Commission is necessary; which then issues of course.
Sandford v. Biddulph.

220. Re-hearing upon terms, after a decree nisi by default,
made absolute. Vowles v. Young.

Vol. Page

IX. 36

IX. 172

221. Undertaking upon a re-hearing, under a General Order,
to pay such costs as the Court shall think
222. General rule, that parties must clear their contempt, be-
fore they can be heard.

proper.

IX. 173

IX. 173

223. Where more than the usual time for answering is neces-
sary, the proper course is to apply on affidavit; not to
put in a short evasive answer, for the purpose of gain-
ing time. Tomkins v. Lethbridge.

224. An answer, though very insufficient, a satisfaction of the
condition in the order not to demur alone.
225. Motion to sell furniture under a Sequestration for not
performing the Decree must be on notice. Mitchell v.
Draper.
226. Plea. The plaintiff amended the bill, paying costs. The
amended bill not within the General Order, 23d Janu-
ary, 1794; and the defendant therefore entitled to the
same time to answer as upon an original bill. Spencer
v. Bryan.

227. Amendment of the bill, merely adding a defendant, re-
quiring no farther answer, does not prevent the plain-
tiff from excepting to the answer. Taylor v. Wrench.
228. Where a Receiver is in possession, an Ejectment cannot
be brought without leave of the Court. Angel v. Smith.
(a)
230. Reference removed from one Master to another, on the

allegation of Counsel, that he found the former in such a state, from his advanced age and infirmity, that it was not proper to go into the business before him. Anon. 231. Notwithstanding an admission of assets by mistake the Court will upon a strong and clear case permit an ac

count.

232. The death of one of the defendants does not necessarily prevent judgment. Davies v. Davies.

233. A special jurisdiction under an Act of Parliament must

be strictly followed. Therefore under the Act, prevent-
ing the necessity of a Recovery by tenant in tail of
land to be purchased, each party must petition. Baynes
v. Baynes.

234. Exceptions to the Master's Report under a Decree made
at the Rolls may be set down before the Lord Chan-
cellor. Burdon v. Burdon.

235. One defendant may obtain the usual order to speed the cause by motion to dismiss for want of prosecution, though the other defendant stands out process of con

(4) No. 229, omitted.

IX. 178

IX. 179

IX. 208

IX. 231

IX. 315

IX. 339

IX. 341

IX. 365

IX. 461

IX. 462

IX. 499

8

tempt; and it cannot be of any use to go to a hearing
without him. Anonymous.

236. Plaintiff driven by motion to dismiss with costs for want of prosecution to an undertaking to speed the cause notwithstanding the bankruptcy of the defendant; and that all the relief could be had under the Commission. Monteith v. Taylor.

237. Order on motion and consent, that a petition of Appeal from the Rolls may be withdrawn. Thomson v. Thomson. 238. Upon a decree, taken by default of the defendant at the hearing, the evidence is not to be entered as read. Stubbs v.

239. Abatement by the marriage of a female plaintiff in a bill
of discovery after Answer. The defendant cannot have
the costs. Dodson v. Juda.

240. Order, appointing a guardian for an infant defendant, on
the motion of the plaintiff. Williams v. Wynn.
241. Amendment of Exceptions permitted upon mistake. Dolder
v. The Bank of England.

242. Answer not taken off the file upon mistake: but a supplemental Answer permitted. (See Nos. 199. 245.)

243. Defendant after an order for time cannot have security for costs from a plaintiff, living out of the jurisdiction. Anon.

244. At law, if the defendant has taken any step, he cannot have security for costs.

245. The practice formerly was to permit the amendment of an Answer in case of mistake: now a supplemental Answer is put in. The affidavit must state, that the defendant, when he put in his Answer, did not know the circumstance, upon which he applies, or any other circumstances, upon which he ought to have stated the fact otherwise. Wells v. Wood. (See Nos. 199. 242.) 246. As to the practice of moving upon the certificate of the Master, that no examination is put in, or of the Six Clerk, that there has been no proceeding, &c. before the certificate actually granted, and whether notice should be given by the Master, before he grants it, quære (a). Wills v. Pugh.

247. After a decree the suit may be revived by a defendant, or the representative of a deceased defendant. Williams v. Cooke.

248. Defendant having applied, and obtained an order, for time to answer, cannot put in an Answer and Demurrer, without a special case. As the Demurrer, being coupled with an Answer, could not be taken off the file, it was moved to be expunged, or over-ruled. Taylor v. Milner.

(a) See the note, Vol. X. page 404.

Vol. Page

IX. 512

IX. 615

X. 30

X. 30

X. 31

X. 159

X. 284

X. 285

X. 287

X. 287

X. 401

X. 402

X. 406

X. 444

249. Order for time to plead, answer, or demur, must be on

condition of not demurring alone; and the mere denial of combination is not an Answer within that condition. 250. Plaintiff, entitled to move for the common Injunction to stay execution for want of an Answer, cannot in the first instance move for the special Injunction to stay trial. Garlick v. Pearson.

251. Injunction in the Court of Chancery stays all proceedings, if before declaration; if after, it stays execution only. 252. Ancient Order, that an Injunction shall not be obtained, except by motion in open Court.

253. After Answer, submitting to perform the contract, if a good title can be made, reference directed on motion, whether a good title can be made; and, whether it appears upon the abstract. Wright v. Bond.

254. Sequestration for want of Answer to be obtained only upon an order Nisi; not absolute in the first instance. Bernal v. The Marquis of Donegal.

255. Issue directed at the Rolls: a motion for a new trial may be made before the Lord Chancellor. Pemberton v. Pemberton.

256. A cause may be set down for farther directions, or upon the equity reserved, before the Lord Chancellor, or the Master of the Rolls, without regard to the circumstance, where it was heard originally.

257. The Court of King's Bench will not hear any thing against the affidavit to hold to bail. The Court of Common Pleas hear affidavits in explanation.

258. Biddings not opened after confirmation of the Report; unless fraud in the purchaser; or fraudulent negligence in another person, as the agent; of which it would be against conscience that the purchaser should take advantage; or, unless some particular principle arises out of the character of the purchaser, as connected with the ownership of the estate, or some trust or confidence, or his conduct in obtaining the Report. Morice v. The Bishop of Durham.

259. Upon a motion to discharge an Order to take the bill pro confesso on payment of costs and an offer to put in an Answer, the Court required to see, what Answer they proposed to put in. Whether the application should be for leave to answer, quære.

260. Executor, directed not to derive any advantage from keeping money in his hands without accounting for legal interest, and to accumulate for the cestuis que trust, infants. Decree, directing a computation of interest at 5 per cent. on all sums received by him, while in his hands; " and that the Master do in such compu"tation make half-yearly rests." The object of that direction is to charge compound interest; and the decree, though perhaps going farther than usual, was held under

Vol. Page

X. 447

X. 450

X. 452

X. 452

XI. 39

XI. 43

XI. 50

XI. 53

XI. 55

XI. 57

XI. 77

the circumstances, the executor having kept the whole property in his hands, properly executed by a computation of interest upon each receipt from the day it was received; the balance of receipts, with the interest so calculated, and payments being struck at the end of the half year; and that balance, so composed of principal and interest, being carried forward as an item in the account, producing interest. Raphael v. Boehm. 261. Defendant until a fourth insufficient Answer is entitled to be discharged from custody for the contempt immediately on putting in a farther Answer, without waiting the Report, upon the reference of the Exceptions; though the costs have not been accepted (b). Bailey v. Bailey. 262. After a Decree, merely directing inquiries, such an Order as could be had on farther directions may by consent be made on motion; as, in this instance, to dismiss the bill with costs. Anon.

263. Order upon the sheriff to pay to the party money under
an Attachment for not paying costs. Anon.
264. Legacy of Stock at a particular age. Order upon the
petition of one legatee, having attained the age, for a
transfer of his share to his attorney. Hill v. Chapman.
265. Upon a Revivor by scire facias according to the old
practice all the plaintiffs must have joined.
266. Order for taxing a bill of costs, entitled in the cause, if
obtained by a party to the cause, regular under the
general jurisdiction: but a person, not a party in the
cause, must apply ex parte under the Statute 2 Geo. 2.
c. 23. s. 22. Such an irregularity would be waved by
proceeding under the Order. Whether a party, having
obtained such an Order in a cause, may pursue it under
the Statute, quære. Bignol v. Bignol.

267. The practice settled, that there should be an Order for
the Master to proceed de die in diem. Such Order not
imperative on the Master, but subject to his discretion.
Purcell v. M'Namara.

268. A purchase before the Master is not complete before confirmation of the Report. Therefore a loss by fire after the Report, but before confirmation, falls upon the vendor; and the circumstance, that the sale had been delayed by the purchaser, having opened the biddings, was not attended to. Ex parte Minor.

269. Order, that the name of an infant plaintiff may be struck out; that he may be made a defendant (c). Tappen v.

Norman.

Vol. Page

XI. 9? a)

XI. 151

XI. 169

XI. 170

XI. 299

XI. 311

XI. 328

XI. 362

XI. 559

XI. 563

(a) Affirmed on re-hearing, see No. 304.

(b) See the new Orders.

(d) See the note, Vol. XI. page 564.

270. An infant defendant, abroad, cannot have a guardian
assigned to put in his Answer on motion: but a Com-
mission must go. Tappen v. Norman.
271. Plaintiff, having obtained the usual Order to amend, and
that the defendant shall answer amendments and Excep-
tions together, cannot take a new Exception as to any
thing in the original bill; but must go before the Master
upon the old Exceptions, as they apply to the original
bill, and upon new Exceptions, as to the new matter in-
troduced by the amendments; which however the Master
may consider with reference to such parts of the original
bill as apply to them. Partridge v. Haycraft.
272. After Answer upon Exceptions plaintiff cannot add to his
Exceptions but may refer the Answer back upon them.
273. After motion to amend the bill, and that amendments and
Exceptions shall be answered together, if the Exceptions
are answered, before the Order is drawn up, it is regular.
274. The usual security for costs by a plaintiff, residing out of
the jurisdiction, not increased upon special circum-
stances; as distress; unless, the plaintiff asking some
favour, terms may be imposed upon him. Ogilvie v.
Herne.

275. Motion not to be postponed, so as to affect the right to
notice. Coffin v. Cooper.
276. Original Decree not to be found; but, having been acted
upon by Reports, and recited in an Order on farther di-
rections, was allowed to be drawn up from an Office-
copy, and entered nunc pro tunc. Donne v. Lewis.
277. After Decree the bill cannot be dismissed by consent; but
an arrangement for disposing of the fund in Court may
have effect by consent on farther directions. Lashley v.
Hogg.
278. Creditors let in at any time, while the fund is in Court;
though the time has elapsed. Lashley v. Hogg.
279. The only answer to the motion to dismiss a bill for want
of prosecution is the undertaking to speed the cause.
Special circumstances must be the ground of special
application. Lyon v. Dumbell.

280. Where a party is avoiding service, and the Clerk in Court is dead, the proper course is to move, first, that service of a subpoena to name a Clerk in Court on the Solicitor may be good service; if none is named, then, that service on the Solicitor may be good service. Francklyn v. Colhoun.

281. The practice to direct a reference upon the title on motion after answer limited to the case, where the title only is disputed. Gompertz v.

Vol. Page

XI. 563

XI. 570

XI. 575

XI. 578

XI. 598

XI. 600

XI. 601

XI. 602

XI. 602

XI. 608

XII. 2

XII. 17

282. Order under circumstances to pay dividends to trustees, or one of them. Shortbridge's case.

XII. 28

283. Special Order upon circumstances for time to answer without first obtaining the usual Orders. Norris v. Kennedy.

XII. GG