* XIX. Order for liberty to apply to the Court of King's Bench for payment to the plaintiff and defendants of money paid into the hands of the Master of that court, the amount to be paid into the bank to abide the event of the cause. (Hawkshaw v. Parkins, 2 Swanst. 539, 550.)

His Lordship doth order that the plaintiff be at liberty to make an application to the Court of King's Bench for payment to him and to the defendants of the money paid by the plaintiff into the hands of the Master of the said Court of King's Bench pursuant to the order of Mr. Justice Bayley on the 23d day of June 1818, and it is ordered that they do pay the same when so received, to be verified by affidavit, into the bank with the privity of the AccountantGeneral of this court on the credit of this cause to abide the event of this cause, but this order is to be without prejudice to the right of any of the parties to such money or any of the questions in this cause; Reg. Lib. A. 1818, fol. 1281.

XX. Direction to a Master to appoint a receiver for one moiety of the estates in question, the receiver to be at liberty to let the estates with the approbation of the Master.

And the said Master is to appoint a receiver for one moiety of the estates in question and allow him a reasonable salary for his care and pains therein, such person to be appointed receiver first giving security to be allowed of by the Master, and to be taken before a Master Extraordinary in Chancery in the country if there shall be occasion, duly and annually to account for and to pay what he shall so receive as the court shall direct, and the tenants of the said estates are to pay their rents in arrear and growing rents to such receiver, who is to be at liberty to let and set the said estates from time to time with the approbation of the said Master as there shall be occasion, and the said receiver is to pay the balance of his accounts from time to time into the bank subject to the further order of the court.

XXI. Minutes of an order directing a consignee of an estate in the West Indies (being appointed by the Master pursuant to the decree) to transmit his accounts half-yearly of the produce consigned to him, also to make insurances on the consignments, also to transmit stores and effects for the use of the estate; the defendant to deliver over an inventory of the negroes, &c. on the estate, and the consignee to remit to him such sums as should be laid out in and repairs; the consignee to pass his accounts annually and to pay the balance due into the bank.

OUTLINE OF THE CASE.

negroes

R. C. by will devised a plantation at St. C. to his eldest son D. for life with limitations to other children, and directed that the clear produce of his plantation till his debts and legacies should be paid, to be from time to time shipped in such ships as defendant C. his heirs and assigns should direct, and consigned to him, and that his son should send an account every year of the produce, and if he did not, then defendant C. with the consent of his trustees was to put an overseer on the estate.

The bill was brought against the trustees and sons for an account of the rents and profits, and that an overseer or receiver might be appointed of the estate.

The decree referred it to the Master to appoint a proper person in L. to whom the defendant C. should consign and send over the profits of the plantation and houses in question to be disposed of according to testator's will, and defendant C. was accordingly from time to time to consign and send over the profits to such person so to be appointed, and R. S. was appointed consignee.

ORDER.

Let R.S., the consignee approved by the Master, twice in every year transmit to defendant C. a true account of the sugars and other produce of the plantation consigned to and received by him upon the respective consignments, and of the sales thereof, and let the said R. S. make insurances upon the sugars and other produce of the plantation that shall be consigned to him in such manner as shall be reasonable with the approbation of defendant D. C. or of such person as he shall appoint, and let the charges thereof be paid out of the money arising by the sale, and let the said R. S. transmit over from the said plantation to D. C.'s attorney at St. C. such stores

provisions and other effects for the necessary use and consumption of the said estate as the said R. C. shall by letter from time to time desire with the approbation of the Master, and let defendant C. deliver over to the said R. S. an inventory of the negroes mills and utensils now upon the plantation, and let the said R. S. pay or remit to the said R. C. such sums of money as shall be reasonably laid out by the said C. in negroes utensils cattle and repairs upon the plantation, to be ascertained by an account to be sent from time to time by the said C. to be verified by affidavit, which sums are to be settled by the Master if the parties differ; And let the said R. S. pass his accounts annually before the Master, and pay what shall appear to be due from him on the balance of his account from time to time into the bank with the privity of the said Accountant-General of this court &c.

XXII. Minutes of an order directing the appointment of persons to manage an infant's estates in the West Indies, with directions as to remitting the rents and produce; also directing the appointment of a guardian for the infant.

Let it be referred to the Master to approve of a proper person in the island of B. to manage the plaintiff's the infant's estate there, and receive the rents and profits thereof, and to remit same over to defendants in E. in trust for plaintiff; and what shall be from time to time so remitted by such person so to be approved of as aforesaid to defendants is, after a deduction of what shall be allowed for plaintiff's maintenance, to be placed out at interest &c.

Let it be referred to the Master to approve of a proper person to be appointed guardian of the person and estate of plaintiff E. O. the infant, and he is to state same to the court, and thereupon such further order shall be made relating thereto as shall be just.

And let the Master appoint one or more proper person or persons in the island of B. to manage said plaintiff's the infant's estate there, and to receive the rents produce and profits thereof, and he or they is or are to remit same to a proper person in L. to be approved of by the Master for that purpose; and the said Master is to make such person to whom the same shall be so remitted a reasonable allowance in respect thereof; but such person is first to give security to be approved of by the Master duly to account for and pay what he shall so receive by such remittance as this court shall direct.

* XXIII. Decretal order under the stat. 7 Geo. 2. c. 20. upon petition for redemption of a mortgage, presented by the party entitled to the equity of redemption, defendant to a bill of foreclosure (1).

Recital of the de

fendant's petition

ter to take an account of the

terest due to the

in equity, and

Whereas Jane Hewson widow did on the 25th day of July last praying a refer- prefer her petition unto the Right Honorable the Master of the ence to the Mas- Rolls, setting forth that by indentures of bargain and sale dated the 14th day of May 1759 and made between J. H. the petitioner's late principal and in- husband (in right of the petitioner) the petitioner and M. S. of plaintiff, and for the one part, and Thomas Gibson of the other part, the said costs at law and J. H. and the petitioner in consideration of £200 paid to them by upon payment the said T. G. did grant and surrender to the said T. G. a messuage thereof that the plaintiff might or tenement by way of mortgage for securing £200 and interest; re-convey the that plaintiff has become assignee of the said mortgage, and that premises and deliver up all deeds, the petitioner is entitled to the equity of redemption, and is willing praying also for and desirous to redeem the said mortgaged premises, and to pay an injunction to restrain the plain- the plaintiff R. H. all principal money and interest due on the said tiff's proceedings mortgaged premises, and has applied to the said R. H. and offered in ejectment;

to pay the same; that the said plaintiff R. H. notwithstanding in Easter Term last and subsequent to such offer filed his bill in this cause to foreclose the said mortgaged premises, to which the petitioner has appeared and obtained an order for time to answer; and in the same Term the said R. H. served the tenant in possession of the said mortgaged premises with a declaration in ejectment, to which the petitioner has appeared and entered the common rule, and praying that it might be referred to the Masters of this court to take an account of the money due to the plaintiff for principal

(1) See Huson v. Hewson, 4 Ves. 104, 2d edit., and the cases referred to in note (57), ibid,; 2 Madd. Ch. Pr. 265, 428; Praed v. Hull, 1 Sim. & Stu. 331.

directing a refer

ence to the Mas

ter to take an

and interest and for costs as well at law as in this court; and that upon payment by the petitioner of what shall be found due upon such account the plaintiff might re-convey the said mortgaged premises to the use of the petitioner her heirs and assigns for ever, and might deliver up to the petitioner all deeds and writings in his custody or power relating to the same, and that in the mean time the plaintiff might be restrained from proceeding in this cause and in the aforesaid ejectment and from all other proceedings at law against the petitioner in respect of the matters aforesaid; Whereupon all parties concerned were ordered to attend his Honor in the matter of the said petition this day, and counsel for the petitioner and for the plaintiff this day attending accordingly, upon hearing the said petition and the said indenture dated the 14th day of May 1759 read, and what was alleged by the counsel for the petitioner and for the plaintiff, and the defendant by her counsel admitting the mortgage in the pleadings mentioned, and that the principal money and interest secured thereby are still due to the plaintiff, and now offering to pay the same to the plaintiff, together with his costs in this court and at law, pursuant to the late act of parliament in that case made and provided, His Honor doth order Decretal order and decree that it be referred to Mr. H. one of the Masters of this court to take an account of what is due to the plaintiff for principal and interest on the mortgage in the pleadings mentioned, and to tax him his costs in this court and at law; and upon the defendant's paying unto the plaintiff what shall be reported due to him for principal and interest and costs as aforesaid within six months after the said Master shall have made his report at such time and place as the said Master shall appoint, It is ordered that the plaintiff do surrender the said mortgaged premises free and clear of and from all incumbrances done by him or any claiming by from or under the premises to him, and deliver up all deeds and writings in his custody or power the defendant, relating thereto upon oath to the said defendant or to whom she all deeds, &c. shall appoint; but in default of defendant's paying unto the said But in default of plaintiff such principal interest and costs as aforesaid by the time payment defendaforesaid, the said defendant is from thenceforth to stand absolutely closed; debarred and foreclosed of and from all right title interest and equity of redemption of in and to the said mortgaged premises; and for the better taking of the said accounts the parties are to produce Parties to probefore the Master upon oath all deeds papers and writings in their duce all deeds, custody or power relating thereto, and are to be examined upon interrogatories as the said Master shall direct, who in taking of the Master to make said account is to make unto the parties all just allowances, and any just allowances. the parties all of the parties are to be at liberty to apply to the court as there shall be occasion.

account of prin

cipal and interest due, and to tax the plaintiff's costs at law and in equity, and

upon payment of

the amount reported due within

six months after

the report, plain

tiff to surrender

ant to be fore