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and the opponent's course, in order to get a party dispaupered, is to apply to the Court by motion upon proper affidavits, of which motion notice must be given. If a pauper plaintiff sell or contract for the sale of the benefit of the suit, the Court will dismiss the bill; and if a pauper, during the progress of a suit, is guilty of vexatious conduct in its prosecution or defence, the Court will dispauper him: when he is dispaupered, he is in the same situation as a party in an ordinary case; he is liable to the costs of the solicitor whom he employs, and the Court may award his opponent his costs of the suit in the usual manner.

It has been already said, that a person suing or defending in forma pauperis is not liable to have costs awarded against him, and where costs are awarded in his favour, he, nor his solicitor, are entitled to full costs, but only to money out of pocket: but there seem to be some exceptions to this rule for instance, where a pauper's costs are not to be paid directly by his adversary, but out of the estate in question in the cause, the Court will, upon motion, order that he shall have dives (i. e. full) costs taxed; and as to interlocutory costs, the Court exercises a discretion, for in one case where a defendant put in an impertinent answer, the Court ordered the costs of the impertinence to be taxed to the pauper as dives costs, and in some cases even the pauper himself will have costs given against him; for instance, he cannot dismiss his own bill, except on payment of the defendant's costs; and if matter be expunged for scandal from any document filed or put in by the pauper, the costs of it will be given against him; for when any thing is expunged for scandal, the costs are looked upon as much as a punishment to the party guilty of it, as a compensation to the other party, and his poverty is no reason why a pauper should escape punishment, and in this case, if he cannot pay in purse, he is left liable to pay in person.

If an issue be ordered in a case in which either party is suing or defending in forma pauperis, the privilege does not extend to proceedings in the Court in which the issue is to be tried. To obtain the privilege in that Court, a rule must be obtained from it to admit the party to carry on the proceedings there in forma pauperis.

Where an infant is entitled to property either real or personal, it frequently becomes necessary to apply to the Court of Chancery for the appointment of a guardian to, and the allowance of maintenance for, the infant out of the property; the most frequent occasions of such an application becoming necessary, are where the father of the infant is not of sufficient ability to maintain him, where executors or trustees of the property are desirous for their own indemnity to act under the direction of the Court, and where the infant has a vested interest in the property, but on account of the terms in which it is devised or limited to him, he is not entitled to it till he becomes of age; he must however have a vested, and not merely a contingent interest in the property; for in the case of a bequest of property to an infant, in case he arrived at twenty-one years of age, and if not, then over to another person, the Court cannot, under any circumstances, allow the infant maintenance out of the property, unless by the consent of the party or parties who would be entitled to the property in case the infant should die before coming of age.

Where a suit is pending respecting the property, the application for the appointment of a guardian, and for maintenance, is made by presenting a petition, praying for a reference to the Master to appoint a proper person or proper persons, as guardian or guardians, and to inquire and report what will be proper to be allowed for maintenance. If no suit be pending, the object is to be obtained, if the infant's property be large, by filing a bill, and then present

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ing a petition in the suit; or if the infant's property be small, by presenting a petition without filingas! bill There are different decisions as to the amount of property which will render the institution of assuits necessary but I believe there is no case in which as bill has been dispensed with where the property fex ceeded 300 a year, and there are cases where a bill has been required where the property exceeded 100%.¶ a year. But it may now be taken to be the practice, i that where the property does not exceed 3004am year, the Court will act on petition without a bill being filed. Where no bill is filed, or suit pending, there is another distinction to be attended to, and› that is, that in some cases the Court will make an order on the petition, in the first instance, for the appointment of a guardian and the allowance of maintenance; and in other cases it will not do so without first ordering a reference to the Master to appoint the guardian, and ascertain and report the proper amount to be allowed for maintenance; and this again depends, in a great degree, upon the amount of the infant's property, and whether the / Court thinks it can bear the expense of a reference or not. I am not aware that there is any general rule as to the amount of property which will render a reference necessary; but in one case the Court refused to dispense with it where the property amounted to 15007. (16 Ves. 265 (a),) and in another case where it amounted to 150l. a year (I J. & W. 395); but I apprehend the Court will, in this case, be guided by other circumstances as well as by the amount of the property. Where there is a suit pending, the peti tion (which may be presented immediately the de fendant has appeared) and affidavits must of course be entitled in the cause; but where no suit is pendeb ing, they must be entitled "In Chancery. In the Matter of A. B., an Infant." The petition, afters being answered, must be served on all parties/in-1 terested, if there appear to be any such, and ons coming on, an order will be made either in the first

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instance or for tai reference to the Master. If thei latter, the matter goes into the Master's office, and d proposals for ca guardian or guardians, and for and allowance of maintenance, are carried in before him, to and he is attended by the parties; and having de-m cided on the persons proper to be appointed, and the proper amount to be allowed for maintenance, he makes his report on the subject Another petitioni is then presented to confirm his report, the order s made upon which has the effect of appointing the guardians, and authorizing the proper parties to pay them the maintenance. The Master also under the order taxes and allows the costs of all parties, which are usually paid out of the infant's property, As tol the proceedings in the Master's office, vide pages o 127 and 128.

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oIt generally happens that as the infant grows older, the expenses of his maintenance and education increase, and that a larger allowance for maintenance becomes necessary; the course in that case is to present another petition for a reference to their Master to inquire what further sum will be propert to be allowed for maintenance, and the proceedings ons this are similar to the former, a petition being presented to confirm the Master's Report, the order made upon which has the effect of allowing the further maintenance which the Master reports to bet proper.

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If the infant has a father alive, it is not a matter: of course that maintenance will be allowed, for it is a general rule that if the circumstances of the father are sufficiently good to enable him to maintain the infant in a manner suitable to the station and future fortune of the infant, the Court will expect him to do so, and will not grant him any allowance on account of maintenance; and whether the father is of ability to do so or not forms a subject of inquiry by / the Master, who very properly not only looks to the amount of the father's fortune or income, but also to the calls upon it in the shape of expenses, or

maintaining a proper appearance according to his rank in life. If the father, either from narrow circumstances, or from having a numerous family appears not to be of sufficient ability to maintain and educate the infant properly, an allowance will be made to him or to the guardian; and in settling the amount of it, the Master will take the father's circumstances and family into consideration, and will often grant a large allowance where the property is ample, with a view that the rest of the children may benefit by it, and this will especially be done where the property is entailed or settled in such a manner as that if the infant die the other members of the family would succeed to it. In proper cases an allowance will be made not only for maintenance for the time to come, but also for past maintenance; past maintenance, however, is seldom or never allowed to the father of an infant, but only to those who have maintained him without being legally bound to do so.

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If any party interested is dissatisfied with the Master's report, the mode of questioning it, or, in fact, of appealing against the Master's decision, is to present a petition to the Court, praying that the Master may be ordered to review his report: upon which an order will be made or refused, according to the case made out.

All sums of money paid into the Court of Chancery are paid into the Bank of England, with the privity of the Accountant-general of the Court, to the credit of the cause in which they are paid in; if no party take any steps to have the money invested in stock, it will lie in the Bank of England unproductive, but in order that this may not happen, it is usual to have a direction in the order for paying the money into Court, that it be laid out in the purchase of government securities, and this will usually be made part of the order on the application of any party interested; if this direction be not included in

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