VIII. Order for the separate examination of femes covert as to the application of a sum of money.

the wife of

Upon motion &c. IT IS ORDERED that the said -and- the wife of do severally attendor any of them, to be solely and secretly examined by them separate and apart from their said husbands how and in what manner and to what may be paid and applied;

uses they are willing and desirous that

and the said

or any

of them who shall take such exami

re

nations are to take the same in writing signed by the said spectively, and to certify the same in writing under their hands and the signing of the said and such certificates are to be verified by affidavit; and upon the return of such certificates such order shall be made as shall be just.

IX. Order that a defendant, a foreigner residing abroad, may answer in his own language, and directing that the answer be translated by a notary public into English.

Upon motion &c. that the plaintiff having exhibited his bill into this court against the defendant that lives at in the kingdom of, he hath appeared thereto and hath obtained an order for a commission for taking his answer at and such commission hath issued accordingly; That the defendant doth not understand the English language, and therefore it was prayed that the defendant may be at liberty to swear his answer in the language, and that a notary public may be appointed to translate the same into the English language, and that he may be sworn to the true translation thereof, and that such translation may be filed with the defendant's other answer, which is ordered accordingly, but notice hereof is first to be given to the plaintiff's clerk in court.

X. Order directing that certain exhibits proved on a commission abroad be delivered to a notary public to be translated, and that his translation thereof may be read at the hearing of the cause.

Upon motion &c. that the plaintiff having examined several witnesses in in this cause, several of the plaintiff's exhibits and VOL. II.

Y

proceedings are written in the language, and therefore it was prayed that such of the said proceedings and exhibits as are written in the language may be delivered to a notary public in order to translate the said several proceedings and exhibits into the English language, that the said may be sworn to the true translation thereof, and that such translation may be read at the hearing of this cause, which is ordered accordingly, saving all just exceptions.

XI. Order appointing an interpreter upon the examination of a foreigner as a witness.

Upon consideration this day had by the Right Honorable the Master of the Rolls of the humble petition of the plaintiff, stating (amongst other things) that this cause is at issue and that J. L. P. of &c. is a material witness for the plaintiff, and that the said J. L. P. speaks the French language but does not understand the English language so that the plaintiff cannot have the benefit of his testimony without the assistance of an interpreter; And therefore it was prayed and his Honor doth accordingly order that B. B. of &c. be appointed interpreter to the said J. L. P. on his being examined as a witness in this cause on behalf of the petitioner; And that the said B. B. be sworn truly to interpret the oath to be administered to the said J. L. P. and also the interrogatories on which he shall be examined and his depositions to such interrogatories, and likewise to keep such depositions secret until publication shall duly pass in this cause, of which notice is first to be given to the defendant's clerk in court.

XII. Order for an injunction enjoining the defendant to deliver possession to the plaintiff.

Upon motion &c. it was alleged that by the order made on the hearing of this cause, it was ordered that the defendant should deliver possession of the estate in question and all deeds and writings in his custody or power relating thereto to the plaintiff; That the defendant who is in possession of the said estate was served with a writ of execution of the said order, and the plaintiff required him to deliver possession which he refused to do as by the affidavit appears; and an attachment having been made out against the said defendant, It was therefore prayed that an injunction may be awarded

against the said defendant to enjoin him to deliver possession of the said estate to the said plaintiff pursuant to the said decree, which upon reading the affidavit is ordered accordingly.

Whereas the plaintiff obtained an injunction for stay of the defendant's proceedings at law until the defendant should answer the plaintiff's bill, and this court make other order to the contrary; Now upon motion this day made by Mr. being of the defendant's counsel, it was alleged that the defendant hath since put in a full and perfect answer to the plaintiff's bill and thereby denied the whole equity thereof, And it was therefore prayed that the said injunction may be dissolved, which is ordered accordingly unless the plaintiff his clerk in court having notice hereof shall on show unto this court good cause to the contrary.

XIV. Order made upon showing cause against dissolving an injunction, exceptions having been taken to the defendant's answer,-reference directed to the Master to certify whether the answer is sufficient or not, provided his report be obtained within a limited time.

-

day of

for the reasons

Whereas by an order of the therein contained, it is ordered that the injunction granted in this cause for stay of the defendant's proceedings at law should be dissolved, unless the plaintiff his clerk in court having notice thereof should on this day show unto this court good cause to the contrary; Now upon motion &c. it was alleged that the defendant having put in an insufficient answer to the plaintiff's bill, the plaintiff hath taken exceptions thereto, since which the defendant hath not put in any further answer although the defendant's is very insufficient as the plaintiff is advised; And therefore it was prayed that the said injunction may be continued until the said defendant hath put in a perfect answer to the plaintiff's bill; Whereupon and upon hearing of what was alleged by the counsel on both sides, IT IS ORDERED that it be referred to Mr.one &c. to look into the plaintiff's bill the defendant's said answer and the plaintiff's said exceptions, and certify whether the said answer be sufficient or not; But the plain

tiff is to procure the Master's report in days, or in default thereof the said injunction is to stand dissolved without further motion, which in the mean time is hereby continued.

XV. Order made on the petition of a purchaser directing a reference to the Master to inquire at what time the vendors (who were trustees for sale) had shown a good title, and when the incumbrancers and all parties interested were ready to join; what expences had been incurred by the purchaser in getting in the incumbrances, and in the execution of certain instruments, which ought not to have been borne by him, and also what dilapidations have taken place.

Friday the 5th day of August, &c. 1825. Between T. Tunstall esq. and M. I. his wife, • Plaintiffs,

&c.

Whereas the above named B. Rawson did on the 22d day of June last prefer his petition unto the Right Honorable the Lord High Chancellor of Great Britain, setting forth that on the day. of 1821 the petitioner entered into a contract or agreement in writing with the above named defendants in the third mentioned cause whereby &c. [This petition is inserted at length antea, vol. 1, p. 665; the recital of it in the order was precisely the same as there stated as far as the statement of the order of the 21st of August in p. 672, by which the time for completing the purchase was enlarged to the 15th day of November; the order proceeded thus:]

That the said conveyances and assurances were not executed by all parties thereto by the said 15th day of November last, several of them having made various objections and others requiring certain conditions and compensations to be previously given or secured to

to them; And by another order of his Lordship made in the said cause, and also in the other two causes therein before mentioned, upon the application of the defendants to the said thirdly mentioned suit, and bearing date the 13th day of November last, It was ordered by and with the consent and approbation of all parties beneficially interested in the said purchase (being the several parties to the first mentioned cause, or who had already executed the said conveyance) that the said time for completing the same should be further enlarged to the 10th day of January then next, and that upon the execution of the said conveyances releases mortgages and other assurances approved of by the Master by the parties thereto respectively except C.T. party thereto for whose signature within two years the petitioner thereby agreed to accept the undertaking of J. J. P. and G. P., and the fine levied by F. M. T. and E. his wife, and satisfaction of or a sufficient substantial indemnity against the judgments remaining unsatisfied on the rolls, and when the said conveyances releases mortgages and other assurances were so executed, the said fine levied, satisfaction so entered or indemnity given, and possession of the said estates delivered to the petitioner except the portion thereof in the possession of the defendant J. S., and the said conveyances and releases and the title-deeds evidences and writings deposited in the office of Mr. C. the Master to whom these causes stood referred ready for delivery thereof to the petitioner, after payment of the purchase-money, It was ordered that the full amount of the purchase-money, except £1030 and £3000, being the sum of £48,685, should be paid by the plaintiff into the bank, in the name and with the privity of the Accountant-General of this court to the credit of the three causes subject to the several charges liens and incumbrances affecting the said estates and to the further order of the court, but without prejudice to the claims of the plaintiff for costs and dilapidations; And it was ordered that £2520. 9s. 6d. part of the said £48,685 when paid in should be carried over to a separate account in these causes, to be entitled "The account of the S. estate," upon which W, R. the mortgagee of that estate was to have the first claim for principal interest and costs in respect of such mortgage money and costs; And it was ordered that the mortgage for £1030 should be paid off within one month after the execution thereof, and that upon the execution of proper and sufficient releases such sum of £1030 should be also paid by the petitioner into the bank to the credit of these causes; And it was ordered that the interest of the £3000 remaining on mortgage should be also from time to time during the life of the said F. M. T. paid into the bank to the credit of these causes, and upon