53.

54.

52. Generally 40s. costs on dismission on bill and answer.
Plea of another suit, &c. referred of course.
Will not executed partially.

55. Party discharged, as well as charged, by his own exa

mination.

56. Interest under a general reservation of farther directions.

57. Wife's money not paid to husband without affidavit, that there is no settlement.

58. General order as to Receiver's accounts.

59.

60.

Biddings opened after Report confirmed. Not on in-
crease alone. Fraud an exception to the general
rule.

61. Courts of law depart from general rules of practice on
general principles.

62. Amendment of plea.

63. Master's judgment conclusive in appointing Receiver; unless a substantial objection.

64. Any creditor may prosecute a decree for an account. 65. Compulsory appearance of defendant outlawed, though abroad two years.

66. 67. S

Time to answer after insufficient answer. Costs of at-
tachments.

68. No specific direction in the reference of purchaser's
costs on opening biddings for a particular expense.
69. No proceedings after general demurrer: Defendant

cannot dismiss.

70. Creditor may recover, though not declaring on a note.
When supplemental bill unnecessary.

71.
72. Imprisonment of husband not a ground for separate

answer.

73. Purchaser not compelled to complete his purchase before Report absolutely confirmed.

74. Service on Clerks in Court of dispersed defendants to confirm the Report.

75. Answer, stating purchase for value without notice, not required to go farther.

76.

77.

Booksellers, taking spurious copies, must be sued se-
parately so on a patent: distinction as to a fishery,

&c.

78. Advance on opening biddings.

79. Deed between husband and wife as to separate property
not established without her presence in Court.
80. Plea of former suit depending struck out: but no re-
ference within a month: Bill dismissed.

81. Master's appointment of consignee conclusive, unless
a special and strong case.

82. One witness cannot prevail agrinst a positive denial. 83. Exception over-ruled with costs.

84.

Reference of title on motion after answer.

85. Relief against forfeiture of deposit.

86. Examination under commission of the American Govern

87.

ment held sufficient.

Decree pro confesso on motion, where only one defen

dant.

88. No decree or judgment against title of the Crown on the record, though not insisted on.

89.

90. Defendant under sentence for felony not brought up for want of answer.

91. Master's appointment of Receiver conclusive without a special case.

92. Balance ordered in on motion.

93.

Exception to Master's appointment of Receiver dis

allowed.

94. Right of the Six Clerks to their proportion of the fee from the Sworn Clerk; though he has given credit.

95.

96. Examination after decree by the Master.

97.

98. No subpæna to amended bill.

99. Affidavit of merits for service of subpoena on attorney of defendant abroad.

100.Abatement by plaintiff's insolvency pending account: 101. S whether at law on his bankruptcy.

Decree not impeachable collaterally in another cause. 103. Exceptions after order to confirm nisi no cause against making it absolute; unless ordered to be set down.

104.

105.

106.

Decree pro confesso generally on amendments not an-
swered: Not prevented by insufficient answer.

107. Costs on bill to secure legacy to infant.

108. No Injunction for executor against creditor before de

cree.

109. Reference on piracy of copyright.

110. Detainer under illegal arrest discharged.

111. Advance on opening biddings.

112. Outlawry common process in Ireland.

113. Costs of discovery.

114. Issue instead of reference on a doubtful figure in a

legacy.

115. Case, stated as a trust, refused by the King's Bench. 116. To decree pro confesso under the statute, allidavit required, that defendant had been in England within

two years.

117. Discharge from illegal arrest and detainer.

118. Order on admission of assets with offer of appropriation for a contingent legacy.

119. Advance on opening biddings.

120. Time for excepting on bill for discovery only.
121. To decree pro confesso affidavit required, that defendant.
had been in England within two years.

122. Service of sequestration on Clerk in Court, after per-
sonal service tried in vain.

123. Injunction in pressing cases on petition and affidavit. 124. Commitment for breach of Injunction on service on defendant's wife.

125. Service of subpæna under cover to one, to whom defendant ordered his letters to be sent.

126. Advance on opening biddings.

127. Payment to executor without prerogative probate.

Vol. Page

128. Depositions not amended after publication.

129. Whether in revivor a new subpœna to hear judgment:
130. S in the House of Lords no fresh summons.
131. Proceedings de die in diem without an order.

132. Plaintiff may except to Report; and set down for far-
ther directions.

133. Re-hearing of decree not signed, &c. for error.
134. Bill, the object disapproved, taken off the file for want
of counsel's signature.

135. At the last Seal after Trinity Term cause against dis-
solving Injunction limited to the Petition-days.
136. Case, stated as a trust, refused by the King's Bench.
137. Biddings opened for one present at the sale.

138. Reference for scandal, not for impertinence after order
for time.

139. Time on Commission for defendant's examination left to the Master.

140. No security for costs on the fact that defendant is gone abroad.

141. Time to answer till payment of costs of demurrer allowed to a bill in the Exchequer to the same effect, without prejudice to motion to dismiss.

142. Appeal to the Chancellor of the Duchy of Lancaster from dismissal by the Vice Chancellor, affirmed on re-hearing.

143.

Dismission on objection to title without reference.

144. Relief under the general prayer.

145. No decree against the answer on one witness, not sup

ported.

146. Production of original Will at the hearing on security.
147. After two insufficient answers six weeks refused.
148. Plaintiff's name struck out on security for costs.
149. Notice of Motion on Saturday for Tuesday.

150. Service of subpæna on Clerk in Court or Solicitor on
circumstances.

151. Answer ordered to be received, though not signed. 152. Exceptions to Report dispensed with.

153. Party compellable to produce papers connected with the relief.

154. Answer ordered to be received, though not signed.

155. Plaintiff for relief as well as discovery not aided in

S

156. proceeding at law except by decree.

157. Infant never ordered out of the jurisdiction.

158. Exception for costs.

159. Order for letting infant's estate, being small, without

reference.

160. Maintenance for the time past.

161. At law affidavits filed a certain time before the discussion otherwise in equity.

162. Order for sale without a reference refused.

163. Maintenance for the time past.

164.

165.

(Reference for impertinence waved by reference for in-
sufficiency after which no reference for imperti-

nence.

Vol. Page

166. Exceptions to settled interrogatories: not petition, as an objection to a Receiver.

167. S

168.

For breach of Injunction, restraining personal service of
motion, that defendant shall stand committed: when
an act is to be done, he has the option to do it by a
particular day.

169. Purchaser not substituted without affidavit of no under

bargain.

170. Examination de bene esse of witness above seventy on new trial suggested.

171. Report, stating circumstances without the conclusion, referred back.

172. Security for costs not required, when co-plaintiffs are resident in England.

173. Purchaser not substituted without affidavit of no under

bargain.

174. Title not determined without a reference, unless unequivocally waved.

175. Payment into Court before answer on gross fraud. 176. Injunction in Vacation.

177. Injunction against judgment refused before answer. 178. Production of original Will at the hearing on security. Time for exceptions nunc pro tunc.

179.

180.

181.

Decree against one trustee for debts: the other not ap-
pearing under sequestration.

Order to amend, not drawn up, does not prevent dis-
mission for want of prosecution.

182. Messenger on return" Cepi corpus," not capable of
being removed.

184.

183. Ward married: proceedings stayed till husband appears. French depositions not delivered out for translation. 185. As to the jurisdiction to order original Will to be delivered out.

186.

187.

Omission in decree of course supplied on motion.

188. Commission abroad without stating the points or wit

nesses.

189. Prerogative probate; though the sum small.

190. Inspection of letters referred to as exhibits refused. 191. No evidence after Report settled.

192. Examination de bene esse except in certain cases requires notice.

193. Affidavit, that cannot be answered, is in time the day before the motion.

194. Payment into Court on affidavit of an Accountant re195. fused: ordered on admission.

196. Costs of discovery not till Commission returned: no 197. Š costs if defendant examines in chief.

198. Receiver, when on the answer the real estate must be

liable.

199. Answer not taken off the file for mistake: but additional answer permitted.

200. Construction of General Order 1794, as to time for answering, in the case of a Peer.

201. Payment into Court must be on admission.

Vol. Page

202. Defendants not bound as to their rights with respect to
each other, unless called on to contend.

203. Service of subpœna ou infant's father-in-law good.
204. Production of instrument only on admitted posses-
sion, &c.

205. Decree pro confesso pronounced by the Court.

206. On re-sale at an advance no costs to the person, who
opened the biddings, not being the purchaser.
207. Sequestration for not performing the decree.

208.

Second Commission.

211. Joint Order for costs enforced against one; the other absconding.

212. Attachment not without previous affidavit.

213. Payment into Court to be not forthwith; but a day must
be named.

214. Private Letter to the Lord Chancellor on a cause.
215. Denial of combination does not satisfy the undertaking
not to demur alone.

216. Appeal from a re-hearing at the Rolls.

217. General Order 1794 as to time to answer.
218. Messenger after Attachment for want of infant's answer.
219. Power to the Master to examine not now in the decree;
as in the Exchequer but Commission of course on
his certificate.

220. Re-hearing on terms after decree by default made
absolute.

221. Costs on re-hearing.

222. Party not heard, until contempt cleared.

223. Time to be obtained on affidavit, not by an evasive

answer.

224. Insufficient answer satisfies the condition not to demur

alone.

225. Motion to sell under sequestration on notice.

226. After plea bill amended, paying costs, not within the General Order 1794.

227. Amendment merely to add a defendant, does not prevent exceptions.

228. Receiver in possession, no Ejectment without leave. (a)

230. Reference removed on the age, &c. of the Master. 231. Account after assets admitted by mistake.

232. Judgment; though one defendant dead.

233. Special jurisdiction under Act of Parliament must be strictly followed.

234. Exception before the Chancellor to Report under decree

at the Rolls.

Order to speed by one defendant: the other in contempt. 236. Undertaking to speed compelled, notwithstanding defendant's bankruptcy.

237. Appeal withdrawn on consent.

(a) No. 229 omitted.

Vol. Page