PLEADING-continued. moiety to their use, the other to be paid or returned to the person, who shall give the Company information, and make proof; the deed being on settling the account cancelled through ignorance of the fact. Demurrer to the discovery, because it might subject the Defendant to penalty, covering not only the direct charge, but also circumstances of mere inducement, as the execution and cancellation of the deed, and to the relief, generally, for want of equity, and for defect of parties, viz. the other part-owners, particularly one, who executed, and the informer, was over-ruled. East India Company v. Neave. 4. Demurrer both to the discovery and relief, if good as to the latter, shall be allowed as to both; though the Plaintiff may be entitled to the discovery. Page 173 185 5. Demurrer allowed to a bill to have a presentation to a living upon the next avoidance delivered up; charging the Defendant with gross misconduct in obtaining it, and in other respects, while a private tutor in the family. M'Namara v. See Lunatic, 5. Mortgage, 3. POLICY OF INSURANCE. See Annuity, 9, 10. Bankrupt, 9. PORTION. 824 Rule of presuming against double por tions. 381 445 4. Covenant to settle an estate in strict settlement; subject to a power to the father, tenant for life, in case there should be any younger child or children, to charge such sum or sums for such younger child or children, payable in such proportions, and at such times as he should appoint. The power was held well executed by a will directing a sale and appointing the money. Long v. Long. 5. Au appointment by a father not illusory, where he gives other provisions to the object excluded. Long v. Long. 445 6. Power of appointment among three persons executed by a transfer of one-third to one under an order on petition; stating, that the person having the power was desirous, that the fund might be equally divided, that person dying without any farther execution, the Court gave the two remaining thirds respectively to another of the objects and to the administratrix of the third; who was dead; but had survived the person executing the power. Fortescue v. Gregor, 7. Devise in trust to dispose of the premises unto and amongst the devisee's four children, in such manner, shares, &c. as he should by deed or will appoint: one dying in the life of his father, before apJointment, was held entitled to a 553 POWER-continued. fourth ( * ); the father after that 8. Power of appointment does not prevent the interest vesting subject 10. Under a power to appoint among several objects each must have a share, and, by the rule in equity as to illusory appointments, a substan- tial share; unless a good reason ap- pears; as, another provision by the person executing the power, not from any other quarter. Under such a power an appointment of a fund, nearly 19007., among three children, the objects, 10l. to one, 50l. to an- other, and the remainder to the third, all having other provisions 2. Plaintiff in his return from attend- ing a motion against him in the cause was arrested, and a detainer lodged against him in another action:he was discharged from both: the Court examining the parties personally, not by affidavit. Bromley v. Holland. 3. Admission, that there is standing in in the 3 per cents. and offering an ap- 4. Biddings opened after the report confirmed simply upon an advance 86 5. Plaintiff in a bill for discovery only 113 86 113 129 PRACTICE-continued. 10. Service by sending a subpoena to the Defendant under cover to the person, to whom he had directed his letters to be sent, ordered to be good service. Hunt v. Lever. 147 11. Biddings opened on advance of 2001. upon 32001. but 100l. was 12. Under a decree for payment of debts out of cash in the bank the Accountant-General was ordered to pay the executor of a creditor by simple contract under a probate in the diocese, where he had resided: without a prerogative probate: the sum being small; and no bona nota- 148 305 305 14. The Defendant dying after service of the subpoena to hear judgment, subpoena to hear judgment is neces- 15. When an appeal is abated in the House of Lords, the order to revive is obtained of course; and there is 16. The Master may proceed de die in diem without an order. Sturdy v. 17. Plaintiff may except to the report, and at the same time set down the Frere. Bowerbank v. Collasseau. 424 18. A re-hearing is the proper mode of impeaching a decree not signed 509 ib. 19. Costs of course upon a bill of re- view for error; where no error in the decree. Bolger v. Mackell. 20. Bill by a former churchwarden against the parish officers, trustees for an estate for the poor of the parish, and forty inhabitants, to be (*) Over-ruled; see note (6), page 148. 25. Upon a motion for a commission to take Defendant's examination the time is left to the Master, not limited by the order. Hairby v. Emmet. 683 26. The simple fact, that the Plaintiff is 27. Demurrer allowed in the Exche- quer upon argument, with 30s. costs: in another suit in Chancery be- tween the same parties and to the same effect it was ordered on motion, that the Defendant should have time to answer till payment of those costs, but without prejudice to an applica- tion to dismiss the bill. Holbrooke v. 28. Appeal to the Chancellor of the Duchy of Lancaster from a decree of the Vice-Chancellor, dismissing the bill, affirmed by him on a re- hearing on the petition of the Plain- PRACTICE—continued. various objections to the title dismissed in the first instance without a reference (*). Omerod v. Hardman. Page 722 30. Relief, not specifically prayed, within the general relief. 495 See Bankrupt, 6, 15. Copyright, 2. Laches, 2. Landlord and Tenant, 1. Lunatic, 3. Maintenance, 1, 2, 3, 4. Ne exeat Regno, 1, 3, 4. Pleading, 3. Will, 39. PRAYER.-See Practice, 30. PREROGATIVE. In the case of a debt due to the Crown PREROGATIVE COURT. PREROGATIVE PROBATE. PRESENTATION TO A LIVING. 1. A conveyance decreed, subject to an annuity charged on the estate; the annuitant having gone to Newry in Ireland sixteen years ago; and no payment made or account obtained of her since. Mainwaring v. Baxter. 458 2. Upon possession for many years, the origin of it not appearing, and no title except as Cestuy que trust under a term to raise a sum of money, the Court wonld not presume any other title; and therefore decreed the Plaintiff to be let into possession on payment of the charge; but with reluctance; and on account of the laches refused an account of the rents even from the filing of the bill. Acherley v. Roe. 565 See Portion, 1. Purchaser, 1, 3. 16, 17, 18. PRINCIPAL AND AGENT. 1. On suspicious circumstances in the (*) See the notes, ante, pages 188. 737. PRINCIPAL AND AGENT-contd. answer a general account was decreed against a steward, notwithstanding a receipt in full; which was allowed only as proof of the particular payment, not of a general release or discharge on an account stated; though under circumstances it might have that effect: as upon proof, that the principal never would give any vouchers, and an account kept by the steward. Middleditch v. Sharland. Page 87 2. Under a general power to sell, assign, and transfer, an agent cannot pledge for his own debt. De Bouchout v. Goldsmid. 211 213 3. By the Civil Law, as well as by the law of England, if a person is acting ex mandato, those dealing with him must look to his authority. 4. Accounts opened, and a general account decreed against an agent, who was also tenant to his principal, in respect of fraud. The character of the Defendant, as agent, accompanying him in his situation as tenant, deprives him of the benefit of an objection, that might be competent to another person; as the neglect of the Plaintiff in not bringing forward the demand at an earlier period. Beaumont v. Boultbee. 485 See Bankrupt, 15. Baron and Fême, 4. Lien. Mortgage, 4. PRINCIPAL AND SURETY. See Evidence, 1. Joint-Creditor. PRIORITY. See Charge, 1. Mortgage, 2. PRIVILEGE. Whether the Journals of the House of Lords delivered to a Peer go with the title, Qu. Upton v. Lord Ferrers. See Practice, 2. PROBATE. See Evidence, 3. Practice, 12. PROCESS.-See Jurisdiction, 6. PROFERT.-See Jurisdiction, 2. PROMISORY NOTE. See Interest. Jurisdiction, 3. 801 PROMOTIONS.-See pages 1, 870. PUBLICATION.-See Practice, 13. PUBLIC TRUST. PURCHASER. REAL ESTATE (CHARGE). RELATIONS.-See Will, 35. 1. Account of arrears of an annuity 186 4. A purchaser not compelled to take PURCHASER BY AUCTION. Over-ruled; see the note, ante, page 147. REMAINDER.-See Fine, 2. (See ante, Vol. IV, 24.) Upon an in- 1. No equity between the heir or devisee and personal representative to convert property from the state, in which it is found at the death. 303 2. To convert real or personal property, as between real or personal representatives, from the state, in which it is found at the death, the |