ORDER

SUBPOENA-continued.

to rejoin, to be served within one week from filing replication.

to rejoin, or to answer an amended bill, or to hear judgment, to be
served on clerk in court.

for attendance of witness before a Master to issue, upon a note from
him.

17

20

69

evidence upon, to be taken down by the Master or in his presence and
preserved.

WARRANT,

69, 72

appointing a time for taking into consideration the matter of a decree
or order, to be taken out by the solicitor bringing in such decree.
on preparing report, not to issue without requiring parties to show
cause against it.

to be taken out for the Master to examine as to any alleged scandal or
impertinence in any proceeding before him, or as to alleged insuf-
ficiency of an examination.

WITNESSES,

when rules to produce, must be given.

not to be produced at seat of clerk in court for the opposite party,
but notice of their names and descriptions to be served there.

may be cross-examined by the same examiner as took their examination
in chief.

may be examined vivá voce by the Master.

: 17

26

INDEX

TO THE

PRECEDENTS AND NOTES.

ABATEMENT,

bill of revivor in general necessary to warrant any proceedings after abate,
ment, i. 531, n.

ABSTRACT,

delivery of, statements of, in bills, i. 9, 12, 21

interrogatories to prove delivery of, or matters relative thereto and to the
title, ii. 154, 5

interrogatory to prove abstracts as exhibits, ii. 186

ACCESS

of husband to wife, interrogatory to prove, and also his residence, ii. 155
ACCOUNT,

bill for an account of monies advanced by defendant to plaintiff, also of
sums paid on account, that the amount paid may be set off against the
amount of monies advanced, and that upon payment of the balance, cer-
tain bonds may be delivered up to be cancelled, i. 64

bill by assignees for an account of testator's personal estate, debts, &c. and
to have one moiety of the clear residue carried over to the bankrupt's
account, subject to the widow's life interest, i. 121

bill by an assignee for an account of mercantile dealings and transactions
between the defendant and the bankrupt, and payment of the balancé,
i. 123

bill by assignees for an account of the proceeds of a shipment of goods
made by the bankrupt, i. 128

of debts due to defendant, interrogatory to prove delivery of, to a deceased
person, in what language written, the copy in witness's possession made
by his direction, and his observations written thereon; also to prove the
copy as an exhibit, requiring the witness to make a translation thereof,
distinguishing the hand-writing thereof and of the observations written
thereon, ii. 155, 6

existing unsettled, interrogatory to prove, and applications for payment,
ii. 157

ACCOUNT-continued.

interrogatory to prove a statement and settlement of accounts between plain-
tiff and defendants, respecting the effects of a deceased person, and pay-
ment of the balance, ii. 158

interrogatory to prove delivery of an attorney's bill, ib.

interrogatories for examination of an accountant, relative to an account made
out by him of the dealings between deceased persons; also to prove as
exhibits the books of account delivered to him for that purpose, and the
copy made by him of such account, ii. 187

interrogatories to prove the hand-writing of, and also as an exhibit the
diary or account kept by a land agent, ii. 189

interrogatory to prove that a land agent kept a diary or account of his
agency, and up to what time, and whether he discontinued keeping the
same, ii. 221

interrogatory to prove how and when the balance-sheets of partnership ac-
counts were made up, to whom delivered, and why, ii. 244

statement of a prayer for account of monies due to the plaintiff under cer-
tain agreements, in pursuance whereof he had rebuilt the premises in
question; also to have a lease executed to him, and for an account of the
arrears of the rents agreed to be paid to him by the defendants, ii. 374
decree opening stated accounts and directing a general account to be taken
of all dealings and transactions between the plaintiffs and defendants,

ii. 365

ACCOUNTANT-GENERAL,

form of the Register's certificate to the Accountant-General of the amount
of stock standing in his name, ii. 332, n.

ACCUMULATIONS,

statement (in a petition) of accumulations in respect of dividends on stock,
the investment thereof from time to time, and the amount of stock pro-
duced thereby, standing in the name of the Accountant-General, ii. 356
ACKNOWLEDGMENTS,

interrogatory to prove production of a book to a person, containing ac-
knowledgments or memorandums signed by him, and what passed relative
thereto, ii. 158

interrogatory to prove the acknowledgment made by a person on receiving
a sum of money, ii. 167

interrogatory to prove acknowledgments or admissions made by an obligor,
as to the person for whose benefit the bond was intended, ii. 282

ACT OF PARLIAMENT,

statements of application for, of the act obtained, of sales in pursuance
thereof, and payment of the purchase-monies into the Bank in the name
of the Accountant-General, i. 310

ACTION

on bond, statement of, and of judgment obtained, i. 165

in ejectment brought by trustees of a term, and of verdict found for the
plaintiff, statement of in a bill, i. 235

brought by trustees for the recovery of the balance of an account, state-
ment of in a bill, and of a set-off pleaded by the defendant, i. 486

brought by defendant for the recovery of the balance of an account, state-
ment of, in a bill, i. 489

brought by defendant for the recovery of an alleged shipment of dollars,
statement of in a bill, i. 496, 549

ACTION-continued.

of ejectment brought for recovery of possession of a moiety of an estate,
statement of, in a bill, i. 503

Istatement of an action of ejectment brought by lessor to recover posses-
sion of premises agreed to be let to the plaintiff in equity, i. 525

commenced for recovery of the amount of an attorney's bill, interrogatory
to prove, ii. 158

interrogatory to prove defendant's having commenced an action against
the plaintiff's agent, the trial thereof, and what passed thereat, ii. 159
ADDRESS OF BILLS, i. 2

ADMINISTRATION,

อ.

statements, in bills, of grant of, i. 160, 164, 180, 263, 369, 371, 373, 536,
548, 553

statements, in bills, of grant of, with the will annexed, i. 534, 563
statement, in a petition, of the death of executors, and of letters of admi-
nistration of effects left unadministered, with the will annexed, granted,
i. 642

statement, in an answer, of grant of, with the will annexed, ii. 26

recital in a decree of letters of, limited to matters in issue, and until final
decree made and the execution thereof completed, ii. 376

ADMINISTRATOR.-(For bills against administrators, see Contents, vol. i.
tit. Bills by next of Kin for Account.)

plea that defendant is not, ii. 95

interrogatories for the examination of the personal representatives of an
administrator, as to his intestate's estate and effects, exclusive of his
share in a partnership business, and also as to the debts which were
owing by the intestate, ii. 273

ADMISSIONS.-(See tit. Acknowledgments.)

statements of admission of three sisters to copyholds, as co-heiresses-the
death of one of them, and the admission of the surviving sisters (the
defendants) to her share, i. 329

·ADVERTISEMENT,

for discovery of a person, interrogatory to prove insertion of, and by whose
direction, and what applications were made in consequence, ii. 159
interrogatory to prove as exhibits advertisements inserted in newspapers,
and by whose direction inserted, ii. 243

interrogatory to prove an estate advertised for sale by auction, and by
whose authority, ii. 250

ADVOWSON,

when mortgaged, sale of should be prayed instead of foreclosure, i. 219, n.
* decree for partition of, ii. 386.—(And see tit. Will.)

AFFIDAVIT. (See Contents, vol. i. Chapter VIII.)

when required to be annexed to a bill, i. 204, n.

form of, to be annexed to a bill for delivery of title-deeds, i. 208

forms of, to be annexed to a bill of interpleader, i. 251

forms of, accompanying the examinations of fêmes covert, ii. 129, 131

AFFIRMATION of a quaker, a surveyor, as to repairs being requisite, i. 709
AFTER-MATH, as to tithe of, i. 417, n.

AGENT

of vendor, statement of agreement made with, in a bill by vendor for spe-
cific performance, i. 11

contracting for sale or demise of lands need not be authorized in writing,
i. 25, n.

statement (in a bill) relative to parliamentary agents employed in prosecuting
an election petition, i. 488

interrogatory to prove that plaintiff was employed by defendant as her
confidential attorney or agent, ii. 161

interrogatory to prove for how many years a person was employed as land
agent to proprietors of coal mines, whether he kept a diary or account of
his agency, and when he discontinued keeping the same, ii. 221. (See
also tit. Cross-Interrogatories.)

interrogatory for the examination of an agent or steward as to his having
been empowered by a testator to let and sell his estates and receive the
rents, also to ascertain the particulars of the estates, how long the exa-
minant had been in possession of any part, what rents he had received,
what remained in arrear, and what monies had been expended on the
estates, ii. 274

interrogatories for examination of, before the Master, as to rents received
by him, monies laid out in repairs, monies received by sale of estates and
timber, and requiring him to set forth the rental and all the particulars
of the estates belonging to a deceased person, ii. 287

AGISTMENT,

not claimable for after-pasture, where the land has been mown in the same
year and paid tithe, i. 417, n.

of barren cattle, interrogatories for discovery of the value of, ii. 311, 3, 5

AGREEMENT.-(See Contents, vol. i. titles, Bills for Specific Performance of
Agreements; and Bills to cancel Agreements.)

stated in a bill for specific performance to be in writing, signature presumed
until contrary shown, i. 9, n.

for lease of tithes made with a rector, statement of in a bill, i. 248
statement in a petition of a bill filed by a purchaser praying for an injunc-
tion to restrain the vendors from proceeding at law, and that they might
be decreed specifically to perform their agreement, and to execute a con-
veyance to the plaintiff, Or that the agreement might be cancelled, i. 666
statement (in a petition) of a petition presented praying that an agreement
for purchase might be cancelled, i. 670
interrogatory to prove the preparing and terms of, ii. 160

a parol agreement respecting the plaintiff's residing
with a defendant, ib.
interrogatory to prove defendant's signature to, ii. 190

a deceased person's signature to, ib.

the signature of witness to an agreement as agent on
behalf of the defendant, what passed previously to, and whether defend-
ant approved of, his signing the same, ib.

signed by an agent, interrogatory to prove as an exhibit, also to prove the
memorandum indorsed signed by the party ratifying the act of her agent, ib.
signed by the purchaser and auctioneer, interrogatory to prove as an exhibit,
and what passed at the time of execution, ii. 251

interrogatory to prove, by examination of solicitors, by whom they were
employed in negociating a treaty or agreement for sale between defend-
ants, that they received their instructions from the partners of defendant