Miscellaneous Points. ORDER XLII. Judge in Chambers, shall be entitled to interest upon his debt, at the rate of four per cent. per annum from the date of the decree or order, out of any assets which may remain after satisfying the costs of the suit, the debts established, and the interest of such debts as by law carry interest. (26th Aug. 1841; Ord. 46.) carrying interest. RULE 11. Interest on legacies. RULE 12. Time for inrolment. RULE 13. 11. Where a decree or order is made directing an account of legacies, interest shall be computed on such legacies after the rate of four per cent. per annum, from the end of one year after the testator's death, unless otherwise ordered, or unless any other time of payment or rate of interest is directed by the will, and in that case according to the will. (16th Oct. 1852; Ord. 11.) V. Recognizances. 12. No recognizance acknowledged in this Court, of what nature or kind soever, shall be inrolled therein after six months from the acknowledgment thereof, except under special circumstances, and by an order made by the Court upon motion for the inrolment thereof after that time. (22nd July 1674.) 13. Recognizances which were formerly given to the To whom given. Master of the Rolls and the Senior Master in Ordinary, shall be given to the Master of the Rolls and the Senior Vice-Chancellor for the time being. (16th Oct. 1852; Ord. 15.) RULE 14. Vacating recognizances. 14. Where, by any decree or order, any recognizance shall be directed to be vacated, the Clerk of Inrolments shall, on due notice thereof, attend the Master of the Rolls for that purpose, without any direction for that purpose in such decree or order. (22nd Aug. 1859; Ord. 17.) To the Right Honorable JoHN Baron CAMPBELL, of Humbly complaining, sheweth unto his Lordship, John Lee, of Bedford Square, in the County of Middlesex, Esq., the abovenamed plaintiff, as follows: 1. The defendant James Styles, being seised in fee simple of a farm called Blackacre, in the parish of A., in the county of B., with the appurtenances, did, by an Indenture dated the 1st of May, 1850, and made between the defendant James Styles of the one part, and the plaintiff of the other part, grant and convey the said farm with the appurtenances unto, and to the use of, the plaintiff, his heirs and assigns, subject to a proviso for redemption thereof, in case the defendant James Styles, his heirs, executors, administrators, or assigns, should on the 1st of May, 1851, pay to the plaintiff, his executors, administrators, or assigns, the sum of £5000, with interest thereon, at the rate of £5 per centum per annum, as by the said Indenture will appear. 2. The whole of the said sum of £5000, together with interest thereon at the rate aforesaid, is now due to the plaintiff. 3. The defendant Henry Jones, claims to have some charge upon the farm and premises comprised in the said Indenture of Mortgage of the 1st of May, 1850, which charge is subsequent to the plaintiff's said mortgage. 4. The plaintiff has frequently applied to the defendants, James Styles and Henry Jones, and required them either to pay the said debt, or else to release the equity of redemption of the premises, but they have refused so to do. 5. The defendants James Styles and Henry Jones, pretend that there are some other mortgages, charges, or incumbrances affecting the premises, but they refuse to discover the particulars thereof. 6. There are divers valuable oak, elm, and other timber and timber-like trees growing and standing on the farm and lands comprised in the said Indenture of Mortgage of the 1st of May, 1850, which trees and timber are a material part of the plaintiff's said security; and if the same or any of them were felled and taken away, the said mortgaged premises would be an insufficient security to the plaintiff for the money due thereon. 7. The defendant James Styles, who is in possession of the said farm, has marked for felling a large quantity of the said oak and elm trees and other timber, and he has, by hand bills, published on the 2nd of December instant, announced the same for sale, and he threatens and intends forthwith to cut down and dispose of a considerable quantity of the said trees and timber on the said farm. Prayer. The plaintiff prays as follows: 1. That an account may be taken of what is due for principal and interest on the said mortgage. 2. That the defendants James Styles and Henry Jones, may be decreed to pay to the plaintiff the amount which shall be so found due, together with his costs of this suit, by a short day to be appointed for that purpose, or, in default thereof, that the defendants James Styles and Henry Jones, and all persons claiming under them, may be absolutely foreclosed of all right and equity of redemption in or to the said mortgaged premises. 3. That the defendant James Styles may be restrained, by the injunction of this Honorable Court, from felling, cutting, or disposing of any of the timber or timber-like trees now standing or growing in or upon the said farm and premises comprised in the said Indenture of Mortgage, or any part thereof. 4. That the plaintiff may have such further or other relief as the nature of the case may require. The defendants to this Bill of Complaint are, James Styles, Henry Jones. Y. Y., (name of Counsel.) NOTE. This Bill is filed by Messrs. A. B. and C. D., of Lincoln's Inn, in the County of Middlesex, Solicitors for the abovenamed plaintiff. [Ord. of 7th Aug. 1852, 1st Set.] Interrogatories for the examination of the above-named defendants in answer to the plaintiff's Bill of Complaint. 1. Does not the defendant Henry Jones claim to have some charge upon the farm and premises comprised in the Indenture of Mortgage of the First of May, One thousand eight hundred and fifty, in the plaintiff's Bill mentioned? 2. What are the particulars of such charge, if any, the date, nature, and short effect of the security, and what is due thereon? 3. Are there, or is there, any other mortgages or mortgage, charges or charge, incumbrances or incumbrance, in any and what manner affecting the aforesaid premises, or any part thereof? 4. Set forth the particulars of such mortgages or mortgage, charges or charge, incumbrances or incumbrance; the date, nature, and short effect of the security; what is now due thereon; and who is or are entitled thereto respectively; and when, and by whom, and in what manner, every such mortgage, charge, or incumbrance was created. The defendant James Styles is required to answer all these interrogatories. The defendant Henry Jones is required to answer the interrogatories numbered 1 and 2. Y.Y., (name of Counsel.) [Ord. of 7th Aug. 1852, 1st Set.] |