Chancery. Held, that it was not then competent for the parties to contend, that the arrears and interest were not payable out of the corpus, for the point must be considered settled by the prior decree. Ib. 4. 29th Order of May, 1845.] Application to the court for leave to enter an appearance under the 29th Order of May, 1845, long after service of subpoena, refused, no reason being given for the delay; but subsequently granted on representation that the bill was a mere bill of revivor. Norton v. Fisk, 292. 5. Application of Charitable Legacy.] Where a court is asked to make an order which amounts, in fact, to the variation of an order made by a former Vice-Chancellor, it must be by way of rehearing. Attorney-General v. Croft, 292. 6. Order on Petition.] An order was made, on petition and by consent: Held, that it could only be varied by a proceeding in the nature of one to correct the agreement, on the ground of fraud or suppression of facts. Greenwood v. Churchill, 296. 7. Order to pay Money - Personal Service Demand.] To obtain the successive orders (in a matter, and not in a cause) upon a person to pay a sum of money to a party, personal service of the preceding order, and a demand and refusal must be proved; but where the party avoids service, the court will direct substituted service, and dispense with the necessity of a demand and refusal. Mourilyan, in re, 163. 8. Order Costs.] Upon a motion, after taxation, for an order on a solicitor to pay the amount found due from him, he was also ordered to pay the costs of the application. Bainbridge, in re, 166. 9. Order-Payment into the Bank.] Where a matter is pressing, the accountantgeneral will grant his direction to pay money into the bank instanter. Foley v. Smith, 168. 10. Next Friend of Feme Covert.] A defendant cannot act as next friend of a plaintiff feme covert. Payne v. Little, 169. 11. Return of Commission.] The return of a commission from Jamaica, which omitted to state that the commissioners and their clerks had taken the oaths, ordered to be amended, and to be received in evidence, though, in addition, the signature of the commissioners had not been affixed to the interrogatories. Davis v. Barrett, 207. 12. Substituted Service.] Substituted service ordered of a writ of summons issued upon the master's certificate upon a claim. Baker v. Anthony, 213. 13. Service.] A sum being, on taxation, found due from a solicitor to his client, the first order fixing a day for payment must be obtained on notice; but the second or four day order is made ex parte. Stevenson, in re, 214. 14. Petition of Married Woman - Next Friend.] Petition by a feme covert in a suit, not naming a next friend, directed to be amended by inserting a next friend. Howard v. Prince, 215. 15. Rehearing.] The time within which a decree or order of Chancery may be varied on rehearing has never been defined. The practice has been to allow a party to take his chance of success under a decree before the master, and, if unsuccessful, to obtain a rehearing of the decree. Morgan v. Morgan, 216. 16. A decree was allowed to be reheard twelve and a half years after it had been pronounced, and notwithstanding it had been acted upon during that period by sales, &c. Ib. 17. The Order of Reference, whether it is expedient to wind up a company, may be dispensed with. The Worcester Corn Exchange, in re, 227. 18. Amendment.] The right of a plaintiff to amend his bill under the orders of May, 1845, extends to four weeks from the time at which the suit either is, or ought to be, at issue. And in the present case, where, although the answer of a defendant, who had moved to dismiss, had long been deemed sufficient, but the answer of H., an important defendant, was still outstanding, leave to amend was granted, although the plaintiff might have taken the bill pro confesso against H. Collett v. Preston, 237. Chancery. 19. Wherever time is to be calculated with reference to the state of the cause, the court treats the case upon the consideration of what is not only the actual state of the cause, but what ought to be the state; and if the cause ought to be at issue, it will act as if it was at issue. Ib. 20. Dismissal.] Semble, the same period must govern the right of a defendant in obtaining the dismissal of the bill for want of prosecution, that regulates the plaintiff's right to amend. Ib. 21. Staying Proceedings — Answer.] Order made by the Lord Chancellor staying proceedings to enforce further answer, pending an appeal from the order by which the defendant's answer was declared insufficient. Stainton v. Chadwick, 13. 22. Enrolment of Decree.] Enrolment of a decree by the plaintiff vacated, on the ground that it being the settled practice of the court that notice is to be given of passing and entering a decree, the omission to give this notice had under the circumstances of the case been a surprise on the defendant. Hargrave v. Hargrave, 14. 23. Order for the Payment of Money Costs.] Order made for the payment out of the suitors fee fund account of costs incurred by an officer of the court in defending legal proceedings instituted against him in consequence of the performance of his duties. Allen, ex parte, 34. 24. Lunatic, Answer of] Practice as to lunatic answering where he is made defendant to a bill filed by the committee of his person and estate. Worth v. Mackenzie, 36. 25. New Trustees — Term of Years · Reversioner.] Demise of lands to trustees for 1000 years on certain trusts. Petition for the appointment of new trustees :Held, that the reversioner ought to be served with the petition. Farrant's Trust, in re, 47. 26. Serving Warrants on Plaintiff in one Suit to attend Proceedings in another Suit.] The court, on motion by consent, ordered the plaintiff in one suit to serve the plaintiff in another with warrants to attend before the master in proceedings in the first suit. Hills v. MacRae, 48. PRINCIPAL AND AGENT. See ACCOUNT. PRIVILEGED COMMUNICATIONS. See PRODUCTION OF DOCUMENTS. PRODUCTION OF DOCUMENTS. Agents-Claim to retain Title-deeds.] Production of maps, plans, and other documents made by land agents in the course of their employment, and to facilitate them in letting the farms, and in computing the rents, and also the fines to be paid by copyhold tenants, will be ordered, though it was alleged that they were made for private use, and were not paid for by the principal, and that the cost was not covered by the poundage which it had been agreed the agents should receive. Beresford v. Driver, 25. PUBLIC POLICY. See WILL. RAILWAY COMPANY. Investment of Money paid into Court in Land.] A railway company took some settled land and paid the purchase-money into court. A reference to the master, on the Chancery. petition of the tenant for life, to inquire as to the propriety of a proposed purchase of land to be settled to the same uses and the title to it, and a direction that, if he should approve of the purchase and title, he should settle the conveyance, and that the money should be paid to the vendors, were comprised in one order. Metherell, ex parte, 139. See INJUNCTION. COSTS. AGREEMENT. RECEIVER. Petition-Infant.] A receiver of the rents of real estates descended on an infant appointed on petition, without suit. Leeming, in re, 53. See RECOGNIZANCE. RECOGNIZANCE. Receiver - Liability of Real and Personal Representatives.] Where in the lifetime of a receiver an unascertained balance was found by the master's report to be due from him, and he died without payment of such balance, the court ordered, upon petition, that his recognizance should be put in suit against his real and personal representatives and against his sureties. Ludgater v. Channell, 1. 1. Demurrer to a Bill of] After decree an administration suit abated by the marriage of a female plaintiff. Previously to such abatement the master had committed the prosecution of the suit to a pecuniary legatee, who was not a party thereto. This fegatee applied to the plaintiffs to revive the suit, and on their refusal filed a bill of revivor in her own name. A demurrer to this bill was allowed, on the ground that the legatee had no right to file it without a previous application to the court. Williams v. Chard, 289. 2. The master's authority to commit the prosecution of a suit to any person applies only to proceedings in his own office. Ib. 3. An order to revive made on such a bill would be abortive. Ib. 4. Parties- Want of Interest.] The personal representatives of a defendant having been made parties to a suit by a bill of revivor, pleaded that their testatrix assigned her interest pendente lite, and that they never took any interest in the subject-matter of the suit. The plea was allowed. Nutting v. Hebdin, 54. SALE. See TRUSTS. Chancery. SERVICE. Amended Bill.] A defendant served with a copy of a bill under the 23d order of the 26th August, 1841, must be reserved if the bill is amended. Vincent v. Watts, 6. SETTLEMENT. See FAMILY SETTLEMENT. SOLICITOR. Summary Jurisdiction.] Where the same solicitor was employed by the vendor and purchaser, and the purchaser paid his purchase-money to the solicitor, and was afterwards deprived of the benefit of his purchase by parties having a prior equitable mortgage, which was known to the solicitor at the time of the purchase: Held, that the court had no jurisdiction, on petition of the purchaser, to order the solicitor to pay,.out of the purchase-money, the amount of the equitable mortgage, as the money was not paid to him as the solicitor of the petitioner, but of the vendor; and that it had no jurisdiction, on petition, to order the solicitor to make compensation to the purchaser for the loss sustained through his negligence. Tylee v. Webb, 281. See COSTS. DEED. SPECIFIC PERFORMANCE. 1 Vendor and Purchaser.] A agreed to purchase part of an estate, on the faith of representations made to him by the vendor's agent, that the vendor would do certain acts on the remainder of the estate. Those acts, however, were not done; in consequence of which the value of the land purchased was considerably diminished. A bill for specific performance, filed by persons claiming under the vendor, was dismissed with costs. Myers v. Watson, 66. 2. Parties.] Claim for specific performance of agreement of a railway company to purchase land from trustees: Held, that persons beneficially interested in the land were not necessary parties to the suit. Potts v. Thames Haven Dock Company, 262. 3. Agreement.] By the terms of the agreement the land was to be valued, and the purchase-money was not to be less than 4007. Quare, whether this agreement could be enforced, no valuation having been made? lb. 4. Extension of Time.] There had been great delay on the part of the company, owning to their pecuniary embarrassments; but, after considerable discussion, it was agreed to give the company further time, and the claim was ordered to stand over. Ib. See TRUSTS. AGREEMENT. 1. When Void.] A person, being at the time indebted, effects a policy of assurance on his own life. By deed he assigns the policy, and all benefit thereof, to a third party, by way of mortgage, and causes the mortgagee to write to him a letter, declaring that, after payment of the mortgage debt and interest, he held the surplus upon trust for M., a third party. The mortgagor then writes a letter to M., explaining this arrangement for her benefit, and inclosing the mortgagee's letter, declaring the trust of the surplus: Held, that this would be prima facie a good trust for M.; but, semble, it would be void against creditors of the insured party whose debts were due at the time of the declaration of trust. Form of order. Maria Theresa Magawley's Trust, 268. 2. Specific Performance-Sale of Personal Chattels.] Courts of Equity will not lend their assistance to enforce the specific performance of ordinary contracts for the sale and purchase of chattels, unless there be something very special in the nature of the contract. On the other hand, if a trust be created, the circumstance that the subject-matter is a personal chattel, will not prevent this court from enforcing the due execution of that trust. Pooley v. Budd, 229. 3. Trusts, how Constituted.] Trusts may be constituted not merely by direct declaration of trust, but also by the constructive operation of the consequences flowing from the acts of parties. Thus equity will enforce the execution of a trust, not only against |