being in con- ten)pt {<> an attachment, for want of his answer to the Plaintiff's bill, an atlachmrnt issued against him, diiected lo the shcrilf of , who has returned a ccpi corpus thereon, and lliertf(;re it was prayed that the messenger atteuding ihjs court may apprehend the Defendant, and bring hiui ORDERS. 60y him lo the bar of this court, to answer his said contempt, w])ich is or- dered accordingly, and thereupon such further order sliall be made as shall be just. Order that Defendant he turned over to the Fleets and Habeas Corpus cum Causis directed to Warden. 7'he Defendant, being this day brought to the bar of this court, by virtue of a writ of habeas corpus cimi cansis, directed to the sheriff of lo answer his contempt, for not pulling in his answer to the PlaintifTs bill, and the Defendant still persisting in his contempt, it is, on the mo- tion of, 8cc. ordered, that the Defendant be turned over to the prison of the F/eet, and that a writ of habeas corpus cum causis do issue, directed to the warden of the F/ccf, for him, at the return hereof, to bring the Defendant to the bar of this court, to answer his said contempt. Where- upon, &:c. Order for the Defendant to be turned over to the Fleet. Whereas, by an order of, Sec. it was ordered, that the messencfer at- tending this court shoidd apprehend the Defend;int, and brin*j- him to the bar of this court, to answer his contenipl, in not answer ino' the Piain- titi's bill, and the Defendnnt being this day brought to the bar of this court, pursuant to the said order, to answer his said contempt, and the -Defrndiint now persisting therein, it is, on the motion, &c. ordered that the Deteudant be turned over to ilie pnson of die Fleet, and remain there till he has cleared his contempt, and this court make other order to the contrary. jinother Order for Habeas Corpus. It wasalledged that the Defendant, being on the brought to the bar of this court by the messenger attending this court, for his con- ten)j)t, in not putting in his answer to the PlaintiH's bill, it was ordered that the Defendant should be turned over to the prison of the Fleet, there to remain until he shall have cleared his contempt, and this court have made odier order to tlie contrary. '^Jliat the Defendant, hav- ing been turned over to the prison of the Fket accordingly, and still per- sistiiig in his contempt, it is therefore Ordered, that a habeas corpus cum causis do issue, directed to the warden of the Fleet, at the return thereof, to bring the Defendant to the bar of this court, to answer his contempt, whereupon such furdier order shall be made as shall be just. Order for Habeas Corpus, on Defendant beifig in Cusfodi/. Upon motion, Sec. it was alledged, that an attachment iisving been made out against the Defendant, for want of his ans\^er, he hath returned a cepi corpus thereon. It appears, by the return of the sheriff, that the Deteudant is a prisoner in his custody ; it was therefore praytd thai a habeas corpus cum causi-s may issue, directed, &c. fi R Order 610 ORDERS. Order for Habeas Corpus, directed to the Warden of t]ic Fleet. ^^ hereas the Defendant was, on brought to t!ie bar of this court, b)' virtue of a writ of habeas corpus cum causis, directed to, &c. for his contempt, in not answering the Plaintiff's bill, and the Defendant then persisting in his contempt, it was ordered that he should be turned over to the prison of the Fleet, and remain there till he should clear his contempt, and this court make other order to the contrary; now, upon motion, &c. it was alledged, that the Defendant hath not cleared his contempt for w ant of his answer to the Plaintifi^s bill, and therefore it was prayed that a writ of habeas corpus cum causis may issue, directed to the warden of the Fleet, requiring him, at the return thereof, to bring the Defendant to the bar of this court, to answer his said contempt, which is ordered ac- cordingly, and such further order shall be made as shall be just. Order for Defendant to be remanded to the Fleet, and for an Alias Habeas Corpus. Tlie Defendant, being this day brought to the bar of this court, by virtue of a writ of habeas corpus cum causis, directed to the w ardeu of the Fleet, to answer his contempt, in not answering the Plaintiff's bill, and the Defendant now persisting in his contempt, it is, on the motion, &.C. ordered that the Defendant be remanded back to the prison of the Fleet, and that a writ of alias habeas corpus cum causis do issue, directed to the warden of the Fleet, requiring him, at the return thereof, to bring the Defendant to the bar of this court, to answer his said contempt. AVhereuponsuch further order shall be made as shall be just. Order for F)efendant to be remanded to the Fleet, and a Pluries Alias Habeas Corpus. The Defendant, being this day brought to the bar of this court, by vir- tue of a writ of alias habeas corpus cum causis, directed to the warden of the Fleet, to answer his contempt, in not answering "the Plaintiff's bill, and the Defendant now persisting in his contempt, it is, on the motion, .\c, ordered that the Defendant be remanded back to the prison of the Fleet, and that a writ of pluries habeas corpus cum causis do issue, directed to the warden of the Fleet, requiring him, at the return thereof, to bring the Defendant to the bar of this court, to answer his said contempt. Whereupon such further order shall be n)ade up as shall be just. Order for Defendant to be remanded to the Fleet, and for Alias Pluries Habeas Corpus, and Clerk in Court to attend. The Defendant, being this day brought to the bar of this court, by vir- tue of a writ of pluries habeas corpus cum causis, directed to the warden of tlie Fleety to answer his contempt, in not answering the PlainlitFs bill, and the Defendant now persisting in his contempt, il is, on the motion, &c. or- dered, that the Defendant be remanded back to the prison of the Fleet, and that a wiit of alias pluries habeas corpus cum causis do issue, directed to the warden of the Fled, requiring him, at the return thereof, to bring the Defcudant ORDERS. 611 Defendant to the bar of this court to answer his said contempt, and that the Plaintilf's clerk in court do then attend with the record of the PlaintitT's bill, in order that the same may be taken pro confesso against the Defendant, Order to speed a Cause. Whereas Mr. , of counsel for the Defendant, this day moved and oft'ered divers reasons unto the court that the PlaiiUift''s bill may stand dismissed out of this court, with costs, for want of prosecu- tion, in the presence of Mr. , of counsel for the Plaintiff; whereupon, and upon hearing what was alledged by the counsel on both sides, it is ordered that the Plaintiff do speed his cause, (or) (ij any other terms refer to minutes.) . Order to revive. Upon motion, &c. (state the proceedings as in bill of revivor) that the. said suit abating by the death of the said A. B., the Plaintiffs have since filed their bill of revivor in this court against the Defendant, to M-hich they have appeared, * but their time for ansKering being expired^ it was therefore prayed, that the said suit and proceedings may stand re vived, and be in the same plight and con lition as they were in at the time of the death of the said A. B., which is ordered accordingly. * If they have answered, instead of the words in italics, say, and " put in their answers, and thereby submit to have the suit revived " against them ; and therefore it was prayed, &c." Order to prove Exhibits. Upon motion, &c. it was prayed, that the Plaintiff may be at liberty to examine one or more witnesses, viva voce, at the hearing of this cause, to prove, (specify the exhibits) saving all just exceptions, which is ordered accordingly, and hereof notice is forthwith to be given* Order for further Time. Upon motion, &c. it was alledged, that the Defendant, on . . ^» obtained an order for time to put in his answer to the Plaintiff's bill ; that the Defendant is preparing his answer, but cannot perfect the same by the time limited by the said order, therefore, and m rcijard, the said Defendant is not in contempt, it was prayed that the Dtfendant may have further time to put in liis answer to the Plaintiff's bill, which is ordered accordingly. But this is to be peremptory. Order for further Time on third Application. Upon motion, &c. it was alledged, that the Defendant has haa two several orders for time to put in his answer to the Plaintiff's bill, the first dated for , and the last dated for , which last was to be peremptory ; that the Defendant is preparing his answer, but can- R E 2 not 612 . ORDERS. not perfect the same by the time limited by the said last order, there- fore, and in regard, the Defendant is not in contempt, it was prayed, that the Defendant may have further time to put in his answer to the Plaintiff's bill, whereupon it is ordered, that the Defendant have further time to put in his answer to the Plaintiff's bill, the Defendant, by his counsel, consenting to ask no further time. Order to refer it to the Master to see (i;ho set CoumeVs Natne to Bill. Upon motion, &,c. it was alledged, that the Plaintiff having exhibited his bill in this court against the Defendant, the Defendant, upon look- ing into the same, is advised the name of , set thereto as the counsel who signed the bill, is not of his hand-writing, or put thereto with his privity. It is thereupon ordered, that it be referred to Mr. , one, &.C. to look into the Plaintiff's bill, and examine and certify whe- ther the name of , set thereto, is of the hand-writing of the said , or was set thereto with his privity. Order for a Guardian to an Insane Versoyi. Upon motion, &c. it was alledged, that the Defendant is a person of insane mind, and not capable of understanding the Plaintiff's bill, or putting in answer thereto, as by affidavit appears, (uvrds from ajfidavit); and therefore it was prayed, that the Defend; articles of agjeement, bearing date, Sec. it is recited and agreed as foliow-«, that is to say, (agreement verbatim), ^tow, upon motion, &.c. and upon producing one part of the said articles, under the respective hands and seals of , and piaying that the same may be made an order of this court, it is ordered, that the said agree- ment bf made an order of this court, to be observed and pertormL-d by the parties thereto, according to the tenor and true meaning thereof, Mr. , of counsel for , consenting thereto. Order to examine Feme Coverts separately. Upon motion, Sec. (state case) it is ordered, that the said , the wife of , and , the wife of , do severally attend justices,* Sec. or any of them, be solely and secretly exan\ined bv them separate and apart from their said husbands, how, and in what manner, and to what uses, they are severally willing and de- sirous may be paid and applied ; and the said , or any of them, who shall take such oaminations, are to take the same in writing signed by the said respectively, and to certify the same, in writing, under their hands, and tlie signing of the said , and such certifici'es, are fo be venticd by afhdavii; and, upon the rtturn of iuch corliticatej, such fiuther order shail be made as shall bo just. * ii they reside hi America, to attend counsellors and attornies, of , and aldermen of the same, and such certificate to be verified by the seal of the province annexed thereto. Order to dissohe an Injunction, unless Cause revived. I'pon motion, Scc. it was alledgcd, that the Plaintiff is lately dead, having inad.e his will, and appointed executors thereof, who proved ORDERS. 615 proved the same, but liave not thought fit to revive this suit, and the said PhiiiitifF having, in his life-time, obtained an injunction to stay the Defendant's proceeding's at law for the matters here in question. It was therefore prayed, that the said , the executors of the said Piaintitl', may, in after notice hereof, exhibit a bill of re- vivor against the Defendant, in order to revive this suit, or Jn default thereof, that the said injunction may be dissolved, whicli is ordered ac- cordingly. Order to anszcer by Committee. Upon motion it was alledged, that die Plaintiflf hath exhibited his bill ill this court against the Defendant, therefore, and in regard a commis- sion of lunacy hath issued against the Defendant, and he haUi been found a lunatic thereon, and hath been appointed his commit- tee, it was prayed, that the Defendant may be at liberty to put in his answer to the Plaintitl's bill by the said , his committee, and may have a commission, &c. which is ordered accordingly. Order for Sheriff to make return on Attachment. Upon motion, &c. it was alledged, that an attachment having is- sued against the Defendant for want of his answer to the Plaintiffs bill, returnable the day of , the sheriff of , to •whom the said attachment was directed, refuses to return the same. It is thereupon ordered, that the said sheriti of do forthwith make his return on the said attachment. Order to vacate Recognizance of a Receiver. Upon opening, &c. it was alledged, that (order to appoint a receiver) that, pursuant to the said order, the said master appointed re- ceiver of who thereupon, together with and , as his sureties, by the names and additions of , (take the exact words from recognizance) did, on , enter into a recognizance unto in the penalty of , wiili condition, iicc. And thereupon it was prayed, that the said recognizance, so entered into by the said , together with the said and , his sureties as aforesaid, may be vacated, which is ordered accordingly, and for that purpose the proper officer is to attend with the record of the said recognizance. Order for a Writ of Supplicavit. Upon opening, &c. and upon producing certain articles of misde- meanor exhibited agahist , and attested by , and hearing the same read, it is ordered that a special writ of supplicavit do issue according to the statute in that case made and provided, and the security to be taken thereon, as to the said , is to be in the sum of ^ f and he is to find sureties in the sum of £ Order 616 ORDERS. Order for a Commission to set out and distinguish Copyhold from Freehold Lands. Let a cominission issue, directed to certain commissioners to be therein named, to set out, distinguish, and divide the cop\hold lands comprised in the deed of, &c. or any of ihem, from the freehold lands, and to ascertain the boundaries thereof; and the commissioners are to set out, distinguish, divide, and ascertain the same accordingl)^. AwA after the lands shall be so set out lespectively, tiie Defendrmt is to deliver possession thereof to the Plaintltf, and the Plaintiff and his heirs are to hold and enjoy the same against Defendant and his heirs, or any person or persons claiming under him, as parcel of tiie manor of, ike. And let all parties produce before the commissioners all court-rolls, court-books, copies of court-rolls, deeds, and other writings, relating to the lands in question, in their custody or p'nver, upon oath, to be in- spected by the commissioners, or by the parties, or their agents, as the commissioners shall think tit, and the parties are to be at hberiy, at their own expense, to take copies thereof. Order to see tchich Bill is most for Iiftnit's Benefit. Upon motion, Sec. it was alledged, that bills have been exhibited in this court in the name ot the FlaintiiT, the infant, one by , as his next friend, and the other by , as iiis next friend, touching one and the same matter ; and therefore i: was prayed that, &.c. Order to deliver Long Annuili/ Orders out of the Bank. Upon opening, &c. it is ordered, that the long annuity orders fallowing, that is to say, No. , dated, &c. for and No. , dated, '>s.c. for , placed to the credit of this cause, be, together with the tallies belonging thereto, delivered out of the bank with the privily of the Accountant-General of this Court, and assigned by him to . _ Order for arguing Exceptions. The matter of the exceptions taken by the report, made in tins cause by Mr. , one, &.c. dated, 6cc. coming on. Sec. to be argued before , in the presence of counsel learned, for , upon opening and debate of the Defendant's fnsi exception, and hear- ing read, and what was alledged,' ike. held the said first exception to be insidhcient, and doth therefore order that the same he over ruled, and the 3:iid second exception being for that, &c. nj)on debate, 8cc. doth order, on the said second exception, that, i!<,r. and that the sum orc£ , deposittd by , with the register, on the tiling of the said cxccpttous, be paid to {or be divided ii lneiiL ). Order ORDERS. 617 Order to take Issues pro Confesso. Upon opening, &,c. unless the PluintifFs in the issues do proceed to the trial tli' reof some time in , it is ordered that the said issues be taken pro coifcsso as if the same had been tried and found against iheni, without further motion. Order on arguing Fica and Demurrer, rc/iere over-ruled — Variations loliere tlie)j are allowed, and zcheu ordered to stand for an Ansxcer. The matter of the plea and demurrer put in by the Defendant, to the Plaintiff's bill, coining on this present day to be argued before , in the presence of couiisel learned, for ; and the said plea and deuuurer l>eing opened *, upon debate of the matter and hearing, Sec. held the sai.l pica and demurrer to be insufiicitnt, and dotjj therefore order that the same be over- ruled. * If they are allowed, it will run thus : — •" and the same being as to ** so much of the Plaintiff's bill, S;c. the Defendant, l)y li)e said de- '* murrer, insisting, Sec. upon debate, &c. held the Defendant's " said plea and demurrer to be good and sufficient, and therefore doth *' order that the same do stand and be allou'ed, and that the sum ** of £ be deposited by the Deiendant, with the register, on selting " down the said plea and dennnrer to be argued, be paid back to the " Defendant." -And thus, if they stand for an answer: — "the matter, &:c. and the " said plea and demurrer being opened upon debate, &c. doth order, *' that the said plea do stand for an answer, with liberty for the Plaiiiliff " to except thereto, and the bcneiit thereof is heicby saved unto the " Defendant until the hcarin" of this cause." Order for Sale of Annuilies, and Fai/ineut of Cash out of Bank. Upon opening, 8ic. it is ordered, that the annuities standing in die name of the Accountant-General of this court, in trust in this cause, be sold widi the privily of the said Accountant-general, and one of ihe cashiers of the Bank is to have notice to attend such sale, and receive the money arising thereby, "ho, on receipt thereof, is to pay the same into the Bank, to be placed to the credit of this cause ; and when liie said money shall be so paid into the Ba\)k, it is ordered, that the same be paid to , and for that purpose the said x\ccountant- General is to draw on the Bank, according to the form prescribed by act of parlianient for relief of the suitors of this court, asid the general rules and orders of this court in that case made and providtd. Order for Ne Exeat Regno. Upon motion, ?vC. it was alledged, that it appears bv the aflidavit of (state ajfidavit) to be relieved, wherein the Plaintiff hath filed his bill in this court against the Dtfeudant, as by the sJx clerks' certificate appears. It was therefore prayed, that a writ of ne exeat regno may be awarded against the Defendant until he shall fully answer the Plaintiff's bill, and this court make other order to the cmitrary, w hich. 6" IS ORDKKS. which, upon rending the said affidavit, is ordered accordingly ; and the said writ is to be jnarkcd in the sum ot" j£ , in words at len^^th, and uot iu figures. Order to disalloic Cause, and dissolve Injunctiot. Whereas by an order of tlie , for tlie reasons therein con- tained, it was ordered, that, &,c. Now, upon motion, &c. who came to shew cause against the said order, and moved and offered divers reasons for discharge thereof, and for continuance of the said injunction, in the presence of Mr. , of counsel for the Defendant ; where- upon, and upon hearing of what was alledged by the counsel on both sides, his Lordship doth disallow the cause now shewn, and doth there- fore order that the said injunction do stand dissolved. Order to adjourn Petition. Counsel for this day attending touching the matter of a pe- tition, preferred by the said unto , on , his Lordship doth order, that the matter of the said petition do stand adjourned to the next day of petitions. Order to answer VincuUs, fourth Answer insufficient. Forasmuch, &c. that the Defendant's fourth answer to the Plaintiff's bill hath been reported insufficient by Mr. , one, &c. as by the said master's report, dated, &c. now produced and read, appears. It is thereupon ordered, that the Defendant do stand committed to the prison of the Fleet until he shall fully answer the Plaintiff's bill, clear his contempt, and this court make other order to the contrary. Order to add an Interrogator!/ to those exhibited. L'pon motion, &c. that this cause being at issue, a commission issued for the examination of witnesses, returnable, &c. that the Plaintiff is ad- vised it will be material for him to add an interrogatory to those already exhibited ; and therefore it was prayed, that the Plaintiff may be at liberty to add an interrogatory to those already exhibited on the said commission, which is ordered accordingly. Order to answer Exceptions to a Decree of charitable Uses. Upon motion, &c. of counsel for the exceptions, it was alledged, that the exceptants, on , tiled exceptions to a decree of charitable uses, made by coiuniissioners on bel-ulf of the poor of , since which the respondent hi»tl» >'ot put in any answer thereto, as by certifi- cate appears. It is thereupon ordered, that the respondent do answer the said exceptions in after personal notice thereof, or in de- fault thereof, that the said exceptions be taken j^ro confesso, and the said decree ic versed. Order ORDERS. 6lQ Older to add an Interrogatory as to Ex/iibits, Publication hating passed. Upon motion, &c. that the PlaintifF is advised to prove the following exliibits, that is to say, &c. ; but publication having passed he cannot do it without the leave of the coint. It was therefore prayed, that the Plaintiti" may be at liberty to exhilnt an inlerrogafory in the examinor's office, and to examiiu; witnesses thereon to prove the said exhibits, not- withstanding publication is passed, which is ordered accordingly. Order to make Azcard an Order of Court. Upon motion, &c. and praying the writing of award hereafter men- tioned, bearing date, ik,c. under the respective hands and seals of , and by them sealed and delivered, being first duly stamped in the pre- sence of , may be made an award of this court; and the said writing of award being now produced, the same appears to be as fol- lows, tliat is to say — To all people, lSLc. Whereupon, and upon hearing, &c. and an affidavit made by tFie said read, his Lordship doth order, &c. Order to amend Bill hy making some of the Plaintiffs Defendants. Upon motion, &c. it was alledged, that the present Plaintiffs, toge- ther with , having exhibited their bill in this court against the Defendants, the Plaintiffs are advised to strike out the names of the said from being Complainants, and to name the said Com- plainants Defendants to the said bill ; and therefore it was prayed, tliat the Plaintiffs may be at liberty to amend their bill, without costs, by stiiking out the said from being Complainants^, and by makin"- them Defendants ; which is ordered accordingly. Order for Time for Husband and Wife to answer separate, althotigh Defendants do not live separatco Upon motion, &c. of counsel for the Defendant, (the wife) it was alledged, that the Defendant (the husband) is made a Defendant to the Plaintiff's bill, in right of the said Defendant (his wife); that the said Defendant (the wife) is advised to put in her answer separate from the said Defendant (her husband); therefore, and in regard, the said De- fendant (the wife) hath not obtained any order for time, and is not in contempt, it was prayed, that she may be at liberty to put iu her answer to the PlaintifPs bill separate from her said husband, and may have weeks time for that purpose, and which is ordered ac- cordingly. Order for arguing Demurrer in. Petty Bag. The matter of the demurrer put in for the Plaintiff to the Defendant's plea to the Plaintiff's declaration in the petty bag coming on this present day to be argued before , in the presence of counsel learned on both sides. Upon opening and debate of the matter, and hearing, 620 ORDERS. hearing, 8cc. his Lordship doth order, that the said Plaintiflf have judg- ment, unless the Defendant shall on shew unto this court good cause to the contrary. Demurrer to adjourn. The matter of the demurrer put in by the Defendant io the Plaintiff's bill, standing this present day in the paper of pleas and demurrers to be argued before , in the presence of counsel learned on both sides ; and (state reason) his Lordship doth order, that the said demurrer do stand adjourned over to the next day of pleas and demurrers. Order io confirm Proceedings under Act 5th George III. Upon opening, &c. that the Plaintiff having exhibited his bill in this Couvt against Defendant, and sued out a subpoena to compel him to appear and answer the same, and the Defendant absconding to avoid being served with such subpoena, the Plaintiflf proceeded against him pursuant to the act of parliament made in the 5th George HI. intituled " An Act for making Process in Courts of Equity effectual against those ** who abscond and cannot be found to be served therewith, or who " refuse to appear thereon," obtained a decree, whereby it was ordereil and decreed, &c.; that, pursuant to the said decree, the master msde his report, bearing date, &c, which stands absolutely confirmed by order of , and thereby certified that, &,c. ; that by an order, dated, 8;c. (order of foreclosure) that the Plaintiff having found the Defendant, did^ on , cause him to be served with the said decree, report, and order for confirming the said report and order (of foreclosure), as by affidavit appears, notwithstanding which the Defendant liatii not ap- peared to the plaintiff's bill, as by the six clerks' certificate appears, and tlierefore it was prayed, that the said decree, report, and orders of may, pursuant to the said act of parliament, stand absolutely confirmed against the J3erendant, his executors and administrators, and all persons claiming or to claim by, from, or under him, them, or any of tliem, by virtue of any act done, or to be dears by the certificate of the said she- riff, that the Defendant was, on taken into the custody of the said sheriff, and is now detained in the prison of the said town and county, by virtue of an attachment issued against the Defendant for breach of a %yrit of execution of an order, dated, &.c. for payment of the sum of £ , and for no other cause whatsoever. And in default the Plaintiffs have not yet thought fit to call on the said sheriff for the return yf the said writ of attachment. It was therefore prayed that a habeas corpus cum causit may issue, directed to the said sheriff, for him, at the return thereof, to bring the Defendant to the bar of this court to answer his said contempt, which, upon hearing an affidavit of read, and the said certificate read, is ordered accordingly, and thereupon such fur- ther order shall be made as shall be just. Order for Injunction against Member of Parliament. Forasmuch, Sec. that the Defendant, who is a member of parliament, having been served with a copy of the Plaintiff's bill, and a subpoena to appear to and answer the same, hath appeared accordingly, but hath not yet put in his answer thereto, though his time for so doing is expired^ and yet in the mean time prosecutes the Plaintiff at law for the matters in the bill complained of, and in regard the Plaintiff would have been entitled to sue out process of contempt against the Defendant for want of his answer, in case he had not had privilege of parliament. It is thereupon ordered that, &c. Injunction to stay Proceedings in Execution at Chester. Upon motion, &c. that by an order, (order of reference,) that in pur- suance of the said order, the said master made his report, Sic. (report) ; and therefore it was prayed that an injunction may be awarded for stav of the Defendant's proceedings in the said court of exchequer at Chester, touching any of the matters iiere in question, until the further order of this court, which, upon reading an affidavit of this motion, is ordered accordingly. Injunction 624 ORDERS. Injunction to deliver Possession and Deeds to the Plainti(jf. Upon motion, Sec. that by the decree made on the hearing of tijig cause, it was, among other things, ordered and decreed thai the De- fendant shonld pay unto the Plaintiff the sum of £ and interest, together with his costs of this suit, to be taxed by the master, at such time and place as the master should direct, and in default thereof, that possession of the estate in question should be delivered to the Plaintiff to hold the same, until he was satisHed what shonld be reported due to him. That the said master, by his report, dated, 6vc. which stands ab- solutely confirmed, certified that, &c. that the said Defendant hath been served with a writ of execution of the said decree and report, and the Plaintiff attended on to receive the said sum of ^ reported due to him as aforesaid; but the same was not then, nor hath the same been since paid, as by attidavit appears, and the Defendant is in con- tempt to an attachment for non-payment of the said sum of £ , and therefore it was prayed that an injunction ntay be awarded to put the Plaintiff into possession of the said estate, pursu!^nt to the said decree, which is ordered accordingly. Injunction to deliver Pussession to Plaintilf, DeJ'tndiint refusing. Upon motion, 5cc. it was alledged, that by the order made on the hear- inhall make, pur.»uant to the iu thelainiing business thereon, for their mutual benefit, but say that dif- ticultifs having frequently occurred between him and the said T. E., in settling their accounts respecting the said farm, it was agreed between, about years before the death of the said T. E., to divide the produce of lilt- said farm, cousistiug principally of corn and Iambs, between them, and that each should sell and disj)ose of his own share at his own risk, and on his own separate account, and both paid the rent in equal in<)i( tie*^, riK-h of tliLUi i)aYiug his own share, but one receijU only was fcivtu lu ll.tir joint names which was sometimes taken and kept by the Defendant, < ORDERS. 641 Defendant, and sometimes by the said T. E. but he did not always ad- vance or contribute eqnally with the Defendant in laying out money upon the aaid farm, but that he was at the time of his death indebted to the .Defendant for money advanced by him in prosecution of the said farming business, and adnjits that ihe Plaintiffs are entitled to a moiety of the slock and crops upon the said farm, but submits that they are not entitled to a moiety of the lease, or to carry on tiie said farming business jointly with ihe Defendant. And the Defendant claims the said lease by right of survivorship, but admits that the Plaintiffs, for near two months after the death of the said T. E. acted in the management of, and gave directions about the business of the said farm, and were not interrupted during that time by the Defendant, and admits he has brought such action as in the bill stated, and is proceeding therein, and insists he has a right so to do, and also that he is advised to bring an ejectnient against the Plaintiff', to tmn theuj out of possession of the premises. It was therefore prayed that an injunction might issue to restrain the said Defendant from all fur- ther proceedings at law against the Plaintiffs in the action brought against them, and now depending, and also from commencing any other action at law against the said Plaintiffs touching the matters in question in this cause, until the hearing of this cause, or until the further ordtr of this court. Upon hearing Mr. Solicitor-General, of counsel for the Defendant, what was alledged by tiie couastl on both sides, it is ordered accordingly. Order of Ixeferenceto jlvJtitrfttor, zi'lin is to examine upon Oath. Costs to be in his Disci'Ction, and no Bil/s to be Jiled agauist him as Arbi- trator. His Lordship doth, by const nt order, that all matters in difference be- tween the Plaintiflf's and Defendants in this cause, be referred to tiie award and determination of 1. H. of, Jkc, esq. so that he shall make and publish his award, in writu'.g, of and concerning the premises in question, on or before now next ensuing, or on or before such further time as hereinafter mentioned. And that the said parlies do stand to, abide by, perform, and fidfil the award which the said arbitrator 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 Plaiutifls and De- fendants, or any of then), or any other person or persons who shall be produced as a witness or witnesses before him by either party, such Plaintrif's and Defendants, or other person or persons being sworn before one of the masters of this court, or before a master extraordinary in the countrv, if there shall be occasion. And the said parties are to produce l}efore the said arbitrator, upon oath if required, all deeds, instruments, books, papers, writings, and accounts, in their, or any, or either of their custody or power, touching die 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 dif- T T ferenc* 642 ORDERS. ference between the said parties, or either of them, shall be in the dif- cretion of the said arbitrator, and sliall be paid in such manner, and by whom, and to whom, and at such time or limes 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 lie 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 consent it is ordered, that no bills or bill is or are 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 awaid made an order of this court. Order, vpon a Petition, for the Sale of Estates. It was ordered, on the consent of the parties therein mentioned, that the said estate should be sold, before the master, together, or in parcels, as the said master should think fit, and all proper parties were to join, a* 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 relating 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 i^ccountant-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 ai liberty to proceed in the said suit in the names of the Plaintiff" A. S. 8cc. the petitioners, indemnifying them against all costs that might be occa^ sioned thereby. SECT. 643 SECT. IV. AFFIDAVITS. AFFIDAVITS are usually for certifying- the service of process, or other matters touching the proceedings in a cause ; and generally where any motion or petition is made, that is not of course an affidavit of the facts alledged is necessary. The time, place of residence, and also the title of every person who makes an affidavit ought to be inserted therein; and it ought to set forth the matter of fact only, which the party intends to prove thereby, and not any of the merits pf the cause. And to all affidavits sworn in this court the deponent must sign his name or mark on the left hand side of the affidavit, and the jurat on the right side. Where a whole petition was recited in an affidavit of service, the costs were ordered out of the attorney's pocket. (I Jtk. 139.) The affidavit must be true in substance, with all neces- sary circumstances of time, place, manner, and the other material incidents, and must also be sufficient to sustain the case made by the petition, or motion of which it is the ground work, so it should be pertinent and material (IJhid. 451.) Not swearing expressly to words spoken, but adding, — " to that effect is a proper caution in an affidavit." (2 Aik. 60.) T T 2 If 644 AFFIDAVITS. If the Plaintiff's name, the court, the return of the sub- poena, the manner of set vice, or any thing- material, be omitted in the affidavit, no attachment must issue upon it for non-appearance, and so of the service of other process, and of orders, &c. ; for till a due service, &.c. be shewn^ no contempt appears to the court. In an affidavit of notice, it is not enough to say, that notice was given, or the copy delivered to the party's clerk in court, but his name must also be mentioned that it may appear with certainty ; and it must say, " notice in writ- ing," or words to that effect, and if he who serves the notice does not know that the person on whom it is served is the party's clerk in court, he must say, " as he is credi- bly informed, and verily believes," first taking care that he receives information accordingly. But if a notice be left at the clerk in court's seat with his clerk or asfent, such clerk or agent need not be named. An affidavit of several persons by the manner of wording it may be made either joint and several, or joint or seve- ral ; and great care and exactness should be observed in drawing affidavits. They ought to be fairly wrote in one hand, without blots or interlineations of any words of sub- stance ; otherwise the master may refuse to accept them ; or if he does, the register of affidavits, or his deputy, may refuse to file them ; and no use can be made thereof in court. {Vide Ord. Chan. 15. 18. and 92.) AjJJdavit AFFIDAVITS. 645 Affidavit that the Plaintiff' had IVritir/gs but hath lost them, proper tQ be atinexcd to a Bill. J5et\veen A. B Complainant. and C. D. and others, . Defendants. The said Complainant makelh oath, that some time since, to wit, f>\\, &c. last, the writings now sued for in this cause, were in his, this deponent's custody and possession, but since the said time, he, this de- ponent, hath accidentally lost them ; and this deponent further saith, tiiat he doth not know where the said writings are, unless they are in the hands or custody of the said Defendants, some or one of them, or else that the said writings are now, or late were in the custody of the said De- fendant, J. Ji, as he is credibly informed and verily believes, &c. A. B. Sworn, &.c; Ajjidavit of having committed Waste. Between A. B Plaintiff. and CD Defendant. ^. B. tiie Complainant, maketh o;rtb, that C. D. the Defendant in this cause, on, &c. la-t past, did pull down and destroy part of the house, and out-hoijses, &.c. to which he, this deponent, hath lawful title, being seized in fee ot the said estate and premises in question, as this deponent is advised and believes, qnd for which he is now prosecut- ing the Delendant, and that the said C. D. did also fell and cut down several timber trees, upon the lands belonging to the same, and conti- nues to commit otiier waste and spoil, in ami upon the said estate of this deponent, to his great loss and damage. A. B. Sworn, &.C. III Chanccry j4ffidaiit bi; a Quaker In the matter of the tiiistecs of the \\\\\ of J. G., deceased. W. IT., of, Sec. surveyor, one of the people called Quakers, maketh affirmation, and saitli, that lie, this afilrmant, was, in or about the month of , by sir T. C, ^. for PluintiH'. (Which A. B. is the • ' "'" '■"• ■ '' Pluintifl's DECREES. 649 Plaintiff's six clerk, if drawn up for tlie Plaintiff; but if drawn up for the Defendant, then the Defendant's six clerk is to sign it. But if there be only one order, you say only order, and if no report in the cause you leave the same out." TFords of coii7\s-e used hi the inrobnent of a deci^ee made upon hill and anszcerj tlie Defendant making de- fault at the hearings viz. " Whereas heretofore, that is to say, in or about Hilary Term, which was in the. year of our Lord A. B. gentleman, exhibited his bill of com]4aint into this honor- ably court of Chancery, against C D. thereby setting' forth, that, &c. and further setting- forth, &c. (the bill briefly stated) and to be further and otherwise relieved in the premises, tlie said Complainant pi-ayed the aid of this lionorable court, and that the usual process of subpoena miii'ht be thereout awarded aoainst the said Defendant to compel him to appear to, and answer the said bii;, which being- granted, and the said Defendant didy served there- with, he appeared nad answered accordingly." (Ili)id. Before the atnu'cr^ viz, " And the said C. D. by his answer, said, &c. (the an- swer set out omitting- the schedule, and words of course concluding- the answer,) and denied all unlawful combina- tion and confederacy, and concluded his answer with the general traverse, as by the said bill and answer remainin*^', as of record in this honorable court may more fully ap- pear. {Hind. 445.) Before 660 DECREES. Before the order on hearings viz. *' And the said cause being- thus ready for an hearing- on the bill and answer, a day was by this court appointed for the hearing thereof, on which day, being Friday, the 4th da}'^ of August, 1815, the said cause came on to be heard before his Honor the Master of the Rolls, in the presence of counsel learned, for the Complainant, no one appearing for the Defendant, although he was duly served with a subpcena to hear judgment, as by affidavit then produced and read appeared. Whereupon, and upon hearing the Defendant's answer, and what was alledged by the counsel for the Complainant, his Honor did order and decree,'* 6cc. (the decretal order). (Hind. 445, 44G.) JVords preceding the order to confirm tite report msu Vli " And whereas, on Thursday, the 18th day of January, 1816, upon motion that day made unto this court by the Complainant's counsel;" (the order set out lerbatiin.) (Hind, 446.) Words preceding the order to cojijirm the report ahao- lute, viz. " And whereas, on Friday, the 26th day of January, 1816, upon motion that day made unto this court by the Complainant's counsel, and upon allegations that the De- fendant had been duly served with the said order of the 18th day of Jamiary, then last past, as by affidavit ap- peared, and \\\{\i no cause had been shewn to the contrary thereol, as by the registcr'3 certiticate also appeared ; it was DECREES. 651 was prayed that the said order mi<»ht be made absolute, which was ordered accordingly." {Hind. 446.) fVords p7*eceding the order to make the decree absolute. VIZ. " And whereas, on Thursday, the 9th day of Novem- ber, 1815, upon motion made unto this court by the Com- plainant's counsel ; and upon allegation that the Defendant had been served with a subpoena to shew cause ag'ainst the said decree, as by affidavit it appeared, and no cause had been shewn to the contrary thereof, as by the reg-ister's certificate appeared, it was prayed that the said decree might be made absolute as against the said Defendant, which was ordered accordingly." Words preceding a master^ s report, tnz. " And whereas, the said Mr. Ord afterwards made his report, in the words and fig-ures following «" (report set out verbatim.) (Hind. Ail,) Decree 652 -DECREES. Decree on Act of Parliament for the more easy Redemption of Mort- poses. Upon opening, &c. that the Plaintiff hath exhibited his bill in this cause against the Defendant, setting forth, that, 8cc. and praving, &c. and the Defendant having appeared to the Plaintiff's bill, and b}' his an- swer thereto admitting the Plaintiff's mortgage, and liiat the principal money and interest secured thereby is still due to the Plaintiff, and now- offering to pay the same, together with his costs at law and in this court ; and therefore, pursuant to ilie act of parliament in that case made and provided, praying, 8vc. Whereupon, &c. Decree pro Confesso, Defendant being brought bj/ J lias P lurks Habeas Corpus. Whereas the Plaintiff did, on , exhibit his bill in this court against theDefendant, setting forth (among otlier things,) that, &c. (state substance of the bill,) and therefore praying process of subpoena against the Defendant, and the Defendant being served with a subpoena to ap- pear to and answer the Plaintiff 's bill, appeared accordingly, but being in contempt to an attachment for want of his answer, and being arrested thereon, the sheriff' of returned a cepi corpus thereon, and thereupon, by an order of , it was ordered that the messen- ger attending this court should apprehend the Defendant, and biing him to the bar of this court to answer his said contempt ; and the Defendant being accordingly apprehended, and brought to the bar of this court by the messenger on , and persisting in his said contempt, it was then ordered, that the Defendant should be turned over to the prison of the Fleet, there to remain until he should answer the plaintiff^s bill, clear his contempt, and this court make other to the contrary ; where- upon, by an o! dcr^of , it was ordered that an habeas corpus should issue, directed to the warden of the Fleet, at the return theieotj to bring the Defendant to the bar of this court to answer his said con- tempt ; and the Defendant having been accordingly brought to ihe bar of this court on , and persisting in his contempt, it was then ordered that he should be remanded back to the prison of the Fleet, and that an alias habeas corpus cum causis should issue, dirtcted to the warden of the Fleet, at the return thereof, to bung the Defendant again to the bar of the court, to answer his said contempt ; and the De- fendant bein;: again brought to tlie bar of this court, on , to answer his said conlcmut, and suil persisting therein, it was then ordered that ho should be remniKLd back to the piison of the licet, and that an aiia.s plmics habeas corj)Us cum (Y///.v« should issue, dirtcted to the warden ♦)f the Fleet, at the return ihcrcof, to bring the Defendant a-ain to the bar of this court, on , to answer his said conten)})t, and still persisting therein, it was then ordered that he should again be remanded bark to the prison of the Fleet, and tlmt the Plaintiff s elerk in court attend with tlie ucord of the l^huntilV's bill, in order to have the same t.'iken j)iv nnifa-^o ;iguinst the DelViidinil ; and the DefVndunt being this (l;iy brought to the l);ir of this court accordingly, in the presence ot the Plaintiff's counsel, wluieiipon, i\c. Decree DECREES. Decree iwo Confcsso on Sequestration. Whereas the Plaintiff did, on , exhibit his bill in this court against the Defendant, setting forth, (amongst other things,) that. See. and therefore praying process of subpoena against the Defendant, to com- pel him to appear to and answer the said bill, and that, (state prayer)^ and forasmuch as the Plaintiff having sued out a subpoena to compel the Defendant to appear to and answer the Plaintift's bill, the Defendant appeared thereto accordingly, but stood out all process of contempt for want of his answer, and a commission of sequestration under the great seal was awarded against him, notwithstanding which, the Defendant persisting in his contempt, the Plaintiff obtained an order, dated , that this cause should be set down to be heard before next after the causes then already appointed, in order that the Plaintiff's bill might be taken pro confcsso against the Defendant, and that the Plaintiff's clerk in court should then attend with the record of the Plaintiff's bill for that purpose ; and this cause coming on this present day to be heard be- fore , in the presence of the Plaintiff's counsel, and the Plaintiff's clerk in court now attending with the record of the Plaintiff's bill accordingly, and the Defendant still persisting in his contempt, upoii hearing, &.c. Decree pro Confcsso as to one Difcndant, and heard as to others. This cause, &c. And forasmuch as the Defendant A. B. being served with process to appear to and answer the Plaintiff's bill, appeared accordingly, but stood out all process of contempt for want of his an- swer, and a commission of sequestration under the great seal was awarded against him, notwilhstnnding which, the said Defendant A. B. persisting in his contempt, the Plaintiff obtained an order, dated, &c. that this cause should be set dow n to be heard before next after the causes then already appointed, and that the Plaintiff's clerk in court should then attend with the record of the Plaintift's bill, in order that the same might be taken pro confcsso against the said Defendant ; and the Plaintiff's clerk in court now attendnig with the record of the Plain- tiff's bill accordingly, and the said Defendant A. B. still persistinc^- in his contempt, whereupon, and upon debate, Sic. Decree to a Bill hy Creditors for the Jpplication of Testators personal Estate. "Whereupon, Sec. his Honor was pleased to order and decree, that it should be referred to Mr. S., one of the masters of this honorable court, to take an account of what was due to the Plaintiffs, and to all odier the creditors of the said Testator A. I., and of his funeral ex- penses, 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 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 tix a peremptory day for that purpose ; and such of tj)eai wi:o should G54 DECREES. should not come in and prove their debts, by the time so to be limited, were to be oxclu(1ed the benefit of the said decree ; but such persons, not parties to the said suit, who should come in before the said master to prove tlieir debts, were, before they should be admitted creditors, to contribute to Phmitifls their proportion of tiie expense of the said suit, to be settled by the said master ; and it w as ordered, that the said mas- ter should aN© lake 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 [)ayment of his debts and funeral expenses, in a course of admuiistration ; and for the better taking of the said accounts, the usual directions were given. A common Decree of Foreclosure. His Lordship doth order and decree, that it be referred to Mr. E., one, &.C. to see what is due for principal and interest on his mortgage, and to tax him his costs of this suit, and the Defendant 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 appoint; and thereupon the said Plaintiff' to re-convey the said mortgaged premises, free and clear of all incumbrances done by him, or any person claiming from, by, or under him, and deliver up, upon oath, unto the Defendant, or to whom he shall appoint, all deeds and writings in his custody or power relating thereto ; but in default of the said Defendant paying unto the said Plaintiff such principal, interest, and costs as aforesaid, by the lime aforesaid, the said Defendant is, from thenceforth, to stand abso- lutely debarred and foreclosed of and from all equity of redemption, of, in, and to the said mortgaged premises. ♦ Decree of Redemption zcliere the Mortgagee had been for Years in Possession. His Honor doth order and decree, that it be referred to Mr. H., one, &c. to lake an account of what is due to ihe Defendants, for principal and interest, on the mortgage in the pleadings mentioned, dated and tax ihem their costs of this suit; and in taking the said account, the said master is to consider the interest due on the said mort- gage on the , as amounting to the sum of ef And it is ordered, that the said master do also take an account of the rents and protils of the said mortgaged premises received by the De- h:ndants, or any of them, or by any other })er6on or persons by their or anyot their order, or lor their or any of their use, since the said , or which, without their wilful default, might have received thereout. And it is further ordered, that what shall be coming on the said account of rents and profits be deducted out of what shall be lound due to the Dcl'i ii(l;mts for principal, intert.st, aiifl costs as afore- said ; and ni c:ise the .>aid master shall find the Defendants, or any of ihem, have Ik »i» in possession of, and held the said premises, as owners or owner ih.rcnt'^ ili,;,i ihc snid master is to set a rent thereon, and take the account DECREES. 65: account accordingly, and upon tlie Plaintift's paying to the Defendants what shall be found to be remaining due to them for principal, interest, and costs aforesaid, within after the said masttr shall have made his report, at such time and place as the said master shall appoint. It is further ordered, that the said Defendants do re-assign the said mortgaged premises, free and clear of and from all incumbrances done by them, or any person claiming by, from, or under them, and de- liver up all deeds and writings in their custody or power relating thereto to the Plaintiff; but in default of the Plaintiffs paying unto the De- fendants such principal, interest, and costs as aforesaid, by the time aforesaid, the Plaintiffs' bill is to stand from thenceforth dismissed out of this court, with costs, to be taxed by the said master ; and for the better taking the said accounts, the parties are to produce, before the master, all deeds, &c. and are to be examined, &.c. and in taking the said ac- counts, he is to make unto the parties all just allowances, and particu- larly for any necessary repairs and lasting improvements which have been made by the Defendants, or any of them, on the said mortgaged pre- mises, since the said , and any of the parties are to be at liberty to apply as there shall be occasion. Decree for a Partitions — Infants to have a Day to shezc 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 said commission, and let the same be divided into moieties, and set out in severalty, whereof declare one moiety to belong to Mr. N. and the other moiety to Plaintiff Sir W. M., and let the respective parties con- vey their several moieties to each other, to hold in severalty, according to the respective undivided moieties thereof, and let the master settle the conveyances in case the parties differ about the same. 7\nd until such conveyances shall be made, let the several parties- generally hold and enjoy their respective divided moieties against each other, or any clain)ing under them. And let said Defendant, MissN. 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 oi" twenty-one years, shew unto the court good cause to the contrary. Decree for a Partition of an Advozeson, 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 v\ ill ofJ.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 Sod DECrtlEES. hold the other ttioiety to her and her heirs, as tenants in common, in se- veralty respectively. And in such conveyance let a clause be inserted, tliat the Plaintiff and his heirs, and Defendant S. and her heirs, shall present to said vicarage by alternate turns ; and if the parties differ, the master is to settle the conveyances, and the charges of the conveyances are to be borne equally between 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 pre- mises, 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 De- fendant, the heir at law of the said J. S., be dismissed out of this court, with costs, according to the course of the court, but his Lordship does not think fit to give any costs as between Plaintiff anri Defendant E. S. Decree opening stated Accounts, and directing general Accounts. His Lordship dotli 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, J>:c. to take a general account of all dealings and transactions bet\\een Plaintiffs, or either of them, and Defendants, and also of the value of any timber ielled and taken by Defendants from off Plaintiff's estate, in the taking of which account the master is to make unto all parlies all just allow- ances; and, for the better taking the said account, all parties are to be examined upon interrogatories, 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 Plain- tiffs their costs, for as much oY the cause as relates to the setting aside the said stated account, to be taxed by the said master, and his Lord- ship doth reserve the consideration of tlie rest of the costs of this suit until after the raid master shall have made his report ; and the said parties are to be at liberty to apply to the court as occasion shall re- quire. ■ Mil I Ml III ■ ■! IIBI»— f — WM— JM^^MI Decree to s(t out Dozcer, and to account for one-third of the Tients and Prof.t^ of the Estate accrued since the Death tf the Husband. His Lordship doth order, that it be reft r red to the master to inquire ■vvhat freehold lands the said S. M. died s«Msed of, wherein the i^laintiff li. M. is dowaUle, and also to inquire Mhat copyhohl or customary lands the said IS. M. died seised of, \\ heroin PUiiiaiff H. 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. Aud that the said master do assign to Plaintiff B. her dower in such fiechold lands and tenements, and also her dower and widow's tbiate m sucli customary or cop}lio!d lands and tenements, and the said master r)EciiEEs. 6£7 Ihaster 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 as- certained, it is ordered, that the Defendants do deliver possession to Plaintiff B. of the lands and tenements that shall be so set out and as- certained for the said dower or widow's estate of Plaintiff B, and the tenants thereof are to attorn, and pay their renls to the said Plaintiff B. And it is ordered and decreed, lliat 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. iVJ. died seised, accrued since ithe death of the said S. M., which have been received by the said De- fendant, 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 rents and profits of such freehold lands and tenements is to be paid to Plair^tiff B. by the said Defendant, in respect of her dower, out of such lands and tenements, and such part of what shall be coming on said account of rents and profits of tlie said copyhold or customary lands and tenements as she shall appear to be entitled to in respect of her said tlower, or other widow's estate in such copyhold or customary lands and tenements is to be paid by the sa.d Plaintiff B. to the said Defendant. And for the better clearing of tlie account, and discovery of the mat- ters 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 Defendants 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 his Lordship doth re- serve the consideration of subsequent costs, as between the Plaintiff B, and Defendants, until the master shall have made his report. And it being declared by the counsel for Plaintiff, that they do intend to controvert the probate of the will of the said S. M., insisted on by the aaid Defendant in tlie ecclesiastical court, his Lordship doth reserve liberty to any of the parties to apply to the court for further directions, in respect of any other demands made by the bill, in respect either to the real or personal estate of said S. M. as occasion shall require. -Decree to coiifirm Jointure bj/ Consent, the Lands having been specified in the Settlement. And the Plaintiff, Sir VV. A., now offering to confirm the Defendant C A. in the several estates settled upon her in jointure by the deeds, dated. Sec. Decree that Plaintiff, Sir W. A., do confirm the jointure of said De- fendant C. A. in all the said estates as the master shall direct; and let the master settle deeds or assurances for the confirmation of such jointure, in case the parties differ about the same. Aud after such jointure shall be confirmed as aforesaid, let Defendant C. A. produce, before the said master, upon oath; all deeds and writings V V m 65S ■ DECREES. in her custody or power relating to the several estates comprised in the settlemeiit, dated, {^cc. ; and reserve the consideration of all further direct. Oils until after the deeds and writings produced. Decree to set out Jointure — Jointress entitled in Equity only — Master to set it out. 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, t;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 shall amount to, and not exceed the value of £ a year, sutr- ject to taxes and repairs, for Plaintiff's jointure for htr life. i\nd let Defendants M. H. settle and convey such lands and premises, so to he set out and allotted as aforesaid, to Plaintiff" for her life for her jointure, by such conveyances and assurances as the said master shall think- tit, free from all incumbrances done by Defendant M. H., and let dl proper parties join in such conveyances as the said master shall direct. And let Defendants H. deliver possession to Plaintiff of the lands and premises which shall be so allotted and set out, with the appurte- nances. And let the Plaintiff enjoy the same for her life, against Defendant ^i. H., and all ptrsons claiming under him, or E. H., her lale husbantt, deceased, and let all deeds and writings relating to the estate in question be produced before the master upon oadj. Decree for an Account and Distribution of Testators personal Estate. If not sujficient to pay the Debts and Legacies, then the Rents of real Fjitate received by 'J'manifor Life to keep down the Interest, and the Principal to be raised by Sale or Mortgage. Declare that the will of the said Testator being admitted by said De- fendant P. 11. his heir at law, ought to be established, and the trusts thereof performed, and doih order and decree the same accordingly. And that it be referred to Mr. , one, &.c. to take an account of said Testator's dt-hts, funeral expenses, and pecuniary legacies, and to compute interest on such of his debts as carry interest; as also to com- pute interest on his said legacies, at the rate of £ 4 per cent, per ann. from the lime the same ought to have been paid, according to the said Testatoi's will. And the said master is to cause an advertisement to be published in the Iiondon Gazette for the Testator's creditors and pecuniary legatees to come before him, and prove their respective debts, and claim their re- spcetive legaeies within a time to be tlierein limited, or in default thereof, they will he t xcliuled the benefit of this decree. And the said master is also to take an account of the personal estate of the s;ii(l Testator, not specilically bequeathed, come to the hands of the «aid Defemiunt J. M. Ins surviving executor, and the Defendant P. H, or cither of them, or any other person or persons for their or either of their use, or h^ thvir or cither of their cider- And DECREES. 659 And the said personal estate of Testator is to be applied in payment of I lis debts, funeral expenses, and legacies, in a course of admniis- Iration. And if there shall be any surplus of Testator's personal estate remain- ing after payment of said Testator's debts, funeral expenses, and pecu- niary legacies, it is ordered and decreed that [he same be equally divided between, and paid or retained by the said Deftudant 1*. H. and the Defendant Lord Viscount W.and S. his wife, in riuht of llie said S. and the Defendant A. H. according to the said Tesli.tor's will; but in case the said Testator's personal estate shall not be sutiicu-nt to pay the su\d 'iestator's debts and funeral expenses, and pecuniary legacies, tin ii il is ordered and decreed thai the said Defendant P. 11. ilo, out of the rents and profits of the said 'iesiatoi's real estates, which hath acerutd since his death and been received and taken by him, keep down the interei.t of such of the said Testator' sj debts and legacies as carry interest. And that so much of the principal of U)e >aid i estator's debts and pecuniary legacies as his personal estate shall be dehcient to pay a.;d satisfy be raised by mortgage or sale of a suflicieiit p irl of the saut Tes- tator's real estate as the said master shall diiect, and that a sullicieiit part thereof be for that purpose mortgaged or sold with the approbation of the said master, wherein all [iroper parties are to join, and nil dieds and writings relatiiig thereto in the custody or power of any of the par- lies, are to be by iheiii produced upon oath before the said master, as the said master shall direct. And the money arising by such mortgnge or sale is to be applied in the first place in payment and satisfaction of so much of the pt;ncii)al of the said debts as tlie said Testator's personal estate shall fall shoitto satisfy, and then in payment of so much of the principal of the said pecuniary legacies as the said personal estate shall fal! short to satisfy. And if the same shall be rai.-ed bymoiigageof the said estate, then the said Defendant P. H. is to keep d(nvn 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. Decree for an Account of Rents and Profits — Personally — Receii^er, 4f» Decree that it be referred to Mr. one, &c. to take an account of what leasehold estates the Testator was entitled 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 'IVslator's dt ath, received by the Defendants, his executors, or either of them, or by any person or per- sons, by their or either of their order, or for their or either of their use; and it is ordered that the said do also lake an accotmt of the per- sonal estate of the said Testator, not specifically bequeathed, possessed or received by the Defendants, his executors, or either of tluni, by any person or persons, by their or either of their order, or ror llie.r or either of their use; and it is ordered that the master do also inquuv and stale to the court what the value of the leasehold house at, Sec. late belonging to the Testator, and takeu by the Defendant j and it is ordered that the U u 2 said 660 DECREES. said master do also inquire ami state to the court wUetlier the Defend- ants have possessed au, and what specific articles bequeathed by the Testator, other than and except those which they have delivered to the speciiic legatees thereof, and for the better taking the said accounts and discover)- of the matters aforesaid, the parties are to be examined upoa interrogatories, and to produce deeds, &c. to make just allowances, Scc. And it is ordered that llie master do appoint a proper person to be receiver of the rents and profits of tiie leasehold estates in question ia this cause, and allow him a reasonable salary for his care and pains therein ; such person so to be appointed receiver hrst giving security to be allowed of by the said master, and taken before a master extraordi- nary in the country, if there shall be occasion, duly and annually to ac- count for what lie shall receive of such reivts and profits as the court shall direct; and the tenants of the said estates are to attorn and pav 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, w ith the appro- bation of the said master, as tiiere shall be occasion; and it is ordered that liie person so to be appointed receiver, from time lo time, do pass Ills accounts before the master, and pay the balancei that shall be reported to be in his hands into the btmk, to be there placed to the credit of this cause, subject to the further order of ihia court. Aud reserve furtlier couiideratiou, See. Decree for establishing a Cliurily. Doth declare that the charitable bequest and uses made and created by the will of \V. B. ought to be establisiied, and the trusts thereof per- formed and carried into execution, and doth order and decree life same- accordingly. And his Lordship doth order that tlie information as against the De- fendant T. S. do stand dismissed out of this court with costs. And as between the relators and the other Defendants, it is ordered and decreed that it be referred to Mr. one, Scc, to take an account of the rents and profits of the charity estate, accrued since the death of J. B. son of the Testator X. 13. that have been received by the Deftrnd- ant R. L. and the other Defendants, or any of them, or by any other, &c. to make all just allowances, 5cc. and particularly an allowance of, 5vC. And it is ordered and decreed that what shall be coming on the Irn- lar.ce of the said account be divided into two equal moieties, whereof one moiety i^ to be paid to, or retained by the Defendant the cor[)ora- tion of C according to Testator's will, and the other moiety is to lie paid cr retained by th.e j)cfciidants, the ministers of, ^fcc. for the charit- aljle pnrpo'rcs dci-cil by said will, concerning the moiety to be paid to- the miinster of those parishes. And it is ordered that any of the relators and the corporation of the *uily of C i\\j produce before tlie said muster a scheme or schemes for the appli<-;ition of vshut sliall I»a coming on the balance of said accoimts i.-r the njoieiy of said rents and profits for the poor inhabitants of the fc.iid city of C., and also for tlial woicty of tl>c growing rents and profits oi DECREES, 661 of said chanty estate, in snclj manner as may be most benefjciul for said poor iiiliabitants; ami the said master is to state the same with hi» opinion thereon. Trustees of a Charihf being reduced to a small Number others appointed. And the nunaber of the trustees mentioned in the last conveyance of the said charity estate being reduced to six, let eighteen other proper persons of the borough of C, or inhabiting near thereto, be ap- pointed, with the approb'.aiou of tlie master, to be feotfees and t-iistees 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 said master, let Defendants, the surviving trustees, convey the said charity estate to said eighteen persons, and their heir?, to and upon the charitable uses and trusts declared in the said schedule annexed to the of Jthe And let the master settle the conveyances ii} case the parties differ about tiie same. Anotli ler. And it being admitted the trustees of said charity were reduced to three, it was ordered that nine proper persons shoukl be appointed, ^\ith the approbation of the said master, to complete the said num- ber of twelve, and when such persons should be appointed, the three -remaining trustees should, with the approbation of the master, make conveyance of said charity estate to the use of themselves, and the new trustees, so to be appointed, subject to the same charitable uses and trusis. Decree for an Account of TitJies. Declare tliat it be referred to the master to take an account of what is due to Plaintiffs from Defendants respectively for all tithes of corn, grain, and hay, and all other tilheable matters, as well small as great, which have arisen, accrued, and renewed on the land and premises in the occupation of Defendants respectively within the parish of I., in the, 6cc. and die titheable places thereof, from For the belter taking of which account, both sides are to produce, Sec. examination, Scc. just allowances, Scc. And let the Defendants pay unto Plaintiff what shall be found due to him from them respectively, togetiicr with said Plaintiff's costs of this suit to this time, to be taxed by the master, and reserve the con- sideration, S;c. Another Decree for Account of Tithes. And as between Plaintiff in the cross cause and Defendants G. and H. it is ordered afRJ d^'ceed, that it be referred to said master to take an account 662 DECREES. nccount of tithes of potatoes orowing, renewing, and arising on the luiifi^ hthl by said Defendants G. and H., in the parish of W., in the couiity of li., from ihe ye; r exclusive, on the taking of vvliich ac- coii t t'.e nia> costs in the cross cause hitheito to be taxed by the said master, as far as the same relates to the demand of tithes of potatoes, subsetjuent costs reserved. Where Executors have paid Debts and Legacies, to stand in the Place of Credito/s and Legatees. And in case it shall appear that Defendant has paid any of the debts and legacies of the s aid Testator, let him stand in the place of such cre- ditors and legatees lo have an allowance or receive satisfaction pro tanto out of said I'esiattir's estate, in like manner as such creditors and le- gatees would have been entitled to receive. Decree for appointing a Receiver. And the said master is to appoint a receiver for one moiety of the estates in question, and allo\\ hun a reasonable salary for his care and pains therein, such per^on to be appointed receiver, fi st giving security, to be allowed of by tlie master, and to be taken before a master ex- traordinary in Chanc< ry in the country, if there shall be occasion, duly and iin.uallv lo account for, and to pay what he shall so receive, as the court .shall direct; and die tenants of the said estates are to 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 lime, with the approbation of the sa;d ijiaster, as tlu re shall be occa, ion ; and t!je said receiver is to pay the balance of his accounts, from time to time, into the Bank, subject lo the further order of the court. Decree on the Reservation on Jintlwr Directions — Blaster to co.npute suhseqiient Lilerest on the Deltis as carried Interest, and certain Sums of Sfock to he sold and applied in Pa lament of Debts — Executor to paif in'o Court uhut is reported due from Itin to Testator's Estate — Consignee lo p, his //rcounts, and out of l*ro/its to pai/ growing In'eiesl and /Ir rears (f .-innuifies, and lax all l*arlics their Costs, tcliih are to tie paia hi/ ('dtisig/iee, out of Pro/its of Estate — further lie eriiilnni as lo Lessee, Legacies, Ssc. Ills II u r (lid order, tliat it should be referred back to the said mafitrr to t nupute sub'-ecjueut interest on siuh of the debts of the Tf I itor V\ . M. ]{. mentioned in the first sdieduleto his general re-" port, dated, &.c. whereon interest is thereby computed ; and also to take DECREES. 663 an account of any otlicr debts, due from the said Testator at his death, J^maiiiing unpaid, and not mentioned in tlie said tiibt .s( hcdtile to the said report. And it was furtlier ordered, that the sum of jC IJank 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-Gc- neral, 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 sevend 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 \vaive his right or claim to receive any part of his debt out of the said bank annuities and cash. Aud it was further ordered, that the said J. F.B. should pay into the Bank the sum of £ , reported due from him by the said master's geiieral report, dtited, Sec. 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 Testator's personal estate." Aud it was further ordered, that C. S., ilie consignee, of the rents, profits and produce of the Testator'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 pro.Tis and produce of the said Testator's estate whicli might come to his hands, pay the arrears 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 pay- ments of the annuities thereby given, and that he should pay the residue of such rents, prohts, and produce, into the Bank, with the privity of the said -Accountant-Geneial, to be there placed to the credit of the said cause, subject to the further order uf the court. And it was further ordered, that the said master sliould tax all parties their costs of this suit, other than the mortgagees who had been paid their costs, and that such costs, Vvhen taxed, should be paid to the solicitors for the said several parties out of (he residue of tlie money to arise by sale of the said bank an- nuities, before directed to be sold, and of the interest 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 tiie same would extend, and that the residue of such costs should be paid by the said C. S. out of the rents, proiits, and produce of tiie 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 afore- said; and his Honor did continue the reservation of any directions as to the question whether there were any, and what circumstances affecting the 664i DECREES,' the said Testator'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 an- nuities 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 Tes- tator'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 said Testator respecting the jewels and ornaments of the person of the said Testator's wife which she usually wore, and of all further direc- tions; and any of the parties were to be at liberty to apply to the court as there should be occasion. Decree Nisi zchere Defendant makes Default. This cause coming on, Sec. in the presence of counsel learned, for the Plaintiff, no one appearing for the Defendant, although he vas duly served with a subpoena, to hear judgment in this cause, as by affidavit, now produced and read, appears, tlie si'.bstauce of the Plainiiff's bilt appeared to be, that, &,c. (state the hill.) Whereupon, and upon hearing, Sec. read, and what was aliedged by the counsel for the Plain- tiff, his Lordship doth order and decree, that, Sec. And this decree is to be binding on the Defendant, unless he, on being served with a sub- poena to shew cause against ths same, shall, at t! e return thereof, sliew tinto this court good cause to the contrary ; but before the said Defend- ant IS to be admitted to shew such cause, he L to pay mUo th.e Plaintiff Jlis costs of this day's default in appearance, to be taxed by the master. Decree Nisi zchere Defendant, an Infant, makes Default, This cause, &c. (as before) unless the Defendant, the infant, on being served wiih a subpoena to shew cause against the same, shall, at the return thereof, shew unto this court good causa to the contrary: and as to the said DefendaiU, the infant, unless also he shall, within mouths lifter he shall have attained his age of t\^cnty-one years, shew tnito this court good cause to the contrary; but before the said Defend.. aiit, now making default, is to be admitted to shew cau^e against this decree, he is to pay unto ihe Plaintiff his costs of this day's default i^ aj^pearance^ to be taxed by the master. JNDE3(, INDEX. A 1>S0LUTE, order to make a de- cice rage ()12 ACCEl*TOR of an acconuiKjdution HOto, bill by a_mnt, an iiuloisco, \vith notice lo have bill dclivircd lip, and yii injunction I^.^ ACCOUNT^- to hii iv.cjuircd in a bill ^iiod for the purpose of callinjj an attorney or agent to account for rcmiltanccs 14 •- proper to be required in a bill against the trustees ul a real and personal estate for pay- ment of debts, &c. for a settle- ment of accounts respecting the trust estate ih. — — ■ ■ delivered, pretence of t^J ' • ready to be, pretence of 2S »-- ■ , bill for, against execu- tors 91 •— books, interrogatory to prove 477 ACCUMULATIONS of an e:.tate, interrogatories as to 512 ADJOURN, order to adjourn p'-ti- lion 018 ADMINIS'I'RATIOX, to prove tlie entries of 492 ADVERl'ISEMENTS, interroga- tory to prove the insertion of 561 ADVOVVSON, decree for the parti- tion of an 655 AKFlDAViF that the plaintiff had writings, but hatii lost them, pro- per to be annexed to a bill 645 • ■- ■ — of having committed waste ib. ■_ ■ — ■ by a quaker il>. ■ — ; that an agreement en- tered into is for the bcneiit of tlie infant lUG demurrer for the want of, to a bill brou-ht for a ilisco- very of deeds 450 annexed to a bill of interpleader 295 — of tenants in pomnion ihat they may iutcrpieaU 298 AFFIDAVIT, anntlier form of, an? nexed to a bill of interpleader, u\ the court of exchequer Page 300 — , denunret to a bill of interjdeader for the want of 425^ of not having papers in a person's possession 23/ ■ that deeds, &c. arc not in t*ie hands of the plaintiff 1^3 , observations upon 643 that agreement appears for the benr;;t of the infant 646 AGE ot children, «StC. interrogatory to prove 570 AGENT, or an Attorney, accounts proper lo call such to account 14 , interrogat(n*y to examine 501 AGENCY, to proves 481 AGREEMENJ", bill to have it deli- ven d up, and for a discovery 202 ^ interrogatories to prove 480 , interrogatories as to the sijnin^ 579 , interrogatories to prove the signing 529 — , order to make it an order of court 614. , bill for the specific performance of 62 ALLOWANCE, bill for 79 A?v^END, a bill on payment of 20.y. costs, order for 5S8 bill without costs, order for i(), bill and answer, excep- tions at the same time 5S9 ansv/er, order for ih. AMENDMENTS, order for, upon many occasions 5S7 to 591 ANNUITANTS, bill by, for an ac- count of timber sold, &c. 280 ANNUiflES, interrogatory as to the payment of 5791 ANNUITY creditor, charging part of a bill filed by " 25 , to prove one, or the va- lue thereof, under a commission of bankruptcy 463 ANSWER by the heir at law admit- ting the will 412 ANSWER i,^* ■rA^t''^ ^^■•J(i->^*-:'-i-. 314.^ II INDEX. ANSWER to a bill of revivor, the defendant being doubtful whether he can admit assets Page 413 — put in after exceptions tal, of an assignee of a bank- rupt to a bill of revivor and sup- plement 417 of a sinale defendant to a bill of revivor and supplement 41S of the attorney-general to a bill to perpetuate the testimony of witnesses to a will 403 of the heir at law to a suit 418 , part of, of purchaser to bill for specific pcrformanre who resists on the ground of a defective title 412 , words of course preced- ing 10 , order to refer second 602 , observations upon 38(5 , the concluding part 10 , to amend, order for 5SQ , order to answer sepanile 5.9s , an, by executors, denying assets and stating that the estate is indebted to the executors 3,co of an infant defendant admitting the aliegntions in the bill, and submiuing his riglits to the C(jurt 392 insisting on a stated ac- count and ilaiute of limitations, us a bar to plaintiH's demand oQS by an executor, an ac- counting party, to a bill by lega- tee 3^)4 of executrix submiltinii lo art as the court may diricl 3y0 of executrix submitting to account, but di n)ing asH'ts Sgj of a defendant trustee un- der a nuncupative will 3(js ANSWER of the attorney-general to the above suit, the plaintiff being illegitimate Page 3.99 of defendant trustee sub- mitting to act as the court shall direct 400 of a legatee to elect to take under will ib. ■ to a bill by wife against husband for a legacy claiming le- gacy, husband an executor admit- ting assets; joint answer 401 by three legatees to a bill filed by trustee under settlement and will, one defendant an infant 402 of mortgagees of trust pre- mises to a bill for an account of the trust property 403 to a bill of foreclosure 404 claiming an exemption as to great tithes, setting up a modus as to part of small tithes, and ac- counting as to the remainder 405 of East India Company to bill for tithes by lay impro- priators 40 S — of the attorney-general in- sisting on an escheat in case no uili made and no heir 409 of the attorney-general on behalf of a charity 410 of heir at law to a bill to prove a will ih. of lord of a manor on hav- ing seized copyhold premises for want of a tenant, after three pro- clamations 410 , a part of, to inquiry re- specting incumbrances, 6cc. sche- dule of deeds, &c. 419 APPEAL, petition of 4/3 APPLICATlOxNf, charging part, and prayer to a bill that tenant may be obliged to put and keep pre- mises in repair, and injunctioa from farther waste, by ploughing up contrary to the terms of his lease 15 APPORTIONMENT of rent, bill of interpleader for 303 ARlilTKATION bond, bill to have the same cancelled and delivered up Q77 ASSETS, answer to a bill not ad- mitting 414 ASSETS, INDEX. IK ASSETS, answer l)y a defendant be- ing doubtful whether he can ad- mit Page 413 , answer by executors deny- ing 3,90 , answer denying, willing to account 397 , bill to have thein marshall- ed 1S2 ASSIGNEES of a bankrupt, bill by, against bankers for an account 172 — of a bankrupt, bill by 179 of a bankrupt, bill against them for relief 337 ASSIGNMENT, bill to have it rie- liverect up to be cancelled for want of valuable consideration J75 — of efiects, part of a bill to set the same aside 28 ATTACHED, bill to attach money in the Lord .Mayor's court 321 AT I Oil N EY - G EN ERAL, answer of 399 . at the relation of another person 3 • ■, inforni- a:io.i by ih. , inform- ation by, at the relation of another pcrvon 37 » AWARD, order to make it an ordi r of the court GlQ B. BALANCE of a partnership accoun", iiirerrogHtory to prove when maiie out ' 583 BANKRUPT, interrogatory as to his connoctian with a partnership concern 554 , prayer in a bill a- gainst assignees of, for an account of separate estate 51 -, assignees of, answer by, to a sujiplemental bill wiiich made them parties 4 16 assifj;nees answer to bill of revivor and supplement 417 BANKRUPTCY of defendant and death of plaintift, bill of revivor in consequence 347 , supplemental bill in consequence of 338 ^ plea of 451 BANK of ENGLAND in some cases an unnecesssary party by 40 Geo. IIL c. 36 BANK, a party to a bill Page 79 IJAP'i'lSiM, interrogatory to pr<)\« 523 BEGINNING ofa bill in chancery 3 of a bill in the ex- chiquer ib. — — of an information by the attorney-gene, al ib. — of an information by the attorney general, at the rela- tion of another person ib. BILL, various titles of, 2 , observations on original 59 For specific Fcrfurniances. for the specific performance of an agreement 62 for a specific performance of a sale by puljlic auclioiv 63 for a specific performance, ven- dee against vendor 64 by lessee against lessor for a specific performance 6(> by lessee against lessor for spe- cific performance, and injunction to restrain him in action of eject- ment 6r for a specific performance, pre- tence that by reason of the ori- ginal lease being lost, a good title cannot be made, defendant in pos- session, and ought to be charged with the rent, &c. 6S , prayer to, for a specific per- formance of an agreement, on th» faith of which plaintifi' had paid a large sum of money, and had a^so expended considerable sums in repairs, and altered the premises, that if good title could not be made, plaintiff might be taken try be a mortgagee 70 by first vendee against vendor, and an after purchaser, with no- tice, charging him with notice; also an injunction from cutting wood 71 for a specific performance, les- see against lessor 75 Fur next of Kin. bv next of kin against adminis'* tratrix, for an account of intes- tate's personalty 77 BILL 19 INDEX. BILL by next of kin against admi- nistrators, for a distribution of in- testate's personal estate Page 78 *. by infants against administra- jtratrix ami h-jv husband for an account of intestate's propert}" ; allowance ; guardian receiver ; bank a party ; and injunction to restrain the selling stock ; title deeds to be deposited 79 by next of kin for a distribu- tive share against an administra- trix, and for an injunction to prevent the transfer of stock, under a suggestion that she meant to leave the country 81 * by one of the next of kin against an administrator, for an account of intestate's estate and distribution ; pretence that plain- tiiT's share uas expended in his education and maintenance 8'^ Tar and agaiJt.st Executors. by husbautl of legatee against an executor lor payment of le- gacy 85 — by executor to establish will, and carry the trust into -cxccu- lion 8(5 — to c.-tablish a will and account, and which of the executors pos- sessed himself of part of personals; injunction to restrain executors from receiving any further parts; receiver; guardian; allowance; wi- dow makes her election 89 ■ — by executors for t!je directions cf the court 90 — r for an account against execu- tors and tenant for life, und to }iave the residue secured for be- nefit of those interested 01 by two executors and trustees under a will, to have the trusts of a will carried into ixecution, there btinginconsisient claims ; one exe- cutor declines to join in the suit 5) i by legatees for payment of Ic- j^acies, and trusts of will carried info execution, and lo supply the •defect of co|)yliold sunt ndcr 9^ I'ur and n^filit;! Truniica. to remove trustee^^ one re- fusin;; to act, ami the other having applied part of the Uu'-l niunics to liis own usf ; injunction to w* strain them from receiving further sums; for the appointment of new trustees and a receiver Pag.e 9S' BILL for the appointment of a new trustee under a marriage settle-^ mcnt, there being no such jjowef therein contained; trustee willing to be removed 99 - — — for removing a trustee who re- fused to act lorv by trustee, under a marriagi? settlement, to have replaced in the funds a sum of stock, secured by bond on the trusts of said settle- ment, and applied to the uses of the will of appointee ib. ■ • by a surviving trustee to be discharged from trusts, on thc- ground of obstruction by the hus- band o\ ccifiii que trust 102 by husband and wife against the trustees of their marriagt set- tknient to have the portion, raised for younger children, paid 105 — — ■ afiairiit trustees for selling out slock in their i?am( s, under a set- tiemenr, which, being in their cus- tody, plaintitT cannot set it out more fully ; account of the divi- dends, ami injunction from selling' the remainder ; bank a party 109l Tor Tithes. by a rector for great and small tithes 112 by vicar for account of small tithes; pretence a modus li-i to establish a modus ll6 by a lessee of great and small tithes for an account; j)retence that land is discharged 120 for establishing a modus in lieu of tithes brought, against the tC' nants in fee of an im[)ropiiate rec- tory, and their assignees, and foi^ a discovery of books in which ac- counts of payments of tithes have been kept I'l'S. Tor Ship Ai;x}iravcc. by underwriters for a fraud practised upon them in represeu- laiinn of the voyage the policy was from to , and the assureil brought an action for u total loss on that vcyuge, when iii fuc; INBfeX. feci the ship's iJcstine^l Voyage was to , where shi: arrived and was sold with her carj^o Page I'ZG ^ILLby underwriters against insurers and their agents 129 Upon Partnership Concerns. * by one partner against another for an account of partnership trans- actions, defendant having entered into various screen lations without sonsent of tiic other, and then wanting to charge the loss of sncli speculations to tlvo firm 134 - - • by copartners against act- ing partner, who had been ar- rested and imprisoned for debt ; for a dissolution and account ; and injunction to restrain him from collecting monies 136' -— — for dissolution of partnership, and injunction to restrain from collecting debts 138 for an account of partncrshij) dealings after dissolution, and for a receiver, (Sec. 139 Upon Promissory Notes. — — for an account of principal anid interest due on a promissory note ; pluintilf cannot sue at law, note being lost ; a pretence that defendant means to avail himself of the statute of limitations; charge thereto l-ll to have delivered up to be can- celled certain bjUs of exchange which they had delivered to A. to got discounted for them, but which he had negociatcd without any consideration to plaintiffs 14'2 ■ by the acceptor of an accom- modation note against an indorsee, with notice to have bill delivered up; and an injunction 14.3 Mortgage Matters. '—— by heir at law for redemption of freehold lands 148 of foreclosure 14'J to foreclose and to redeem a trust term 151 — — by mortgagee against mort- gagor for delivery of title deeds, under an undertaking for that pur- pose, and an injunction to restrain from defeating plaintift's priority by delivering deeds to a second iBortgagec I5i BILL by of foreclosure by the executor* of the mortgagee against the mort- gagor, and his assignees 159 for an account and redemp- tion of mortgaged premises, plain* tiff being heir at law of mortgagor, and defendants persons in pos- session ; aflidavit of plaintiff that he has no deeds of the premises l6l to foreclose, and to have a> term to attend the inheritance de- clared to be in trust for the mort- gagee l6'3 for an account of mortgage money due, and sale of mort- gaged premises l66 by heir of mortgagor for re- demption of copyhold premises, and an account of rents and pro- fits received by mortgagee I69 to have goods re-dclivered which had been deposited as a se- curity for money lent 17 1 Baiikntpt Matters. by assignees of bankrupt against bankers, for an account of money produced by sale of es- tates which w^ere assigned to them for paying certain bills which they accepted for the bankrupt 172 by assignee of bankrupt to have an assignment of lease of premises delivered up to be can- celled, which the bankrupt as- signed to the defendant a short time previous to his bankruptcy j chaige for want of valuable con- sideration. 17>'5 — — by assignees of bankruj-t, against executors of bankrupt'* father for an account, and ihat thc residue of the estate may be secured and invested fur bcnelit of his creditors 179' For Creditors. by simple contract- creditors ugainst auniiuistratorj aiul per- iiouais TJ INDEX. sonals insufficient, assets mar- shall(?cl Page 182 BILL by specialty creditor, against administrator and heir at law of intestate, for sale of mortgage pre- mises, to pay oft' mortgage as far as they will extend, and in case of deficiency, to be admitted a cre- ditor on the general assets of in- testate ; and also for payment of an annuity, secured by other pre- mises, and that they may be sold ; and in case of deficiency, to be admitted a creditor on the gene- ral assets of intestate, judgment having been entered up 185 ■ by a bond creditor for payment out of a trust estate, devised on failure of personal assets, that deeds, «S:c. may be set out 187 by trustees, as creditors, against executor of debtor, who acted as the receiver of the rents of lands, which they held in trust for the Algebra lecturer in the university of Cambridge igi • by creditors against executors for payment of debts due by tes- tator, or an account of person- als 193 by trustees under an assign- ment for creditors, for a discovery to go to trial, defendant having pleaded set-oft', and introduced Items which ought not to be charg- ed against them as trustees 194 to oblige a creditor to accept a di\idend made under a deed of trust, in satisfaction of his origi- nal demand, defendant ha\ing signed articles, though not the deed of trust, refusing to sign the deed under pretence of some variation of the trust, and that before he had assigned over the debts to his father, for the bcne/it of all his creditors I96" J- or cancelling Instruments. to deliver up agreement to be cancelled, and lor u discovery C02 — — by Wsspc to have an agreement delivered up to be cancelled, which assi^ndl away iIk- remainder of hi» r<.;-c, coMir.iry to his inten- tion, he not being able to read or write, and an injunction to re- strain action of ejectment P. 205 BILL to set aside indentures, which conveyed away an estate abso- lutely, though they were intended to operate only as a security for a certain sum of money 207" ■ by heir at law to set aside a bill and sui render of copyhold, as obtained by fraud 210 by a widow to have a bond de- livered up, which her husband had given to his father, ciiarging that it was meant as a security for a return of part of the fortune which defendant had pretended to give him on his marriage 215 to have a bond delivered up to be cancelled, which was obtained by misrepresentation, and injunc- tion from proceeding on the said bond 217 For Copi/hoIJs. to ascertain the boundaries of a manor, and for an injunction to restrain defendant from cutting down trees therein 220 by a lord of a manor for the discovery and payment of a custo- mary rent of an acre, charging that the boundaries of the lands subject are not distinguished 223 to establish the ancient customs of a manor, which the landlord departed from, to the great op- pression of the tenants 225 by a claimant of freehold and copyhold estates under a settle- ment, praying against the persons in possession a surrender of the estates, and an account of profits, also the affidavits to support the bill 234 byde\isees to have a surrender from heir at law of copyhold pre- mises, which had been devised, but not surrendered, to use of tes- tator's will, whereby the legal estate descended to the heir at law 238 For Bonrl-Creditors. by bond and simple contract creditors against an executor 240 by a bond creditor against trustees, under an assignment of joiut IXDEX. AH joint and separate debts, for an account of separate estate of obligor, and to be paid pari passu with tlie other creditors, and also an account of the joint trust pro- perty Pagc2io BILL by a bond creditor against executor of obligor for satisfaction out of real and personal estate, and against co-obligor, to supply the deficiency 246 by bond creditor against heirs at law and residuary legatee, for payment by sale of estate 250 ■ to have a bond and other secu- rities delivered up, part of the consideration being money won at play 251 For Infants and Lunatics. • by an infant tenant against trustees, for a conveyance and surrender of freehold and copy- hold estates, an a|)pointment of a receiver and guardian, and main- tenance out of profits, copyhold ])remises in mortgage, and young- est son claims according to the custom of the manor 255 to have a sum of money, which was a specific legacy, and appro- priaU'd, invested in the account- ant-general for the benefit of in- fants, guardian allow ance,&c.25S by intant and next frii'nd, to carry the trusts of her father's will into execution, and for a re- ceiver. Infant was also tenant in tail of lundb under the will of her grandfather 260 — • for the transfer of stock stand- ing in the name of the account- ant-general, which had beionged to a lunatic deceased 262 to raise a sum of money which had been paid by jjlaintili', tenant for life, under a will to make up a legacy charged on such estate, the next tenant in tail being an infant, freehold, copyhold, rever- sions, personals 266' For Legatees. by legatees against executors for payment of legacies, and to ac- count 270 by residuary legatees against executors, to establish a will for the usual accounts, that executors may be charged with any losses for not laying out money as di- rected; that widow may sign and deposit an inventory of household furniture to which she was en- titled for life Page 2*2 BILL by a wife against executjr and her husband for a legacy left to her sole and sejjarate use 27C) To set aside an Award. to have arbitration bonds de- livered up to be cancelled, the award being v{)id, and an injunc- tion from proceeding ou said bonds 277 For Annuities. by annuitant for an account of money produced by sale of tim- ber, it having been felled for the purpose of redeeming his annuity, and the trustees having aj^plied it in discharge of the arrears of ano- ther annuity 280 For Literary Properti/. to restrain from printing and publishing the trial of lord vis- count M., the exclusive right having been given to plaintiffs by the chancellor, by order of the house of lords; and for an ac- count 285 by the owner of a musical copyright against a dealer in mu- sic, who had infringed his right; inquiry as to books 2^1 Of Interpleader. of interpleader by a lessee of tithes again\t rector and orders to whom the same had been assigned to ascertain the proper parties ; and injunction 2^5 by executors-. whose testator was possessed of certain trust monies, and for which a bill in equity had l)een filed by t!u; heir at law of cc)>t(ii que trust, and an action at law brought by the husband 300 of interpleader, by tenants, against executors untlerawill, and trustees under a deed, and against an infant tenant-in-rail, tlie trus- tees claiming an apportion«H:-nt of the viu \^-Dl.t, the rent to tte death of tenant for life, a.ntl the executors claiming the whole half-ytar's rint for the infant tciiant-in tail, and an in- junction to restraui them trom proceeding at law Fage 303 Certiorari. BILL to remove a cause from the lord major's court into the hi::h court of chitiicory 30^ To perpetuate Testimony. , to perpetuate the testimony of witnesses, observations upon 310 ■ to perpetuate the testimony of \\itnesses to a will 313 — ■ — to examine plaintiffs witnesses to perpetuate their testimony as to boundaries of plaintiff's estate 31'2 ^ to perpetuate testimony of wit- nesses as to a marriage 315 Discover}/ of discovery, observations upon 317 • of discovery in the lord may- or's court by the defendant in the action there, as to the cause being within the jurisdiction 319 — — of discovery in lord niayor's court, money attached 321 ^ , to force a discovery of deeds 323 Supplemental. -—— of revivor and supplement, ob- servations on 329 ■-■ , supplement, staling a further error in printed particular, and claiming a further compensation 333 ' , supplement, defendant having commenced an action of eject- ment since filing oriiiinal bill, and an injunction from proceeding in said action 33 i —— of supplement, in the nature of an original bill, for a hiiacy of stock given to in ca^e he bhould claim ituilhin years 335 , supplemental, for relief against the assignees of a bankrupt 337 •— — , supplemental, in consequence ol the bankruptcy of a defendant 338 of supplcmi nt on the birth of the fuit tei.ani in tail 33y pLeviibr. BILL of revivor upon the death of plaintifi", by his administrator the executors under his will having renounced Page 340 ■ of revivor upon death of a de- fendant 341 of revivor upon the marriage of teraale plaintiff, stating excep- tions and amendments, &c- 342 of revivor against hcir-at-Iaw of a mortgagor entitled to equity cl redemption against real estates 313 of revivor against personal re- presentative of a defendant, who died before putting in answer to original bill 34i Revivor and Supplement. of supplement, in the nature of a bill of revivor 345 of revivor and supplement upon the death of one plaintiff, and upon a detcndant becoming a bankrupt 317 of revivor and supplement for the purpose of prosecuting decree, for an appointment of receiver, and for various accounts 348 Cross. , cross, observations upon 352 , cross, where a person is sued to account, exhibited by the de- fendant against the complainants to produce papers, and discover w!iO hath acted in an executor- ship 353 Reiiezi-. of review, observations upon 355 to review, revise, and answer 35i To prosecute Decrees. to carry decree into execution, ob-ervations upon 35() of supplement by infants against trustees, t\c. to piosccutc decree, and defendants to be charged irith monies that they ought to have laid out 360 by an administratrix for an ac- count, and to revive a decree atui carry it into execution 3b3 BlR'l 11 of a first tenant-in-tail, sup- pkiacutal UU in consequence of 3J9 INDEX. IX BIRTIf, answer to a supplomontal bill, slating the birth of a child Page 4 16 , the registry of, to prove 492 BOND creditor, petition by A66 ■ , prayer to prevent proceed- ing upon 56" • , interrogatories as to the rea- son for executing 582 or deed, to prove 523 BOOKS, staiemcnt that defendant hath them 15 — , inquiry as to il'. BOUNDARIKS, bill to ascertain of a manor, injunction, kc. 220 ' , bill to perpetuate 312 ' of a parish, interro- gatories to prove 539 BUILDING, information by the attorney-general to restrain 378 BURIALS, registry to prove 492 c. CANCELLED, bill to have a bond 217 CAPIAS m ivitheniam, order for 621 CAPTAIN of a packet, interroga- tory as to the passage of one of his passengers 577 CAUSE, order to speed 61O CEIITIORARI, order for 620 bills, observations upon 307 CHARGES in a bill against an exe- cutor as to an account and ba- lance due, the account scheduled in the bill 23 and pretences of various kinds in a bill of foreclosure 152 CHARGE in a bill brought by the heir of the supposed testator, in order to set aside the will, as being obtained by fraud and imposition, the supposed testator having lost the use of his intellects, defendants set up the will and insist it was duly executed 24 of not a valuable consi- deration 2>G of notice on the purchas- ing an estate 162 •= of fraud and confederacy 4 CHARGE, if papers, &c. produced, plaintitV's title would appear P. 20 CHARGING part of a bill, filed by an annuity creditor, against the trustees, under a deed empowering them to sell and fall timber for repurchasing the annuity, charg- ing them with misapplication, in- asmuch as they aj'plierl the pro- duce of the sale in discharging the arrears of another annuity under an indemnity 25 CHAKirY, answer of the attorney- general on behalf of 410 , an information to esta- blish 373 ^^ , decree to establish OO'O ^W CLAUSE which gives cogniijance in equity 5 CLERK in court, order for him to attend with record of a bill, that it may be taken yro corifcsso 60S COLLEGE, information to establish one ^7S COxM MISSION to examine wit- nesses abroad, conclusion and prayer of a bill for 55, 56, 5/ ■ , order for, to distin- guish freeholds from copyholds 61G COMMISSIONERS of bankrupt, petition to call a meeting of, to prove a debt 459 COMMITTEE, order to answer by 596 CONCILIUM, order that proceed- ings in petty- bag-office may be made so 624 CONCLUDING part of a bill for a settlement, and to restrain pro- ceeding on a bond, which had been given as a security by the plaintifls for the keeping certain accounts 56* part of an answer of next of kin to bill of revivor and supplement, by eldest brother 419 CONCLUSION of a bill for a com- mission to examine witnesses abroad 55 of a bill against trus- tees for converting monies, which stood in their names, to their own use 57 X X CONCLUSION X INDEX. * CONCLUSION to a bill for a spe- cific pertormancp, vendee objects to title, charge that he makes diffi- culties to delay completion by rea- son of the fall of stocks Page 69 CONSIDERATION of a bond, in- terrogatory to prove, and when executed 5b'8 CONVERSATION, interrogatory to prove 482 CONVEYANCE and account of consideration-money, interrogatory to prove 579 COPYHOLD lands, interrogatory to prove knowledge of 4^7 • premises, interrogato- ries as to ib. • , bill to supply a defec- tive surrender of 95 COPYRIGHT of a musical publi- cation, bill for 291 COURT, answer by an executrix, submitting to act as the, &c. 396" ', answer submitting an in- fant's right to its protection 392 bill by an executor, for the direction of 90 ■ roll, interrogatory to prove a copy of 497 — rolls, interrogatory to prove ( ntrics therein 486 CREDITORS, decree for the appli- cation of testator's personal estate 653 • • , petition by, for leave to come in and prove their debts after the time limited by the court had expired, stating they had not seen the advertisements 471 — , interrogatories exhi- bited by, before a master 519 , bill by trustees, for their benefit, &c. 194 ■ , bill by, against exe- cutor of debtor I93 -~- , by speciality, for sale of property, &c. 185 -, petition by, against assignees under a commission of bankrupt 464 , by simple contract, bill l)y 182 , liill to oblige one to accept a dividend 196 -, by bund, bill by, for l)aymcnl 187 CROSS bill, observations upon P. 3'f bill, order for time to an- swer 596 CUST03I of a manor, interrogato- ries to prove 487 CUSTOMS and boundaries of a ma- nor, bill to ascertain 223 ; ancient, of a manor, bill to establish 22.'> CUSTOMARY rent, bill to have it ascertained OOP, D. DEATH of plaintifland bankruptcy of defendant, bill of revivor in consequence of 347 of plaintiff, bill of revivor in consequence of 340 ■ of a defendant, bill of re- vivor in consequence of 341 DEBTS due, interrogatories as to 510 • owing by a testator, inter- rogatories as to 511 DECREES, the form of, and man- ner of drawing the same 64/ DECREE, bill of revivor and sup- plement, for purpose of prosecut- ing 348 & 360 , bill to revive and carry it into execution 363 on act of parliament, for the more easy redemption of jnort- gages 652 • -, pro confcsso, defendant being brought by alias plurles ha- beas corpus ib.- — , pro confesso, as to one defendant, and heard as to others 653 to a bill b}' creditors for the application of testator's per- sonal estate ib, of foreclosure 634> of redemption where the mortgagee had been for years in possession ib. for a partition; infants to have a day to shew cause 655 for a partition of an ad- vowson ib. , opening stated account, and directing general accounts 606 to set out dower, and. to account for one-third of the rent? and profits of the estate accrued since the death of the husband ib. DECREE INDEX. XI jDECREE to confirm jointure by consent, tlie lands having been specified in tlie settlement P. 6.57 - — to set out jointure, joint- ress entitled in equity only, mas- ter to set it out ().'5S for an account and distri- bution of testator's personal estate, if not sufficient to pay the debts and legacies, then the rents of real estate received by tenant for life to keep down the interest, and the principal to be raised by sale or mortgage ib. for an account of rents and profits; personalty ; receiver ; &c. 6'5f) for establishing a charity 6"(i0 -, trustees of a charity be- ing reduced to a small number, others appointed 66\ for an account of tithes ib. , another, for an account of tithes ib. , where executors have paid debts and legacies, to stand in the place of creditors and le- gatees 66'2 for appointing a receiver ib. on the reservation on fur- ther directions ; master to com- pute subsequent interest on the debts as carried interest, and cer- tain sums of stock to be sold and applied in payment of debts; exe- cutor to pay into court what is reported due from him to testa- tor's estate ; consignee to pass his accounts, and out of profits to pay growing interest and arrear of an- nuities, and tax all parties their costs, which are to be paid by consignee out of profits of estate; further reservation as to lessee, legacies, &rc. ib. nisi, where defendant makes default 66\ • — -< 7iisi, where defendant, an infant, makes default ib. DEEDS, interrogatories to prove, by subscribing witnesses 4,99 - — ; , interrogatory to prove the iind-ina of 580 DEEDS, bill for the discovery of Fagc 323 DEFAULT, where defendant makes, a decree in that case nisi 06t DEFECTIVE title in a vendor, in- terrogatory as to 547 DEFENDANT, a single answer by, to a bill of revivor and supple- ment 418 ■ , order to examine 5£)9 DEMURRER, observations upon 422 for want of parties 4Q6 • for want of equity ib. , because the disco- very sought may subject the de- fendant to penalties, which the plaintit!" has not waived ib. and answer, several, of B. C. wife of T. C. a lunatic, one of the defendants, to the bill of complaint of S. E. complain- ant _ 427 • to a bill of inter- pleader for want of the usual alFi- davit, that plaintiff does not col- lude with any of the defendants 428 ■ to a bill relating to distinct matters ib. -, conclusion of an an- swer. insisting tl.at t.',ie plaintiff is not entitled to r'.'iief in equity, and claiming tho benefit of that de- fence as if the bill had been de- nuiriod to 429 -, where the defendants are charged with felony or com- pounding felony ib. for want of parties. and for want of an affidavit to a bill, brought for a discovery of a deed 430 for, that the plain- tiffs have not entitled themselves to prosecute ib. , plea and answer to a bill seeking relief against a will, whereby a personal estate is de- vised, being proved in the eccle- siastical court, and the will plead- ed in bar, and for want of equity 431 — ; order to adjourn 6l9 -X X 2 DEMURHEli Xll IKDKX. DEMURRER and answer Page 427 DEPOSITIONS, order to use 600 DIRECTION of a bill in chancery to the Lord High Chancellor 2 • — ■ if the seals be in com- mission ib. of a bill in the court of exchequer ib. of a bill in chancery of the great sessions ib. — of a bill in the chancery of Lancaster ib. DISCLAIMER and answer 455 DISCOVERY, bill for, in the Lord Mayor's court 319 DIS^IISS, bill to, for want of prose- cution, order for 5S8 DISTRIBUTION of testator's per- sonal estate, decree for, if not suf- ficient to pay the debts and lega- cies, then, &c. 658 DISTRINGAS, order for 605 DOWER, decree to set out and to account for, since the husband's death 656 E. EJECTMENT, injunction fron^pro- ceedin>T in bill for 334 ELECTION, order for either to proceed at equity or law 6'02 ENTITLE to sue demurrer, be- cause defendants have not entitled them to sue 430 ENTRIES and letters, charge and inquiry as to 41 EQUITY, demurrer for want of A'26 ESCHEAT, answer of the attoriiry- general claiming one 409 ESTATE, the possession, interroga- tory to prove 583 EXAMINE WITNESSES, order for 599 EXCEPTIONS to a master's re- port, words of course before 13 , answer after, they having ijeen allowed 413 , to accept, order for 5.91 — , to refer, order for 5.9'i 1 , order for the argu- ing 610" > , order to answer 6 IS EXCHANGE, bill of, bill to hav^ the same destroyed Page I t2 EXECUTORS, cha'ges against 23 • decline to join irl the suit 94 , interrogatories to ex- amine 510 EXHIBITS, interrogatory to prov© thtm 56 -U , order t6 prove 6 1 1 F. FELONY, demurrer to a bill where defendants are charged with 429 FEME COVERTS separately, order to examine 6l4 FINE CERTAIN in a manor, inter- rogatory to prove 496 FLEET, petition to be discharged from 4?3 , order for the commitmenf to 599 ■, order for habeas corpus to turn a defendant over to the 609 FOOT-WAY, information against opening it as a carriage-way 3S3 FORECLOSURE, prayer for 49 , bill for 149 , bill for, by the executors of the mortgagee "[j^} , bill of, answer lo 4G4. ■■ ; decree cf 654 FOREST, information for an ac- count of timber cut in the king's 380 FORMA PAUPERIS, order to ad- nnt a defendant as, in 601 FREIGHTAGE of a ship, interro- gatory to prove, as well as the expenses, ^e. 5J5 G, GAMING, a bill to have a bond delivered up, it being given for money won at play 25 1, , money won at 253 GOODS sold, delivered, and money lent, interrogatory to prove 476' GUARDlAN,"bill for 79 — to be appointed 256 , receiver, and mainte- nance, bill for 258 , order to assign 597 HABEAS INDEX. XUl IL JIABEAS CORPUS, order for, de- fendant not hemj; able to give se- curity on A'e exeat regno P.G'22 ■ directed to a giioler in a county V)Hlatine ib. IIAND-WRITING, interrogatory to prove -tyj HEIR at law, bill by, to set aside a will, and surrender of copyhold, as obtained by fraud 210 , answer of, admitting the will 412 HUSBAND, bill to be relieved from the trusts on account of obstruc- tions by 102 = and WIFE, joint answer to a bill for a legacy 401 I. IDENTITY of a person, interroga- tory to prove, under a marriage settlement 523 ILLEGITIMACY, pretence of; charge to the contrary '29 IMPERTINENCE, order to refer a bill for 59s INCLOSURE, interrogatories as to 576 I>XL'MBRANCES, inquiry after such as concern real estates 4-6 • -^ — , interrogatories as (o, upon an estate in the West Indies 0I8 IN DORSEM ENTS, interrogatories to prove 499 INDUCTION to LIVING, interro- gatory to prove 532 INFANTS, order to inquire which suit is most for their advantage 616" , bills for 255 to 258 , bill by, against adminis- trators 79 INFORMATION, title of 3 • by the attorney- geiK'ral, at the relation of A. B., against the trustees for establish- ing the right of certain persons to )iominate the objects of the cha- rity, and to remove the trustees for abuse of the charity 37 1 and bill for re- establishing a charity which had become dissolved by the death of the trustees without the appoint' incnt of successors, whereby tlie estates vested in the heir at law of the founder Fage 373 INFORMATION for establishing a coUege under a will made before 9 Geo. II. though devisor did not die until long after the act 375 ■ by the attorney- general to restrain building 379 , at the suit of the king, for an account of timber, trees, &c. cut down in the king's forest near S., the defendant pre- tending that he was entitled to the same, or part thereof, as keeper of the forest 380 against opening a foot-way for a carriage road 383 INJUNCTION on attachment, or- der for 586 on attachment for want of answer ib. from printing books, order for ib. , order to dissolve 58/ 6 1 4, INQUIRY whether the defendant hath not, in his custody or power, the account of books, papers, or paper-writings, of his real and personal estate J 5 • relating to letters and papers wilfully burnt and de- stroyed 21 as to letters concernin • to prove books of rtccount 477 to prove an agreement 480 to provG agree- ment by subscribing witness, if not by some person who knows D.'s hand-writins 480 to prove the letter, dated, &c. by ihc same wit- ness who is examined on tlie 2d interrogatory ib. ■ to prove offer of money to defendant D. by the examination of Mr. E. ib, to examine the solicitors of defendant R. C. Avho contracted for the purchase, as to their knowledge of plaintiff's agreement 481 ■ to examine the partners of T. R. C. and prove agency between them ib. to prove con- versation between plaintiff and one of the partners of defendant T. R. C. 4-,2 ■ for the ex- amination of the same partners as to their borrowing the plaintiff's agreement, and the conversation that passed thereon ib. to prove the sale of an estate by auction which was purchased by an agent 4S3 to prove mis- representation upon the sale of an estate as to right of free-bench 484 to prove in- structions given to a person with respect to the widow's rights ib. as to informa- tion given to plaintiff 485 as to the re- fusal to deliver up land upon the death of a person ib. as to what passed at the sale as to the de- claration of selling that estate as it was ib. as to what passed at the sale with respect to the right of widowhood 4S(> INTEl^ INDEX. XV INTFRROGATORIES for the exa- mination of a witness to prove whose hand-writins; iho words are *' the widowhood has been en- joyed." Page 4,86 > to prove co- pies of all the entries in the court- rolls respecting the right ol widow- hood 486' to prove the reputed custom of the manor as to widowhoods 487 to prove pi a in- tift's title 490 for the exe- cutors of plaintiff's mother, and any person who can speak with accuracy as to pedigree ib. — ■ for the execu- tor of plaintiifs mother, or any other person who can speak to the fact of possession 4f)l for the proof of the registers of births and bu- rials which support the pedigree 492 for the proof of any inscriptions on tomb-stones which support the pedigree ih. to prove a search in the proper office of wills ib. — to prove the entries of adminibtrations, if any ib. ■ 1 ■ • to prove rela- tionship or pedigree 4,93 to prove know' ledge of testator's grandfather, and marriage ib. to prove the issue ib. to prove chil- dren died without issue ib. • to prove mar- riage, and their having a daughter of such 45)4 • to prove mar- riage tb. — ■ to prove plain- tiff''s only surviving children ib. to prove the custom of a manor 4^5 . — to prove the entry in the court-rolls of the ma- nor of J. L. his wif<', and all other entries in which it appears that the iliie paid was according to the cus- tom now contended for Page 495 INTERROGATORIES to prove hand writing ' tb. to prove that it has never been pretended in the manor, that the tenants had not a right of renewal ; as the modern practice has been to pay an arbi- trary line. [The interrogatory is so framed as not to call upon the witnesses to speak of the amount of the fine, they must be cau- tioned to answer the questions put to them, and to say nothing of the an.ount of the fine] 49t) to prove a de- claration that formerly there was a fine certain ib. , as to copy- hold premises 497 to prove hand- writing of clerk of the ])eace ib. to prove copy of court-roll tb. as to know- ledge of copyholds ib. — whether de- fendant sold premises ib, as to rent paid ib. . as to taking possession 'ib. — ■ '■ to prove a will 498 to prove deeds by subscribing witness 499 to prove in- dorsements ib. — to prove a will by all the subscribing wit- nesses, if living 500 for the exa- mination, before a master, of the executor and heir it law of cie- f'endant, who was the agent, stew- ard, receiver, and manager of the estates in question ib. to prove whe- ther a person was empowered to let the estates in question, and to XVI INDEX. to receive tlie rents, A:c. Inquiry as to the particular rental, what money received, duce of an estate in the West indies 516" as to the con- signee of produce from a \\'est iudia eslalc in niortgagc ib. INTERROGATORIES as to the in- crease and proiluce of negroes on an estate in the West Indies P.51f> to examine mortgagees in possession as to re- ceipt of rents 517 '■ to prove that crop was on jilantation at the timo of sale ; whether free from incum- brances; as to security mort- gagee had, and to what he resorted for payment of his money 518 ■ • to prove that crop was on plantation, and what has become thereof ib. as to incum- brances on plantation, and la whom due it, as to the se- curity besides bond and mortgage ib. to prove what security mortgagee resorted for payment of his money ib. exhibited by creditors, before the master, con- cerning a bond 519 to prove the existence of the bond ib, to prove that the same came into Mr. L.'s pos- session, and what hath become thereof ib. '■ ■ to prove that the bond was executed by lord D., and to learn who was the attest- ing witness, and by whom the bond was filled up ib. to prove that Mrs. T. gave no authority to re- ceive the bond 520 to prove ac- knowledgments probably made by lord D., that he gave the bond for JMrs. T.'s use ih. ■ — to prove let- ters ' ib. as to the es- tate and etlects of a testator ib. as to personal estate and eftects executed, debts due to testator ib. as to debts due to testator ib. as to debts due ib. INTERUOGATOIUI-S INDEX. xvn INTERROGATORIES astofrechpld and c«jpyh()listinent Page 538 INTERROGATORIES to ascertain the number of calves, colts, and pigs, and the quantities of milk and honey ib. • to ascertain the quantity of garden stutT and other fruit ib. general, in- quiry after other titheable matters o39 •to prove boun- daries of a parish, and to ■what parish rates and tithes have been paid ib. to prove boun- daries and division of parishes ih. to prove in what parish the lands are situate, and to what parish such lands have paid poor's rates and tithes ib. ■ : ■ different, use- ful in tithe causes 340 - — : to prove pay- ment of money and by whose di- rection ib. to prove whe- ther money was paid according to written agreement, and whether by drafts or otherwise ib. — notice to set out tithes in kind ib. to prove that he has known the parish of B. and the lands in (question all his life 541 to prove that as farmer or lessee he was entitled from to , to receive all such tithes, and all customary payments within, tkc ib. to prove that during the time he was lessee he received no tithes, and that he daily rcceLvcd the modus ib. to prove that hfv, (IS informed at the time he became farmer, that there was a nKjdus only payable for C. and tliat a bo(jk was delivered to him th.it mcntiont-d this ib. to prove that durin" the lime hu was fuinier no other person took tithes in kind, or any modus for the said lands Page 542 INTERROGATORIES to prove the reputation that the lands are not titheable, and the quantities and boundaries ib. ■ to pro- e two receipts mentioned in letter ib. ■ to prove re- ceipts signed by other lessees, if any 543 to prove the ih. to prove Mr. ih. to prove the ib. to prove what passed at the purchase of an estate ib. to prove the delivery of a notice R.'s letter of, &c. notice given sale of premises by auction, and the agreement thereto 545 to prove the memorandum or receipt signed by auctioneer ib. to prove tlic agrcemnct signed by plaintift", and the circumstances of the sale 546 ' as to sale of estates, defective title in vendor, plaintiff's title, purchase less than valuable consideration, conversa- tion about title, fine, &c. 547 respecting the purchase of estates, and as to ob- jections on the title 549 to prove the printed particiilar, examination of the auctioneer ih, to prove the estimated value of land by the ex- amination of the surveyor ib. to prove the delivery of abstract ib, to prove the actual quantity by admeasurement 550 to prove that the objections were made at the time of the agreement ib. •- as to an agree- ment to purcluiie a cargo of ne- ih. grocs INTER. INDEX. XIX INTERROGATORIES to prove an assignment made previous to bank- ruptcy was frauflulent Vage 5J2 ' as to a bank- rupt's connexion with a certain co-partnership 5.54 exhibitL-(l be- fore commissioners of bankrupt as to the bankrupt and his estate 555 — relative to the solvency of a bankrupt, at the time of his assigning ctrtain pre- mises to particular creditors 558 to prove a co- partnership 559 to prove arti- cles of co-partnership ih. to prove the carrying on the business before A. E.'s admission into the partnership by the book of the trade bills ib. , examination of messengers to prove that the heads of articles were delivered to them for the purpose of drawing regular articles, and why such ar- ticles were not drawn 560 to prove part- nership ib. to prove the advertisements of the partnership 501 — to prove a ib. — to examine partnership tradesmen as to their knowledge of a partner>!)ip 5{r2 '- to prove ex- hibits 5(ii as to partner- ship accounts 5L^5 as to partner- ship transaction 566 ■ to prove the partnership by declarations of A. or by dealing with them as part- ners ib. to prove a change made in the firm of the house at Christmas 567 to prove that from Christmas B. alone carried on the business ib. to prove part- nership dealings and transactions Page 567 INTERROGATORIES to prove partnership dealings and transac- tions 568 for the exami- nation before a master, to prove consideration of a bond, and as to monies paid for passage, &c. 26^ ■ ■ — to prove the consideration of a bond when ex- ecuted, if after dinner and intox- icated, \\hether addicted to drink- ing, by whom prepared, the con- sideration, if for monies, set forth in what manner advanced, whe- ther paid for his passage, whether brought any money on board ib. • as to the claim of £ 569 ' as to the claim of <£ ib. as to Mrs. W.'s passage ib. what agree- ment made for passage, whether dined at the captain's table, what is the customary payment of com- mon pas'iengers, and what of those who dine at the captain's table ib. for the exa- mination before a master to prove the age of children 570 '■ whether chil- dren living of the marriage, what their names, where born, whether any dead, when did they die ib. ■ — whether any baptized, whether any entries made, in what churches ib. — as to the exe- cuting and consideration of a bond ib, to examine a •I solicitor as to a letter written and the motive ; as to the intention of employing another solicitor ; as to an action commenced for business done ; as to instructions to appear at the hearing, &c. 572 to prove let- ter written, and motive for writ- ing it ib. ———————— to prove no- tice XX liS'DEX, tice that they meant to employ another solicitor Pan c b7'2 INTERROGATORIES to prove ac- tion commenced for bill in othe; business ih. — to prove let- ter, and as to the persons men- tioned therein 573 *— — to prove that C. had no instructions to appear for defendants at the hearing, and did not in fact deliver briefs for them ib. -r to prove situ- ation a person held, acquaintance, receipt of monies in such situa- tion, expencesand mode of travel- ling, means of providing for his family, &c. ib. — to prove situ- ation and office ib. as to acquaint- ance ib. — as to the re- ceipt of monies 5/4 . as to manner of living, bic. expences of family, &c. ib. expences for travelling ib. whether any other means of providing for his family ib. as to similar employments ib. as to the sale. freightage, and expences of a ship 375 relative to an inclosure b'lG • — to prove the l(;rd's assent to the inclosure ib. to prove the agreement of the land owners to the inclosure ih. to prove the suivcy made at the general char/io of tin; land-owners ib. to prove the general meeting held between liie jiroprietors of S. iind the adjoin- ing Un\ nships ih. to prove the prol)ablc rjuanlity of plaintiff's .allotment ib. .■■--■- fur the pur- pose of examining a captain of a packet, as to one of his pabscn- gers, &c. Vagf 57/ INTERROGATORIES fcr a variety, of niatters ; — to prove a deaili, a registe]-, a notice, by what autho- rity an agreement signed, an a- greement for lease, service with copy, payment of annuities, a con- veyance and receipt of considerar tion money, to prove note of hand, and other matters 378 to prove a death ib. to prove a rcn ib, — to prove a no- _ to prove by what authority agreement was sianed ib. gister ticc to prove an agreement for a lease 579 • ■ as to the pay- ment of annuities ib. to prove con- veyance and receipt for consider- ation indorsed thereon ib. ■ to prove the finding of old deeds, surveys, &c. 5Sb to prove a will or other writing in the words it contains ib. to prove no- tice ib. to prove re- ceipts upon deeds 5S1 to prove the consideration money mentioned to be paid in a deed, to be really and bond fide paid ib. to examine as to boundaries, customs, moduses, ^c. ib. • to prove copy of record ib. to prove co- pies of the registers, baptisms ib. to prove two bonds, and as to the circnmstanccs for which they were executed 382 to prove a tender of money and refusal ib. to prove the amount of a mortgage debt ib. INTER- index; kxi INTERROGATORIES to prove note of hand Page 5 82 *— — ■ — — — to prove in Avhat manner, and at what time the balance of accounts of part- nership were made up 583 — • • — a^ to posses- sion of an estate ib, — ■■ as to what property was possessed spcci Il- eal ly bequeathed ih. ■ ■ — to prove debts due iO. to prove the identity of a person ib. to prove the entry in the navy-oftice books 584 the title of, for the examination of a party pro intcresse sua il> the title of, for cross-examination of a party examined, pro intcresse sua ib. order to add one to those already exhibited 618 — to ;uld one as to exhibits, publication having passed 6i^ IN'l'ESTATE property, bill for an account of 77 > estates, interrogatories as to 50.3 ISSUE, interrogatory to prove 4UJ ." — ■ , to pro'.e that tiicy are alive 52-i J. Jointure, decree to confirm 65J * , decree to set out O'jS JUDGMENT, order to confirm on writ of error notwithstanding in- junction (So6 Lands, interrogatory to prove in uhat parish situated 539 LEASEHOLD, charge, inquiry, prayer as to, in a bill against ex- rcutors 43 — property, interroga- tories as to 512 LEGACY, bill for the payment of 85 '. - "■■ ■■■ •-, bill for, and an account 270 LEGAL representative, not beings pica of Page 450 LEGATEES, bill by, for the lega- cies 95 LEGATEE, answer of, to elect to take under the will 400 LESSEE against lessor, bill for a specific performance 67 LETTERS and messuages, &c. in- quiry as to 20 , interrogatory to prova 480 , interrogatory to prov« 520 written, to prove, and tlid motive 672 LIMITATIONS, statute of, plea of 449 LORD of a manor, answer of, upon having seized copyhold premises for want of a tenant, after three proclamations 410 — — — of manor's assent to an in- closure, interrogatory to prove 576 — Mayor's court, bill to re- move a cause out of 309 Mayor's court, bill in 321 LUNATIC, interrogatory as to what his property consists of 50^ M. MAINTENANCE for infants 255 MANOR, inquiry after, the profits of 47 , ihe custom, interrogatory to prove 495 MARIIIAGE, bill to perpetuate the testimony of 315 — of female plaintiff, bill of revivor in consequence of 342 interrogatory prove the knowledge of •, interrogatory prove pro\ , interrogatory and the havinii a child to 493 to to MESSENGER, order lur, on a cepi corpus 6*08 MISREPRESENTATION, interro- gatory to prove upon a sale of an. estate 484 MISSU'E, letter oi) prayer for 2*2 L MODUS, \-3ill INDEX. MODUS, pretence and charge of, in a titlie bill Page 20 , bill to establish II6& 123 ]MONEY won at play 253 MORTGAGE debt, interrogatory to prove the amount of 5cS2 MORTGAGED prnnises, petition for a sale of, mortgagee being a bankrupt 45S MOR'IGAGEE, bill by, against mortgagor 131 MORTGAGEES, answer of 413 KAVY-Office books, to prove an entry therein 584 NE EXEAT REGNO, petition for 472 ... ^ order fort) 17 NEXT of kin, bill by, for their share of property, an injunction 81 KOTE, promissory bill, for an ac- count of principal and interest 141 of hand, interrogatories to prove 5tS2 KOriCE, charge of, in a bill oy first vendee against vendor and an after purchaser, injunction from cutting wood, (i'c. 71 , part of a bill where the defendant has notice of adverse claims ^l>- ' , interrogatory to ))rove its being given 543 • — -■ — , interrogatory to prove the delivery of il>- interrogatory to prove that it is intended to employ an- other person 572 -, interrogatory as to 578 KC/NC PRO TUNC, to enter order 602 NUNXUPATIVE will, answer of defendant trustee under 3i)S o. OATH, order to answer, v.ithout, or attebtarion 5<^7 OliSERVATIONS upon bills of cer- tiorari 0O7 •" • upon answers 386' OBSERVATIONS upon demurrers Page 422 upon aftidavits 643 ORDERS, forms of, for various oc- casions from 586 to 642 ORDEil for injunction on attach- ment for want of appearance 586 • • for uij unction on attach- ment for want of answer ib. for injunction on dedimus, and order for time ib. for injunction to stay waste for an injunction to stay printing books il>. for an injunction on a dedi- nu/s, and to extend to stay pro- ceeding:^ on plaintiti's bail bond 587 to dissolve injunction nisi ib. to amend by adding parties on paying costs of the day ib. to dismiss bill for want of prosecution 5SS where a notice to sue out execution had been served that the same should stand over, and the benelit of the notice saved ib. — - — to amend a bill on payment of 20s. costs ib. to amend a bill without costs, the defendant having ap- peared but not answered ib. 10 amend a bill without costs, the defendant not having appeared 589 to amend a bill without costs after answer ib. to amend a bill and answer, exceptions at the same time ib. to withdraw a replication and amend a bill ib. — — ■ to amend answer ib. to amend a bill by adding jiarties, requiring no further an- swir from tiie defendants, who have answered 5^0 to amend by making some of the plaintili's deleiidants ib. to amend a bill on paynietit of 20*. costs to some of the de- fendants, and without costs as to others, requiring no further an- swer 'f'- ORDER INDEX. XXllI -ORDER, to amend a bill without costs, the defendant submitting to ]jut in a further answer Fagc SQO ' — to amend a bill after an- swer, the plaintiff having excepted thereto, and no other answer com- ing in 591 ■ for an attachment and all other proceedings of contempt re- turnable immediately ib. ' to appoint a defendant a clerk ia court, pursuant to the statute ilj. ■ to accept exceptions ib. -^ to refer exceptions at de- fendant's request 592 to refer exceptions ib. to stay proceedings on the master's report, exceptions being tiled ib. to procure a report in days, and continue an injunction in the mean time Jb. , examination to refer ib. to refer examination of com- missioners of sequestration 59'-^ for a commission to assign a guardian ib. > for commission to examine in term time ib. for commission to examine witnesses ib. for a subpoena to rejoin, re- turnable immediately, and for a commission 591 to renew a commission ib. to appoint a guardian in court ib. to dismiss without costs, de- fendant not having appeared ib. ' to dismiss a bill after an- ORDER to answer by committee Page 69G ■ for time to answer ib. for time to answer cross-bill, after answer put into original bill ib. • for a general dismission oii hearing ib, ' ■- to dismiss a bill of review on hearing ib. to give security before ob- liged to answer 5Q7 to answer, without oath or attestation, upon honor ib. for time to answer on enter- ing an appearance ib. to answer separate, and com- swer, plaintiff not having proceed- ed ib. — for a commission to plead, &c. ib. to dismiss a bill after a re- plication 595 to dismiss a bill \vith costs at the plaintiff's request ib. to dismiss a bill without costs by consent ib. for a general dismission at defendant's request upon the hear- ing, plaintiff having not come into court ib. mission abroad to assign guardians ib. to answer separate 598 to refer defendant's answer to the plaintiff"'s bill to the master for impertinence and scandal ib. to refer a bill for scandal and impertinence ib. to expunge the impertinence of the plaintiff's bill, and 10 tax costs on motion ib. to accept bill paying costs out of purse ib. for commitment to prison of the Fleet, the fourth answer being reported insufficient 599 to examine a defendant ib. to examine witnesses de bene esse ib, to enlarge publication ib. to pass publication 6'00 to eidarge publication when. it has passed 2V,'. to use depositions ib. to confirm a report u\)on commissioners' cerliticate, or as to purchase 'tb. to confirm by consent of some defendants, and nisi a> to others 601 to confirm a report absolute ib. , admittance of a defendant mj'urmd pauperis ib. , admittance of a plaintiiT'in fornui pauperis ib. to serve an attorney-at-law ib. ORDER XXIV index; ORDER for an election, either to proceed at law or equity Page 602 to enter order nunc pro tunc ih. to revive proceedings ib. to refer second answer ib. — — to refer second answer on submission ib. ' ■ — for liberty to exhibit inter- rogatories as to the credit of a witness 603 — for a Serjeant at Arms ib. for Serjeant at Arms, for want of examination, unless de- fendant puts it in in four d lys ib. for Serjeant at Arms, tor want of further examination ib. to produce books in four days, or a Serjeant at Arms 60i for a Serjeant at Arms on the return of a messenger ib. for a sequestration against a member of parliament ib. for a di.),t rill gas 605 for an alias distringas ih. — for pluriis distringas ib. for a distringas against a body corporate ib. for a sequestration on dis- tringas et alias ct p/uiics distrin- gas ib. for sequestration agaiuat de- fendant in prison, for non-pay- ment of money pursuant to decree Ci)6 to confirm judgment on a writ of error, notwithstanding in- junction ib. for a svbpa:na scire facias ib. to re\ive by svbpccna scire Jacias ib. for senior !^ix clerk to be assigned as guardian to infant, after brought into court by mes- senger 007 for a mcssen"er to brini: an in;aiit into court to luivc a gi.ar- d.an ib. -.when the court appoints the (hfennant a ch'ik in couit to ap- ])('ar pvr>>u.;nt to ihe act ib. -- - - ior an alias habuts corpus cum ' , where d-liiMiint was not L jlil up bv habeas corpus ib. ORDER for defendant to appear ptifi suant to the statute, 5 Geo. J I J. Vage Cos , clerk in court to attend ib. ■ — for clerk In court to attend at the hearing, with the record of bill, to have it taken pro confesso ib. for a messenger on a corpus that defendant be cept lb: turned over to the Fleet, and habeas cor" pus cum causis directed to wardefi Cot) for the defendant to be turned over to the Fleet ib. -^ , another, for habeas corpu$ ib. tor habeas corpus, on de- fendant being in custody ib. for defendant to be remand- ed to the Fleet f arid for an alia 9 habeas corpus 6" 10 for defendant to be remand- ed to the Fleet, and a, pluries alias habeas corpus ib. for defendant to be remand- ed to the Fleet, and tor alias pluries habeas corpus, and clerk in court to attend ib» to speed a cause 61 1 to revive ib. to prove exhibits ib. for further time ib. for further time on third ap- plication ib. to refer it to the master to see who set counsers name to bill 6f2 for a guardian to an insane person ib. ■ ■ to tax a solicitor's bill ib. — : — to make decree absolute ib. ' — ■ — for an infant to convey 6"l3 to a]ipoint a receiver as to several kinds of estates, and' of an estate in Ireland ib, to tax costs, no relief being prayed b) the bill 6M4 to make an agreement an order of court ib. to examine feme coverts se- parately ih. to dissolve an injunction, iinUss cause revived ib, to answer by committee 615 ORDER INDEX. XXV ORDER for slierlflf to make return on attachment Page Gl5 ■ to vacate recognizance of a receiver ib. • for a writ of supplicavit ib. for a commission to set out and distinguish copyhold from freehold lands 0"l() to see which bill is most for infants benefit ib. to deliver long annuity or- ders out of the bank ib. for arguing exceptions ib. on arguing plea and demur- rer, where over-ruled, variations where they are allowed, and when ordered to stand for an answer 6l 7 for sale of annuities and payment of cash out of bank ib. for ne exeat regno ib. to disallow cause, and dis- solve injunctiofi 6"l8 • to adjourn petition ib. to answer vinculis, fourth answer insufficient ib, to add an interrogatory to those exhibited ib. to answer exceptions to a decree of charitnble uses ib. to add an interrogatory as to exhibits, publication having passed 619 to make award an order of court ib. ta amend bill by making some of the plaintiffs defendants ib. — — for time for husband and wife to answer separate, although defendants do not live separate ib. for arguing demurrer in petty bag ib. , demurrer to adjourn 620 to confirm proceedings un- der act 5 Geo. J II, ib. for a certiorari to remove cause out of the mayor's court ib. ■ ■ to dissolve injunction on demurrer being yl lowed (521 for capias in rcithernam ib. for commission on master's certificate ib. , exceptions and further direc- tions, opened separately ib. for time to answer cross-bill after defendant has answered ori- ginal bill 622 ORDER for habeas corpvs, defendant not being able to give security on 71 e exeat regno Page 622 , habeas corpus to gaoler of county Palatine of D. ib. -, habeas corpus to county Pa- latine of L. ib. , habeas corpus on application of sheriff, [.laintitf not applying to bring defendant up 623 for injunction against mem. ber of parliament ib. — , injunction to stay proceed- ings in execution at C. ib. -, injunction to deliver pos- session and deeds to the plaintiff 624 -, injunction to deliver pos- session to plaintiff, defendant re- fusing ib. • to make bonds of submis- sion, order of court ib. that proceedings in ])etty bag may be made a concilium ib. of reference to arbitrator, who is to examine upon oath. Costs to be in his discretion, and no bills to be filed against him as arbitrator 64' 1 , tipon a petition, for the sale of estates 64.2 ORIGINAL bills, observations upon 59 P. PAni PASSU, bill by creditors to be so paid 243 PARTICULAR of an estate, inter- rogatory to prove 549 PARTI Eb, demurrer for want of 426' ■ , interrogatories as to knowledge of 476 PARTITION, prayer in a bill for 52 , decree of, and thai in- fants should have a day to shew cause 655 PARTNER, bill by one against the other 134 PARTNERSKIPaccounts,preteiTces and charges as to 26 , prayer by some partners, for various subjects 50 -, bill for a dissolu- tion of 136 Y X PARTNERSHIP, XXVI INDEX. PARTNERSHIP, bill for a dissolu- tion and an injunction, &c. P. 138 — -, interrogatory to prove 559 accounts, interro- gatory as to 566 PARTS'of a bill in equity, and ob- servations on each part 1 PART of a bill by executors, who had mjtice of adverse claims for the purpose of having the same ascertained 17 PEDIGREE, interrogatories to prove 490 PENALTY, demurrer, because the discovery sought may subject the parties to penalties 426" PERSONAL estate, inquiry as to 45 PElvSONALS, interrogatories as to 310 PETITION for sale of mortgaged premises, the mortgagee being a bankrupt 458 to call a meeting of commissioners for the purpose of proving a debt recovered by ac- tion against the bankrupt 459 • by assignees against their bankrupt, who was an exe- cutor and residuary legatee, to restrain him from receiving fur- ther part of his testator's pro- perty, and to pay what he had so received 4()2 to prove an annuity, or the value thereof 463 by creditors against the assignees, under a commission of bankruptcy, to have them re- moved, they not being creditors, but the friends of the petitioning creditors, and for them to account for what had come to their hands, and deliver up all papers, &c. 464 by a bond creditor to have certain property assigned to him, as a security, sold, and to prove the deficiency under the commission 406 to have certain shares of stock transferred to each peti- tioner, they haviii'i attained their respective ages, with a decretal order recited. Opinion as to the aflidavits n(( ( ssary as to coming of age, and affidavits of incapacity to maintain infants without an al- lowance Page 468 PETITION by creditors for leave to come in and prove their debts, after the lime limited by the court had expired, stating they had not seen the advertisements 471 for a Ne exeat regno to prevent the husband from going beyond sea, until he has settled alimony on his wif(-, stating an ap- peal to the high court of delegates, excommunication 473 • to be discharged from the Fleet 473 of appeal ibid. PLEA of the statute of frauds, and answer to some part of the bill, with notes, pointing out where it is wrong 44^ of the statute of limitations 449 , defendant not legal represen- tative 450 of the statute of frauds to a parol agreement, with a statement of the bill lb. of bankruptcy 451 PLEA (JOINT) of a valuable con- sideration by executors of pur- chaser 453 PORTION, bill to have it raised 105 POSSESSION, of an estate, interro- gatories to prove 491 PRAYER, observations upon 7 for an account of timber cut, and to restrain defendant from cutting down more timber, or from committing any other waste ih. , usual one 8 • that defendant may be obliged to put the estate into suf- ficient repair, plaintiff waving all right, &c. to manure and cultivate the same according to the terms of the said lease 16 for an account of timber cut, and to restrain defendants from cutting down more timber, or from committing any other wHste 1 7 for an account of monies produced by sales 26 th:it an account may be taken of thu money paid by the defendant 1 5ft) EX, XXVll i^efendant on the assignment of morlgaecting testator's per- sonal estate, and an account of rents and profits for the j)4yment of a debt 249 that defendant may set forth an account of the debt due to oratrix by the will of the testa- tor ib. to have a warrant of at- torney, a bond, and other securi- ties, delivered up, part of the money being won at i)lay 251 — ■ for the admission of assets, &c. ib. that the copyhold estates may be conveyed to plaintiff and the heirs of his body, and that de- fendant may deposit the deeds and all the goods relating to the said estates 258 to have some proper per- son appointed as guardian of in- fants, with suitable allowanres for their maintenance and education for a certain time 259 to establish a will, and to carry the trusts thereof into exe- cution, and also that an account may be taken of the produce of the freehold estates of testa- tor 262 that the wills of A. C. &c. may be established, and that it may be decreed to pay plaintiffs and defendants a just proportion of the dividends due thereon 266 to have certain shares of stock transferred there, standing in the name of the accountant- general, and which formerly be- longed to a lunatic ib. for raising a sum of money- out of testator's estate, and also out of the estates purchased with the money arising by sale of tes- tator's estates 26s that an account may be takea of the personal estate of testator, XXX lf»JDEX. testator, and also an account of the tuiicral expenses, iicbts, and logaries, and that the defendant may be decreed to pay to your orator his legacy, on his attaining: 2 I years Page 272 PRA\ KR for an account of the pro ceeds ol a musical work, an in- junction to prevent a farther sale 291 PRl TKNCES. observations upon 4 " by the heir that an in- strument made according to the laws of Scotland passed an estate in tlie island of Jumaica, though not executed as the law of thai island requires, and charge to the contrary 5 in a bill for specific per- formance, lessee against lessor, that it was not in writing, and charge that this was immaterial, plaintiif having repaired the premises, and expi ndcd money in confidence of the agr< ement IS — - and charge in a bill that personals are insufficient, and are payable out of real estate; doubt true construction of the Avill ; pretence that the will will not ex ' nd so as to pass real es- tates, «SlC. ^b. and charge in a bill that defendants have forfeited their respective rights under the testa- tor's will, which contained a clause that in case the trustees were mo- lested by the devisees, that their devise should cease 19 and charge in a tithe bill of a modus and writings which substantiate it ■ 20 — and charges in a bill for settlement of partnership ac- counts, where only an agent for, and no articles which had been delivered by defentlant 26' that plaintiff hath re- ceived monies 27 of an account deli- vered ib- ■ ready to account 2S the same being without valuable consideration, and when assignor was Considerably in debt, and charge> thereto foge 28 PRETENCE of illegitimacy and charge of marriage between plain- tiff's father and mother 29 , &c. where defendants claim under a recovery 30 and charge in a bill by vendors against vendees for the specific performance of an agrce- mcn t 31 -, charge, and inquiry, as and charge in a bill to set a«ide an assignment of efiects lor the benrfu of boine relations, to a release or diijcharge set up by defendants, and charging fraud in obtaining the same ib. -, charges, and inquiries, in a bill brought for the discovery of the account upon which a re- mittance was made, plaintiff claiming part of it as a specific remittance for him 34- ■ and charge in a bill for the payment of an annuity, charged on an estate lately pur- chased by defendant, charging him with notice 36 of mortgage in a bill. brought for sale, or mortgage of estates 37 that a legacy and an- nuity left to plaintift were in dis- charge of a bond, and of her dower ; charge contrary 37 and charge in a bill by vendee against vendor, for the specific performance of an agree- ment 38 and inquiry where the attorney-general is a party, on ac- count of a debt due to the crown ib. -, charge by residuary le- gatees against executors for selling the wrong stock, whereby they diminished their reversionary in- terest 39 -, charge, and inquiry, as to the due execution of a will, in a bill brought to establish a will ib. — , charge, and prayer, in a bill for redemption of pre- mises mortgaged to defendant 40 PRETENCE, INDEX, XXXI PRETENCES, charges and inqi, as tu entries and li-iiers Fu compel l5 , to cnniirm as to some dr.t ndaiitj,, and ?ii.u as to others 26. — — , ordir In contiim absohte 601 HEPLlCA'l lOX, order to dismis a b'li after 5*5 REPOIiT, order to confirm u] on < oii.missioners cernficate ()00 HEPlvESENTA 1 1\ E, personal, bill ol nvivo. in consequence ot 344 I'EVIIAV, order to dismiss a bill of review on liearing 5^ 6 REVIVE proceedings, ordi r for 602 , ordir for 61 1 REVIVOR and supplemental bill, answer to 415 s. SALE by auction, interrogatory , bill for the appoint- ment of a new one, there being no power for that purpose in the deed u. UNDERWRITERS, bill by, for a fraud practised against them 126 , bill by, against insurers and their agents 129 V. VALUABLE consideration, joint plea of 453 VENDEE, bill by, against vendor for a specific performance 64 VICAR, bill by, for an account of small tithes 112 WASTE, injunction as to ]5 ; inquiry in a bill tor stay 48 , order for injunction to stay 586 ■ , affidavit of having commit- ted 645 WEST INDIES, interrogatories as to an estate in the 513 WIDOW to make her election, bill for 89 WIFE, bill by, against her husband for a legacy left to her sole use 276 WILL, pretence that it is not valid, that It did not pass real estates, 6cc. 18 obtained by fraud ; charge in a bill to set the same aside 24 , bill by executor to establish the same, and carry the trust into execution 86 , bill against executors to es- tablish a, cScc. &c. S9 INDEX. XXXlll WILL, Inquiry as to execution, &c. Page 396 — — — , iuterrogatory to prove :i search for, in the proper oflice 4.92 ■ — jinterro^atoi'ies to prove 198 ■ , interrogatories to prove, by all the subscribing witnesses 500 WITNESS, order for liberty to ex- hibit interrogatories as to the rre- dit of a 603 WITNESSES, bill to perpetuate the testimony of, with respect to boun- daries 312 •■ , bill to perpetuate their testimony 313 as to a marriage, bill to perpetuate their testimony 315 • , their hand-writing, in- terrogatory to prove • 480 WORDS of course preceding the interrogating part • 7 ' ■ preceding an answer 10 ■ ■ in the con- cluding part of an answer ib, , preceding a joint answer 1 1 . preceding an answer of infants by their guar- dians ib. " - ' ' ^ at the conclu- sio8 to an answer of infants by their guardian ib, preceding an answer, .where persons of full age and infants answer together ib. WORDS of course preceding excep- tions to an answer, &c. Pagr 12 to an answer after exceptions ib. prccedini: the answer and examination put in to interrogatories exhibited by a mas- ter in chancery ib. preceding excep- tions to a master's report, as to the sufficiency of defendant's answer 1 3 , another form of exceptions to the master's report 14 used in the in- rolment of a decree made upon bill and answer, the defendant making default at fore the answer on hearina order to confirm the hearing be- before the order ib. preceding the the report Jiisi 650 — — ■ preceding the order to confirm the report abso- lute ib. preceding the order to make the decree abso- lute ib. preceding a mas- ter's report 651 WRITINGS, affidavit that they are lost 645 THE END. S. Brookk, Printer, No. 35, Paternoster Row, London.