not been required to, and has not, put in an answer, the defendant may dismiss the bill after three lunar months from appearance, unless cause set down. (Vol. ii. pp. 125, 205.) Mere bills for discovery, or to perpetuate testimony, or for appointing a receiver, cannot be dismissed for want of prosecution. (Vol. ii. p. 31.)

DISTRINGAS.-What-Stock.—A distringas is either to restrain the transfer of stock, or to enforce the appearance and answer of a corporation. (Vol. i. pp. 27, 232; vol. iii. pp. 151, 182, 316.) A distringas on stock may be removed by motion or petition; if no suit be instituted within eight days after application for a transfer the distringas is at an end. (Vol. iii. p. 316.)

DOCUMENTS, PRODUCTION.--Plaintiff and Defendant.—A plaintiff may at chambers, at any time, and a defendant may after answer put in, and before sufficient, obtain an order for production of documents in the possession of the opposite party. (Vol. i. pp. 133, 167; vol. ii. p. 290; vol. iii. pp. 66, 316; vol. iv. p. 37.) ▲ defendant requiring before decree the production of documents from a co-defendant, must file a cross-bill; after decree an order at chambers may be obtained. (Vol. ii. p. 35.)

EVIDENCE.-Vivâ voce-Time for closing-Cross-examination on affidavit-How evidence taken-Subpoena abroad-Answer-DecreeAdding, &c., to writing-Bill and answer.-A plaintiff or defendant may, within fourteen days after issue joined, apply by summons at chambers that evidence-in-chief, or to any mentioned facts or issues may be taken viva voce at the hearing; in case an order is made, no affidavit or evidence before an examiner is admissible as to the fact or issue. (Vol. i. pp. 107, 134, 168.) The evidence-in-chief in any cause in which issue is joined (not being on any issue, &c, the evidence on which is to be heard at the hearing), must, including cross-examination and re-examination, be closed within eight weeks after issue joined, unless specially enlarged. (Vol. i. pp. 107, 144, 168.) Where a party has filed an affidavit in any matter or cause where issue is not joined, the opposite party may, within fourteen days, give a notice requiring the production of such deponent for cross-examination before the examiner ; if not produced, the affidavit cannot, without leave, be used. The party requiring the crossexamination pays the expenses in the first instance. (Vol. i. p. 124.) Evidence, after replication, on notice of motion for a decree, and hearing on bill and answer. (Vol. iii. p. 181.) Vivá voce examinations after issue joined are taken exparte, in the presence of the party producing the witness. On motion for a decree, the examination is in the presence of both parties. (Vol. iii. p. 35.) A copy of a subpoena to compel the attendance of a witness should be served on him, producing the original writ, and tendering him, if living at a distance, his reasonable expenses. If before the examiner, a

notice of the time and place should also be given to the witness. (Vol. i. p. 133.) The oral testimony of a witness abroad may be obtained by the appointment by the Court, or a judge, on affidavit, of a special examiner. (Vol. ii. p. 34.) A defendant desiring to read his own answer as evidence against the plaintiff, on a motion for a decree, should give notice thereof. In other cases the defendant should make a short affidavit of verification. (Vol. ii. p. 152.) A decree in a cause is evidence for and against all parties to the suit in which it was made, and persons claiming under them; its contents are proved by the original or an office copy (Vol. ii. p. 152.) Where there is a written agreement between the parties, evidence is not admissible to add to qualify or contradict it, yet evidence of known usages are admissible. (Vol. ii. p. 289; vol. iii. p. 65.) On the hearing of a cause on bill and answer, nothing but the answer is admissible as evidence, unless matter of record referred to by the answer. (Vol. ii. pp. 123, 200; vol. iii. p. 181.)

EXAMINERS.-There are two examiners: they take the examinations of witnesses where it is to be oral, and not before the Court. (Vol. iii. p. 35.)

EXECUTION. Any person to whom costs or moneys are payable may, after one month from the order, &c., sue out a fi. fa. or an eliget. An attachment may be issued. (Vol. i. p. 235; as to Deeds see DECREE.)

FURTHER CONSIDERATION.-In chambers.-Where an administration suit is commenced in chambers, the further consideration is in chambers, unless adjourned into Court on account of any difficulty. (Vol. iii. p. 78.)

HEARING.-Set down cause.-A plaintiff who has required and obtained an answer must, within four weeks after the evidence has been closed, set down his cause for hearing. (Vol. ii. pp. 125, 200.)

INJUNCTIONS.-In what cases-Another Court-Prayer of-Common Law Courts-Disobeying.-Injunctions are granted in a variety of cases, as waste, nuisances, copyrights, patents, negociation of bills or notes, sale of stock, ships, &c., user of trade marks, to stay actions at law, &c. (Vol. i. p. 231; vol. ii. pp. 58, 122, 198; vol. iii. p. 317.) Injunctions are granted to restrain proceedings in another Court when the defendant in such proceedings would be entitled to relief in equity from the judgment of such Court, or it be otherwise inequitable, or no adequate relief could be given. (Vol. ii. p. 288; vol. iii. p. 65.) To obtain an injunction, a bill praying it should be filed, notice of motion given, affidavit filed verifying statements in bill. (Vol. i. p. 231.) Where the grievance sought to be restrained is very pressing or will work irreparable damage, an injunction may be granted exparte, unless the defendant has appeared. (Vol. iv. pp. 36.) The jurisdiction of Courts of Equity

in granting injunctions is not affected by the C. L. P. Act, 1854. By that Act Courts of Common Law can grant injunctions in cases of breach of contract, or other actionable injury against the repetition or continuance of such breach or injury, &c. (Vol. ii. p. 122, 199.) Persons disobeying injunctions may be committed on motion for contempt of Court. (Vol. iii. p. 317.)

INTERLOCUTORY PROCEEDINGS are such as are taken between the commencement of a suit and its termination, in respect of some matter not determining the litigation, such as for security for costs, production of documents, leave to amend, time to answer, &c. (Vol. i. p. 109.)

INTERROGATORIES.-What?-Time for filing and delivery. -A plaintiff requiring discovery must file interrogatories for the examination of the defendant. (Vol. iii. p. 150.) Interrogatories to a bill must be filed within sixteen days from the service of the bill, whether the defendant appears or not; the time for serving the interrogatories varies according as the defendant appears or not in due time. If he appears in due time the interrogatories must be delivered within eight days from the time limited for the appearance (not from actual appearance); if he does not appear in due time, then either before appearance or within eight days after appearance. (Vol. i. pp. 28, 29; vol. iii. p. 150; vol. iv. p. 307.)

MOTION.-Notice of.-There must be two clear days notice of an ordinary motion, excluding Sunday and other days on which the offices are closed, except Monday and Tuesday in Easter week. (Vol. iv. pp. 171, 285. By leave shorter notice may be given. (Vol. iv. P. 285.)

NE EXEAT REGNO.-Object, and how obtained.-This writ is to prevent a debtor leaving the country; it issues where the debt or claim is equitable; a bill praying for the writ is filed, and then motion is made for the writ on affidavits, certificate of filing of bill, and office copy affidavits. (Vol. ii. p. 291; vol. iii. p. 182.)

PARTIES TO SUITS.-Infants and femmes covert - HeirSovereign-Foreign sovereigns.-Infants and married women sue by their next friends; lunatics and idiots by their committees. (Vol. iii. p. 149.) An heir-at-law need not be made party to a bill to carry into execution the trusts of a will. (Vol. iv. p. 36.) The sovereign sues by information in the name of the Attorney-General; where the immediate rights of the Crown are not concerned a relator is named. A queen-consort sues by her Attorney-General. (Vol. iii. p. 149.) A foreign sovereign may sue in respect of apprehended wrongs to property belonging to such sovereign, and intended to be committed in this country. (Vol. iii. p. 34.)

PLEA.-What?-A plea is proper when any objection is not apparent upon the bill itself, but which, if introduced, would create

a bar to the suit or to part of it. (Vol. iii. pp. 152, 316; vol. iv. p 307.)

PROCEEDINGS, COMMENCING.-Proceedings in equity are commenced by bill, information, special case, summons at chambers, petition, or by motion or summons. (Vol. i. pp. 135, 169, 233; vol. ii. p. 35.)

PRO CONFESSO.-Absconding, &c.-A bill may be ordered to be taken pro confesso when the defendant absconds to avoid process, or taken on process of contempt. The Court assumes the statements in the bill to be true, and decrees accordingly. (Vol. iii. p. 151.)

PROHIBITION.-Writs of-May issue out of Chancery, though the usual course, especially in term time, is to apply to a Common Law Court. (Vol. iii. p. 65.)

RAILWAY COMPANY.-Getting money out of Court.-When money has been paid into Court by a railway company, to get it out the landowner must present a petition and serve it on the company, with an affidavit verifying the title, and that there is no other right or claim, and a certificate of the fund should be obtained, on which the petition is heard, and an order drawn up. (Vol. i. p. 29.)

RECEIVER.-Appointment-Prayer.-An application for the appointment of a receiver must be by motion to the Court; to supply a vacancy it may be summons at chambers. (Vol. iv. pp. 139, 222.) A receiver will not be appointed unless the bill contains a prayer for one. (Vol. iv. p. 222.)

REGISTRARS-Duties of-They attend the sittings of the Courts, set down causes for hearing, take down minutes of the judgments, draw up and settle decrees and orders of the Court, &c. (Vol. iii. p. 35.)

STOP ORDER-What-Chambers-Service.-A stop order restrains a transfer or payment of stocks or funds standing in the name of the Accountant-General, without notice to an assignee or mortgagee thereof. (Vol. i. pp. 108, 145; vol. iii. p. 182.) Applications for stop orders, where both assignor and assignee concur, may be made in chambers: otherwise, in Court, by petition. (Vol. i. pp. 108, 145.) Service of an application for a stop order is made on the assignor; if assignor entitled only to undivided share of fund standing to a general account, all parties interested in the fund must be served. (Vol. iv. pp. 171, 285.)

SUIT, STEPS IN. The plaintiff files his bill, serves the defendant with a copy; the defendant appears, and gives notice thereof; the plaintiff files interrogatories, and serves copy thereof; the defendant answers, and gives notice thereof; the plaintiff either replies and goes into evidence, sets down the cause, and issues subpoena to hear judgment, or gives a notice of motion for a decree, having filed his affidavits; the defendant answers the affidavits, and then the

cause is heard and decree made, which, if not final, is carried into chambers, and any inquiries thereby directed are made, and certificate given, upon which the cause is heard on further directions. (Vol. i. p. 235; vol. iii. p. 181.)

TRAVERSING NOTE.-Where a defendant has not put in any answer, the plaintiff may, as soon as the defendant's time has expired, file a traversing note, the effect of which is simply to deny the statements in the bill. (Vol. iii. p. 152.)

CONVEYANCING.

ADVOWSON.-Alienation.

- An advowson in gross may be aliened, and the next, &c., presentation, during an existing incumbency, but not during a vacancy, may be granted, &c. If the grantee of a next presentation does not dispose of it, his personal representative is entitled. (Vol. i. pp. 35, 65.)

ACCUMULATIONS.-The four periods for which a trust for accumulation of income are lawful are-1. Lifetime of settlor, &c. ; 2. Twenty-one years from the death of settlor, &c. ; 3. Minority of any person living at the death of settlor, &c.; 4. Minority of person under the settlement or will who would, for the time being, if of full age, be entitled to the income. (Vol. iv. pp. 137, 219.)

ANNUITY.-Election to take value-Perpetual or not.-Where a testator gives an annuity, and directs a sufficient sum to be appropriated by his executors, wherewith to purchase the annuity, the annuitant may elect to take the price or value instead of the annuity, (Vol. i. p. 229.) An annuity of £600, bequeathed by a testator to his son out of a certain stock, was directed not to be sold until after the death of the son and his wife, nor until the son's son should attain twenty-one: the son took a perpetual annuity, and not one for his life merely. (Vol. i. p. 229; vol. ii. pp. 43, 44.) Where an annuity is given by will to A. indefinitely, he will be entitled for life only. (Vol. iii. p. 177.)

ASSETS.-Charge of debts.-A charge of debts on lands makes them equitable assets, for equal division among the creditors, without any priorities. (Vol. iv. p. 306; ante, p. 63.)

ASSIGNMENTS-To self and another.-Any person may assign personal property, including chattels real, directly to himself and another, &c. (Vol. iv. pp. 33, 56.)

BASTARDS.-Dying without issue.-If a bastard dies intestate and unmarried, all his property, except copyholds, will go to the Crown; the copyholds go to the lord of the manor. (Vol. ii. p. 28) BENEFICES.-Charging-An ecclesiastical benefice cannot be charged in a direct manner, but it may indirectly, through a warrant of attorney, followed by judgment and execution. The clergyman