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Page : A solicitor who had ceased to take out his certificate and to practise, pri. vileged whilst attending the hearing of an appeal in the House of Lords as a parliamentary agent.

Going into a house on the way home to take refreshment, not a deviation that wilĩ destroy the privilege Poor relator must give security for costs

.. 5 Issue directed under the circumstances whether solicitor authorized to use relator's name, although such relator afterwards acknowledged the authority. 6

Solicitor giving relator an indemnity, information taken off the file. Costs of the information and of other proceedings connected with it ordered to be paid by the relator and the solicitor.

Mode of proceeding to compel payment of costs by one not a party to the

suit ATTORNEY-GENERAL T. Tyler.—(V. C. July13, 1838.)

Relator changed before cause at issue, receives his costs under the circumstances out of the charity fund

.. 358 BEANLAND, JOHN, the Elder and others, v. Samuel HALLEWELL and others.—(M. R. June, 11, 12, 1838.)

Estate devised with directions that executors should pay interest of a mortgage upon it out of the rents until the mortgage should be paid off, and that such mortgage should be the first which his executors should discharge : the estate liable to such interest for one year only from testator's death .. 344

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BENSON and Smith v. The GLASTONBURY NAVIGATION and CANAL COMPANY,--(V. C. April 28, 1837. L. C. June 22, 1837.)

Vendor not entitled to have purchase-money brought into Court; the agreement admitted by the answer differing from that stated by the bill. .. 42

Doubtful consequences of certain acts of ownership Bernal v. BERNAL.-(L. C. February 28, 1838.)

Charity of an alien domiciled abroad for the relief of male descendants of his nephews, and male and female descendants of bis nieces, established here.

A bequest to male children (descendants) in a foreign will held to mean descendants claiming solely through males.

Recourse lo foreign law for the construction of a foreign instrument may sometimes be dispensed with

Letters of administration granted with copy of translation of a Spanish will lodged with a notary abroad annexed ..

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BOOKLESS, WILLIAM, on behalf of himself and other creditors of Henry Bookless, deceased, v. William CrumMACK.--(V.C. April 13, 1837.)

Injunction against creditor, whose judgment was such as ultimately to entitle him to execution de bonis propriis of the executor

Costs at law to the creditor down to time of notice of the injunction to be paid by the executor,-also costs of the application in equity.

It is not a sufficient ground for depriving a plaintiff of the conduct of a creditors' suit, that the proceedings up to the decree have been conducted by the executor's solicitor, with the view of obtaining an injunction against a creditor proceeding at law

Form of ordinary injunction in creditors' suit against a creditor proceeding at law

Results of an executor pleading pleas deemed false, and pleas not deemed false, within his own knowledge ..

The defence at law of executor having been such as to entitle creditor ultimately to execution de bonis propriis, suggested distinction where such defence has in view the protection of a decree ..

Some cases in which the injunction has restrained execution against the


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creditor w

cution againsi133


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assets only, leaving the creditor at liberty to proceed against the representative personally ..

Question as to the Court's interference where the creditor has obtained judgment prior to the decree

.. 139 Different decisions as to the creditor's costs at law, and of the application

to restrain him Buxton v. Buxton.-(M. R. July 27, 1837.)

Direction in will that trustees should not be liable to be called upon to sell real estates until two years after testatrix's death. Rents of such estates given until sale to testatrix's daughters. Then, after sale, a legacy of 10,5001. to them in the first place out of the proceeds. In next place, legacies given to testatrix's sons out of remaining proceeds, but such legacies not to bear interest until the 10,5001. paid ; as to some of the legacies, mention of pay. ment within twelve months after the sale. Held, that the estates be considered as sold at the end of the two years; that the legacy of 10,5001. to the daughters bear interest from that time, and a legacy payable at same time as the legacies to the sons bear interest from three years after the testatrix's death

.. 97 Interest from the time of testatrix's death upon a general pecuniary legacy to an adult child ..

Bequest of a share of monies to arise from the sale of real estates to J. B. revoked, and in lieu thereof the sum of 20001. given. Similar bequests of shares of monies to arise from the said sale of real estates to T. B. B., G. B. B., and S. B. revoked, and in lieu thereof sums of 25001., 20001., and 30001. given out of such monies; a further legacy of 10001, also given to G. B. B., but out of personal estate. Held, that the substituted legacy of 20001. to J. B. is payable out of the general personal estate. Apportionment of costs between real and personal estates

.. 98 CHAMEAU and others v. RILEY.-(M. R. July 19, 20, 1838.)

Cause adjourned in order to make a person party, who had agreed with plaintiffs to advance the expenses of the suit upon condition of sharing the

benefits CLEMENT v. Griffith.—(V. C. May 4, 1837.)

Period for filing affidavits in support of motion .. .. .. 470 Collins v. Vining, Cary and Others.—(M. R. July 6, 1837.)

Discretion of trustees as to application of income for benefit of testator's wife and children

.. 472 Cook v. COLLINGRIDGE.—(V. C. August 5, 1837.)

Costs of petition inserted in the Vice-Chancellor's paper seeking to dis

charge orders made by other branches of the Court .. Cook, John, v. James COLLINGRIDGE, C. L. Gray, and Maria his wife, and others.-(L. C. August 9, 1837.)

Extent of relief to which an incumbrancer upon a fund in Court is entitled by petition in the cause o

.. 255 Dawson, SARAH, on behalf of herself and all other Simple Contract

Creditors of William Dawson, deceased, v. JANE Dawson and John Dawson.-(V. C. November 24, 1837.)

Form of creditors' decree since act rendering real estates assets for payment of simple contract debts .. .. .. .. 476 Dewhirst, William, the Elder, William Dewhirst the Younger, and

Joseph DewHirst, v. Watts WRIGLEY and Thomas WRIGLEY.-(L. C. November 22, 1837.)

Injunction against the obstruction of the flow of water through a goit in defendants' land to plaintiffs' mill.

.. 336



.: 319

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Page The Court enjoining to prevent nuisance should make provision for having

the question between the parties tried at law .. .. DICKONSON v. PLAYER.—(M. R. March 9, 16, 1838.)

Question upon power to executors 10 employ the testator's property in any

manner they should think proper ... Erpe v. Smith.—(L. C. December 22, 1837. January 11, 1838.)

Defendant in contempt, against whom there is a decree nisi, is not entitled to an order for setting down the cause again, unless served with subpæna to make the decree absolute.

Order for setting down the cause again after a decree nisi, 100 late if obtained after the time mentioned in the subpæna to show cause, although served before any order pronounced for making the decree absolute .. 110

The order for showing cause against a decree nisi should direct the cause to be set down after those already appointed, and not fix the day for hearing. Lord Eldon's decision in the Margravine of Anspach v. Noei no authority.. 112

Injunction against ploughing up ineadow land and committing other waste therein, until the defendant should fully answer the bill, or the court make other orders to the contrary. Answer put in-Action brought by plaintiff for injury sustained by the waste oomplained of-Defendant committed to Fleet for breaking up such land a second time.

.. 113 Hindle v. Dakins.(L. C. November 26, 1838.)

Form of purchaser's order for liberty to pay purchase money into Court, and for the investment thereof, when the time for payment had arrived, but the vendors had not completed the abstract of title

.. 381 HORNER O. SAYNER.-(L. C. July 14, 1838.)

Power to lend legacy on personal security to those taking real and personal estates upon which it was charged. No presumption that it was thus lent so

as to exonerate the real estates, although more than thirty years had elapsed 168 HYDE, William, since deceased, v. Mary Price, John Price, Wil

LIAM Price, WILLIAM MANN GODSHALL, THOMAS SHEARCROFT, EDWARD WALWYN SHEPHERD, and WILLIAM John Playters, all since deceased, and the Governor and Company of the BANK OF ENGLAND;

and George Hart v. Chase CRADOCK, WILLIAM TEMPLE, George Maule,

and William Brown and Mary his wife.-(By original and supplemental bills.)-(V. C. July 16, 17, 1837.)

In a suit for satisfaction of arrears of an annuity, interest given upon a judgment for securing it, and beyond the penalıy,

Operation of 3 & 4 Will. 4, c.42, s. 28, empowering jury to allow interest upon debts ..

.. 193 Statute of Limitations does not begin to run until there is a personal representative of the debtor

Time within which bill should be filed to have benefit of a decree .. 197

Parol evidence admitted to show state of testator's property when he made his will

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.. 208 General doctrine in equity not to carry debts beyond the penalty .. 209 Exception where the debtor comes into equity for relief.. .. 210

Further exception where the creditor has been delayed by injunction and
the like ..
The case of Duvall v. Terrey

.. 216 Miscellaneous Cases ..

.. 217—219 Cases of Kirwane v. Blake and Jeudwine v. Agate

At law the penalty in general the amount of the debt or damages to be recovered ..

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Page. Issues of quantum damnificatus.

Obligees in common money bonds formerly came into equity to be relieved against the penalty ..

See also page 566.]


.. 220 Consequence of issues quantum damnificatus ..

Authorities relied on by Mr. Justice Buller for not limiting the debt to the penalty either in law or in equity ..

Cases where damages formerly given under 13 Car. 2, stat. 2, c. 2 .. 226
Exception where action brought on a judgment.

Cases where damages formerly given under the 3 Hen. 7, c. 10, and other statutes

Cases where the action is brought for general damages, and not for the penalty

The case of Shenton v. Jordan
Practice of Courts of Equity as to giving interest on judgments .. 230

Practice of the Courts of Common Law as to giving interest in actions on
English judgments .

232 Foreiga judgments

234 Cases as to allowance of interest upon the arrears of annuities

235 Cases as to allowance of interest upon simple contract debts in general .. 246

Cases where a jury would have given interest on simple contract debts .. 249 Jones v. J. Williams and D. WILLIAMS.--(V. C. November 3, 1837.)

A proceeding between defendants notwithstanding the suit abated by plaintiff's death



PARKER, FRANCIS BRYANT ADAMS, and JOHN ORAM and others. (M. R. November 11, 1837.)

Costs of trustees putting in separate answers and appearing by different solicitors.

Death of one of three trustees, no provision having been made for his

costs Kirk and another o. Cureton and others.-(V.C. January 29, 1898.)

A single woman transfers stock upon trusts, in case she should ever marry, for her husband and children ; such transfer valid, as against her assignees under the Insolvent Debtors' Act ..

.. 191 Lewis d. John.-(V.C. May 8, August 1, 1838.)

Mortgagee not entitled, as against devisees, to the costs of an action to recover his debt out of the personal estate of the mortgagor ..

Form of equitable mortgagee's decree, some of the defendants devisees of the mortgagor being infants.

Equitable mortgage by deposit of a copy of Court Roll.

A decision of Sir W. Grant on deposit of deeds, accompanied by written agreement to make a mortgage, not regarded i

Six months given to devisees of equitable mortgagor to redeem.
In default of redemption, sale directed.

Sir J. Leach wrong in decreeing sale of equitable mortgage without allow-
ing six months to redeem ..

.. 10 In case of sale the plaintiff's subsequent costs, and the devisees' costs of the suit, reserved


.. .. .. .. 11 LLOYD, Hester, v. RICHARD RUSSELL and MARGARET his wife, John MEREDITH the Younger, WINFRED Beavan, and John SHERRIN and Emma his wife.—(Two causes)-(M. R. March 16, 1838.)

Parties added by supplemental bill where the original bill might have been amended; defendants to the original bill not made parties to the supplemental bill

.. 258



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DALE, D. Thomas Lawson, James Bell and others.--(V.C. Jan. 11, 1838.)

Motion to take bill off the file, as filed without authority. There being assertion against assertion, the solicitor must abide by the consequences of having omitted to take a written authority

In such case the costs of the defendants added to those of the plaintiffs .. Mayhew o. BRETTINGHAM.-(L. C. April 28, 29, 1837.)

Course where very numerous exceptions to Master's report, which referring to the answer, affidavits, account-books, and other documents laid before him, but without further distinguishing the same, charged and disallowed various sums of money ..


.. Mellish v. BROOKS.-(M. R. December 19, 22, 1838.)

Short cause : costs of the day . .. MILLBANK v. Stevens.-(V.C. June 2, 1838.)

Reference, under the circumstances, to Master, upon petition of tenant, to inquire into expediency of abatement of rent, both for the past and future .. ..

.. 45 Nash v. Benton.-(M. R. June 26, 1838.)

Creditors' suit against executors and infants interested in real estate ; de

cree, there being no evidence, but the former admitting the plaintiffs' debts.. 192 NEEP 0. ABBOTT.-(M. R. March 24, 1838.)

A witness who has been already examined may nevertheless prove an exhi.

bit at the hearing Neep, WILLIAM, o. George ABBOTT.-(L. C. July 4, 1838.)

Specific performance refused against seller contracting in error .. .. 333 Neesom and wife d. CLARKSON and others.--(L.C. Nov. 9, 10, 1837, January 18, 1838.)

Purchaser for valuable consideration ordered to produce deeds, from the

recital of which as set forth by the answer, constructive notice apparent .. 93 PEARSON, HANNAH, in the matter of, a lunatic.-(L. C. August 3, 1837.)

Deeds delivered out upon report as to heir-at-law under order made after the lunatic's death. Costs of the inquiry .. ..

.. 314 Platel, GEORGE, and CATHERINE his wife, and Peter Platel, an

Infant, by the said George PLATEL, his next friend, o. John CRADDOCK.-(V.C. January 11, 1838.)

Bill by husband and wife in respect of trust fund limited to wife for life to her separate use, remainder to husband for life, amended by adding a next

friend to the wife .. PLATEL 0. CRADDOCK.-(V. C. June 2, 1838.)

Question as to the Court granting an inquiry upon the main point in a cause.

Breach of trust in not calling in and investing money due on a note, the subject of a settlement. Suit may be sustained against the trustee to compel him to pay the money, without making the representatives of the settlor, the maker of the note, parties

.. 191

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