Sect. 1. Of necessary parties in respect of the concurrence

of their interests with that of the plaintiff

2. Of necessary parties in respect of their interest in

resisting the plaintiff's demand

3. Of objections for want of parties

4. Of the joinder of parties who have no interest in

the suit

OF THE BILL:

CHAP. VI.

-

284

337

-

384

393

Sect. 1. Of the different sorts of bills

2. Of the authority to file a bill

3. By whom it is prepared

4. Of the matter of a bill

5. Of the form of a bill

-

6. In what cases the bill must be accompanied by

an affidavit

461

503

507

508

554

555

556

560

605

610

616

627

OF PROCESS OF CONTEMPT:

Sect. 1. Of contempts in general

2. Of the writ of attachment

3. Of the writ of habeas corpus

4. Of the messenger

5. Of the writ of attachment with proclamations

6. Of the commission of rebellion

7. Of the serjeant-at-arms

8. Of the writ of sequestration

9. Proceedings against peers and other persons

having privilege of Parliament, officers of the

court, &c.

10. Effect of a contempt upon the proceedings in the

cause

11. In what manner contempts in process may be

cleared, waived or discharged

12. Rules with regard to prisoners in custody

CHAP. IX.

OF TAKING BILLS PRO CONFESSO:

Sect. 1. Origin and nature of the practice

2. Where the defendant is not in custody

3. Where the defendant is in custody

4. Proceedings subsequent to the order

651

655

679

680

687

695

ERRATA.

Page

62, line 8, for "overruled," read "allowed."

127, line 30, dele "not."

228, line 20, margin, for "Bill," read "title."

239, line 7, margin, for "proof," read "admission."

256, Sect. XI., line 1, for "27 Hen. 7," read "11 Hen. 7."

293, line 10, margin, for "assignee," read "assignor."

344, note (c), for "Smithly v. Shuter," read "Smithby v. Stin

ton."

355, line 13, for "parson," read "patron."

366, line 29, margin, for "co-obligees," read "co-obligors." 392, last line, dele "even," and for "parties," read "a plaintiff." 421, line 21, margin, dele" bankrupt."

437, line 30, margin, for "against trustees for sale and purchasers," read "by trustees for sale against several purchasers."

500, line 19, margin, for "bringing," read "original."
512, line 5, margin, for "renewal," read "memorial.”
538, line 24, margin, for " after," read "before."
539, line 22, margin, for "time," read "trinity."
551, line 1, for "arises," read "which has arisen."

line 2, for "supplement," read "supplemental." 589, note (a), for " ibid," read " Imp. Off. Sher. 334.” note (b), for "post," read " ibid, 363."

651, line 25, transfer (m) to "adult," second line below.

CHAP. I.

OF THE COMMENCEMENT OF A SUIT.

A SUIT in the Equity side of the Court of Chancery is By English Bill. commenced by preferring a petition, containing a statement of the plaintiff's case, and praying the relief which he considers himself entitled to receive. This petition, when preferred by a subject, is called in the old books an English Bill, by way of distinction from the proceedings in suits within the ordinary or common-law jurisdiction of the Court, which till the statute of 4 Geo. 2, c. 26, were entered and enrolled more anciently in the French or Norman tongue, and afterwards in Latin, and is usually addressed to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal (a), unless the seals are in the King's hands, or the Chancellor himself be the suitor, in which case the bill is addressed to the King himself (b).

If the suit is instituted on behalf of the Crown, or of those By Information. who partake of its prerogative, or whose rights are under its particular protection, such as the objects of a public charity, the matter of complaint is offered to the Court, not by way of petition, but of information (c), by the proper officer, of the rights which the Crown claims on behalf of itself or others, and of the invasion or detention of those rights for which the suit is instituted (d). This proceeding is then styled an information. The rules of practice incidental to these two methods of instituting a suit in Equity differ so little from each other, that in the ensuing Treatise what is said with respect to the one may be considered as applicable to both, unless where a distinction is specifically pointed out.

(a) Ld. Red. 7.

(6) Ld. Red. 7.

VOL. I.

(c) Ld. Red. 7.

(d) Ld. Red. 18; 2 West. Symb. 194.

B

By Petitions.

There are other methods of commencing proceedings in the Court of Chancery, namely, by petitions, in cases of infancy, or under particular Acts of Parliament, the practice with regard to which, as well as with regard to petitions addressed to the Lord Chancellor in his character of custodies of idiots and lunatics, will be the subject of future chapters; but for the present I shall confine my observations to the practice arising out of the ordinary proceedings by bill or information; and in doing this I shall endeavour, first, to trace a suit in all its regular stages, from the bill to the final decree; I shall then proceed to the consideration of the points of practice which arise from incidental occurrences, and from interlocutory applications. As a preliminary step, however, I shall first point out the persons by and against whom a suit may be instituted, with the peculiarities of practice applicable to each description of persons; and shall then direct the practitioner's attention to the parties whom it may be necessary for him to bring before the Court, in order to entitle the plaintiff to obtain the decree which he seeks.