23. Security by plaintiff, abroad, refused.

24. Appeal, where costs are a subject of relief.

25. Not to plaintiff, on dismissal, from the difficulty.

1. No costs to any party claiming under a contract not meritorious, even though recovered upon; not even to a

2. Costs given; and the fund, being in Court, ordered to remain till the account; the costs to come out of the balance if any due to the party, as far as it would go. 3. Costs cannot be given to a College individually, nor as a Corporation, unless proved so.

4. Costs given out of the respective estates.

5. Rule, that plaintiff in Bill of Discovery shall pay costs in all cases, is too general: he ought only, where he files a bill in the first instance; not where compelled to it by defendant's refusal.

6. Bill dismissed with costs as to one defendant: those costs given over against the others.

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I. 55

I. 221

I. 246

I. 280

I. 423

I. 426

II. 11

7. No costs on application to put party to election to proceed at law or come in under a Commission of Bankruptcy.

8. Bill of costs examined after a long period, and even after
payments made.

9. After verdict on Issue directed deeds decreed to be de-
livered up to the plaintiff: after the Master had settled
the amount of the costs, but before the Report, the
plaintiff died: on demurrer to so much of the bill by
his devisee as prayed revivor the Court inclined to
hold the rule not to revive for costs only not applicable,
where the party to receive them dies; also that the
taxation would relate to the time, when the amount was
settled, so as to take it out of the rule: but the de-
murrer was over-ruled; because it did not appear on
the Bill, that the decree had been executed by de-
livering up the deeds, Morgan v. Scudamore.
10. Where the party to pay costs dies, and they are not
taxed, no revivor for them only, because a personal
demand.

11. If the debtor in costs at law dies, they die with him: if the party to receive them dies, his representative may have a scire facias.

12. Judgment for costs at law can be only under the Statute, where there is judgment for the defendant; where for the plaintiff, costs are added to the debt or damages. 13. Revivor for costs only on the death of the plaintiff, entitled to them; though before the Report, and they were not to come out of a particular fund. Morgan v. Scudamore.

14. A creditor, being decreed to re-convey on payment of what was due on an estate in the West Indies, acquired by an unconscientious use of legal process, was deprived

II. 203

II. 313

II. 315

II. 316

II. 316

III. 195

of costs subsequent to the payment of money into Court.
Lord Cranstown v. Johnston.

15. Costs of a doubt upon the meaning of the Will out of
the general property. Barrington v. Tristram.

16. Costs entirely in the sound discretion of the Court.
17. The proper course for costs is by Petition, not Exception.
Lucas v. Temple.

18. Proceedings before the Lord Chancellor, as exercising the
visitatorial power upon a Royal foundation, not within
the Statute for taxing bills of costs. Ex parte Dann.
19. Costs of proving a debt before the Master under the
usual decree upon a creditor's Bill not allowed.
v. Screech.

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V. 277

VI. 345 VII. 28

IX. 299

IX. 547

Abell

X. 355

20. Where a question arises upon the interest in a trust fund, separated from the general residue, the costs must come out of the particular fund; and having been given by the decree, as specifically prayed by the bill, out of the general personal estate, the decree, though affirmed in other respects, was corrected in that particular; being considered as relief prayed; and therefore not within the rule against appealing for costs only. Jenour v. Jenour.

21. No revivor for costs alone; unless to be paid out of the

22. The Court looks at the Answer upon a question of costs.
Vancouver v. Bliss.
23. Security for costs by a plaintiff gone abroad, refused,
after Answer, on affidavit of his intention to return; and
his family remaining in this country. White v. Great-
head.

24. Distinction, where costs are disposed of as a subject of
relief: an appeal not open to the objection upon an
appeal for costs only. Taylor v. Popham.
25. The bill being dismissed, costs to the plaintiff on account
of the difficulty and novelty of the case, refused. Wyk-
ham v. Wykham.

TRUSTEES, &c.

TRUSTEES, &C. HEIR.-1. To trustees. Not for or against heir
defendant, raising a point, and
failing.

2. To trustees, brought into Court, and
failing in a claim, merely submitted.

3. Of course to trustees accounting
fairly, &c.

4. Not to trustee, whose neglect oc-
casioned the suit.

1. Costs to trustees: but none for or against heir at law,
defendant, who raised a point, and failed.
2. Costs to trustees and executors, brought into Court,
though they made a claim, and failed; if merely by
way of submission.

X. 562

X. 572

XI. 458

XV. 2

XV. 72

XVIII. 395

I. 205

I. 205

3. Costs of course out of the fund to Agents, Receivers, and Trustees, who have accounted fairly, and paid money into Court.

4. No costs to a trustee, whose neglect occasioned the suit. O'Callaghan v. Cooper.

See Annuity (Memorial 9.) Appeal 13. Arbitration
(Fraud 1.) Attorney and Solicitor (Attorney and Client
5. 6.) (Lien 1. 2. 6. 7. 8.) Biddings, opened 5. 6.
Bill of Review 1. Bankrupt 3. (Attorney and So-
licitor 4.) (Privilege 1.) (Proof 32. 33.) (Surplus_5.)
Charge 12. Charity. Contract 8. 70. Dower 3. Evi-
dence 4. Executor 3. 17. 42. 64. Fraud 2. 5. 9. 17.
Heir 10. Infant 22. 25. Interpleader 1. 10. 11.
Laches 17. Legacy 39. Lunatic 3. 20. 63. Mort-
gage 15. 24. Ne exeat Regno 10. 12. Partition 3.
Pauper 4. Practice 3. 20. 25. 26. 37. 41. 43. 47. 52.
66. 68. 83. 107. 140. 141. 158. 172. 211. 243. 244. 266.
285. 324. 328. 355. Prochein Amy 3. Receiver 4.
Settlement 6. Trust 13. 18. 25. 63. 70. 122. Will 211,

COSTS OF DEMURRER.

See Demurrer 14.

COSTS OF DISCOVERY.
See Discovery. Practice 196. 197.

COSTS IN EQUITY.
See Power 20.

CO-SURETY.

See Principal and Surety 9. 18.

COUNSEL.

1. Liable to costs for scandal, &c.

2. Not to reveal advice to his client.
3. Retainer by the adverse party.

1. Counsel and Agent liable to costs for scandal and imper-
tinence.

2. Counsel or Attorney cannot be called upon to reveal the
advice given to the client. Demurrer therefore over-
ruled as to the case; and allowed as to the opinion.
3. The former practice not to accept a retainer against a
client from the adversary without giving notice and an
option relaxed: but not to be accepted, if the Counsel
knows what may be prejudicial to the former client,
though refusing to retain.

See Bankrupt (Commission 2.) Pleading (Demurrer 30.)
Practice 134. Vendor and Vendee 28.

COUNTRY BANK.

See Banker 1. Bankrupt (Commission 38.) (Lien 2.)

COUNTRY CAUSE.

See Practice 373.

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I. 246

V. 117

XVI. 234

XVIII. 474

XIX. 274

COUNTY RATES.
See Charity 45.

COURT CALENDAR.
See Copyright 12.

COURT OF CHANCERY.

See Evidence 10. Lunacy 62. 63. 66. Practice 176.
Prohibition 3.

COURT OF DELEGATES.

See Will 139. 143. 176. 211.

COURT, ECCLESIASTICAL.

See Baron and Feme (Separation 7.) Ecclesiastical Court.
Practice 178.

Will 277.

COURT, FOREIGN.

1. Presumption, whether decisions are legal.

1. Presumption, that the Courts of foreign countries decide
according to law; but open to evidence.

COURT, PREROGATIVE.
See Will 176.

COVENANT.

1. Equitable relief: but construed as at law.

2. To forbear suit.

3. For enjoyment and rent implied.

4. Implied within general bond for performance.

5. No action by him, for whose benefit it is given to another. 6. To insure against fire broken,

7.S

8.

Relief against breach by non-payment at the time, and
of covenant to repair, if not such as to make repair
impracticable, disapproved.

9. To leave personal estate admitting disposition during
10. S life, but not in effect testamentary.

1. Construction of covenants the same in equity as at law;
but equity will relieve against a strict performance upon
equitable circumstances, and no wilful default.

2. As to the effect of a covenant to forbear suit, quære.
3. Implied covenant for quiet enjoyment under the words
"granted and demised," and for payment of rent under
'yielding and paying."

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VI. 730

III. 692

VI. 821

IX. 330

4. Bond, generally, for the performance of covenants, extends to implied, as well as express, covenants.

IX. 330

5. No action of covenant by a person, for whose benefit a
covenant is entered into with a third
person.
6. Injunction against an Ejectment for breach of covenant
to insure against fire refused. Reynolds v. Pitt.
7. Relief against forfeiture by breach of covenant with re-
ference to non-payment of money at the specified time,

XIX. 134

XIV. 187

on the erroneous notion, that by payment of interest
the party is reinstated.

8. The ground in Hack v. Leonard, 9 Mod. 91, for relief against breach of covenant to repair, if not such as to make repair before the end of the term impracticable, disapproved.

9. Covenant to leave a portion of the personal estate as
upon an intestacy does not prevent the covenanter's ex-
pending the whole; or admit his reserving part for his
own benefit, nor consequently investing it in land.
10. Father, under covenant for an equal division at his death
of all the property he should die seised or possessed of
between his two daughters or their families, though he
retains the power of free disposition by act in his life,
cannot defeat the covenant by a disposition in effect
testamentary; as by reserving to himself an interest for
life. Fortescue v. Hennah.

See Construction 5. 6. 8.
2. 3. Forfeiture 3. 6.

Contract. Executory Trust 1.
Infant 4. 8. Injunction 6. 7.
Landlord and Tenant 16. 18. 56. Lien 3. Penalty 1.
Satisfaction 10. 27. 29. 30. Trust 125.

COVENANT AGAINST ASSIGNING.
See Landlord and Tenant 26. 27. 30.

COVENANT TO ASSIGN.
See Tenant 2.

COVENANT FOR PERPETUAL RENEWAL.
See Landlord and Tenant 47.

COVENANT TO REPAIR.
See Forfeiture 9. Landlord and Tenant 57.

COVENANT, VOLUNTARY.
See Consideration 2.

COVENANT TO STAND SEIZED TO USES.
See Use 2.

COVERTURE.

See Baron and Feme.

COVIN.

See Fraud.

CREDIT OF WITNESSES.
See Practice 372. 373.

CREDITOR.

1. Relieved against the act of the Court.

2. Not driven to a fund, on which no effectual demand
appears; and a right to sue personally even if ef-
fectual.

3. Whether settlement after marriage, reciting previous
parol agreement, can stand against them.

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XIX. 141

XIX. 66

XIX. 67