an account. Creuze v. Hunter, Vol. II. 165.

2. An old account shall not be unravelled, though settled upon an erroneous principle. Gray v. Minnethorpe, Vol. 11. 103.

3. A strong ground necessary to set aside settled accounts; or error, to surcharge and falsify. Chambers v. Goldwin, Vol. v. 837.

4. To sustain a bill for an account there must be mutual demands. The case of dower stands upon its own specialties: so the case of a steward. Dinwiddie v. Bailey, Vol. vi. 141.

and the character of the defendant, as bailiff or receiver. No such bill by an heir, merely as such, unless some impediment at law; as possession of the deeds by the defendant, terms, &c. The case of the dowress has turned upon the difficulty arising from her want of information and the possession of it by the defendant. Pulteney v. Warren, Vol. VI. 89.

9. In an account against an executrix the master was directed to allow items, the vouchers for which it should be verified by affidavit were impounded in the ecclesiastical court. Nielson v. Cordell, Vol. viii. 146.

as

5. Consequential upon discovery; though there may be a proceeding at law. Barker v. Dacie, Vol. vi. 688. 6. Court has jurisdiction in cases 10. Account of rents and profits of breach of confidence; though no confined to the filing of the bill, actual fraud upon the policy of the under special circumstances; law, as in case of a confidential laches by the cestui que trust in not steward or agent who is bound to asserting his right. Pettiward v. account periodically, though not Prescott, Vol. vii. 540. called on, and the court will comOf rents and profits pel it after a considerable lapse of confined to the filing of the bill, filed time; so it will direct an inquiry upon grounds of equitable relief as to leases granted by him. Lady against a mere adverse possession, Ormond v. Hutchinson, Vol. XIII. 47. without fraud, &c. Pulteney v. WarAnd see AGENT and PRINCIPAL ren, Vol. VI. 93.

(c).

11.

12.

Of mesne profits, since 7. Court will open an account the title accrued, decreed against between tradesman and customer, executors, upon the special ground, especially in the case of securities that the plaintiff was prevented from obtained from an improvident young recovering in ejectment by a rule of man; but an injunction was refused the court of law and by an injuncwhen the bills had been settled se- tion, at the instance of the occupier; veral years by the intervention of a who ultimately failed both at law legal agent, and a charge interest and in equity. Pulteney v. Warren, was supported upon express con- Vol. vi. 73. tract for it after a certain time. Lord Courteney v. Godschall, Vol. 1x. 473. Quære, If the usage of trade for eighteen months credit takes in the current year? Ibid.

8. The simple case of the death of the occupier will not sustain a bill for mesne profits under the head of accident. Upon such a bill by an infant, the ground is infancy,

13. Ground of the case of mines, which is in the nature of trade.

Case of timber, the account depends on the jurisdiction for an injunction.

Case of tithes, on the property in them there must be either a difficulty at law to recover, or fraud, concealment, &c. Pulteney v. Warren, Vol. vi. 90.

is no objection to an executory devise. Thelluson v. Woodford, Vol. iv. 317. 320. 338.

14. In equity, an account must be taken as it lies, unless some special case to vary the terms, though at law the value would be recovered. 2. The rule as to an executory Lee v. Alston, Vol. 1. 82. devise allowing any number of lives 15. An admission that some tim-in being, a reasonable time for gesber has been wrongfully cut, gives tation, and twenty-one years is now a right to an account of that. the clear law. Ibid. 319. Reasons for postponing its vesting, 327. 337. Slight circumstances are sufficient to qualify and restrain general words in a will. Ibid. 325.

16. To a bill for an account, the answer suggested a settled account, but it was not proved: held that liberty to surcharge and falsify must be given. When the bill impeaches Intention of testator not to be set an account, specific errors must be aside because it cannot take effect alleged as a ground for surcharging to the full extent, but to work as far and falsifying it. Kinsman v. Barker, as it can. Ibid. 325. Vol. XIV. 579.

17. On a bill for account, the defendant cannot, immediately after the answer put in, have a reference to the master. Eldridge v. Porter, Vol. XIV. 139.

ACCOUNTANT-GENERAL.

1. Where money is directed by an act of parliament to be paid to the Accountant-general, he is bound by the act to receive it, and the Court will not make an order for that purpose. Anon. Vol. 1. 56.

2. Under an order to pay interest to a single woman, who afterwards marries, the Accountant-general

must have the same evidence that

"Heir-male" in a will may be words of purchase. Ibid. 326.

3. Trust for accumulation contrary to 39 and 40 Geo. III. c. 98. is yet good for 21 years. Griffiths v. Vere, Vol. IX. 127.

4. In an executory devise, if the limitation go beyond the period allowed, it is void for the whole, and not for the time allowed by law. Ibid. 130.

And if the limitation postpone the vesting beyond lives in being, be supported, because it may posand 21 years after, the devise cannot sibly vest sooner. Ibid. 134.

the

5. Direction to accumulate until

children, not then born, attained age of twenty-one, held good the Court would require, viz. af- for twenty-one years from the death fidavit of the marriage identity, and of the testator, but void for the exno settlement or agreement altering cess. Longdon v. Simson, Vol. XII. the rights of the party to the prin-295. cipal. Clayton v. Gresham, Vol. x.

288.

6. Legacy to A. for life, after which to her children for maintenance, 3. So on an order to pay money them on their arriving at the age and to be equally divided among to A. or his representatives, there them on their arriving at the age of must be proof of the death, as well 21. And a legacy to B. on the same as production of the probate. Ibid. conditions, on his attaining the age of twenty-one, held that B. was entitled to the interest for life only. Longdon v. Simson, Vol. x11. 298.

ACCUMULATION.

1. The

7. Devise to A. an infant for life

purpose of accumulation and his first and other sons in strict

settlement; with remainders for similar estates. The will further directed, "during the minority of the A. family," an accumulation of the rents to be laid out in a purchase, "until the minor arrives at the fuli age of twenty-five years," and then "the heir to take full possession of

ministrator, entitling him to an injunction against the suit of a creditor, qualified by requiring an account of the assets, either by the answer or affidavit. Gilpin v. Lady Southampton, Vol. xv111. 469.

this estate." A. being residuary le- ADMIRALTY JURISDICTION. gatee, is entitled absolutely to the accumulation. Bingley v. Broadhead, Vol. VIII. 415.

ADMINISTRATION.

1. The Court cannot dispense with a prerogative administration. Challnor v. Murhall, Vol. vi. 118.

See PRIZE.

ADULTERY.

See BARON and FEME [F.] 2, 3.

ADVANCEMENT.

And see HOTCHPOT, passim. Por-
TIONS, 16, 17.-TRUST-ESTATE,

17.

2. Temporary administration granted under statute 38 Geo. III. c. 87; where the executor went to Scotland. It cannot be disputed in this court; though it may at law. Though not for a limited time, it is 1. Money laid out by the intesfor a limited purpose; viz. being tate on repairs of houses, which made defendant to suits in equity. descended to his eldest son, as heir, The effect of the return of the exe- is not an advancement, to be brought cutor, in this instance (the executor's into hotchpot under the statute; executor), is, that he must be made otherwise, if the houses had been a party in the usual course; and given to the son in the father's life. then the temporary administrator Smith v. Smith, Vol. v. 721. may account, have his costs, and be discharged: but the proceedings or child ordinarily not a resulting had are not put an end to. Rains-trust; being considered an advancement. Glaister v. Hewer, Vol. v111. ford v. Taynton, Vol. v11. 460.

2. Purchase in the name of a wife

3. During a particular period, 199. or till a particular event, determines 3. In cases upon the custom of at that period, or on that event: for London and York, the effect of adinstance, an administration during vancement is only to remove that the absence of an executor; and child entirely out of the way, and the administrator ought in his de- to increase the shares of the others, and not to increase the part of the claration to aver, that the executor is out of the realm. Ibid. Vol. vii. estate of which the father would otherwise have power to dispose. 467. Folks v. Western, Vol. 1x. 460.

ADMINISTRATOR.
And see EXECUTOR, passim.
Effect of a decree against ad-

4. Share of personal property under father's intestacy not considered an advancement by him in his life. Onslow v. Mitchell, Vol. XVIII. 494.

6. Accounts settled between two agents without vouchers upon confidence not to be considered settled against their principal, without liberty to surcharge and falsify. Ibid. 617.-See PRIZE.

agent settled from loose papers, the Beaumont v. Boultbee, Vol. VII. agent having kept no regular books. 599. After his death, liberty was given to surcharge and falsify upon allegation of errors since discovered. Lord Hardwicke v. Vernon, Vol. iv. 411. 2. On suspicious circumstances in the answer a general account was decreed against a steward, notwith- 7. Agent by the desire of his princistanding a receipt in full; which pal keeping large sums in his hands, was allowed only as proof of the for which he was to be responsible particular payment, not of a general from time to time, and duly accountrelease or discharge on an account ing, not liable to interest, even supstated; though under circumstances posing he employed it. Lord Chedit might have that effect; as upon worth v. Edwards, Vol. VIII. 48. proof, that the principal never 8. A confidential agent, in that would give any vouchers, and an character bound to keep regular acaccount kept by the steward. Mid-counts, having neglected to do so, dleditch v. Sharland, Vol. v. 87. and to preserve vouchers against 3. Accounts opened, and a ge- himself, though he had preserved neral account decreed against an those in his own favour, was on the agent, who was also tenant to his ground of gross neglect of duty not principal, in respect of fraud. The allowed a charge in respect of bills character of the defendant, as of costs for business done as a soliagent, accompanying him in his citor. White v. Lady Lincoln, Vol. situation as tenant, deprives him of vIII. 363.

the benefit of an objection, that 9. Account against a confidential might be competent to another per-agent, in possession of estates since son; as the neglect of the plaintiff 1780, without giving any account in not bringing forward the demand to his principal, residing in Ireland; at an earlier period. Beaumont v. and inquiries into the circumstances Boultbee, Vol. v. 485.--Affirmed on of a lease, granted under his direcre-hearing. tion, and in which he took an in4. Bill for a general account lies terest, and a reversionary lease to against a solicitor and agent, taking himself. Lady Ormond v. Hutchinson, a security without a settlement of Vol. XVI. 94. accounts. Detillin v. Gale, Vol. VII. 584.

[D.] WHEN A TRUSTEE.

5. Accounts opened, and a general account decreed, against an 1. Agent employed to sell estates agent, who was also tenant to his took them himself under colour of principal, in respect of fraud. The a fictitious purchase, and sold part; character of agent accompanying after his death an inquiry was dihim in his situation, as tenant, de-rected to ascertain the real value prives him of the benefit of an ob- according to which his estate was jection, that might be competent to to be charged; the principal having another person; as the laches of the an option to take what remained plaintiff in not bringing forward the unsold; and the agent having demand at an earlier period. The fraudulently prevailed on his prindecree affirmed on a re-hearing. cipal to execute a lease under the