5. General rule of the court now, not to make such rests,
6. Master cannot make such rests without being directed by the
decree,

7. Mortgagee in possession fully paid becomes a trustee, and
must pay
interest,

8. Mortgagee is not bound to leave the estate as he found it, if
lapse of time will account for the injury,

9. Not obliged to lay out money but in necessary repairs,
10. Will be liable for other rents than actually received in case of
gross negligence,

-

11. Expences incurred for the protection of the estate must be re-
funded him,

-

PAGE

245

244

245

ib.

247

12. Mortgagee will sometimes be denied the cost of an actual im-
provement,

248

13. Money advanced on renewal of leases to be refunded with in-
terest,

ib.

14. Only charged for actual receipts, except in case of wilful default,
15. May not commit waste in equity, unless the security be de-
fective,

-

16. Interest upon the bond will be stopped after tender,
17. Old rule that party must keep the money always ready,
18. Quere as to existence of this rule?

ib.

249

ib.

ib.

250

19. Principle appears to be whether the reasons of the mortgagee
are satisfactory or not,

250, 1.

REFERENCE,

To state an account,

Rests in an account.-Annual and other,

1. Distinction, in case of Mortgagee in possession, or with a view
to charge an Executor, &c.

2. As to Mortgagees in possession, general rule seems to be not to
make annual rests,

ib.

3. In such cases, not to be made without an order,

4. Rests against an executor or Trustee, with a view to the charg-
ing interest,

5. May be made without a direction in the decree,

6. Rests directed in a decree, either where interest is reserved,
or the decree is silent as to it; or where interest is to be
computed,

7. Reservation implies only that the Court will not then decide the
point,

8. If the decree does not direct interest, the Master cannot com-
pute it,

9. Effect of a decree directing rests and interest,

10. Distinction where the rests are referrible to the interest, and
where to the accounts,

11. A Master may make rests but cannot charge interest unless
authorized by the decree.

1. In England, generally upon bills for administration of

assets,

-

ib.

2. In Ireland sales always decreed,

213

PAGE

19. Auctioneer's memorandum will bind purchaser,

3. Rules of the Court where interest only is due, or any of sever-
al instalments,

5. Court of law relief in such case upon payment of amount really
due,

6. Of chancery sells only sufficient of the property to raise the
amount,

-

7. Provision of the decree for a further sale on a subsequent
default,
8. Court has a right to sell the whole-Provision of the statute as
to application of proceeds, where the whole is sold,

10. Master is bound to sell so much only as will raise the sum

reported due and costs,

11. Corrse to ascertain proper parcels, &c.

12. Abstract of title preferred in England,

13. Order in Ireland for production of deeds, &c.

14. Place of sale directed in decree, usually in the County in

17. Article of purchase,

18. Sales under direction of a Master are not within the statute of
frauds after confirmation of the report of sale,

20. Mortgagee may bid at the sale,

216

ib.

ib.

ib.

ib.

ib.

ib.

217

ib.

21. Adjournment of the sale in discretion of Master,
22. Not proper to adjourn upon bid of a stranger,

ib.

218

23. Court will direct a postponement in case of some public calam-

ity,

ib.

24. As to adjourning upon affidavit of the party expecting to pay
the money in a short time,

218

25. Practice to take a deposit,

220

26. Resale necessary if purchaser omit this,

ib.

27. Master may give notice that the sale will be resumed if the
purchaser fail,

ib.

28. Proceedings after the sale,-Deed-Receipt-Report-filing
mortgage,

ib.

29. English practice of procuring a report of purchase and con-
firming it first,

221

30. Approved of by Chancellor Kent,

ib.

31. This course advisable and why,

32. Period at which the estate is in the vendee is from confirma-
tion of this report,

33. Established doctrine that if a contract of purchase is com-
pleted, the estate is regarded as having been in the vendee
from its date,

34. Opening Biddings,

35. May be done in England always upon a sufficient advance,

ib.

ib.

41. Purchaser may appropriate part of his purchase money in

discharge of incumbrances,

222

223

ib.

ib.

ib.

224

ib.

226

ib.

42. Upon notice and application to the court,

43. Ground of the relief given,

-

277,278

44. Court warrants the regularity of the proceedings before it. Pur-

chase shall not be invalidated by errors of forın,

45. Substitute of purchaser allowed,

46. But upon affidavit of no under bargain,

47. Parties interested in responsibility of substituted person,
48. Inquiry into title,

49. English and Irish practice,

50. Purchaser admitted into receipt of rents from quarter day pre-
ceding the purchase,

51. If the purchaser objects to the title and would procure his dis-
charge, and the deposit, he may move for an order of refer-

ence,

52. Order and course of proceeding upon it,

53. Exceptions lie to a report of title,

54. Court will not compel purchaser to take a doubtful title,
55. As to costs on such a proceeding,

56. Course where purchaser neglects to complete his purchase,
57. First. Where the parties are willing to release him,
58. Second.-Adverse proceeding to perfect purchase,

-

59. Attachment may issue,

60. Cause of proceeding,

61. Motion for a resale, and that purchaser pay any deficiency,
62. A party taken under an attachment for not paying such de-
ficiency, may be bailed for the limits,

228, 9

229

ib.

230

ib.

251

ib.

ib.

ib.

231, 2

232

ib.

ib.

64. Course of practice to obtain, and execute,

238

65. Writs of execution of decrees,-observations upon,

239

66. Tenants unless parties, cannot be dispossessed by the pro-
cess of the court,

240

SCANDAL-See Impertinence. Answer 59.

SEPARATE REPORT-See Report,

63. Court will assist the purchaser to get possession by writ of as-
sistance,

6. If bill taken pro confesso when served,

7. Service on an officer of Court,

8. On party prosecuting or defending by special order,
9. When adverse solicitor resides in another County,
See also Underwriting.

T.

TRUSTEE ALLOWANCE TO-See Commissions.
Infant trustee-See Infant,

437

PAGE

19

WITNESSS.

1. Testimony of a party examined as a witness for another
party, when legal,

2. When a Master may examine witnesses,

3. Order to inquire sufficient as to facts not examined to before
hearing, and the witness not before examined,

4. Special order requisite when the same witness is to be exam-
ined to different facts,

5. Whether new witnesses can be examined to facts examined
to before hearing,

6. Cases and observations upon this point,

7. Witness not to be examined to the same facts to which he

was examined before hearing,

8. Nor twice before the Master,

9. Mode of procuring the testimony of witnesses,

10. When resident in the same county,

11. Summons irregular,

12. When resident in a different county,
13. In another state, or foreign country,

81

43 & 45

52 et. seq.

55

56

57

ib.

58

59

60.

14. It is not necessary that the names of the witnesses should be
in the commission

15. Mode of examining witnesses in England by interrogatories
filed with the examiner,

16. Masters have the power, but it is seldom exercised,
17. Open and oral examination employed in New-York,
18. Power of Masters in rejecting testimony and questions

19. Order to be obtained if a Master improperly reject testi-
mony,

20. Where he improperly admits testimony, an order to suppress
may be obtained,

21. In some cases exceptions would be proper,

22. A witness objecting to answer, demurs in writing,

23. Practice in such case,

24. Impertinence of interrogatories for examination of witnesses
See Impertinence,

TO THE FORMS IN THE APPENDIX.

A.

Affidavit Service Summons,

Do. of Production Books, &c.

Allowance of Interrogatories,

Account shewing result of charging interest on a debt, and crediting
it on payments,

Account in a cause applying excess of payment always in reducing

the principal,

Same account with quarter-yearly rests,

Same account with interest on the yearly balances,

Same compounding the interest,

Same computing compound interest by scale No. 36.

Scale of the gain for each of 20 years by compounding interest, with

the annual per centage,

Affidavit of sureties on appointing guardian,

Do.

Do.

committee lunatic,

receiver,

Do. of committee on passing accounts,

Do. guardian, &c.

Advertisements for creditors under decree,

Affidavit, service and refusal to deliver possession,
Attachment for not complying with the order of court,
Affidavit in case of an attachment,

Bond of guardian of infant,

B.

Do. of committee of lunatic,

C.

Clause in a decree to authorize production of books, &c.
Certificate of default not producing,

Do. where some are withheld,

Certificate of examination not being filed,

Do. or reference of examination for insufficiency,

Do. of party not attending on oral examination,
Do. of insufficiency of an oral examination,

Charge against an executor,

Do. of a creditor coming in under a decree,

Certificate of a commission to examine being necessary,

Do. of approval bond committee,

D.

Discharge, form of,

21

Depositions, caption of,

25

Demurrer of witness before a Master,

27

Decree of sale of mortgaged premises-ordinary and special form,
Decree of sale of remaining mortgaged premises to discharge a ba-
lance reported due with costs,

59,

61

Decree ordering a bidder to pay the difference between the first
and second sale of an estate with costs for not complying with the
terms of sale,