1837.--Orders in Chancery.

XVI. That all applications for orders of course to be obtained on petition. or motion shall and may be made in the same manner in all respects as if the above orders had not been made; but as to all cases in which, according to the 9th preceding order, interlocutory applications (other than applications for orders of course) are directed to be made before the Lord Chancellor or ViceChancellor, if any order nisi, upon which cause against making the order absolute is to be shown to the court, shall be obtained as of course from the Master of the Rolls, such cause shall be shown before the Lord Chancellor or Vice-Chancellor; and if any order of reference to the master in ordinary shall be obtained as of course from the Master of the Rolls, and the master's report pursuant to such order of reference shall be excepted to, the exceptions thereto shall be heard before the Lord Chancellor or the Vice-Chancellor : and in all cases in which, according to the 12th preceding order, interlocutory applications (other than applications for orders of course) are directed to be made before the Master of the Rolls, if any order nisi, upon which cause against making the order absolute is to be shown to the court, shall be obtained as of course from the Lord Chancellor or Vice-Chancellor, such cause shall be shown before the Master of the Rolls; and if any order of reference to the master in ordinary shall be obtained as of course from the Lord Chancellor or Vice-Chancellor, and the master's report pursuant to such order of reference shall be excepted to, the exceptions thereto shall be heard before the Master of the Rolls.

XV. That, in the interval between the close of the sittings after any term and the commencement of the sittings before or at the beginning of the next ensuing term, applications for special orders may be made to any judge of the court in the same manner as if these orders had not been made; but that the orders which shall be made in any such interval by the Lord Chancellor, or by the Master of the Rolls, or by the Vice-Chancellor, *shall, [*750] if not made by the judge to whom the application, if made during the ordinary things of the court, would have been made pursuant to the directions contained in these orders, be marked as having been made for such judge, and shall in the future proceedings of the cause be deemed to be the order of such judge in all respects save this, that no order so made by one judge for another under the circumstances aforesaid shall be re-heard for the purpose of being discharged or varied otherwise than by the Lord Chancellor.

XVI. That, from and after the said 20th day of May, instant, all matters which, under and by virtue of any act of parliament, or otherwise, the court hath jurisdiction to hear and determine in a summary way, and which shall be in the first instance brought under the consideration of the court upon a petition presented to the Lord Chancellor, shall in any subsequent stage of the proceedings respecting the same matters be heard and determined by the Lord

1837.-Orders in Chancery.

Chancellor or Vice-Chancellor; and that no petition respecting the same matters in any subsequent stage of the proceedings relating thereto, shall without special order of the Lord Chancellor, be set down to be heard before the Master of the Rolls; and that all such matters as aforesaid which shall be in the first instance brought under the consideration of the court upon a petition to the Master of the Rolls, shall in any subsequent stage of the proceedings respecting the same matters, be heard and determined by the Master of the Rolls; and that no petition respecting the same matters in any subsequent stage of the proceedings relating thereto, shall, otherwise than for the purpose of re-hearing an order of the Master of the Rolls, be set down to be heard before the Lord Chancellor.[1]

COTTENHAM, C.

LANGDALE, M. R.
LANCELOT SHADWELL, V. C.

[1] As to the jurisdiction of the Chancellor and Vice-Chancellor of New York, see 1 Hoff. Pract. chap. 1. sect. 1. By a subsequent act of parliament two additional Vice-Chancellors have been added to the English court of chancery, 5 Vict. As to the distribution of business between the Lord Chancellor and Vice-Chancellors. See orders in chancery, 3 Beav. xxx, i, ii.

See ADMISSION. PARTNERSHIP. SHIP REGISTRY See CONSTRUCTION, 1. SETTLEMENT.

Аст.
ADMISSION.

An admission by a defendant in his answer, that
he alone has been in the possession or receipt
of the rents and profits of an estate since a time
therein specified, will not, under a decree di.
recting him to account for the rents received
by him since that time, preclude him from show-
ing, in the master's office, that part of such
rents was not received by him, but was paid by
the tenants to other parties. Howell v. How-
ell,
478

ADVANCING CAUSES.

See PRACTICE, 4.

AMEND, LEAVE TO.
See PARTIES. PRACTICE, 2.

AMENDMENT.

If a defendant is added by amendment after an-
swer, no further amendment of the bill can be
made, even as against that defendant, except
upon an application supported in the manner
required by the thirteenth order of 1828, as
amended in 1831. Attorney General v. Neth-
ercoat,
604

See DEMURRER, 1. PARTIES. PRACTICE, 2.
VOL. II

ATTACHMENT.

See PRACTICE, 1, 6.

BILLS OF EXCHANGE.

A merchant abroad sent drafts from time to time
to his London correspondent for acceptance,
under an authority for that purpose, and upon
an understanding that the liabilities of the lat-
ter in respect of all such acceptances, should
be covered by means of bills payable in Lon-
don to be remitted to him from time to time.
Under such an arrangement, the presumption
is, until an agreement to the contrary is shown,
that the London correspondent, was not intend-
-ed or entitled to treat the bills, so remitted,
as cash, or to discount them before maturity;
and, therefore, it was held that two of such bills,
which were existing in specie in his hands at
the time of his bankruptcy, and were not then
due, did not pass to his assignees, but were the
property of the party who had remitted them.
Jombart v. Woollett,
389

BOND.

Bond for a sum of money, ordered to be delivered
up to be cancelled; the Lord Chancellor being
of opinion, upon the evidence, first, that the
bond was not intended to operate as a security
56

1. A decree having directed the settlement of a
scheme for the regulation of the hospital of
King James in Colchester, and for the future
application of its revenues, the court, in after-
wards considering the scheme, came to the
conclusion that, upon the true construction of
the charter of foundation, and of the laws and
statutes of the hospital, it was intended, and
was essential to the proper performance of his
official duties, that the master should have a
proper residence within the hospital, or on the See LUNATIC, 1.
lands belonging thereto; and a reference was
accordingly directed for the purpose of ascer-

taining the best mode of providing such resi- See LUNATIC, 2.
dence; but the court declined to make any
specific declaration that it was the duty of the

master to reside, that being a matter falling See CONSTRUCTION, 2. VENDOR and Purchaser.
within the jurisdiction of the visitor. Attorney
General v. Smythies,

marriage should take effect, and L. should perform his covenant, he, S., would settle, the lands of G. to the use of himself for life with remainder upon certain trusts for the benefit of the husband and wife, and issue of the marriage. The marriage took effect, and the wife came of age; but S. failed to settle the lands of G.: Held, nevertheless, that L. was bound to perform the covenant on his part. Lloyd v. Lloyd, 192

2. E. and F. entered into a joint and several bond, of which the condition was, that if they or either of them, their or either of their heirs, &c. duly paid an annuity to B. for his life in manner following; viz. one moiety thereof by E., during her life, and the other moiety thereof of by F., his executors or administrators, during the life of E, and after the death of E., the whole by F. his heirs, executors, or admin. istrators, during the life of B., then the bond should be void; Held, that the liability under this bond was joint and several, and that F. having failed after the death of E. in paying the annuity, the estate of E. was liable on his default. Church v. King,

220

CONSTRUCTION OF STATUTES.

By the act 53 G. 3, c. 159, the liability of a shipowner for damage done by his ship, with out his fault or privity, to another ship, is lim. ited to the value of the ship doing the damage, and her appurtenances and freight:

Held, that the value of the ship doing the damage, is the price at which she could be sold; and that price must be ascertained, not by making deductions from her cost price, proportioned to her age, but by a valuation and appraisement. Dobree v. Schroder. 489 See PRACTICE, 5. STATUTES.

CONTEMPT.

A barrister, who was also a member of parliament, appeared before a master as counsel in support of a petition presented by himself and others; and he afterwards addressed a letter to the master, which was expressed in threatening terms, and the tendency of which was to induce the master to alter the opinion he was supposed to have formed upon the case; and he subsequently wrote a letter to the Lord Chancellor, in which he avowed the authorship of the letter to the master. The Lord Chancellor committed him to the Fleet, during pleasure. Mr. Lechmere Charlton's Case, 316 See PRACTICE, 1. 6.

COPYHOLD.

CORPORATION.

3. A son, being indebted to his father upon a
bond for 1000l. and interest, subsequently joined
his father, as surety, in a bond for 500l. and
interest given by the father to a third person;
and a memorandum was then indorsed upon
the bond for 10001, by which it was agreed
between the father and son that the son should
not be called on to pay the within mentioned
principal sum of 10001. until the father should See NEW TRIAL.
have paid all principal money and interest, due
on the bond for 500l.: Held, that this indorse-
ment did not affect the interest accruing due See MUNICIPAL CORPORATIONS.
upon the bond for 1000l., and therefore that,
after the deaths of the father and son, the per
sonal representative of the father might file a
bill against the real and personal representa.
tives of the son, praying for immediate pay.
ment of the interest on the bond for 1000Z.,
and for payment of the principal, when the
principal and interest on the bond for 5007.
should have been paid.

A surety who compounds a debt for which his principal and himself have become jointly liable, and takes an assignment of that debt to a trustce for himself, can only claim, against his principal, the amount which he has actu. ally paid. Reed v. Norris,

361

4. Lands were limited by deed to the use of the settlor for life; remainder to the use of his wife for life; remainder to the use of the heir female of the body of the settlor, on the body of his wife already begotten, and now living or which may be begotten hereafter and in de. fault of such issue, to the use of the heir male of the body of the settlor on the body of his wife to be begotten; remainder to the right heirs of the settlor. At the time when this deed was executed, the settlor and his wife had issue four daughters, and no issue male; but at his death the same four daughters and also several sons of the marriage survived him : Held, that under the limitation to the heir female, the daughters took a life estate in the lands as purchasers. Chambers v. Taylor, 376 See COLLEGE. SETTLEMENT. VENDOR AND PURCHASER. WILL, 1, 2, 3.

COSTS.

1. When a defendant puts a demurrer on record, and also demurs ore tenus, if the demurrer on record is overruled, but the demurrer ore tenus is allowed, the defendant must pay the costs, of the demurrer on record, unless the court, at the time, makes other order to the contrary; and semble, the court will not be disposed to make such other order. Mortimer v. Fraser.

173

2. If a client, having paid his solicitor's bill of costs, without pressure or undue influence, wishes afterwards to have it taxed, he must state in his petition, and prove by evidence, that the bill contains such grossly improper charges, as furnish evidence of fraud; and the petition must point out the particular items to which that description applies, and those items must be proved by evidence to answer the des. cription.

3.

An allegation that a solicitor has received moneys on account of his client, for which credit has not been given in the settlement of a bill of costs, is not sufficient, although supported by evidence, to warrant an order for the taxation of the bill.

Principles of the court with respect to the taxation of a solicitor's bill after payment. 495 Horlock v. Smith,

Refusal to order the taxation of a solicitor's bills of costs, the amount of which had been secured by a deed in the year 1819, although the suit was then pending; the client's affairs having