DECREES AND DECRETAL ORDERS-continued.

statement of a subsequent order varying the time for payment of the pur-
chase-money, ii. 343

statement of an order directing an account to be taken of the interest due
on two legacies charged on an estate, and of the rents received by the
defendants, also directing the estates to be sold and an infant heiress to
join on her attaining twenty-one, the purchase-monies to be paid into the
Bank, ii. 352

statement of an order directing the payment of the interest due on two
legacies and also of the legacies in five shares, the Master to tax the
costs of all parties, also directing a sum of stock to be sold for the pay-
ment of the legacies and costs, also directing certain sums to be invested
in the purchase of stock to the separate account of an infant, and the
dividends to be laid out to accumulate, ii. 354

DEEDS.-(See Contents, vol. i. tit. Bills to compel the Delivery of Title-deeds.)
referred to in a schedule to an answer as being in defendant's possession,
plaintiff entitled to inspection of, i. 80, n.

in what cases a plaintiff must establish his title to the property at law before
he can come into a court of equity for the delivery of, i. 204, n.
an heir out of possession, entitled to a discovery of, to support his legal
title, but if the delivery thereof is prayed, the bill is demurrable, ib.
in what cases an affidavit must be annexed to a bill praying a discovery of, ib.
bill by tenant in tail to have possession of certain estates with the title-
deeds delivered up to him, and for an account of the rents received by the
defendants claiming under a recovery alleged to have been suffered, i. 204
bill by a devisee against the testator's widow and her solicitor, to have the
title-deeds relating to the devised estate delivered up, i. 209

mortgagee omitting to take, under what circumstances postponed, i. 240, n.
prayer that defendants may be directed to produce all decrees, deeds, &c.
relating to the customs of manors, for the perusal of plaintiffs, antecedent
to a trial at law, i. 350

prayer that defendants may deposit all deeds, &c. in the hands of the Master,
i. 375

prayer for delivery of, in bills of partition, i. 379, 380

bill praying that indentures of settlement may be deposited with a Master,
with liberty for the plaintiffs to give them in evidence in an action of
ejectment, i. 505, 508

Supplemental bill filed by a surviving trustee against a new trustee in the
room of a deceased plaintiff, praying that the defendant might be decreed
to join in all acts necessary to obtain possession of title-deeds, i. 528
statement of a bill filed by trustees, praying that the defendants might
deliver up certain deeds, &c. plaintiffs offering to discharge any lien which
the defendants, as solicitors, might have upon them, i. 529

prayer of a petition by a purchaser to have deeds delivered out, i. 665, 676
statements in answers admitting execution of, ii. 17, 44, 45, 46, 68-

demurrer to so much of a bill as sought a discovery of, for want of affidavit
annexed, ii. 76

interrogatory to prove destruction of, and when witness saw or heard them
read, ii. 169

interrogatory to prove preparing of, for carrying an agreement into exe-
cution, and the circumstances attending the preparing and engrossing
thereof, and their execution by a particular party, ii. 172

interrogatory to prove witness being in possession of, and from whom re-
ceived, ii. 181

DEEDS-continued.

interrogatory to prove the finding of old deeds, and in whose custody the
same have been, ii. 181

interrogatory to prove by whom deeds were brought to a person to be exe-
cuted, whether read over to him or on his behalf, whether witness was
requested so to do, and the understanding at the time of execution with
regard to the premises comprised therein, ii. 182

interrogatory to prove what the person who brought the deeds to be exe-
cuted said which led witness to believe that the conveyance had been
prepared according to the instructions given, and to be less careful in
examining the same, ib.

interrogatory to prove that the person who brought deeds to be executed
showed great anxiety to have them executed, and the inference witness
afterwards drew therefrom, and when first, ii. 183; also to prove how
witness happened to be present at the execution, p. 185

interrogatories to prove matters with regard to the procuring a conveyance
to be altered or corrected, ii. 184

interrogatory to prove the seal of an ecclesiastical corporation affixed to a
deed, ii. 203

interrogatories to prove the execution of, by subscribing witness or wit-
nesses,―also to prove receipts indorsed on, ii. 203, 4, 5

interrogatory for discovery of deeds, &c. in possession of witnesses ex-
amined before the Master, ii. 297, 8

part of an order directing delivery of deeds and attested copies, and the
execution of deeds of covenant for production of, ii. 370

DEMURRERS.-(See Contents, vol. ii. Chapter XII.)

claim by defendant of the same benefit from his defence by answer as if he
had demurred, ii. 68

observations on the frame of, ii. 72

DEPOSIT,

of purchase-money in a bank, and of its laying there without producing
interest, statement of, in an answer, ii. 17

DILAPIDATIONS,

prayer of a petition for a reference to the Master to take an account of the
dilapidations on the estates, and deterioration in value of the lands by
neglect of management previously to the petitioner taking possession,
i. 665, 675

statement of, in a petition by a purchaser, and prayer for a reference to the
Master to take an account and valuation of, ii. 345, 347

DISCLAIMER.-(See Contents, vol. ii. Chapter IX. Sect. 5. tit. Answers and
Disclaimers.)

answer and disclaimer accompanying a plea, ii. 98.—(And see tit. Executors.)
DISCOVERY-(See Contents, vol. i. Chapter III. Sect. 2. tit. Bills for Dis-
covery.)

observation on bills for, i. 483

DISPUTE,

interrogatories to prove, with regard to the payment of a sum of money,
the agreement to refer to arbitration, the award made, and the defend-
ant's acquiescence therein, ii. 185

DIVIDENDS,

interrogatory to prove receipt of, by plaintiff, ii. 186

interrogatory to prove the custom at the Bank of England of retaining
powers of attorney to receive dividends, ii. 201.-(And see titles Cross-
Bill. Stock.)

DOWER. (See Contents, vol. i. tit. Bill for Dower.)

statement of a defendant having brought a writ of, the bill praying to re-
strain her proceedings at law, i. 210

from what time a widow is entitled to an account, i. 212, n.

on a bill for, costs do not follow, ib.

bill for, against the deceased's heir at law and his other children and his
executors and devisees in trust, praying also to be declared entitled to an
annuity given by the deceased's will, the defendants insisting that the
plaintiff ought to elect, i. 212

prayer for, and for compensation for the value of the plaintiff's dower out
of such part of the testator's estate as was directed to be sold in her life-
time, i. 216

charges in a bill for, the defendants alleging that a sum due on bond was
intended to be discharged by the bequest of a legacy and an annuity, and
that the annuity was intended to be in full satisfaction of her dower, i. 217
decree for, out of freehold and copyhold lands, ii. 371

decree declaring widow to be barred of dower, (she having elected to take
under a settlement) also directing her to execute a proper release, ii. 405

DRAFT,

interrogatory to prove as an exhibit a copy of a draft previously to any
alteration being made therein, ii. 196

EJECTMENT,

statement of defendant having brought ejectments and actions against tenants,
and levied distresses, i. 436

statement of plaintiffs having brought an action of, i. 508

brought by lessor to recover possession of premises agreed to be let to the
plaintiff in equity, statement of, i. 525

statement of an action of ejectment brought by a devisee in the names of
trustees and executors, i. 699

plea to an ejectment bill negativing the averment as to their being out-
standing leases, ii. 104

ELECTION,

prayer that defendants may elect either to accept the benefits given by a
will and to confirm the will, or to renounce in favor of the plaintiff the
benefits given to them, i. 316.—(And see tit. Dower.)

ENTRY,

of stock in the bank books, interrogatory to prove, ii. 197
interrogatories to prove copies of entries on the court rolls, ib.

in parish register books, ii. 198
in the register books of an eccle-

siastical office for probate of wills, ii. 199
interrogatories to prove the hand-writing of entries in books, and whether
correct or not, and by whose direction made, ii, 216, 7

interrogatory to prove a copy of an entry in a book kept at the navy office,
ii. 221

interrogatory to prove entries in partnership books, ii. 242

all persons having an interest in, necessary parties to a bill of foreclosure,

i. 221, n.

EXAMINATIONS.-(See Contents, vol. ii. Chapter XIII.)

observations as to framing, ii. 123, n.

EXCEPTIONS.-(See Contents, vol. ii. Chapter XIV.)

statement of exceptions taken to an answer and allowed, i. 535
forms of, to answers, ii. 133, 135, 136

observations as to framing exceptions to answers, ii. 133, n., 135, n.
forms of, to reports, ii. 139, 140, 142, 145, 146, 147

observations as to framing exceptions to reports, ii. 139, n.

EXECUTORS.-(See tit. Stock.)

statements and charges in bills of executors having misapplied testator's
monies, in bills for account against, i. 121, 192, 277, 304

statement of one only of several executors having proved a will, and also
of his bankruptcy, in a bill by creditors against all the executors, i. 173
poverty of, no ground for appointing a receiver, i. 289, n.

inust deposit papers and writings in their hands for the benefit of the par-
ties interested, i. 295, n.

statement of renouncement and disclaimer by executors and trustees, i. 303,
534, 563

statement in a bill of an executor admitting a balance in his hands, payment
thereof into court, and investment thereof in the name of the Account-
ant-General, i. 520

statement of a cross-bill, praying that it might be declared that the plain-
tiffs in the original bill were not entitled to call upon the plaintiff in the
cross-bill to make good dividends received upon a sum of stock by a de-
ceased person, or that what he should be obliged to pay might be repaid
him out of the assets of such deceased person, i. 541

statement of two executors having proved a will, that one alone acted, and
received and applied the personal estate, and of large arrears being due
from him at his death, i. 564

prayer that executors may be charged with monies neglected to have been
invested by them, i. 579

admission by executors defendants, of the testator's will and probate, and

their possession of personal estate, for which they submit to account, but
whether sufficient to answer plaintiff's demands cannot state, ii. 21'
admission by an executor, being also the testator's heir at law, of his will
and codicil, setting forth the will more fully than stated in the bill, also
of his having proved the same, and possessed the personal estate and
received the rents of the real estate, ii. 28

admission by defendants of having proved, and possessed assets, ii. 29, 31,
32, 34, 35, 48

demurrer on the ground that plaintiff did not appear by the bill to have
proved the will of his testator, ii. 84

demurrer on the ground that plaintiff had not proved his testator's will in
the proper Ecclesiastical Court, ib.

plea by, of will and probate, ii. 99

plea that defendant is not, ii. 95

interrogatories for the examination of executors before the Master, ii. 283,

294

EXECUTORS-continued.

interrogatories for further examination of executors pursuant to a decree,
ii. 295

EXHIBITS,

interrogatories to prove, ii. 186, 210, 236, 243, 278

interrogatory to prove the contents of an exhibit, ii. 195

EXPENSES,

interrogatory to prove the average annual expenses of the family of a de-
ceased person who was in his life-time employed as a treasury messenger,
and as to declarations made by him as to what one child, not resident in
his family, annually cost him; also to prove the manner in which he
usually travelled, and at what expense, ii. 213
interrogatory to prove whether a person had other means of providing for
his family, besides what he received as a treasury messenger, ib.

FAMILY,

interrogatory to prove conversations or declarations relative to the deceased's
family and relations, or property to which he considered himself entitled,
inquiry as to the members of a family in proving a pedigree, ii. 214

FARM,

ii. 169

interrogatory to prove when alteration was made in the out-fences of two
farms, whether rent was paid as for two farms or as one farm, and whe-
ther one person attended at the rent-receipt day, and at the dinner given
to the tenants, as sole tenant of the two farms, or whether two persons
attended as tenants; also to prove whether previously to a particular
year taxes and rents were assessed as for two farms or as one farm, and
whether the farms were reputed to be one farm or two farms, ii. 215
interrogatory to prove knowledge of farms occupied by defendants, ii. 232

FELONY,

demurrer to so much of a bill as sought a discovery which might subject the
defendants to a charge of compounding, ii. 83

FEME COVERT,

commencement of bill by, where her husband is made defendant, i. 3
bill on behalf of, cannot be brought without her consent, ib. n.

petition by, (with others) praying that her share of a sum of stock may be
transferred to her husband, together with dividends accrued due, i. 648.-
(And see tit. Commission.)

FENCES,-of farms, interrogatory to prove when altered, ii. 215
FIERI FACIAS,-statement of the issuing of a writ of, i. 166

FINE,

statements of fines being levied, i. 509, 510

and non-claim, plea of, ii. 100

cannot be pleaded in bar to a bill filed by tenant in tail to prevent the set-
ting up of an outstanding term on the trial of an ejectment, ii. 100, n.
(The case there referred to has been since reported, 1 Sim. p. 349.)
interrogatory to prove the practice of the Duchy Court of Lancaster as to
the mode of proceeding there adopted to bar the operation of, ii. 216
interrogatory to prove destruction of records of fines levied during parti-
cular years, including the record of a fine levied of the premises in ques-
tion, ii. 248