other securities for money, as a security or securities for the amount by such writ of fieri facias directed to be levied, or so much thereof as shall not have been otherwise levied and raised; and may sue in the name of such sheriff or other officer for the recovery of the sum or sums secured thereby, if and when the time of payment thereof shall have arrived; and that the payment to such sheriff or other officer by the party liable on any such cheque, bill of exchange, promissory note, bond, specialty, or other security, with or without suit, or the recovery and levying execution against the party so liable, shall discharge him to the extent of such payment, or of such recovery and levy in execution, as the case may be, from his liability on any such cheque, bill of exchange, promissory note, bond, specialty, or other security; and such sheriff or other officer may and shall pay over to the party suing out such writ the money so to be recovered, or such part thereof as shall be sufficient to discharge the amount by such writ directed to be levied; and if, after satisfaction of the amount so to be levied, together with sheriff's poundage and expences, any surplus shall remain in the hands of such sheriff or other officer, the same shall be paid to the party against whom such writ shall be so issued; provided that no such sheriff or other officer shall be bound to sue any party liable upon any such cheque, bill of exchange, promissory note, bond, specialty, or other security, unless the party suing out such execution shall enter into a bond, with two sufficient sureties, for indemnifying him from all costs and expences to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the expence of such bond to be deducted out of any money to be recovered in such action."

Venditioni exponas.] By the 4th order, 10 May, 1839, it is ordered, "that if it shall appear upon the return of any such writ of fieri facias as aforesaid, that the sheriff

or other officer hath by virtue of such writ, seized but not sold, any goods of the person ordered to pay such sum of money or costs as aforesaid, the person to whom such sum of money or costs is payable, shall immediately after such writ with such return shall be filed as of record, be at liberty by his clerk in Court, to sue out a writ of venditioni exponas in the form hereinafter stated, or as near thereto as the circumstances of the case may require." This writ is prepared and issued in a similar manner to a Fieri Facias or Elegit (see Form, p. 32, Appendix).

To enforce execution of deeds, &c.] By the 1 Will. IV., c. 36, sec. 15, r. 15, it is enacted, that when any person shall have been directed by any decree or order to execute any deed or other instrument, or make a surrender or transfer, or to levy a fine, or suffer a recovery, and shall have refused or neglected to execute, make, or transfer, or levy or suffer the same, and shall have been committed to prison under process for such contempt, or being confined in prison for any other cause, shall have been charged with or detained under process for such contempt, and shall remain in such prison, the Court may, upon motion or petition, and upon affidavit that such person has, after the expiration of two calendar months from the time of his being committed under, or charged with, or detained under such process, again refuse to execute such deed or instrument, or make such surrender or transfer, or levy or suffer such fine or recovery, order or appoint one of the Masters in ordinary, or if the act is to be done out of London, then, if necessary, one of the Masters extraordinary to execute such deed or other instrument, or to make such surrender or transfer, for and in the name of such person, and to levy such fine or suffer such recovery in his name, and to do all acts necessary to give validity and operation to such fine and recovery, and to lead or declare the uses thereof; and the execution of the said deed or other instrument, and the surrender or transfer

made by the said Master, and the fine or recovery levied or suffered by him, shall in all respects have the same force and validity as if the same had been executed or made, levied or suffered, by the party himself; and within ten days after the execution or making of any such deed or other instrument, or surrender or transfer, or levying or suffering such fine or recovery, notice thereof shall be given by the adverse solicitor to the party in whose name the same is executed or made; and such party, as soon as the deed or other instrument, or surrender, transfer, fine, or recovery shall be executed, made, levied, or suffered, shall be considered as having cleared his contempt, except as far as regards the payment of the costs of the contempt, and shall be entitled to be discharged therefrom, under any of the provisions of this act applicable to his case; and the Court shall make such order as shall be just, touching the payment of the costs of or attending any such deed, surrender, instrument, transfer, fine, or recovery."

it

To enforce production of papers.] By the 16th id., is enacted, “That where a person shall be committed for a contempt in not delivering to any person or persons, or depositing in Court or elsewhere, as by any order may be directed, books, papers, or any other articles or things, any sequestrator or sequestrators appointed under any commission of sequestration shall have the same power to seize and take such books, papers, writings, or other articles or things, being in the eustody or power of the person against whom the sequestration issues, as they would have over his own property; and thereupon such articles or things so seized and taken shall be dealt with by the Court as shall be just; and after such seizure it shall be lawful for the Court, upon the application of the prisoner, or of any other person in the cause or matter, or upon any report to be made in pursuance of this act, to make such order for the discharge of the prisoner, upon such terms, and, if it shall see fit, making any costs in the cause, as to the Court shall seem proper."

H

PART II.

PARTICULAR PROCEEDINGS IN A SUIT.

CHAPTER I.

PARTICULAR BILLS.

BESIDES the original or ordinary bill, which has already been treated of at the commencement of this work, there are various other bills, which in particular cases it frequently becomes necessary to file. Some of these may be considered as original, and some merely as incidental or secondary bills.

As there are certain peculiarities attached to each of these bills, and as they necessarily vary according to the particular purpose for which they are framed, it will be convenient to treat of them separately.

SECTION 1.

BILL OF PARTITION.

of

This is an original bill, and is filed for the purpose obtaining the judgment of the Court as to the rights of parties, and the proportions to which they are entitled under a partition, and afterwards to procure a division of such proportions.

The suit is proceeded with in the usual way, up to the decree, which either declares the rights and proportions

of the parties, or directs a reference to the Master, for that purpose; in which latter case, as soon as he has ascertained the same, the cause is heard on further directions, and a partition decreed. The decree directs a partition and a commission to issue to divide the estate, and empowers the commissioners to examine witnesses, and reserves further directions and costs until the return of the commission. Each party appearing by a separate solicitor, is entitled to name four persons as commissioners, and they join and strike commissioners* names in the same manner as on a commission to examine witnesses, except that each set of defendants joins and strikes names with every other set of defendants as well as with the plaintiff. To save expense, it is usual for the parties to agree upon two persons to act as commissioners, who are generally either surveyors, engineers, or other scientific persons, according to the nature of the property to be divided.

If the commission directs witnesses to be examined, it is usual to give the same notice to the parties joining, as in the case of a commission to examine witnesses.

The commission is made returnable immediately, but the commissioners are not limited, as in a commission to examine witnesses, to execute it before the end of the term following that in which it is sealed. Unlike a commission to examine witnesses, it may be executed in or within twenty miles of London.

The commissioners may examine witnesses ore tenus, or take their depositions in writing. Neither the commissioners nor their clerk are sworn. The commissioners afterwards allot the estates, and make their return in the nature of a report, which is accompanied by a plan of the estate drawn on parchment, or vellum.

The commission is returned by a messenger, on oath, in the same manner as a commission to examine wit

nesses.

The party issuing the commission, afterwards moves to confirm the return by orders nisi and absolute, and the cause is set down for hearing on certificate, and