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Decrees in chancery operate upon the perfon, or thing, or upon both. If money is decreed to be paid an execution iffues to collect it. Where deeds are decreed to be delivered up or land to be released, the decree is inforced by a penalty.

An injunction is by the authority of the court; and an infraction of it not only incurs a forfeiture of the penalty annexed to the breach of it, but is a contempt of the authority of the court.

A decree operates upon the thing, when a deed or other inftrument is decreed to be void-or where mutual debts are discharged by an offset..

When a decree with a penalty is difobeyed, a petition in nature of a feire facias, lies before the court to inforce it, or recover the penalty; upon which the defendant may tender a compliance with the decree, and make application to the court, that it may be accepted, with reasonable damages and coft for the delay, in exoneration of the penalty; or may afk to have the time lengthened out, for performing the decree.

Where a discovery is prayed for, under an idea that the plaintiff hath no evidence but what refts in the private knowledge of the defendant, the plaintiff may afterwards wave calling upon the defendant to difclofe on oath, and refort to other evidence to prove his cafe, provided he gives feafonable notice thereof to the defendant, fo that he be laid under no difadvantage in making his defence.

When the defendant is compelled by the plaintiff to make a discovery on oath, touching any matter alledged in the petition; other evidence may not be introduced by the plaintiff to contradict or impeach his teftimony. Yet if the defendant fwears falfely, he will be liable for the perjury, as in other cafes.

The objections to compelling a difcovery may arise from the plaintiff's want of right or title to it. 2dly.

From the impropriety of compelling a difcovery of the thing asked for. And 3dly. From the fituation and circumstances of the defendant, as it may tend to acufe himself of a crime, or expofe him to a penalty.

An injunction may be granted to stay proceedings at law where the queftion of right between the parties is pending in chancery, and must ultimately be

decided there.

It may be granted to prevent wafte being committed upon an estate; until the title, which is in difpute in the law, is decided.

It may be granted against profecuting claims which are manifeftly unjust and ought not to be recovered.

It may be granted to put a stop to endless law fuits and vexation; where the right has been fully and fairly investigated and decided at law.

A commiffion will be granted by the court setting in the county where the petition is pending, to take depofitions in foreign parts, or to receive the anfwer of the defendant on oath, where a discovery is prayed for; upon the application of the parties or either of them; when it shall be made to appear to the court that it is reasonable and neceffary, for the ends and purposes of justice, and that the fituation and circumftances of the defendant are fuch, that he ought not to be required, to give perfonal attendance in court.

Protections to fuiters and witneffes in caufes depending before the court, are granted by both the courts of law and chancery, when and wherever they are neceffary for the expedition of justice.

And writs of attachment, and of duce tecum, are iffued to compel parties or witneffes to appear before the court, who refufe to obey an ordinary fubpena, and to bring with them deeds and other exhibits or inftruments in writing, which they fupprefs and

withhold, that are neceffary to a thorough investigation of a caufe, whenever juftice requires it to be done.

Writs of habeas corpus are iffued by the fuperior court upon complaint made, where a perfon is imprifoned and held in an illegal manner, to bring the party and the caufe before the court, to be heard and examined, that fpeedy juftice may be done.

Writs of mandamus are iffued, in certain cafes upon complaint made, to compel the minifterial officers of government to do their duty, where they neglect or refuse to do it.

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