for the Prerogative Office to deliver out original wills to be proved at places distant, on taking bond from one or more sufficient persons in a reasonable penalty to return the same, the said defendant T.A. hath applied to the register and record-keeper of said Prerogative Court to have said will delivered out accordingly, but they refuse to deliver out the same upon any security, but insist upon sending a messenger of their own with it, which will put the said defendant to a considerable expense; It was therefore prayed that &c.; Whereupon and upon hearing &c. HIS LORDSHIP DOTH ORDER that the said defendant T. A. be at liberty to take out a commission for the examination of his witnesses at B. and D. aforesaid to prove the said will, and that the plaintiff and the other defendants in this cause do join in commission and strike commissioners' names within six days after notice hereof, and in default thereof, that the said defendant T. A. be at liberty to sue out such commission directed to his own commissioners; and it appearing that the defendant T. A. is the only devisee who can claim any real estate under the said will, It is ordered that the original will be delivered out by the proper officer of the Prerogative Court to a proper person to be named by the said defendant in order to be proved at the said commission, such person first giving security to be approved of by the Judge of the Prerogative Court to return the same in from the delivery thereof to him.

XXIII. Order for the like purpose as the preceding order.

Upon opening &c. by Mr. Attorney-General of counsel for the plaintiffs and defendants in this cause, it was alleged that W. R. having in his life-time contracted several debts, on the day of made his will, and thereby devised to the defendants L. H. and W. R. his son all his real estate in trust to be sold for pay-, ment of his debts, and appointed them executors, and died in soon after which the defendants his executors proved the same in common form, and thereupon the said testator's original will was deposited in the Prerogative Office, and that the plaintiffs in ———— Term exhibited their bill in this court against the defendants for an account of the said testator's personal estate, and to have the said will proved and the testator's real estate sold for payment of his debts, to which the said defendants have appeared and put in their answers and plaintiffs have replied, and the cause being at issue, a commission issued for the examination of witnesses in the county of, at which commission it will be necessary to have

the said testator's will proved in regard the defendant W. R. who is heir at law to said testator is an infant, and it being customary in such cases for the Prerogative Office to deliver out original wills to be proved in the country, on taking bond from one or more sufficient persons in a reasonable penalty, the parties in this cause have applied to the registers of the Prerogative Court to have the same delivered out accordingly, but they refuse to deliver out same on any security, but insist to send a messenger of their own with it, which will put the parties to a considerable expense; and in regard the testator's estate is not sufficient for payment, it was therefore prayed that the registers of the Prerogative Court or their deputy may forthwith deliver out the said original will in order that the same may be proved at the said commission, upon giving sufficient security to bring back and re-deliver same unto the said office in six weeks; Whereupon and upon hearing Mr. Solicitor-General of counsel for the register of the Prerogative Court, an order in a cause of L. against D. dated an order in a cause B. against B. dated and an order in a cause S. against B. dated read, and what was alleged by the counsel for said parties, HIS LORDSHIP DOTH ORDER that the said original will be delivered out by the proper officer of the Prerogative Court to a proper person to be named by the plaintiffs and defendants the said executors and devisees under the said will, in order to be proved at the said commission, such person first giving security to be approved of by the Judge of the Prerogative Court to return the same in six weeks from the delivery thereof to him.

XXIV. Order to compel a witness to attend to be examined, or stand committed.

Upon motion &c. that is a material witness for the plaintiff in this cause, and hath been served with a subpoena returnable immediately to attend and be examined as a witness for the plaintiff in this cause, as by affidavit now produced and read appears, notwithstanding which the said hath not attended to be sworn and examined, as by the examiner's certificate now also produced and read appears; IT IS THEREUPON ORDERED that the said do in four days after personal notice hereof attend and be sworn and examined as a witness for the plaintiff in this cause, or in default thereof that the said do stand committed to the prison of the Fleet.

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XXV. Order for liberty to exhibit interrogatories as to the credit of a witness.

Upon motion &c. it was alleged that the plaintiffs have examined A. B. as a witness for them in this cause who is a person of ill fame, and the defendant hath exhibited articles in the examiner's office touching the credit of the said A. B. as by certificate appears; It was therefore prayed that the defendant may be at liberty to exhibit interrogatories for the examination of witnesses to the credit of the said A. B., which is ordered accordingly.

CHAPTER XVII.

DECREES AND DECRETAL ORDERS.

I. Decree opening stated accounts, and directing a general ac count to be taken of all dealings and transactions between the plaintiffs and defendants; costs given as to so much as relates to setting aside the stated accounts.

His Lordship doth declare that the three stated accounts dated &c. ought to be opened and set aside and doth order and decree the same accordingly; And it is hereby referred to Mr. one &c. to take a general account of all dealings and transactions between the plaintiffs or either of them and the defendants, and also of the value of any timber felled and taken by the defendants from off the plaintiffs' estate, in the taking of which account the Master is to make unto all parties all just allowances; And for the better taking the said account all parties are to be examined upon interrogatories, and produce all books and papers in their custody or power relating thereto upon oath before the said Master as the said Master shall direct; And it is ordered and decreed that defendants do pay to the plaintiffs their costs for as much of the cause as relates to the setting aside the said stated accounts to be taxed by the said Master, and his Lordship doth reserve the consideration of the rest of the costs of this suit until after the said Master shall have made his report, and the said parties are to be at liberty to apply to the court as occasion shall require.

be taken of the

cent. on each half

six months after same became due;

the defendant

admitting assets directed to pay

the amount to be found due as Master should direct;

*II. Decree for payment of the arrears of an annuity secured by bond given for maintenance with interest upon each halfyearly payment, against the devisee of the real and personal estate of the obligor. (See Newman v. Auling, 3 Atk. 579.)

This cause came on to be heard 9th November 1747, before the Lord Chancellor, when his Lordship was pleased to order and decree that it should be referred to Master Allen one of the Masters An account to of this Court, to take an account of what was due to the complainarrears due and ant for the arrears of an annuity of £30 a-year secured by bond, interest at £4 per and to compute interest on each respective half-yearly payment from yearly payment the end of six months after the same respectively became due after from the end of the rate of 4 per cent. per annum; And the defendant having by her answer admitted that the personal and real estate of her said father were together more than sufficient to answer the said annuity, It was further ordered that the plaintiff should pay to the said defendant what should be found due for the arrears of the said annuity and interest at such time and place as the said Master should appoint, and continue to pay to plaintiff the growing payments of and in default of the said annuity as they should become due half-yearly; And in payment plaintiff to be at liberty to case the defendant should not pay what should be found due for apply for sale of the arrears of the said annuity and interest as aforesaid, then the plaintiff was to be at liberty to apply to the court for a sale of a sufficient part of the real estate in question; And it was further ordered that the said Master should see a sufficient part of the said real estate set apart for securing to the plaintiff the growing payments of the said annuity during her mother's life; And it was further ordered that the defendant should execute to the plaintiff a proper conveyance of the said estate or grant thereout for securing the growing payments of the said annuity accordingly with the approbation of the said Master; And that the defendant should pay to plaintiff her costs of this suit up to this time to be taxed by the said Master; the consideration of subsequent costs reserved till the Master should make his report; liberty to parties to apply &c.

the deceased's

real estate;

direction to the

Master to set apart sufficient

real estate to secure the annuity, and the defendant

to execute a proper conveyance or grant;

defendant to pay costs up to the hearing;

subsequent costs

reserved.