necessary circumstances to sustain the jurisdiction 79, 80, 81, 109

when remedied at law

relief in cases of lost bonds and instruments.

the grounds thereof. .

on condition of the party's giving indemnity.

where relief is sought, affidavit of the loss required.
otherwise where discovery only is sought.

three cases for discovery and relief on lost instruments,

79, 80
.81 to 88

. 81 to 88

60, 64 a, 70, 76

82, 85
82, 83, 88

88

stated by Lord Hardwicke .

relief in cases of lost notes, and the grounds thereof
jurisdiction over lost notes not sustained, upon the mere

fact of loss..

where the lost note is not negotiable

the loss, if not admitted, must be established by proofs
relief against penalties, and the grounds thereof

ACCIDENT — continued.

so, where stock is reduced by an act of Parliament
where there is a defective execution of a power by acci-
dent

(See POWER.)

93

94 to 97, 169 to 179

where trusts in favor of particular persons fail in being
executed

where a will is cancelled, supposing a later one executed

ACCOUNT,

confusion of boundaries by

omission of indorsement by

cases of, in which no relief will be granted

where there is a positive contract

where premises are destroyed by fire or light-

ning

where express covenant to pay rent.

where parties stand equally innocent

98

..99

99 a

99 b

100 to 109

101

101, 102

102

103

where the accident arose from gross negligence or
fault.

where both parties stand upon equal equities.
where a party has not a clear vested right.
in case of a bonâ fide purchaser without notice
grounds of equitable jurisdiction in cases of .
whether accounts are cognizable on account of
(See MISTAKE.)

confined to bailiffs, receivers, and guardians in socage, and

merchants

did not lie against wrong-doers

who were bailiffs and receivers in

modes of proceeding in this action

auditors could not administer an oath

issues being certified by the auditors, would be tried by

the court and jury

in many actions of account, defendant may wage his law. . 448
proceedings of courts of equity in suits for
reference to and report of a master.
all parties may be brought before the court

.450, 451

450

450

ACCOUNT-continued.

foundation of the jurisdiction of equity over.

450 to 452

because the remedy is more complete in equity than
law

450 to 452, 453, 454, note, 457

.

455, 456, 458, 514

in order to obtain a discovery
whether on the ground of accident, mistake, or fraud, it
lies
incidents to matters of account, of which concurrent juris-
diction is taken
difficult to ascertain the boundaries of jurisdiction over
Lord Erskine's opinion upon jurisdiction in . . .
whether, where the court has jurisdiction for discovery, it
will give relief.

jurisdiction over cases of mutual accounts

. 452, 511

. 452, 457
455 to 457
455, note

455 to 458, note

where the accounts are on one side, and no
discovery is sought

when not found in privity of contract

jurisdiction in cases of agency

(See AGENCY.)

to prevent multiplicity of suits

where no preliminary objection is taken to .

between trustees and cestui que trust

between tenants in common and joint-tenants
between part-owners of ships.

between partners. .

.

in bills of account both parties are actors.

defendant is entitled to orders in the

cause

may entitle him to a decree

in legal demands equity follows the statute of limitations.
within what time equity will interpose in cases of equi-
table demands.

decree to wind up partnership affairs

ACCOUNT BOOKS, specific delivery of
ACCOUNT STATED, when a bar in equity.
ACKNOWLEDGMENT OF DEBT,

what is sufficient to avoid statute of limitations.

. . 526 to 529

529

529

671, 672, note

709

1524

1521 a

when a charge of debts on lands avoids statute or not.

cognizable in ecclesiastical and common-law courts. .535 to 538,