11. (Evidence on bill and answer.) Instruments, neither admitted nor denied, may be proved vivâ voce, although the case is heard upon bill and answer only. —Rowland v. Sturges, 2 H. 520.

12. (Evidence-Return of commission.) Where the defendant obtains a commission to examine witnesses under the 17th (amended) Order of April, 1828, the commission must be made returnable the first return of the second term next following the date of the order for such commission.-M'Gregor v. Topham, 2 H. 516.

13. (Exceptions-Service of order for referring.) An order obtained by plaintiff for referring exceptions for insufficiency must be served, as well as obtained, within fourteen days of the filing of the exceptions.—Hunter v. Capron, 5 B. 93. 14. (Exceptions to answer-Materiality.) Under the 74th Order of April, 1828, the Master does not, on the ground of immateriality, overrule exceptions for insufficiency, unless it is quite clear that the question cannot be material.— Tipping v. Clarke, 2 H. 383.

15. (Exceptions to Master's report.) A party, having obtained and served the order nisi to confirm the Master's report, may afterwards file exceptions thereto; and the time within which this may be done is unlimited until the order to confirm absolute is made: but it may be limited by an order nisi obtained by any other party on the neglect of the party having the carriage of the report. Richardson v. Horton, 5 B. 87.

16. (Exceptions to report.) Generally objections cannot be taken in to a Master's report after the warrant to sign has been attended, but where the draft has been altered after the attendance on such warrant, upon objections previously taken in, fresh objections may be taken, arising out of the alterations.-S. C. 17. (Irregularity-Exceptions.) One exception having been taken to an answer and allowed, and a further answer put in, the plaintiff referred back the answer on the first, second, &c., exceptions. The order was discharged for irregularity with costs.-Fry v. Mantell, 5 B. 99.

18. (Omission of address for service.) The omission by the plaintiff to indorse an address for service on the writ, as directed by the 20th Order of the 26th of October, 1842, does not of necessity make the writ void; but the Court will, in the mean time, so deal with the proceedings which are under its control, by staying process or otherwise, as to give the party the benefit of the 20th Order.-Price v. Webb, 2 H. 511.

19. (Payment out of Court.) An order to pay a sum of money out of Court should be obtained by petition, and not on motion.-Garratt v. Niblock, 5 B. 143. 20. (Perpetuating testimony-Use of depositions.) Where depositions, taken in a suit to perpetuate testimony, are required to be used in a trial at law, not under the control of the Court, the order is, that the depositions be published, and that the officer attend with and produce to the Court of law the record of the whole proceedings, and that the parties may make such use of the same as by law they can.-Attorney General v. Ray, 2 H. 518.

21. (Personal service--Where address for service omitted.) Personal service on a plaintiff (suing in person) of notice of conditional appearance, is regular, under the 21st Order of the 26th of October, 1842, where the plaintiff has omitted to endorse on the subpoena to appear an address for service, as required by the

20th Order of the 26th of October, 1842, although an address for service has been endorsed on the bill.-Price v. Webb, 2 H. 513.

22. (Plea and answer.) After answer, the bill was amended and a plea was put in to the amended bill: Held, that the original bill having been answered, the pendency of the plea to the amended bill did not prevent the hearing a motion which was for a receiver.-Thompson v. Selby, 12 S. 100.

23. (Preliminary inquiries.) Order for preliminary inquiries under the 5th Order of the 9th of May, 1859, refused, where some of the defendants suggested to be out of the jurisdiction had not appeared.-Barrett v. Buck, 2 H. 520.

24. (Process-Election.) A party is entitled to a writ of assistance, under the 13th Order of August, 1841, to enforce obedience to a decree, although the memorandum, in the form prescribed by the 12th Order of August, 1841, endorsed upon the copy of the decree served, intimated that the party neglecting to obey it would be liable to process by attachment, serjeant at arms, or sequestration.—Bower v. Cooper, 2 H. 412.

25. (Revivor by defendant.) After decree, the plaintiff died; and one of the defendants filed a bill of revivor against his executors, but for several months neglected to obtain an order to revive. The Court gave the executors liberty to revive the suit, if the plaintiff, in the bill of revivor, should not revive it within a week.-Goodman v. Coombes, 12 S. 41.

26. (Security for costs-Petition.) If a petition is presented under an act of parliament by a person who is out of the jurisdiction, the respondent may require security to be given for costs, notwithstanding he has answered the affidavits in support of the petition.-Ex parte Seidler, 12 S. 106.

27. (Service copy bill on husband.) Where husband and wife are defendants, and the suit does not relate to separate estate, service of a copy of the bill on the husband alone, under the 23d General Order of August, 1841, is good service.Kent v. Jacobs, 5 B. 48.

28. (Service copy bill-Affidavit.) To obtain an order under the 24th General Order of August, 1841, it is necessary to produce an affidavit that no account, &c. is sought against the defendant.--Davis v. Prout, 5 B. 102.

29. (Stop order.) The interest of the party applying must appear either on the proceedings or by affidavit.-Quarman v. Williams, 5 B. 133.

30. (Substitution of next friend.) On a motion to substitute a new next friend of an infant plaintiff, the Court must be satisfied by affidavit of the circumstances and respectability of the party proposed to be substituted, although all the other parties to the cause consent to the substitution.-Harrison v. Harrison, 5 B. 130.

31. (Substituted service on agent.) If a defendant who is out of the jurisdiction has given special authority to a person within the jurisdiction to act as his agent with respect to the property which is the subject of the suit, the Court will order service of the subpœna to appear and answer on such person to be good ser. vice on the defendant.-Hobhouse v. Courtney, 12 S. 140.

N.B.-And see cases referred to in note.

32. (Teste of subpæna.) A subpœna to appear and service thereof set aside, because the writ, though really issued in August, 1842, was tested as of August

in the fifth year of the present reign, viz. 1841, in which case the service would have been too late.-Huntingtower v. Sherborn, 5 B. 162.

33. (Trustee act.) Proof of search for a trustee under the 24th section of the statute 11 Geo. 4 & 1 Will. 4, c. 60, may be given, at the hearing of the cause, by affidavit.-Moore v. Vinten, 12 S. 161.

And see ABSENT PARTY; ADMINISTRATION OF ASSETS, 2; CASE; COSTS, 2; DECREE; INJUNCTION, 4, 5; JURISDICTION; LEASEHOLDS FOR LIVES; MARRIED WOMAN; PLEADING, 2; PRODUCTION OF DOCUMENTS, 1, 3; SCANDAL; TRUSTEE, 2.

PRODUCTION OF DOCUMENTS.

1. (Confusion of entries.) Memoranda, the production of which the plaintiff was entitled to, were entered in the same book with other matters, to a discovery of which the plaintiff was not entitled, and they could not be separated or sealed up: Held, that the defendant must produce the whole.-Carew v. White 5 B. 172.

2. (Mode of objecting.) An objection to the production of documents must be 'properly raised by the defendant's answer, where the bill seeks their production. Hunter v. Capron, 5 B. 93.

3. (Pending exceptions.) Pending exceptions to an answer for insufficiency, the plaintiff may move for the production of documents admitted by that answer to be in defendant's possession.-S. c.

4. (Title of plaintiff to inspect.) A., claiming to be heir to a mortgagor, filed a bill to redeem. The answer denied that he was heir. A motion by him for production of the mortgage deed was refused, because he had not established his title.-Lloyd v. Wait, 12 S. 103.

SALE UNDER DECREE.

(Purchase by purty under feigned name.) A party to a suit, who was also a solicitor and had the conduct of a sale decreed by the Court, purchased at the sale under a feigned name. The Court, after the purchase had been confirmed, ordered the estate to be again offered for sale at the price at which the party had purchased it, and, if there should be no higher bidder, the party to be held to his purchase.-Sidny v. Ranger, 12 S. 118.

SCANDAL.

(Right of stranger to except.) A stranger to a cause cannot, as of course, except to and refer a pleading alleged to be scandalous as to him, and impertinent as between the parties, but he may be authorised so to do upon a special application.-Williams v. Douglas, 5 B. 82. And see also case mentioned in note. SETTLEMENT.

(Appointment to husband tenant for life.) Subject to the life estate of her husband and the interests of the children, the wife had the absolute power of appointing a trust fund, which, in default of appointment, was limited to her next of kin, and there was a proviso, that if the husband became bankrupt the dividends should no longer be paid to him. The wife died first, leaving no children, and having appointed the fund to her husband: Held, that he became entitled thereto absolutely, discharged from the proviso in the event of bankruptcy. - Neale v. Hodgson, 5 B. 159.

SHIP.

1. (Registry—Sale or mortgage.) Bill of sale of a ship, though absolute in its terms, may, notwithstanding the Ship Registry Act, be in equity held a mortgage, if such appears to have been the real intention of the parties.-Langton v. Horton, 5 B. 9.

2. (What words pass cargo.) Held, that the cargo of a ship, then absent on whaling voyage, did not pass by the description in the bill of sale, a ship, together with all masts, &c. boats, oars, and appurtenances, although it was argued that, from the nature of the adventure, the cargo was in the nature of freight. - S. C.

SOLICITOR. See COSTS, 1, 2.

STATUTE OF FRAUDS. See HEIR.

STATUTE OF LIMITATIONS.

1. (Acknowledgment to third party.) Where the executor of the debtor, being cited by a third party in the Ecclesiastical Court, gave in an inventory, in which the debt due to the plaintiff was stated among the debts of the testator : Held, that this was a sufficient acknowledgment to exclude the operation of the statute.-Smith v. Poole, 12 S. 17.

2. (Legacy-Charge by executor.) An executor who had possessed assets sufficient to pay a legacy, died leaving it unpaid, but having by will charged his real estate with payment of his debts. The legacy, as such, was barred by time, the twenty years having elapsed at the filing of the bill: Held, that it could not be claimed as a debt under the charge.-Piggott v. Jefferson, 12 S. 26.

3. (Not harred by ineffectual proceedings.) An ejectment bill filed in 1842 stated that the plaintiff's alleged right to the land accrued in 1812, that a bill had been filed in 1824 to recover the property, and that an ejectment had been brought in 1832, which was stayed until the plaintiff had paid the costs of a former ejectment; but it did not state the result of the suit or action: Held, that it must be inferred that they had failed, and that they did not prevent the operation of the statute of limitations.-Bampton v. Birchall, 5 B. 67. TIMBER.

(Tenant for life, and remainder-man.) for life, remainder to B. for life, without impeachment of waste, remainder to his first and other sons in tail, and timber was cut by the trustee with the consent of A. and B., and the proceeds paid into Court in a suit instituted by B., to which his eldest son was a party, the fund arising from the timber was ordered to be paid to B.-Waldo v. Waldo, 12 S. 107.

Where estates were devised in trust for A.

TRUSTEE.

1. (Breach of trust-Admission.) A trustee, having power to vary trust funds, admitted that he had sold part of the funds, but did not show how the produce had been invested: Held, on such an admission, that he was liable to make good the fund.- Meyer v. Montriou, 5 B. 146.

2. (Conveyance on behalf of husband of trustee.) A woman who was sole trustee for sale of real property, married a man who absconded, and had not been heard of up to the hearing of the cause. The Court decreed a sale, and that the husband should be declared a trustee within the 11 Geo. 4 & 1 Will. 4, c. 60, s. 19; but declined to appoint a person to convey in his room, under the 8th

section, on the ground that he was not the trustee "last known to have been seised;" there being a joint seisin in him and his wife.-Moore v. Vinten, 12 S. 161.

And see PRACTICE, 33.

VENDOR AND PURCHASER.

1. (Construction of agreement.) An agreement to sell land, not expressing what interest in it, construed to mean the whole of the interest of the vendor.Bower v. Cooper, 2 H. 408.

and

2. (Purchase of bankrupt's estate-Notice.) Where a mining concern, in which a bankrupt had more than one-third of the shares, was wound up, and a new company formed, who paid 18,000l. as the purchase money for the mine, &c. which sum was to be applied in payment of the debts of the old concern, the property of the new company was divided into fifty-four shares, of which eleven were assigned to the assignee of the bankrupt for himself and friends, and of these eleven, four were purchased by the trustees of the defendant, then a minor, and the purchase money, which was exactly four fifty-fourths of the 18,000l., was paid to the assignee: Held, on a suit by a new assignee fifteen years afterwards, that the four shares were to be considered as the property of the bankrupt, and the assignee as the agent of the defendant in the purchase, and that the shares still belonged to the bankrupt's estate.-Turner v. Trelawny, 12 S. 49.

See S. C. on demurrer by the name of Turner v. Hill, 11 Sim. 1, 16, 17; L. M. No. 57.

3. (Sale of estate for an annuity.)

An agreement to purchase land for an annuity for the life of the vendor, to be a charge on the land, and to be paid quarterly, entitles the vendor, not only to the security of the charge, but to the covenant of the purchaser for the payment of the annuity.-Bower v. Cooper, 2 H. 408.

4. (Specific performance-Parties.) Two houses, held under one lease, were sold in separate lots, and it was stipulated that the purchasers should be parties to each other's assignment: Held, that the purchaser of lot 2 was not a necessary party to a suit for specific performance against the purchaser of lot 1.-) -Patterson v. Long, 5 B. 186.

VOID DEED.

1. (Immorality.) A bill filed to obtain relief against a deed founded on an im moral contract, should not state as one ground for relief, that the deed was not drawn up according to the contract.- Batty v. Chester, 5 B. 103.

2. (Immorality-Pleading.) Where a party filed a bill to be relieved from a deed, made in consideration of future cohabitation, and in pursuance of an alleged contract to provide for the woman only during the connexion, and the bill was so framed as to make it the gist of the complaint, that the immoral contract had not been performed on the part of the woman, the bill was dismissed.-S. C. VOLUNTARY SETTLEMENT. See ABSENT PARTY.

WIDOW. See ADMINISTRATION OF ASSETS, 9.

WILL.

1. (Construction- Absolute or life interest.) Bequest of leaseholds to A., her exe-.