the said accounts; and whether the said J. H. and J. D. in taking the said accounts between the said R. K. and your orator, as partners, and between the said D. S. and J. A. as trustees as aforesaid, did not charge to the account of the said partnership several considerable sums, and to what amount in the whole, which ought to have been charged to the private account of the said R. K. and that they may set forth the particulars of all such sums; and whether they did not give credit to the said D. S. and J. A. or to one and which of them, and to what amount, for sums which they had never paid; and whether they did not omit to charge them, or one and which of them, with several large sums, or to some and what amount, which they or one of them had received on account of the said copartnership, for which they or one of them had given no credit to the said copartnership, and that they may set forth an account of all such sums; and whether they did not in particular make such improper charges and allowances as hereinbefore in that behalf set forth, and more particularly whether they did not allow to the said D. S. the said several sums of 500/. and 1000%. hereinbefore charged to have been received by him in manner hereinbefore in that behalf set forth; and whether the said bill of 500l. was not paid to the said J. C. if at all paid to him, on account of some private debt of the said R. K. and not on account of any debt due to him from the partnership of the said R. K. and your orator; and whether the said two sums of 500l. and 1000l. ought not to have been charged to the debit of the said D. S. in his account with the said copartnership, or if not, for what reason; and whether your orator hath not since the making of the

said award applied to the said R. K.-D. S. and J. A. and requested them to come to a fair and just account with your orator, and to make to your orator all fair and just allowances, and whether they have not refused so to do; and whether they do not pretend that the said award is conclusive against your orator, and that your orator is thereby barred in equity from having the said accounts opened and reinvestigated? And that the said award may be set aside by a decree of this honourable court, and that the said R. K.-D. S. and J. A. may be decreed to come to a fair and just account with your orator, and that in taking such account all fair and just allowances may be made to your orator; and that the said partnership may not be debited with sums paid by the said D. S. and J. A. or either of them, on the private account of the said R. K. or that the said R. K. may be charged as indebted to the said partnership for so much; and that the said D. S. and J. A. may be charged with all such sums as they have respectively received of and from the said partnership effects; and that the said R. K.-D. S. and J. A. may be decreed respectively to pay to your orator such several sums as on taking the said account may appear to be due to him from each of them on account of the said copartnership and trusts respectively; and that, in the mean time, the said R. K. D. S. and J. A. may respectively be restrained by the order or injunction of this honourable court from all proceedings at law or otherwise for the recovery of the money so awarded to them respectively, or in any manner against your orator, touching the premises aforesaid, or any of them; and that your orator may have such other and further relief in the premises as

shall be conformable to equity and good conscience, and to your Lordship shall seem meet. May it please your Lordship, the premises considered, to grant unto your orator not only his Majesty's most gracious writ of injunction, to be directed to the said R. K.-D. S. and J. A. to restrain them and each of them from proceeding at law against your orator to enforce the performance of the said award, but also his Majesty's most gracious writ or writs of subpoena, &c.

BILL

To set aside an AWARD for Concealment of essential Circumstances by the DEFENDANT.

To the Right Honourable William Pitt, Chancellor and Under Treasurer of his Majesty's Court of Exchequer, at Westminster, the Right Honourable Sir Archibald Macdonald, Knight, Lord Chief Baron of the same Court, and the rest of the Barons there.

HUMBLY complaining, sheweth unto your honours, your orator T. G. of, &c. that J. M. late of, &c. in the county of, &c. Esq. deceased, being seised and possessed of a considerable real and personal estate, duly made and published his last will and testament in writing, executed and attested as is by law required for the passing and charging of real estates by will, whereby he gave and bequeathed divers legacies to various persons, and particularly the sum of 1000l. and twenty guineas to your orator, payable out of the rents and profits of his real estates; and he directed, that in case his personal estate should be insufficient to pay his funeral expences and debts, the trustees in his will named should, by and out of the rents and profits, or by sale or mortgage of his real estate, situate in, &c. raise money sufficient to make up such deficiency; and after devising some parts of his real estates by express

name, he gave and devised all other his messuages, lands, tenements, hereditaments, and real estates whatsoever and wheresoever unto the same trustees, upon trust that they should, in the first place, out of the rents and profits thereof, pay and discharge certain legacies in the said will mentioned; and from and immediately after payment of such legacies he directed that the said trustees should have, receive, and take the rents, issues, and profits thereof during the natural life of his uncle P. M. and from and after the death of the said P. M. and payment of such legacies, he directed his said trustees to convey and assure all the said mes. suages, lands, hereditaments, and real estates unto the first and other sons and daughters of the said P. M. and in default of such issue to J. G. one of the defendants hereinafter named; and his assigns, for and during the term of his natural life, then to trustees to preserve contingent remainders, remainder to the first and every other son of the body of the said J. G. in tail male, and in default of such issue then to and to the use of your orator and his heirs; and he appointed the several persons named in his will as trustees also his exccutors: And your orator sheweth unto your honours, that the said J. M. after the date and execution of his said will, made a mortgage in fee of certain premises in and by his said will devised, called therein his manor, messuages, lands, tenements, and hereditaments, in, &c. for securing the sum of 4000/. and afterwards intermarried with A. B. having previous to and in consideration of such his intended marriage conveyed the said manor, messuages, lands, tenements, and hereditaments in, &c. aforesaid, to certain trustees, in trust to and for the use of him the said J. M. for life, and after his decease to the use, intent, and purpose that his