Petition of a defendant to be admitted to defend in To the Honorable James Kent, Chancellor of the state of New-York. The humble petition of the defendant sheweth: That your petitioner is served with process, to appear to and answer the plaintiff's bill, but by reason of his extreme poverty, is unable to make his defence thereto, if not permitted to defend in forma pauperis, as appears by the affidavit annexed. Your petitioner, therefore most humbly prays your honor, to admit him to defend this suit in forma pauperis, and to assign him Mr. for his solicitor, and Mr. for his counsel. And your petitioner shall ever pray, &c. To stay proceedings till cross bill answered. 5. To stay proceedings till swered. If after a bill filed a cross bill is filed before an an swer is put in to the original bill, the proceedings in the cross bill anoriginal bill, will on motion, be stayed till the answer comes in to the cross bill, (a) and where the answer has been put in, publication in the original will be enlarged to a fortnight after the answer to the cross bill comes in.(b) (a) 2 Mad. 221. Rumkiscuscat v. Barker, 1 Atk. 21. (1)2 Mad. ib. Cuswick v. Cuswick, 1 Atk. 291. 7. To suspend the exe. For the production of deeds. If deeds, letters, or other writings are referred to in an answer, the same will, on the plaintiff's motion, be ordered to be left with the defendant's clerk in court for the inspection of the plaintiff, his solicitor or agent.(a)* Whenever a deed is made part of the answer, and the contents are in a great measure set forth, and the instrument is referred to for the truth of what is set forth, the production will be ordered, (b) but where the answer admits the execution of the agreement, and craves leave to refer to it when produced, but there is no admission that it is in the possession or power of the defendant, a production will not be ordered.(c) To suspend the execution of a decree. It seems to be a general rule, that on an application cution of a de to the Chancellor to suspend the execution of a decree, the costs of the motion follow the judgments, for such motion amounts in effect to a rehearing.(d) orce. If a decree be for a specific performance of a contract, and there be an appeal to the Chancellor, the Chancellor will, upon application for that purpose, suspend the execution of the conveyance, but will do no more.(e) › (a) 2 Mad. 299. 3 P. Wms. 364. 8 Ves. 158. (d) 2 Mad. $75. Willan v. Willas, (h) 2 Mad. ib. Atkins v. Wright, 16 Ves. 89. 14 Ves. 214. (e) 2 Maa. ib. Gwyn v. Lithbridge, (c) 2 Mad. ib. Derwin v. Clarke, 14 Ves. 585.* By he rules of court in this state, there is only one clerk in court, who acts both for the omplainant and defendant. In a case where a mortgagee obtained a decree, it was upon motion suspended for six months, upon the mortgagor's bringing the money into court, consenting to a revivor, and paying interest and costs, and the plaintiff's undertaking to repay, if their decree should be reversed.(ƒ) To restrain a creditor from suing at law. (a) train a credi at law. Before a decree a creditor cannot be stopped from 8. To res proceeding at law,(b) but where a decree has been tor from suing made for the administration of assets, a motion may be made by the executor to restrain a creditor from proceeding at law, upon an affidavit by the executor of what money he has in his hands; until notice of the decree to the creditor, the party seeking to restrain his proceedings at law must pay the costs occasioned by not giving notice and suffering him to go on, but after notice he is not allowed costs ;(c) in one case it was held, that only those creditors who filed the bill and obtained the decree, could be deprived of the advantage of proceeding at law. (d) If the creditor brought his action before the bill was filed, and chooses to discontinue, he will be allowed to prove his costs at law in addition to his debt.(e) To enlarge time for payment of mortgage money. 9. To en large the time Upon a bill of foreclosure, the court will, though with regret, as the mortgagee is often a great sufferer for the pay (f) 2 Mad. 376. Monkhorne v. The Corporation of Bedford, 17 Ves. $80. (a) 2 Mad. 376. (5) Rush v. Higgs, 14 Ves. 638. (c) Paxton v. Douglas, 8 Ves. 520. ment of mort< gage money. 10. That a trustee may estate by it, enlarge the time for payment of the mortgage money(f) for six months, and again for three months, upon paying the interest due and costs,(g) but if a bill is brought to redeem, the court will not extend the time for payment of the mortgage money.(h) Motion that trustee may lease infant's estate. Where the property is small, the court will on molease infant's tion, and without a reference to the master, make an order that the trustee may be at liberty to let with the approbation of the receiver, but that this should not extend to building leases, nor extend beyond the infant's minority.(a) 11. For leave to prosecute or For leave to prosecule or come in under à décrée. Any creditors who come in under a decree for an come in under account, may if necessary, obtain an order to prosecute the decree.(b) e decrea 12. To con irm a report A defendant, if interested in taking accounts against an executor, a co-defendant, may move that he be allowed to attend the master in taking the account.(e) To confirm a report nisi or absolute. Nothing but an order for setting down exceptions nisi or absolute. for argument, is a sufficient cause against making the order for confirming the report absolute; filing ex (ƒ) 2 Mad. 377. Nevosielski v. Wake. field, 17 Ves. 417. (g) 2 Mad. ib. Monkhouse v. Corpo- (h) 2 Mad ́ib. Î7 Ves. 417. 419. (b) 2 Mad. 379. Creuge v. Hunter, 2 Ves. jun. 165. (c) 2 Mad. ib. See Pearce v. Crutch field, 16 Ves. jun. 49. ceptions and making the deposit are of no avail without that order.(d) That a purchaser may complete his purchase, or by the purchaser that he pay in his purchase money. 13. That a chaser that he If a purchaser under a decree delays paying his pur-purchaser may chase money, a motion may be made for an order upon complete his purchase, him to complete his purchase, by paying the purchase or by the pur * money with interest at per cent. from the time pay his purhe was reported the best purchaser,(a) and if he disobeys the order, he may be committed.(b) It has however been held, that if a purchaser subunits to forfeit his deposit, he is not bound to proceed in his purchase.(c) One purchaser of a lot, may on motion, be substituted for another, on the consent of the original purchaser, and all the, parties in the cause.(d) If two persons make a joint purchase, one of the purchasers will not be allowed to move to pay into court one moiety of his purchase money.(e) A purchaser, under a decree of the court, at a master's sale, may be compelled to complete the purchase; and the court, where the conditions of the sale give no alternative to the purchaser, will exercise its discretion, under the circumstances of the case, in coercing the purchaser by an attachment.(ƒ) (d) 2 Mad. ib. See Pearce v. Crutchfield, 16 Ves. jun. 49. (a) Mad 353. Savile v. Savile, Child v. Lord Abingdon, 1 Ves. jun. 94. (b) 2 Mad. ib. Landown v. Elderten, 14 Ves. 512. (d) 2 Mad. ib. Matthews v. Stubbs, 2 Bro. C. C. 391. (e) 2 Mad. ib. Darkin v. Marye, 1 Anst. 12. (f) 2 Johns. Chan. Rep. 505. The Executors of Brasher v. Cortlandt, a lu (e) 2 Mad. ib. Savile v. Savile, 1 P. natic, by his committee, &c. Wms. 745. chasp money. |